07-06-10 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, Tuly 6, 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 Item 8.K., Initiation of Comprehensive Plan
Amendment 2010-1, was moved to the Regular Agenda as Item 9.A.A; Item 8.Y.2., Contract award to
Brang Construction, Inc., was moved to the Regular Agenda as Item 9.A.A.A.; Item 8.Q., Amendment
to the School Readiness Child Care Service Agreement/Family Central, Inc., was moved to the Regular
Agenda as Item 9.A.A.A.A.; Item 8.T., Amendment No. 1 to the Interlocal Agreement; Community
Redevelopment Agency; Construction/Professional Services, was moved to the Regular Agenda as Item
9.A.A.A.A.A.; Item 8.C., Contract Closeout (Change Order No. 10)/West Construction, Inc., was
moved to the Regular Agenda as Item 9.A.A.A.A.A.A.;Appmved as amended, 5-0)
5. APPROVAL OF MINUTES:
A. June 8, 2010 -Special/Workshop Meeting (Approved, 5-0)
B. June 15, 2010 -Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. None
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. RESOLUTION NO. 34-10/LOCAL MITIGATION STRATEGY
PLAN: Approve Resolution No. 34-10, thereby adopting the 2009 revised Palm Beach
County Unified Local Mitigation Strategy Plan.
B. RESOLUTION NO. 38-10/FLORIDA FISH AND WILDLIFE
COMMISSION: Provide authorization for the City Manager to apply for a grant in
the amount of $102,500.00 with the Florida Fish and Wildlife Commission for funding
reconstruction of the Mangrove Park Boat Ramp.
C. (MOVED TO ITEM 9.A.A.A.A.A.A. ON THE REGULAR AGENDA)
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D. ACCOUNT NUMBER CORRECTION/SERVICE AUTHORIZATION NO.
07-16/MATHEWS CONSULTING INC.: AUBURN AVENUE
IMPROVEMENTS: Approve an account number correction for Service
Authorization No. 07-16 to Mathews Consulting, Inc. in the amount of $113,244.00
for design of Auburn Avenue Improvements. Funding is available from 334-3162-541-
68.65 (General Construction Fund: Other Improvement/Auburn Avenue
Improvement) and 448-5461-538-68.65 (Storm Water Utility Fund: Other
Improvement/Auburn Avenue Improvements).
E. SERVICE AUTHORIZATION NO. 07-04.2/KIMLEY-HORN AND
ASSOCIATES, INC.; CULTURAL LOOP/MARTIN LUTHER KING DRIVE
BIDDING AND CONSTRUCTION SERVICES: Approve Service Authorization
No. 07-04.2 in the amount of $11,800.00 with Kimley-Horn and Associates, Inc. for
the Landscape, Electrical and Construction Administration and Bidding Services of the
Cultural Loop/Martin Luther King Drive Project #2004-056. Funding is available from
334-4141-572-68.57 (General Construction Fund: Other Improvement/Cultural
Loop/MLK Drive Phase I).
F. RE ,VEST TO REDUCE VALET QUEUE/GAFFE LUNA ROSA: Approve
a request from Gaffe Luna Rosa to reduce the operating hours of its Valet Parking
Queue to start at 11:00 a.m. on weekdays, 10:00 a.m. on Saturdays and 9:00 a.m. on
Sundays.
G. ABANDONMENT OF AN UTIILITY EASEMENT AND A DRAINAGE
EASEMENT: DELAIRE COUNTRY CLUB: Approve abandonment of an
existing 10' x 345' utility easement, and a 12' x 297' drainage easement in conjunction
with renovations to the Delaire Country Club's club house located at 4645 White Cedar
Lane.
H. ACCEPTANCE OF A DRAINAGE EASEMENT DEED/DELAIRE
COUNTRY CLUB: Approve acceptance of a 12' x 297' replacement drainage
easement in conjunction with the renovations to the Delaire Country Club's club house
located at 4645 White Cedar Lane.
I. INITIATION OF ANNEXATION/THE MARKETPLACE OF DELRAY:
Approve the initiation of annexation via the provisions of the executed water service
agreement and consent to annexation, with initial zoning of PC (Planned Commercial)
for The Marketplace of Delray, located at the northwest corner of Military Trail and
West Atlantic Avenue.
J. INITIATION OF ANNEXATION/LOTS 5 - 7, BREEZY ACRES: Approve
initiation of the annexation via the provisions of executed water service agreements and
consent to annexation, with initial zoning of R-1-AAA (Single Family Residential) of
Lots 5-7, Breezy Acres, located on the east side of Markland Lane, 491 feet south of
West Atlantic Avenue.
K. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDAI
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L. ACCEPTANCE OF A RIGHT-OF-WAY DEED/METS MANAGEMENT OF
PALM BEACH, INC.: Approve acceptance of a 2' right-of--way deed with Mets
Management of Palm Beach, Inc., associated with the Cafe Mola located on the east side
of N.E. 2nd Avenue, at 165 N.E. 2nd Avenue.
M. REVISION TO THE NEIGHBORHOOD STABILATION PROGRAM (NSP
PLAN/FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS: Approve a
Revision to the Neighborhood Stabilization Program Plan to reallocate budgeted funds
to assist with the obligation of program dollars at the request of Florida Department of
Community Affairs; and approve a revision to the NSP Housing Assistance Plan
Chapter III Subsection 2.11, "Change Orders".
N. GRANT APPLICATION /FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS/NEIGHBORHOOD STABILIZATION PROGRAM (NSP
Authorize staff to submit a grant application through the Florida Department of
Community Affairs for additional funding for the Neighborhood Stabilization Program
(NSP) to purchase foreclosed or abandoned homes for rehabilitation, resale and
redevelopment.
O. RESOLUTION NO. 35-10/AMENDMENT TO LOCAL HOUSING
ASSISTANCE PLAN (LHAP~ Approve and adopt Resolution No. 35-10, an
amendment to City's State Housing Initiatives Partnership (SHIP) Program, Local
Housing Assistance Plan (CHAP) for Fiscal Years 2010-2013.
P. MULTIPLE BID AWARDS/NEIGHBORHOOD STABILIZATION
PROGRAM (NSPI/RENTAL AND HOMEBUYER DISPOSITION
SERVICES PROVIDER~I PER RFP 12-20NS: Approve multiple bid awards for
Rental and Homebuyer Disposition Services for the Neighborhood Stabilization
Program with regard to RFQ 12-2010NS 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).
Q. (MOVED TO ITEM 9.A.A.A.A. ON THE REGULAR AGENDAI
R. AMENDMENT TO THE CONTINUE-TO-CARE AFTERSCHOOL
SERVICE AGREEMENT/FAMILY CENTRAL, INC.: Approve an Amendment
to the Continue-to-Care Afterschool Service Agreement between Family Central Inc.,
and the City of Delray Beach to remove Pine Grove Elementary School as a subsidized
location.
AMENDMENT NO. 2 TO THE AGREEMENT/MAE VOLEN SENIOR
CENTER, INC.: Approve Amendment No. 2 to the Agreement with Mae Volen
Senior Center, Inc. to extend the contract term for operation of the Alzheimer's Day
Care facility for an additional three (3) years.
T. (MOVED TO ITEM 9.A.A.A.A.A. ON THE REGULAR AGENDAI
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U. INTERLOCAL AGREEMENT: CITY OF BOCA RATON/CITY OF
BOYNTON BEACH /CITY OF DELRAY BEACH: Approve an Interlocal
Agreement between the City of Boca Raton, City of Boynton Beach and the City of
Delray Beach to allow the parties to pre-screen their DNA sample evidence in a shared
Biology Processing Lab (BPL).
V. AGREEMENT: COMMAND SECURITY CORPORATION: Approve an
agreement with Command Security Corporation to provide complete administration for
all the non-City sponsored Police off-duty details and receive a portion of the payment
for the details from the outside vendors.
W. SPECIAL EVENT REQUEST/SPADY LIVING HERITAGE DAY: Approve a
special event request to endorse the 5`'' Annual Spady Heritage Day to be held
on August 21, 2010 from noon to 10:00 p.m., to grant a temporary use permit per LDR
Section 2.4.6(F) for the closure of N.W. 5`'' Avenue from Atlantic Avenue to N.W. 1S`
Street and S.W. 5`'' Avenue from Atlantic Avenue to S.W. 1S` Street; to authorize staff
support for security, clean up, barricading, City generator use, set up and use of the
large mobile stage, and event signage and banners; contingent upon the receipt of a
Certificate of Liability Insurance and a hold harmless agreement ten (10) days prior to
the event.
X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
June 14, 2010 through July 2, 2010.
Y. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Brang Construction, Inc. in the amount of $79,960.00 for
construction of phase II improvements to the Fire Apparatus Repair Bay
Facility. Funding is available from 501-3312-591-62.10 (Garage Fund: Capital
Outlay -Building/Building).
2. (MOVED TO ITEM 9.A.A.A. ON THE REGULAR AGENDA
3. Contract award to Rosso Paving & Drainage, Inc. in the amount of $66,397.40
for the construction of new sidewalks along S.W. 7~' Street and S.W. 10`'' Street.
Funding is available from 118-1965-554-63.f11 (Neighborhood Services:
Improvements-Other/Bikepaths/Sidewalks).
4. Bid award to Rosso Paving & Drainage, Inc. in the amount of $58,996.00 for
the construction of Dixie US-1 Connector (N.E. 22"d Lane). Funding is
available from 334-3162-541-63.83 (General Construction Fund: Improvements
Other than Buildings/Dixie Highway - US 1 Connector).
5. Purchase award to East Coast Underwater Repair, Inc. in the amount of
$26,560.00 for the installation of five (5) additional Tideflex Check Valves.
Funding is available from 448-5416-538-46.90 (Storm Water Utility Fund:
Repair and Maintenance Service/Other Repair/Maintenance Cost).
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6. Purchase award to Pat's Pump & Blower in the amount of $179,250.00 for a
2010 Allianz Johnston RT655 Street Sweeper. Funding is available from 448-
5461-538-64.20 (Storm Water Utility Fund: Machinery /Equipment/Heavy
Equipment).
9. REGULAR AGENDA:
AA. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2010-1:
Formally initiate Comprehensive Plan Amendment 2010-1 pursuant to Section 9.2.1 of
the Land Development Regulations. (Commissioner Eliopoulos filed a Conflict of Interest
and left the dais. Motion to approve; Approved 4-0)
AAA. Contract award to Brang Construction, Inc. in the amount of $9,488.79 for completion
of required modifications to the proposed X-ray room for the City's Health & Wellness
Center. Funding is available from 551-1577-591-46.10 (Insurance Fund: Repair and
Maintenance Services/Building Maintenance). (Approved, 5-0)
AAAA. AMENDMENT TO THE SCHOOL READINESS CHILD CARE SERVICE
AGREEMENT/FAMILY CENTRAL, INC.: Approve an Amendment to the
School Readiness Child Care Service Agreement between the City and Family Central,
Inc., to remove Pine Grove Elementary School as a subsidized location. (Approved, 5-0)
AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT:
COMMUNITY REDEVELOPMENT AGENCY;
CONSTRUCTION/PROFESSIONAL SERVICES: Approve Amendment No. 1
to the Interlocal Agreement between the City and the Community Redevelopment
Agency (CRA) for funding construction/professional services for certain projects as
listed on Exhibit "A" attached to the Agreement for FY 2009/2010. (Approved, 5-0)
CONTRACT CLOSEOUT (CHANGE ORDER NO. 101/WEST
CONSTRUCTION, INC.: Approve a Contract Closeout (C.O. No. 10) in the
amount of a $14,767.04 decrease and final payment in the amount of $176,510.20 to
West Construction, Inc. for completion of the Miller Park Improvements. Funding is
available from 334-4173-572-63.90 (General Construction Fund: Improvements
Other/Other Improvements). (Approved, 5-0)
A. CONDITIONAL USE REQUEST/CVS STORE: Consider a conditional use
request to establish a 24 hour late night business for CVS Store, located at 700 N.E. 6`''
Avenue. (Quasi Judicial Hearing) (Motion to TABLE until a date certain of July 20, 2010
City Commission Meeting. Approved, 4-1; Commissioner Fetzer dissenting)
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B. WAIVER REQUESTS/TEMPORARY USE PERMIT/DELAIRE COUNTRY
CLUB: Consider a request for a temporary use permit and two (2) waiver requests to
allow the use of a structural tent to house the dining facilities at Delaire Country Club
for a period not to exceed 18 months, and to allow the increase in the maximum size of
the temporary structure from 10' x 12' to 82' x 66' for clubhouse renovations associated
with Delaire Country Club located at 4645 White Cedar Lane. (Quasi Judicial
Hearing) (Motion to adopt the board order as presented; Approved, 5-0)
C. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint four (4)
regular members to the Financial Review Board to serve two (2) year terms ending July
31, 2012. Based on the rotation system, the appointments will be made by
Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray
(Seat #4) and Mayor McDuffie (Seat #5). (Appointed Rosalie Blood and approved, 5-0;
appointed Howard Ellingsworth and approved, 5-0. Commissioner Frankel's and Commissioner
Gray's appointments were DEFERRED to the July 20, 2010 Regular Commission Meeting)
D. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY:
Appoint one (1) regular member to the Community Redevelopment Agency (CRA) to
serve a four (4) year term ending July 1, 2014. Based upon the rotation system, the
appointment will be made by Commissioner Fetzer (Seat #2). (Appointed Howard Lewis
and approved, 5-0)
E. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY:
Appoint one (1) regular member to the Downtown Development Authority (DDA) to
serve a three (3) year term ending July 1, 2013. Based upon the rotation system, the
appointment will be made by Commissioner Frankel (Seat #3). (Appointed Seabron Smith
and approved, 5-0)
F. APPOINTMENTS TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint three (3) regular members to the Delray Beach Housing Authority for a four
(4) year term ending July 14, 2014. Based upon the rotation system, the appointments
recommendations will be made by Mayor McDuffie (Seat #5), Commissioner
Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2). (Appointed Choli Aronson and
approved, 5-0; appointed Sylvia Morris and approved, 5-0; appointed Shelly Weil and approved,
5-0)
G. APPOINTMENTS TO THE CIVIL SERVICE BOARD: Appoint two (2) regular
members and one (1) alternate member to the Civil Service Board for a two (2) year
term ending July 31, 2012. Based upon the rotation system, the appointments will be
made by Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3) and
Commissioner Gray (Seat #4). (Appointed Carol Anderson and approved, 5-0; appointed
Carol Clark and approved, 5-0; appointed Sidney Grossman and approved, 5-0)
H. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one
(1) alternate member to the Nuisance Abatement Board for an unexpired term ending
July 31, 2011. Based upon the rotation system, the appointment will be made by
Commissioner Eliopoulos (Seat #1). (Appointed Barry Tunick and approved, 5-0)
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I. APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS
COMMISSION: Appoint one (1) alternate member to the Public Employees
Relations Commission for a four (4) year term ending June 30, 2014. Based upon the
rotation system, the appointment will be made by Commissioner Fetzer (Seat #2).
(Appointed Jeffrey Ruthizer and approved, 5-0)
10. PUBLIC HEARINGS:
A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBGI ANNUAL
ACTION PLAN (FY 2010 - 2011 Consider approval of the Community
Development Block Grant (CDBG) Annual Action Plan required by the United States
Housing & Urban Development Department (HUD) for utilization of federal grant
funds. (Staff has requested the item be postponed until the August 3, 2010 City
Commission Meeting) (Motion to POSTPONE; Approved, 5-0)
B. ORDINANCE NO. 09-10 (FIRST READING/FIRST PUBLIC HEARING
City initiated amendments to the Land Development Regulations (LDR), to clarify the
"medical office" use by adding this use to multiple zoning districts by amending Article
4.4, "Base Zoning District", Section 4.4.9, "General Commercial District", Subsection
(B), "Principal Uses and Structures Permitted"; Section 4.4.13, "Central Business
District", Subsection (B), "Principal Uses and Structures Permitted"; Section 4.4.15,
"Planned Office Center District", Subsection (B), "Principal Uses and Structures
Permitted"; Section 4.4.16, "Professional and Office District", Subsection (B),
"Principal Uses and Structures Permitted"; Section 4.4.17, "Residential Office District",
Subsections (B), "Principal Uses and Structures Permitted", and (G), "Supplemental
District Regulations"; amending Appendix "A", "Definitions", to enact revised or new
definitions for "Medical Clinics", "Medical Laboratory", and "Professional Offices". If
passed, a second public hearing will be held on July 20, 2010. (Approved, 5-0)
C. ORDINANCE NO. 11-10 (FIRST READING/FIRST PUBLIC HEARING
Consider a city initiated amendment to the Land Development Regulations (LDR),
Article 4.3, "District Regulations, General Provisions", Section 4.3.3, "Special
Requirements for Specific Uses", Subsection (~, "Guest Cottage", and Subsection (~,
"Bed and Breakfast Inns", to clarify and amend bed and breakfast inn use requirements;
amending Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density
Residential (RM) District", Subsection (D), "Conditional Uses and Structures Allowed",
to add bed and breakfast inn as a conditional use; amending Section 4.4.13, "Central
Business (CBD) District", Subsection (B), "Principal Uses and Structures Permitted",
and Subsection (D), "Conditional Uses and Structures Allowed"; Section 4.4.17,
"Residential Office (RO) District", Subsection (D), "Conditional Uses and Structures
Allowed"; and Section 4.4.24, "Old School Square Historic Arts District", Subsection
(B), "Principal Uses and Structures", to clarify bed and breakfast inn uses; amending
Appendix "A", "Definitions", to enact revised definitions for "Bed and Breakfast Inn",
and "Guest Cottage". If passed, a second public hearing will be held on July 20, 2010.
(Approved, 5-0)
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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. 12-10: Consider a city initiated amendment to Appendix "A",
"Definitions" of the Land Development Regulations (LDR) to revise the definition of
"Pharmacy. If passed, a public hearing will be held on July 20, 2010. (Approved, 5-0)
B. ORDINANCE NO. 15-10: Consider a city initiated amendment to the Land
Development Regulations (LDR) Section 6.1.10, "Water System", to eliminate a fire
protection provision that conflicts with the Florida Fire Prevention Code. If passed, a
public hearing will be held on July 20, 2010. (Approved, 5-0)
C. ORDINANCE NO. 16-10: Consider approval of an historic designation and
individual listing on the Local Register of Historic Places for The Harvel House, to be
located at 186 N.W. 5~' Avenue. If passed, a public hearing will be scheduled on July 20,
2010. (Approved, 5-0)
D. ORDINANCE NO. 21-10: Consider an amendment to Chapter 32 "Departments,
Boards and Commissions", by amending Section 32.66, "Meetings", to provide for
quarterly meetings of the Police Advisory Board. If passed, a public hearing will be held
on July 20, 2010. (Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JULY 2, 2010
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