02-21-12 Agenda Results Regular MeetingMicrosoft Word - 02-21-12 Agenda Results Regular Meeting.doc
City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** City Commission Meeting Tuesday, February 21, 2012 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
02/21/2012 -2 -1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: (Mayor McDuffie noted Item 8.C., Service Authorization No.
12-01/Mathews Consulting, Inc./Congress Avenue Force Main Replacement was moved to the Regular Agenda as Item 9.A.A.; the applicant requested that Item 9.C., Reimbursement Request/Robert
Goldstein be REMOVED; staff requested that Item 9.D., Franchise Agreement/Waste Management, Inc. be REMOVED. Approved as amended, 5-0) A. January 31, 2012 – Workshop Meeting (Approved,
5-0) B. February 6, 2012 – Workshop Meeting (Approved, 5-0) C. February 7, 2012 – Regular Meeting (Approved, 5-0) 6. PROCLAMATIONS: A. None 7. PRESENTATIONS: A. Recognizing and commending
Douglas Smith, Milena Walinski and Richard Reade for participating in the Palm Beach County League of Cities, Inc. Economic Sustainability Speaker Series. 8. CONSENT AGENDA: City Manager
Recommends Approval. (Approved as amended, 5-0) A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Approve and ratify the action of the South Central
Regional Wastewater Treatment and Disposal Board at their Quarterly Meeting of January 19, 2012. B. HOLD HARMLESS AGREEMENT/302 N.E. 7TH AVENUE: Approve a Hold Harmless Agreement with
Hartman House B & B, LLC. for encroachment of a sign into the right-of-way at 302 N.E. 7th Avenue. C. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA) D. REIMBURSEMENT TO FLORIDA EAST COAST
(FEC) RAILROAD: Approve reimbursement in the amount of $55,765.40 to Florida East Coast (FEC) Railroad for the reconstruction of the East Atlantic Avenue railroad crossing. Funding is
available from 334-3162-541-46.90 (General Construction Fund: Repair & Maintenance Services/Other Repair/Maintenance Costs).
02/21/2012 -3 -E. APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN ELECTION: Approve the poll workers for the First Nonpartisan Election to be held on March 13, 2012. F. REVIEW OF
APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 6, 2012 through February 17, 2012. G. AWARD OF
BIDS AND CONTRACTS: 1. Contract award to MWI Pumps in the amount of $16,987.17 to rebuild storm water pump at the Seasage Drive Pump Station. Funding is available from 448-5416-538-46.90
(Storm Water Utility Fund: Repair & Maintenance Svc/Other Repair/Maintenance Cost). 2. Purchase award to Broward Motor Sports in the amount of $21,336.00 for three (3) ATVs for Ocean
Rescue. Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery/Equipment/Automotive). 3. Purchase award to HD Supply Waterworks in the amount of $15,225.69 for various
piping materials to be installed by the City's in-house construction crew for N.W. 16th Street water main project. Funding is available from 442-5178-536-68.61 (Water/Sewer Renewal &
Replacement Fund: Improvements Other/N.W. 16th Street Water Main). 4. Purchase award to Intercounty Engineering, Inc. in the amount of $74,640.98 for emergency force main repair at Lowson
Boulevard and Congress Avenue intersection. Funding is available from 442-5178-536-46.24 (W & S Renewal & Replacement Fund: Repair & Maintenance Service/Repair Sewer Mains). 5. Purchase
award to Otto Waste Systems in the amount of $58,150.00 to purchase additional garage containers in various sizes for Barrier Island residents who will have curb-side service starting
April 1, 2012. Funding is available from 433-3711-534-49.90 (Sanitation Fund: Other Current Charges). 9. REGULAR AGENDA: AA. SERVICE AUTHORIZATION NO. 12-01/MATHEWS CONSULTING, INC./CONGRESS
AVENUE FORCE MAIN REPLACEMENT: Approve Service Authorization No. 12-01 to Mathews Consulting, Inc. in the amount of $106,291.00 for professional engineering services in the design of
the Congress Avenue Force Main Replacement project. Funding is available from 442-5178-536-68.89 (W & S Renewal & Replacement Fund: Improvements Other/Congress Avenue Force Main Replacement).
(Motion to approve; Approved, 5-0)
02/21/2012 -4 -A. APPEAL OF AN ADMINISTRATIVE INTERPRETATION/OFF THE AVE: Consider the appeal of an administrative interpretation by the City Manager that a sidewalk café cannot be established
in a public space which is not a sidewalk for Off the Ave located on SE 6th Avenue, south of Starbucks Coffee. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved,
5-0) B. WAIVER REQUEST/THE DELRAY BEACH PUBLIC LIBRARY: Consider a request to waive Land Development Regulations (LDR) Section 4.6.7(F)(3)(f), “Special Event Non-Roadway Banner Signing”,
to allow the Delray Beach Public Library to erect two (2) Centennial Banners (6’ x 21’) on the south elevation of the building, facing Atlantic Avenue for a period of six (6) months;
the beginning date may be selected by the Library. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) C. REIMBURSEMENT REQUEST/ROBERT GOLDSTEIN: Consider
a request to reimburse Robert Goldstein in the amount of $13,161.85 for Plan Review fees paid upon the submission of a permit application for a new single family home on July 19, 2005.
(REMOVED) D. AMENDMENT NO. 5 TO THE FRANCHISE AGREEMENT/WASTE MANAGEMENT, INC.: Consider a proposed Amendment No. 5 to the Franchise Agreement as requested by Waste Management, Inc.
(REMOVED) E. ADDITIONAL SCOPE/RANDOLPH & DEWDNEY CONSTRUCTION INC./POMPEY PARK CONCESSION STAND: Consider approval of additional scope for the Pompey Park Concession Stand project in
the amount of $2,614.50 for Randolph & Dewdney Construction, Inc. for relocation and extension of existing low voltage conduit, and modification of all flat roof areas; and approval
for the amount to be paid from the Contract's Contingency Allowance. (Motion to approve; Approved, 4-1. Commissioner Frankel dissenting) F. RESOLUTION NO. 10-12/MID YEAR BUDGET AMENDMENT:
Consider approval of Resolution No. 10-12 amending Resolution No. 42-11 adopted September 20, 2011, which made appropriations of sums of money for all necessary expenditures of the City
of Delray Beach for the FY 2011/2012, by setting forth the anticipated revenues and expenditures for the operating funds of the City for FY 2011/2012. (Motion to approve Resolution No.
10-12 with amendment to add in $105,000.00 for the beach pavilion; Approved, 5-0) G. PARKING STUDY CHARETTE RESULTS (Consensus of the Commission to find out how many employees will have
to park per shift, come up with a program to bring back to Commission and obtain additional information from Kimley-Horn & Associates) H. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD:
Appoint one (1) regular member to the Public Art Advisory Board to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Mayor
McDuffie. (Seat #5). (Mayor McDuffie’s appointment was DEFERRED to the March 6, 2012 Regular Meeting.)
02/21/2012 -5 -10. PUBLIC HEARINGS: A. ORDINANCE NO. 03-12 (SECOND READING/SECOND PUBLIC HEARING): Consider a city-initiated amendment to the Land Development Regulations (LDR), amending
Section 4.3.3, “Specific Requirements for Specific Uses”, by amending Subsection 4.3.3 (ZZZ), “Transient Residential Use”, in order to clarify prohibitions, exemptions/exceptions, waivers,
and penalties for same; amending Appendix “A”, “Definitions”, in order to amend the definition of “Transient Residential Use". (Motion to approve; 5-0) B. ORDINANCE NO. 04-12: Consider
a city-initiated amendment to the Land Development Regulations (LDR), by amending Section 2.4.7(G), “Requests for Accommodation”; Subsections (1), “Purpose”, and (8), “Request Form for
Reasonable Accommodation”, in order to remove obsolete references, in order to update same; enacting a new Subsection 2.4.7(G)(9), “Expiration of Approvals” to provide an expiration
date for untimely implementation of approvals. (Motion to approve; 5-0) C. ORDINANCE NO. 08-12: Consider a city-initiated amendment to Chapter 117, “Landlord Permits”, of the Code of
Ordinances, by amending Section 117.01, “Permit Required”, to clarify when a permit is required; amending Section 117.03, “Approval of Application”, to provide additional requirements;
amending Section 117.04, “Denial or Revocation of Permit Application; Appeals”, to clarify grounds for revocation; and amending Section 117.06, “Tenant/Occupant Eviction”, to ensure
notice and due process rights are followed or alternate housing is provided. (Motion to approve; 5-0) D. ORDINANCE NO. 06-12: Consider a city-initiated amendment to the Land Development
Regulations (LDR) Section 4.6.16, “Landscape Regulations”, to provide an updated landscape code. (Motion to approve; 5-0) 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
02/21/2012 -6 -13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: FEBRUARY 17, 2012 ****** Meeting adjourned at 9:37 p.m. ******
02/21/2012
- 2 -
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES: (Mayor McDuffie noted Item 8.C., Service Authorization No. 12-
01/Mathews Consulting, Inc./Congress Avenue For ce Main Replacement was moved to the Regular
Agenda as Item 9.A.A.; the applicant requested that Item 9.C., Reimbursement Request/Robert
Goldstein be REMOVED ; staff requested that Item 9.D., Fr anchise Agreement/Waste Management,
Inc. be REMOVED . Approved as amended, 5-0)
A. January 31, 2012 – Workshop Meeting (Approved, 5-0)
B. February 6, 2012 – Workshop Meeting (Approved, 5-0)
C. February 7, 2012 – Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. None
7. PRESENTATIONS:
A. Recognizing and commending Douglas Smith, Milena Walinski and Richard Reade
for participating in the Palm Beach Cou nty League of Cities, Inc. Economic
Sustainability Speaker Series.
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTION: Approve and ratify the
action of the South Central Regional Wastewater Treatment and Disposal Board at their
Quarterly Meeting of January 19, 2012.
B. HOLD HARMLESS AGREEMENT/302 N.E. 7 TH AVENUE: Approve a Hold
Harmless Agreement with Hartman House B & B, LLC. for encroachment of a sign
into the right-of-way at 302 N.E. 7th Avenue.
C. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA)
D. REIMBURSEMENT TO FLORIDA EA ST COAST (FEC) RAILROAD:
Approve reimbursement in the amount of $55,765.40 to Florida East Coast (FEC)
Railroad for the reconstruction of the East Atlantic Avenue railroad crossing. Funding
is available from 334-3162-541-46.90 (General Construction Fund: Repair &
Maintenance Services/Other Repair/Maintenance Costs).
02/21/2012
- 3 -
E. APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN
ELECTION: Approve the poll workers for the First Nonpartisan Election to be held
on March 13, 2012.
F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
February 6, 2012 through February 17, 2012.
G. AWARD OF BIDS AND CONTRACTS:
1. Contract award to MWI Pumps in the amou nt of $16,987.17 to rebuild storm
water pump at the Seasage Drive Pump St ation. Funding is available from 448-
5416-538-46.90 (Storm Water Utility Fund: Repair & Maintenance Svc/Other
Repair/Maintenance Cost).
2. Purchase award to Broward Motor Sports in the amount of $2 1,336.00 for three
(3) ATVs for Ocean Rescue. Funding is available from 501-3312-591-64.20
(Garage Fund: Machinery/Equipment/Automotive).
3. Purchase award to HD Supply Waterwor ks in the amount of $15,225.69 for
various piping materials to be installed by the City's in-house construction crew
for N.W. 16th Street water main project. Funding is available from 442-5178-
536-68.61 (Water/Sewer Renewal & Replacement Fund: Improvements
Other/N.W. 16th Street Water Main).
4. Purchase award to Intercounty Engineerin g, Inc. in the amount of $74,640.98
for emergency force main repair at Lowson Boulevard and Congress Avenue
intersection. Funding is available from 442-5178-536-46.24 (W & S Renewal &
Replacement Fund: Repair & Maintenance Service/Repair Sewer Mains).
5. Purchase award to Otto Waste Systems in the amount of $58,150.00 to purchase
additional garage containers in various si zes for Barrier Island residents who will
have curb-side service starting April 1, 2012. Funding is available from 433-
3711-534-49.90 (Sanitation Fund: Other Current Charges).
9. REGULAR AGENDA:
AA. SERVICE AUTHORIZATION NO. 12-01/MATHEWS CONSULTING,
INC./CONGRESS AVENUE FORCE MAIN REPLACEMENT: Approve
Service Authorization No. 12-01 to Math ews Consulting, Inc. in the amount of
$106,291.00 for professional engineering serv ices in the design of the Congress Avenue
Force Main Replacement project. Funding is available from 442-517 8-536-68.89 (W & S
Renewal & Replacement Fund: Improvemen ts Other/Congress Avenue Force Main
Replacement). (Motion to approve; Approved, 5-0)
02/21/2012
- 4 -
A. APPEAL OF AN ADMINISTRATIV E INTERPRETATION/OFF THE AVE:
Consider the appeal of an administrative interpretation by the City Manager that a
sidewalk café cannot be established in a public space which is not a sidewalk for Off the
Ave located on SE 6 th Avenue, south of Starbucks Coffee. (Quasi-Judicial Hearing)
(Motion to adopt board order as presented; Approved, 5-0)
B. WAIVER REQUEST/THE DELRAY BEACH PUBLIC LIBRARY: Consider a
request to waive Land Development Regula tions (LDR) Section 4.6.7(F)(3)(f), “Special
Event Non-Roadway Banner Signing”, to allo w the Delray Beach Public Library to
erect two (2) Centennial Banners (6’ x 21’) on the south elevation of the building, facing
Atlantic Avenue for a period of six (6) months; the beginning date may be selected by
the Library. (Quasi- Judicial Hearing) (Motion to adopt board order as presented;
Approved, 5-0)
C. REIMBURSEMENT REQUEST/ROBERT GOLDSTEIN: Consider a request
to reimburse Robert Goldstein in the amount of $13,161.85 for Plan Review fees paid
upon the submission of a permit application for a new single fam ily home on July 19,
2005. (REMOVED)
D. AMENDMENT NO. 5 TO THE FRANCHISE AGREEMENT/WASTE
MANAGEMENT, INC.: Consider a proposed Amendment No. 5 to the Franchise
Agreement as requested by Waste Management, Inc. (REMOVED)
E. ADDITIONAL SCOPE/RANDOLPH & DEWDNEY CONSTRUCTION
INC./POMPEY PARK CONCESSION STAND: Consider approval of additional
scope for the Pompey Park Concession Stan d project in the amount of $2,614.50 for
Randolph & Dewdney Construction, Inc. for relocation and extension of existing low
voltage conduit, and modification of all flat roof areas; and approval for the amount to
be paid from the Contract's Contingency Allowance. (Motion to approve; Approved, 4-1.
Commissioner Frankel dissenting)
F. RESOLUTION NO. 10-12/MID YEAR BUDGET AMENDMENT: Consider
approval of Resolution No. 10-12 amending Resolution No. 42-11 adopted September
20, 2011, which made appropriations of sums of money for all necessary expenditures
of the City of Delray Beach for the FY 20 11/2012, by setting forth the anticipated
revenues and expenditures for the operati ng funds of the City for FY 2011/2012.
(Motion to approve Resolution No. 10-12 with amendment to add in $105,000.00 for the beach
pavilion; Approved, 5-0)
G. PARKING STUDY CHARETTE RESULTS (Consensus of the Commission to find
out how many employees will have to park per shif t, come up with a program to bring back to
Commission and obtain additional information from Kimley-Horn & Associates)
H. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one
(1) regular member to the Public Art Advisory Board to serve an unexpired term ending
July 31, 2013. Based upon the rotation sys tem, the appointment will be made by Mayor
McDuffie. (Seat #5). (Mayor McDuffie’s appointment was DEFERRED to the March 6,
2012 Regular Meeting.)
02/21/2012
- 5 -
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 03-12 (SECON D READING/SECOND PUBLIC
HEARING): Consider a city-initiated amendment to the Land Development
Regulations (LDR), amending Section 4.3.3, “Specific Requirements for Specific Uses”,
by amending Subsection 4.3.3 (ZZZ), “Transie nt Residential Use”, in order to clarify
prohibitions, exemptions/exceptions, waiver s, and penalties for same; amending
Appendix “A”, “Definitions”, in order to amend the definition of “Transient
Residential Use". (Motion to approve; 5-0)
B. ORDINANCE NO. 04-12: Consider a city-initiated amendment to the Land
Development Regulations (LDR), by am ending Section 2.4.7(G), “Requests for
Accommodation”; Subsections (1), “Purpose”, and (8), “Request Form for Reasonable
Accommodation”, in order to remove obsolete references, in order to update same;
enacting a new Subsection 2.4.7(G)(9), “Exp iration of Approvals” to provide an
expiration date for untimely implementation of approvals. (Motion to approve; 5-0)
C. ORDINANCE NO. 08-12: Consider a city-initiated amendment to Chapter 117,
“Landlord Permits”, of the Code of Ordina nces, by amending Section 117.01, “Permit
Required”, to clarify when a permit is requi red; amending Section 117.03, “Approval of
Application”, to provide additional require ments; amending Section 117.04, “Denial or
Revocation of Permit Application; Appeals”, to clarify grounds for revocation; and
amending Section 117.06, “Tenant/Occupa nt Eviction”, to ensure notice and due
process rights are followed or alternate housing is provided. (Motion to approve; 5-0)
D. ORDINANCE NO. 06-12: Consider a city-initiated amendment to the Land
Development Regulations (LDR) Section 4.6.16, “Landscape Regulations”, to provide
an updated landscape code. (Motion to approve; 5-0)
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
02/21/2012
- 6 -
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: FEBRUARY 17, 2012
****** Meeting adjourned at 9:37 p.m. ******