06-07-11 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, Tune 7, 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.
ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
A. May 17, 2011 -Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing and Commending Dr. Virgil C. Norris
7. PRESENTATIONS:
A. RESOLUTION NO. 22-11: Approve Resolution No. 22-11 recognizing and
commending Margaret Johnson-Graham for 30 years of dedicated service to the Citj= of
Delray Beach. (Approved, 5-0)
B. Update on the Legislative Session -Representative Lori Berman
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify actions
of the South Central Regional Wastewater Treatment and Disposal Board at their
Quarterly Meeting of May 5, 2011.
B. RESOLUTION NO. 16-11 (TAX EXEMPTION REQUEST FOR ELIGIBLE
IMPROVEMENTS/114 N.E. 1ST AVENUES Approve a tax exemption request for
eligible improvements to the property located at 114 N.E. 15i Avenue within the Old
School Square Historic District; and approve Resolution No. 16-11.
C. RESOLUTION NO. 17-11 (TAX EXEMPTION REQUEST FOR ELIGIBLE
IMPROVEMENTS/138 N.E. 1S` AVENUES Approve a tax exemption for
improvements to the property located at 138 N.E. 15i Avenue within the Old School
Square Historic District; and approve Resolution No. 17-11.
D. GRANT AGREEMENT/FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION: Approve a Grant Agreement with the Florida
Fish and Wildlife Conservation Commission to provide funding in the amount of
$102,500.00 for the reconstruction of the Mangrove Park Boat Ramp.
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E. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL)/CHAZ
EQUIPMENT COMPANY, INC.: Approve a Contract Closeout (C.O. No.
2/Final) in the amount of a X41,130.83 decrease and final payment in the amount of
X63,756.42 to Chaz Equipment Company, Inc. for the completion of the S.W. 12`h
Avenue Alleys Phase I Project. Funding is available from 334-3162-541-68.49 (General
Construction Fund/Other Improvement/S.W. 12`~ Avenue Phase I Alley) and 448-
5461-538-68.38 (Storm Water Utility Fund/Other Improvement/S.W. 12`h Avenue
Phase I Alley=).
F. AGREEMENT/HIT AFTER HIT, INC.: Approve an agreement with Hit After
Hit, Inc. to create an Ultimate Performer singing competition at Pompey=Park.
G. NEIGHBORHOOD STABILIZATION PROGRAM (NSP) EXTENSION OF
AUTHORIZATION: Provide authorization to extend the Citj= Manager and /or his
designees to sign purchase agreements for the acquisition of properties under the NSP
initiative until September 30, 2013.
H. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBGI /HOUSING
REHABILITATION CONTRACT AWARDS: Approve two (2) Housing
Rehabilitation contract awards for 108 N.W. 8`~ Avenue and 215 N.W. 6`h Avenue
to Built Solid Construction, LLC., the lowest responsive bidder, in the amount of
$54,512.47 for housing rehabilitation grants under the Communitj= Development Block
Grant (CDBG). Funding is available from 118-1963-554-49.19 (Neighborhood Services:
Other Current Charges/Housing Rehabilitation).
I. FIFTH AMENDMENT TO THE INTERLOCAL AGREEMENT/PALM
BEACH COUNTY: Approve the Fifth Amendment to the Interlocal Agreement
with Palm Beach Count= in the amount of $50,000.00 supporting Weed and Seed
"seeding" efforts.
SCHOOL READINESS CHILD CARE SERVICE AGREEMENT/FAMILY
CENTRAL, INC.: Approve a School Readiness Child Care Service Agreement
between the Cit= and Family= Central, Inc., to provide subsidized child care funding for
the Afterschool Program.
K. AFTERSCHOOL PROGRAM SERVICE AGREEMENT/FAMILY
CENTRAL, INC.: Approve an Afterschool Program Service Agreement between the
Cit= and Fami1~= Central, Inc., to continue reimbursable funding through the Continue
to Care-Afterschool Scholarship program for the Afterschool Program located at
Pompe~= Park and the Communit=Center.
L. RENEWAL OF AGREEMENT /PALM BEACH STATE COLLEGE: Approve
renewing an Agreement with Palm Beach State College to provide education and
training to students in the Paramedic and EMT program for Delra~= Beach Fire Rescue.
M. CHANGES TO THE GENERAL EMPLOYEES INVESTMENT POLICY
GUIDELINES: Approve changes to the General Employ=ees Investment Polio=
Guidelines.
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N. RATIFICATION OF APPOINTMENT TO THE KIDS AND COPS
COMMITTEE: Approve and rarif~= the appointment of Ms. Nicole Guerriero, Police
Department Representative, for an unexpired term ending November 30, 2011.
O. RESOLUTION NO. 21-11: Approve Resolurion No. 21-11 assessing costs for
abatement action required to remove nuisances on four (4) properties throughout the
Citj=.
P. NAME CHANGE AMENDMENT FOR PROFESSIONAL SERVICES
CONTRACT/ATKINS NORTH AMERICA, INC: Approve a Name Change
Amendment for Professional Services Contract from Post, Buckled=, Schuh &Jernigan,
Inc. (PBS & J, Inc.) to Atkins North America, Inc.
Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made b~= the Land Development Boards for the period
May 16, 2011 through June 5, 2011.
R. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Pro Courts in the amount of X23,222.50 for fence repair at the
Tennis Center and at the Delra~= Beach Swim and Tennis Club. Funding is
available from 334-4145-572-46.90 (General Construcrion Fund: Repair &
Maintenance Services/Other Repair/Maintenance Costs).
2. Bid award to Pro Courts in the amount of $35,040.00 for resurfacing courts five
(5) through eight (8) and installing approximately= 340 linear feet of channel
drains along the north side of courts five (5) through eight (8) and north side of
court nine (9) at the Tennis Center. Funding is available from 334-4145-572-46.90
(General Construction Fund: Repair & Maintenance Services/Other
Repair/Maintenance Costs).
3. Purchase award to Municipal Equipment Company=, LLC. in the amount of
$55,201.25 for twentj=-five (25) replacement sets of firefighring personal
protective equipment. Funding is available from 001-2315-526-52.18 (General
Fund: Operating Supplies/Bunker Gear).
4. Purchase award to Hector Turf in the amount of $16,664.26 for the purchase of
one (1) Toro Groundmaster 7200 with 62" Recycler Kit for Utilities
Maintenance. Funding is available from 441-5143-536-64.90 (Water and Sewer
Fund: Machinery=/Equipment/Other Machinerj=/Equipment).
5. Purchase award to Ag-Tronix in the amount of $49,395.92 to continue
computerization of irrigarion s~=stems to the remainder of the parks, medians
and public facilities. Funding is available from 119-4151-572-64.90
(Beaurificarion Trust Fund: Machinerj=/Equipment/Other
Machinerj=/Equipment) .
6. Purchase award to Sports Turf One, Inc. in the amount of $62,742.45 for
resodding Hilltopper Stadium. Funding is available from 001-4131-572-34.90
(General Fund: Other Contractual Service).
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7. Purchase award to Stop-Tech in the amount of $27,417.00 for sixth= (60) Stop
Stick kits, storage units, and an on-site "train-the-trainer" course for
implementarion. Funding is available from 334-2111-521-52.27 (General
Construction Fund: Operating Supplies/Equipment <~1,000).
9. REGULAR AGENDA:
A. CONDITIONAL USE REQUEST/MOTION AUTO CARE: Consider a
conditional use request to allow the establishment of an automobile repair shop with
detailing services for Morton Auto Care, to occupy= a tenant bad= within amulti-tenant
industrial building, located at 1208 Georgia Street. (Quasi Judicial Hearing) (1~~Iotion
to adopt l_7oard order as presented; 1lppro~-ed, 5-0)
B. FUNDING AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY
(CRA) /ECONOMIC DEVELOPMENT DIRECTOR: Provide direction as to
whether a new Economic Development Director should be hired, and if so what
organization that position should be part of and how it would relate to the Citj= as a
whole. (7'he consensus of the Commission ,vas for the City- 1lttornev to take the agreement
make changes to the agreement regarding the hiring process, estal_7lishing outside 1.7oundaries,
~,vhen funding from the c~it~- ~,vill 1.7egin and a reporting component, and 1.7ring the c~ontrac~t 1.7ac~k
to Commission at the June 21, 2011 Regular 1Leeting)
C. CONTRACT AWARD/INTERCOUNTY ENGINEERING. INC.: Consider
approval of a contract award to Intercountj= Engineering, Inc. in the amount of
$816,492.50 for the construction of Osceola Park Water Main Phase II Project.
Funding is available from 442-5178-536-65.85 (W&S Renewal & Replacement Fund:
Other Improvements/Osceola Park). (1~~Iotion to approve, Approved, 5-0)
D. 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 Mayor
McDuffie (Seat #5). (1lppointed 1lndre~,v ~i'oungross and appro~-ed, 5-0)
E. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
alternate member to the Board of Adjustment to serve an unexpired term ending
August 31, 2011. Based upon the rotation system, the appointment will be made by
Mayor McDuffie (Seat #5). (Appointed 1~hchael bark and approved, 5-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 12-11 (SECOND READING/SECOND PUBLIC
HEARINGI: Consider a city= initiated amendment to the Land Development
Regularions (LDR) Article 4.4 to add communitj= gardens as a principal use and an
accessorj= use, amending Section 4.3.3, "Special Requirements for Specific Uses", to
establish specific regulations pertaining to the development of communitj= gardens.
(ilLotion to approve, 1lppro~-ed, 5-0)
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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. 18-11: Consider amending Chapter 132, "Offenses Against
Public Peace And Safetj=", b~= amending Section 132.09, "Skateboarding and the Like
Prohibited", to provide certain areas in which skateboarding shall be prohibited. If
passed, a public hearing will be held on June 21, 2011. (~~Iotion to approve, Approved, 5-0)
B. ORDINANCE NO. 19-11: Consider amending Chapter 96, "Fire Safetj= and
Emergency= Services", and amending Section 96.16, "Certain Codes Adopted b~=
Reference", to clarify= the requirements for reconstruction. If passed, a public hearing
will be held on June 21, 2011. (~~Iotion to approve, Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. Citj=Manager
B. Citj= Attorney=
C. Citj=Commission
POSTED: JUNE 3, 2011
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