06-15-10 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, Tune 15, 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. (Commissioner Eliopoulos absent)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
A. May 25, 2010 -Regular Meeting (Approved, 4-0)
B. June 1, 2010 -Regular Meeting (Approved, 4-0)
6. PROCLAMATIONS:
A. Recognizing Juneteenth -June 19, 2010
B. Recognizing and commending John J. Walker
C. National Clean Beaches Week -July 1-7, 2010
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 4-0)
A. RE ,VEST FOR SIDEWALK DEFERRAL/201 VENETIAN DRIVE: Approve
a request to defer the installation of a sidewalk along Venetian Drive for the property
located at 201 Venetian Drive.
B. ACCEPTANCE OF RIGHT-OF-WAY DEED/95 S.W. 5TH AVENUE:
Approve and accept aright-of--way deed at 95 S.W. 5th Avenue.
C. SERVICE AUTHORIZATION NO. 07-04.1/KIMLEY-HORN AND
ASSOCIATES, INC./MARTIN LUTHER KING DRIVE BEAUTIFICATION
PROJECT: Approve Service Authorization No. 07-04.1 in the amount of $56,400.00
with Kimley-Horn and Associates, Inc. for professional services in designing a
reclaimed water transmission and distribution system for the Martin Luther King Drive
Beautification Project. Funding is available from 441-5181-536-65.96 (Water and Sewer
Fund/Other Improvements/Reclaim Water Transmission).
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D. SERVICE AUTHORIZATION NO. 07-16/MATHEWS CONSULTING,
INC./AUBURN AVENUE IMPROVEMENTS: Approve Service Authorization
No. 07-16 in the amount of $113,244.00 with Mathews Consulting, Inc. for the design
of Auburn Avenue Improvements. Funding is available from 448-5461-538-68.65
(Storm Water Utility Fund: Other Improvement/Auburn Avenue Improvement) and
448-5461-538-99.01 (Storm Water Utility Fund: Other Non-Operating /Project
Preserve).
E. PROPERTY DAMAGE SETTLEMENT AND RELEASE FORM/CUSTARD
INSURANCE ADJUSTERS: Authorize the City Manager to sign a Property Damage
Settlement and Release Form from Custard Insurance Adjusters.
F. RESOLUTION NO. 32-10: ABANDONMENT OF UTILITY EASEMENT:
Approve Resolution No. 32-10 abandoning a 10' X 51.3' wide general utility easement
for the property located in the front of the Grove Car Wash site at 2210 North Federal
Highway.
G. PROPOSED EXPANSION OF THE PINEAPPLE GROVE MAIN STREET
NEIGHBORHOOD PLAN: Consider approval to add a proposed expansion area
to the Pineapple Grove Main Street Neighborhood Plan.
H. AFTERSCHOOL PROGRAM SERVICE AGREEMENT/FAMILY
CENTRAL, INC.: Approve an Afterschool Program Service Agreement between the
City and Family Central, Inc., to continue reimbursable funding through the Continue
to Care-Afterschool Scholarship program for the Afterschool Program located at
Pompey Park and the Community Center.
I. SCHOOL READINESS CHILD CARE SERVICE AGREEMENT/FAMILY
CENTRAL, INC.: Approve a School Readiness Child Care Service Agreement
between the City and Family Central, Inc., to provide subsidized child care funding for
the Afterschool Program.
J. GRANT APPLICATION: FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOTI /COMPRESSED NATURAL GAS
TROLLEYS: Authorize staff to submit a grant application through the Florida
Department of Transportation for the purchase of Trolley Style vehicles and the
construction of a CNG (Compressed Natural Gas) fueling station in accordance with
the Federal Government's State of Good Repair Bus and Bus Facilities Initiative.
K. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve one
(1) Housing Rehabilitation Grant contract award through the Community Development
Division in the amount of $25,036.20 to Gadsden Property Investment, Inc., the lowest
responsive bidder, for the property located at 607 S.W. 6th Street. Funding is available
from 118-1960-554-49.19 (Neighborhood Services: Other Current Charges-Housing
Rehabilitation).
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L. HOME INSPECTION PROFESSIONAL SERVICES VENDOR:
NEIGHBORHOOD STABILIZATION PROGRAM (NSP~ Approve the vendor
for Home Inspection 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. Funding is available from 118-1935-
554-34.90 (Neighborhood Services/Other Contractual Services).
M. GRANT APPLICATION /EDWARD BYRNE MEMORIAL TUSTICE
ASSISTANCE GRANT (JAGS Authorize staff to submit an application for funding
in the amount of $66,560.00 through the U.S. Department of Justice Edward Byrne
Memorial Justice Assistance Grant (JAG) program which will support the Holiday
Robbery Task Force, which reduces crime during the Holiday season.
N. LETTER OF SUPPORT/JUSTICE ASSISTANCE GRANT (JAGI FUND:
Authorize the Mayor to sign a letter in support of funding allocations for Countywide
Justice Assistance Grant funds (JAG) for FY 2010.
O. 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
June 24, 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, with payment of costs to the City per
the agreement between the City and the Downtown Marketing Cooperative.
P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
June 1, 2010 through June 11, 2010.
Q. AWARD OF BIDS AND CONTRACTS:
Bid award in the estimated annual amount of $22,300.00 to Farmer & Irwin
Corporation, the lowest responsive bidder for the annual contract for plumbing
services and repairs for City buildings. Funding is available from various
departments' operating budgets.
2. Contract award to Budget Gate Systems in the amount of $22,406.00 for
fencing the north perimeter of the Environmental Services Department
Compound. 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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3. Purchase award to Dell Computer Corporation in the amount of $285,482.32
for eight (8) servers, VMware license and related equipment to
provide redundant server systems for the SunGard Public Safety Software per
State of Florida Contract #250-000-09-1. Funding is available is from 334-2111-
521-64.11 (General Construction Fund: Machinery/Equipment/Computer
Equipment).
9. REGULAR AGENDA:
A. RE ,VEST FOR IN-LIEU PARKING SPACES/LEMONGRASS
RESTAURANT: Consider a request from Lemongrass Restaurant for the purchase of
three (3) in-lieu parking spaces in the amount of $46,800.00. Lemongrass Restaurant is
located at 420 East Atlantic Avenue. (Quasi Judicial Hearing) (Motion to adopt board
order as presented; Approved, 4-0)
B. MODIFICATION OF A TEMPORARY USE PERMIT/VILLAGE ARTS
MART: Consider approval for a modification of the temporary use permit for an Arts
Mart at 113 & 115 N.E. 4th Avenue. (Quasi Judicial Hearing) (Motion to approve
with condition as listed in #B and #B.1 on the agenda memo; Approved, 4-0)
C. LICENSE AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY
fCRA~ Consider approval of a License Agreement with the Community
Redevelopment Agency for the rental of office space in City Hall. (Motion to approve the
License Agreement as amended. Approved, 4-0)
D. SETTLEMENT OFFER: BOWLING GREEN, INC. OF PENSACOLA v.
CITY OF DELRAY BEACH: Consider an Offer from Bowling Green, Inc. of
Pensacola to settle their complaint filed with the Department of Housing and Urban
Development against the City of Delray Beach. (Motion to deny settlement offer; Denied,
4-0)
E. CONTRACT AWARD/SUNGARD PUBLIC SECTOR, INC.: Consider approval
of a contract award to SunGard Public Sector, Inc. for a Public Safety Software System
(RFP No. 2010-05) and approval to pre-pay the SunGard HTE maintenance payment
for the period of 10/1/2010 to 9/30/2011. (Approved, 4-0)
F. QUESTIONNAIRE FOR ADVISORY BOARD APPLICANTS: Provide
direction regarding a questionnaire for prospective advisory board members. (Motion to
approve questionnaire and include the questionnaire as part of Advisory Board application
package. Approved, 4-0)
G. DESIGNATION OF VOTING DELEGATE: Designate the City's voting delegate
to the Florida League of Cities' 84th Annual Conference to be held at Westin Diplomat
Resort in Hollywood, Florida on August 19-21, 2010. (Motion to designate Commissioner
Frankel as voting delegate; Approved, 4-0)
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H. RESOLUTION NO. 33-10/MID YEAR BUDGET AMENDMENT: Consider
approval of Resolution No. 33-10 amending Resolution No. 49-09 adopted September
22, 2009 and Resolution No. 56-09 adopted October 20, 2009, which made
appropriations of sums of money for all necessary expenditures of the City of Delray
Beach for the FY 2009/2010, by setting forth the anticipated revenues and expenditures
for the operating funds of the City for FY 2009/2010. (ADDENDUM) (Approved, 4-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 10-10 (SECOND READING/SECOND PUBLIC
HEARINGI: Providing for the acceptance of the resurvey report of the Old School
Square Historic District including extending the Period of Significance to 1965 and
reclassifying 13 properties from non-contributing to contributing. (Approved, 4-0)
B. ORDINANCE NO. 13-10: Consider a city initiated amendment to the Land
Development Regulations (CDR) Section 4.3.3, "Special Requirements for Specific
Uses", by amending Subsection (CELL), "Medical Offices", to provide for clarification
regarding the applicability of certain State Statutes. (Approved, 4-0)
C. ORDINANCE NO. 14-10: Consider approval of Ordinance No. 14-10 amending
Section 110.15, "Local Business Tax Schedule", of the City Code of Ordinances in
order to provide for an increase in rates. (Approved, 4-0)
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: JUNE 11, 2010
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