01-04-11 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, Tanuar~, 2011 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.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
A. December 7, 2010 -Regular Meeting (Approved, 5-0)
B. December 14, 2010 -Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Marrin Luther King, Jr. Day -January 17, 2011
7. PRESENTATIONS:
A. Government Finance Officers Association Award -Certificate of Achievement for
Excellence in Financial Reporring
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. CONSULTING SERVICE AUTHORIZATION NO. 07-20/MATHEWS
CONSULTING, INC.: Approve Consulring Service Authorizarion No. 07-20 to
Mathews Consulting, Inc. in the amount of $60,000.00 for professional engineering
services related to the Lowson Boulevard Force Main Replacement. Funding is available
from 442-5178-536-68.74 (Water & Sewer Renewal & Replacement Fund:
Improvements Other/Lowson Blvd Fm).
B. AGREEMENT/ACHIEVEMENT CENTERS FOR CHILDREN AND
FAMILIES (,ACCF~ Approve an agreement between the Citj= of Delra~= Beach and
Achievement Centers for Children and Families (ACCF) in the amount of $52,000.00 to
carry out services at the Village Academy Beacon Center for FY 2010-2011. Funding is
available from 001-4111-572-83.01 (General Fund: Other Grants & Aid).
C. RESOLUTION NO. 01-11: Approve Resolurion No. 01-11 providing for a
referendum on the proposed charter amendment related to Commission terms to be
placed on the ballot as a Special Election item for the election to be held on March 8,
2011.
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D. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE: Approve
a special event request to endorse Art and Jazz on the Avenue to be held on Januarj= 27,
2011 from 6:00 p.m. to 10:00 p.m., to grant a temporary= use permit per LDR Section
2.4.6(F) for the closure of Atlanric Avenue from Swinton to the west side of N.E./S.E.
7th Avenue, Railroad Avenue from Atlantic north to the north side of the east/west
alley, and to the alleys north and south of Atlanric on N.E./S.E. 1st Avenue, N.E./S.E.
2nd Avenue, S.E. 3rd Avenue, and N.E./S.E. 4`h Avenue; to authorize staff support for
security= and traffic control, banner hanging and removal, barricade set up and removal,
trash removal and clean up and EMS assistance; contingent upon the receipt of an
updated Certificate of Liability= Insurance.
E. SPECIAL EVENT REQUEST/14th ANNUAL DOWNTOWN DELRAY
CRAFT FESTIVAL: Approve a special event request to endorse the 14th Annual
Downtown Delray= Craft Festival sponsored by= Howard Alan Events, Ltd. to be held
February 26-27, 2011 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per
LDR Section 2.4.6(F) for the use of N.E. 4th Avenue, two (2) blocks north of Atlantic
Avenue as well as use of the north end of Hand's parking lot for vendor parking, to
provide staff support for traffic control and security= and fire inspecrion services, and to
permit an event sign be erected on Atlantic Avenue just east of I-95, fourteen (14) day=s
prior to the event.
F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by= the Land Development Boards for the period
December 13, 2010 through December 31, 2010.
G. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to GPS Management Solutions, Inc. in the amount of
$33,329.80 for forty=-nine (49) Marcus GPS units for various departments'
vehicles with installation, on-site training and twelve (12) months monitoring.
Funding is available from multiple departments.
2. Purchase award to Zoll Medical Corporation in the amount of $51,180.00 for
three (3) Zoll E-Series monitor/defibrillators. Funding is available from 334-
2311-522-64.90 (General Construction Fund: Machinery/Equipment/Other
Machinery=/Equipment) .
3. Bid award to Vila and Son Landscape Corporation in the amount of
$140,204.88 for the West Atlanric Avenue Medians Landscape Project. Funding
is available from 334-3162-541-61.15 (General Construction Fund: Capital
Outlay=/Improvements- Medians).
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9. REGULAR AGENDA:
A. WAIVER REQUESTS/BRIGHT HORIZONS d/b/a 32 EAST: Consider two
(2) waiver requests to Land Development Regulations (LDR) Sections 4.4.13(F)(4),
"Front Setbacks", and 4.4.13(F)(8), "Structures Allowed Within Setback", to permit a
proposed balcony, support columns of the balcony-canopy, entry= arch columns and
attached high top tables to encroach within the front setback for Bright Horizons d/b/a
32 East located at 32 East Atlantic Avenue. (Quasi Judicial Hearing) (~~Iotion to
'I'ABL.E until the F'el_7ruxrv 1 ~, 2011 Regular 1Leeting,llppro~-ed, ~-0)
B. WAIVER REQUESTS/209 NORTH SWINTON AVENUE: Consider approval
of three (3) requests for waivers to Land Development Regulations (LDR) Sections
4.6.9(D)(3)(a-b), "Point of Access to the Street System", 4.6.16(H)(3)(d), "Perimeter
Landscape Strips", and 4.6.16 (H)(3)(i) "Terminal Landscape", associated with
reductions in the required driveway= width for 209 North Swinton Avenue. (Quasi-
Judicial Hearing) (1Lotion to adopt 1.7oard order as presented;llppro~-ed, ~-0)
C. CONDITIONAL USE REQUEST/FRANKLIN AT DELRAY BEACH:
Consider approval of a conditional use request to allow a residential density= of up to 22
dwelling units per acre for a proposed multiple family development known as Franklin
at Delray Beach, located on the west side of South Federal Highway, approximately 320
feet south of S.E. 10th Street and north of the Plaza at Delray. (Quasi Judicial
Hearing) (1Lotion to adopt 1.7oard order as presented;llppro~-ed, ~-0)
D. REOUETT TO WAIVE FEES FOR STAFF AND USE OF POMPEY PARK
FACILITIES FOR THE DR. MARTIN LUTHER KING, TR. HOLIDAY
CELEBRATION: Consider a request to waive field permit and facilitj= rental fees and
provide staff support at Pompey Park on January 15, 2011 from 8:00 a.m.-12:00 p.m.,
and January 17, 2011 from 11:00 a.m.-5:00 p.m., for the Dr. Martin Luther King, Jr.
Holiday=Celebration. (ilLotion to approve,llppro~-ed, ~-0)
E. DESIGNATE A CHAIRPERSON TO THE PUBLIC EMPLOYEES
RELATIONS COMMISSION: Designate a cbaiz~ezson to the Public Employees
Relations Commission (PERC). (~~Iotion to nominate }~dward Desmond as chairperson;
1lppro~-ed, ~-0)
F. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) regular member to the Code Enforcement Board to serve a three (3) year term
ending January 14, 2014. Based upon the rotation system, the appointment will be
made by Commissioner Frankel (Seat #3). (Appointed Kelli Freeman and approved, 5-0)
G. APPOINTMENT TO THE GENERAL EMPLOYEES RETIREMENT
FUND COMMITTEE: Appoint one (1) regular member to the General Employees
Retirement Fund Committee to serve an indefinite term. Based upon the rotation
system, the appointment will be made by Commissioner Eliopoulos (Seat #1).
(1ppointed James Smith and appro~-ed, ~-0)
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H. 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 on the rotation system, the appointment will be made by Commissioner
Frankel (Seat #3). (Appointed Barbara Chester and approved, 5-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 44-10: Consider approval to amend Chapter 112, "Alarm
Systems", of the Code of Ordinances. (1~~Iotion to approve, Approved, 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". (1~~Iotion 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.
12. FIRST READINGS:
A. ORDINANCE NO. 02-11: Citj= initiated amendment to the Land Development
Regularions (LDR) Section 4.5.3, "Flood Damage Control Districts", to add new
regulations to conform with changes in State laws. If passed, a public hearing will be
held on January 18, 2011. (1~~Iotion to approve, Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. Citj=Manager
B. Citj= Attorney=
C. Citj=Commission
POSTED: DECEMBER 30, 2010
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