09-06-11 Agenda Results Regular MeetingMicrosoft Word - 09-06-11 Agenda Results Regular Meeting.doc
City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** City Commission Meeting Tuesday, September 6, 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 adjust 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 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. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to
participate in and enjoy the benefits of a service, program, or activity conducted by the 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
09/06/2011 -2 -1. ROLL CALL. (Commissioner Frankel absent) 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor McDuffie noted Item 7.B., Resolution No. 31-11
was REMOVED; Item 9.I., Appointment to the Financial Review Board, Warren Trilling requested his application be WITHDRAWN. Approved as amended, 4-0) 5. APPROVAL OF MINUTES: A. August
2, 2011 – Regular Meeting (Approved, 4-0) B. August 16, 2011 – Regular Meeting (Approved, 4-0) 6. PROCLAMATIONS: A. None 7. PRESENTATIONS: A. Keep Palm Beach County Beautiful Grant –
Marjorie Ferrer B. RESOLUTION NO. 31-11: Approve Resolution No. 31-11 recognizing and commending Vivian Mitchell for 30 years of dedicated service to the City of Delray Beach. (REMOVED)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 4-0) A. ACCEPTANCE OF A WATER UTILITY EASEMENT DEED/DELRAY MOTORS, INC.: Approve and accept a water utility easement deed
for Delray Motors, Inc. for Delray Chrysler Jeep Dodge, located at 2102 South Federal Highway. B. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) PERMIT FEES: Approve payment of
permit fees in the amount of $23,561.41 for the upcoming Beach Renourishment fill event tentatively scheduled for March, 2012. Funding is available from 332-4164-572-31.30 (Beach Restoration
Fund: Professional Services/Engineering/Architectural). C. REQUEST FOR SIDEWALK DEFERRAL/738 SEASAGE DRIVE: Approve a request to defer the installation of a sidewalk along Seasage Drive
for a proposed single family residence located at 738 Seasage Drive. D. MODIFICATIONS TO THE CONTRACTOR PREQUALIFICATION PROCEDURE AND APPLICATION PROCESS: Approve modifications to the
Contractor Prequalification Procedure and Application process.
09/06/2011 -3 -E. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/VILA AND SON LANDSCAPE CORPORATION: Approve a Contract Closeout (Change Order No. 1/Final) in the amount of a $92,897.68 decrease
and final payment in the amount of $27,971.60 to Vila and Son Landscape Corporation for completion of the Atlantic Avenue Median Landscape Beautification Project. Funding is available
334-3162-541-61.15(General Construction Fund: Capital Outlay/Improvements-Medians). F. AMENDMENT NO. 1 TO THE ELEVATOR MAINTENANCE SERVICE CONTRACT/ORACLE ELEVATOR COMPANY: Approve Amendment
No. 1 to the Elevator Maintenance Service Contract with Oracle Elevator Company providing for the addition of the elevator at Miller Park. Funding is available from 001-4121-572-34.90
(General Fund: Other Contractual Service). G. AMENDMENT NO. 1 TO THE AGREEMENT (CHANGE ORDER NO. 1)/SOUTHLAND PAINTING CORPORATION: Approve Amendment No. 1 to the Agreement (Change Order
No. 1) to Southland Painting Corporation in the amount of $28,935.00 for the additional rehabilitation work of Clarifier #4 at the Water Treatment Plant. Funding is available from 442-5178-536-46.90
(Water & Sewer & Replacement Fund: Repair & Maintenance Service/Other Repair/Maintenance Cost). H. AMENDMENT NO. 1 TO THE JOINT PARTICIPATION AGREEMENT, FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT): GATEWAY FEATURE: Approve Amendment No. 1 to the Joint Participation Agreements with the Florida Department of Transportation (FDOT) for the proposed landscaping along Atlantic
Avenue (SR 806) from I-95 to N.W./S.W. 12th Avenue. I. INTERLOCAL AGREEMENT/PALM BEACH COUNTY FOR S.W. 12TH AVENUE/AUBURN AVENUE/S.W. 14TH AVENUE: Approve an 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. J. DISASTER RECOVERY INITIATIVE (DRI)/HOUSING REHABILITATION CONTRACT AWARD: Approve one Housing Rehabilitation contract award for 354 N.W. 6th Avenue
to South Florida Construction Services, Inc., the lowest responsive bidder, in the amount of $37,875.95 for housing rehabilitation under the Disaster Recovery Initiative (DRI) Program.
Funding is available from 118-1960-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). K. FOURTH AMENDMENT TO DISASTER RECOVERY INITIATIVE AGREEMENT (DRI2)/PALM
BEACH COUNTY: Approve a fourth Amendment to the agreement between the City and Palm Beach County for the Disaster Recovery Initiative Housing Rehabilitation Program (DRI2) Program as
proposed.
09/06/2011 -4 -L. ANNUAL PROJECT HOLIDAY/YOU ARE NOT ALONE ORGANIZATION: Approve a request for city support and assistance for the 6th Annual Project Holiday sponsored by the You Are
Not Alone Organization, which provides packages to armed services personnel. M. AMENDMENT NO. 1 TO THE LEASE AGREEMENT/DELRAY BEACH LIBRARY ASSOCIATION, INC.: Approve Amendment No. 1
to the Lease Agreement with Delray Beach Library Association, Inc. N. SUBLEASE AGREEMENT/DELRAY BEACH LIBRARY ASSOCIATION, INC./BUZZ AGENCY, LLC.: Approve a Sublease Agreement between
the Delray Beach Library Association, Inc. and the Buzz Agency, LLC. for twenty-six (26) months with two (2) two (2) year optional renewals. O. INTERLOCAL AGREEMENT/PALM BEACH COUNTY
DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT: Approve an Interlocal Agreement with Palm Beach County to provide for a fair share contribution by the City for funding of the administration
of the County Department of Environmental Resources Management (DERM) Wellfield Protection Program. P. CONTRACT ADDITION (CHANGE ORDER NO. 2)/BRANG CONSTRUCTION INC.: Approve a Contract
Addition (Change Order No. 2) to Brang Construction, Inc. in the amount of $8,900.00 for two (2) additional decorative columns for the Martin Luther King Jr. Drive Beautification Project.
Funding is available from Contract's Unforeseen Conditions Allowance and from 334-4141-572-68.57 (General Construction Fund: Other Improvement/Cultural Loop/MLK Drive Phase I). Q. ADDITIONAL
SCOPE/FOSTER MARINE CONTRACTORS, INC.: Approve additional scope with Foster Marine Contractors, Inc. for work to relocate ten (10) sewer cleanouts for the S.W. 12th Avenue/Auburn/S.W.
14th Avenue Project to be paid from the Unforeseen Conditions Allowance. R. RESOLUTION NO. 33-11/BUDGET AMENDMENT: Approve Resolution No. 33-11 amending Resolution No. 55-10 and Resolution
No. 25-11 which made appropriations of sums of money for all necessary expenditures of the City of Delray Beach for FY 2010/2011, by setting forth the anticipated revenues and expenditures
for the operating funds of the City for FY 2010/2011. S. EXTENSION OF THE INSURANCE AGENT/BROKER SERVICE AGREEMENT/THE PLASTRIDGE AGENCY, INC.: Approve an extension of the Insurance
Agent/Broker Service Agreement with The Plastridge Agency, Inc. for an additional one year period beginning 10/1/11. Funding is available from 551-1575-591-45.11(Insurance Fund/Insurance/General
Liability Premiums), 551-1575-591-45.31 (Insurance Fund/Insurance/Package Policy Premium), and 551-1575-591-4532 (Insurance Fund/Insurance/Package Policy Premiums, Excess Workers' Comp
Premium)
09/06/2011 -5 -1. PROPOSED RENEWAL OF PROPERTY AND CASUALTY INSURANCE/THE PLASTRIDGE AGENCY, INC.: Approve a proposed renewal of the City's major property and casualty insurance programs,
including workers' compensation, for the period October 1, 2011 thru September 30, 2012. Funding is available from 551-1575-591-45.11 (Insurance Fund/Insurance/General Liability Premiums),
551-1575-591-45.31 (Insurance Fund; Insurance Package Policy Premium), and 551-1575-591-45.32 (Insurance Fund; Insurance Package Policy Premiums, Excess Workers' Comp Premium). T. EXTENSION
OF CONSULTING AGREEMENT/GALLAGHER BENEFIT SERVICES, INC.: Approve an extension of the Consulting Agreement with Gallagher Benefit Services, Inc. in the expected amount of $114,654.00
for employee benefits management consulting services. Funding is available from 551-1575-591-45.20 (Insurance Fund: Insurance/Claims Handling Costs). U. STATE HOMELAND SECURITY GRANT
AGREEMENT: Approve an Agreement with the Florida Department of Financial Services in the amount $53,716.00 to accept the 2010 Domestic Preparedness Grant from the State Homeland Security
Grant Program to sustain equipment and training for hazardous materials incidents and incidents involving weapons of mass destruction. V. MEMORANDUM OF UNDERSTANDING/DEPARTMENT OF HIGHWAY
SAFETY: Approve a Memorandum of Understanding with the Department of Highway Safety to provide the Police Department access to D.A.V.I.D. (Driver and Vehicle Information Database) which
allows searches of driver license records and vehicles to aid law enforcement in investigations. W. GRANT APPLICATION; 2011 ASSISTANCE TO FIREFIGHTERS: Authorize submission of a grant
application to the Federal Emergency Management Agency for the 2011 Assistance to Firefighters Grant. X. GRANT AWARD/RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG):
Approve and accept the FY 2011 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) award in the amount of $53,503.00 which will provide funding to support the Holiday Robbery
Task Force. Y. BOND COUNSEL SERVICE/GREENBERG, TRAURIG, LLP/STEVEN D. SANFORD: Appoint Steven D. Sanford of Greenberg, Traurig, LLP as bond counsel for two (2) proposed water and sewer
re-financings. Z. FINANCIAL ADVISORY SERVICES/JAY GLOVER: Appoint Jay Glover, Public Financial Management, to act as financial advisor for two (2) proposed water and sewer re-financings.
AA. RESOLUTION NO. 37-11: Approve Resolution No. 37-11 assessing costs for abatement action required to remove nuisances on five (5) properties throughout the City.
09/06/2011 -6 -BB. SPECIAL EVENT REQUEST/12TH ANNUAL DOWNTOWN DELRAY BEACH THANKSGIVING WEEKEND ART FESTIVAL: Approve a special event request for the 12th Annual Downtown Delray Beach
Thanksgiving Weekend Art Festival to be held on November 26-27, 2011 from 10:00 a.m. until 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of N.E. 2nd
Avenue from the alley just north of Atlantic Avenue to approximately 400 feet north of N.E. 3rd Street, leaving an access lane to the City Walk parking garage, and to authorize staff
support for traffic control, security, and Fire Inspector with the sponsor paying all overtime costs. CC. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and
decisions made by the Land Development Boards for the period August 15, 2011 through September 2, 2011. DD. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Kuhn Flooring Gallery I
LLC., in the amount of $28,030.00 for the replacement of floor covering at Fire Headquarters Station No. 1 including removal of old floor covering, labor and materials. Funding is available
from 001-2311-522-46.10 (General Fund: Repair & Maintenance Services/Building Maintenance). 2. Purchase award to Innovyze in the amount of $27,000.00 for the purchase of a Water Modeling
program, “InfoWater Suite 8.1”. Funding is available from 441-5123-536-66.10 (Water and Sewer Fund: Books/Publications/Software). 3. Contract award to Foster Marine Contractors, Inc.
in the amount of $46,800.00 for the annual Lift Station Rehabilitation program. Funding is available from 442-5178-536-68.15 (Water & Sewer Renewal & Replacement Fund: Improvements Other/Lift
Station Rehabilitation). 4. Contract award to Odums Sod, Inc. in the amount of $16,500.00 for 100,000 square feet of sod for the S.W. 3rd Street and 6th Ave Water Main Upgrade Project.
Funding is available from 442-5178-536-68.62 (W & S Renewal & Replacement Fund: Improvements Other/S.W. 3rd Street & 6th Avenue WM Upgrade). 5. Purchase award to Motorola in the amount
of $18,316.46 for four (4) Motorola APX6000 portable radios in an effort to maintain equipment quality and service readiness. Funding is available 001-2315-526-64.90 (General Fund: Machinery/Equipmen
t/Other Machinery/Equipment). 6. Purchase award to Bergeron Sand, Rock & Aggregate, Inc. in the amount of $16,500.00 for 1,000 tons of limerock, to be installed by the City's in-house
construction crew, for the S.W. 3rd Street and 6th Avenue Water Main Upgrade Project. Funding is available from 442-5178-536-68.62 (W & S Renewal & Replacement Fund: Improvements Other/S.W.
3rd Street & 6th Avenue WM Upgrade).
09/06/2011 -7 -9. REGULAR AGENDA: A. BID AWARD/RANDOLPH AND DEWDNEY CONSTRUCTION, INC.: Consider approval of a bid award to Randolph and Dewdney Construction, Inc. in the amount of $456,710.00
for renovations to the Pompey Park Concession Stand. Funding is available from 334-4127-572-62.10 (General Construction Fund: Building). (Motion to approve; vote 2 to 2 (NO ACTION TAKEN).
This item will come back at the September 20, 2011 Regular Meeting with additional information from staff) B. SETTLEMENT OFFER IN DOMINICK DIVENCENZO V. CITY OF DELRAY BEACH: Consider
a Settlement Offer in the total amount of $25,000.00 in Dominick DiVencenzo v. City of Delray Beach. (Motion to approve settlement offer; Approved, 4-0) C. SPECIAL EVENT REQUEST/13th
ANNUAL GARLIC FESTIVAL: Consider approval of a special event request for the 13th Annual Garlic Festival to be held February 10-12, 2012, and grant a temporary use permit per LDR Section
2.4.6(F) for use of City rights-of-way to include N.E. 1st Avenue from Atlantic to the grass area at Old School Square, Swinton Avenue from Atlantic to N.E. 1st Street and Old School
Square Park, from 6:00 a.m., February 10 through midnight, February 12, 2012 and use of the Old School Square Parking Garage, CRA parking lots in Block 60, City Hall north lot, City
Attorney lot and the County Parking Garage, and authorize staff support for traffic control and security, EMS assistance, barricading, banner hanging, signage preparation and installation,
use of a City generator, and waiver of the two (2) hour parking limit in the downtown area during the event subject to the conditions listed in the staff report. (Motion to approve with
change in boundary and subject to conditions listed in staff report; Approved, 4-0) D. COMMISSION LIAISON APPOINTMENTS/SEAT #2: Reassignment of City Commission Seat #2 Liaison Appointments
to various Advisory Boards and outside agencies. (Motion for Commissioner Alperin to resume liaison assignments for Seat #2; Approved, 4-0) E. APPOINTMENT TO THE HISTORIC PRESERVATION
BOARD: Appoint one (1) regular member to serve a two (2) year term ending August 31, 2013 to the Historic Preservation Board. Based upon the rotation system, the appointment will be
made by Commissioner Gray (Seat #4). (Appointed Samuel Spear and approved, 4-0) F. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member and one (1) alternate member
to the Code of Enforcement Board to serve unexpired terms ending January 14, 2013. Based upon the rotation system, the appointments will be made by Mayor McDuffie (Seat #5) and Commissioner
Carney (Seat #1). (Appointed Ronald Gilinsky and approved 4-0. Commissioner Carney’s appointment was DEFERRED to the September 20, 2011 Regular Commission Meeting)
09/06/2011 -8 -G. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) regular member to the Board of Adjustment to serve an unexpired term ending August 31, 2012. Based upon the
rotation system, the appointment will be made by Commissioner Carney (Seat #1). (Commissioner Carney’s appointment was DEFERRED to the September 20, 2011 Regular Commission Meeting)
H. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) regular member for Zone 2 to the Neighborhood Advisory Council to serve a three (3) year term ending July 31, 2014.
Based upon the rotation system, the appointment will be made by Commissioner Carney (Seat #1). (Appointed Stephen Lampel and approved, 4-0) I. APPOINTMENT TO THE FINANCIAL REVIEW BOARD:
Appoint one (1) alternate member to the Financial Review Board to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner
Alperin (Seat #2). (Appointed David Stein and approved, 4-0) J. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to the Police Advisory 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 September
20, 2011 Regular Commission Meeting) K. APPOINTMENT TO THE KIDS AND COPS COMMITTEE: Appoint one (1) At-Large-Representative to the Kids and Cops Committee to serve a two (2) year term
ending July 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). (Appointed Phyllis Willingham and approved, 4-0) 10. PUBLIC HEARINGS:
A. RESOLUTION NO. 34-11 (TENTATIVE MILLAGE LEVY): A resolution tentatively levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment
of principal and interest on bonded indebtedness for FY 2012. (Motion to approve; Approved, 4-0) B. RESOLUTION NO. 35-11 (TENTATIVE MILLAGE LEVY/DDA): A resolution tentatively levying
a tax of one mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2012. (Motion to approve; Approved, 4-0) C. RESOLUTION
NO. 36-11 (TENTATIVE BUDGET ADOPTION FOR FY 2012): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the
period October 1, 2011 through September 30, 2012. (Motion to approve; Approved, 4-0)
09/06/2011 -9 -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. 29-11: Consider a city-initiated amendment to the Land Development Regulations (LDR) Section 4.4.13 “Central Business (CBD) District”,
Subsection (G), “Supplemental District Regulations” and Section 4.4.24, “Old School Square Historic Arts District (OSSHAD)”, Subsection (G), “Supplemental District Regulations” to clarify
the parking requirements for restaurants. If passed, a public hearing will be held on September 20, 2011. (Motion to approve; Approved, 4-0) B. ORDINANCE NO. 27-11: Consider amendments
to the Community Redevelopment Agency (CRA) Plan. If passed, a public hearing will be held on September 20, 2011. (Motion to approve; Approved, 4-0) C. ORDINANCE NO. 28-11: Consider
an ordinance which provides definitions for fraud, waste, abuse, misconduct and mismanagement related to the Palm Beach County Inspector General. If passed, a public hearing will be
held on September 20, 2011. (Motion to approve; Approved, 4-0) D. ORDINANCE NO. 30-11: Consider an Ordinance amending Chapter 96, “Fire Safety and Emergency Services”, of the Code of
Ordinances, by amending Section 96.16, “Certain Codes Adopted by Reference”, to promote clarity, conciseness, and a common sense methodology. If passed, a public hearing will be held
on September 20, 2011. (Motion to approve; Approved, 4-0) E. ORDINANCE NO. 31-11: Consider an amendment to Chapter 35, “Employee Policies and Benefits”, Section 35.089, “Definitions”,
to revise the definition of “Normal Retirement Date”. If passed, a public hearing will be held on September 20, 2011. (Motion to approve; Approved, 4-0) F. ORDINANCE NO. 26-11: Consider
a city-initiated amendment to the Land Development Regulations (LDR), to amend Article 2.2, “Establishment of Boards Having Responsibilities for Land Development Regulations”, and to
amend Section 4.4.6, “Medium Density Residential (RM)”, to provide for housekeeping corrections to outdated references. If passed, a public hearing will be held on September 20, 2011.
(Motion to approve; Approved, 4-0)
09/06/2011 -10 -G. ORDINANCE NO. 33-11: Consider an amendment Amending Chapter 91, “Animals”, Section 91.03, “Trapping, Hunting Birds”; Chapter 95, “Emergency Management”, Section 95.05,
“Declaration of a State Of Emergency”, and Section 95.09, “Police Emergencies”; Chapter 96, “Fire Safety and Emergency Services”, Section 96.25, “Discharge Or Use of Fireworks, Pyrotechnic
Devices and Special Effects”; Chapter 101, “Parks, Beaches and Recreation”, Section 101.20, “Firearms and Weapons; Fireworks”, Section 101.36, “Additional Rules Applying to Parks, Recreational
Facilities and the Municipal Beach”, Subsection 101.36(D), “Safety Hazards”, and Subsection 101.36(E), “Nuisances at Parks, Recreational Facilities and Municipal Beach Sites”; and Chapter
132, “Offenses Against Public Peace and Safety”, by repealing Section 132.02, “Disturbing the Peace; Public Places”, of the Code Of Ordinances, to conform with regulations set forth
in House Bill 45 amending Section 790.33, Florida Statutes and to otherwise comply with State and Federal Statutes. If passed, a public hearing will be held on September 20, 2011. (Motion
to approve; Approved, 4-0) 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: SEPTEMBER 2, 2011 ****** Meeting adjourned at 8:09
p.m. ******
09/06/2011
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1. ROLL CALL. (Commissioner Frankel absent)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor McDuffie noted Item 7.B., Resolution No. 31-11 was
REMOVED ; Item 9.I., Appointment to the Financial Re view Board, Warren Trilling requested his
application be WITHDRAWN . Approved as amended, 4-0)
5. APPROVAL OF MINUTES:
A. August 2, 2011 – Regular Meeting (Approved, 4-0)
B. August 16, 2011 – Regular Meeting (Approved, 4-0)
6. PROCLAMATIONS:
A. None
7. PRESENTATIONS:
A. Keep Palm Beach County Beautiful Grant – Marjorie Ferrer
B. RESOLUTION NO. 31-11: Approve Resolution No. 31-11 recognizing and
commending Vivian Mitchell for 30 years of dedicated service to the City of Delray
Beach. (REMOVED)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 4-0)
A. ACCEPTANCE OF A WATER UTIL ITY EASEMENT DEED/DELRAY
MOTORS, INC.: Approve and accept a water utility easement deed for Delray
Motors, Inc. for Delray Chrysler Jeep Dodg e, located at 2102 South Federal Highway.
B. FLORIDA DEPARTMENT OF EN VIRONMENTAL PROTECTION
(FDEP) PERMIT FEES: Approve payment of permit fees in the amount of
$23,561.41 for the upcoming Beach Renourish ment fill event tentatively scheduled for
March, 2012. Funding is available from 332-4164-572-31.30 (Beach Restoration Fund:
Professional Services/Engineering/Architectural).
C. REQUEST FOR SIDEWALK DEFERRAL/738 SEASAGE DRIVE: Approve a
request to defer the installation of a sidewalk along Seasage Drive for a proposed single
family residence located at 738 Seasage Drive.
D. MODIFICATIONS TO THE CONTRACTOR PREQUALIFICATION
PROCEDURE AND APPLICATION PROCESS: Approve modifications to the
Contractor Prequalification Procedure and Application process.
09/06/2011
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E. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/VILA AND SON
LANDSCAPE CORPORATION: Approve a Contract Cl oseout (Change Order
No. 1/Final) in the amount of a $92,897.68 decrease and final payment in the amount
of $27,971.60 to Vila and Son Landscape Corporation for completion of the Atlantic
Avenue Median Landscape Beautification Pr oject. Funding is available 334-3162-541-
61.15(General Construction Fund: Capital Outlay/Improvements-Medians).
F. AMENDMENT NO. 1 TO THE ELEV ATOR MAINTENANCE SERVICE
CONTRACT/ORACLE ELEVATOR COMPANY: Approve Amendment No. 1
to the Elevator Maintenance Service Contract with Oracle Elevator Company providing
for the addition of the elevator at Miller Pa rk. Funding is available from 001-4121-572-
34.90 (General Fund: Other Contractual Service).
G. AMENDMENT NO. 1 TO THE AGREEMENT (CHANGE ORDER NO.
1)/SOUTHLAND PAINTING CORPORATION: Approve Amendment No. 1 to
the Agreement (Change Order No. 1) to Southland Painting Corporation in the amount
of $28,935.00 for the additional rehabilitation work of Clarifier #4 at the Water
Treatment Plant. Funding is available from 442-5178-536-46.90 (Water & Sewer &
Replacement Fund: Repair & Maintenance Service/Other Repair/Maintenance Cost).
H. AMENDMENT NO. 1 TO THE JOIN T PARTICIPATION AGREEMENT,
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): GATEWAY
FEATURE: Approve Amendment No. 1 to the Joint Participation Agreements with
the Florida Department of Transportation (FDOT) for the proposed landscaping along
Atlantic Avenue (SR 806) from I-95 to N.W./S.W. 12th Avenue.
I. INTERLOCAL AGREEMENT/PALM BEACH COUNTY FOR S.W. 12TH
AVENUE/AUBURN AVENUE/S.W. 14TH AVENUE: Approve an Interlocal
Agreement with Palm Beach County for reim bursement to the City in the amount of
$1,000,000.00 for costs associated with im provements along S.W. 12th Avenue/Auburn
Avenue/S.W. 14th Avenue from S.W. 10th Street to West Atlantic Avenue.
J. DISASTER RECOVERY INIT IATIVE (DRI)/HOUSING
REHABILITATION CONTRACT AWARD: Approve one Housing
Rehabilitation contract award for 354 N.W. 6th Avenue to South Florida Construction
Services, Inc., the lowest responsive bidder, in the amount of $37,875.95 for housing
rehabilitation under the Disaster Recovery Initiative (DRI) Program. Funding is
available from 118-1960-554-49.19 (N eighborhood Services: Other Current
Charges/Housing Rehabilitation).
K. FOURTH AMENDMENT TO DISASTER RECOVERY INITIATIVE
AGREEMENT (DRI2)/PALM BEACH COUNTY: Approve a fourth
Amendment to the agreement between the City and Palm Beach County for the
Disaster Recovery Initiative Housing Re habilitation Program (DRI2) Program as
proposed.
09/06/2011
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L. ANNUAL PROJECT HOLIDAY/YOU ARE NOT ALONE
ORGANIZATION: Approve a request for city support and assistance for the 6th
Annual Project Holiday sponsored by the You Are Not Alone Organization, which
provides packages to armed services personnel.
M. AMENDMENT NO. 1 TO THE LE ASE AGREEMENT/DELRAY BEACH
LIBRARY ASSOCIATION, INC.: Approve Amendment No. 1 to the Lease
Agreement with Delray Beac h Library Association, Inc.
N. SUBLEASE AGREEMENT/DELRAY BE ACH LIBRARY ASSOCIATION,
INC./BUZZ AGENCY, LLC.: Approve a Sublease Agre ement between the Delray
Beach Library Association, Inc. and the Buz z Agency, LLC. for twenty-six (26) months
with two (2) two (2) year optional renewals.
O. INTERLOCAL AGREEMENT/PALM BEACH COUNTY DEPARTMENT
OF ENVIRONMENTAL RESOURCES MANAGEMENT: Approve an
Interlocal Agreement with Palm Beach County to provide for a fair share contribution
by the City for funding of the administration of the County Department of
Environmental Resources Management (DERM) Wellfield Protection Program.
P. CONTRACT ADDITION (CHANGE ORDER NO. 2)/BRANG
CONSTRUCTION INC.: Approve a Contract Addition (Change Order No. 2) to
Brang Construction, Inc. in the amount of $8,900.00 for two (2) additional decorative
columns for the Martin Luther King Jr. Drive Beautification Project. Funding is
available from Contract's Unforeseen Condit ions Allowance and from 334-4141-572-
68.57 (General Construction Fund: Other Improvement/Cultural Loop/MLK Drive
Phase I).
Q. ADDITIONAL SCOPE/FOSTER MARINE CONTRACTORS, INC.:
Approve additional scope with Foster Marine Contractors, Inc. for work to relocate ten
(10) sewer cleanouts for the S.W. 12th Av enue/Auburn/S.W. 14th Avenue Project to
be paid from the Unforeseen Conditions Allowance.
R. RESOLUTION NO. 33-11/BUDGET AMENDMENT: Approve Resolution No.
33-11 amending Resolution No. 55-10 and Resolution No. 25-11 which made
appropriations of sums of money for all nece ssary expenditures of the City of Delray
Beach for FY 2010/2011, by setting forth the anticipated revenues and expenditures for
the operating funds of the City for FY 2010/2011.
S. EXTENSION OF THE INSURANCE AGENT/BROKER SERVICE
AGREEMENT/THE PLASTRIDGE AGENCY, INC.: Approve an extension of
the Insurance Agent/Broker Serv ice Agreement with The Plastridge Agency, Inc. for
an additional one year period beginning 10 /1/11. Funding is available from 551-1575-
591-45.11(Insurance Fund/Insurance/General Liability Premiums), 551-1575-591-45.31
(Insurance Fund/Insurance/Package Poli cy Premium), and 551-1575-591-4532
(Insurance Fund/Insurance/Package Policy Premiums, Excess Workers' Comp
Premium)
09/06/2011
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1. PROPOSED RENEWAL OF PROPERTY AND CASUALTY
INSURANCE/THE PLASTRIDGE AGENCY, INC.: Approve a
proposed renewal of the City's major pr operty and casualty insurance programs,
including workers' compensation, for the period October 1, 2011 thru
September 30, 2012. Funding is available from 551-1575-591-45.11 (Insurance
Fund/Insurance/General Liability Prem iums), 551-1575-591-45.31 (Insurance
Fund; Insurance Package Policy Premium), and 551-1575-591-45.32 (Insurance
Fund; Insurance Package Policy Premiu ms, Excess Workers' Comp Premium).
T. EXTENSION OF CONSULTING AGREEMENT/GALLAGHER BENEFIT
SERVICES, INC.: Approve an extension of th e Consulting Agreement with
Gallagher Benefit Services, Inc. in the exp ected amount of $114,654.00 for employee
benefits management consulting services. Funding is available from 551-1575-591-
45.20 (Insurance Fund: Insurance/Claims Handling Costs).
U. STATE HOMELAND SECURITY GRANT AGREEMENT: Approve an
Agreement with the Florida Department of Fi nancial Services in the amount $53,716.00
to accept the 2010 Domestic Preparedness Grant from the State Homeland Security
Grant Program to sustain equipment and traini ng for hazardous materials incidents and
incidents involving weapons of mass destruction.
V. MEMORANDUM OF UNDERSTANDIN G/DEPARTMENT OF HIGHWAY
SAFETY: Approve a Memorandum of Understanding with the Department of
Highway Safety to provide the Police Depart ment access to D.A.V.I.D. (Driver and
Vehicle Information Database) which allows searches of driver license records and
vehicles to aid law enforcement in investigations.
W. GRANT APPLICATION; 2011 ASSISTANCE TO
FIREFIGHTERS: Authorize submission of a grant application to the Federal
Emergency Management Agency for the 20 11 Assistance to Firefighters Grant.
X. GRANT AWARD/RECOVERY ACT EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG): Approve and accept the FY 2011
Recovery Act Edward Byrne Memorial Just ice Assistance Grant (JAG) award in the
amount of $53,503.00 which will provide fu nding to support the Holiday Robbery Task
Force.
Y. BOND COUNSEL SERVICE/ GREENBE RG, TRAURIG, LLP/STEVEN D.
SANFORD: Appoint Steven D. Sanford of Greenberg, Traurig, LLP as bond counsel
for two (2) proposed water and sewer re-financings.
Z. FINANCIAL ADVISORY SERVICES/JAY GLOVER: Appoint Jay Glover,
Public Financial Management, to act as fina ncial advisor for two (2) proposed water and
sewer re-financings.
AA. RESOLUTION NO. 37-11: Approve Resolution No. 37-11 assessing costs for
abatement action required to remove nuisances on five (5) properties throughout the
City.
09/06/2011
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BB. SPECIAL EVENT REQUEST/12TH ANNUAL DOWNTOWN DELRAY
BEACH THANKSGIVING WEEKEND ART FESTIVAL: Approve a special
event request for the 12th Annual Downtown Delray Beach Thanksgiving Weekend Art
Festival to be held on November 26-27, 2011 from 10:00 a.m. until 5:00 p.m., to grant a
temporary use permit per LDR Section 2.4.6(F) for the use of N.E. 2nd Avenue from
the alley just north of Atlantic Avenue to approximately 400 feet north of N.E. 3rd
Street, leaving an access lane to the City Wa lk parking garage, and to authorize staff
support for traffic control, security, and Fire Inspector with the sponsor paying all
overtime costs.
CC. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
August 15, 2011 through September 2, 2011.
DD. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Kuhn Flooring Gallery I LLC., in the amount of $28,030.00
for the replacement of floor covering at Fire Headquarters Station No. 1
including removal of old floor covering, labor and materials. Funding is available
from 001-2311-522-46.10 (Gener al Fund: Repair & Maintenance
Services/Building Maintenance).
2. Purchase award to Innovyze in the amount of $27,000.00 for the purchase of a
Water Modeling program, “InfoWater Suite 8.1”. Funding is available from 441-
5123-536-66.10 (Water and Sewer Fund: Books/Publications/Software).
3. Contract award to Foster Marine Contractors, Inc. in the amount of $46,800.00
for the annual Lift Station Rehabilitation program. Funding is available from
442-5178-536-68.15 (Water & Sewer Renewal & Replacement Fund:
Improvements Other/Lift Station Rehabilitation).
4. Contract award to Odums Sod, Inc. in the amount of $16,500.00 for 100,000
square feet of sod for the S.W. 3rd Street and 6th Ave Water Main Upgrade
Project. Funding is available from 44 2-5178-536-68.62 (W & S Renewal &
Replacement Fund: Improvements Other/S.W. 3rd Street & 6th Avenue WM
Upgrade).
5. Purchase award to Motorola in the amou nt of $18,316.46 for four (4) Motorola
APX6000 portable radios in an effort to maintain equipment quality and service
readiness. Funding is available 001-2315-526-64.90 (General Fund:
Machinery/Equipment/ Other Machinery/Equipment).
6. Purchase award to Bergeron Sand, Rock & Aggregate, Inc. in the amount of
$16,500.00 for 1,000 tons of limerock, to be installed by the City's in-house
construction crew, for the S.W. 3rd St reet and 6th Avenue Water Main Upgrade
Project. Funding is available from 44 2-5178-536-68.62 (W & S Renewal &
Replacement Fund: Improvements Other/S.W. 3rd Street & 6th Avenue WM
Upgrade).
09/06/2011
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9. REGULAR AGENDA:
A. BID AWARD/ RANDOLPH AND DEWDNEY CONSTRUCTION, INC.:
Consider approval of a bid award to Rand olph and Dewdney Construction, Inc. in the
amount of $456,710.00 for renovations to the Pompey Park Concession Stand. Funding
is available from 334-4127-572-62.10 (General Construction Fund: Building). (Motion to
approve; vote 2 to 2 (NO ACTION TAKEN). This item will come back at the September 20,
2011 Regular Meeting with additi onal information from staff)
B. SETTLEMENT OFFER IN DOMINI CK DIVENCENZO V. CITY OF
DELRAY BEACH: Consider a Settlement Offer in th e total amount of $25,000.00 in
Dominick DiVencenzo v. City of Delray Beach. (Motion to approve settlement offer;
Approved, 4-0)
C. SPECIAL EVENT REQUEST/13th ANNUAL GARLIC FESTIVAL: Consider
approval of a special event request for th e 13th Annual Garlic Festival to be
held February 10-12, 2012, and grant a temporary use permit per LDR Section 2.4.6(F)
for use of City rights-of-way to include N.E. 1st Avenue from Atlantic to the grass area
at Old School Square, Swinton Avenue from Atlantic to N.E. 1st Street and Old School
Square Park, from 6:00 a.m., February 10 through midnight, February 12, 2012 and use
of the Old School Square Parking Garage, CRA parking lots in Block 60, City Hall
north lot, City Attorney lot and the County Parking Garage, and authorize staff support
for traffic control and security, EMS assist ance, barricading, banner hanging, signage
preparation and installation, use of a City generator, and waiver of the two (2) hour
parking limit in the downtown area during the event subject to the conditions listed in
the staff report. (Motion to approve with change in boundary and subject to conditions listed
in staff report; Approved, 4-0)
D. COMMISSION LIAISON APPOINTMENTS/SEAT #2: Reassignment of City
Commission Seat #2 Liaison Appointments to various Advisory Boards and outside
agencies. (Motion for Commissioner Alperin to resume liaison assignments for Seat #2;
Approved, 4-0)
E. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint
one (1) regular member to serve a two (2 ) year term ending August 31, 2013 to the
Historic Preservation Board. Based upon th e rotation system, the appointment will be
made by Commissioner Gray (Seat #4). (Appointed Samuel Spear and approved, 4-0)
F. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) regular member and one (1) alternate memb er to the Code of Enforcement Board to
serve unexpired terms ending January 14, 2013. Based upon the rotation system, the
appointments will be made by Mayor Mc Duffie (Seat #5) and Commissioner Carney
(Seat #1). (Appointed Ronald Gilinsky and approved 4-0. Commissioner Ca rney’s appointment
was DEFERRED to the September 20, 2011 Regular Commission Meeting)
09/06/2011
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G. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
regular member to the Board of Adjustment to serve an unexpired term ending August
31, 2012. Based upon the rotation syst em, the appointment will be made by
Commissioner Carney (Seat #1). (Commissioner Carney’s appointment was DEFERRED
to the September 20, 2011 Re gular Commission Meeting)
H. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) regular member for Zone 2 to the Neighborhood Advisory Council to
serve a three (3) year term ending July 31 , 2014. Based upon the rotation system, the
appointment will be made by Commissioner Carney (Seat #1). (Appointed Stephen
Lampel and approved, 4-0)
I. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1)
alternate member to the Financial Review Boar d to serve an unexpired term ending July
31, 2013. Based upon the rotation syst em, the appointment will be made by
Commissioner Alperin (Seat #2). (Appointed David Stein and approved, 4-0)
J. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1)
regular member to the Police Advisory Board to serve an unexpired term ending July
31, 2012. Based upon the rotation syst em, the appointment will be made by
Commissioner Gray (Seat #4). (Commissioner Gray’s appointment was DEFERRED to the
September 20, 2011 Regular Commission Meeting)
K. APPOINTMENT TO THE KIDS AND COPS COMMITTEE: Appoint one (1)
At-Large-Representative to the Kids and Cops Committee to serve a two (2) year term
ending July 31, 2013. Based upon the rotati on system, the appointment will be made by
Commissioner Gray (Seat #4). (Appointed Phyllis Willingham and approved, 4-0)
10. PUBLIC HEARINGS:
A. RESOLUTION NO. 34-11 (TENTATIVE MILLAGE LEVY): A resolution
tentatively levying a tax on all properties within the City of Delray Beach for operation
and maintenance and for payment of principal and interest on bonded indebtedness for
FY 2012. (Motion to approve; Approved, 4-0)
B. RESOLUTION NO. 35-11 (TENTATIVE MILLAGE LEVY/DDA): A
resolution tentatively levying a tax of one mill on all properties within the Downtown
Development Authority Taxing District of the City of Delray Beach for FY 2012.
(Motion to approve; Approved, 4-0)
C. RESOLUTION NO. 36-11 (TENTATIVE BUDGET ADOPTION FOR FY
2012): A resolution tentatively making appr opriations of sums of money for all
necessary expenditures of the City of Delray Beach for the period October 1, 2011
through September 30, 2012. (Motion to approve; Approved, 4-0)
09/06/2011
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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. 29-11: Consider a city-initiated amendment to the Land
Development Regulations (LDR) Section 4.4 .13 “Central Business (CBD) District”,
Subsection (G), “Supplemental District Regulations” and Section 4.4.24, “Old School
Square Historic Arts District (OSSHAD)”, Subsection (G), “Supplemental District
Regulations” to clarify the parking requireme nts for restaurants. If passed, a public
hearing will be held on September 20, 2011. (Motion to approve; Approved, 4-0)
B. ORDINANCE NO. 27-11: Consider amendments to the Community Redevelopment
Agency (CRA) Plan. If passed, a public he aring will be held on September 20, 2011.
(Motion to approve; Approved, 4-0)
C. ORDINANCE NO. 28-11: Consider an ordinance which provides definitions for
fraud, waste, abuse, misconduct and mismanagement related to the Palm Beach County
Inspector General. If passed, a public he aring will be held on September 20, 2011.
(Motion to approve; Approved, 4-0)
D. ORDINANCE NO. 30-11: Consider an Ordinance am ending Chapter 96, “Fire
Safety and Emergency Services”, of the Code of Ordinances, by amending Section
96.16, “Certain Codes Adopted by Reference”, to promote clarity, conciseness, and a
common sense methodology. If passed, a public hearing will be held on September 20,
2011. (Motion to approve; Approved, 4-0)
E. ORDINANCE NO. 31-11: Consider an amendment to Chapter 35, “Employee
Policies and Benefits”, Section 35.089, “Defin itions”, to revise the definition of
“Normal Retirement Date”. If passed, a pu blic hearing will be held on September 20,
2011. (Motion to approve; Approved, 4-0)
F. ORDINANCE NO. 26-11: Consider a city-initiated amendment to the Land
Development Regulations (LDR), to amend Article 2.2, “Establishment of Boards
Having Responsibilities for Land Developm ent Regulations”, and to amend Section
4.4.6, “Medium Density Residential (RM)”, to provide for housekeeping corrections to
outdated references. If passed, a public hearing will be held on September 20, 2011.
(Motion to approve; Approved, 4-0)
09/06/2011
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G. ORDINANCE NO. 33-11: Consider an amendment Amending Chapter 91, “Animals”,
Section 91.03, “Trapping, Hunting Birds”; Cha pter 95, “Emergency Management”, Section
95.05, “Declaration of a State Of Emergency”, and Section 95.09, “Police Emergencies”;
Chapter 96, “Fire Safety and Emergency Servi ces”, Section 96.25, “Discharge Or Use of
Fireworks, Pyrotechnic Devices and Special Effects”; Chapter 101, “Parks, Beaches and
Recreation”, Section 101.20, “Firearms and Wea pons; Fireworks”, Section 101.36, “Additional
Rules Applying to Parks, Recreational Fa cilities and the Municipal Beach”, Subsection
101.36(D), “Safety Hazards”, and Subsection 101.36 (E), “Nuisances at Parks, Recreational
Facilities and Municipal Beach Sites”; and Chap ter 132, “Offenses Against Public Peace and
Safety”, by repealing Section 132.02, “Disturbin g the Peace; Public Places”, of the Code Of
Ordinances, to conform with regulations set forth in House Bill 45 amending Section 790.33,
Florida Statutes and to otherwise comply with State and Federal Statutes. If passed, a public
hearing will be held on September 20, 2011. (Motion to approve; Approved, 4-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: SEPTE MBER 2, 2011
****** Meeting adjourned at 8:09 p.m. ******