06-21-11 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
Tuesday, Tune 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.
ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (1Lx~-or 1Lc~I7uffie noted Ttem ~;.N.1., I3id 11~,vard/Randolph and I7e~,vdney
C:onstruc~tion, Tnc~., ,vas 12EM(J D from the agenda due to a request from staff, Ttem 9.(.~., Ser~-ic~e
1luthorization No. 07-15.3/1Lathe~,vs Consulting, Tnc~., ,vas added to the Regular 1lgenda 1_r~- addendum.
1lppro~-ed as amended, 5-0)
5. APPROVAL OF MINUTES:
A. June 7, 2011 -Regular Meering (Approved, 5-0)
6. PROCLAMATIONS:
A. 100 Days of Centennial Celebrations -July 2, 2011-October 9, 2011
B. Parks and Recreation Month -July 2011
7. PRESENTATIONS:
A. RESOLUTION NO. 24-11: Approve Resolurion No. 24-11 recognizing and
commending Patsy Fox for 30 years of dedicated service to the Citj= of Delray Beach.
(1lppro~-ed, 5-0)
8. CONSENT AGENDA: City Manager Recommends Approval (Approved as amended, 5-0)
A. FINAL SUBDIVISION PLAT APPROVAL/ALTA CONGRESS REPEAT:
Approve the Replat of Tract A-1 and a portion of Tracts A, B, F, and E-2, Congress
Park, for Alta Congress located along the west side of Congress Avenue between
Lowson Boulevard and West Atlanric Avenue.
B. LANDSCAPE MAINTENANCE AGREEMENT/KCMCL PINEAPPLE
GROVE LTD.: Approve a Landscape Maintenance Agreement with KCMCL
Pineapple Grove Ltd., for landscaping within the adjacent rights-of--way associated with
the Hyatt Place project located at Pineapple Grove Way (N.E. 2nd Avenue), N.E. 15i
Street, and N.E. 1 st Avenue.
C. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT:
COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR FUNDING OF
CONSTRUCTION & PROFESSIONAL SERVICES: Approve Amendment No.
1 to the Interlocal Agreement with the Communitj= Redevelopment Agency= (CRA) for
the funding of construction costs and professional services for certain projects as listed
on Exhibit "A" attached to the Agreement for FY 10/11.
06/21/2011
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D. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA) /SHUTTLE BUS SERVICE: Approve an Interlocal Agreement
with the Communitj= Redevelopment Agency= (CRA) for the funding of the shuttle bus
service through September 30, 2011.
E. GRANT APPLICATION/EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAGS Authorize staff to submit an application for funding
in the amount of $53,503.00 through the U.S. Department of Justice Edward B~=rne
Memorial Justice Assistance Grant ~AG) program which will support the Holiday=
Robbery=Task Force, which reduces crime during the Holiday=season.
F. THIRD AMENDMENT TO THE DECLARATION OF RESERVED
RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7th AVENUE
RELATED TO THE ATLANTIC PLAZA PROJECT: Approve the Third
Amendment to the Declaration of Reserved Rights and Agreement not to Encumber
N.E. 7`h Avenue regarding the abandonment and relocation of N.E. 7`h Avenue between
N.E. 1s` Street and East Atlantic Avenue to extend the time frame to obtain site plan
certification b~= a period of ninetj= dad=s.
G. LANDSCAPE MAINTENANCE AGREEMENT/CDS DELRAY
REDEVELOPMENT, LLC.,/CDR ATLANTIC PLAZA, LTD: Approve a
Landscape Maintenance Agreement with CDS Delra~= Redevelopment, LLC., and CDR
Atlantic Plaza, Ltd. regarding the Atlantic Plaza development located on the north side
of Atlantic Avenue between Veterans Park and northbound Federal Highway=.
H. PROFESSIONAL SERVICES VENDOR LIST/NEIGHBORHOOD
STABILIZATION PROGRAM (NSP~ Approve the list of vendors for Professional
Services required to carrj= out activities under the Neighborhood Stabilization Program
(NSP), contingent on the list being approved b~= the Florida Department of Communitj=
Affairs. Funding is available from 118-1935-554-34.90 (Neighborhood Services: Other
Contractual Service).
I. RESOLUTION NO. 23-11: Approve Resolution No. 23-11 assessing costs for
abatement action required to remove nuisances on six (6) properties throughout the
Citj=.
CONSULTING SERVICE AUTHORIZATION NO. 07-05.1/KIMLEY-HORN
AND ASSOCIATES, INC.: Approve Consulting Service Authorization No. 07-05.1
to Kimle~=-Horn and Associates, Inc. in the amount of $113,400.00 for design of
the Federal Highway Enhancements. Funding is available from 334-3162-541-68.52
(General Construction Fund: Other Improvements/Federal Highway= Beautification),
442-5178-536-68.52 (W & S Renewal & Replacement Fund: Improvements
Other/Federal Highway= Beautification) and 448-5461-538-68.52 (Storm Water Utilit~T
Fund: Other Improvements/Federal Highway= Beautification).
06/21/2011
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K. CITY OF DELRAY BEACH SUB-RECIPIENT 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 a Social Worker to provide counseling services under the Weed & Seed Program
(now known as the Coalition for Communitj= Renewal).
L. 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
August 18, 2011 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR
Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of
N.E./S.E. 6th Avenue, Railroad Avenue from Atlanric 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. 4 th 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.
M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made b~= the Land Development Boards for the period
June 6, 2011 through June 17, 2011.
N. AWARD OF BIDS AND CONTRACTS:
Bid award to Randolph and Dewdne~= Construcrion, Inc. in the amount of
$456,710.00 for renovations to the Pompe~= Park Concession Stand. Funding is
available from 334-4127-572-62.10 (General Construction Fund: Building).
2. Purchase award to CDW-Government, Inc. in the amount of $69,440.78 for
replacement data switches and cables to be installed throughout the
Environmental Services Department Complex. Funding is available from 442-
5178-536-62.45 (W & S Renewal & Replacement Fund: Buildings/Data
Cabling).
3. Purchase award to Kubota Tractor Corporation in the amount of $18,493.80 for
a replacement tractor for the Delra~= Beach Municipal Golf Course. Funding is
available from 445-4761-572-64.90 (D B Municipal Golf Course:
Machinerj=/Equipment: Other Machinerj=/Equipment).
4. Emergency= blanket purchase award to Airgas in the amount of $23,400.00 for
the bulk deliverj= of liquid carbon dioxide (CO ,~ as needed. Funding is available
from 441-5122-536.52-21(Water & Sewer Fund: Operaring
Supplies/Chemicals).
06/21/2011
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9. REGULAR AGENDA:
A. WAIVER REQUESTS/202 NORTH SWINTON AVENUE: Consider approval
of three (3) waiver requests to Section 4.6.9(D)(2)(b), to reduce the minimum required
combined depth of alley= and parking spaces from 42' to 38'6"; Section 4.6.9(D)(2)(b), to
reduce the required parking space width from 10' to 9' and Section 4.6.9(D)(3)(a-b), to
reduce the required driveway= width from 24' to 18' at the point of access from North
Swinton Avenue associated with the Class V site plan modificarion for 202 North
Swinton Avenue. (Quasi- Judicial Hearing) (1~~Iotion to adopt board order as presented;
1lppro~-ed, 5-0)
B. WAIVER REQUESTS/130 S.E. 7`'' AVENUE: Consider three (3) waiver requests
associated with the Certificate of Appropriateness for 130 S.E. 7 th Avenue including
waivers to Land Development Regularions (LDR) Section 4.6.14(C), "Sight Visibilitj=:
Intersections", to permit a fence measuring 4' in height within the sight visibilitj= triangle
at the rear of the property=, where a maximum height of 3' is permitted; Section
4.5.1(E)(3)(a)1.c., "Fences and Walls", to permit an arbor measuring 9' in height within
the front setback, where a maximum height of 4' is permitted; and Section
4.5.1(E) (3) (b)1., "Parking" , to permit the location of a circular driveway at the front of
the propertj=, whereas the parking should be adjacent to the building or in the rear.
(Quasi- Judicial Hearing) (1~~Iotion to adopt board order as presented; Approved, 5-0)
C. QUEST FOR IN-LIEU PARKING SPACES/JHB FLORIDA
PROPERTIES, LLC: Consider a request from JHB Florida Properties, LLC for the
purchase of two (2) in-lieu parking spaces in the amount of $31,200.00 for Burger Place,
located at 12 S.E. 5`h Avenue. (Quasi Judicial Hearing) (1~~Iotion to adopt board order
as presented; 1lppro~-ed, 5-0)
D. PARKING LICENSE AGREEMENT/MAX'S HARVEST: Consider approval of
a parking license agreement with Max's Harvest to establish a parking valet queue on
the 100 block of N.E. 2nd Avenue. (1~~Iotion to approve with langlzage as stated 17~~ Cite
1lttorne~;llppro~-ed, 5-0)
E. DESIGNATION OF VOTING DELEGATE: Designate the Citj='s wring delegate
to the Florida League of Cities' 85th Annual Conference to be held at World Center
Marriot in Orlando, Florida on August 11-13, 2011. (~1~~Iotion to designate Vice 1la~~or C~ra~~
as voting delegate;llppro~-ed, 5-0)
F. EXTENSION OF MANAGEMENT AGREEMENT /BCTE. INC. /DUBIN
AND ASSOCIATES: Consider a request to extend the Management Agreement with
BJCE, Inc. for the Municipal and Lakeview Golf Courses and with Dubin and
Associates for the Tennis Faciliries for four (4) ~=ears in return fora 10% reduction
in current management fees. (1~~Iotion to approve, Approved, 5-0)
G. CONTRACT/MORRISON-WILLOUGHBY: Consider a license contract between
the Citj= and Morrison-Willoughb~= allowing the sale of bottled water on the Municipal
Beach. Staff recommends denial. (1~~Iotion to approve; Denied, 5-0)
06/21/2011
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H. PROPOSAL/CENTER FOR PRIORITY BASED BUDGETING: Consider a
proposal to facilitate the further development and implementation of our prioritj= based
budgeting process. (ilLotion to approve, 1lppro~-ed, 5-0)
I. SETTLEMENT OFFER IN ANDERSON OHMAN V. CITY OF DELRAY
BEACH: Consider a Settlement Offer in the total amount of $20,000.00 in Anderson
Ohman v. City of Delray Beach. Staff recommends approval. (1~~Iotion to approve,
1lppro~-ed, 5-0)
J. RESOLUTION NO. 25-11/MID YEAR BUDGET AMENDMENT: Consider
approval of Resolution No. 25-11 amending Resolution No. 55-10 adopted September
21, 2010, which made appropriations of sums of money= for all necessary= expenditures
of the City of Delray Beach for the FY 2010/2011, by setting forth the anticipated
revenues and expenditures for the operating funds of the Citj= for FY 2010/2011.
(ilLotion to approve, 1lppro~-ed, 5-0)
K. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY:
Appoint one (1) regular member to the Community= Redevelopment Agency= (CRA) to
serve a four (4) year term ending July 1, 2015. Based upon the rotation system, the
appointment will be made by Commissioner Gray (Seat #4). (Appointed Annette C~ra~~
and appro~-ed, 5-0)
L. APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT
AUTHORITY: Appoint four (4) regular members to the Downtown Development
Authority (DDA) to serve three (3) year terms ending July 1, 2014. Based upon the
rotation s~=stem, the appointments will be made b~= Commissioner Grad= (Seat #4),
Mai=or McDuffie (Seat #5), Commissioner Carne= (Seat #1) and Commissioner Fetzer
(Seat #2). (1ppointed Diane F'ranc~o and appro~-ed, 5-0; appointed 1111.7ert Ric~h~,vagen and
approved, 5-0; 1ppointed ~Janc~v Ste~,~~art-F'ranc~zak and approved, 5-0. Commissioner C:arnev's
appointment ,vas DEFE12I2ED to the Ju1~- 5, 2011 Regular Commission 1Leeting)
M. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint three
(3) regular members and (2) alternate members to the Financial Review Board for two
(2) year terms ending July 31, 2013. Based upon the rotation system, the appointments
will be made b~= Commissioner Grad= (Seat #4), Mai=or McDuffie (Seat #5),
Commissioner Carne= (Seat #1), Commissioner Fetzer (Seat #2) and Commissioner
Frankel (Seat #3). (Appointed Anthon~~ Cottone and approved, 5-0, appointed John Hallahan
and appro~-ed, 5-0; 1ppointed Jeff Ritter and appro~-ed, 5-0; 1ppointed Christina 1Lorrison
1?ierc~e and appro~-ed, 5-0. Commissioner F'etter's appointment ,vas DEFE12I2ED to the Ju1~-
5, 2011 Regular Commission 1Leeting)
06/21/2011
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N. APPOINTMENTS TO THE GREEN IMPLEMENTATION
ADVANCEMENT BOARD: Appoint three (3) regular members and two (2)
alternate members to the Green Implementation Advancement Board to serve two (2)
year terms ending July 31, 2013. Based upon the rotation system, the appointments will
be made by Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3),
Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Carney
(Seat #1). (1lppointed Stephanie "C:hloe" 13edenl_7augh and appro~-ed, 5-0; appointed I7a~-id
F-Ia~,vke and appro~-ed, 5-0; 1lppointed 1Lic~hael 1Larc~us and appro~-ed, 5-0; 1lppointed ~i'almaz
Siddiclui and approved, 5-0. Commissioner C:arnev's appointment ,vas I3EEEIi12EI3 to the
Ju1~- 5, 2011 Regular Commission 1Leeting)
O. APPOINTMENTS TO THE EDUCATION BOARD: Appoint six (6) regular
members and one (1) student member to the Education Board to serve two (2) year
terms ending July 31, 2013. Based upon the rotation system, the appointments will be
made by Commissioner Carney (Seat #1), Commissioner Fetzer (Seat #2),
Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat
#5), Commissioner Carney (Seat #1) and Commissioner Fetzer (Seat #2). (Appointed
1Ladison 1lracri and appro~-ed, 5-0; appointed Lvdia C:arreiro and appro~-ed, 5-0; 1lppointed
lfrvra I.ea~-~- Bazemore and appro~-ed, 5-0; 1lppointed Tsal_7e1 1Lake and appro~-ed, 5-0.
Commissioner F'etter's and Commissioner C:arnev's appointments ~,vere I3EEEIi12EI3 to the
Ju1~- 5, 2011 Regular Commission 1Leeting)
P. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint one (1)
regular member to serve an unexpired term ending July 31, 2012, five (5) regular
members to serve two (2) year terms ending July 31, 2013 and one (1) student member
to a serve two (2) year term ending July 31, 2013 to the Police Advisory Board. Based
upon the rotation system, the appointments will be made by Commissioner Gray (Seat
#4), Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1), Commissioner Fetzer
(Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor
McDuffie (Seat #5). (1lppointed I.ee Cohen and approved, 5-0; appointed Catherine I7elLatto
and approved, 5-0; 1lppointed I7e11nna Longo and approved, 5-0; 1lppointed 1Latthe~,v
1Lonahan and appro~-ed, 5-0; 1lppointed }==?lisha Porter and appro~-ed, 5-0; 1lppointed Shelly
`~~'ei1 and approved, 5-0. 1Lotion to reconsider Commissioner F'etter's appointment of lbatthe~,v
F-Iartlev and appro~-ed, 5-0. Commissioner F'etter's appointments ,vas I3EFEIiItEI3 to the Ju1~-
5, 2011 Regular Commission 1Leeting)
Q. SERVICE AUTHORIZATION NO. 07-15.3/MATHEWS CONSULTING,
INC.: Consider approval of Service Authorization No. 07-15.3 with Mathews
Consulting, Inc., in the amount of $21,858.00 for construction administration and
additional design for S.W. 12`~ Avenue/Auburn Avenue/S.W. 14`h Avenue
Improvements. Funding is available from 334-3162-541-68.04 (General Construction
Fund: Other Improvement~S.W. 12`h Avenue~Auburn~l4`h Avenue). (ADDENDUM)
(ilLotion to approve, 1lppro~-ed, 5-0)
06/21/2011
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10. PUBLIC HEARINGS:
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 that skateboarding shall be prohibited in Citj=-owned parking
garages. (ilLotion to approve,llppro~-ed, ~-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 installing automatic fire sprinklers in
buildings which are reconstructed or rehabilitated. (~~lotion to approve, 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. None
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. Citj=Manager
B. Citj= Attorney=
C. Citj=Commission
POSTED: JUNE 17, 2011
06/21/2011
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