02-02-10 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, February 2, 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.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor McDuffie noted Item 7.C., Economic Stimulus Grant Update -
Lisa King, Langton Associates, Inc., was added to Presentations by addendum; Item 8.A., Request for
Sidewalk Deferral/453 N.W. 9~' Street was moved to the Regular Agenda as Item 9.A.A; Item 8.F.,
Interlocal Agreement/Palm Beach County/Art in Public Places/Tennis Center was moved to the
Regular Agenda as Item 9.A.A.A.; Item 8.L, Independent Contractor Agreement/Robert Brand was
moved to the Regular Agenda as Item 9.A.A.A.A.; Item 8. K., Review of Appealable Land Development
Board Actions, Site Plan Review and Appearance Board (SPRAB) Item #3 was moved to the February
16, 2010 Commission Meeting; Item 8.L.5. Purchase Award to Applied Simulation Technologies was
moved to the Regular Agenda as Item 9.A.A.A.A.A. Approved as amended, 5-0).
5. APPROVAL OF MINUTES:
A. January 12, 2010 -Special/Workshop Meeting (Approved, 5-0)
B. January 19, 2010 -Regular Meeting (Approved, 5-0)
C. January 26, 2010 -Special Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing 2-1-1 Awareness Week -February 11 - 17, 2010
7. PRESENTATIONS:
A. Government Finance Officers Association -Certificate of Achievement for Excellence
in Financial Reporting
B. Presentation of Proposed Elevations and Floor Plan for the new Little Fenway Park
Concession Building
C. Economic Stimulus Grant Update - Lisa King, Langton Associates, Inc.
(Addendum)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA
B. RE ,VEST FOR SIDEWALK DEFERRAL/1127 MIRAMAR DRIVE: Approve
a request to defer the installation of a sidewalk along Miramar Drive for 1127 Miramar
Drive.
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C. HOLD HARMLESS AGREEMENT/AUBURN TRACE LTD/VILLAGE AT
DELRAY: Approve and authorize a Hold Harmless Agreement between the City and
Auburn Trace Ltd. to install a guardhouse within the boundaries of a 40-foot utility
easement at the entrance to the Village at Delray project located at 695 Auburn Avenue.
D. ACCEPTANCE OF RIGHT-OF-WAY DEEDS/COMMUNITY
REDEVELOPMENT AGENCY (CRAI/ALLEYWAYS IN BLOCKS 19 AND
20: Approve and accept two (2) right-of--way deeds from the CRA for alleyways in
Blocks 19 and 20.
E. CONTRACT CLOSEOUT (C.O. NO. 2/FINALI DOWNRITE
ENGINEERING CORP.: Approve a Contract Closeout (Change Order No.
2/Final) in the amount of a $247,399.30 decrease and final payment in the amount of
$31,004.32 to Downrite Engineering Corp. for completion of the Area 11A Reclaimed
Water System (Contract 3) Project. Funding is available from 441-5181-536-65.96
(Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission).
F. (MOVED TO ITEM 9.A.A.A. ON THE REGULAR AGENDA).
G. SPECIAL EVENT REQUEST/EAST END VOLLEYBALL/ANNUAL
BEACH VOLLEYBALL TOURNAMENT: Approve a request from East End
Volleyball to hold the Annual Beach Volleyball Tournament on the beach adjacent to
Anchor Park on Saturday, March 20, 2010 from 9:00 a.m. - 7:00 p.m., and Sunday,
March 21, 2010 from 9:30 a.m. - 6:00 p.m.
H. MEMORANDUM OF UNDERSTANDING/PALM BEACH
COUNTY/MULTI-AGENCY TASK FORCE: Approve a Memorandum of
Understanding with the Palm Beach County Sheriffs Office for participation in the
multi-agency narcotics task force to address narcotics activity within Palm Beach
County.
I. (MOVED TO ITEM 9.A.A.A.A. ON THE REGULAR AGENDA
J. FY 2010 PROPOSED PERFORMANCE MEASURES/GOLF COURSES AND
TENNIS FACILITIES: Approve proposed performance measures for FY 2010 for
the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities.
K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
January 19, 2010 through January 29, 2010.
L. AWARD OF BIDS AND CONTRACTS:
Contract award to Chaz Equipment Company, Inc. in the amount of $28,675.00
for the emergency repair of a deteriorated sanitary sewer manhole on Highpoint
Drive (Highpoint Subdivision). Funding is available from 442-5178-536-46.90
(Water & Sewer Renewal & Replacement Fund/Repair & Maintenance
Service/Other Repair/Maintenance Cost).
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2. Purchase award to Line-Tec, Inc. in the amount of $95,589.00 via the City of
Boynton Beach, Bid #023-2821-09/JA for installing reclaimed water meters and
connecting customers on the Barrier Island to the Reclaimed Water system.
Funding is available from 441-5161-536-49.23 (Water and Sewer Fund/
Reclaimed Water Distribution System).
3. Purchase award to Sensus Meters in the amount of $14,183.00 for the purchase
of "dual port" radio read devices required in connecting customers on the
Barrier Island to the Reclaimed Water system. Funding is available from 441-
5161-536-49.23 (Water and Sewer Fund/ Reclaimed Water Distribution
System).
4. Purchase award to Scriptlogic Corp. in the amount of $37,255.00 for the
purchase of archiving exchange software (Quest Archive Manager) for the City's
email data network. Funding is available from 334-6111-519.66-10 (General
Construction Fund: Books- Publications-Software).
5. (MOVED TO ITEM 9.A.A.A.A.A. ON THE REGULAR AGENDA).
9. REGULAR AGENDA:
AA. RE ,VEST FOR SIDEWALK DEFERRAL/453 N.W. 9t'' STREET: Approve a
request to defer the installation of a sidewalk along N.W. 9~' Street for 453 N.W. 9~'
Street. (Commissioner Eliopoulos filed a Conflict of Interest and left the dais. Approved, 4-0).
INTERLOCAL AGREEMENT/PALM BEACH COUNTY/ART IN PUBLIC
PLACES/TENNIS CENTER: Approve an Interlocal Agreement with Palm Beach
County to contract services with its Art in Public Places program to manage the Delray
Beach Tennis Center Public Art Project, in coordination with the City of Delray Beach's
staff and Public Art Advisory Board (PAAB). Funding is available from 115-1702-579-
31.90 (Special Projects Fund/Professional Services/Other Professional Services).
(Approved, 5-0).
AAAA. INDEPENDENT CONTRACTOR AGREEMENT/ROBERT BRAND:
Approve an Independent Contractor Agreement between the City and Robert Brand to
conduct background investigations for prospective candidates for police officer and
non-sworn police employment. Funding is available from 001-2111-521-13.10 (General
Fund/Other Salaries/Wages/Part-time). (Approved, 5-0).
AAAAA. Purchase award to Applied Simulation Technologies in the amount of $44,900.00 to
reconfigure two (2) Driving Simulators. Funding is available from 101-2136-521-34.90
(ARRA Economic Stimulus FD/Other Contractual Services) and 112-2172-521-52.20
(Law Enforcement Trust FD/Operating Supplies/General Operation Supplies).
(Approved, 5-0).
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A. WAIVER REQUEST/WAL-MART CENTER: Consider a waiver request to Land
Development Regulations (LDR) Section 4.6.9(D)(4)(b), "Wheel Stops", to allow an
alternative (concrete bollards) to wheel stops in twenty-two (22) handicap accessible
spaces for the Wal-Mart Center located at 16205 South Military Trail. (Quasi Judicial
Hearing) (Motion to adopt board order as presented; Approved, 3-2. Commissioner
Eliopoulos and Commissioner Gray dissenting).
B. WAIVER REQUEST/PNC BANK: Consider a waiver request to Land
Development Regulations (LDR) Section 4.6.18 (B) (13) (b), "Outbuildings and Shopping
Centers", for architectural elevation changes to allow blue awnings in place of black and
white striped awnings for the PNC Bank Outbuilding located within the New Century
Commons. (Quasi Judicial Hearing) (Motion to adopt board order as presented;
Approved, 5-0).
C. CONDITIONAL USE REQUEST/S.D. SPADY MUSEUM AND CULTURAL
ARTS CENTER: Consider a request for conditional use to allow an outdoor
amphitheater at the S.D. Spady Museum and Cultural Arts Complex, located on the
west side of N.W. 5`'' Avenue, between N.W. 1S` and 2"d Street, within the Central
Business District (CBD) zoning district. (Quasi-judicial Hearing) (Motion to adopt
board order as presented; Approved, 5-0).
D. WAIVER REQUEST/CUT 432: Consider a waiver request to Land Development
Regulations (LDR) Section 4.4.13 (F) (4) (a) (2), "Front Setbacks", to allow a zero (0')
setback where a five foot (5') setback is required, for construction of a covered sidewalk
cafe on the south side of East Atlantic Avenue for Cut 432 located at 432 East Atlantic
Avenue. (Quasi Judicial Hearing (Motion to adopt board order as presented; Approved,
5-0).
E. CONDITIONAL USE REOUEST/H & M AUTO BODY, INC.: Consider a
request for conditional use to allow the establishment of an automobile paint and body
shop (body repair and refurbishing of vehicles) known as H & M Auto Body,
Inc., within the Tenth Street Park of Commerce located at 1100 S.W. 10`'' Street.
(Quasi Judicial Hearing (Motion to adopt board order as presented; Approved, 5-0).
F. CONDITIONAL USE REOUEST/PUTT'N AROUND DELRAY BEACH:
Consider a request for conditional use to allow a miniature golf course known as Putt'n
Around Delray Beach located on the west side of N.E. 5~' Avenue, between N.E. 3ra
Street and N.E. 4`'' Street. (Quasi Judicial Hearing) (Commissioner Eliopoulos filed a
Conflict of Interest and left the dais. Motion to adopt the board order as presented; Approved,
4-0).
G. WAIVER REQUEST/VILLAGE ARTS MART: Consider a waiver request
associated with the approval of a temporary use permit for an Arts Mart at 113 & 115
N.E. 4a' Avenue. (Quasi Judicial Hearing (Motion to adopt board order as presented;
Approved, 4-1. Commissioner Frankel dissenting).
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H. REPLACEMENT OF TREES REMOVED BY THE OFFICE: Provide
direction on the replacement trees and potential violation fines for the unauthorized
removal of three (3) city-owned Japanese Fern Trees located at the N.E. corner of
Atlantic Avenue and N.E. 2"d Avenue. (Consensus of Commission to support staff's
recommendation of Option #1).
I. AUTHORIZATION TO FILE APPEAL/CITY OF DELRAY BEACH V.
BOARD OF TRUSTEES OF THE CITY OF DELRAY BEACH POLICE
OFFICERS AND FIREFIGHTERS RETIREMENT SYSTEM: Consider a
request for authorization to file an appeal to the Fourth District Court of Appeals in the
case of the City of Delray Beach v. Board of Trustees of the City of Delray Beach Police
Officers and Firefighters Retirement System. (Approved, 4-1; Commissioner Frankel
dissenting).
J. APPOINTMENT TO THE GREEN TASK FORCE: Appoint one (1) regular
member to the Green Task Force to serve an unexpired term ending July 31,
2011. Based upon the rotation system, the appointment will be made by Mayor
McDuffie (Seat #5). (Mayor McDuffie's appointment was DEFERRED to the February 16,
2010 Regular Commission Meeting).
K. APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE BOARD:
Appoint one (1) regular member to the Site Plan Review & Appearance Board to serve
an unexpired term ending August 31, 2010. Based upon the rotation system, the
appointment will be made by Commissioner Fetzer (Seat #2). (Appointed Svetlana
Bogdanovic and approved, 5-0).
10. PUBLIC HEARINGS:
A. 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). (Quasi-
Judicial Hearing) (The applicant has requested the ordinance be TABLED until
the February 16, 2010 City Commission Meeting) (WITHDRAWN due to a request
from the applicant).
B. ORDINANCE NO. 06-10: Consider an ordinance amending Section 53.064,
"Prevention of Accidental Discharges", by removing any reference to above ground
storage tanks from this section. (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.
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12. FIRST READINGS:
A. None
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JANUARY 29, 2010
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