11-01-11 Agenda Results Regular Meeting
City of Delray Beach
Regular Commission Meeting
**AGENDA RESULTS***
City Commission Meeting
Tuesday, November 1, 2011
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
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
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
presiding officer has discretion to ad just the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
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 unde r this section. The Commission may
withhold comment or direct the City Ma nager 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 cons ensus of the City Commission.
2. SIGN IN SHEET: Prior to the start of the Co mmission 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 si gn-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 rema rks 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 th e 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.
The City will furnish auxiliary aids and serv ices to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by th e City. Contact Doug Smith at 243-7010,
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.
100 NW 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
11/01/2011
- 2 -
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor McDuffie noted for Item 9.H., Appointment to the Education
Board, the application for Miriam Hanan was WITH DRAWN; revised informati on is on the dais for
Item 12.D., Ordinance No. 42-11. Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
A. October 11, 2011 – Special/Workshop Meeting (Approved, 5-0)
B. October 18, 2011 – Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Families Reading Together Month – November 2011
7. PRESENTATIONS:
A. Aid to Victims of Domestic Abuse (AVDA) – Pamela O’Brien
B. S.P.I.R.I.T. (Service, Performance, Integ rity, Responsibility, Innovation, Teamwork)
Committee Quarterly Awards Presentation)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. REQUEST FOR SIDEWALK DEFERRAL/106 SEA LANE: Approve a request
to defer the installation of a sidewalk along Lowry Street for the property located at 106
Sea Lane.
B. ACCEPTANCE OF A STORMWATER EASEMENT DEED/401 S.W. 10 TH
STREET: Approve and accept a stormwater ease ment deed for property located at 401
S.W. 10th Street.
C. AMENDMENT NO. 3 TO THE AGREEMENT/GOVDEALS, INC.: Approve
Amendment No. 3 to the Agreement with GovDeals, Inc. for online auction sale of
surplus City vehicles and equipment.
11/01/2011
- 3 -
D. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA)/US 1 CORRIDOR BEAUTIFICATION: Approve an Interlocal
Agreement with the Community Redevel opment Agency (CRA) in the amount
$1,856,708.00 for the repayment of the State Infrastructure Bank (SIB) loan applied for
from the Florida Department of Transpor tation (FDOT) for the US 1 Beautification
Project.
E. REVISED INTERLOCAL AGREEMENT/PALM BEACH COUNTY
FOR S.W. 12 TH AVENUE/AUBURN AVENUE/S.W. 14 TH AVENUE:
Approve a revised Interlocal Agreement with Palm Beach County for reimbursement to
the City in the amount of $1,000,000.00 for costs associated with improvements
along S.W. 12th Avenue/Auburn Avenue/S.W. 14th Avenue from S.W. 10th Street to
West Atlantic Avenue.
F. AMENDMENT NO. 1 TO THE INTERLOCAL
AGREEMENT/COMMUNITY REDEVE LOPMENT AGENCY (CRA) FOR
FUNDING OF CONSTRUCTION/PROFESSIONAL SERVICES: Approve
Amendment No. 1 to the Interlocal Agr eement with the Community Redevelopment
Agency (CRA) for funding of construction costs and professional services for certain
projects as listed on Exhibit “A” attached to the Agreement for FY 11/12.
G. CONSULTING SERVICE AUTHORIZAT ION NO. 07-05.2/KIMLEY-HORN
AND ASSOCIATES, INC.: Approve Service Authorization No. 07-05.2 to Kimley
Horn and Associates, Inc. in the amount of $32,081.99 for design of the Federal
Highway Enhancements Project. Funding is available from 334-3162-541-68.52
(General Construction Fund: Other Improvement/Federal Highway Beautification) and
442-5178-536-68.52 (Water & Sewer Renewal & Replacement Fund: Improvements
Other/Federal Highway Beautification).
H. AGREEMENT/ACHIEVEMENT CENTERS FOR CHILDREN AND
FAMILIES (ACCF): Approve an agreement between the City of Delray Beach and
Achievement Centers for Children and Families (ACCF) in the amount of $52,000.00 to
carry out services at the Village Academy Beacon Center for FY 2011-2012. Funding is
available from 001-4111-572-83.01 (G eneral Fund: Other Grants & Aid).
I. HAZARDOUS MATERIALS TECHNICIAN COURSE/HAZMAT IQ:
Approval for nine Fire-Rescue Department personnel to attend a Hazardous Materials
Technician course offered by HazMat IQ in the amount of $15,750.00 to be
reimbursed through the Homeland Security Domestic Preparedness Grant Program.
Funding is available from 00 1-2315-526-54.30 (General Fund: Books/ Publications/
Subscriptions/ Memberships/ Training/ Education Costs).
J. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS
COMMITTEE: Approve and ratify certain ap pointments to the Kids and Cops
Committee for two (2) year terms ending November 30, 2013.
11/01/2011
- 4 -
K. SPECIAL EVENT REQUEST/15 TH ANNUAL DELRAY BEACH CRAFT
FESTIVAL: Approve a special event request to endorse the 15th Annual Delray
Beach Craft Festival sponsored by Howard Al an Events, Ltd. to be held February 25-
26, 2012 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section
2.4.6(F) for use of N.E. 2nd Avenue, from the alley north of Atlantic to midway
between N.E. 3rd Street and N.E. 4th Str eet (south of the City Walk condo garage
entrance), and use of the north end of City Ha ll’s parking lot for vendor parking, and to
provide staff support for traffic control, security and fire inspection services.
L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
October 17, 2011 through October 28, 2011.
M. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Municipal Lighting in the amount of $49,841.00 for the
purchase of twelve (12) concrete str eet light standards and LED fixtures to
replace standards being removed on Atlantic Avenue due to rust and corrosion.
Funding is available from 334-31 62-541-46.14 (General Construction
Fund: Repair and Maintenance Services/Atlantic Avenue Street Light
Replacement).
2. Contract award to Special Products Gr oup (SPG) in the annual estimated
amount of $60,000.00 for uniform pr ocurement for Fire-Rescue Department
personnel. Funding is available from 001-2315-526-52.22 (General Fund:
Operating Supplies/Uniforms/Linen Serv ice), 001-2311-522-52.22 (General
Funds: Operating Supplies/Uniforms/L inen Service) 001-2313-522-52.22
(General Fund: Operating Supplies/Uniforms/Linen Service) and 001-2317-
522-52.22 (General Fund: Operating Supplies/Uniforms/Linen Service).
3. Contract award to Zoll Medical Corporation in the amount of $22,040.50 to
renew the extended warranty and semi-annual preventive maintenance contract
and provide guaranteed repair coverage for seventeen (17) 12 Lead EKG
Monitor/Defibrillators. Funding is ava ilable from 001-2315-526-46.20 (General
Fund: Repair & Maintenance Services/Equipment Maintenance).
4. Purchase award to American Traffic Pr oducts & Services in the amount of
$16,040.00 for the City's yearly supply of reflective sign sheeting. Funding is
available from 001-3141-541-52.20 (General Fund: Operating Supplies/General
Operating Supplies).
5. Award to Fluid Control Specialties, Inc. in the amount of $34,812.00 for
purchase and delivery of large replacem ent valves at City’s Water Treatment
Plant for Filter #3. Funding is availa ble from 442-5178-536-64.90 (Water &
Sewer Renewal & Replacement Fund: Machinery/Equipment/Other
Machinery/Equipment).
11/01/2011
- 5 -
6. Purchase award to Sentry Industries in the amount of $257,000.00 for purchase
and delivery of sodium hypochlorite “as needed”. Funding is available from
441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals).
7. Purchase award to Tanner Industries, Inc. in the annual estimated amount of
$31,000.00 for the purchase and delivery of anhydrous ammonia “as needed” via
City of Port Orange, Florida Bid# B10-16; contingent upon execution of a City
Standard Agreement as approved by th e City Attorney. Funding is available
from 441-5122-536-52.21 (Water and Sewer Fund: Operating
Supplies/Chemicals).
9. REGULAR AGENDA:
A. CONDITIONAL USE REQUEST/ DELRAY COMMUNITY PHARMACY:
Consider approval of a conditional use request to allow, within the Mixed Residential,
Office and Commercial (MROC) zoning district, the construction of a drive-thru lane at
the Delray Community Pharmacy, located at 1601 South Congress Avenue. (Quasi-
Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0)
B. REQUEST FOR IN-LIEU OF PARKING SPACES/ATLANTIC OCEAN
CLUB: Consider a request for the purchase of eight (8) in-lieu of parking spaces in the
amount of $124,800.00 to accommodate an ex pansion of use for Atlantic Ocean Club
located at 217 East Atlantic Avenue. (Quasi-Judicial Hearing) (Motion to adopt board
order as presented; Approved, 5-0)
C. JOINDER TO MEMORANDUM OF UNDERSTANDING/MULTIPLE
AGENCIES: Consider approval of a Joinder to the Memorandum of
Understanding between South Florida Water Management District (SFWMD), LWDD,
Palm Beach County and the City of Fort Lauderdale regarding the C-51 Water Supply
and Water Quality Reservoir Planning and Development. (Motion to approve; Approved,
5-0)
D. SETTLEMENT OFFER IN ILENIA JOSEPH v. CITY OF DELRAY
BEACH: Consider a Settlement Offer in the to tal amount of $20,000.00 in Ilenia
Joseph v. City of Delray Beach. Staff reco mmends approval subject to the receipt of the
appropriate releases. (Motion to approve; Approved, 5-0)
E. SPECIAL EVENT REQUEST/TREE LIGHTING/ON THE
AVENUE: Consider approval of a special even t request to endorse the Tree Lighting
and On the Avenue to be held on Decembe r 1, 2011 from 5:00 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 N.E./S.E. 6th Avenue, and to the alley north of Atlantic
Avenue on N.E. 1st Avenue, N.E. 2nd Av enue, Railroad Way, and N.E. 4th Avenue
and from Atlantic to the alley south on S.E. 1st Avenue, S.E. 2nd Avenue,
S.E. 3rd Avenue and S.E. 4th Avenue; to authorize staff support for security, traffic
control, banner hanging and removal, barricade set up and removal, trash removal, clean
up, EMS assistance, fire inspection services an d use of the large City stage; contingent
upon receipt of the Hold Harmless Agreement. (Motion to approve; Approved, 5-0)
11/01/2011
- 6 -
F. SPECIAL EVENT REQUEST/50TH ANNUAL DELRAY AFFAIR: Consider
approval of a special event request from the Chamber of Commerce to endorse the
50th Annual Delray Affair to be held on April 13-15, 20 12, to grant a temporary use
permit per LDR’s Section 2.4.6(F) for use of City property and rights-of-way as
requested including Atlantic Avenue from S.W. 2nd Avenue to Palm Square, to allow all
vendor permits to be assigned and approved by the Chamber of Commerce, to allow
this to be the only event held on these dates in the City, to provide a waiver of parking
time restrictions in the downtown area during the event, and to provide staff support as
requested; contingent upon the conditions of approval listed in the staff report. (Motion
to approve with staff conditions; Approved, 5-0)
G. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1)
regular member to the Police Advisory Board to serve an unexpired term ending July
31, 2013. Based upon the rotation sy stem, the appointment will be made by
Commissioner Carney (Seat #1). (Appointed Annette Annechild and approved, 5-0)
H. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular
member to the Education Board to serve an unexpired term ending July 31, 2012. Based
upon the rotation system, the appointment will be made by Commissioner Gray (Seat
#4). (Commissioner Gray’s appointment was DEFERRED to the November 15, 2011
Regular Commission Meeting)
I. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1)
regular member to the Financial Review Board to serve an unexpired term ending July
31, 2012. Based upon the rotation system, the appointment will be made by
Commissioner Frankel (Seat #3). (Appointed David Stein and approved, 4-0)
J. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) alternate member to the Code Enfor cement Board to serve an unexpired term
ending January 14, 2013. Based upon the rota tion system, the appointment will be made
by Commissioner Alperin (Seat #2). (Appointed Stephanie Sugar and approved, 4-0)
K. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
alternate member to the Board of Adjustme nt to serve an unexpired term ending
August 31, 2013. Based upon the rotation sy stem, the appointment will be made by
Commissioner Frankel (Seat #3). (Appointed Brenda Cullinan and approved, 4-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 38-11: Consider an annexation (via th e provisions of the executed
Agreement for Water Service and Consent to A nnexation) with initia l City zoning of CF
(Community Facilities) for Lago Vista, lo cated at the southeas t corner of Linton
Boulevard and the LWDD E-3 Canal. (Quasi-Judicial Hearing) (Motion to approve;
Approved, 5-0)
11/01/2011
- 7 -
B. ORDINANCE NO. 25-11: (SECOND READING/ADOPTION HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 2011-1): Consider approval and
adoption of Comprehensive Plan amendment 2011-1 including the following text
changes. (Motion to approve; Approved, 5-0)
A. City Initiated Text Amendments:
i. City Initiated: Future Land Use Element - Addition of Policy A-5.4 to
require the building and site de signs for all development and
redevelopment projects to incorporate Crime Prevention Through
Environmental Design (CPTED) standa rds to the greatest extent possible.
ii. City-initiated: Capital Improvement Element - Update the City’s
Reclaimed Water Capital Improvement Schedule (Table RW-CIP) to
reflect adoption of the FY2012-FY201 6 Capital Improvements Program.
iii. City-initiated: Capital Improvemen t Element - Update the City’s Five-
Year Capital Improvements Schedule (Table CI-CIP) to reflect adoption
of the FY2012-FY2016 Capital Improvements Program.
iv. City-initiated: Capital Improvement Element - Update the Palm Beach
County School District’s Capital Improvement Schedule (Table SD-CIP)
to reflect adoption of its FY2012-FY2016 Capital Improvements Program.
B. City initiated Future Land Use Map amendment:
i. City initiated Future Land Use Map amendment from County INST/8
(Institutional with an underlying Reside ntial of 8 units per acre) to City CF
(Community Facilities) for Lago Vista, located at the southeast corner of
Linton Boulevard and the LWDD E-3. (Quasi-Judicial Hearing)
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. ORDINANCE NO. 37-11: Consider a city initiated amendment to the Land
Development Regulations (LDR) Section 4.5.3, “Flood Damage Control Districts”,
Subsection (D), “Construction Standards”, to modify the section while maintaining
compliance with State Statutes and Federal Requirements. If passed, a public hearing
will be held on November 15, 2011. (Motion to approve; Approved, 5-0)
11/01/2011
- 8 -
B. ORDINANCE NO. 40-11: Consider a city initiated amendment to the Land
Development Regulations (LDR) Section 4.6.9(E )(3), “In-Lieu Fee”, to clarify that the
maximum percentage of in-lieu spaces applies only to new developments and the
expansion of existing developments. If passed a public hearing will be held on
November 15, 2011. (Motion to approve; Approved, 5-0)
C. ORDINANCE NO. 41-11: Consider a city initiated amendment to the Land
Development Regulations (LDR) Section 2.4.6(F), “Temporary Use Permit”, to clarify
the approval authority for uses under a tent. If passed, a public hearing will be held on
November 15, 2011. (Motion to approve; Approved, 5-0)
D. ORDINANCE NO. 42-11: Consider an amendment to Chapter 33, “Police and Fire-
Rescue Departments”, Section 33.64, “Contributions”, Subsection (A), “Member
Contributions”, to increase employee contributions by 3% in compliance with the new
terms of the Collective Bargaining Agreement. If passed a public hearing will be held on
November 15, 2011. (Motion to approve; Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: OCTOBER 28, 2011
****** Meeting adjourned at 8:54 p.m. ******