07-20-10 Agenda Results Regular MeetingCity of Delray Beach
Regular Commission Meeting
***nc~E.N~~ EzL~~ll~~rs***
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
Tuesday1Tuly 20, 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 Ciiy 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.
.~dapti~-c listening devices are available for meetings in the Commission
Chambers.
ROLL CALL. (iUav<~r McDuffic absent}
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (,\pproved, 4-0
5. APPROVAL OF MINUTES:
A. July 6, 2010 -Regular Meeting (:\pproved, 4-0)
6. PROCLAMATIONS:
A. City of Tennis Beach Week -July 19-26, 2010 (ADDENDUM)
PRESENTATIONS:
A. Presentation by Student Ambassadors: Chelsea Brandt, Sofia Ellingsworth, Matthew
Feldman, Matthew Kondziela, Jacqueline Lowell, Danielle Trubow and Robert Weil
B. S.P.LR.L"I'. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork)
Committee Quarterly Awards Presentation)
8. CONSENT AGENDA: City Manager Recommends Approval. (1~~proved as amended, 4-0)
A. ACCEPTANCE OF SIDEWALK EASEMENT DEED AND
SIDEWALK DEFERRAL /1110 HARBOR DRIVE: Approve and accept a 5' foot
sidewalk easement deed and deferral agreement regarding installation of a sidewalk for
the property located at 1110 Harbor Drive.
B. ACCEPTANCE OF SIDEWALK EASEMENT/ SIDEWALK DEFERRAL/
DRAINAGE EASEMENT AND HOLD HARMLESS AGREEMENT/ 1102
NORTH VISTA DEL MAR DRIVE: Approve and accept a 5' drainage easement,
5' sidewalk easement, sidewalk deferral agreement, and hold harmless agreement for
improvements placed within a utility easement for the property located at 1102 North
Vista Del Mar Drive.
C. AMENDMENT NO 1 TO THE SERVICE AUTHORIZATION/COASTAL
PLANNING & ENGINEERING, INC./BEACH RENOURISHMENT
PROJECT: Approve Amendment 1 to the Service Authorization to modify the scope
of work for Task 3 for preliminary engineering and technical enguieering tasks for the
Beach Renourishment project.
07/20/2010
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D. CONTRACT CLOSEOUT CHANGE ORDER NO. 1/FINALI/JOHNSON
DAVIS~INC.: Approve a Contract Closeout (C.O. No. 1 /Final) in the amount of a
$34,851.56 decrease and final payment in the amount of $19,366.17 to Johnson Davis,
Inc. for completion of the Phase 1 Osceola Park Improvements Project #2004-003.
Funding is available from 442-5178-53G-65.85 (Water/Sewer Renewal & Replacement
Fund/Other Improvements/Osceola Park).
E. AMENDMENT TO INTERLOCAL AGREEMENT; PALM BEACH
COUNTY MIRACLE LEAGUE FUNDING: Approve an amendment to the
interlocal agreement between the City and Palm Beach County for funding for the
Miracle League Field at Robert P. Miller Park to include the Miracle League Concession
Building.
F. DONATION/BETHESDA MEMORIAL HOSPITAL: Approve and accept a
donation from Bethesda Memorial Hospital (BMH) in the amount of $9,500.00 for the
purchase of equipment to implement Bluetooth Technology and Telemetry for wireless
electrocardiogram transmission during patient transports to their facility.
G. FLORIDA HIGHWAY PRODUCTS, INC./2010 STREET RESURFACING
PROJECT: Approve execution of a contract with the Florida Highway Products,
Inc. in the amount of $258,421.52 for micro-surface paving of City streets contingent
upon the City receiving payment and performance bonds and a certificate of insurance
from Florida Highway Products, Inc. Funding is available from 334-3162-541-61.17
(General Construction Fund/Capital Outlay/Street Reconstruction); 442-5178-536-
63.51 (Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission); and
118-1965-554-61.91 (Neighborhood Services/Capital Outlay/Infrastructure).
H. SPECIAL EVENT REQUEST/SUMMER NIGHTS ON THE AVENUE:
Approve a special event request for the Summer Nights on the Avenue to be held from
7:00 p.m. to 10:00 p.m. on august 27, 2010; granting a temporary use permit per LDR
Section 2.4.6(F) for the closure of Atlantic Avenue from N.E./S.E. 5`h Avenue to
N.E./S.E. 6`h Avenue; and authorize staff support for security and traffic control and
barricading.
SPECIAL EVENT REQUESTS/ART AND IAZZ ON THE AVENUE:
Approve special event request to endorse Art and Jazz on the Avenue to be held on
August 19, 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 Avenue; 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.
07/20/2010
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REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
July 6, 2010 through July 16, 2010.
K. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Gruber Hall, Inc. in the amount of $40,103.00 for provision
of all labor, equipment and materials for retrofitting/replacing three (3) existing
doors at the Old School Square (OSS) Crest Theater and Gymnasium buildings
for hurricane protection. Funding is available from 334-4151-572-46.08
(General Construction Fund: Repair & Maintenance Services/OSS Window
Replacement).
2. Purchase award to Municipal Equipment Company, LLC in the amount of
$56,378.40 for twenty-six (26) sets of Firefighting Personnel Protective
Equipment (bunker gear). Funding is available from 001-2315-526-52.22
(General Fund: Operating Supplies/Uniforms/Linen Service).
3. Purchase award to Pantropic Power, Inc. in the amount of $108,470.00
for purchase of a 600kw emergency standby generator for the Water Treatment
Plant's South Pump Station. Funding is available from 442-5178-536-64.90
(Water and Sewer Renewal and Replacement Fund/ Other Machinery and
Equipment).
4. Purchase Award to Martin Fence Company in the amount of $19,218.42 for
perimeter fencing at Hilltopper Stadium. Funding is available from account
334-4151-572-46.90 (Other Repair/Maintenance Costs).
9. REGULAR AGENDA:
A. CONDITIONAL USE REOUEST/CVS STORE: Consider a conditional use
request to establish a 24 hour late night business for the CVS Store located at 700 N.E.
6`h Avenue. (Quasi Judicial Hearing) ~\(c,tiun t~~ a~lriE~t ~hc h~r,ird ~~r~lcr as ~~rrscntc~l;
.\~~~~r~wc~l, I ~~)
B. AMENDMENT TO AGREEMENT/PALM BEACH COUNTY; DISASTER
RECOVERY INITIATIVE PHASE II: Approve an Agreement between the City
and Palm Beach County for $800,000 for implementation of the Housing Rehabilitation
Program funded under the Disaster Recovery Initiative (DRI) Phase II. ~I~,u~~~, i~~
C. HOUSING REHABILITATION GRANTS/NEIGHBORHOOD
STABILIZATION PROGRAM: Consider approval of five (5) Neighborhood
Stabilization Program (NSP) Housing Rehabilitation Grants in the amount of
$252,734.98 to be awarded to selected general contractors for acquired NSP properties.
(~1<~ti~m t~> ,i~~pruvc; :AJ~~~ruvcci, -4-I1~
07/20/2010
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D. POLICE DEPARTMENT WORKLOAD, STAFFING AND DEPLOYMENT
STUDY PROPOSAL: Consider a proposal from ICMA Consulting Services for a
workload, staffing and deployment study for the Police Department. i ~ l„i i~ ,n i ~ , ;~~,~,r„~ ~~:
\~,E,n,~~c~l, -~-i~`~
E. SUBLEASE AGREEMENT: COMMUNITY REDEVELOPMENT AGENCY
AND PUPPETRY ARTS CENTER: Consider approval of a Sub-Lease Agreement
between the Community Redevelopment Agency and the Puppetry Arts Center of the
Palm Beaches to sublease approximately 5,000 square feet on the 1" floor of the Old
School Square Parking Garage for 2 years beginning October 1, 2010. (~1~,iion ~„
appru~~r; _A~~~~ro~~ctl, -4-I1`
APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint two (2)
regular members to the Financial Review Board to serve two (2) year terms ending July
31, 2012 and one (1) alternate member to serve an unexpired term ending July 31, 2011.
Based on the rotation system, the appointments will be made by Commissioner Frankel
(Seat #3), Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5). (,1j,pointed
Luisc 1'iane and appr~,ved, -1-I1; and appointed llarbara 'Trevino and approved, -4-U. Mayor
1~lclhiltic's appointment deferred to :August 3, 2010.)
G. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint six (6)
regular members and one (1) student member to the Police Advisory Board to serve
two (2) year terms ending on 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), Commissioner Eliopoulos (Seat #1),
Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3) and Commissioner
Gray (Seat #4). (.Appointed liri;in Smith and apprcrvcd, -F-U; appointed I?Ilcn I~lajur f lanna ;uul
appro~~cd, .~-~~; aj~pointed Carl jv>rrest and approved, ~-0; appointed Jett Ritter and approved, 4-
0; appointed Victor Kirson and approved, 4-(I; and appointed L:dith Thompson and approved,
~-0. Mayor MclluEfte's appointment deferred to August 3, 2010.)
H. APPOINTMENTS TO THE EDUCATION BOARD: Appoint five (5) regular
members to the Education Board to serve two year terms ending July 31, 2012 and one
(1) student member to serve a one (1) year term ending July 31, 2011. 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 lh~l>r.~ I~aiscr and approvc~l, -4-~1; apps>intcd hrnncth /cno and appr~_wccl, -1-I~;
appointed Sandra \~~eatherspoon and approved, =F-0; appointed llcrline Pierre-Louis and
approved, 4-0; and appointed Luke F,liopoulos as student member and approved, 4-0. Mayor
McDuffie's appointment deferred to ;lugust 3, 2010.)
07/20/2010
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APPOINTMENTS TO THE GREEN IMPLEMENTATION
ADVANCEMENT BOARD: Appoint four (4) regular members to the Green
Implementation Advancement Board to serve two (2) year terms ending on July 31,
2012. Based upon the rotation system, the appointments will be made by
Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner
Frankel (Seat #3) and Commissioner Gray (Seat #4). (;Appointed Laura Reines and
appn,~ cal, -1 ~~: ;,pp~nn~ecl .Ana 1)e.Alel~, and a}~pr„~ eci, -4-u; appointed Rita Johnson and
approved, 4-0; and appointed Bayne King and approved, 4-0.)
J. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD: Appoint
three (3) regular members to the Public Art Advisory Board to sen~e two (2) year terms
ending July 31, 2012 and one (1) regular member to serve an unexpired term ending July
31, 2011. Based upon the rotation system, the appointments will be made by
Commissioner F..liopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner
Frankel (Seat #3) and Commissioner Gray (Seat # 4). (:\ppointecl l )ana I)„naty and
appr„~~c~l, -1-U; app~,inic~i Itirh ~IcGI„in and appn,~ cd, -F-U; appointed Sandi [~ranciosa and
approved, ~-l ); and appointed Michiko Kurisu and approved, ~1-0.)
It. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) regular member from Zone 1 to the Neighborhood Advisory
Council to serve a three (3) year term ending July 31, 2013 and appoint one (1) student
member to serve a one (1) year term ending July 31, 2011. Based upon the rotation
system, the appointment will be made by Commissioner Eliopoulos (Seat #1) and
Commissioner Fetzer (Seat #2). (:\ppoinicd f larrict I~IeIVcr an,i approved, 4-1 ).
(;onunissirnur I~cixcr's appointment dcti•rred to August 3, 2010.)
L. RECONSIDERATION/WAIVER OF RENTAL FEES REOUEST/ROOTS
CULTURAL FESTIVAL, INC.: Reconsider the request for waiver of rental fees for
the Youth Basketball Tournament to be held July 23-25, 2010, at Pompey Park and the
Commututy Center and for the Prayer Breakfast/Health Fair proposed to be held at
Pompey Park on August 14, 2010. (ADDENDUM) (I~irs~ I~1o~i„n to reconsider the
~~-ai~~cr request, .Approved, -t-f 1. Second R1„ti,m to appr,~~~c the ~~~ai~-er request; .Approved, 4-0)
10. PUBLIC HEARINGS:
r~. 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". (~Alc,n„n ~„ pusip„nc; .Appr„~~~~cl, ~l-U
B. RESOLUTION NO. 36-10: Consider approval of Resolution No. 36-10 establishing
a budget for the Stormwater Utility System, establishing the rates for F1' 2011
Stormwater Management Assessments, and certifying and adopting the Stormwater
Assessment Roll. (,~luuun ~~, appr~~~~c; .A~~I~r~ ~~ r~1, 1 U)
C. ORDINANCE NO. 16-10: Consider a historic designation and individual listing on
the Local Register of Historic Places for The Harvel House, to be located at 186 N.W.
ch
5 Avenue. ~yIr~t~im to appn~~~~: vppr„~~c~l, lei)
07/20/2010
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WAIVER REQUESTS/THE HARVEL HOUSE: Consider approval of
waiver requests to Land Development Regulations (LDR) Section
4.5.1(E)(6)"Relocation", and 4.4.13(F), "Development Standards", associated
with the relocation of "The Harvel House" to 186 N.W. 5`h Avenue. (Quasi
fudlClal Heat111g/ i; ~I~iu~m l~~ acl~~pt b~rircl ~~rdrr as ~~rescnlccl; .AJ~~~r~~~~c~l, -~-I 1)
D. ORDINANCE NO 09-10 SECOND READING/SECOND PUBLIC
HEARING): City initiated amendments to the Land Development Regulations
(LDR), 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 tppendix "A", "Definitions", to enact
revised or new definitions for "Medical Clinics", "Medical Laboratory", and
«PYOfeSSlorial OffICeS". ~~lulum Ire a~~~~ru~~c; .~~~~~r~~~'e~l, -~-II~
E. ORDINANCE NO 11-10 (SECOND READING/SECOND PUBLIC
HEARINGI: 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 (I~, "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". (i~t~~ticm t~~ aE,prove; ,Appr~wecl, t-nj
F. 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. (~1i~rir~n ~„
G. 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. (\loti<,n i~~ a}~~~r~,~~e; .AJ~~~r~n-e~i, .~-~i
07/20/2010
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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. 22-10: An ordinance amending Chapter 51, "Garbage and
Trash", of the Code of Ordinances in order to clarify certain terms and to provide
consistency between the solid waste franchise agreement and City ordinances. If
passed, a public hearing will be scheduled on August 3, 2010. i,\I.>~i~n, <<~ ,~~~~ir~~~~c;
\~i~~ru~~c~l, ~~-I~j
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JULY 16, 2010
****** Meeting adjourned at 8.•15 p.m. ******
0/20/2010
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