01-18-11 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, Tanuary 1g, 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. (lbayor 1Lc~Duffie noted Ttem ~ }~., 11c~c~eptanc~e of Donation/Shelf- 11'eil
,vas moved to the Regular 1lgenda as Ttem 9.11..11..11.., Ttem ~.1-I., Resolution No. 05-11, ,vas moved to the
Regltlar 1lgenda as Ttem 9.11..11 and Ttem 9.CB., ,vas mo~-ed to Ttem 9.11.11.11.11. 1lppro~-ed as amended,
5-0)
5. APPROVAL OF MINUTES:
A. January 4, 2011 -Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing Black History Month -February 2011
7. PRESENTATIONS:
A. Senator Chris Smith -Legislative Update Presentation
B. RESOLUTION NO. 03-11: Approve Resolution No. 03-11 recognizing and
commending Thomas Quinlan for 30 ~=ears of dedicated service to the Citj= of Delra~=
Beach (1lppro~-ed, 5-0)
C. S.P.LR.LT. (Service, Performance, Integritj=, Responsibilitj=, Innovation, Teamwork)
Committee Quarterly= Awards Presentation
D. "You are Not Alone" -Delores Rangel
E. Recognizing and Commending Beverly Wright, Cerina Anderson and Patricia
Flowers for their contributions to the Annual Youth Summit and the planning,
organizing and implementation of the Brandon Flowers Football Camp
8. CONSENT AGENDA: City Manager Recommends Approval (Approved as amended, 5-0)
A. QUEST FOR SIDEWALK DEFERRAL/1109 BEACH DRIVE: Approve a
request to defer the installation of a sidewalk along Beach Drive for property= located
at 1109 Beach Drive.
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B. AMENDMENT NO. 2 TO THE CONTRACT WITH DEPARTMENT OF
ENVIRONMENTAL PROTECTION (,DEPT Approve Amendment No. 2 to the
Department of Environmental Protection (DEP) Contract No. 08PB2 between the Citj=
and DEP for the state's cost sharing for the Beach Renourishment Project.
C. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/ BRANG
CONSTRUCTION, INC.: Approve a Contract Closeout (C.O. No. 1 /Final) in the
amount of a $4,454.09 decrease and final payment in the amount of $3,775.30 to Brang
Construction, Inc., for completion of the Fire Rescue Main Bay Phase 2 Project.
Funding is available from 501-3312-591-62.10 (Garage Fund: Capital Outlay-
Building/Building).
D. EXTENSION TO THE PARKING AGREEMENT/ACCURATE PARKING
SERVICES: Approve an extension to the agreement with Accurate Parking Services
to allow staff time to process RFP 2011-07.
E. MOVED TO ITEM. 9.A.A.A. ON THE REGULAR AGENDA
F. LANDSCAPE MAINTENANCE AGREEMENT/SABINE REIS: Approve a
landscape maintenance agreement with Sabine Reis, owner of 511 South Ocean
Boulevard providing the right to install and maintain approved landscape materials in
the right-of--way.
G. INTERLOCAL AGREEMENT/SOUTH PALM BEACH COUNTY PUBLIC
SAFETY COMMUNICATIONS COOPERATIVE: Approve an updated
Interlocal Agreement between the City=, Palm Beach County=, Boca Raton and Boynton
Beach for the operation of radio communications systems to incorporate increased
maintenance and administrative costs and extend the agreement for five years with the
option to renew for an additional three years.
H. MOVED r0 I rEM 9.A.A. ON rHE REGULAR AGENDA
I. CHAMBER OF COMMERCE GRANT REQUEST: Approve a request from the
Chamber of Commerce to receive a grant in the amount of $30,000.00 for marketing
the City= to attract businesses.
ACQUISITION AGREEMENT /PUBLIC SAFETY CORPORATION /
CRYWOLF ALARM SOFTWARE: Approve an acquisition agreement with Public
Safetj= Corporation (I'SC) for their Crj~volf alarm software contingent upon approval of
the final agreement by the City Attorney. Funding is available from 334-2111-521-66.10
(General Construction Fund: Books/Publications/Software).
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K. SPECIAL EVENT REQUEST/13th ANNUAL CINCO DE MAYO FIESTA:
Approve a special event request to allow the 13th Annual Cinco De Mai=o Fiesta to be
held Saturday, May 7, 2011, from 11:00 a.m. - 11:00 p.m., at Old School Square, to
grant a temporarj= use permit per LDR Section 2.4.6(F) for use of the Old School
Square Park; to authorize staff support for traffic control and securitj=, trash removal,
EMS assistance, signage preparation and installation, and to approve use of the Old
School Square parking garage, City= generator, the small stage and three (3) sets of
bleachers; contingent on the receipt of a hold harmless agreement and receipt of a
certificate of liabilitj= insurance and liquor liability= insurance ten (10) dad=s prior to the
event.
L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made b~= the Land Development Boards for the period
January 3, 2011 through January 14, 2011.
M. AWARD OF BIDS AND CONTRACTS:
1. Bid award to CJ Contracring, LLC. in the amount of X72,360.75 for one (1) NSP
Housing Rehabilitarion project through the Communitj= Development Division
for 210 N.E. 5`h Court. Funding is available from 118-1935-554-62.12
(Neighborhood Services: Capital Outlay=/Acquisition Rehabilitation).
2. Contract award for three (3) Housing Rehabilitarion Grants through the
Community= Development Division to the lowest responsive bidders for the
following projects: 42 S.W. 13th Avenue to Cordoba Construction Company in
amount of X35,132.00, 224 S.W. 9th Circle to Citywide Construction Services,
Inc. in the amount of X15,018.35 and 915 S.W. 4th Street to Jemstone
Construcrion Group, Inc. in the amount of $22,019.46. Funding is available
from 118-1963-554-49.19 (Neighborhood Services: Other Current
Charges/Housing Rehabilitation).
3. Lease award to Mears Motor Leasing for 36 months in the total amount of
X113,087.52 for the lease of fourteen (14) vehicles for the Police Department's
Volunteer Program. Funding is available from 001-2111-521-44.40 (General
Fund: Rentals & Leases/Vehicles Rental/Lease).
4. Purchase award to NDI Recognition S~=stems in the amount of $27,900.00 for
two Automated License Plate Recognirion S~=stems (ALPRs). Funding is
available from 115-2112-521-64.90 (Special Projects Fund:
Machinery=/Equipment/Other Machinery=/Equipment).
5. Purchase award to Southern Sewer in the amount of $201,509.00 for the
purchase of a 2011 Vac-Con Sewer Cleaning Body=. Funding is available from
501-3312-591-64.25 (Garage Fund: Machinery/Equipment/Heavy Equipment).
6. Purchase award to Reichten International Trucks, Inc. in the amount of
$100,177.00 for the purchase of cab and chassis for Vac-Con Sewer Cleaner.
Funding is available from 501-3312-591-64.25 (Garage Fund:
Machinery=/Equipment/ Heavy= Equipment).
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9. REGULAR AGENDA:
AA. RESOLUTION NO. 05-11: Approve Resolution No. 05-11 to clarify= that the board's
duties shall fall under the direction of the Citj= Manager or Citj= Commission and restrict
employee membership of the board. (~~lotion to 'I'AB~.E, Approved, 5-0)
AAA. ACCEPTANCE OF DONATION/SHELLY WEIL: Authorize acceptance of a
donated Boy Scout sculpture from Shelly Weil. (Motion to approve, Approved, 5-0)
REQUEST FROM THE CREATIVE CITY COLLABORATIVE (CCCI TO
WAIVE COSTS: Consider a request from the Creative Citj= Collaborative to authorize
the quarterly= voluntarj= solicitarion of donarions for cultural programs and to waive
pad=ment to the Citj= of the printing and mailing costs esrimated to be $4,170.00 for
three (3) quarters. (First 1~~lotion to authorize quarterly vohu-~tarv solicitation of donations via
~,vater 1.7111; 1lppro~-ed, 3-2. Commissioner Cpray and Commissioner F?liopoulos dissenting.
Second lllotion to ~,~-aive payment, Denied, 4-1. Commission Fetzer dissenting.)
A. WAIVER REOUEST/BANDERA HOLDINGS OFFICE: Consider approval of a
waiver request to Land Development Regularions (LDR) Section 4.3.4 (H) (6) (b) (2),
"Special Landscape Setbacks", which requires a special landscape setback of 10' along
Federal Highway= for Bandera Holdings Office, located at the southwest corner of
North Federal Highway and N.E. 22nd Lane. (Quasi Judicial Hearing) (Commissioner
Eliopot~los filed a Conflict of Interest and left the dais. 1~lotion to adopt board order as
presented; 1lppro~-ed, 4-0)
B. WAIVER REQUEST/414 NORTH ANDREWS AVENUE: Consider approval of
a waiver request to Land Development Regularions (LDR) Section 7.9.5, "Standards
for Approval", that restricts docks to be no closer than ten (10) feet from the propertj=
line or adjacent propertj= or the distance established for the side ~=ard setback, whichever
is greater for the property= located at 414 North Andrews Avenue. (Quasi Judicial
Hearing (lllotion to adopt 1.7oard order as presented;llppro~-ed, 5-0)
C. QUEST FOR SIDEWALK DEFERRAL/DELRAY CHRYSLER JEEP
DODGE: Consider a request to defer the installation of a 5- foot sidewalk along the
east side of Old Dixie Highway in the rear of 2102 South Federal Highway. (1~~lotion to
appro~-e side~,valk deferral request, Denied, 5-0)
D. QUEST FOR SIDEWALK DEFERRAL/MELALEUCA ROAD ESTATE:
Consider approval of a request to defer installarion of a sidewalk adjacent to the right-
of-way along Melaleuca Road and Seasage Drive. (1~~lotion to approve sidewalk deferral
request; 1pproved, 4-1, lbayor 1lICI7uffie dissenting)
E. ACCEPTANCE OF A LIMITED ACCESS EASEMENT
AGREEMENT: Consider approval to accept a limited access easement agreement
associated with the construction of a new 1,125 sq. ft. one-story addirion for 316
Andrews Avenue. (Commissioner Eliopot~los filed a Conflict of Interest and left the dais.
lllotion to approve,llppro~-ed, 4-0)
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F. QUEST FOR SIDEWALK DEFERRAL/316 ANDREWS AVENUE:
Consider approval of a sidewalk deferral along both Andrews Avenue and Waterway=
Lane for the property located at 316 Andrews Avenue. (Commissioner Eliopot~los filed a
Conflict of Interest and left the dais. 1Lotion to approve, 1lppro~-ed, 4-0)
G. MOVED r0 I rEM 9.A.A.A.A. ON rHE REGULAR AGENDA
H. EXTENSION OF DEADLINE FOR REQUIRED RENTAL AGREEMENTS
AND DEPOSITS/CARNEVALE OF DELRAY BEACH: Consider a request
received from Joe LaViola to extend the deadline for required rental agreements with
Old School Square and the City and deposits from December 31, 2010 to January 31,
2011 for this event (ilLotion to approve; 1lpproved, 4-1. Commission Fetzer dissenting)
I. 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). (Appointed 1~Iartin Cherrv and approved, 5-0).
10. PUBLIC HEARINGS:
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 to changes in State laws. (Approved, 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. 01-11: Modification to the Gulfstream Building SAD (Special
Acriviries District) Ordinance 39-90, to reclassify= the uses listed within the ordinance
from condirional uses to principal (permitted uses) and to expand the list of uses to add
"one residential condominium on the 5th floor with a maximum of 4,925 sq. ft and a
maximum of four bedrooms. The Gulfstream Building n/k/a HHH Bush Building is
located on the north side of George Bush Boulevard east of the Intracoastal Waterway=
at 1177 George Bush Boulevard. If passed, a public hearing will be held on Februarj= 1,
2011. (1lppro~-ed, 5-0)
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13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City=Manager
B. City= Attorney=
C. Citj=Commission
POSTED: JANUARY 14, 2011
o1/1g/zo11
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