08-03-10 Agenda Results Regular MeetingCity of Delray Beach
Regular Commission Meeting
***AGI:NUA RESC~1."1'S***
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, August 3, 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 in the Commission
Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor McDuffie noted Item R.B., Initiation of Comprehensive Plan
\in~•n~lm~•nt ~iiln 1, ~~,~~ nun"ed to the Regular Agenda as Item 9.A.r\; Item R.Li\(~., Future land Use
1?lcnunt, was mc~~-cd u> the Regular ;lgenda as Item 9.;1.;\.;\.; Item 8.LC.., Furore land Use Map
Amendment, was moved to the Regular ;\genda as Item 9.A.t\.r\.,1.; Item R.J.I., Contract Award to
Danvers Consulting and Research Firm, was moved to the Regular Agenda as Item 9.A.A.A.A.A.;
Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
A. July 13, 2010 -Special/Workshop Meeting (;\pproved, 5-0
B. July 20, 2010 -Regular Meeting (.\~~ln-~,~ ccl, ~-~-)
6. PROCLAMATIONS:
A. None
7. PRESENTATIONS:
A. 24'h Annual Delray Citizens for Delray Police Scholarship Presentation - Perry
DonFrancisco
8. CONSENT AGENDA: City Manager Recommends Approval (\pproved as amended, 5-0
A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify actions
of the South Central Regional Wastewater "Treatment and Disposal Board at their
Quarterly Meeting of July 15, 2010.
B. (MOVED TO ITEM 9 A A ON THE REGULAR AGENDA)
C. RESOLUTION NO. 40-10: Approve Resolution No. 40-10 supporting the Beach
Renourishment Project.
D. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/ MANCIL'S
TRACTOR SERVICE, INC.: Approve a Contract Closeout (C.O. No. 1 /Final) in
the amount of a $13,286.59 decrease and final payment in the amount of $1,042.20 to
Mancil's Tractor Service, Inc., for completion of the Barwick Road Sidewalk Project
#2009-033. Funding is available from 334-31(2-541-63.11 (General Construction Fund:
Improvement Buildings-Bikepaths-Sidewalks).
OR/03/2010
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E. DISASTER RECOVERY INITIATIVE (DRI)/HOUSING
REHABILITATION GRANT/CONTRACT AWARDS: Approve two (2)
Housing Rehabilitation grant awards for projects located at 33G S.W. 8`h Avenue to CJ
Contracting, LLC, in the amount of $20,931.55 and 303 S.W. 2"`' Avenue to David
T'hyng, I:.LC, in the amount of $32,987.10, the lowest responsive bidders, 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).
I~. PROPOSED MILEAGE RATE/DOWNTOWN DEVELOPMENT
AUTHORITY: Accept the Downtown Development Authority's proposed millage
rate for FY 2011.
G. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/SHARED USE OF
COUNTY FIBER NETWORK: Approve an Interlocal Agreement between the City
and Palm Beach County for shared use of the County's Fiber Network. Funding to be
available in the FY 2010-11 budget.
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 September 3, 2010; granting a temporary use permit per
LDR Section 2.4.6(F) for the closure of AlA from south of Atlantic Avenue to the
southern boundary of Boston's on the Beach and approve staff support for security,
traffic control and barricading.
I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
July 19, 2010 through July 30, 2010. (MOVED TO ITEM 9.A.A.A. and 9.A.A.A.A.
ON THE REGULAR AGENDA)
AWARD OF BIDS AND CONTRACTS:
(MOVED TO ITEM 9 A A A A.A. ON THE REGULAR AGENDA)
9. REGULAR AGENDA:
AA. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2010-1:
Formally initiate additional items for inclusion in Comprehensive flan Amendment
2010-1 pursuant to Section 9.2.1 of the Land Development Regulations. ((:~~nu„issiuner
I~ai~~~~~xil~~s fil~~cl a (:untli~ t .,I Inicres~ anal Ic(i the cjais. i~l~~tiun t~~ a~~pru~•c: ;AJ~~~rovcd 4-l)~
AAA. Future Land Use Element -Modification of the description of the GC (General
Commercial) Future Land Use designation to identify specific uses and intensities
(FARs) for development within a proposed overlay district for the Lintco property on
the north side of Linton Boulevard, west of SW 4th Avenue. (~:~nnn,issi~nu•r Iaic,~~c>ulc~s
tilccl (;nnllici <~I Inic•res~ ;uul Ictt dais. ~Tuii~m t~~ a~~~~t•~wc; .A~~pr~n~c~l, -1-1))
08/03/2010
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AAAA. Recommended approval (6 to 0), of a Future Land Use Map amendment from MD
(Medium Density Residential 5-12 du/ac) to GC (General Commercial) and rezoning
from RM (Medium Density Residential) to GC (General Commercial) for Lintco
Development, located at the northwest corner of Linton Boulevard and SW 4th
Avenue. (C~,mmissiuncr I~:Gr~pcnilc~s l~7lecl G>nllict .,l Interest and let[ dais. i~f~~ti~m t~> a~~(~rcn~e;
;1~~~~rc~~~rci, -4-U)
AAAAA. Contract award to Danvers Consultation and Research Firm in the amount of
$30,000.00 for a city wide street light audit to verify historic Florida, Power and Light
(FPL) billings and to identify potential credits due to the city. Funding is available from
001-3142-541-31.90 (General Fund/Street Lighting/Other Professional Services).
(i~l<~ti~~n to table until the .AutTusi lU, '?ulll ti~x~cial/\G~i,rksht~p ~Iectiu~;; ~~ppr<~~~c<I, ~-Ilj
A. CONDITIONAL USE REQUEST/NEW CENTURY COURTYARDS:
Consider a conditional use request to allow a residential density of up to 22 dwelling
units per acre (22 dwelling units per acre proposed) fora proposed mixed use
development known as New Century Courtyards at Delray Beach, located on the west
side of South Federal Highway, approximately 320 feet south of S.E. 10th Street and
north of the Plaza at Delray. (Quasi;judieialHearing) (itih,ii~,n <<, a~l~,~~i h~~arci ~,rcler as
~n~cscn~ccl; .A~~~~ru~~crl, ~-Uj
B. PROPOSED MILEAGE RATE: Consider approval of a proposed millage rate for
FY 2011, and set the budget review and adoption schedule. (I~ir~r ,~I~~n~m i„ ~~•i ~~ri>~x~sc~l
milla~c rate al 75') mils. This rn~,ii~,n ~1ir~l f~ru- lack ut a secc,n~l. Sec<~nd hlouo^ tc~ set pr~~posecl
millap,c talc at ?. 11 mils; .A}~~u~~,~~~~~1,-I 1. (:~~nimi:.i~mcr I~rankcl dissenting)
C. BID AWARD/CONSERV BUILDING, INC.: Consider approval of a bid award
to ConServ Building, Inc., third lowest bidder, in the amount of $83,688.00 for a three
(3) year maintenance and service contract for HVAC Chiller and Tracer Units located at
City Hall and the Library beginning in FY 2010/2011. Funding to be available from
001-1802-512-46.20 (General Fund: Repair and Maintenance Service/Equipment
Mamteriance). (ti~~~tinn lu a}i~~r~n'c; .~~ipr~~~'cc~. ~ 11)
D. DISSOLUTION OF BOCA RATON AVIATION ADVISORY COMMITTEE:
Commission direction regarding the proposed dissolution of the Boca Raton Aviation
Advisory Committee. (~~l~~ii~m i~~ kcc}~ c~nnniitirc in ~~lacc and n~~i i~~ ~lish;uui it; ,A~~pru~~cd, i-
11)
E. SETTLEMENT OFFER IN TOSEPH MITCHELL v. CITY OF DELRAY
BEACH: Consider a Settlement Offer in the total amount of $17,500.00 in Joseph
Mitchell v. City of Delray Beach. Staff recommends approval (~I~~~i<ni <<> a~~~~n>~~~ suhjcc~
t~~ a~i~~rv,~~rialc rclcas~~s; .A~~~~r~~~~c~cl, ~-ll)
F. APPOINTMENT OF OUTSIDE COUNSEL/DAVID RICKS v. CITY OF
DELRAY BEACH: Consider approval to appoint Carson & Adkins, P.A. as outside
counsel in the case of David Ricks v. City of Delray Beach at the rate of $215.00 per
hour. (~~I~~~iun ~~~ a~,~,r~n~c:.A~~~,r~~~~c<l, i-l l)
08/03/2010
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G. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1)
alternate member to the Financial Review Board to serve an unexpired term ending July
31, 2011. Based upon the rotation system, the appointment will be made by
Commissioner Eliopoulos (Seat #1). i'.A~~~~~,intccl l:her~~l Sh:,thu~r ;uul a~~(~r~,~-c~l, ~-n~
H. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1)
student member to the Police Advisory Board to serve a two (2) year term ending on
July 31, 2012. Based upon the rotation system, the appointment will be made by Mayor
MCDuffle (Seat #5). _A~~J~~nnic~l I~ritlan~~ Smith :uul :,~~~~r,n~ccl, ~-U)
APPOINTMENT TO THE EDUCATION BOARD: appoint one (1) regular
member to the Education Board to serve a two year term ending July 31, 2012. Based
upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5).
(,11a~~„r AIclh,ilic cicfcrrccj hi; a~~~>„inimcnl lu the :Augu~l I 2(11(1 Kc~ulsu~ (:~,nunissic>n
\lcctin~)
APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) student member to the Neighborhood Advisory Council to serve a one
(1) year term ending July 31, 2011. Based upon the rotation system, the appointment
will be made by Commissioner Fetzer (Seat #2). (.\~~~~uintc~l I )i;inc (;iuca ;uul ;i~~~,r<,~ ccl,
111
10. PUBLIC HEARINGS:
A. PUBLIC COMMENTS/FY 2011 PROPOSED BUDGET: The City Commission
will hear public comments, if any, regarding the h1' 2011 Proposed Budget at this time.
B. 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". (Staffhas requested the item be postponed until the August 17, 2010
City Commission Meeting) ~ ~U~,li„u I~, POS'T'PONE; ,A~~J~r„~~~~~I, ~ u;
C. ORDINANCE NO 17-10• (FIRST READING/TRANSMITAL HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 2010-1): Consider on first
reading an ordinance adopting Comprehensive Plan .-amendment 2010-1 and associated
Future Land Use Map (FI.UM) amendments, and authorize transmittal to the State
Department of Community Affairs. (Staff recommends that the City Commission
postpone action on this item until August 17, 2010) ~~I„u„i, I„ I'OS'I'PONf;;
\~~~~ru~ ccl, i I lj
D. 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. (fit„li„n I„
08/03/2010
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AMENDMENT NO 4/WASTE MANAGEMENT FRANCHISE
AGREEMENT: Consider approval of Amendment No. 4 to the Waste
Management Franchise Agreement. (I~irst .A[„ti~m t., rtl~l~~ tln~ ite,n re, ~cl~te,nlx~r %,
X1111 i; Denied, 3~ ~'. t :, muni~si„ner l ~ai~,lxxtlos and (:ununissioucr I~ctzcr dissenting.
ticcuncl ~luticm to a(~~~r~,~•c :\mcnclrncnt No. 4; Approved, 3-2. Commissioner
1?liopoulos and Conunissioner Fetzer dissenting)
E. COMMUNITY DEVELOPMENT BLOCK GRANT ~CDBG) FIVE YEAR
CONSOLIDATED PLAN FY 2010-2015 AND CONSOLIDATED ANNUAL
ACTION PLAN FY 2010 - 2011: Consider approval of the CDBG Five Year
Consolidated Plan FY 2010-2015 and Consolidated Annual Action Plan FY 2010-11 as
required by the United States Housing & Urban Development Department (HUD) for
utilization of federal grant funds. i".A1<,ri<,n t~, ap~,rcrve; ;Appr,mcd, 5-U)
F. RESOLUTION NO. 37-10/CONTRACT FOR SALE AND PURCHASE/2
S.W. 5TH AVENUE: Consider approval of Resolution No. 37-10, a Contract for Sale
and Purchase between the City and Community Redevelopment Agency (CRA) for the
property located at 2 S.W. 5`" Avenue in the amount of $10.00. (~1c,ti~,n t., .~I'I't~"`'~'~
\l,hru~z~cl, ti_t1)
INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (,CRA): Consider approval of an Interlocal Agreement with the
Community Redevelopment Agency (CRA) regarding West Atlantic Avenue
Public Plaza (2 S.W. 5`" Avenue); contingent upon approval of Resolution 37-10
and the Contract for Sale and Purchase. (~tit~,ti,m r~> a~~pr,,~~c•; ,Aphr,>~~cd, 7-uj
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: JULY 30, 2010
****** Meeting adjourned at 9.•00 p.m. ******
08/03/2010
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