10-19-10 Agenda Results Regular MeetingCity of Delray Beach
Regular Commission Meeting
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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, October 19, 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 wiIl furnish auxiliary aids and ser~Tices 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.
ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (C:ommission }==?liopoulos noted regarding Ttem }x.11., Request for Side~,valk
Deferral/510 Seasage Drive, that he is the arc~hitec~t ~,vith the c~ontrac~tor on another project, lntt there is
no c~onflic~t of interest on this item, 1La~-or 1Lc~Duffie noted staff requested Ttem 9.D., 1lppeal Denial of
Special }__?~-ent Permit/`~`~-}Z1LF' No Sno~,vl_7a11 }?rent 1.7e WI'I'I-ID W1T9 Staff requested Ttem 9 }?.,
Special }?rent Request/ f-Io~,vard 111an 4t~, llnnual Do~,~-nto~,vn Delray- F3eac~h Ne~,v Fear's Craft Festival,
1.7e WI'I'I-ID W1T, Staff requested Ttem 9.F'. Special }?rent Z?ermit and `~`~'aiver/Supercar }?~perienc~e,
1.7e WI'I'I-ID W1T; 1lppro~-ed as amended, 5-0)
5. APPROVAL OF MINUTES:
A. October 5, 2010 -Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Florida City Government Week -October 17-23, 2010
B. Healthy Mouth Healthy Body Day -October 27, 2010
C. Families Reading Together Month -November 2010
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. QUEST FOR SIDEWALK DEFERRAL/ 510 SEASAGE DRIVE: Approve a
request to defer the installation of a sidewalk for the property= located at 510 Seasage
Drive.
B. QUEST FOR SIDEWALK DEFERRAL/ 928 SEASAGE DRIVE: Approve a
request to defer the installation of a sidewalk along Seasage Drive for the property=
located at 928 Seasage Drive.
C. QUEST FOR SIDEWALK DEFERRAL/1126 ISLAND DRIVE: Approve a
request to defer the installation of a sidewalk adjacent to the right-of--way along Island
Drive for the property located at 1126 Island Drive.
D. PROJECT AGREEMENT /F.I.N.D. /MANGROVE PARK BOAT RAMP:
Approve a project agreement with the Florida Inland Navigation District (F.LN.D.) in
the amount of $85,740.00 to provide funding for reconstruction of the Mangrove Park
boat ramp.
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E. AMENDMENT TO PARKING LICENSE AGREEMENT/GAFFE LUNA
ROSA: Approve a request from Gaffe Luna Rosa to amend their Public Parking Lot
License Agreement for the Gleason Lot, to limit urilizarion of the 20 spaces to Monday
through Friday and apply the appropriate pro-ration, reducing the cost to $21.40 per
space per month; contingent upon approval of the amendment document by the City=
Attorney's office.
F. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT WITH
THE COMMUNITY REDEVELOPMENT AGENCY FOR
A NEIGHBORHOOD STABILIZATION PROGRAM (NSP~ Approve
Amendment No. 1 to the Interlocal Agreement with the Communitj= Redevelopment
Agency for funding a foreclosure program in partnership with the Neighborhood
Stabilization Program (NSP) to amend the benefits and extend the terms of the
agreement to September 30, 2012.
G. PROFESSIONAL SERVICES VENDOR LIST/NEIGHBORHOOD
STABILIZATION PROGRAM (NSP~ Approve the list of addirional vendors for
Professional Services required to carry= out activities under the Neighborhood
Stabilization Program (NSP) contingent on the list being approved by the Florida
Department of Communitj=Affairs.
H. AMENDMENT NO. 3 TO THE DISASTER RECOVERY INITIATIVE
AGREEMENT /PALM BEACH COUNTY: Approve Amendment No. 3 to the
agreement between the Citj= and Palm Beach Countj= for the Disaster Recover=
Initiative (DRI) Program to complete twentj=-four (24) housing rehabilitation projects
for income-eligible residents who suffered damages from Hurricane Wilma, extending
the deadline for complerion to September 16, 2011.
I. RESOLUTION NO. 60-10: Approve Resolution No. 60-10 to support continuation
of an annual levy= of 0.25 mills for school operarional purposes for the next four fiscal
years beginning July 1, 2011 and ending June 30, 2015.
J. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD: Approve and ratify= the appointment of Mr. Mark Krall,
Planning & Zoning Board Representative, for an unexpired term ending July 31, 2011.
K. SERVICE ARRANGEMENT AGREEMENT/ AT & T FLORIDA: Approve a
Contract Service Arrangement Agreement with AT&T for Centrex Service, Business
lines, MegaLink Circuit and Primary Rate ISDN's in the amount of X119,733.72
annually. Funding is available from various departmental accounts.
L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
October 4, 2010 through October 15, 2010.
10/19/2010
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M. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Baker's Transport Services (BTS) in an amount not to exceed
$200,000.00 for hauling and disposal of liquid lime slurrj= from the Water
Treatment Plant (WTP). Funding is available from 441-5122-536-34.90 (Water
and Sewer Fund: Other Contractual Services).
2. Purchase award to American Traffic Products & Services (ATPS) in the amount
of $18,929.50 for aluminum sign blanks and galvanized posts for sign
fabrication as replacement stock for the City='s sign shop. Funding is available
from 001-3141-541-52.20 (General Fund: Operating Supplies/General
Operating Supplies).
3. Purchase award to Carus Corporarion at an estimated cost of $120,000.00 for
the purchase and deliverj= of po1~= phosphate "as needed" per bid #2009-12.
Funding is available from 441-5122-536-52.21 (Water and Sewer Fund:
Operating Supplies/Chemicals).
4. Purchase award to Chemical Lime Company= of Alabama, Inc. in the estimated
annual cost of $800,000.00 for the purchase of bulk quicklime via Bob=nton
Beach Co-op Bid # 005-2821-09/JA. Funding is available from 441-5122-536-
52.21 (Water and Sewer Fund: Operating Supplies/Chemicals).
5. Purchase award to Line-Tec, Inc. in the net amount of $122,100.00 for annual
Water Service Relocarions (PN 11-05), Water Meter Replacements (11-050), and
Fire Hydrant Flow Tesring via the City of Boynton Beach Bid #033-2821-
10/JA. Funding is available from 442-5178-536-49.33 (Water & Sewer Renewal
& Replacement Fund: Other Current Charges/OB/Water Service Relocation),
442-5178-536-61.81 (Water & Sewer Renewal & Replacement Fund:
Land/Water Meter Replacement Program) and 441-5123-536-34.90 (Water and
Sewer Fund: Other Contractual Services).
6. Purchase award to Tanner Industries, Inc. in the annual esrimated amount of
$35,000.00 for the purchase and deliver= of anh~=drous ammonia "as needed" via
City of Port Orange, Florida Bid # B10-16. Funding is available from 441-5122-
536.52.21 (Water and Sewer Fund: Operaring Supplies/Chemicals).
7. Purchase award to Praxair, Inc. in the amount of $130,000.00 for the purchase
and deliver= of liquid carbon dioxide (CO2) as needed from Praxair, Inc. via
Citj= of West Palm Beach Agreement and Amendment No. 1. Funding is
available from 441-5122-536-52.21 (Water and Sewer Fund: Operaring
Supplies/Chemicals).
8. Purchase award to Poolsure of South Florida in the esrimated annual amount of
$51,400.00 for the purchase and deliver= of Sodium H~=pochlorite. Funding is
available from 441-5123-536-52.21 (Water and Sewer Fund: Operaring
Supplies/Chemicals).
9. Purchase award to Devland Site Development, Inc. in the amount of
$180,000.00 for sludge removal and disposal "as needed". Funding is available
from 441-5122-536-34.90 (Water and Sewer Fund: Other Contractual Services).
10/19/2010
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10. Purchase award to Sentrj= Industries in the amount of $260,000.00 for the
purchase and deliverj= of Sodium H~=pochlorite "as needed". Funding is available
from 441-5122-536-52.21 (Water and Sewer Fund: Operating
Supplies/Chemicals).
11. Purchase award to PVS Technologies, Inc. in the amount of $250,000.00 for the
purchase and deliver= of liquid ferric chloride "as needed". Funding is available
from 441-5122-536-52.21 (Water and Sewer Fund: Operating
Supplies/Chemicals).
12. Purchase award to Zoll Medical Corporation in the amount of X23,519.50 for
warrant= and maintenance of seventeen (17) Zoll Defibrillators. Funding is
available from 001-2315-526-46.20 (General Fund: Repair & Maintenance
Services/Equipment Maintenance).
9. REGULAR AGENDA:
A. RATIFICATION OF COLLECTIVE BARGAINING
AGREEMENT/SERVICE EMPLOYEES INTERNATIONAL UNION
S( EIU~ Consider rarification of the Collective Bargaining Agreement with the Service
Employees International Union (SEIU). (1~~Iotion to approve, Approved, 5-0)
B. CONDITIONAL USE EXTENSION REQUEST/EBENEZER WESLEYAN
METHODIST CHURCH: Consider a request to extend the conditional
use approval for construction of a new 6,575 sq. ft. sanctuar=, at the northwest corner
of S.W. 6th Avenue and S.W. 2nd Street and construction of an off-site parking lot at
the northeast corner of S.W. 6th Avenue and S.W. 2nd Street for Ebenezer Wesley=an
Methodist Church located at 201 S.W. 6th Avenue. (Quasi- Judicial Hearing) (1~~Iotion
to adopt l_7oard order as presented9 1lppro~-ed, 5-0)
C. WAIVER REQUEST/909 SOUTH OCEAN BOULEVARD: Consider a waiver
request to reduce the required sight visibilit= triangle from 10' to 2' for a clear line of
sight between 3' and 6' in the area formed along both sides of the driveway= intersecting
the property line at 909 South Ocean Boulevard. (Quasi Judicial Hearing) (1~~Iotion to
adopt l_7oard order as presented9 1lppro~-ed, 5-0)
QUEST FOR SIDEWALK DEFERRAI./909 SOUTH OCEAN
BOULEVARD: Consider approval of a request to defer the installation of a
sidewalk along South Ocean Boulevard for the propert= located at 909 South
Ocean Boulevard. (ilLotion to approve, 1lppro~-ed, 5-0)
10/19/2010
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D. APPEAL DENIAL OF SPECIAL EVENT PERMIT/ WRMF NO SNOW
BALL EVENT: Consider an appeal of staff's permit denial for a WRMF No Snow
Ball Event submitted b~= Mike DeAtle~=, General Manager of Boston's on the
Beach; proposed to be held on December 4, 2010 from 6:00 p.m. to 10:00 p.m.; and
requiring a temporary= use permit per LDR's Section 2.4.6.(F) for the closure of A-1-A
from Atlantic Avenue to just north of the Boston's property= line; staff support for
traffic control, security=, barricading assistance, trash removal, clean up, trash boxes and
the use of the City='s portable generator; and a waiver for the Event Policies limit on the
number of Intermediate events in one month. (WI'I'I-IDI2~W1T)
E. SPECIAL EVENT REQUEST/HOWARD ALAN 4th ANNUAL
DOWNTOWN DELRAY BEACH NEW YEAR'S CRAFT FESTIVAL: Consider
approval of a special event request to endorse the 4th Annual Downtown Delray= Beach
New Year's Craft Festival sponsored by= Howard Alan Events, Ltd. to be held from
10:00 a.m. to 5:00 p.m. on December 26-27, 2010, granting a temporary= use permit per
LDR Section 2.4.6(F) for the closure of N.E. 2nd Avenue from the alley= just north of
Atlantic Avenue north to approximately= 400' north of N.E. 3rd Street, authorize staff
support for traffic control, barricade inspection, fire inspector services and to waive
Section III (G) of the Event Policies and Procedures to allow this event.
(WI'I'I-IID W1T)
F. SPECIAL EVENT PERMIT AND WAIVER/ SUPERCAR EXPERIENCE:
Consider a request to waive Section III (F) of Event Policies, to allow an Intermediate
event on the same day= as a Major event; and approve a Supercar Experience Event
produced by= Dr. Hans Reinisch proposed to be held on February= 19, 2011 from 9:00
a.m. to 11:00 p.m., on the grounds of Old School Square and the Old School Square
Park, to grant a temporary= use permit per LDR's Section 2.4.6.(F) for using the parking
spaces on the west side of N.E. 1st Avenue for valet parking and to provide staff
support for traffic control, security=, EMS assistance, barricading assistance, use of the
small stage, event signage and use of a City= generator. (WI'I'I-ID W1T)
G. AMENDED SPECIAL EVENT REOUEST /13th ANNUAL BED RACE:
Consider approval of the 13th Annual Bed Race, as amended, proposed to be held on
October 29, 2010 from 5:00 p.m. until 11:00 p.m., granting a temporary use permit per
LDR Section 2.4.6.(F) for the use and closure of NE 2nd Avenue from Atlantic Avenue
to NE 2nd Street; authorize staff support for traffic control and security, EMS
assistance, trash removal and clean up, barricading, use and set up of half of the small
stage, and preparation and installation of event signage; contingent on the sponsor
providing a Hold Harmless Agreement and a Certificate of Liquor Liability= Insurance
within 5 days of the event. (1~~Iotion to approve, Approved, 5-0)
H. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint two (2) regular members (one member each for Zones 3 and 4) to the
Neighborhood Advisory Council for three (3) year terms ending July 31, 2013. Based
upon the rotation sy=stem, the appointments will be made by= May=or McDuffie (Seat #5)
and Commissioner Eliopoulos (Seat #1). (Appointed Suzanne Donohue and approved, 5-0.
1Layor 1LcDuffie's appointment DF?1 F RIiF?D to the Noveml_7er 2, 2010 Regular Commission
1Leeting)
10/19/2010
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I. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
alternate member to the Board of Adjustment for an unexpired term ending August 31,
2011. Based upon the rotation system, the appointment will be made by Commissioner
Frankel (Seat #3). (1ppointed 1111en l~:ilik and appro~-ed, ~-0)
J. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular
member to the Education Board for an unexpired term ending July 31, 2012. Based
upon the rotarion s~=stem, the appointment will be made b~= Commissioner Frankel (Seat
#3). (1ppointed 1lmanda C)rndorff and appro~-ed, ~-0)
K. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint one (1)
regular member to the Police Advisor= Board to serve an unexpired term ending Ju1~=
31, 2012 and one (1) student member to serve an unexpired term ending July 31,
2011. Based upon the rotarion s~=stem, the appointments will be made b~= Commissioner
Eliopoulos (Seat #1) for one (1) regular member and Commissioner Fetzer (Seat #2)
for one (1) student member. (Appointed Joseph I3lisma as a snzdent member and approved,
-0; and appointed Jennifer 1Lorris and appro~-ed, ~-0.
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 25-10 (SECOND READING/SECOND PUBLIC
HEARINGI: Consider a citj= iniriated amendment to the Land Development
Regularions (LDR) b~= amending Section 4.3.3, "Special Requirements For Specific
Uses", Subsection ('I~, "Family= Dad= Care" and enacting a new Subsecrion (T'I~, "Large
Family= Child Care Home' ;amending Subsecrion (C), "Accessor= Uses and Structures
Permitted" and Subsecrion (D), "Conditional Uses and Structures r111owed" of Secrion
4.4.3, "Single Family Residenrial (R-1) Districts", Secrion 4.4.5, "Low Density
Residential (RL) District", Section 4.4.6, "Medium Densitj= Residential (RM) District",
Secrion 4.4.7, "Planned Residential Development (PRD) District", Section 4.4.9,
"General Commercial (GC) District", Secrion 4.4.13, "Central Business (CBD)
District", Section 4.4.17, "Residenrial Office (RO) District", and Section 4.4.24, "Old
School Square Historic Arts District (OSSHAD)' ; amending Section 4.4.9, "General
Commercial (GC) District", Subsection (G), "Supplemental Regularions", Sub-
subsection (3), Four Corners Overlay= District; amending Secrion 4.4.29, "Mixed
Residential, Office and Commercial (MROC) District", Subsection (C), "Accessor=
Uses and Structures Permitted" and Subsecrion (E), "Conditional Uses and Structures
Allowed", in order to update the Land Development Regulations (LDR) to comport
with changes in state law; amending Appendix A, "Definirions", to revise the definirions
of "Child Care Facility=" and "Fami1~= Dad= Care Facilities" and enacting a new definirion,
"Large Family Child Care Home". (1~~Iotion to approve, Approved, 5-0)
B. ORDINANCE NO. 35-10 (SECOND READING/SECOND PUBLIC
HEARINGI: Consider a citj= initiated amendment to Land Development Regulations
(LDR) replacing several references to "Medicines and Prescriprions", "Drugs and
Medicine" and "Drug Store" with the term "Pharmacies". (1~~Iotion to approve, Approved,
-0)
10/19/2010
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C. ORDINANCE NO. 36-10 (SECOND READING/SECOND PUBLIC
HEARINGI: Consider a city= initiated amendment to the Land Development
Regularions (CDR) Secrion 4.3.3 (CELL), "Pharmacies", to add the term "Medical
Clinics" under applicabilitj= and to change the category= title to "Medical, Professional,
Business Offices and Medical Clinics". (~~~otion to approve, Approved, 5-0)
D. ORDINANCE NO. 34-10: Consider a citj= initiated amendment to the Land
Development Regularions (CDR) Section 2.4.7(G), "Requests for Accommodation"
procedures. (ilLotion to approve, 1lppro~-ed, ~-0)
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. Citj=Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
A. ORDINANCE NO. 37-10: Consider a citj= iniriated amendment to the Land
Development Regulations (CDR) Secrion 6.3.3., "Sidewalk Cafe", amending the
regulations. If passed, a public hearing will be held on November 2, 2010. (~~~otion to
approve,llppro~-ed, ~-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. Citj=Manager
B. Citj= Attorney=
C. Citj=Commission
POSTED: OCTOBER 15, 2010
1o/1~/zolo
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