07-19-11 Agenda Results Regular MeetingCity of Delray Beach
Regular Commission Meeting
~ - ~ ~r
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, Tuly 19, 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. Commissioner Fetzer and Commissioner Carney ~,vere al_7sent.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (1Layor 1Lc~I7uffie noted Ttem 9.E-I., 1lppointment to the F'inanc~ial Revie~,v
Board, ,vas 12EM(J D, Ttem 9.1~:., 1lppointment to the Nuisance 111.7atement Board, ,vas
IiEM(J I39 Ttem 9.I.., 1lppointment to the 1'ul_71ic~ 11rt 11d~-isorv Board ,vas 12EM(JVEI3. 1lppro~-ed
as amended, 3-0).
5. APPROVAL OF MINUTES:
A. June 14, 2011 -Workshop Meeting (Approved, 3-0)
B. July 5, 2011 -Regular Meeting (Approved, 3-0)
6. PROCLAMATIONS:
A. Recognizing and Commending the Delra~= Blazers Travel Basketball Team
7. PRESENTATIONS:
A. Life Saving Award Presentation recognizing Ben Seaman
8. CONSENT AGENDA: City Manager Recommends Approval (Approved as amended, 3-0)
A. RESOLUTION NO. 28-11/BEACH NOURISHMENT PROJECT: Approve
and adopt Resolution No. 28-11 providing support for the City='s beach renourishment
project and a funding commitment to provide for the local match through an Interlocal
Agreement with Palm Beach County=.
B. SERVICE AUTHORIZATION NO. 22/MATHEWS CONSULTING. INC.:
Approve Service Authorization No. 22 with Mathews Consulting, Inc. in the amount of
$77,981.00 for professional services related to design and engineering of upgrades to
Lift Station 100A located at the north end of Veteran's Park. Funding is available from
442-5178-536-31.30 (Water & Sewer Renewal & Replacement Fund: Professional
Services /Engineering/Architect).
C. VALET PARKING QUEUE EXPANSION/BRIGHT HORIZONS d/b/a 32
EAST: Approve a request from Bright Horizons d/b/a 32 East to expand the valet
parking queue from 6 to 8 spaces b~=incorporating the remaining two (2) spaces on the
block located at 32 East Atlantic Avenue.
07/19/2011
-2-
D. AMENDMENT NO. 2 TO MANAGEMENT AGREEMENT WITH BJCE,
INC.: Approve Amendment No. 2 to the Management Agreement with BJCE, Inc. for
the Municipal and Lakeview Golf Courses.
E. AMENDMENT NO. 2 TO MANAGEMENT AGREEMENT WITH DUBIN
AND ASSOCIATES: Approve Amendment No. 2 to the Management Agreement
with Dubin and Associates for Citj= tennis facilities.
F. EASEMENT DEED /TEMPLE SINAI OF PALM BEACH COUNTY: Accept
an Easement Deed from Temple Sinai of Palm Beach Count= for the installation of a
bus shelter at 2475 West Atlanric Avenue.
G. HOLD HARMLESS AGREEMENT/OCEAN BOULEVARD, LLC: Approve a
Hold Harmless Agreement with Ocean Boulevard, LLC for work to be performed
within the State right-of-wad= for the property= located at 921 South Ocean Boulevard.
H. SUB-GRANT AGREEMENT/DIVISION OF EMERGENCY
MANAGEMENT: Approve aSub-Grant Agreement with the Division of Emergency=
Management in the amount of $150,000.00 for implementarion of the Residential
Construction Mitigation Program (RCMP). Funding is available from 118-1935-334-
42.00 (Neighborhood Services: FEMA-Residential Mirigarion).
I. LETTER OF SUPPORT[JUSTICE ASSISTANCE GRANT (JAG) FUND:
Authorize the Mai=or to sign a letter in support of funding allocations for Count vide
Justice Assistance Grant (JAG) funds for FY 2012.
EXTENSION OF A MAINTENANCE AND SUPPORT AGREEMENT
WITH MOTOROLA, INC.: Approve an extension to the Maintenance and Support
Agreement between the City and Motorola, Inc. in the amount of X114,368.52
for maintenance and support for all of dispatch with the exception of the law
enforcement officers' portable radios. Funding is available from 001-2111-521-46.20
(General Fund: Repair & Maintenance Services/Equipment Maintenance).
K. SPECIAL EVENT REQUEST/8TH ANNUAL FAMILY FUN DAY AT
POMPEY PARK: Approve a special event request for the 8th Annual Family= Fun
Dad= at Pompe~= Park produced b~= the Parks and Recreation Department to be held on
August 13, 2011 from 3:00 p.m. to 10:00 p.m; and authorize staff support for security,
fire inspection, trash removal and clean up assistance, trash boxes, use of the large Cit=
stage, and prepararion and installation of event signage.
L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made b~= the Land Development Boards for the period
July 5, 2011 through July 15, 2011.
M. AWARD OF BIDS AND CONTRACTS:
None
07/19/2011
-3-
9. REGULAR AGENDA:
A. AGREEMENT FOR PROFESSIONAL SERVICES/RCC CONSULTANTS
INC.: Consider an Agreement for Professional Services with RCC Consultants, Inc. to
complete a stud= on possible consolidarion of public safetj= communications with the
Cities of Boynton Beach and Boca Raton. Funding is available from 112-2172-521-
31.90 (Law Enforcement Trust FD: Professional Services/Other Professional Services).
(ilLotion to approve, 1lppro~-ed, 3-0)
B. SPECIAL EVENT REQUEST/EXTREME VOLLEYBALL
PROFESSIONALS (EVP) TOUR: Consider approval of a new event, Extreme
Volley=ball Professionals (EVP) Tour, sponsored b~= EVP Tours and supported b~= the
Downtown Markering Cooperarive, to be held on September 17, 2011 from 8:00 a.m.
to 6:00 p.m., to grant a waiver to the Citj= Code of Ordinances, Section 101.25,
"Commercial Enterprises; Sale or Rental of Goods or Services", to allow the sale of
sponsor products and for promorions and Section 101.32, "Assemblies", to allow
assembly= on the beach; and to authorize staff support; contingent upon receipt of a
turtle permit fourteen (14) dad=s prior to the event and a Hold Harmless Agreement.
(ilLotion to approve, 1lppro~-ed, 3-0)
C. ACCEPT PROPOSAL FOR FIRE ASSESSMENT FEE STUDY: Consider a
request to select a consultant to determine how much of our Fire-Rescue costs could be
funded b~= an assessment, and what the assessment amounts should be to complete
funding of our FY 2012 budget. (~~Iotion to approve, Approved, 3-0)
D. PROPOSED MILEAGE RATE: Consider approval of a proposed millage rate for
FY 2012, and set the budget review and adoprion schedule. (~~Iotion to set proposed
millage rate at 7.19, 1lppro~-ed, 3-0)
E. OFFER OF SETTLEMENT IN DEMETRIA BRIDGETT V. CITY OF
DELRAY BEACH: Consider an Offer of Settlement in the total amount of
$55,000.00 in Demetria Bridgett v. City= of Delra~= Beach. Staff recommends denial.
(ilLotion to deny settlement offer; Denied, 3-0)
F. MODIFICATIONS TO STANDARD FORM VALET PARKING LICENSE
AGREEMENT: Consider approval of the proposed modifications to the Citj='s
standard form Valet Parking License Agreement setting maximum fees, validarion
program requirements, signage requirements and ADA regularions. (Motion to approve,
1lppro~-ed, 3-0)
G. FILLING UNEXPIRED TERM OF COMMISSIONER FETZER: Consider the
process for filling the unexpired term of Commissioner Fred B. Fetzer. (It was the
consensus of the Commission to conduct indi~-idual inter~-ie~,vs and place the item on the
1lzigust 2, 2011 Regular 1Leeting for discussion.)
07/19/2011
-4-
H. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1)
alternate member to the Financial Review Board to serve a (2) year term ending July 31,
2013. Based upon the rotation system, the appointment will be made by Commissioner
Fetzer (Seat #2). (REMOVED
I. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) regular
members to serve a two (2) year term ending July 31, 2013 and one (1) student member
to serve a one (1) year term ending July 31, 2012 to the Education Board. Based upon
the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2),
Commissioner Fetzer (Seat #2) and Commissioner Frankel (Seat #3). (Appointed Trevis
Pridgen and appro~-ed, 3-0)
J. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint one (1)
regular member to serve a two (2) year term ending July 31, 2013 and one (1) regular
member to serve an unexpired term ending July 31, 2012 to the Police Advisory Board.
Based upon the rotation system, the appointments will be made by Commissioner
Fetzer (Seat #2) and Commissioner Carney (Seat #1). (1~~Iotion to IiEM(J ;Approved,
3-0)
K. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one
(1) regular member to the Nuisance Abatement Board to serve a two (2) year term
ending on July 31, 2013. Based upon the rotation system, the appointment will be made
by Commissioner Fetzer (Seat #2). (REMOVED
L. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one
(1) regular member to the Public Art Advisor= Board to serve a two (2) year term
ending July 31, 2013. Based upon the rotation system, the appointment will be made by
Commissioner Fetzer (Seat #2). (REMOVED
M. APPOINTMENTS TO THE PARHING MANAGEMENT ADVISORY
BOARD: Appoint two (2) Citizen-at-Large Representatives to the Parking
Management Advisory Board to serve a two (2) year term ending July 31, 2013. Based
upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat
#2) and Commissioner Gray (Seat #4). (Appointed Bnzce C~immy and approved, 3-0.
Commissioner F'etter's appointment ,vas 12EM(7I3)
N. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint five (5) regular members to serve three (3) year terms ending July 31, 2014, and
one (1) student member to serve a one (1) year term ending July 31, 2012 to the
Neighborhood Advisor= Council. 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) and Commissioner Gray (Seat #4). (Appointed fail Lee ~~Icl7ermott and
appro~-ed, 3-0; 1ppointed Linda Prior and appro~-ed, 3-0; 1ppointed `~~'illiam 1Lilner and
approved, 3-0; 1ppointed 1lndrea Z?oveda and approved, 3-0. Commissioner C:arnev's
appointment ,vas deferred to the 1ingust 2, 2011 Regular 1Leeting. Commissioner Fetter's
appointment ,vas 12EM(J I3)
07/19/2011
-5-
10. PUBLIC HEARINGS:
A. DEVELOPMENT AGREEMENT/CDS DELRAY REDEVELOPMENT,
LLC/CDR ATLANTIC PLAZA, LTD.: Consider approval of a Development
Agreement with CDS Delray Redevelopment, LLC., and CDR Atlantic Plaza, LTD.
regarding the Atlanric Plaza Project. (~~Iotion to approve, Approved, 3-0)
B. ORDINANCE NO. 20-11: Consider a citj=-iniriated amendment to the Land
Development Regulations (LDR) Section 4.4.13, "Central Business (CBD) District",
Subsection (G), "Supplemental District Regularions", and Section 4.4.24, "Old School
Square Historic Arts District (OSSHAD)", Subsection (G), `Supplemental District
Regularions", to increase the parking requirements for restaurants. (~~Iotion to continue to
a date certain of 1ingust 2, 2011 Regular 1Leeting, 1lppro~-ed, 3-0)
C. ORDINANCE NO. 21-11: Consider a citj=-initiated amendment to the Land
Development Regulations (LDR) to expand the applicabilitj= of the payment of in-lieu
of parking program. (ilLotion to continue to a date certain of 1ingust 2, 2011 Regular 1Leeting,
1lppro~-ed, 3-0)
D. RESOLUTION NO. 27-11: Consider approval of Resolution No. 27-11 establishing a
budget for the Stormwater Utility System, establishing the rates for FY 2012 Stormwater
Management Assessments, and certify=ing and adopring the Stormwater Assessment
Roll. (ilLotion to approve, 1lppro~-ed, 3-0)
E. ORDINANCE NO. 22-11 (SECOND READING/SECOND PUBLIC
HEARINGI: Consider a citj=-initiated amendment to the Land Development
Regularions (LDR) Section 4.6.9, "Off Street Parking Regularions", Subsection 4.6.9(C),
"Number of Parking Spaces Required", and Appendix "A", "Definitions", by adding
the definition of call centers and providing for specific parking requirements for call
centers. (ilLotion to approve, 1lppro~-ed, 3-0)
F. ORDINANCE NO. 23-11: Consider a citj=-initiated amendment to the Land
Development Regularions (LDR) Section 2.4.3, "Submission Requirements", Subsection
(K), "Fees", Paragraph (1), "Development Applications", to increase development
application fees. (ilLotion to approve,llppro~-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.
07/19/2011
-6-
12. FIRST READINGS:
A. ORDINANCE NO. 24-11: Consider an ordinance amending the historic district
classification for 32 East Atlanric Avenue from non-contriburing to contributing. If
passed, a public hearing will be held on August 2, 2011. (~~Iotion to a~r~rrove, A~~roved, 3-
0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. Citj=Manager
B. Citj= Attorney=
C. Citj=Commission
POSTED: JULY 15, 2011
o~/I~/2oII
-~-