CALL TO ORDER AND ROLL CALL AGENDA REGULAR CITY COMMISSION MEETING Tuesday, August 20, 2013 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE Bishop Patrick Kelly, Cathedral Church of God APPROVAL OF THE MINUTES City Commission Meeting Minutes August 13, 2013 ACKNOWLEDGEMENT OF BOARD MINUTES 1) Code Enforcement Special Magistrate Minutes July 8, 2013 APPROVAL OF THE AGENDA August 20, 2013 PRESENTATIONS 1) Certificate of Recognition presented to Monica Susick, Teacher at Tedder Elementary, and Avis Swenson, Kiwanis Club. (Requested by Commissioner Ben Preston) 2) Mayor Robb to present a certificate of recognition to Jordan Murphy and Bryan Gonzalez-Perez for their achievement at the Ringside National World Boxing Tournament. 3) Check presentation in recognition of the Give Back Campaign for Recycling Perks. 4) Presentation of the Deerfield Beach Complete Streets Guidelines. WRITTEN REQUESTS 1) Barbara Miranda, 160 Ventnor J, Deerfield Beach, wishes to address the City Commission regarding an organic community garden. 2) Caryl Berner, 3130 Cambridge F, Deerfield Beach, wishes to address the City Commission regarding the importance of City events on the Deerfield Beach Island. 1
CONSENT AGENDA 1) Resolution 2013/ - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving a special event application and closing of the International Fishing Pier for filming of the television show The Cooking Cult ; approving the use of City Staff and City owned generators and golf cars; and providing for an effective date. 2) Resolution 2013/ - A Resolution of the City Commission of the City of Deerfield Beach, Florida, adopting Complete Streets Guidelines; and providing for an effective date. 3) Resolution 2013/ - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving an amendment to the agreement between the City and the Areawide Council on Aging of Broward County, Inc. in connection with the Alzheimer s Disease Initiative Program; providing for execution; and providing for an effective date. 4) Resolution 2013/ - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving an amendment to the interlocal agreement between Broward County and the City of Deerfield Beach for Community Bus Service to provide for renewal for an additional one year term; providing for execution; and providing for an effective date. 5) Resolution 2013/ - A Resolution of the City Commission of the City of Deerfield Beach authorizing the City Manager to execute an application with the State of Florida Department of Transportation for the temporary closing/special use of State roads and the Hillsboro Bridge for the annual Dunn s Run Charity Event on October 6, 2013; approving $8,787.00 in inkind services; and providing for an effective date. 6) Resolution 2013/ - A Resolution of the City Commission of the City of Deerfield Beach approving the closure of NE 2 nd Street from Hillsboro Boulevard to A1A for the Daytime Radness event on October 18, 2013; and providing for an effective date. 2
CONSENT AGENDA CONTINUED 7) Resolution 2013/ - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving an agreement with Broward County for a grant of funds for the Tivoli Sand Pines Preserve Phase II; and authorizing execution of the agreement. 8) Resolution 2013/ - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving an interlocal agreement between the City of Deerfield Beach and the Deerfield Beach Community Redevelopment Agency for the redevelopment of a portion of Sullivan Park; and authorizing execution of the interlocal agreement. 9) Resolution 2013/ - A Resolution of the City Commission of the City of Deerfield Beach, Florida, awarding a contract for the purchase of backflow preventers and pressure vacuum breakers to the lowest, responsive, responsible bidder, HD Supply Waterworks, LTD.; authorizing execution of all contract documents; and providing for an effective date. (Funds from Account #401-5030-536-35-84 Materials & Supplies/Meters & Pipes) 10) Resolution 2013/ - A Resolution of the City Commission of the City of Deerfield Beach, Florida, awarding a sole source contract to Xylem Water Solutions, Inc. for Flygt pumps for use in lift stations; and authorizing execution of the contract. (Funds from Account #401-5030-536-60-43 Capital Outlay Other Machinery & Equipment) 11) Resolution 2013/ - A Resolution of the City Commission of the City of Deerfield Beach, Florida, awarding a sole source contract to Xylem Water Solutions, Inc. for control panels for use in lift stations; and authorizing execution of the contract. (Funds from Account #401-5030-536-35-28 Material to Maintain Wastewater System) 12) Resolution 2013/ - A Resolution of the City Commission of the City of Deerfield Beach, Florida, awarding a sole source contract to Florida Bearings, a division of Kaman Industrial Technologies for the purchase of Wilo pumps for use in wastewater lift stations; and authorizing execution of the contract. (Funds from Account #401-5030-536-60-43 Capital Outlay Other Machinery & Equipment) 3
CONSENT AGENDA CONTINUED 13) Resolution 2013/ - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving the utilization of State Contracting and Engineering Corporation to commence the construction manager at risk process for the construction of Northeast Third Avenue Roadway Improvements; and providing for an effective date. 14) Resolution 2013/ - A Resolution of the City Commission of the City of Deerfield Beach, Florida, repealing Resolution No. 2008/051 adopted March 18, 2008 relating to Quasi-Judicial procedures; creating new Quasi-Judicial procedures; creating Section 101: Intent; Section 102: Applicability; Section 103: Definitions; Section 104: Ex-Parte Communications; Section 105: General Procedures; Section 106: Order of the Proceeding; Section 107: Evidence; Section 108: Cross-Examination; Section 109: Continuances and Deferrals; Section 110: Judicial Notice; Section 111: Basis of Decision; Section 112: Supplementing the Record; Section 113: Record of the Quasi- Judicial Proceeding; Section 114: Appeals; providing a severability clause; providing for an effective date. 15) Ordinance 2013/ - AN ORDINANCE ADOPTED BY THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AMENDING CHAPTER 34 OF THE CITY CODE TO ADD ARTICLE VII FLORIDA FRIENDLY FERTILIZER USE; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR TIMING OF FERTILIZER APPLICATIONS; PROVIDING FOR FERTILIZER FREE ZONES; PROVIDING FOR FERTILIZER CONTENT AND APPLICATION RATES; PROVIDING FOR FERTILIZER APPLICATION PRACTICES; PROVIDING FOR MANAGEMENT OF GRASS CLIPPINGS AND VEGETATIVE MATTER; PROVIDING FOR EXEMPTIONS; PROVIDING FOR TRAINING; PROVIDING FOR LICENSING OF COMMERCIAL APPLICATORS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: Commission to vote on Ordinance and set public hearing for September 3, 2013 4
PUBLIC HEARING 2 ND READING 16) P.H. 2013-147: Ordinance 2013/ - AN ORDINANCE OF THE CITY OF DEERFIELD BEACH AMENDING CHAPTER 50, PARKS AND RECREATION, AMENDING SECTION 50-105 REGULATING HOURS OF OPERATION FOR CITY PARKS AND FACILITIES TO INCLUDE ADDITIONAL RESTRICTIONS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. ACTION: Commission to vote on Ordinance QUASI-JUDICIAL PUBLIC HEARINGS If any Commissioner has had any oral ex-parte communications regarding a quasi-judicial matter on the agenda, you must state on the record at the beginning of the quasi-judicial proceeding the subject of the communication and the identity of the person, group, or entity with whom the communication took place. If any Commissioner has received a written ex-parte communication regarding a quasi-judicial matter on the agenda, you must state on the record at the beginning of the quasi-judicial proceeding the subject of the written communication and the identity of the person, group, or entity with who sent the written communication and provide a copy of the written communication to the City Clerk for the official record. 17) P.H. 2013-148: APPLICATION 13-D1c-02 Applicant: RUSS KUSSACK Proposal: To construct 14, one-family detached dwelling units totaling 19,408 square feet (12 units at 1,343 square feet and 2 units at 1,646 square feet). Location: A 2.17-acre parcel described as a portion of Lot 1, Block 3 of the SPRING LAKE SUBDIVISION, located at 4302-4452 N.W. 1 st Terrace. 18) P.H. 2013-149: NON-VEHICULAR ACCESS LINE (NVAL) AMENDMENT ORIOLE INDUSTRIAL PARK PLAT (07-P-183) Applicant: CRYSTAL POINT DEVELOPERS, represented by Jeff Chauncey Proposal: To amend the non-vehicular access line (NVAL) on the ORIOLE INDUSTRIAL PARK PLAT. Location: The property is described as ORIOLE INDUSTRIAL PARK 116-1 B, PARCEL A, less the South 1284 feet, located at 4950 N. Powerline Road. 5
QUASI-JUDICIAL PUBLIC HEARINGS CONTINUED 19) P.H. 2013-150: SIGN VARIANCE CASE NO. 721 Applicant: DELAND DEVELOPMENT II, LLC, represented by Patricia Ortiz Request: Seeking the following 5 SIGN VARIANCES, all from the provisions of Section 102-8 (c)(2)(a) of the Deerfield Beach Land Development Code: 1.) a second building sign on the east side 110 sq. ft. in size; 2.) a third building sign on the east side (10 sq. ft. in size); 3.) a fourth building sign on the east side (12 sq. ft. in size); 4.) a fifth building sign on the east side (24 sq. ft. in size); and 5.) a building sign on the south side 110 sq. ft. in size. The Code allows one building sign per street frontage not to exceed 100 sq. ft. in size; AND seeking a SIGN VARIANCE from the provisions of Section 102-8 (c)(1)(d)(1) to allow a third freestanding monument sign. The Code allows two freestanding monument signs, one per each street frontage. Location: The proposed signs will be located at 1441 S. Federal Highway. 20) P.H. 2013-151: SIGN VARIANCE CASE NO. 722 Applicant: ALDI FLORIDA, LLC, represented by Greenspoon Marder, P.A. Request: Seeking the following 3 SIGN VARIANCES from the provisions Section 102-8 (c)(2)(a) of the Deerfield Beach Land Development Code: 1.) a second building sign on the east side 21 sq. ft. in size; 2.) a 46 sq. ft. building sign on a side not facing a street (south side); AND 3.) a 21 sq. ft. building sign on a side not facing a street (south side). The Code allows one building sign per street frontage. Location: The proposed signs will be located at 747 S. Federal Highway. 21) P.H. 2013-152: APPLICATION 13-B2-118 Applicant: DEERFIELD FLORIDA HOUSE, LLC, represented by Scott Backman Proposal: Site plan modification to change the use from restaurant to substance abuse treatment facility and add 10,462 square feet to the existing 12,300 square-foot building, for a total of 22,762 square feet. Location: The property is a 1.83 acre parcel described as Parcels B, C, and D, BARWAL PLAT, located at 500 S. Federal Highway. 6
GENERAL ITEMS 22) Resolution 2013/ - A Resolution of the City Commission of the City of Deerfield Beach, Florida, awarding a contract for the rehabilitation of sanitary sewer lift stations to the lowest, responsive, responsible bidder, Intercounty Engineering, Inc.; and authorizing execution of all contact documents. (Funds from Account #413-5000-536-60-31 Water & Sewer Renewal & Replacement Fund Improvements other than Buildings) 23) Resolution 2013/ - A Resolution of the City Commission of the City of Deerfield Beach, Florida, awarding a contract for the construction of Quiet Waters Athletic Park to the lowest, responsive, responsible bidder, MBR Construction, Inc.; authorizing execution of all contract documents; and providing for an effective date. (Funds from Florida Municipal Loan Council Revenue Bonds, Series 2006 Construction Account #356-8000-572-61-12) 24) Consideration to modify the Rules of Procedure for City Commission Meetings. 25) Resolution 2013/ - A Resolution of the City Commission of the City of Deerfield Beach, Florida, appointing two (2) members to the Board of Trustees of the Municipal Firefighters Pension Fund; and providing for an effective date. ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS COMMENTS BY MAYOR AND COMMISSIONERS PUBLIC TO BE HEARD Persons addressing the Commission during this segment may not discuss items that are on the agenda. A four (4) minute time limit will be imposed on those addressing the Commission. The Commission shall take the subject under advisement and refer to administration unless a majority of the Commission wishes to discuss the matter. ADJOURNMENT FUTURE MEETINGS Regular Meeting September 3, 2013 Regular Meeting September 16, 2013 7
Written requests to address the Commission must be submitted to City Manager one week (Tuesday by 2:00 PM) prior to commission meeting. Any person wishing to appeal any decision made by the City Commission with respect to any matter considered at such meetings or hearings will need a record of the proceedings, and for such purposes may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and the evidence upon which the appeal is made. The above notice is required by State Law (F.S. 286.0105). Anyone desiring a verbatim transcript shall have the responsibility, at his/her own expense, to arrange for the presence of a certified court reporter at the hearing. 8