11-16-10 Agenda Results Regular MeetingCity of Delray Beach
Re ular 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 16, 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.
A. Atlanric Communitj= High School Criminal Justice Academy= Honor Guard Presentation
of Colors
4. AGENDA APPROVAL. (lbayor 1Lc~I7uffie noted Ttem ~.N., CBrant 1lgreement/I7elray 13eac~h
F-Iistorical Soc~iet~-, Tnc~., ,vas mo~-ed to the Regular 1lgenda as Ttem 9.11.11.. 1lppro~-ed as amended, 5-0)
5. APPROVAL OF MINUTES:
A. November 2, 2010 -Regular Meeting (Approved, 5-0)
B. November 9, 2010 -Workshop Meering (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing and Commending Ocean Rescue Officer EMT, Lindsay Kenney
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: City Manager Recommends Approval (Approved as amended, 5-0)
A. QUEST FOR SIDEWALK DEFERRAL/1019 and 1020 LAKE SHORE
DRIVE: Approve a request to defer the installation of a sidewalk along Lake Shore
Drive for the property located at 1019 and1020 Lake Shore Drive.
B. ACCEPTANCE OF A SIDEWALK EASEMENT/ALOHA CLEANERS:
Approve and accept a sidewalk easement along N.E. 2nd Street for Aloha Cleaners
located at 501 N.E. 2nd Street.
C. UTILITY EASEMENT AGREEMENT/FLORIDA POWER & LIGHT
(FPL)/SOLID WASTE AUTHORITY (SWA) SOUTH COUNTY TRANSFER
STATION: Approve an easement agreement between the City= and Florida Power &
Light (FPL) fora 10-foot Utilitj=Easement at the Solid Waste Authoritj= (SWA) South
Count]=Transfer Station.
D. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1. FINALI IMPERIAL
ELECTRICAL, INC.: Approve a Contract Closeout (Change Order No. 1, Final) in
the amount of a $20,000.00 decrease and final pad=ment amount of $14,625.50 to
Imperial Electrical, Inc. for the completion of EECBG Pompey Park Sports Lighring
Upgrade. Funding is available from 101-6352-519-46.94 (ARRA Economic Stimulus
FD: Repair and Maintenance Services/74 Energj=Efficient Green Lights).
11/16/2010
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E. SERVICE AUTHORIZATION NO. 07-03/WANTMAN GROUP,
INC.: Approve Service Authorizarion No. 07-03 in the amount of $18,568.00 with
Wantman Group, Inc. for additional design services for S.W. 2nd Street Beaurification
Project. Funding is available from 334-3162-541-65.95 (General Construction Fund:
Capital Outlay=/S.W. 2nd Street Beaurification) and 448-5461-538-65.95 (Storm Water
Utilitj= Fund: Other Improvements/S.W. 2nd Street Beautificarion).
F. CONSULTING SERVICES AUTHORIZATION/PBS & j, INC.: Approve a
Consulring Services Authorizarion in the amount of $49,805.00 to PBS & J, Inc. for the
construction administration services of the Atlantic Avenue Gateway=
Feature located on Atlantic Avenue between I-95 and N.W./S.W. 12th Avenue.
Funding is available from 334-3162-541-68.09 (General Construction Fund: Other
Improvement/Atlantic Avenue Gateway= Feature).
G. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/PUBLIC ART
ADMINISTRATION: Approve an Interlocal Agreement with Palm Beach Countj=
for support in administering various aspects of public art within the City=.
H. INTERLOCAL AGREEMENT/PALM BEACH COUNTY DROWNING
PREVENTION COALITION (,DPC~ Approve an Interlocal Agreement with Palm
Beach Count= for pad=ment of swimming lesson fees not to exceed $50.00 per class for
the Learn to Swim Program at Pompe~= Park and the Delra~= Swim and Tennis Center
through the Drowning Prevention Coalition of Palm Beach Count=.
I. DISASTER RECOVERY INITIATIVE (DRI) /HOUSING
REHABILITATION GRANT/CONTRACT AWARD: Approve one (1) Housing
Rehabilitarion grant award for the propert= located at 619 S.W. 10th Street to Cit~vide
Construcrion Services, Inc. in the amount of $29,015.58, the lowest responsive bidder,
for housing rehabilitation under the Disaster Recoverj= Initiative (DRI) Program.
Funding is available from 118-1960-554-49.19 (Neighborhood Services: Other Current
Charges/ Housing Rehabilitation).
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBGI SUB-
RECIPIENT FUNDING AGREEMENT/URBAN LEAGUE OF PALM
BEACH COUNTY, INC.: Approve and authorize execution of a Sub-Recipient
Funding Agreement with the Urban League of Palm Beach Count=, Inc. under the
Community Development Block Grant (CDBG) program for FY 2010-2011, with total
funding in the amount of X6,000.00. Funding is available from 118-1966-554-83.01
(Neighborhood Services: Other Grants and Aids).
K. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT/FAIR HOUSING CENTER OF
THE GREATER PALM BEACHES, INC.: Approve and authorize execution of a
Sub-Recipient Funding Agreement with the Fair Housing Center of the Greater Palm
Beaches, Inc. under the Communit= Development Block Grant (CDBG) program for
FY 2010-2011, with total funding in the amount of X8,000.00. Funding is available from
118-1961-554-49.17 (Neighborhood Services: Other Current Charges/Promotion of
Fair Housing).
11/16/2010
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L. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT/ACHIEVEMENT CENTERS FOR
CHILDREN AND FAMILIES: Approve and authorize execution of aSub-Recipient
Funding Agreement with Communitj= Child Care Center (d/b/a Achievement Centers
for Children and Families) under the Community= Development Block Grant (CDBG)
program for FY 2010-2011, with total funding in the amount of X80,000.00. Funding is
available from 118-1966-554-82.09 (Neighborhood Services: Aid to Private
Organizations/Child Care Center).
M. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD: Approve and ratify= the appointment of Mr. Carj=
Glickstein, alternate Planning and Zoning Board representative, for an unexpired term
ending July 31, 2012.
N. MOVED TO ITEM. 9.A.A. ON THE REGULAR AGENDA
O. DOWNTOWN MARKETING CO-OPERATIVE AGREEMENT: Approve the
Downtown Marketing Co-Operative Agreement.
P. SPECIAL EVENT REOUEST/13th ANNUAL FIRST NIGHT 2011: Approve a
special event request to endorse the 13th Annual First Night 2011 event on December
31, 2010 from 4:00 p.m. to midnight, granting a temporarj= use permit per LDR Section
2.4.6(F) for the use of City= rights-of-wad= and faciliries as requested, and to authorize
generator use and staff support for traffic control and securitj=, site cleanup and trash
removal, barricade set up and removal, signage construction and installation, and EMS
services.
Q. SPECIAL EVENT REQUEST/12th ANNUAL GARLIC FESTIVAL: Approve a
special event request for the 12th Annual Garlic Festival to be held February 11-13,
2011, and grant a temporarj=use permit per LDR Section 2.4.6(F) for use of Citj= rights-
of-wad= to include N.E. 1 st Avenue from Atlantic to the grass area at Old School Square,
Swinton Avenue from Atlantic to N.E. 1st Street and Old School Square Park, from
6:00 a.m., February 11 through midnight, February 13, 2011 and use of the Old School
Square Parking Garage, Citj= Hall north lot, and City= Attorney= lot, and authorize staff
support for traffic control and securitj=, EMS assistance, barricading, banner hanging,
and signage preparation and installation, use of city= generator, and waiver of the two (2)
hour parking limit in the downtown area during the event subject to the conditions
listed in the staff report.
R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made b~= the Land Development Boards for the period
November 1, 2010 through November 12, 2010.
11/16/2010
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S. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Rosso Paving and Drainage in the amount of $29,246.00 to
construct an alley= north off Tropic Boulevard. Funding is available from 448-
5461-538-63.90 (Storm Water Utility= Fund: Improvements Other/Other
Improvements).
9. REGULAR AGENDA:
AA. GRANT AGREEMENT/DELRAY BEACH HISTORICAL SOCIETY, INC.:
Approve a grant in the amount of $30,000.00 from the City= to the Delra~= Beach
Historical Society, Inc. Funding is available from 001-6311-572-83.07 (General Fund:
Other Grants & Aid/DB Historical Society- Cason Cottage). (1~~Iotion to approve,
1lppro~-ed, 5-0)
A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION:
ATLANTIC OCEAN CLUB: Consider an appeal of the Site Plan Review and
Appearance Board's decision regarding Atlantic Ocean Club located at 217 & 219 East
Atlantic Avenue. (Quasi Judicial Hearing)) (~~Iotion to adopt board order as presented;
1lpproved, 4-1. Commissioner F?liopoulos dissenting)
1. WAIVER REQUEST/ATLANTIC OCEAN CLUB: Consider a waiver
request to Land Development Regulations (LDR) Section 4.4.13 (F) (4) (c) (2),
"Upper Levels" regarding the required building frontage and front setback for
Atlantic Ocean Club. (Quasi Judicial Hearing) (~~Iotion to adopt board order as
presented; 1lppro~-ed, 5-0)
B. WAIVER REQUESTS/DALLEY LAW OFFICE: Consider four (4) waiver
requests to Land Development Regulations (LDR) Sections 4.4.13(F)(4)(a), "Front
Setbacks", 4.4.13 (F) (4) (b) (1), "Lower Levels", 4.4.13 (F) (1) (a), "Height", and
4.6.18 (B) (14) (iv) (2), "Windows and Doors", regarding building frontage, front
setback, height, and building material surface requirements for Dalle~= Law Office
located at 35 S.E. 6th Avenue. (Quasi Judicial Hearing) (~~Iotion to adopt board order
as presented; 1lppro~-ed, 5-0)
C. WAIVER REOUESTS/TEMPORARY USE PERMIT/DELAIRE COUNTRY
CLUB: Consider a request for a temporary= use permit and two (2) waiver requests to
allow installation of a self contained portable kitchen trailer associated with Delaire
Country= Club located at 4645 White Cedar Lane. (Quasi Judicial Hearing) (1=First
1Lotion to adopt 1.7oard order as presented; 1lppro~-ed, 5-0. Second 1Lotion to appro~-e
temporary- use permit sul_7jec~t to c~ondition;llppro~-ed, 5-0)
D. PROPOSAL FOR COMPREHENSIVE ANALYSIS OF FIRE
SERVICES/ICMA PUBLIC SAFETY SERVICES: Consider a proposal from
ICMA Public Safety Services for a Comprehensive Analysis of Fire Services. (1~~Iotion to
approve,llppro~-ed, 5-0)
11/16/2010
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E. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular
member to the Education Board to serve an unexpired term ending July 31, 2011. Based
upon the rotation system, the appointment will be made by Commissioner Gray (Seat
#4). (C:ommissioner ~aray deferred her appointment to the I7ec~eml_7er 7, 2010 Regular
Commission 1Leeting)
F. 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). (1ppointed Tsal_7e1 1Lake and appro~-ed, ~-0)
G. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one
(1) regular member to the Public Art Advisor]=Board for an unexpired term ending July
31, 2011. Based upon the rotation system, the appointment will be made by Mayor
McDuffie (Seat #5). (Appointed Ora Sorenson and approved, 5-0)
H. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) regular member for Zone 1 to the Neighborhood Advisor= Council to
serve an unexpired term ending July 31, 2013. Based upon the rotation system, the
appointment will be made by Commissioner Fetzer (Seat #2). (Appointed Susan Sims and
appro~-ed, ~-0)
10. PUBLIC HEARINGS:
A. 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. (1~~Iotion to approve, Approved, 3-2.
Commissioner F?liopoulos and Commissioner Fetzer dissenting)
B. RESOLUTION NO. 61-10/CONTRACT FOR SALE AND
PURCHASE/DELRAY BEACH HOUSING AUTHORITY/614 S.W. 6`''
AVENUE: Consider approval of Resolution No. 61-10, a Contract for Sale and
Purchase between the Citj= and Delray Beach Housing Authoritj= for the propertj=
located at 614 S.W. 6`h Avenue in the amount of X10.00. (1~~Iotion to approve, Approved, 5-
0)
C. RESOLUTION NO. 62-10/CONTRACT FOR SALE AND
PURCHASE/DELRAY BEACH HOUSING AUTHORITY/616 S.W. 9`''
STREET: Consider approval of Resolution No. 62-10, a Contract for Sale and
Purchase between the Citj= and Delray Beach Housing Authority= for the propertj=
located at 616 S.W. 9`h Street in the amount of X10.00. (1~~Iotion to approve, Approved, 5-
0)
11/16/2010
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D. RESOLUTION NO. 63-10/CONTRACT FOR SALE AND
PURCHASE/DELRAY BEACH HOUSING AUTHORITY/1212-1214 S.W. 2na
AVENUE: Consider approval of Resolution No. 63-10, a Contract for Sale and
Purchase between the Citj= and Delra~= Beach Housing Authoritj= for the propertj=
located at 1212-1214 S.W. 2na Avenue in the amount of X10.00. (~~~otion 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. None
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. Citj=Manager
B. Citj= Attorney=
C. Citj=Commission
POSTED: NOVEMBER 12, 2010
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