09-07-10 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, September 7, 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. (Mayor McDuffie noted Item 8.P., Rejection of Bids/Professional Services
Vendor List/Neighborhood Stabilization Program (NSP), was moved to the Regular Agenda as Item
9.A.A; Item 8.T., Review of Appealable Land Development Board Actions, Site Plan Review and
Appearance Board (SPRAB) Item #5, was moved to the Regular Agenda as Item 9.A.A.A; Approved as
amended, 5-0).
5. APPROVAL OF MINUTES:
A. August 17, 2010 -Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing Boys and Girls Club Day for Kids
B. Recognizing and Commending the Delray Beach Ocean Rescue Competition Team
7. PRESENTATIONS:
A. RESOLUTION NO. 44-10: Approve Resolution No. 44-10 recognizing and
commending Geoffrey Cooper for 30 years of dedicated service to the City of Delray
Beach. (Approved, 5-0)
B. RESOLUTION NO. 45-10: Approve Resolution No. 45-10 recognizing and
commending Thomas Tustin for 30 years of dedicated service to the City of Delray
Beach. (Approved, 5-0)
C. Presentation to Major Joseph Bernadel of Toussaint L `Overture International School,
Inc. on behalf of Frank McKinney and the City of Delray Beach regarding the Haiti
earthquake relief efforts. (ADDENDUM)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. RESOLUTION NO. 48-10 (TAX EXEMPTION REQUEST FOR ELIGIBLE
IMPROVEMENTS/124 NORTH SWINTON~ Approve a tax exemption request
for eligible improvements to the property located at 124 North Swinton Avenue within
the Old School Square Historic District; and approve Resolution No. 48-10.
B. HOLD HARMLESS AGREEMENT/3594 ENSIGN CIRCLE: Approve a Hold
Harmless Agreement between the City and Monster Polymers, Inc. for 3594 Ensign
Circle associated with the encroachment of the outdoor barbeque cooking center within
the platted utility easement.
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C. RESOLUTION NO. 46-10/REIMBURSEMENT RESOLUTION: Approve and
adopt Resolution No. 46-10 which allows the City to be reimbursed from future
borrowing for expenses relative to Fire and Police hardware and software from a
proposed Lease Purchase Agreement.
D. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINALI/
HARDRIVES, INC.: Approve a Contract Closeout (Change Order No. 2/Final) in
the amount of a $5,430.15 decrease and final payment amount of $5,120.16 to
Hardrives, Inc. for the completion of the Douglas Avenue Improvements. Funding is
available from 441-5161-536-68.28 (Water/Sewer Fund/Improvements Other/Douglas
Ave) and 118-1965-554-61.91 (Neighborhood Services: Capital Outlay/Infrastructure).
E. SERVICE AUTHORIZATION NO. 07-04.3 (AMENDMENT NO.
31/KIMLEY-HORN AND ASSOCIATES, INC./MARTIN LUTHER KING
JR. DRIVE BEAUTIFICATION PROJECT: Approve Service Authorization No.
07-04.3 in the amount of $7,770.00 with Kimley-Horn and Associates, Inc. for
professional services in designing a reclaimed water transmission and distribution
system for the Martin Luther King Jr. Drive Beautification Project. Funding is available
from 441-5181-536-65.96 (Water and Sewer Fund/Other Improvements/Reclaimed
Water Transmission).
F. SERVICE AUTHORIZATION AMENDMENT NO. 07-15.1/MATHEWS
CONSULTING, INC.: Approve Service Authorization Amendment No. 07-15.1 in
the amount of $39,070.00 with Mathews Consulting, Inc. for the design of S.W. 12th
Avenue/Auburn Avenue/S.W. 14th Avenue Improvements. Funding is available from 334-
3162-541-68.04 (General Construction Fund: Other Improvement/S.W. 12h'
Avenue/Auburn/14~' Avenue).
G. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE
(SAFERI/ GRANT APPLICATION/DEPARTMENT OF HOMELAND
SECURITY: Provide authorization for the submittal of a Staffing for Adequate Fire
and Emergency Response grant application in the amount of $595,982.00 to hire four
(4) additional Firefighter/Paramedics to complete the staffing at Fire Station No. 2.
H. EXTENSION OF VALET PARKING QUEUES LICENSE AGREEMENTS:
Approve an extension of all Valet Parking License Agreements, on a month to month
basis, under the current terms and conditions, to allow for review of the program as it
relates to the findings of the Parking Study.
I. ACCEPTANCE OF THE PARKING MANAGEMENT PLAN: Accept the
Parking Management Plan recently completed by Kimley Horn and direct staff to work
with the Parking Management Advisory Board (I'MAB) in its implementation.
J. REVISION TO THE NEIGHBORHOOD STABILIZATION PROGRAM
(NSP) PLAN/FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS:
Approve a revision to the Neighborhood Stabilization Program Plan budget to
reallocate disposition line item funds to the acquisition line item funds at the request of
the Florida Department of Community Affairs.
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K. AGREEMENT/BULKY DENT'S BASEBALL SCHOOL: Approve an
Agreement between the City and Bucky Dent's Baseball School in the amount of
$115,200.00 to provide field maintenance services for Robert P. Miller Park and Currie
Commons Park. Funding to be available from 001-4131-572-34.90 (General
Fund/Other Contractual Service).
L. DONATION/PLUMOSA SCHOOL OF THE ARTS: Approve a donation of
approximately 1,000 square feet of brick pavers to Plumosa School of the Arts for use
in a Commemorative Brick Pathway leading up to the Performing Arts Auditorium.
M. GRANT AWARD /RECOVERY ACT EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAGS Approve and accept the FY 2010-2011
Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) award in the
amount of $66,560.00 which will provide funding to support the Holiday Robbery Task
Force.
N. EXTENSION TO THE MAINTENANCE AND SUPPORT
AGREEMENT/MOTOROLA, INC.: Approve an extension to the Maintenance
and Support Agreement between the City and Motorola, Inc. in the amount of
$128,241.84 for Police, Fire, and other City Departments' radio system maintenance.
Funding is available from various accounts.
O. ADOPTION OF BEACH MASTER PLAN: Approve adoption of the Beach
Master Plan.
P. MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA)
Q. REVISIONS TO SPECIAL EVENT POLICIES AND PROCEDURES:
Approve the revisions and changes to Special Event Policies and Procedures with an
effective date of October 1, 2010.
R. ALTERNATIVE WATER SUPPLY GRANT
ACKNOWLEDGEMENT/SOUTH FLORIDA WATER MANAGEMENT
DISTRICT (SFWMD~ Approve and authorize the Mayor to execute an
acknowledgement required to apply to the South Florida Water Management District
(SFWMD) for an alternative water supply grant to supplement funding for the
construction of the Area 11B reclaimed water system project on the barrier island.
SPECIAL EVENT REQUEST/11TH ANNUAL DOWNTOWN DELRAY
BEACH THANKSGIVING WEEKEND ART FESTIVAL: Approve a special
event request for the 11`'' Annual Downtown Delray Beach Thanksgiving Weekend Art
Festival to be held on November 27-28, 2010 from 10:00 a.m. until 5:00 p.m., to grant a
temporary use permit per LDR Section 2.4.6(F) for use of NE 2"d Avenue from the
alley just north of Atlantic Avenue to approximately 300 feet south of NE 3Td Street, to
utilize City Hall parking lot for vendor parking, and to authorize staff support for traffic
control, security, and Fire Inspector with the sponsor paying all overtime costs.
T. (MOVED TO ITEM 9.A.A.A. ON THE REGULAR AGENDA)
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U. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Kelly Janitorial System, Inc. in the amount of $26,254.32 for
annual janitorial services at the Delray Beach Municipal Golf Course. Funding
is available from 445-4711-572-34.90 (Delray Beach Municipal Golf
Course/Other Contractual Service).
2. Contract award to Action Labor Management, LLC d/b/a/Staffing Connection
to perform crossing guard services for schools located within the City's
jurisdiction for a period of three (3) years with the option to renew up to an
additional two (2) years. Funding is available from 001-2115-521-34.90 (General
Fund/Other Contractual Services).
3. Bid award to MWI Pumps in the amount of $16,237.00 for the rebuild of storm
water pump at the Atlantic Avenue Storm Water Pump Station. Funding is
available from 448-5461-538-46.90 (Storm Water Utility Fund: Repair &
Maintenance Service/Other Repair/Maintenance Cost).
4. Bid award to Florida Spectrum Environmental Services, Inc., the lowest
responsive bidder, in the amount of $29,000.00 for the annual contract for
Supplemental Laboratory Analysis for Water, Wastewater, etc. for the Water
Treatment Plant lab for fiscal year 2010/2011. Funding is available from 441-
5124-536-34.90 (Water and Sewer Fund/Other Contractual Services).
5. Purchase award to Dell Computer Corporation in the amount of $16,732.57 for
eight (8) workstations for the SunGard Public Software Project. Funding is
available is from 334-2111-521-64.11 (General Construction Fund:
Machinery/Equipment/Computer Equipment).
6. Purchase award to EJ Ward, Inc., in the amount of $50,785.00 for the
replacement automated fuel management and inventory system, including
hardware and software for the Fleet Maintenance Division. Funding is available
from 501-3311-591-64.90 (Garage Fund: Machinery/Equipment/Other
Machinery/Equipment) .
9. REGULAR AGENDA:
AA. REJECTION OF BIDS/PROFESSIONAL SERVICES VENDOR
LIST/NEIGHBORHOOD STABILIZATION PROGRAM (NSP Approval to
reject all bids submitted in response to the invitation to bid on four (4) NSP Housing
Rehabilitation projects, and authorize staff to issue an amended Request for
Qualifications (RFQ) to solicit additional contractor participation in the NSP Housing
Rehabilitation program component. ). (Motion to approve; Approved, 5-0)
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
August 16, 2010 through September 3, 2010. (Motion to appeal Site Plan Review and
Appearance Board (SPRAB) Item #5 to the September 21, 2010 Regular Commission Meeting;
Approved, 5-0)
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A. WAIVER REQUESTS/150 N.E. 1ST AVENUE/OLD SCHOOL SQUARE
HISTORIC DISTRICT: Consider three (3) waiver requests to Land Development
Regulations (LDR) Section 4.6.16 (H) (3) (d), "New Multiple Family, Commercial, and
Industrial Development", Section 4.6.14(B)(6), "Sight Visibility Triangle
Measurements", and Section 4.6.9(D) (4) (c-d), "Maneuvering Area, Aisle Width, Space
Width", for the property located at 150 N.E. 1S` Avenue (within the Old School Square
Historic District). (Quasi Judicial Hearing) (Motion to adopt board order as presented;
Approved, 5-0)
B. RESOLUTION NO. 47-10 (TAX EXEMPTION REQUEST FOR ELIGIBLE
IMPROVEMENTS/702 S.E. 2"d STREETS Consider approval of a tax exemption
request for eligible improvements to the property located at 702 S.E. 2"d Street (f/k/a
200 Marine Way) within the Marina Historic District; and approve Resolution No. 47-
10. (Commissioner Eliopoulos filed a Conflict of Interest and left the dais. Motion to approve
Resolution No. 47-10; Approved, 4-0)
C. AMENDMENT NO. 1 TO THE AGREEMENT/A & A ASSOCIATES:
Consider approval of Amendment No. 1 to the Agreement with A & A Associate in the
amount of $22,620.00 for security service at Pompey Park from October 1, 2010 to
September 30, 2011. Funding is available from 001-4127-572-31.90 (General Fund:
Professional Services/Other Professional Services). (Motion to approve; Approved, 5-0)
D. ACCEPTANCE OF A DONATED SCULPTURE/WILLIAM DEBILZAN:
Consider approval to accept a donated sculpture from Artist William Debilzan to be
located in Worthing Park. (Motion to approve; Approved, 5-0)
E. PARKS AND RECREATION FEES: Consider approval to change facility and field
fees for Parks and Recreation for FY 2010-2011. (Staff will bring item back to Commission
after further review)
F. SETTLEMENT OFFER IN THE ESTATE OF DAVID BILLADEAU v. CITY
OF DELRAY BEACH: Consider a Settlement Offer in the total amount of
$100,000.00 in Estate of David Billadeau v. City of Delray Beach. Staff recommends
approval. (Motion to approve; Approved, 5-0)
G. APPOINTMENT TO THE PLANNING & ZONING BOARD: Appoint one
(1) regular member to the Planning & Zoning Board to serve a two (2) year term ending
August 31, 2012. Based upon the rotation system, the appointment will be made by
Commissioner Frankel (Seat #3). (Appointed Craig Spodak and approved, 5-0)
H. APPOINTMENTS TO THE SITE PLAN REVIEW & APPEARANCE
BOARD: Appoint two (2) regular members to the Site Plan Review & Appearance
Board to serve two (2) year terms ending August 31, 2012. Based upon the rotation
system, the appointments will be made by Commissioner Frankel (Seat #3) and
Commissioner Eliopoulos (Seat #1). (Appointed Roger DeCapito and approved, 5-0; and
appointed Nick Sadowsky and approved, 5-0)
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I. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint
one (1) regular member to the Historic Preservation Board to serve a two (2) year term
ending August 31, 2012. Based upon the rotation system, the appointment will be made
by Commissioner Frankel (Seat #3). (Appointed Pearl Markfield Elrod and approved, 4-1;
Commissioner Fetzer dissenting)
J. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
regular member to the Board of Adjustment to serve a two (2) year term ending August
31, 2012. Based upon the rotation system, the appointment will be made by
Commissioner Fetzer (Seat #2). (Appointed Mel Pollack and approved, 5-0)
K. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint
one (1) regular member and one (1) alternate member to serve on the Nuisance
Abatement Board for unexpired terms ending July 31, 2011. Based upon the rotation
system, the appointments will be made by Commissioner Frankel (Seat #3) and
Commissioner Gray (Seat # 4). (Appointed Nayda Cottone-Ovadia and approved, 5-0.
Commissioner Gray's appointment DEFERRED to September 21, 2010).
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 23-10 (FIRST READING/FIRST PUBLIC HEARING
City initiated amendment to the Land Development Regulations Section 4.3.3 "Special
Requirements for Specific Uses", to enact a new Subsection (KKK) establishing
regulations for Live/Work Units; amending Section 4.4.12 "Planned Commercial
District", Subsection (D) "Conditional Uses and Structures Allowed", Section 4.4.13
"Central Business District", Subsection (D) "Conditional Uses and Structures Allowed";
Section 4.4.29 "Mixed Residential, Office and Commercial", Subsection (E)
"Conditional Uses and Structures Allowed" to allow Live/Work units as a conditional
use; and amending Appendix "A" "Definitions" to provide a revised definition for
"Live/Work Unit". If passed, a second reading and second public hearing will be held
on September 21, 2010. (Motion to approve; Approved, 5-0)
B. ORDINANCE NO. 27-10: Consider a city initiated amendment to Appendix "A",
"Definitions" of the Land Development Regulations (LDR) to revise the definition of
"Pharmacy". (Staff has requested the item be postponed until the September 21,
2010 City Commission Meeting] (Motion to POSTPONE; Approved, 5-0)
C. ORDINANCE NO. 26-10: An ordinance amending Chapter 34, "Elections", of the
Code of Ordinances, by amending Sections 34.16 and 34.17 to increase the fee for filing
petitions from $25 to $50. (Motion to approve; Approved, 5-0)
D. ORDINANCE NO. 28-10: An ordinance amending Chapter 101, "Parks, Beaches
and Recreation", by amending Section 101.35(F), "Storing Boats", to modify the rate
structure for storing sailboats on the beach. (Motion to approve; 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. 24-10: Privately initiated rezoning from AC (Automotive
Commercial) and RM (Multiple Family Residential -Medium Density) to GC (General
Commercial) and OS (Open Space) for property located at the northeast corner
of Federal Highway and Fladell's Way (2501 South Federal Highway). If passed, a
public hearing will be held on September 21, 2010. (Motion to approve; Approved, 5-0)
B. ORDINANCE NO. 29-10: An ordinance amending Chapter 110, "Local Business
Taxes Generally", of the Code of Ordinances by amending Section 110.15, "Local
Business Tax Schedule", in order to include "Pharmacies" among the categories of
businesses requiring a Local Business Tax Receipt. If passed, a public hearing will be
held on September 21, 2010. (Motion to approve; Approved, 5-0)
C. ORDINANCE NO. 32-10: An ordinance amending Chapter 51, "Garbage and
Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges
Levied", to provide for decreased residential and modified commercial collection
service rates for FY 201E If passed, a public hearing will be held on September 21,
2010. (Motion to approve; Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: SEPTEMBER 3, 2010
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