08-02-11 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, August 2, 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. (ilbxyor 1Lc~I7uffie noted Ttem 7.11.., S.Z?.LR.T.'I'. (Ser~-ic~e, Z'erformanc~e,
Integrity, Respon5il_7ilit~-, Innovation, 'I'eam~,vork) Committee Quarterly 11~,vards Presentation, ,vas
1~05'I'hONED. Approved as amended, 4-0)
5. APPROVAL OF MINUTES:
A. July 12, 2011 -Special/Workshop Meering (Approved, 4-0)
B. July 19, 2011 -Regular Meeting (Approved, 4-0)
6. PROCLAMATIONS:
A. None
7. PRESENTATIONS:
A. S.P.LR.LT. (Service, Performance, Integritj=, Responsibilitj=, Innovation, Teamwork)
Committee Quarterly Awards Presentation)
B. 25`h Annual Delray Citizens for Delray Police Scholarship Presentation - Perrj=
DonFrancisco
8. CONSENT AGENDA: City Manager Recommends Approval (Approved, 4-0)
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 adopting a
budget for FY 2012 at their Quarterly Meeting of July 21, 2011.
B. QUEST FOR SIDEWALK DEFERRAL/115 GROVE WAY: Approve a
request to defer the installation of sidewalk along N.W. 2nd Avenue and Grove Way for
the property located at 115 Grove Way.
C. INCREASE TO THE BLANKET PURCHASE AWARD/BAKER'S
TRANSPORT SERVICES: Approve an increase to the blanket purchase award with
Baker's Transport Services (BTS) in the amount of $55,000.00 to continue providing
hauling and disposal services for liquid lime slurrj= from the Water Treatment Plant
(WTP) through the remainder of the fiscal year. Funding is available from 441-5122-
536-34.90 (Water and Sewer Fund: Other Contractual Services).
08/02/2011
-2-
D. INCREASE TO THE BLANKET PURCHASE AWARD /DEVLAND SITE
DEVELOPMENT INC.: Approve an increase to the blanket purchase award with
Devland Site Development Inc. in the amount of $42,000.00 to continue providing
hauling and disposal services of lime sludge from the Water Treatment Plant (WTP)
through the remainder of the fiscal year. Funding is available from 441-5122-536-34.90
(Water and Sewer Fund: Other Contractual Services).
E. RATIFICATION OF APPOINTMENTS TO THE PARKING
MANAGEMENT ADVISORY BOARD: Approve and ratify= the appointments of
Mr. Herman Stevens, Communitj= Redevelopment Agency= and Mr. Mark Krall,
Planning and Zoning Board, for two (2) year terms ending July 31, 2013.
F. AMENDMENT NO. 1 TO THE LEASE AGREEMENT/SCHOOL BOARD
OF PALM BEACH COUNTY/HILLTOPPER STADIUM: Approve Amendment
No. 1 to the Lease Agreement between the Citj= and the School Board of Palm Beach
Countj= for the use of School Facilities.
G. AMENDMENT NO. 4 TO THE INTERLOCAL AGREEMENT/SCHOOL
BOARD OF PALM BEACH COUNTY /SEACREST SOCCER COMPLEX:
Approve Amendment No. 4 to the Interlocal Agreement to update the hours of use of
the Seacrest Soccer Complex.
H. GRANT AWARD/DEPARTMENT OF HOMELAND SECURITY;
STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE
SA( FER~ Authorize acceptance of the Staffing for Adequate Fire and Emergency=
Response (SAFER) Grant in the amount of $595,982.00 to hire four (4) additional
Firefighter/Paramedics to complete the staffing at Fire Station No. 2.
I. FY 2012 TENNIS RATES/TENNIS FACILITIES: Approve the proposed
maximum rates for the Tennis Facilities.
FY 2012 GOLF RATES/LAKEVIEW GOLF COURSE: Approve the proposed
maximum rates for the Lakeview Golf Course.
K. FY 2012 GOLF RATES/DELRAY BEACH MUNICIPAL GOLF COURSE:
Approve the proposed maximum rates for the Delray=Beach Municipal Golf Course.
L. AGREEMENT/BURTON & ASSOCIATES INC./FIRE ASSESSMENT FEE:
Approve an agreement with Burton & Associates, Inc. in the amount of $41,378.00 to
conduct a stud= for implementation of a Fire Assessment Fee.
08/02/2011
-3-
M. SPECIAL EVENT REQUEST/SANDOWAY HOUSE BLUE WATER
RUN: Approve the endorsement of a new event, Sandowa~= House Blue Water Run,
sponsored by Sandoway House Nature Center to be held on November 12, 2011 from
6:15 a.m. until approximately 11:00 a.m., to grant a temporary use permit per LDR
Section 2.4.6(F) for use of Ingram Parking lot and the Citj= right-of-wad= along Ocean
Boulevard from Casurina to George Bush Boulevard, to waive parking meter fees in
Ingram Parking lot and the Sandowa~= lot, and to authorize staff support for traffic
control and barricading, site cleanup and use of the small Citj= stage; contingent upon
receipt of Certificate of Liability= Insurance and Hold Harmless Agreement fourteen (14)
dad=s prior to the event.
N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made b~= the Land Development Boards for the period
July 18, 2011 through July 29, 2011.
O. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Line-Tec in the amount of $72,874.75 for installing water
meters and connecting customers along Martin Luther King Jr. Drive and for
connecting the Pompe~= Park facilitj= to the Reclaimed Water s~=stem. Funding is
available from 441-5161-536-49.23 (Water and Sewer Fund: Other Current
Charges/OB/Reclaim Water Distribution S~=stem).
2. Purchase award to HiTech Coatings, Inc. in the amount of $16,340.00 for
installation of a new flooring s~=stem in the locker rooms and shower areas at
Pompey Park Pool. Funding is available from 001-4135-572-46.10 (General
Fund: Repair and Maintenance Services/Building Maintenance).
3. Purchase award to Cartegraph Systems, Inc. in the amount of X177,708.21 for
licensing, installation and training for an asset management s~=stem with
application modules for public utilities, engineering and storm water functions.
Funding is available from 441-5161-536-66.10 (Water and Sewer Fund:
Books/Publications/Software).
9. REGULAR AGENDA:
A. CONDITIONAL USE REQUEST/SEGWAY TOURS OF DELRAY BEACH:
Consider approval of a Conditional Use Request to establish a Segwa~= tour and sales
facility= known as Segwa~= Tours of Delra~= Beach located at 162 Pineapple Grove Wad=.
(Quasi-judicial Hearing) (1~lotion to adopt board order as presented, subject to conditions
as listed on F?xhil_7it "11", 1lppro~-ed, 4-0)
B. CONDITIONAL USE REQUEST/VILLAGE SQUARE: Consider approval of a
Conditional Use Request to allow a density= in excess of twelve (12) units per acre in
conjunction with the construction of 253 residential units on 18.18 acres which results
in a densitj= of 13.91 units per acre for Village Square located on the east side of Auburn
Avenue, and S.W. 13th Avenue between S.W. 7th Street and S.W. 10th Street. (Quasi-
,judicial Hearing (~1~~Iotion to adopt board order as presented; Approved, 4-0)
08/02/2011
-4-
1. WAIVER REQUESTS/ VILLAGE SQUARE: Consider approval of waiver
requests to Land Development Regulations (LDR) Section 4.6.9(D)(2),
"Provisions for Ingress and Egress", which requires that parking spaces enter
and exit in a forward manner on travel ways exceeding 200 ADT (Average Daily
Trips and to Land Development Regulations (LDR) Section 4.3.4(K),
"Development Standards Matrix", to allow changes to the lot sizes. (Quasi-
, judicial Hearing) (~~Iotion to adopt board order as presented; Approved, 4-0)
C. CONSIDERATION OF AN APPEAL/THE OFFICE RESTAURANT:
Consider an appeal to renew the Sidewalk Cafe permit with tables adjacent to the curb
for The Office Restaurant, located at 201 East Atlantic Avenue. (Quasi Judicial
Hearing (1Lotion to adopt 1.7oard order as presented (denying the appeal); 1lppro~-ed, 4-0)
D. PROPOSED AMENDMENT NO. 1 TO THE INTERLOCAL
AGREEMENT/TOWN OF GULF STREAM/FIRE RESCUE
SERVICES: Consider Amendment No. 1 to the Interlocal Agreement with the Town
of Gulf Stream to provide for an increase in the fee paid to the Citj= based upon the
Town's annexation of additional property=. (1~~Iotion to approve Amendment No. 1 to the
Interlocal 1greement ~,vith start date of 1Larch 15, 2011 and those pa~-ments can 1.7e deferred;
1lpproved, 3-1. Commissioner Frankel dissenting)
E. APPOINTMENT OF PERSON TO FILL UNEXPIRED TERM OF
COMMISSIONER FETZER: Consider appointment of a person to fill the
unexpired term of Commissioner Fetzer (Seat #2) until the March 13, 2012 Municipal
Election. (Consensus of the Commission to place this as a Special 1Leeting Item on 1ingust 9,
2011)
F. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint two (2)
regular members to serve unexpired terms ending July 31, 2012 and one (1) alternate
member to serve a two (2) year term ending July 31, 2013 to the Financial Review
Board. Based upon the rotation system, the appointments will be made by
Commissioner Frankel (Seat #3), Mayor McDuffie (Seat #5) and Commissioner Carney
(Seat #1). (1ppointed 1lnthon~- Cottone and appro~-ed, 4 0. 1La~-or 1Lc~I7uffie and
Commissioner Carney's appointments ~,vere DEFE12112ED to the 1lugust 16, 2011 Regular
Commission 1Leeting)
G. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) regular
members to serve two (2) year terms ending July 31, 2013 to the Education Board. Both
appointments will be made by Commissioner Frankel (Seat #3). (Appointed Lee Cohen
and appro~-ed, 4-0,11ppointed Shannon Sch~,vartz and appro~-ed, 4-0)
H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) alternate 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 Gray (Seat #4). (Appointed Robert ~~%ells Sr. and approved, 4-0)
08/02/2011
-5-
I. 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, both appointments will be made by Commissioner
Frankel (Seat #3). (1ppointed Rol_7ert Shell and appro~-ed, 4-0; 1ppointed I~:e~-in `e'arner and
approved, 4-0)
APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one
(1) regular member to the Nuisance Abatement Board to serve a two (2) year term
ending July 31, 2013. Based upon the rotation system, the appointment will be made by
Commissioner Frankel (Seat #3). (Appointed Nayda Cottone-Ovadia and approved, 4-0)
K. 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 Frankel (Seat #3). (Appointed Jonathan Jonas and approved, 4-0)
L. APPOINTMENT TO THE PARHING MANAGEMENT ADVISORY
BOARD: Appoint one (1) Citizen-at-Large Representative to the Parking Management
Advisory Board to serve a two (2) year term ending July 31, 2013. Based upon the
rotation system, the appointment will be made by Commissioner Frankel (Seat #3).
(1ppointed Brian Rosen and appro~-ed, 4-0)
M. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint three (3) regular members to serve a three (3) year term ending July 31, 2014
and one (1) regular member to serve an unexpired term ending July 31, 2012 to the
Neighborhood Advisor= Council. Based upon the rotation system, the appointments
will be made by Commissioner Carney (Seat #1), Commissioner Frankel (Seat #3),
Mayor McDuffie (Seat #5) and Commissioner Frankel (Seat #3). (Appointed Theresa
I7iPerna and appro~-ed, 4-0; 1ppointed I7a~-id Stein and appro~-ed, 4-0; 1ppointed Lee Cohen
and appro~-ed, 4-0.11ppointed 1Laureen Smith and appro~-ed, 4-0)
10. PUBLIC HEARINGS:
A. PUBLIC COMMENTS/FY 2012 PROPOSED BUDGET: The Citj= Commission
will hear public comments, if any, regarding the FY 2012 Proposed Budget at this rime.
B. ORDINANCE NO. 20-11: Consider a citj=-iniriated amendment to the Land
Development Regulations (LDR) Secrion 4.4.13, "Central Business (CBD) District",
Subsecrion (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 in a part of those
districts. (1~~Iotion to approve Ordinance No. 20-11, I3ENIEI3, 4-0)
C. ORDINANCE NO. 21-11: Consider a citj=-initiated amendment to the Land
Development Regulations (LDR) that will provide addirional opportunities for property=
owners to voluntarily parricipate in the payment in-lieu of parking program. (Motion to
approve Ordinance No. 21-11;11pproved, 3-1. Commissioner Frankel dissenting)
08/02/2011
-6-
D. RESOLUTION NO. 29-11/AGREEMENT TO EXCHANGE REAL
PROPERTY: DEPOT INDUSTRIAL CENTER, LLC: Consider approval of
Resolution No. 29-11 which adopts and includes the Agreement to Exchange Real
Property between the City and Depot Industrial Center, LLC. (~~Iotion to approve,
1lppro~-ed, 4-0)
1. RESOLUTION NO. 30-11/DEPOT ROAD ABANDONMENT:
Consider approval of Resolution No. 30-11; abandonment of a 3.23 acre
portion of Depot Road and a 0.04 portion of N.W. 2114 Street (a.k.a. Depot
Road) 1~=ing between Interstate-95 and the CSX Railroad, south of Lake Ida
Road in conjunction with a proposed plat for amixed-use residential/office
development named Historic Depot Square. (~~Iotion to approve, Approved, 4-0)
2. FINAL SUBDIVISION PLAT APPROVAL/DEPOT INDUSTRIAL
CENTER, LLC: Consider approval of the final plat fora 14.29 acre mixed-
use development being platted as Historic Depot Square located between
Interstate-95 and the CSX Railroad, south of Lake Ida Road. (~~Iotion to approve,
1lppro~-ed, 4-0)
E. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG~
CONSOLIDATED ANNUAL ACTION PLAN FY 2011 - 2012: Consider approval
of the CDBG Consolidated Annual Action Plan FY 2011-12 as required by the United
States Department of Housing & Urban Development (HUD) for utilization of federal
grant funds. (ilLotion to approve, 1lppro~-ed, 4-0)
F. ORDINANCE NO. 25-11: (FIRST READING/TRANSMITTAL HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 2011-11: Consider on first
reading an ordinance adopting Comprehensive Plan Amendment 2011-1 and associated
Future Land Use Map (FLUM) amendments, and authorize transmittal to the State
Land Planning Agency. (~~Iotion to approve, Approved, 4-0)
i. Future Land Use Element - Citj= initiated text amendment adding Polio=
A-5.4 to require the building and site designs for all development and
redevelopment projects to incorporate Crime Prevention Through
Environmental Design (OPTED) standards to the greatest extent
possible.
ii. Citj= initiated Future Land Use Map (FLUM) amendment from Count=
INST/8 (Institutional with an underl~=ing Residential of 8 units per acre
to Cit= CF (Communit= Facilities) for Lago Vista, located at the
southeast corner of Linton Boulevard and the Lake Worth Drainage
District (LWDD) E-3 Canal.
G. ORDINANCE NO. 24-11: Consider an ordinance amending the historic district
classification for 32 East Atlantic Avenue from non-contributing to contributing.
(THE REQUEST TO HAVE THE PROPERTYRECLASSIFIED HAS BEEN
WITHDRAWN BY THE PROPERTY OWNER) (~~Iotion to approve, DENIED, 4-
0)
08/02/2011
-7-
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: JULY 29, 2011
08/02/2011
-8-