11-02-10 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, November 2, 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. (~ba~~or 1~~IcL7uffie noted Item 8.C., Change Order No. 1 (Contract
1lddition)/Brang Construction, Inc., ,vas mo~-ed to the Regular 1lgenda as Item 9.11..11.9 ~;.1~:.1., Contract
11~,vard/Chap }__?cluipment }:n~-ironmental Ser~ic~es, Tnc~., ,vas 12EM(J D and Ttem }~.1~:.2. I'urc~hase
11~,vard/Chap }__?cluipment }:n~-ironmental Ser~-ic,es, Tnc~., ,vas 12EM(J D, 1lppro~-ed as amended, 5-0)
5. APPROVAL OF MINUTES:
A. October 12, 2010 -Special/Workshop Meeting (Approved, 5-0)
B. October 19, 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. QUEST FOR SIDEWALK DEFERRAL/511 SOUTH OCEAN
BOULEVARD: Approve a request to defer the installarion of a sidewalk for the
property located at 511 South Ocean Boulevard.
B. QUEST FOR SIDEWALK DEFERRAL/125 SEABREEZE AVENUE:
Approve a request to defer the installation of a sidewalk for the property= at 125
Seabreeze Avenue.
c. MOVED r0 I rEM 9.A.A. ON rHE REGULAR AGENDA
D. RESOLUTION NO. 64-10: Approve Resolution No. 64-10 supporring the
Department of Transportation's South Florida East Coast Corridor project from Jupiter
to Miami.
E. FOURTH AMENDMENT TO THE INTERLOCAL AGREEMENT/PALM
BEACH COUNTY: Approve the Fourth Amendment to the Interlocal Agreement
with Palm Beach County= in the amount of $98,897.00 supporting Weed and Seed
"seeding" efforts.
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F. AMENDMENT TO THE INTERLOCAL AGREEMENT/PALM BEACH
COUNTY/MARTIN LUTHER KING DRIVE: Approve an Amendment to the
Interlocal Agreement with Palm Beach Countj= to extend the date for final invoice
submission to December 31, 2011; and allow full access and cooperation with the
Inspector General to Citj= records for installation of decorative street lights along Martin
Luther King Jr. (MLK) Drive.
G. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD: Approve and ratify= the appointment of Ms. Margie Walden,
West Atlantic Redevelopment Coalition Representative, for an unexpired term ending
July 31, 2012.
H. SPECIAL EVENT REQUEST/TREE LIGHTING AND MENORAH
LIGHTING/ART AND JAZZ ON THE AVENUE: Approve a special event
request to endorse the Tree Lighting, Menorah Lighting and Art & Jazz on the Avenue
to be held on December 2, 2010 from 5:00 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
NE/SE 7th Avenue, and to the alley north of Atlantic Avenue on NE 1st Avenue, NE
2nd Avenue, Railroad Way=, and NE 4th Avenue and from Atlantic to the alley= south on
SE 1st Avenue, SE 2nd Avenue, SE 3rd Avenue and SE 4th Avenue; to authorize staff
support for security=, traffic control, banner hanging and removal, barricade set up and
removal, trash removal, clean up, EMS assistance and use of the large City= stage;
contingent upon receipt of the Hold Harmless Agreement.
I. SPECIAL EVENT REOUEST/HOWARD ALAN 22nd ANNUAL DELRAY
BEACH FESTIVAL OF THE ARTS: Approve a special event request for the 22nd
Annual Delray=Beach Festival of the Arts sponsored by= Howard Alan Events, Ltd. to be
held on January 15-16, 2011 from 10:00 a.m. to 5:00 p.m., granting a temporary use
permit per LDR Section 2.4.6(F) for use of City= rights-of-wad= on Atlantic Avenue from
the east side of N.E. 6th Avenue to Bronson, and the Gladiola lot (S.E. 6th Avenue) for
vendor parking authorize staff support for security= and traffic control, barricade
assistance, EMS assistance, and permit an event sign to be erected on Atlantic Avenue
just east of I-95 fourteen (14) days prior to the event with the sponsor paying all
overtime costs.
J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by= the Land Development Boards for the period
October 18, 2010 through October 29, 2010.
K. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Chaz Equipment Environmental Services, Inc. in the amount
of $26,176.00 for the Rehabilitation of Lift Station #50's wet well. Funding is
available from 442-5178-536-68.53 (Water and Sewer Renewal & Replacement
Fund: Improvements other/Wet Well Rehabilitation Building Lift Station).
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2. Purchase award to Chaz Equipment Environmental Services, Inc. in the amount
of $50,000.00 for Sanitarj= Sewer Manhole Rehabilitation program under the
terms and conditions of the current annual contract. Funding is available from
442-5178-536-63.82 (Water & Sewer Renewal & Replacement Fund:
Improvements Other /Sanitary= Sewer MH Rehab).
3. Purchase award in the amount of $39,259.70 to DGG Taser to replace fort=-six
(46) Tasers. Funding is available from 001-2111-521-52.27 (General Fund:
Operating Supplies/Equipment < X1,000).
9. REGULAR AGENDA:
~. CHANGE ORDER NO. 1 (CONTRACT ADDITION)/BRANG
CONSTRUCTION, INC.: Approve Change Order No. 1 (Contract Addirion) in the
amount of $653,303.08 to Brang Construcrion, Inc., and a contract extension of 62
calendar dad=s for installarion of a reclaimed water transmission and distribution s~=stem
along the Marrin Luther King Jr. Drive Beautification project. Funding is available from
441-5181-536-65.96 (Water and Sewer Fund: Other Improvements/Reclaimed Water
Transmission). (ilLotion to approve,llppro~-ed, 5-0)
A. CONSIDERATION OF AN APPEAL/125 SEABREEZE AVENUE: Consider
an appeal of an administrative interpretation b~= the Director of Planning & Zoning that
a proposed single family= residence within the North Beach Overlay= District at 125
Seabreeze Avenue is a two story building. (Quasi Judicial Hearing) (~~Iotion to adopt
l_7oard order as presented; 1pproved, 4-1. Commissioner Cpra~- dissenting)
B. CONDITIONAL USE REQUEST/THE HARTMAN HOUSE: Consider
approval to allow the establishment of a bed and breakfast inn within the Medium
Density Residenrial (RM) zoning district for the property located at 302 N.E. 7th
Avenue, Individually= Designated on the Local Register of Historic Places as The
Hartman House. (Quasi Judicial Hearing) (~~Iotion to adopt board order as presented;
1lppro~-ed, 5-0)
C. REQUEST FOR IN-LIEU PARKING SPACE/BRIGHT HORIZONS d/b/a
32 EAST: Consider a request from Bright Horizons d/b/a 32 East for the purchase of
one (1) in-lieu parking space in the amount of $15,600.00. Thirtj=-Two East is located at
32 East Atlantic Avenue. (Quasi Judicial Hearing) ((First ~~Iotion to adopt board order
as presented;llppro~-ed, 5-0. Second 1Lotion to appro~-e agreement; 1lppro~-ed, 5-0)
D. CONSIDER APPROVAL OF CHANGES TO SPECIAL EVENTS POLICIES
AND PROCEDURES: Consider approval of proposed changes to the Special Events
Policies and Procedures with an immediate effecrive date. (1~~Iotion to approve, Approved,
5-0)
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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, granring a temporarj= use permit per
LDR Section 2.4.6(F) for the closure of N.E. 2nd Avenue from the alley just north of
Atlanric Avenue north to approximately 400' north of N.E. 3rd Street, to authorize staff
support for traffic control, barricade inspecrion, and fire inspector services; to permit an
event sign on Atlantic Avenue just east of I-95 fourteen (14) days prior to the event
with the sponsor paying all overtime costs; and to grant an appeal from Section III (G)
of the Event Policies and Procedures to allow this event. (1~~Iotion to approve event as
requested; 1lppro~-ed, 5-0)
F. AMENDMENT NO. 3 TO THE RENEWAL LEASE
AGREEMENT/DELRAY BEACH HISTORICAL SOCIETY: Consider approval
of Amendment No. 3 to the Renewal Lease Agreement with the Delray Beach
Historical Society for Cason Cottage and a one (1) year operating grant request. (1~~Iotion
to approve,llppro~-ed, 5-0)
G. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1)
regular member to the Police Advisor= Board for an unexpired term ending July 31,
2012. Based upon the rotation system, the appointment will be made by Commissioner
Frankel (Seat #3). (Commissioner Frankel deferred his appointment to the November 16,
2010 Regular Commission 1Leeting)
H. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) regular member (for Zone 3) to the Neighborhood Advisor=
Council to serve a three (3) year term ending July 31, 2013 and one (1) regular member
(for Zone 1) to serve an unexpired term ending July 31, 2013. Based upon the rotation
system, the appointments will be made by Mayor McDuffie (Seat #5) and
Commissioner Fetzer (Seat #2). (Appointed Linda Laurence-Lich and approved, 5-0.
Commissioner Fetzer deferred his appointment to the Noveml_7er 16, 2010 Regular Commission
1Leeting)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 37-10: Consider a citj= iniriated amendment to the Land
Development Regulations (LDR) Section 6.3.3., "Sidewalk Cafe", amending the
regulations. (ilLotion to approve, 1lppro~-ed, 5-0)
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.
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12. FIRST READINGS:
A. ORDINANCE NO. 38-10: Consider amending Chapter 33, "Police and Fire-Rescue
Departments", Section 33.65, "Administration", to modify= the board member
designations for Fire Chief and Police Chief. If passed, a public hearing will be held on
November 16, 2010. (1~~totion to approve; L7} i~JIEI7, 3-2. Commissioner C~rav and
Commissioner Frankel dissenting)
B. ORDINANCE NO. 40-10: Consider calling for a referendum on proposed revisions
to the Charter of the City of Delray Beach to amend Article III, "Legislative", Section
3.02, "City= Commission: Composition, Eligibilitj=, Election, and Terms' ; and amend
Article V, "Elections", Section 5.02, "Types of Elections"; to provide for a change in
the length of a term from a two (2) year term to a three (3) year term; providing for a
referendum election to be held on March 8, 2011. If passed, a public hearing will be
held on November 16, 2010. (1~~totion to approve, Approved, 3-2. Commissioner Eliopot~los
and Commissioner Fetzer dissenting)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. Citj=Manager
B. Citj=Attorney
C. Citj=Commission
POSTED: OCTOBER 29, 2010
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