04-17-12 Agenda Results Regular MeetingMicrosoft Word - 04-17-12 Agenda Results Regular Meeting.doc
City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** City Commission Meeting Tuesday, April 17, 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
04/17/2012 -2 -1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor McDuffie noted Item 8.B., Agreements/Palm Beach County Property Appraiser
and Palm Beach County Information System Services (ISS)/Fire Assessment Fee, was moved to the Regular Agenda as Item 9.A.A. Approved as amended, 5-0). 5. APPROVAL OF MINUTES: A. March
15, 2012 – Special/Workshop Meeting (Approved, 5-0) B. March 29, 2012 – Annual Organizational Meeting (Approved, 5-0) C. April 10, 2012 – Workshop Meeting (Approved, 5-0) 6. PROCLAMATIONS:
A. Municipal Clerk’s Week – April 29, 2012 – May 5, 2012 7. PRESENTATIONS: A. Representative Lori Berman – Update on Legislative Session B. Employee Suggestion Award – Mary Black, Administrative
Assistant, Fire-Rescue Department C. Presentation of a check in the amount of $23,700.00 to help fund rebuilding the Pavilion at the intersection of Atlantic Avenue and Ocean Boulevard
–Beach Property Owners’ Association (BPOA) D. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation 8. CONSENT
AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0) A. RIGHT-OF-WAY DEED ACCEPTANCE: MUSE HOUSE/HARVEL COTTAGE RENOVATION PROJECT/COMMUNITY REDEVELOPMENT AGENCY (CRA):
Accept a right-of-way deed from the Community Redevelopment Agency (CRA) for the dedication of 7 feet of additional right-of-way on the west side of N.W. 5th Avenue to accommodate the
recently constructed sidewalk and bike rack associated with the Muse House/Harvel Cottage Renovation Project. B. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA)
04/17/2012 -3 -C. RESOLUTION NO. 22-12: Approve Resolution No. 22-12 assessing costs for abatement action required for the demolition of an unsafe structure located at 511 N.E. 3rd Avenue.
D. CONTRACT CLOSEOUT (CHANGE ORDER NO. 5/FINAL)/FOSTER MARINE CONTRACTORS, INC.: S.W. 12TH AVENUE/AUBURN AVENUE/S.W. 14TH AVENUE PROJECT: Approve Contract Closeout (C.O. No. 5/Final)
to Foster Marine Contractors, Inc. in the amount of a $126,826.06 decrease and final payment in the amount of $31,047.90 for completion of the S.W. 12th Avenue/Auburn/S.W. 14th Avenue
Project. Funding is available from 334-3162-541-68.04 (General Construction Fund: Other Improvement/S.W. 12th Avenue/Auburn Avenue/14th Avenue), 448-5461-538-68.04 (Stormwater Utility
Fund: Other Improvement/S.W. 12th Avenue/Auburn Avenue/14th Avenue) and 442-5178-536-68.04 (W & S Renewal & Replacement Fund: Improvements Other/S.W. 12th Avenue/Auburn Avenue/14th Avenue).
E. AMENDMENT NO. 1 TO THE CONTRACT FOR SALE AND PURCHASE/WEST CORNER VENTURE, LLC.: Approve Amendment No. 1 to the Contract for Sale and Purchase between the City and West Corner Venture
LLC., to provide an extension of the closing date to take place on or before June 20, 2012. F. GRANT APPLICATION/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG): Authorize staff
to submit an application for funding in the amount of $42,212.00 through the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) program which will support
the Holiday Robbery Task Force, which reduces crime during the Holiday season. G. SPECIAL EVENT REQUEST/ON THE AVE: Approve a special event request to endorse On the Ave to be held on
May 17, 2012 from 6:00 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 the west side of N.E./S.E. 6th
Avenue, Railroad Avenue from Atlantic north to 150 feet north of the east/west alley, and to the alleys north and south of Atlantic on N.E./S.E. 1st Avenue, N.E./S.E. 2nd Avenue, S.E.
3rd Avenue, and N.E./S.E. 4th Avenue; to authorize staff support for security and traffic control, EMS assistance and fire inspection, banner hanging and removal, barricade set up and
removal, and trash removal and clean up. H. SPECIAL EVENT REQUEST/AVDA 5K/10K WALK/RUN: Approve a special event request to endorse the 13th Annual Aid to Victims of Domestic Abuse, Inc.
(AVDA) 5K/10K Walk/Run to be held on Saturday, October 13, 2012 from 7:30 a.m. until approximately noon, with set up at 5:00 a.m., to grant a temporary use permit per LDR Section 2.4.6(F)
for the use of Anchor Park and the City right-of-way along Ocean Boulevard from Bucida Road to George Bush Boulevard, to waive parking meter fees in the Anchor Park and Sandoway lots
from 5:00 a.m. to 11:00 a.m., and to authorize staff assistance for providing traffic control, EMS assistance, barricading, signage, trash clean up and removal, City generator use, and
set up and use of the small stage; contingent on the receipt of the Certificate of Liability Insurance and Hold Harmless Agreement by September 29, 2012.
04/17/2012 -4 -I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 2, 2012 through April
13, 2012. J. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Bartow Chevrolet in the amount of $30,069.00 and Duval Ford in the amount of $32,056.00 for two (2) replacement vehicles;
additional awards going to Emergency Vehicle Supply in the amount of $3,890.95 for the installation of police lighting and equipment in one (1) Police Department vehicle and to Knapheide
Equipment in the amount of $8,750.00 for one (1) truck utility body and equipment. Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery/Equipment/Automotive). 2. Contract
award to Special Products Group (SPG) in the estimated amounts of $84,390.00 for FY 11/12 and $85,040.00 for FY 12/13 for uniform procurement for Police Department personnel. Funding
is available from various accounts. 9. REGULAR AGENDA: AA. AGREEMENTS/PALM BEACH COUNTY PROPERTY APPRAISER AND PALM BEACH COUNTY INFORMATION SYSTEM SERVICES (ISS)/FIRE ASSESSMENT FEE:
Approve proposed agreements with Palm Beach County Property Appraiser’s Office and Palm Beach County Information System Services (ISS) as it relates to the placement of a non-ad valorem
fire assessment fee on the tax roll. (Motion to approve; Denied, 3-2. Commissioner Frankel and Mayor McDuffie dissenting) A. WAIVER REQUEST/9 N.E. 2ND AVENUE: Consider a waiver request
to Land Development Regulations (LDR) Section 4.4.13(F)(4)(c)(1), “Minimum Ground Level Building Setback and Frontage”, to allow 33% frontage at a maximum setback of 10’ along N.E. 2nd
Avenue where 70% -90% frontage is required. (Quasi-Judicial Hearing) (Motion to adopt the board order as presented; Approved, 5-0) B. REMOVAL OF A CONDITION OF APPROVAL TO THE CONDITIONAL
USE REQUEST/MILAGRO CENTER: Consider a request to remove a condition of approval on the conditional use request for the Milagro Center to get a Letter of Acknowledgement from the Florida
Housing Finance Corporation stating that they agree that amenities required for Villages of Delray multiple family residential development could be utilized by the Milagro Child Care
Facility located at 695 Auburn Avenue. (Quasi-Judicial Hearing) (Motion to adopt the board order as presented; Approved, 5-0)
04/17/2012 -5 -C. CHANGE ORDER NO. 3/BRANG CONSTRUCTION, INC.: Consider approval of Change Order No. 3 with Brang Construction, Inc. in the amount of $14,594.54 for the purchase of sixteen
(16) bus shelter benches, and installation of fifteen benches; as requested by Palm Tran; plus a contract time extension of 130 days for the ARRA Bus Shelters Project. Funding is available
from 101-3163-544-65.70 (ARRA Economic Stimulus FD: Other Improvements/Transit Stop Bus Shelters). (Motion to approve; Approved, 5-0) D. 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 Commissioner
Jacquet (Seat #2). (Appointed Linda Kidd and approved, 5-0) 10. PUBLIC HEARINGS: A. ORDINANCE NO. 14-12: Consider a Future Land Use Map amendment (smallscale) from CMR (Commerce) to
TRN (Transitional), rezoning from LI (Light Industrial) to NC (Neighborhood Commercial) and text amendment modifying the description of the TRN (Transitional) Future Land Use Designation
to restrict the use on the property to nonresidential development at a maximum FAR of 0.25 for 10th & 10th Center, located at the southeast corner of S.W. 10th Street and 10th Avenue.
(Quasi-Judicial Hearing) (Motion to approve; Approved, 3-2. Commissioner Jacquet and Commissioner Frankel dissenting) 1. AMENDMENT TO THE REDEVELOPMENT PLAN/WALLACE DRIVE: Consider approval
of an amendment to the Wallace Drive Redevelopment Plan to allow neighborhood commercial retail and service uses as a principal use at 10th & 10th Center located at the southeast corner
of S.W. 10th Street and S.W. 10th Avenue. (Motion to approve; Approved, 3-2. Commissioner Jacquet and Commissioner Carney dissenting) 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM
THE PUBLIC-IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. None 13. COMMENTS AND
INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission
04/17/2012 -6 -POSTED: APRIL 13, 2012 ***** Meeting adjourned at 9:27 p.m. *****
04/17/2012
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1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor McDuffie noted Item 8.B., Agreements/Palm Beach County
Property Appraiser and Palm Beach County Inform ation System Services (ISS)/Fire Assessment Fee,
was moved to the Regular Agenda as Item 9.A.A. Approved as amended, 5-0).
5. APPROVAL OF MINUTES:
A. March 15, 2012 – Special/Workshop Meeting (Approved, 5-0)
B. March 29, 2012 – Annual Organizational Meeting (Approved, 5-0)
C. April 10, 2012 – Workshop Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Municipal Clerk’s Week – April 29, 2012 – May 5, 2012
7. PRESENTATIONS:
A. Representative Lori Berman – Update on Legislative Session
B. Employee Suggestion Award – Mary Black, Administrative Assistant, Fire-Rescue
Department
C. Presentation of a check in the amount of $23,700.00 to help fund rebuilding the
Pavilion at the intersection of Atlantic Av enue and Ocean Boulevard –Beach Property
Owners’ Association (BPOA)
D. 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 as amended, 5-0)
A. RIGHT-OF-WAY DEED ACCEPT ANCE: MUSE HOUSE/HARVEL
COTTAGE RENOVATION PROJEC T/COMMUNITY REDEVELOPMENT
AGENCY (CRA): Accept a right-of-way deed from the Community Redevelopment
Agency (CRA) for the dedication of 7 feet of additional right-of-way on the west side of
N.W. 5th Avenue to accommodate the recen tly constructed sidewalk and bike rack
associated with the Muse House/Harvel Cottage Renovation Project.
B. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA)
04/17/2012
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C. RESOLUTION NO. 22-12: Approve Resolution No. 22-12 assessing costs for
abatement action required for the demolition of an unsafe structure located at 511 N.E.
3rd Avenue.
D. CONTRACT CLOSEOUT (CHANGE ORDER NO. 5/FINAL)/FOSTER
MARINE CONTRACTORS, INC.: S.W. 12TH AVENUE/AUBURN
AVENUE/S.W. 14TH AVENUE PROJECT: Approve Contract Closeout (C.O.
No. 5/Final) to Foster Marine Contractors, Inc. in the amount of a $126,826.06
decrease and final payment in the amount of $31,047.90 for completion of the S.W.
12th Avenue/Auburn/S.W. 14th Avenue Project. Funding is available from 334-3162-
541-68.04 (General Construction Fu nd: Other Improvement/S.W. 12th
Avenue/Auburn Avenue/14th Avenue), 448-5461-538-68.04 (Stormwater Utility Fund:
Other Improvement/S.W. 12th Avenue/Aub urn Avenue/14th Avenue) and 442-5178-
536-68.04 (W & S Renewal & Replacement Fund: Improvements Other/S.W. 12th
Avenue/Auburn Avenue/14th Avenue).
E. AMENDMENT NO. 1 TO THE CONTRACT FOR SALE AND
PURCHASE/WEST CORNER VENTURE, LLC.: Approve Amendment No. 1
to the Contract for Sale and Purchase between the City and West Corner Venture LLC.,
to provide an extension of the closing date to take place on or before June 20, 2012.
F. GRANT APPLICATION/EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAG): Authorize staff to submit an application for funding
in the amount of $42,212.00 through the U.S. Department of Justice Edward Byrne
Memorial Justice Assistance Grant (JAG) program which will support the Holiday
Robbery Task Force, which reduces crime during the Holiday season.
G. SPECIAL EVENT REQUEST/ON THE AVE: Approve a special event request
to endorse On the Ave to be held on May 17, 2012 from 6:00 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 the west side of N.E./S.E. 6th Avenue, Railroad Avenue from
Atlantic north to 150 feet north of the east/west alley, and to the alleys north and south
of Atlantic on N.E./S.E. 1st Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, and
N.E./S.E. 4th Avenue; to authorize staff su pport for security and traffic control, EMS
assistance and fire inspection, banner hang ing and removal, barricade set up and
removal, and trash removal and clean up.
H. SPECIAL EVENT REQUEST/AV DA 5K/10K WALK/RUN: Approve a special
event request to endorse the 13th Annual Aid to Victims of Domestic Abuse, Inc.
(AVDA) 5K/10K Walk/Run to be held on Saturday, October 13, 2012 from 7:30 a.m.
until approximately noon, with set up at 5:00 a.m., to grant a temporary use permit per
LDR Section 2.4.6(F) for the use of Anchor Park and the City right-of-way along Ocean
Boulevard from Bucida Road to George Bush Bo ulevard, to waive parking meter fees in
the Anchor Park and Sandoway lots from 5:00 a.m. to 11:00 a.m., and to authorize staff
assistance for providing traffic control, EMS assistance, barricading, signage, trash clean
up and removal, City generator use, and set up and use of the small st age; contingent on
the receipt of the Certificate of Liabili ty Insurance and Hold Harmless Agreement by
September 29, 2012.
04/17/2012
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I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
April 2, 2012 through April 13, 2012.
J. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Bartow Chevrolet in the amount of $30,069.00 and Duval
Ford in the amount of $32,056.00 for two (2) replacement vehicles; additional
awards going to Emergency Vehicle Supply in the amount of $3,890.95 for the
installation of police lighting and e quipment in one (1) Police Department
vehicle and to Knapheide Equipment in the amount of $8,750.00 for one (1)
truck utility body and equipment. Fundin g is available from 501-3312-591-64.20
(Garage Fund: Machinery/ Equipment/ Automotive).
2. Contract award to Special Products Grou p (SPG) in the estimated amounts of
$84,390.00 for FY 11/12 and $85,040.00 for FY 12/13 for uniform
procurement for Police Department pe rsonnel. Funding is available from
various accounts.
9. REGULAR AGENDA:
AA. AGREEMENTS/PALM BEACH COUNTY PROPERTY APPRAISER AND
PALM BEACH COUNTY INFORMATIO N SYSTEM SERVICES (ISS)/FIRE
ASSESSMENT FEE: Approve proposed agreements with Palm Beach County
Property Appraiser’s Office and Palm Beach County Information System Services (ISS)
as it relates to the placement of a non-ad valorem fire assessment fee on the tax roll.
(Motion to approve; Denied, 3-2. Commissioner Frankel and Mayor McDuffie dissenting)
A. WAIVER REQUEST/9 N.E. 2ND AVENUE: Consider a waiver request to Land
Development Regulations (LDR) Section 4.4.13(F)(4)(c)(1), “Minimum Ground Level
Building Setback and Frontage”, to allow 33% frontage at a maximum setback of 10’
along N.E. 2nd Avenue where 70 % - 90% frontage is required. (Quasi-Judicial
Hearing) (Motion to adopt the board order as presented; Approved, 5-0)
B. REMOVAL OF A CONDITION OF APPROVAL TO THE CONDITIONAL
USE REQUEST/MILAGRO CENTER: Consider a request to remove a condition
of approval on the conditional use request for the Milagro Center to get a Letter of
Acknowledgement from the Florida Housing Finance Corporation stating that they
agree that amenities required for Villages of Delray multiple family residential
development could be utilized by the Milagr o Child Care Facility located at 695 Auburn
Avenue. (Quasi-Judicial Hearing) (Motion to adopt the board order as presented;
Approved, 5-0)
04/17/2012
- 5 -
C. CHANGE ORDER NO. 3/BRAN G CONSTRUCTION, INC.: Consider
approval of Change Order No. 3 with Bran g Construction, Inc. in the amount of
$14,594.54 for the purchase of sixteen (16) bus shelter benches, and installation of
fifteen benches; as requested by Palm Tran ; plus a contract time extension of 130 days
for the ARRA Bus Shelters Project. Funding is available from 101-3163-544-65.70
(ARRA Economic Stimulus FD: Other Im provements/Transit Stop Bus Shelters).
(Motion to approve; Approved, 5-0)
D. 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 sy stem, the appointment will be made by
Commissioner Jacquet (Seat #2). (Appointed Linda Kidd and approved, 5-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 14-12: Consider a Future Land Use Map amendment (small-
scale) from CMR (Commerce) to TRN (Trans itional), rezoning from LI (Light
Industrial) to NC (Neighborhood Commercial) and text amendment modifying the
description of the TRN (Transitional) Future Land Use Designation to restrict the use
on the property to nonresidential developmen t at a maximum FAR of 0.25 for 10th &
10th Center, located at the southeast corn er of S.W. 10th Street and 10th Avenue.
(Quasi-Judicial Hearing) (Motion to approve; Approved, 3-2. Commissioner Jacquet and
Commissioner Frankel dissenting)
1. AMENDMENT TO THE REDEVELOPMENT PLAN/WALLACE
DRIVE: Consider approval of an amendment to the Wallace Drive
Redevelopment Plan to allow neighborhood commercial retail and service uses
as a principal use at 10th & 10th Center located at the southeast corner of S.W.
10th Street and S.W. 10th Avenue. (Motion to approve; Approved, 3-2.
Commissioner Jacquet and Co mmissioner Carney dissenting)
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
A. None
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
04/17/2012
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POSTED: APRIL 13, 2012
***** Meeting adjourned at 9:27 p.m. *****