05-17-11 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 May 17, 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. (ilLayor 1Lc~I7uffie noted Ttem ~.CB., Special }:rent Request/Spacly I.i~-ing
F-Ieritage I7~t~-, the date ,vas changed to 1lugust 20, 2011, Ttem ~.T.1., 1La~-or 1Lc~I7uffie disclosed that his
son ~,vorks at Island 11ir Conditioning. 1lppro~-ed as amended, 5-0)
5. APPROVAL OF MINUTES:
A. May 3, 2011 -Regular Meeting (Approved, 5-0)
B. May 10, 2011 -Workshop Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Downtown Development Authority's 40`h Anniversary -May 22, 2011
B. National Safe Boating Week -May 21-27, 2011
C. Recognizing Juneteenth -June 19, 2011
D. National Kids to Parks Day -May 21, 2011
E. National Missing Children's Day -May 25, 2011
7. PRESENTATIONS:
A. RESOLUTION NO. 18-11: Approve Resolution No. 18-11 recognizing and
commending Dolores Egan for 30 years of dedicated service to the Citj= of Delray
Beach. (Approved, 5-0)
B. Update on the Legislative Session -Representative Bill Hager
C. Historic Preservation Board Recognition Awards
8. CONSENT AGENDA: City Manager Recommends Approval (Approved as amended, 5-0)
A. HOLD HARMLESS AGREEMENT/FLORANDA MHP. LLC AND NEW
CENTURY EXECUTIVE QUARTERS, LLC/FRANKLIN AT DELRAY
BEACH: Approve a Hold Harmless Agreement with Floranda MHP, LLC and New
Centurj= Executive Quarters, LLC to install a water main within the Florida
Department of Transportation right-of--way for Franklin at Delray Beach located on the
west side of S.E. 5th Avenue (South Federal Highway).
B. REVISION TO THE CITY'S SPECIAL EVENTS POLICIES AND
PROCEDURES: Approve revisions to the Citj='s Special Events Policies and
Procedures.
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C. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA): HILLTOPPER STADIUM: Approve an Interlocal Agreement
with the Community= Redevelopment Agency= (CRA) to provide funding for resodding
of Hilltopper Stadium.
D. SERVICE AUTHORIZATION NO. 19/SPATIAL FOCUS, INC.: Approve
Service Authorization No. 19 with Spatial Focus, Inc. in the amount of $24,775.00 for
completing addressing work related to the public safety= software implementation and
for setting up an Address Reference S~=stem, maintenance database, and associated
documentation/training. Funding is available from 441-5161-536-31.90 (Water and
Sewer Fund: Water and Sewer Fund: Professional Services/Other Professional Services)
and 334-2111-521-31.90 (General Construction Fund: Professional Services/Other
Professional Services).
E. MODIFICATION TO THE SUB-GRANT AGREEMENT/DIVISION OF
EMERGENCY MANAGEMENT/OLD SCHOOL SQUARE WINDOW
REPLACEMENT: Approve a Modification to the Subgrant Agreement with the
Division of Emergency= Management for the installation of 227 impact resistant glass
windows at Old School Square to extend the deadline to June 10, 2012.
F. CONSULTING SERVICE AUTHORIZATION/PALM BEACH COUNTY
PUBLIC ART ADMINISTRATION: Approve a Consulting Service
Authorization with Palm Beach Countj= Public Art Administration in the amount of
$14,880.00 for administrative support in updating the 2004 Citj= of Delra~= Beach Public
Art Master Plan. Funding is available from 115-1702-579-31.90 (Special Projects Fund:
Professional Services/Other Professional Services).
G. SPECIAL EVENT REQUEST/SPADY LIVING HERITAGE DAY: Approve a
special event request to endorse the 6th Annual Spade= Heritage Dad= to be held
on August 27, 2011 from noon to 10:00 p.m., to grant a temporary use permit per LDR
Section 2.4.6(F) for the closure of N.W. 5th Avenue from Atlantic Avenue to N.W. 1st
Street and S.W. 5th Avenue from Atlantic Avenue to S.W. 1st Street; to authorize staff
support for securitj=, EMS assistance, fire inspection, clean up, barricading, City=
generator use, set up and use of the large mobile stage, and event signage and banners;
contingent upon the receipt of a Certificate of Liabilitj= Insurance, receipt of letters
authorizing use of private propertj= and a hold harmless agreement two (2) weeks prior
to the event.
H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made b~= the Land Development Boards for the period
May 2, 2011 through May 13, 2011.
I. AWARD OF BIDS AND CONTRACTS:
Purchase award to Island Air Conditioning in the amount of $17,900.00 for the
replacement of two (2) air conditioning units at the Communitj=Center. Funding
is available from 334-4125-572-64.90 (General Construction Fund:
Machinerj=/Equipment/Other Machinerj=/Equipment).
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2. Contract award to Ovivo USA, LLC in the amount of $29,456.00 for removing
and replacing the gear motor unit on Clarifier #2 at the Water Treatment Plant.
Funding is available from 442-5178-536-64.90 (Water & Sewer Renewal &
Replacement Fund: Machinery=/Equipment/Other Machinery=/Equipment).
3. Contract award to Line-Tec, Inc. in the amount of $49,699.00 for the
installation of water services at the following locations: S.W. 1 st Street, S.W. 3rd
Avenue, S.W. 6th Avenue and S.W. 3rd Street for a Water Main Improvement
project. Funding is available from 442-5178-536-68.62 (Water & Sewer Renewal
& Replacement Fund: Improvements Other/S.W. 3rd Street & 6th Avenue WM
Upgrade).
4. Bid award to Simp1~= the Best Charter, Inc. in the annual estimated amount of
$35,530.00 for Bus Rental and Driver Service for the Parks and Recreation
Department for Youth Football Program, Summer Dad= Camp, Holiday= Dad=
Camp, Special Events and Sport & Dance Competition. Funding is available
from multiple Parks and Recreation Department accounts.
9. REGULAR AGENDA:
A. FINAL SUBDIVISION PLAT APPROVAL AND WAIVER
QUEST/SEASIDE: Consider approval of a final plat and a waiver to the Land
Development Regulations (LDR) Section 4.3.4 (K), "Development Standards Matrix",
minimum lot depth requirement in conjunction with the creation of a four-lot single
family= subdivision known as Seaside, located on the north side of Lowrj= Street, west of
Andrews Avenue. (Quasi Judicial Hearing) (1~~Iotion to adopt board order as presented;
1lppro~-ed, 5-0)
B. DISTRICT OFFICE LEASE AGREEMENT/CONGRESSMAN ALCEE
HASTINGS: Consider approval of a District Office Lease Agreement with
the Honorable Alcee Hastings for approximately= 689 square feet at Citj= Hall for office
space. (ilLotion to approve, 1lppro~-ed, 5-0)
C. RESCIND DONATION AGREEMENT AND ACCEPT AN ART
EXHIBITION AND RIGHT TO PURCHASE AGREEMENT WITH
WILLIAM DEBILZAN: Consider rescinding the Donation Agreement and
approving an Art Exhibition and Right to Purchase Agreement with William
DeBilzan for a sculpture to be installed in Worthing Park. Funding is available from
115-1702-579-31.90(Special Projects Fund: Professional Services/Other Professional
Services). (1Lotion to approve rescission of the Donation 1greement and acceptance of the 11rt
}==?xhil_7ition and Right to 1'urc~hase 1greement. 1lppro~-ed, 5-0)
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D. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint one (1)
regular member to serve an unexpired term ending July 31, 2012 and one (1) alternate
member to serve an unexpired term ending July 31, 2011 to the Financial Review Board.
Based on the rotation system, the appointments will be made by Commissioner Gray
(Seat #4) for one (1) regular member and Mayor McDuffie (Seat #5) for one (1)
alternate member. (1ppointed `~~'arren 'T'rilling and approved, 5-0. 1La~-or 1Lc~Duffie's
appointment ,vas DEFE12112ED to the June 7, 2011 Regular Commission 1Leeting)
E. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
regular member to the Board of Adjustment for an unexpired term ending August 31,
2012. Based upon the rotation system, the appointment will be made by Commissioner
Grad= (Seat #4). (1ppointed 1111en l~:ilik and appro~-ed, 5-0)
F. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) alternate member to serve an unexpired term ending January 14, 2013 on the Code
Enforcement Board. Based upon the rotation system, the appointment will be made by
Commissioner Fetzer (Seat #2). (Appointed Kurt Lehmann and approved, 5-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 12-11 (FIRST READING/FIRST PUBLIC HEARING
Consider a citj= initiated amendment to the Land Development Regulations (LDR)
Article 4.4 to add communitj= gardens as a principal use and amending Section 4.3.3,
"Special Requirements for Specific Uses", to establish specific regulations pertaining to
the development of community= gardens. If passed, a second public hearing will be held
on June 7, 2011. (ilLotion to approve, 1lppro~-ed, 5-0)
B. RESOLUTION NO. 20-11/ CONTRACT FOR SALE AND PURCHASE/5175
N.W. 6TH STREET: Consider approval of Resolution No. 20-11, a contract for sale
and purchase, authorizing the City= to sell Neighborhood Stabilization Program propertj=
located at 5175 N.W. 6th Street to Nicaisse Eloi for the amount of X102,000.00 and
provide a subsidy of up to $20,000.00 secured by a promissory= note and second
mortgage. (ilLotion to approve, 1lppro~-ed, 5-0)
C. ORDINANCE NO. 16-11: Consider a city=-initiated amendment to the Land
Development Regulations (LDR) Section 4.3.3 (I), "Communitj= Residential Homes and
Group Homes", to remove an out-of--date reference to Section 4.3.3(D), "Residential
and Non-Residential Licensed Services Provider Facilities". (1~~Totion to approve,
1lppro~-ed, 5-0)
D. ORDINANCE NO. 17-11: Consider a city= initiated amendment to Land Development
Regulations (LDR) Section 4.4.29, "Mixed Residential Office and Commercial (MROC)
District", to clarify allowable densities. (1~~Totion to approve, Approved, 5-0)
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11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City=Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
A. None
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City=Manager
B. City= Attorney=
C. Citj=Commission
POSTED: MAY 13, 2011
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