01-05-10 Agenda Results RegularCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
Tuesday, Tanuary 5, 2010 and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated.
Public Hearings 7:00 p.m.
Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this
Delray Beach City Hall section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
C. Regular Agenda and First Reading Items: Public input on agendaed items,
other than those that are specifically set for a formal public hearing, shall
be allowed when agreed by consensus of the City Commission.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
100 NW 1st Avenue
Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Smith at 243-7010,
Fax: (561) 243-3774 24 hours prior to the event in order for the City to accommodate your request.
Adaptive listening devices are available for meetings u7 the Commission
Chambers.
ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor McDuffie noted there was revised information on the dais for Item
8.F., Hold Harmless Agreement/Stanmore Development, LLC/Midtown Delray; and Item 8.E., Hold
Harmless Agreement/Happy Together Plat; was moved to the Regular Agenda as Item 9.A.A.;
Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
A. December 1, 2009 -Regular Meeting (Approved, 5-0)
B. December 8, 2009 -Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Martin Luther King, Jr. Day -January 18, 2010
B. Delray Beach Poetry Week -January 18-23, 2010
C. Mental Health Month -January 2010
7. PRESENTATIONS:
A. "You are Not Alone" -Dave and Creig Smith
B. Site Plan Review and Appearance Board (SPRAB) Awards
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. FINAL SUBDIVISION PLAT APPROVAL/WORTHING PLACE BLOCK 77
REPEAT: Approve the final boundary plat for Worthing Place Block 77 Replat,
located at 32 S.E. 2nd Avenue.
B. CHANGE ORDER NO. 8/WEST CONSTRUCTION, INC./MILLER PARK
IMPROVEMENTS: Approve Change Order No. 8 in the amount of $14,332.50 to
West Construction, Inc., to install Celebration Bermuda Sod as a substitute for Tiffway
Bermuda 419 Sod, for the Miller Park Project. Funding is available from 334-4173-572-
63.90 (General Construction Fund/Improvements Other/Other Improvements).
C. CONSENT TO ASSIGNMENT FROM GLATTING JACKSON KERCHER
ANGLIN TO AECOM TECHNICAL SERVICES: Approve the Consent to
Assignment of the professional services agreement dated April 7, 2007 from Glatting
Jackson Kercher Anglin, Inc. to AECOM Technical Services.
01/05/2010
-2-
D. TAKEOVER AGREEMENT/COMMERCIAL INSURANCE ALLIANCE
COMPANY: Approve a Takeover Agreement with Commercial Insurance Alliance
Company (Surety), which provides that the Surety shall take over the landscaping
project at the Atlantic Avenue and I-95 gateway from the contractor, Garden World of
Holiday, Inc.
E. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA
F. HOLD HARMLESS AGREEMENT/STANMORE DEVELOPMENT, LLC/
MIDTOWN DELRAY: Approve a Hold Harmless Agreement with Stanmore
Development, LLC for improvements in the right-of--way associated with the Midtown
Delray Medical Building located at 4600 Linton Boulevard.
G. RESOLUTION NO. 01-10: Approve Resolution No. 01-10 assessing costs for
abatement action required to remove nuisances on 24 properties throughout the City.
H. AGREEMENT/FLORIDA DEPARTMENT OF LAW ENFORCEMENT
(FDLEI/NCIC/FCIC SYSTEM: Approve an Agreement with Florida Department
of Law Enforcement (FDLE) for use of the National Crime Information Center
(NCIC)/Florida Crime Information Center (FCIC) System by the Police Department.
I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
December 7, 2009 through December 31, 2009.
J. AWARD OF BIDS AND CONTRACTS:
1. Contract award to American Lighting Maint., Inc. in the amount of $15,350.00
for the installation of three (3) scoreboards at Miller Park. Funding is available
from 334-4173-572-63.90 (General Construction Fund/Improvements
Other/Other Improvements).
2. Contract award to A & A Associates in an estimated annual cost of $15,840.00
for security services at Pompey Park. Funding is available from 001-4127-572-
31.90 (General Fund/Professional Services/Other Professional Services).
3. Contract award to Power-Tel Utility Products, Inc. in the amount of $24,694.00
for the purchase of a ground penetrating radar locator system as satisfaction of
civil penalties for the accidental release of wastewater from Lift Station #18's
force main (located on Andrews Avenue near Lowry Street) on June 2, 2009.
Funding is available from 441-5161-536-64.90 (Water and Sewer
Fund/Machinery/Equipment/Other Machinery/Equipment).
4. Purchase award to Mohawk Resources Ltd in the amount of $38,523.76 for the
purchase of five (5) replacement vehicle lifts for the City garage. Funding is
available from 501-3311-591-64.90 (Garage Fund/Machinery/ Equipment/
Other Machinery/Equipment).
01/05/2010
-3-
9. REGULAR AGENDA:
AA. HOLD HARMLESS AGREEMENTS/HAPPY TOGETHER PLAT: Approve a
Hold Harmless Agreement between the City and Herbert Sainio, associated with the
Happy Together Plat located at the northwest corner of N.W. 4th Avenue and N.W. 9th
Street. (Commissioner Eliopoulos declared a conflict of interest and left the dais. Motion to
approve; Approved, 4-0)
A. WAIVER REQUESTS/DELAIRE COUNTRY CLUB: Consider a waiver
request to Land Development Regulations (LDR) Section 2.4.6(F) "Temporary Use
Permit" to allow use of three (3) modular trailers to house the golf pro shop, tennis pro
shop, and fitness center during remodeling of the existing clubhouse; and a waiver to
LDR Section 4.4.3(I)(3) "Construction Site Conditions/Restrictions" to allow increased
construction trailer size, in association with remodeling the Delaire Country Club
located at 4645 White Cedar Lane. (Quasi Judicial Hearing) (Motion to adopt Board
Order as presented; Approved, 5-0)
B. CONDITIONAL USE REQUEST/EUROPCAR: Consider a conditional use
request to allow construction of a 540 square foot building on the west side of the
existing structure to be utilized as an enclosed paint booth for Europcar, located on the
south side of S.E. 4th Street and west of the FEC Railroad. (Quasi Judicial Hearing)
(Motion to adopt Board Order as presented; Approved, 5-0)
WAIVER REQUEST/EUROPCAR: Consider a waiver request to Land
Development Regulations (LDR) Section 4.4.13(F)(1)(a), "Height", which
requires a 25 feet minimum building height. (Quasi Judicial Hearing) (Motion
to adopt Board Order as presented; Approved, 5-0)
C. CONDITIONAL USE REQUEST/DELRAY SCRAP RECYCLING: Consider
a conditional use request to allow the establishment of a scrap recycling and storage
business for Delray Scrap Recycling, located at 725 S.W. 16th Avenue. (Quasi Judicial
Hearing ~1Vlotion to adopt Board Order as presented; Approved, 5-0)
D. SPECIAL EVENT REQUEST/PRO-BOWL TAILGATE PARTY: Consider
approval of a special event request for the Pro-Bowl Tailgate Party to be produced by
the Chamber of Commerce Destination Delray Task Force and co-produced by the City
of Delray Beach to be held on Friday, January 29, 2010 from 5:00 p.m. to 10:00 p.m.; to
grant a temporary use permit per LDR's Section 2.4.6(F) for use and closure of A-1-A
from the south side of Atlantic Avenue to just north of the Bermuda Inn driveway from
3:00 p.m. to 11:00 p.m.; and to authorize staff support for security and traffic control,
EMS services, barricading, site cleanup, use of the large city stage, trash boxes, and use
of the portable generator; and to leave the Sandoway parking lot and Marriott lot open
until 11:00 p.m. (Motion to approve, Approved, 5-0)
E. AGREEMENT/AMERICAN TRAFFIC SOLUTIONS (ATS~ Consider a revised
agreement between the approved vendor, American Traffic Solutions (ATS), and the
City for the implementation of a Red Light Enforcement Program. (Motion to approve,
Approved, 5-0)
01/05/2010
-4-
F. LEASE AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY
(CRAI/OLD SCHOOL SQUARE GARAGE: Consider a proposed Lease
Agreement with the Community Redevelopment Agency regarding the Old School
Square Garage retail space. (Motion to approve, Approved, 5-0)
G. VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES
AGREEMENT: Consider approval of a Vote Processing Equipment Use and
Election Services Agreement between the Palm Beach County Supervisor of Elections
and the city for conducting municipal elections. (Motion to approve, Approved, 5-0)
H. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint three
(3) regular members and two (2) alternate members to serve three (3) year terms ending
January 14, 2013 and one (1) regular member to serve an unexpired term ending January
14, 2012 to the Code Enforcement Board. Based upon the rotation system, the
appointments will be made by Commissioner Fetzer (Seat #2), Commissioner Frankel
(Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner
Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2). (Appointed David Boone as an
alternate and approved, 5-0; appointed Stanley Brodka and approved, 5-0; appointed Shannon
Dawson as an alternate and approved, 5-0; appointed Gerald Franciosa and approved, 5-0; and
appointed George Thayer and approved 5-0. Commissioner Gray's appointment for a regular
member was deferred to the January 19, 2010 Regular Meeting)
I. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint one (1)
regular member to the Police Advisory Board for a two (2) year term ending July 31,
2011 and one (1) regular member to serve an unexpired term ending July 31, 2010.
Based upon the rotation system, the appointments will be made by Commissioner
Frankel (Seat #3) for one (1) regular member to serve a two (2) year term ending July
31, 2011, and Commissioner Fetzer (Seat #2) for one (1) regular member to serve an
unexpired term ending July 31, 2010. (Appointed Carl Forrest and approved, 5-0; and
appointed Kevin Warner and approved, 3-2. Commissioner Eliopoulos and Commissioner
Fetzer dissenting)
J. APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint four (4) regular members to the Parking Management Advisory
Board to serve two (2) year terms ending July 31, 2012. Based upon the rotation system,
the appointments will be made by Commissioner Frankel (Seat #3), Commissioner
Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Eliopoulos (Seat #1).
(Appointed Alan Kornblau and approved, 5-0; appointed John Gergen and approved, 5-0;
appointed Cecelia Boone and approved, 5-0; and appointed Peggy Murphy and approved, 5-0)
K. APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS COMMISSION:
Appoint one (1) regular member to the Public Employees Relations Commission
(PERC) for a four (4) year term ending January 29, 2014. Based upon the rotation
system, the appointment will be made by Commissioner Gray (Seat #4). (Appointed
Stephanie Bedenbaugh and approved, 5-0)
01/05/2010
-5-
L. FUNDING REQUEST/COMMUNITY REDEVELOPMENT AGENCY
fCRA~ Consider making a request for the Community Redevelopment Agency (CRA)
to assist the City in funding artificial turf to be permanently placed at the Seacrest
Athletic Facility to be used for ayear-round sports training camp. (Approved, 5-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 61-09: Consider acity-initiated amendment to the Code of
Ordinances Chapter 53, "Sanitary Sewer", to comply with the new local discharge limits
that were approved by the Florida Department of Environmental Protection (FDEP)
for the South Central Regional Wastewater Treatment Plant (SCRWTP). (Approved, 5-0)
B. ORDINANCE NO. 01-10 (FIRST READING/FIRST PUBLIC HEARING
Consider acity-initiated amendment to Land Development Regulations (LDR)
pertaining to Assisted Living Facilities and Continuing Care Facilities. If passed, a
second public hearing will be held on January 19, 2010. (Approved, 5-0)
C. ORDINANCE NO. 02-10 (FIRST READING/FIRST PUBLIC HEARING
Consider acity-initiated amendment to the Land Development Regulations (LDR)
pertaining to Community Residential Homes and Group Homes. If passed, a second
public hearing will be held on January 19, 2010. (Approved, 5-0)
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
A. ORDINANCE NO. 03-10: Consider a privately-initiated rezoning from CF
(Community Facilities) to RM (Medium Density Residential) fora 0.387 acre parcel of
land known as the Bordman Property, located on the west side of Oceanview Avenue,
south of Gulfstream Boulevard. If passed, a public hearing will be held on January 19,
2010. (Approved, 5-0)
B. ORDINANCE NO. 04-10: Consider modification of the Blood's Grove SAD
(Special Activities District) Ordinance No. 46-07, in conjunction with a change to add
an additional 1,088 sq. ft. to an existing 29,780 sq. ft. medical office building to total
30,868 sq. ft. for the Midtown Medical Building, located at the southwest corner of
Linton Boulevard and Old Germantown Road (4600 Linton Boulevard). If passed, a
public hearing will be held on January 19, 2010. (Approved, 5-0)
01/05/2010
-6-
C. ORDINANCE NO. 05-10: Consider a city-initiated amendment to the Land
Development Regulations (LDR) Section 2.4.7(G), "Requests for Reasonable
Accommodation", to provide an exception to the property address requirement on the
"Request Form for Reasonable Accommodation". If passed, a public hearing will be
held on January 19, 2010. (Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: DECEMBER 31, 2009
01/05/2010
-7-