04-21-11 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
Thursday, April 21, 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. (1Lx~-or 1Lc~I7uffie noted Ttem x.11., Resolution 1~Jo. 14-11, Sul_7 Ttem x.11.1.,
Right-of-1`~'ay Deed 1lgreement/Franklin at Delray 13eac~h, Sul_7 Ttem x.11.2. 11c~cess }--easement
1lgreement/ F'loranda 1Lf=IZ?, I.I.C/~Je~,v Centttr~ }?xec~uti~-e Q~ ~ ~ i ~ s, I.I.C/Franklin at I7elra~- F3eac~h
and Sul_7 Ttem x.11.3., Indemnification 1lgreement/F'lorand,t i`E=IZ?, I.I.C/~Je~,v Centttr~ }?xec~uti~-e
Quarters, I I.C/Franklin at Delray 13eac~h, ,vas moved to the Rent' r 1lgenda as Ttem 9.11.11.., Ttem ~.F3.,
Resolution 1~Jo. 15-11: 111.7andonment of }==easements: Franklin at I7elrav 13eac~h, ,vas moved to the
Regltlar 1lgenda as Ttem 9.11.11.11., Ttem 10.C., C)rdinanc~e 1~Jo. 15-11, ,vas postponed to the 1Lay 3, 2011
Regltlar 1Leeting. 1lppro~-ed as amended, 5-0)
5. APPROVAL OF MINUTES:
A. April 5, 2011 -Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Municipal Clerk's Week -May 1-7, 2011
B. Narional Day of Prayer -May 5, 2011
7. PRESENTATIONS:
A. S.P.LR.LT. (Service, Performance, Integritj=, Responsibilitj=, Innovation, Teamwork)
Committee Quarterly= Awards Presentation
B. Matchpoint Presentation -Mark Baron
C. Citj= of Delray=Beach Residents Academy=Certificates -Janet Meeks
D. Dwight Chenette, Chief Execurive Officer of the Health Care District-Update
8. CONSENT AGENDA: City Manager Recommends Approval (Approved as amended, 5-0)
A. MOVED TO I TEM. Q.A.A. ON THE REGULAR AGENDA
I. MOVED r0 I rEM Q.A.A. ON rHE REGULAR AGENDA
z. MOVED r0 I rEM Q.A.A. ON rHE REGULAR AGENDA
3. MOVED r0 I rEM Q.A.A. ON rHE REGULAR AGENDA
B. MOVED r0 I rEM ~.A.A.A. ON rHE REGULAR AGENDA
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C. HOLD HARMLESS AGREEMENT/DELRAY MOTORS, INC.: Approve a
Hold Harmless Agreement with Delra~= Motors, Inc. to perform work within the state
right-of--way for Delray Chrysler Jeep Dodge located at 2102 South Federal Highway.
D. SERVICE AUTHORIZATION NO. 04-01.6/CH2M HILL. INC.: Approve
Service Authorization No. 04-01.6 with CH2M Hill, Inc. in the amount of X26,278.00
for professional engineering services relating to modify=ing the Water Treatment Plant's
(WTP) operating permit to add the Aquifer Storage and Recoverj= Well as a water
source. Funding is available from 442-5178-536-31.90 (Water & Sewer Renewal &
Replacement Fund: Professional Services/Other Professional Services).
E. AMENDMENT NO. 1 TO THE LEASE AGREEMENT/FIRST
PRESBYTERIAN CHURCH: Approve Amendment No. 1 to the Lease Agreement
with First Presbyterian Church for the Gleason Street Lot Parking License Agreement.
F. ENGINEERING SERVICES PROPOSAL/COASTAL PLANNING &
ENGINEERING, INC.: Approve an Engineering Proposal with Coastal Planning &
Engineering, Inc. in an amount not to exceed $249,484.00 to proceed with the final
coastal engineering, permitting, project bidding and environmental services for the fifth
beach renourishment. Funding will be reimbursed from Federal, State, and
County sources. Funding is available from 332-4164-572-31.30 (Beach Restoration
Fund: Professional Services/Engineering/Architectural).
G. STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) AND
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) /HOUSING
REHABILITATION GRANT AWARDS: Approve two (2) Housing
Rehabilitarion contract awards for 2114 S.W. 12th Court to Cordoba Construction
Company, Inc., in the amount of X34,878.21 and 912 S.W. 3rd Street to Built Solid
Construcrion, LLC., in the amount of $35,247.99, for housing rehabilitation under the
State Housing Initiative Partnership (SHIP) and Communitj=Development Block Grant
(CDBG) Housing Rehabilitation Program. Funding is available from 118-1924-554-
49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation) and
118-1963-554-49.19 (Neighborhood Services: Other Current Charges/Housing
Rehabilitarion).
H. CHANGE TO THE COMMISSION RULES OF PROCEDURE: Approve a
change to the Commission Rules of Procedure setring time limits for presentations
made at workshop meetings.
I. RESOLUTION NO. 13-11: Approve Resolurion No. 13-11 assessing costs for
abatement action required to remove nuisances on 14 properties throughout the City=.
J. AMENDMENT NO. 3 TO THE AGREEMENT/SUNGARD PUBLIC
SECTOR, INC.: Approve Amendment No. 3 to the Agreement with SunGard Public
Sector, Inc. for a public safetj= software system to make various changes to licensing,
training, and maintenance. Funding is available in 334-2111-521-66.10 (General
Construcrion Fund: Books/Publicarions/Software).
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K. AMENDMENT NO. 1 TO THE ACQUISITION AGREEMENT WITH ACS
GOVERNMENT SYSTEMS, INC.; FIREHOUSE SOFTWARE: Approve
Amendment No. 1 to the Acquisirion Agreement with ACS Government S~=stems,
Inc. for Firehouse Software.
L. DONATION AGREEMENT/PLUG IN FLORIDA, INC.: Approve a Donation
Agreement with Plug In Florida, Inc. to provide the Citj= with up to six (6) Electric
Vehicle Charging Stations and funding to support installation costs.
M. FUNDING REQUEST/PUBLIC ART ADVISORY BOARD: Approval to send
the staff liaison and up to four (4) Public Art Advisor= Board Members to the Florida
Public Art Professionals Annual Conference on May 18-20, 2011 in Palm Beach County
at a cost not to exceed X700.00. Funding is available from 115-1702-579-31.90 (Special
Projects Fund: Professional Services/Other Professional Services).
N. 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 June 23,
2011 from 6:00 p.m. to 10:00 p.m., to grant a temporar= 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.
6th 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. 4th 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.
O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made b~= the Land Development Boards for the period
April 4, 2011 through April 15, 2011.
P. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Rosso Paving & Drainage, Inc. in the amount of $29,760.00
to replace approximately= 2,400 square feet of settled and deteriorated concrete
apparatus apron located on the east side of Fire Rescue Headquarters. Funding
is available from 001-2311-522-46.10 (General Fund: Repair & Maintenance
Services/Building Maintenance).
2. Bid award to And=thing-In-Fence in the amount of $15,970.00 for fencing seven
raw water wells at the Delra~= Beach Municipal Golf Course for the Raw Water
Well Fence Installation Project. Funding is available from 442-5178-536-68.14
(Water & Sewer Renewal & Replacement Fund: Improvements
Other/Production Well Rehab).
3. Purchase award to Island Air Conditioning in the amount of $40,935.00 for the
replacement of three (3) air condirioning units at Pompe~= Park. Funding is
available from 334-4125-572-46.10 (General Construction Fund: Repair &
Maintenance Services/ Building Maintenance).
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4. Purchase award to multiple vendors in the amount of $619,128.89 for the
replacement of twenty-three (23) vehicles. Funding is available from 501-3312-
591-64.20 (Garage Fund: Machinerj=/Equipment Automotive).
9. REGULAR AGENDA:
A.A. RESOLUTION NO. 14-11: ABANDONMENT OF RIGHTS-OF-
WAY/FRANKLIN AT DELRAY BEACH: Approve Resolution No. 14-11
abandoning rights-of-wad= within the Lambert Trailer Court Subdivision in conjuncrion
with the proposed Franklin at Delra~= Beach development, 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=. (ilLotion to approve,llppro~-ed, 5-0)
RIGHT-OF-WAY DEED AGREEMENT/FRANKLIN AT DELRAY
BEACH: Approve a right-of-wad= deed agreement for dedicarion of a new
public road right-of-wad= for the proposed development, which will also provide
access to four (4) existing single family= homes located on the north side of the
Lambert Trailer Court Subdivision. (~~Iotion to approve, Approved, 5-0)
2. ACCESS EASEMENT AGREEMENT/FLORANDA MHP. LLC/NEW
CENTURY EXECUTIVE QUARTERS, LLC/ FRANKLIN AT
DELRAY BEACH: Approve a temporarj= Access Easement Agreement with
Floranda MHP, LLC and New Century= Executive Quarters, LLC to provide
access to four (4) existing single family= homes located on the north side of the
Lambert Trailer Court Subdivision, until a new public roadway= is constructed.
(ilLotion to approve, 1lppro~-ed, 5-0)
3. INDEMNIFICATION AGREEMENT/FLORANDA MHP. LLC/NEW
CENTURY EXECUTIVE QUARTERS, LLC/FRANKLIN AT
DELRAY BEACH: Approve an Indemnification Agreement with Floranda
MHP, LLC and New Century= Executive Quarters, LLC for Franklin at Delra~=
Beach. (ilLotion to approve, 1lppro~-ed, 5-0)
A.A.A. RESOLUTION NO. 15-11: ABANDONMENT OF EASEMENTS:
FRANKLIN AT DELRAY BEACH: Approve Resolution No. 15-11 abandoning
easements within the Lambert Trailer Court Subdivision in conjunction with the
proposed Franklin at Delra~= Beach development, 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=. (ilLotion to approve,llppro~-ed, 5-0)
A. PROPOSED AMENDMENT NO. 3 TO THE AGREEMENT/MATCH
POINT, INC. REGARDING THE ATP CHAMPIONS TOUR
EVENT: Consideration of a proposed Amendment No. 3 to the Agreement with
Match Point, Inc. regarding the ATP Champions Tour Event. (~~Iotion to approve,
1lppro~-ed, 5-0)
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B. WAIVER REQUESTS/HYATT PLACE: Consider approval of four (4) waiver
requests to Land Development Regulation (LDR) Section 4.4.13(F)(4)(c), "Parking Lot
Setbacks", Section 4.4.13.(F)(4)(a)(2), "Hotel Front Setback", Section 4.6.9(D)(3)(c)(2),
"Stacking Distance" and Section 4.6.9(D)(4)(c), "Maneuvering Area", associated with a
Class IV site plan modification for the Hyatt Place project located at the intersection of
N.E. 1 st Street and N.E. 1st Avenue. (Quasi Judicial Hearing) (1~~Iotion to adopt board
order as presented; 1lppro~-ed, 5-0)
C. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION:
BURGERFI: Consider an appeal of the Site Plan Review and Appearance Board's
decision approving a Class I site plan and architectural elevation change for Burgerfi
located at 6 South Ocean Boulevard. (Quasi-judicial Hearing) (~~Iotion to adopt board
order as presented; 1lppro~-ed, 5-0)
D. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION:
BOSTON'S RESTAURANT: Consider an appeal of the Site Plan Review and
Appearance Board's decision approving a Class II site plan modification and
architectural elevation change for Boston's Restaurant located at 40 South Ocean
Boulevard. (Quasi Judicial Hearing) (1~~Iotion to adopt board order as presented;
1lppro~-ed, 5-0)
E. TEMPORARY USE PERMIT/DAUGHTER OF ZION SEVENTH-DAY
ADVENTIST CHURCH: Consider a request for a temporary= use permit by
Daughter of Zion Seventh-Day Adventist Church to erect a tent on a vacant block
owned by the Delray Beach Housing Authoritj= (DBHA), located on SW 12`h Avenue
and 10`h Street, from July 7, 2011 to August 13, 2011 to conduct six (6) weeks
of nightly services from 7 p.m. to 9 p.m. and community= outreach programs on
Mondays and Wednesdays from 6 p.m. to 7 p.m. (1~~Iotion to 'I'~BL.E to the ~~Iay 3, 2011
Regular 1Leeting,llppro~-ed 5-0)
F. 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 to conduct 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).
(C;ommissioner Cprav ao~~ay from the dais. Approved, 4-0)
G. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint
one (1) regular member to the Code Enforcement Board to serve an unexpired term
ending January 14, 2013. Based upon the rotation system, the appointment will be made
by Commissioner Carney (Seat #1). (Appointed Jason Dollard and approved, 4-0)
H. APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT
SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to the Police
and Firefighters Retirement System Board of Trustees for a two (2) year term ending
Apri122, 2013. Based upon the rotation system, the appointment will be made by Mayor
McDuffie (Seat #5). (Appointed Alan ISirschenbaurn and approved, 5-0)
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I. APPOINTMENTS TO THE GREEN IMPLEMENTATION
ADVANCEMENT BOARD: Appoint one (1) regular member and one (1) alternate
member to the Green Implementation Advancement Board to serve unexpired terms
ending July 31, 2011. Based upon the rotation system, the appointments will be made by
Mai=or McDuffie (Seat #5) and Commissioner Carne= (Seat#1). (1ppointed Jeff
Benavides and approved, 5-0. Commissioner C:arnev's appointment ,vas DEFE12I2ED to the
1Lay 3, 2011 Regular Commission 1Leeting)
APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) student member to the Neighborhood Advisorj= Council Board to
serve an unexpired term ending July 31, 2011. Based upon the rotarion system, the
appointment will be made by Commissioner Frankel (Seat #3). (Appointed Andrea
Po~-eda and appro~-ed, 5-0)
K. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular
member to the Education Board to serve an unexpired term ending July 31, 2012. Based
upon the rotarion s~=stem, the appointment will be made b~= Mai=or McDuffie (Seat #5).
(1ppointed Jose I-Ierrera and appro~-ed, 5-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 13-11: Consider a city=-iniriated amendment to the Land
Development Regulations (LDR) Section 4.6.9(E)(3), "In-Lieu Fee", modify=ing the in-
lieu fee assessed within the Pineapple Grove Main Street (expansion) Area. (1~~Iotion to
approve,llppro~-ed, 5-0)
B. ORDINANCE NO. 14-11: Consider a citj=-iniriated amendment to the Land
Development Regulations (LDR) Section 7.9.11, "Boatlifts", to clarify setback
requirements. (ilLotion to approve,llppro~-ed, 5-0)
C. ORDINANCE NO. 15-11: Consider amending Chapter 33, "Police and Fire-Rescue
Departments"; Secrion 33.62, "Benefit Amounts and Eligibility", Subsection (E),
"Disabilitj= Rerirement Provisions", Sub-Subsecrion (5), "Disabilitj= Rerirement
Benefits", to increase the minimum service incurred disabilitj= benefit for firefighters;
and amending Section 33.64, "Contriburions", Subsecrion (A), "Member
Contributions", to increase member contributions for firefighters. (hOS'I'hONED)
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
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13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City=Manager
B. City= Attorney=
C. Citj=Commission
POSTED: APRIL 15, 2011
o4/z1/zo11
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