12-07-10 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, December 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 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.
5. APPROVAL OF MINUTES:
A. November 16, 2010 -Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. None
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL) ROSSO
PAVING & DRAINAGE INC.: Approve Contract Closeout (Change Order No.
2/Final) in the net deduct amount of $790.20 and final pad=ment amount of $6,901.78 to
Rosso Paving & Drainage, Inc. for the completion of the Dixie - US1 Connector (N.E.
22nd Lane). Funding is available from 334-3162-541-63.83 (General Construction
Fund: Improvement Other Than Buildings/Dixie Highway= - US 1 Connector).
B. SERVICE AUTHORIZATION NO. 19/MATHEWS CONSULTING. INC.:
Approve Service Authorization No. 19 with Mathews Consulting, Inc. in the amount of
$45,686.00 for Lift Station 100A Capacity= Study=. Funding is available from 442-5178-
536-31.30 (W & S Renewal & Replacement Fund: Professional Services/Engineering/
Architect).
C. GRANT AWARD/ALTERNATIVE WATER SUPPLY GRANT/SOUTH
FLORIDA WATER MANAGEMENT DISTRICT (SFWMD~ Approve and
accept an Alternative Water Supp1~= (AWS) grant award from the South Florida Water
Management District (SFWMD) in the amount of $210,900.00 to provide
supplementarj= funding for the Area 11B Reclaimed Water S~=stem expansion.
D. AMENDMENT NO. 2 TO THE LEASE AGREEMENT/PALM BEACH
COUNTY/ HEAD START FACILITY: Approve Amendment No. 2 to the Lease
Agreement with Palm Beach Count= for the Head Start Facilitj= at Catherine Strong
Park.
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E. RELEASE OF LIMITED ACCESS EASEMENT AGREEMENT:
Approve release of a limited access easement that is over the south propertj= line,
adjacent to Tamarind Road, on the northeast corner of Tamarind Road and Seasage
Drive.
F. APPROVE AND ACCEPT A TEMPORARY CONSTRUCTION
EASEMENT: Approve and accept a temporary= construction easement for
construction of a brick paver public plaza at the S.W. corner of Martin Luther King, Jr.
Drive and N.W. 5th Avenue.
G. A~UISITION AGREEMENT WITH ACS GOVERNMENT SERVICES,
INC. / FIREHOUSE SOFTWARE: Approve an acquisition agreement with ACS
Government Services, Inc. for Firehouse Software.
H. SPECIAL EVENT REQUEST/43rd ANNUAL SAINT PATRICK'S DAY
PARADE AND PARTY: Approve a special event request for the 43rd Annual St.
Patrick's Day Parade and Party on Saturday, March 12, 2011, beginning with setup at
11:00 a.m., parade starting at 2:00 p.m. and ending at approximately 4:00 p.m., and an
event at Old School Square from 11:00 a.m. to 7:00 p.m.; to grant a temporary= use
permit per LDR Section 2.4.6(F) for the use of Atlantic Avenue from Andrews Avenue
to NW 1st Avenue for the parade, Atlantic Avenue from Andrews Avenue to the bridge
with overflow on East Drive to Lowrj= Street and Gleason Street for staging of parade
entries, and NE 1st Avenue from Atlantic Avenue to the east/west alley; and to
approve staff support for traffic control and securitj=, barricading, EMS assistance, use
of half of the small stage and to allow event signage to be put up fourteen (14) days
prior to the event; contingent upon receipt of the required Certificate of Liability=
Insurance and Alcohol Liability Insurance by March 2, 2011.
I. SPECIAL EVENT REQUEST/49th ANNUAL DELRAY AFFAIR: Approve a
special event request from the Chamber of Commerce to endorse the 49th Annual
Delray Affair to be held on April 15-17, 2011, to grant a temporary use permit per
LDR's Section 2.4.6 (F) for use of City= propertj= and rights-of--way as requested, to allow
all vendor permits to be assigned and approved by the Chamber of Commerce, to allow
this to be the only event held on these dates in the Citj=, to provide a waiver of parking
time restrictions in the downtown area during the event, and to provide staff support as
requested; contingent upon the conditions of approval listed in the staff report.
J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
November 15, 2010 through December 3, 2010.
K. AWARD OF BIDS AND CONTRACTS:
1. Contract award to MWI Corporation in the amount of X16,237.00 for the
rebuild of storm water pump #2 at the Atlantic Avenue Storm Water Pump
Station. Funding is available from 448-5461-538-68.18 (Storm Water Utilitj=
Fund: Other Improvement/Storm Water Pump Station Rehab).
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2. Purchase award to Springfield Armorj= in the amount of $28,630.36 to purchase
twentj=-two (22) Springfield TRP .45 ACP caliber handguns. Funding is
available from 112-2172-521-64.90 (Law Enforcement Trust Fund FD:
Machinerj=/Equipment/Other Machinerj=/Equipment).
9. REGULAR AGENDA:
A. CONDITIONAL USE REQUEST/TOTTERDALE TOWING
SERVICES: Consider approval to allow the establishment of a towing service with an
outside storage facility for Totterdale Towing Services, located at 101 N.W. 18th
Avenue (Northeast corner of N.W. 18th Avenue and Mart= Fladell Dr. [N.W. 1st
Street]). (Quasi-judicial Hearing) (1~lotion to adopt board order as presented; Approved,
5-0)
B. SPECIAL EVENT REQUEST/CARNEVALE OF DELRAY BEACH: Consider
a special event request from Joe LaViola, a private promoter, for a first time event,
Carnevale of Delra~= Beach, an Italian Festival, proposed to be held on the grounds of
Old School Square and Old School Square Park on March 25-26, 2011 from noon to
11:00 p.m., and March 27, 2011 from noon to 10:00 p.m.; and to approve staff support
for securit=, trash removal, cleanup assistance, trash boxes, EMS assistance and allow
event signage to be put up fourteen (14) dad=s prior to the event; contingent
upon conditions listed in the staff report (1~~Iotion to approve with conditions, Approved, 5-
0)
C. CONSULTING SERVICE AUTHORIZATION/CURRIE SOWARDS
AGUILA ARCHITECTS: Consider approval of a Consulting Service Authorization
with Currie Sowards Aguila Architects in the amount of $25,250.00 for
professional design services for the first phase of rehabilitation of the Pompe~= Park
Concession Stand Building. Funding is available from 334-4127-572-62.10 (General
Construction Fund: Buildings). (1~~Iotion to approve with the contractor to work with staff to
de~-elop a more specific scope of ~,vork,llppro~-ed, 5-0)
D. 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 s~=stem, the appointment will be made b~= Commissioner Grad= (Seat
#4). (1lppointed 1Lvra I.ea~-~- Bazemore and appro~-ed, 5-0)
E. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1)
alternate member to the Financial Review Board to serve an unexpired term ending Ju1~=
31, 2011. Based upon the rotation system, the appointment will be made by
Commissioner Frankel (Seat #3). (Commissioner Frankel deferred his appointment to the
I7eceml_7er 14, 2010 Regular Commission 1Leeting)
10. PUBLIC HEARINGS:
A. None
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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. 44-10: An ordinance amending Chapter 112 "Alarm Systems",
of the Code of Ordinances. If passed, a public hearing will be held on January= 4, 2011.
(ilLotion to approve, 1lppro~-ed, 5-0)
B. ORDINANCE NO. 45-10: Consider approval to amend Chapter 39, Section 39.01,
"Service Charge for Returned Checks", to make this section consistent with Florida
Statutes Section 166.251, "Service Fee for Dishonored Check". If passed a public
hearing will be held on January 4, 2011. (~~Iotion to approve, Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City= Manager
B. City= Attorney=
C. City= Commission
POSTED: DECEMBER 3, 2010
12/x/2010
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