03-15-11 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, March 15, 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. (C:ommissioner Fetzer and Commissioner ~aray al_7sent)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (ilbayor 1Lc~I7uffie noted Ttem ~.(.~.4., 1'urc~hase 11~,vard/Senstts 1Letering
S~-stems, ,vas 12EM(J D due to a request 1.7~- staff, Ttem 9.I7., Rene~,val of 1?roperty and Casualty
Tnsttranc~e Broker's C:ontrac~t, ,vas 12EM(JVEI3 due to a request 1_ry staff, Ttem 9.11.., Consideration of an
1lppeal/The }1ec~tric }?~perienc~e ,vas I~OS'I'I~ONED due to a request 1.7~- the applicant. 1lppro~-ed as
amended, 3-0).
5. APPROVAL OF MINUTES:
A. March 1, 2011 -Regular Meeting (Approved, 3-0)
B. March 8, 2011 -Workshop Meeting (Approved, 3-0)
6. PROCLAMATIONS:
A. Water Conservation Month -April 2011
B. Fair Housing America Month -April 2011
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: City Manager Recommends Approval (Approved as amended, 3-0)
A. QUEST FOR SIDEWALK DEFERRAL/1011 SEAGATE DRIVE: Approve a
request to defer the installarion of a sidewalk along Seagate Drive for the propertj=
located at 1011 Seagate Drive.
B. SERVICE AUTHORIZATION NO. 07-15.2/MATHEWS CONSULTING,
INC.: Approve Service Authorizarion No. 07-15.2 with Mathews Consulring, Inc. in
the amount of $4,767.00 for the design of S.W. 12th Avenue/Auburn Avenue/S.W.
14th Avenue Improvements Project. Funding is available from 334-3162-541-68.04
(General Construction Fund: Other Improvement/S.W. 12th Avenue/Auburn/14th
Avenue).
C. SERVICE AUTHORIZATION NO. 07-13.2 /MATHEWS CONSULTING
INC. / RECLAIMED WATER EXPANSION -AREA 11B: Approve Service
Authorizarion No. 07-13.2 with Mathews Consulting, Inc. in the amount of X14,972.00
for construction management and inspecrion services relaring to the Area 11B
Reclaimed Water System project. Funding is available from 441-5181-536-65.96 (Water
and Sewer Fund: Other Improvements/Reclaim Water Transmission).
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D. PAYMENT OF INVOICE / CITY OF BOCA BATON: Approve pad=ment to the
Citj= of Boca Raton in the amount of $25,988.85 for water used through our
interconnect during emergency= repair of the 36" Raw Water Main at S.W. 10th Street
and 15th Avenue. Funding is from 441-5122-536-34.90 (Water & Sewer Fund: Other
Contractual Services).
E. CONTRACT CONTINGENCY EXPENDITURE/B & O CONSTRUCTORS
INC. /HISTORIC SUSAN B. WILLIAMS HOUSE: Approve a Contract
Conringency Expenditure with B & O Constructors, Inc. in the amount of X2,643.11 for
the Historic Susan B. Williams House project. Funding is available from the contract
conringenc~= allowance.
F. INDEPENDENT CONTRACTOR AGREEMENT /ROBERT BRAND:
Approve renewal of an Independent Contractor Agreement between the City= and
Robert Brand to conduct background invesrigations for prospecrive candidates for
police officer and non-sworn police employment. Funding is available from 001-2111-
521-34.90 (General Fund: Other Contractual Services).
G. INDEPENDENT CONTRACTOR AGREEMENT/HOWARD SCOTT
LUNSFORD: Approve renewal of an Independent Contractor Agreement between
the Citj= and Howard Scott Lunsford to conduct background investigarions for
prospective candidates for police officer and non-sworn police employ=ment. Funding is
available from 001-2111-521-34.90 (General Fund: Law Enforcement/Professional
Services/Other Professional Services).
H. D.U.I. GRANT APPLICATION/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT~ Provide authorization to submit a grant application
to the Florida Department of Transportation in the amount of X22,352.00 to continue
the implementation of a Driving Under the Influence (D.U.L) Enforcement program.
Matching funds to be available from various Police Department accounts.
I. FUNDING AGREEMENT/DELRAY YOUTH VOCATIONAL CHARTER
SCHOOL: Approve a Funding Agreement with Delra~= Youth Vocational Charter
School in the amount of $15,000.00 for two (2) Social Workers to provide counseling
services under the Weed & Seed Program (now known as the Coalition for Communit=
Renewal). Funding is available from 101-2137-521-83.01 (ARRA Economic Stimulus
FD: Other Grants & Aids).
FUNDING AGREEMENT/CHILDREN LEARNING AFTER SCHOOL
SESSIONS (C.L.A.S.S.~ Approve a Funding Agreement between the Citj= and
Children Learning After School Sessions (C.L.A.S.S.) in the amount of $15,000.00 to
provide academic enrichment to local students under the Weed & Seed Program (now
known as the Coalition for Community Renewal). Funding is available from 101-2137-
521-83.01 (ARRA Economic Stimulus FD: Other Grants & Aids).
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K. FUNDING AGREEMENT/GULFSTREAM GOODWILL INDUSTRIES:
Approve a Funding Agreement between the Citj= and Gulfstream Goodwill Industries in
the amount of $44,160.00 to support ex-offenders returning to targeted neighborhoods
within the Citj= under the Weed & Seed Program (now known as the Coalition for
Community Renewal).Funding is available from 101-2137-521-83.01 (ARRA Economic
Stimulus FD: Other Grants & Aids).
L. RESOLUTION NO. 10-11: Approve Resolurion No. 10-11 assessing costs for
abatement action required to remove nuisances on 20 properties throughout the City=.
M. SECOND AMENDMENT TO THE DECLARATION OF RESERVED
RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7TH AVENUE
RELATED TO THE ATLANTIC PLAZA PROJECT: Approve the Second
Amendment to the Declaration of Reserved Rights and Agreement not to Encumber
N.E. 7th Avenue regarding the abandonment and relocarion of N.E. 7th Avenue
between N.E. 1 st Street and East Atlantic Avenue to extend the rime to obtain site plan
certification b~= ninetj= dad=s.
N. WORKFORCE HOUSING COVENANT WITH ALTA CONGRESS OWNER
LLC.: Approve a Workforce Housing Covenant between the Citj= and Alta Congress
Owner, LLC., developer of the Alta Congress development.
O. SERVICE AUTHORIZATION NO. 17.1/SPATIAL FOCUS, INC.: Approve
Service Authorization No. 17.1 with Spatial Focus, Inc. in the amount of X4,250.00 for
technical assistance related to the SunGard Public Safety= software project. Funding is
available from 334-2111-521-31.90 (General Construcrion Fund: Professional
Services/Other Professional Services).
P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made b~= the Land Development Boards for the period
February 28, 2011 through March 11, 2011.
Q. AWARD OF BIDS AND CONTRACTS:
1. Bid award to All Phase Roofing & Construcrion, Inc. in the amount of
X101,493.00 for the following three (3) NSP Housing Rehabilitarion projects
through the Communitj=Development Division: 2707 S.W. 2nd Street, 518 S.W.
9th Court and 310 Southridge Road. Funding is available from 118-1934-554-
62.12 (Neighborhood Services: Capital Outlay=/Acquisition Rehabilitation) and
118-1935-554-62.12 (Neighborhood Services: Capital Outlay/Acquisition
Rehabilitarion).
2. Purchase award to Americas Generators in the amount of $54,642.00 fora 200
kilowatt backup generator. Funding is available from 442-5178-536-64.90
(Water and Sewer Renewal & Replacement Fund: Machinery=/Equipment/Other
Machinerj=/Equipment) .
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3. Purchase award to Florida Bullet, Inc. in the amount of $71,405.20 for the
purchase of ammunition. Funding is available from 001-2111-521-52.20
(General Fund: Operating Supplies/General Operation Supplies) and 001-2115-
521-52.19 (General Fund: Operating Supplies/SWAT Expenditures).
4. Purchase award to Sensus Metering S~=stems in the amount of $241,500.00 for
2,000 small water meters. Funding is available from 442-5178-536-61.81 (Water
& Sewer Renewal & Replacement Fund: Land/Water Meter Replacement
Program). (12EMOVED)
9. REGULAR AGENDA:
A. CONSIDERATION OF AN APPEAL/THE ELECTRIC EXPERIENCE:
Consider an appeal from an administrative interpretarion b~= the Director of Planning &
Zoning of Land Development Regularions (LDR) Section 4.4.13, "Central Business
District (CBD)", to consider motorized bic~=cles as an allowed use for The Electric
Experience, located at 1047 East Atlanric Avenue. (Quasi Judicial Hearing)
(I~(7S'I'I~(7NEI3 to 11pri1 5, 2011 Regular 1Leeting)
B. RECONSIDERATION OF CREATIVE CITY COLLABORATIVE (CCC
QUEST TO WAIVE COSTS: Reconsider a request from the Creative City=
Collaborative to waive reimbursement to the Citj= for printing and mailing costs,
estimated to be $4,170.00 for three (3) quarters, to include a solicitation in urilit~=
bills for voluntary donations to cultural programs. (~1~~Iotion to approve request to ovaive
costs ~,vith the C:it~- to recei~-e half of the proceeds until ~,ve get 1.7ack half of ~,vhat it cost
C:reati~-e C:it~- C:ollal_7orati~-e to do the mailings,llppro~-ed, 3-0)
C. GRANT AGREEMENT WITH PALM BEACH COUNTY & EXPANDING
AND PRESERVING OUR CULTURAL HERITAGE, INC• (EPOCH; C.
SPENCER POMPEY AMPHITHEATER: Consider a Grant Agreement between
Palm Beach Countj=, the Citj=, and EPOCH; and a commitment to provide supplemental
funding in the amount of $310,000.00 for redesign and construction of the proposed C.
Spencer Pompe~= Amphitheater on the Spade= Cultural Heritage Museum grounds.
Funding to be programmed in the 2011 /2012 Capital Improvement Plan. (~~Iotion to
'I'ABL.E9 Approved, 3-0)
1. AMENDMENT NO 3 TO THE LEASE AGREEMENT/SPADY
CULTURAL MUSEUM: Consider approval of Amendment No. 3 to the
Lease Agreement with Expanding and Preserving Our Cultural Heritage, Inc.
(EPOCH) regarding the Spade= House Multicultural Museum Properties;
conringent upon approval of the Grant Agreement with Palm Beach County=.
(ilLotion to 'I'~BL.E;1lppro~-ed, 3-0)
D. RENEWAL OF PROPERTY AND CASUALTY INSURANCE BROKER'S
CONTRACT: Consider whether to renew our current contract for insurance broker
services. (ItEM(J D)
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E. SERVICE AUTHORIZATION NO. 07-21/MATHEWS CONSULTING
INC. /AUTOMATIC METER READ SYSTEM (AMR, EVALUATION:
Consider approval of Service Authorization No. 07-21 to Mathews Consulting, Inc. in
the amount of $65,612.00 for professional services in conducting a Water Meter
Automatic Meter Read (AMR) System Evaluation. Funding is available from 441-5181-
536-31.90 (Water and Sewer Fund: Professional Services/Other Professional Services).
(ilLotion to 'I'~BL.E,1lppro~-ed, 3-0)
F. APPOINTMENT TO THE GREEN IMPLEMENTATION
ADVANCEMENT BOARD: Appoint one (1) regular member to the Green
Implementation Advancement 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 ~ara~'S appointment ,vas DEFE12112ED to the 11pri1 5, 2011 Regular
Commission 1Leeting)
G. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) regular
member to the Civil Service Board to serve a two (2) year term ending April 1, 2013.
Based upon the rotation system, the appointment will be made by Commissioner Fetzer
(Seat #2). (C:ommissioner F'etter's appointment ,vas DEFE12112ED to the 11pri1 5, 2011
Regular Commission 1Leeting)
H. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint two (2)
regular members to the Financial Review Board to serve unexpired terms ending July
31, 2011 and one (1) regular member to serve an unexpired term ending July 31, 2012.
Based upon the rotation system, the appointments will be made by Commissioner Gray
(Seat #4), Mayor McDuffie (Seat #5) and Commissioner Eliopoulos (Seat #1).
(1lppointed Peter 11rts and appro~-ed, 3-0; 1lppointed 1Lartin C:herrv and appro~-ed 3-0.
Commissioner CBra~'s appointment ,vas DEFE12112ED to the 11pri1 5, 2011 Regular
Commission 1Leeting)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 04-11 (FIRST READING/FIRST PUBLIC HEARINGI:
Privately initiated amendment to the Land Development Regulations (LDR) Section
4.4.13, "Central Business District", Subsection (D), "Conditional Uses and Structures
Allowed", to add "Escorted Segway Tours" as a conditional use and amending Section
4.3.3, "Special Requirements for Specific Uses", to enact a new Subsection (ZZZZ),
"Segway Tours and Segway Sales", to provide specific requirements for establishment
and operation of such uses; and amending Appendix "A", "Definitions". If passed, a
second public hearing will be held on April 5, 2011. (1~~Iotion to approve, Approved, 3-0)
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B. ORDINANCE NO. 09-11 (FIRST READING/FIRST PUBLIC HEARING
Consider amending the Land Development Regulations (LDR) b~= amending Sections
4.4.12, "Planned Commercial (I'C) District; 4.4.15, "Planned Office Center (POC)
District", 4.4.21, "Community Faciliries (CF) District"; enacring a new Secrion 4.5.18,
"Medical Arts Overlay= District", to provide for the creation and implementation of the
Medical Arts Overlay= District; and amending Appendix "A", "Definitions", of the Land
Development Regulations (LDR) to define "Insritutional Uses". If passed, a second
public hearing will be held on April 5, 2011. (~~Iotion to approve, Approved, 3-0)
C. ORDINANCE NO. 10-11 (FIRST READING/FIRST PUBLIC HEARING
Consider amending the Land Development Regulations (LDR) b~= repealing Secrion
4.3.3(d), "Residential and Non-Residential Licensed Service Provider Faciliries" in its
entiretj=; amending Sections 4.4.2 "Rural Residential (RR) Zone District", 4.4.3 "Single
Family= Residenrial (R-1) Districts", 4.4.5 "Low Densitj= Residential (RL) District", 4.4.6
"Medium Density= Residential (RM) District", 4.4.7 "Planned Residential Development
(PRD) District", 4.4.17 "Residential Office (RO) District", 4.4.24 "Old School Square
Historic Arts District (OSSHAD)", 4.4.29 "Mixed Residential Office and Commercial
(MROC) District", to include residential licensed service provider facilities as permitted
uses in these zoning districts; amending Secrions 4.4.6 "Medium Density= Residential
(RM) District"; 4.4.9 "General Commercial District" (GC), 4.4.13 "Central Business
District (CBD), 4.4.16 "Professional and Office District", 4.4.17 "Residenrial Office
(RO) District" and 4.4.24 "Old School Square Historic Arts District (OSSHAD)"; to
clarify= that residential licensed service provider faciliries and nursing homes are allowed
where other residential uses are allowed in these zoning districts; amending Appendix
"A" , "Definirions", in order to provide updated definitions of "Residential Licensed
Service Provider" and "Non-Residenrial Licensed Service Provider". If passed, a second
public hearing will be held on April 5, 2011. (~~Iotion to approve, Approved, 3-0)
D. ORDINANCE NO. 07-11: Consider repealing Ordinance No. 40-10 regarding
proposed revisions to the Charter of the City of Delray Beach. (~~Iotion to approve,
1lppro~-ed, 3-0)
E. ORDINANCE NO. 08-11: Consider approval to amend Chapter 112, "Alarm
Systems", by amending Secrions 112.20, "Applicarion For Alarm Registration;
Reporring Changes To Required Information; Renewal", and 112.21, "Harm
Registrarion Required; Penaltj= For Failure To Register", to provide that renewals shall
be filed b~= Mad= 1st each ~=ear and to clarify= registration requirements for fire alarms.
(ilLotion to approve, 1lppro~-ed, 3-0)
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. 05-11: Consider amending Chapter 132, "Offenses Against
Public Peace And Safet~', by enacring Section 132.10, "Electric Personal Assisrive
Mobility= Devices, (EPAMDS)", to regulate the use of such devices on citj= streets and
sidewalks. If passed, a public hearing will be held on April 5, 2011. (Approved, 3-0)
B. ORDINANCE NO. 06-11: Privately= initiated Future Land Use Map amendment from
(Medium Density= Residential 5-12du/ac) to GC (General Commercial) and rezoning
from RM (Medium Density= Residenrial) to AC (Automotive Commercial) fora 0.22
acre parcel located immediately= east of the exisring Presidenrial Auto Leasing and Sales,
located at the southeast corner of South Federal Highway= and Avenue "L". If passed, a
public hearing will be held on April 5, 2011. (Approved, 3-0)
C. ORDINANCE NO. 11-11: Consider a citj=-iniriated amendment to Land Development
Regularions (LDR) Appendix "A", "Definitions", to provide a revised definition for
Medical Office. If passed, a public hearing will be held on April 5, 2011. (Approved, 3-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. Citj=Manager
B. Citj= Attorney=
C. Citj=Commission
POSTED: MARCH 11, 2011
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