04-20-10 Agenda Results Regular MeetingCity 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, Apri120, 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. (There was additional information on the dais for Item 9.A., Drug Task
Force Request for City Website Link. Approved, 5-0).
5. APPROVAL OF MINUTES:
A. April 6, 2010 -Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Teacher Appreciation Week -May 2-8, 2010
B. National Preservation Month -May 2010
C. World Tai Chi and Qigong Day - Apri124, 2010
D. Earth Month - Apri12010
E. Municipal Clerk's Week -May 2-8, 2010
7. PRESENTATIONS:
A. S.P.LRLT. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork)
Committee Quarterly Employee Awards Presentation
B. City of Delray Beach Residents Academy Certificates -Janet Meeks
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. HOLD HARMLESS AGREEMENT/JP MORGAN CHASE BANK, N.A.:
Approve a Hold Harmless Agreement with JP Morgan Chase Bank, N.A. to install a
water main within Florida Department of Transportation (FDOT) right-of-way at the
intersections of N.E. 7th Street and both north and southbound Federal Highway for
the property located at the northwest corner of N.E. 7th Street and northbound Federal
Highway.
B. INTERLOCAL GRANT AGREEMENT/PALM BEACH COUNTY/BUS
SHELTERS: Approve an Interlocal Grant Agreement with Palm Beach County for
reimbursement for the installation of twenty-five (25) bus shelters utilizing American
Recovery Reinvestment Act (ARRA) grant funds.
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C. RENEWAL OF AGREEMENT WITH QUALITY TRANSPORT SERVICES,
INC./DOWNTOWN ROUNDABOUT SHUTTLE SYSTEM: Approve
renewing an Agreement with Quality Transport Services, Inc. to operate the Downtown
Roundabout Shuttle System to extend the agreement to Apri12011, contingent upon the
addition of a termination clause to allow a change to trolley-style vehicles.
D. GRANT FUNDING REQUEST/METROPOLITAN PLANNING
ORGANIZATION (MPOI/TRANSPORTATION ENHANCEMENT
PROJECT: Authorize staff to apply for grant funding in the amount of up to
$1,500,000.00 through the Metropolitan Planning Organization (MPO) for two (2)
Transportation Enhancement projects.
E. RESOLUTIONS NO. 24-10 AND NO. 25-10: FDOT MAINTENANCE
MEMORANDUM OF UNDERSTANDING - JOINT PARTICIPATION
AGREEMENTS/WEST ATLANTIC AVENUE LANDSCAPING PROJECT:
Approve Resolution 24-10 authorizing a Maintenance Memorandum of Understanding
with the Florida Department of Transportation and Resolution 25-10 approving Joint
Participation Agreements with the Florida Department of Transportation for the West
Atlantic Avenue Landscaping Project.
F. RESOLUTION NO. 18-10: Approve Resolution No. 18-10 assessing costs for
abatement action required to remove nuisances on nine (9) properties throughout the
City.
G. DISASTER RECOVERY INITIATIVE (DRII/HOUSING
REHABILITATION GRANT/CONTRACT AWARDS: Approve one (1)
Housing Rehabilitation grant award for the project located at 1332 Prospect Street to
Jemstone Construction Group, Inc., the lowest responsive bidder, in the amount of
$18,220.92 for housing rehabilitation under the Disaster Recovery Initiative (DRI)
Program. Funding is available from 118-1960-554-49.19 (Neighborhood Services/Other
Current Charges/Housing Rehabilitation).
H. RESOLUTION NO. 19-10/LOCAL HOUSING ASSISTANCE PLAN (LHAP~
FY 2010-2013: Approve Resolution No. 19-10, adopting the Local Housing Assistance
Plan (CHAP) for Fiscal Years 2010-2013.
I. PROFESSIONAL SERVICES VENDOR LIST/NEIGHBORHOOD
STABILIZATION PROGRAM (NSP Approve the list of vendors for Professional
Services required to carry out activities under the Neighborhood Stabilization Program
(NSP) contingent on the list being approved by the Florida Department of Community
Affairs; and authorize the City Manager to sign purchase agreements for the acquisition
of properties under the NSP initiative. Funding is available from 118-1935-554-34.90
(Neighborhood Services/Other Contractual Services).
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J. FIRST AMENDMENT TO THE CROSS EASEMENT
AGREEMENT/AUBURN TRACE LLC.,/SCHOOL BOARD OF PALM
BEACH COUNTY: Approve a First Amendment to the Cross Easement Agreement
with Auburn Trace, LLC., the School Board of Palm Beach County and the City to
confirm platted drainage rights into retention areas.
K. RESOLUTION NO. 22-10: ABANDONMENT OF SEWER EASEMENT FOR
STAKLER HOLDINGS, LLC./PUTT N' AROUND DELRAY BEACH:
Approve Resolution No. 22-10 abandoning a 10' sewer easement dedicated to the City
via an Easement Deed recorded in Official Records Book 921, Page 421 of the Public
Records of Palm Beach County, Florida for development of a proposed 36-hole
miniature golf course located on the west side of N.E. 5th Avenue, between 3rd and 4th
Streets (350 and 362 NE 5th Avenue).
1. ACCEPTANCE OF A WATER EASEMENT/STAKLER HOLDINGS
LLC/PUTT N' AROUND DELRAY BEACH: Approve and accept a
4' easement for an existing water main in conjunction with development of a
proposed 36-hole miniature golf course located on the west side of N.E. 5th
Avenue, between N.E. 3rd Street and N.E. 4th Street (350 and 362 N.E. 5th
Avenue).
L. SPECIAL EVENT REQUEST/AVDA 5K WALK/RUN: Approve a special event
request to endorse the 13th Annual Aid to Victims of Domestic Abuse, Inc. (AVDA)
5K Walk/Run to be held on Saturday, October 9, 2010 from 7:30 a.m. until
approximately 11:00 a.m., with set up at 5:00 a.m., to grant a temporary use permit per
LDR Section 2.4.6(F) for the use of Anchor Park and the City right-of--way along Ocean
Boulevard from Casuarina to George Bush Boulevard, to waive parking meter fees in
the Anchor Park and Sandoway lots from 5:00 a.m. to 11:00 a.m., and to authorize staff
assistance for providing traffic control, barricading, signage, trash clean up and removal,
City generator use, and set up and use of half of the small stage; contingent on the
sponsor providing the required liability insurance and hold harmless agreement.
M. SPECIAL EVENT REQUESTS/ART AND JAZZ ON THE AVENUE:
Approve special event requests to endorse Art and Jazz on the Avenue to be held on
May 6, 2010 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR
Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of
N.E./S.E. 7th Avenue, Railroad Avenue from Atlantic north to the north side of the
east/west alley, and to the alleys north and south of Atlantic on N.E./S.E. 1st Avenue,
N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, and N.E./S.E. 4th; to authorize staff support
for security, traffic control, banner hanging and removal, barricade set up and removal,
trash removal and clean up and EMS assistance.
N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
April 5, 2010 through April 16, 2010.
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O. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to CMS Imaging, Inc. in the amount of $81,510.00 for X-Ray
equipment and applicable shipping costs for the Employee Health and Wellness
Center. Funding is available from 551-1571-591-31.20 (Insurance Fund:
Professional Services/Medical).
2. Purchase award to DCR Engineering Services, Inc. in the amount of $50,000.00
for a Motorola ACE3600 Controller to upgrade the Fire Station Alerting
System. Funding is available from 334-2311-522-63.90 (General Construction
Fund: Other Improvements/Improvements Other).
3. Purchase award to Hall-Mark Fire Apparatus in the amount of $243,184.86 for
one (1) 2010 Navistar 4300LP Custom Rescue Transport Vehicle. Funding is
available from 501-3312-591-64.25 (Garage Fund:
Machinery/Equipment/Heavy Equipment).
9. REGULAR AGENDA:
A. DRUG TASK FORCE REQUEST FOR CITY WEBSITE LINK: Consider
approval of a request from the Delray Beach Drug Task Force to provide links to their
website on the City and Police Department web sites. (Motion to approve as recommended
by the City Attorney; Approved, 5-0)
B. CONSULTING SERVICE AUTHORIZATION/AECOM TECHNICAL
SERVICES, INC./VETERANS PARK: Consider approval of a Consulting Service
Authorization with AECOM Technical Services, Inc. in the amount of $43,500.00 for
preparing a Master Plan for Veterans Park. Funding is available from 334-4126-572-
31.90 (General Construction Fund/Professional Services/Other Professional Services).
(Motion to approve; Approved, 5-0)
C. AMENDMENT TO THE NOTE, MORTGAGE MODIFICATION AND
SUBORDINATION AGREEMENT/AUBURN TRACE, LTD.: Consider
approval of an Amendment to the Note, Mortgage Modification and Subordination
Agreement between the City and Auburn Trace, Ltd. (Motion to approve; Approved, 5-0)
D. RESOLUTION NO. 28-10: Consider approval of Resolution No. 28-10 opposing
proposed Amendment No. 4 (Hometown Democracy) to the Florida Constitution.
(Motion to approve; Approved, 5-0)
E. APPOINTMENT OF OUTSIDE COUNSEL/HOUSING AND URBAN
DEVELOPMENT (HUD) COMPLAINT: Consider approval of outside counsel;
Weiss, Serota, Helfman, Pastoria, Cole and Boniske, P.L.; to assist with the Housing
and Urban Development (HUD) complaint that has been filed against the City as well
as certain requests related to the City's reasonable accommodation ordinance. (Motion to
approve; Approved, 5-0)
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F. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1)
regular member to the Police Advisory Board to serve an unexpired term ending July
31, 2011. Based upon the rotation system, the appointment will be made by
Commissioner Fetzer (Seat #2). (Appointed Matthew Monahan and approved, 5-0)
10. PUBLIC HEARINGS:
A. WAIVER REQUEST/ACQUISITION OF REAL PROPERTY: Consider a
waiver of advertising and adoption of Resolutions as required by City Code Section
36.04, "Acquisition of Real Property", for purchase of multiple properties located
within the City's Neighborhood Stabilization Program (NSP) target area. (Motion to
approve; Approved, 5-0)
B. ORDINANCE NO. 08-10: Consider a city-initiated amendment to the Land
Development Regulations (LDR) Section 4.6.14, "Visibility at Intersections", Section
5.3.1, "Streets" (rights-of-way), Section 6.1.2, "Streets and Alleys", Section 6.1.3,
"Sidewalks", and Section 6.1.4, "Driveways and Points of Access", to update current
development standards to better reflect the City's efforts to encourage multiple modes
of transportation as well as providing a more reasonable and consistent application of
sight visibility. (Motion to approve; Approved, 5-0)
C. AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBGI ANNUAL ACTION PLAN (FY 2008-20091/SUB RECIPIENT
FUNDING AGREEMENT/ALOHA CLEANERS NUNZIA, INC.: Approve an
Amendment to the Community Development Block Grant (CDBG) FY 2008-2009
Annual Action Plan to reallocate $35,000.00 toward Economic Development Activities
located within the CDBG target area; and authorize execution of asub-recipient
funding agreement with the Aloha Cleaners Nunzia, Inc., under the CDBG program for
FY 2009-2010. Funding is available from 118-1966-554-83.01 (Neighborhood
Services/Other Grants and Aids). (Motion to approve; Approved, 5-0)
D. RESOLUTION NO. 26-10/REVISED CONTRACT FOR SALE AND
PURCHASE/WELLS FARGO FINANCIAL SYSTEM FLORIDA/3740
LANCEWOOD PLACE: Consider approval of Resolution No. 26-10 for a new sales
agreement between the City and Wells Fargo Financial System Florida for the property
located at 3740 Lancewood Place increasing the price from $135,000.00 to $140,000.00.
(Motion to approve; Approved, 5-0)
E. RESOLUTION NO. 17-10/CONTRACT FOR SALE AND
PURCHASE/SHARON CLECKLEY/ZEDER AVENUE: Consider approval of
Resolution No. 17-10 authorizing the City to purchase a vacant lot located at Southridge
Lot 20 Block 10 (Zeder Avenue), to be utilized for affordable housing purposes; and
approve a Contract for Sale and Purchase between the City and Sharon Cleckley in the
amount of $20,000.00. (Approved, 5-0)
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F. RESOLUTION NO. 16-10/CONTRACT FOR SALE AND
PURCHASE/DEUTSCHE BANK NATIONAL TRUST COMPANY/301 S.W.
8th STREET: Consider approval of Resolution No. 16-10 authorizing the City to
purchase a foreclosed property located at 301 S.W. 8th Street, to be utilized for
affordable housing purposes; and approve a Contract for Sale and Purchase between the
City and Deutsche Bank National Trust Company in the amount of $73,000.00.
(STAFF HAS REQUESTED THIS ITEM BE REMOVED AS THE
PROPERTYIS NO LONGER AVAILABLE) (Motion to remove this item from the
agenda; 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. NONE
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: APRIL 16, 2010
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