05-01-12 Agenda Results Regular MeetingMicrosoft Word - 05-01-12 Agenda Results Regular Meeting.doc
City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** City Commission Meeting Tuesday, May 1, 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
05/01/2012 -2 -1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: A. April 3, 2012 – Regular Meeting (Approved as amended,
5-0) 6. PROCLAMATIONS: A. Better Hearing Month – May 2012 B. Civility Month – May 2012 C. National Day of Prayer – May 3, 2012 D. Knights of Pythagoras Mentoring Network’s Ladies of
Distinction Day – May 12, 2012 E. Water Reuse Week – May 21-26, 2012 F. National Missing Children’s Day – May 25, 2012 7. PRESENTATIONS: A. None 8. CONSENT AGENDA: City Manager Recommends
Approval. (Approved, 5-0) A. RIGHT-OF-WAY DEED ACCEPTANCE/119 S.W. 4TH AVENUE: Accept a right-of-way deed for the dedication of 2’ of alley right-of-way associated with improvements
on the property located at 119 S.W. 4th Avenue. B. CONSULTING AGREEMENT/ANGELA BAILUS: Approve a Consulting Agreement with Angela Bailus in the amount of $19,000.00 to review, update
and submit the 2012 Non Ad Valorem Storm Water Tax Roll. Funding is available from 448-5411-538-31.90 (Storm Water Utility Fund: Professional Services/Other Professional Services).
05/01/2012 -3 -C. RESOLUTION NO. 03-12: TRI-PARTY AGREEMENT/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/CSX TRANSPORTATION, INC. (CSXT): Approve Resolution No. 03-12; authorizing the
execution of a Tri-Party Agreement with the Florida Department of Transportation (FDOT) and CSX Transportation, Inc. (CSXT) in the amount of $205,406.00 for rehabilitation of the S.W.
10th Street crossing. Funding is available from 334-3162-541-46.90 (General Construction Fund: Repair & Maintenance Services/Other Repair/Maintenance Costs). D. SERVICE AUTHORIZATION
NO. 12-01/CALVIN, GIORDANO & ASSOCIATES, INC.: Approve Service Authorization No. 12-01 with Calvin, Giordano & Associates, Inc. in the amount of $34,977.05 for the design of Fire HQ
Public Plaza. Funding is available from 334-2311-522-68.71 (General Construction Fund: Other Improvements/Fire HQ Public Plaza). E. SERVICE AUTHORIZATION NO. 12-01/KIMLEY HORN AND ASSOCIATES,
INC.: Approve Service Authorization No. 12-01 to Kimley Horn and Associates, Inc. in the amount of $55,594.60 for design of the N.E. 3rd Avenue Streetscape Project. Funding is available
from 334-3162-541-68.72 (General Construction Fund: Other Improvement/N.E. 3rd Ave Street Scape). F. REQUEST TO ATTEND THE FLORIDA MUNICIPAL INSURANCE TRUST (FMIT) CONFERENCE: Approve
a request for Frank Babin, Risk Manager, to attend the Florida Municipal Insurance Trust (FMIT) Conference on May 21-23, 2012. G. AGREEMENT/O’BRIEN RESPONSE MANAGEMENT, INC.: Approve
an agreement with O’Brien Response Management, Inc. to provide post-hurricane services for debris management and FEMA claims administration. H. FIRST AMENDMENT TO AGREEMENT FOR PURCHASE
AND SALE OF REAL PROPERTY: COMMUNITY REDEVELOPMENT AGENCY (CRA)/421 S.W. 5TH AVENUE: Approve a First Amendment to the Agreement for Purchase and Sale of Real Property between the City
and the Community Redevelopment Agency (CRA), to provide an extension of the title objection period. I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions
made by the Land Development Boards for the period April 16, 2012 through April 27, 2012. J. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Coastal Contracting and Development, Inc.
in the amount of $1,182,842.00 for construction of the Atlantic Avenue Gateway Art Feature Project. Funding is available from 334-3162-541-68.09 (General Construction Fund: Other Improvement/Atlantic
Avenue Gateway Feature).
05/01/2012 -4 -2. Purchase award to Bartow Chevrolet in the amount of $61,488.00 for three (3) replacement vehicles, with an additional award going to Emergency Vehicle Supply in the
amount of $6,977.00 for the installation of police lighting and equipment in three (3) Police Department vehicles. Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery/Equipment/Autom
otive). 9. REGULAR AGENDA: A. FINAL SUBDIVISION PLAT APPROVAL/WAIVER REQUEST/N.W. 5TH AVENUE: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.3.4(K),
“Development Standards Matrix”, minimum lot size and frontage requirements and a final plat in conjunction with the creation of a three (3) single family home lot subdivision for the
CRA's N.W. 5th Avenue Plat, located at the northwest corner of Martin Luther King Jr. Drive and N.W. 5th Avenue. (Quasi-Judicial Hearing) (Motion to adopt the board order as presented;
Approved, 5-0) B. INNOVATION CORRIDOR -PHASE II; REAL ESTATE STRATEGIC MARKETING PLAN: Consider approval of a proposal from our consultant, Sperry Van Ness, for implementation of a Real
Estate Strategic Marketing Plan for the Delray Beach Innovation Corridor (Congress Avenue) at a cost of $25,000 for eight months of services. (Motion to approve with modifications to
the agreement; Approved, 5-0) C. ADDITIONAL SCOPE/RANDOLPH & DEWDNEY CONSTRUCTION, INC.: Consider approval of additional scope to Randolph & Dewdney Construction, Inc. in the amount
of $2,624.47 to install two (2) heat detectors and one (1) smoke detector as required by the State Elevator Inspector for the Pompey Park Concession Stand Project. Funding to be paid
out of the contract’s Contingency Allowance. (Motion to approve; Approved, 3-2. Commissioner Frankel and Mayor McDuffie dissenting) D. CONTRACT ADDITION (CHANGE ORDER NO. 3)/FOSTER MARINE
CONTRACTORS, INC.: Consider approval of Contract Addition (C.O. No. 3) to Foster Marine Contractors, Inc. for additional scope in the amount of $40,715.83 for the construction of a turn
lane required to accommodate the revised Village at Delray development entrance; asphalt overbuild required on S.W. 8th Street to comply with the new curb and roadway elevations; a total
contract time extension of fifty-five (55) days; plus approval in the amount of $6,311.00 to be paid out of the contract’s Unforeseen Conditions Allowance for excavation and restoration
work associated with assisting the City to install line stops on S.W. 10th Street; in order for the City to shut down a water main. Funding is available from 334-3162-541-68.65 (General
Construction Fund: Other Improvement/Auburn Avenue Improvements). (Motion to approve; Approved, 5-0) E. PROPOSED FY 2013 BUDGET REVIEW SCHEDULE: Consider a proposed schedule for the
Commission review of the FY 2013 Budget. (It was the consensus of the Commission to approve the proposed budget review schedule with changes)
05/01/2012 -5 -F. APPOINTMENT TO THE PLANNING & ZONING BOARD: Appoint one (1) regular member to the Planning & Zoning Board to serve an unexpired term ending August 31, 2013. Based upon
the rotation system, the appointment will be made by Commissioner Carney (Seat #1). (Appointed Jan Hansen and approved, 5-0) G. APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE BOARD:
Appoint one (1) regular member to serve an unexpired term ending August 31, 2012. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). (Commissioner
Frankel’s appointment was deferred to the May 15, 2012 Regular Commission Meeting) H. APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY COMMITTEE: Appoint one (1) regular member to the
Boca Raton Aviation Advisory Committee to serve a two (2) year term ending May 31, 2014. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3).
(Appointed Barry Gauch and approved, 5-0) 10. PUBLIC HEARINGS: A. None 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. 11-12: Consider a city-initiated amendment to the Land Development Regulations
(LDR) Article 7.9, “Docks, Dolphins, Finger Piers, and Boat Lifts”, by amending Section 7.9.5, “Standards for Approval”, to clarify current language regarding docks. If passed, a public
hearing will be held on May 15, 2012. (Motion to approve; Approved, 5-0)
05/01/2012 -6 -13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: APRIL 27, 2012 ****** Meeting adjourned at 7:46 p.m. ******
05/01/2012
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1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
A. April 3, 2012 – Regular Meeting (Approved as amended, 5-0)
6. PROCLAMATIONS:
A. Better Hearing Month – May 2012
B. Civility Month – May 2012
C. National Day of Prayer – May 3, 2012
D. Knights of Pythagoras Mentoring Network’s Ladies of Distinction Day – May 12, 2012
E. Water Reuse Week – May 21-26, 2012
F. National Missing Children’s Day – May 25, 2012
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. RIGHT-OF-WAY DEED ACCEPTANCE/119 S.W. 4TH AVENUE: Accept a
right-of-way deed for the dedication of 2’ of alley right-of-way associated with
improvements on the property located at 119 S.W. 4th Avenue.
B. CONSULTING AGREEMENT/ANGELA BAILUS: Approve a Consulting
Agreement with Angela Bailus in the amou nt of $19,000.00 to review, update and
submit the 2012 Non Ad Valorem Storm Water Tax Roll. Funding is available from
448-5411-538-31.90 (Storm Water Utili ty Fund: Professional Services/Other
Professional Services).
05/01/2012
- 3 -
C. RESOLUTION NO. 03-12: TRI-PARTY AGREEMENT/FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT)/CSX
TRANSPORTATION, INC. (CSXT): Approve Resolution No. 03-12; authorizing
the execution of a Tri-Party Agreement with the Florida Department of Transportation
(FDOT) and CSX Transportation, Inc. (CSXT) in the amount of $205,406.00
for rehabilitation of the S.W. 10th Street cr ossing. Funding is available from 334-3162-
541-46.90 (General Construction Fund: Re pair & Maintenance Services/Other
Repair/Maintenance Costs).
D. SERVICE AUTHORIZATION NO. 12-01/CALVIN, GIORDANO &
ASSOCIATES, INC.: Approve Service Authorizat ion No. 12-01 with Calvin,
Giordano & Associates, Inc. in the amount of $34,977.05 for the design of Fire HQ
Public Plaza. Funding is available from 334-2311-522-68.71 (General Construction
Fund: Other Improvements/Fire HQ Public Plaza).
E. SERVICE AUTHORIZATION NO. 12-01/KIMLEY HORN AND
ASSOCIATES, INC.: Approve Service Authorization No. 12-01 to Kimley Horn
and Associates, Inc. in the amount of $55,594.60 for design of the N.E. 3 rd Avenue
Streetscape Project. Funding is availa ble from 334-3162-541 -68.72 (General
Construction Fund: Other Improvement/N.E. 3 rd Ave Street Scape).
F. REQUEST TO ATTEND THE FLORIDA MUNICIPAL INSURANCE
TRUST (FMIT) CONFERENCE : Approve a request for Frank Babin, Risk
Manager, to attend the Florida Municipa l Insurance Trust (FMIT) Conference on May
21-23, 2012.
G. AGREEMENT/O’BRIEN RESPON SE MANAGEMENT, INC.: Approve an
agreement with O’Brien Response Management, Inc. to provide post-hurricane services
for debris management and FEMA claims administration.
H. FIRST AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF
REAL PROPERTY: COMMUNITY REDEVELOPMENT AGENCY
(CRA)/421 S.W. 5 TH AVENUE: Approve a First Amendment to the Agreement for
Purchase and Sale of Real Property between the City and the Community
Redevelopment Agency (CRA), to provide an extension of the title objection period.
I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
April 16, 2012 through April 27, 2012.
J. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Coastal Contracting and Development, Inc. in the amount of
$1,182,842.00 for construction of the Atlantic Avenue Gateway Art Feature
Project. Funding is available from 3 34-3162-541-68.09 (General Construction
Fund: Other Improvement/Atlantic Avenue Gateway Feature).
05/01/2012
- 4 -
2. Purchase award to Bartow Chevrolet in th e amount of $61,48 8.00 for three (3)
replacement vehicles, with an additi onal award going to Emergency Vehicle
Supply in the amount of $6,977.00 for the installation of police lighting and
equipment in three (3) Police Department vehicles. Funding is available from
501-3312-591-64.20 (Garage Fund: Ma chinery/ Equipment/ Automotive).
9. REGULAR AGENDA:
A. FINAL SUBDIVISION PLAT APPROVAL/WAIVER REQUEST/N.W. 5 TH
AVENUE: Consider approval of a waiver reque st to Land Development Regulations
(LDR) Section 4.3.4(K), “Development Stan dards Matrix”, minimum lot size and
frontage requirements and a final plat in conjunction with the creation of a three (3)
single family home lot subdivision for the CR A's N.W. 5th Avenue Plat, located at the
northwest corner of Martin Luther King Jr. Drive and N.W. 5th Avenue. (Quasi-
Judicial Hearing) (Motion to adopt the board order as presented; Approved, 5-0)
B. INNOVATION CORRIDOR - PHASE II; REAL ESTATE STRATEGIC
MARKETING PLAN: Consider approval of a proposal from our consultant, Sperry
Van Ness, for implementation of a Real Esta te Strategic Marketing Plan for the Delray
Beach Innovation Corridor (Congress Avenue) at a cost of $25,000 for eight months of
services . (Motion to approve with modifications to the agreement; Approved, 5-0)
C. ADDITIONAL SCOPE/RANDOLPH & DEWDNEY CONSTRUCTION,
INC.: Consider approval of additional scope to Randolph & D ewdney Construction,
Inc. in the amount of $2,624.47 to insta ll two (2) heat detectors and one (1) smoke
detector as required by the State Elevator Inspector for the Pompey Park Concession
Stand Project. Funding to be paid out of the contract’s Contingency Allowance. (Motion
to approve; Approved, 3-2. Commissioner Frankel and Mayor McDuffie dissenting)
D. CONTRACT ADDITION (CHANGE ORDER NO. 3)/FOSTER MARINE
CONTRACTORS, INC.: Consider approval of Contract Addition (C.O. No. 3) to
Foster Marine Contractors, Inc. for additiona l scope in the amount of $40,715.83 for
the construction of a turn lane required to accommodate the revised Village at Delray
development entrance; asphalt overbuild required on S.W. 8th Street to comply with the
new curb and roadway elevations; a total c ontract time extension of fifty-five (55)
days; plus approval in the amount of $6,3 11.00 to be paid out of the contract’s
Unforeseen Conditions Allowance for excavati on and restoration work associated with
assisting the City to install line stops on S.W. 10th Street; in order for the City to shut
down a water main. Funding is availa ble from 334-3162-541-68.65 (General
Construction Fund: Other Improvemen t/Auburn Avenue Improvements). (Motion to
approve; Approved, 5-0)
E. PROPOSED FY 2013 BUDGET REVIEW SCHEDULE: Consider a proposed
schedule for the Commission review of the FY 2013 Budget. (It was the consensus of the
Commission to approve the proposed budget review schedule with changes)
05/01/2012
- 5 -
F. APPOINTMENT TO THE PLANNING & ZONING BOARD: Appoint one
(1) regular member to the Planning & Zoning Board to serve an unexpired term ending
August 31, 2013. Based upon the rotation sy stem, the appointment will be made by
Commissioner Carney (Seat #1). (Appointed Jan Hansen and approved, 5-0)
G. APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE
BOARD: Appoint one (1) regular member to serve an unexpired term ending August
31, 2012. Based upon the rotation syst em, the appointment will be made by
Commissioner Frankel (Seat #3). (Commissioner Frankel’s appointment was deferred to the
May 15, 2012 Regular Commission Meeting)
H. APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY
COMMITTEE: Appoint one (1) regular member to the Boca Raton Aviation
Advisory Committee to serve a two (2) year term ending May 31, 2014. Based upon the
rotation system, the appointment will be made by Commissioner Frankel (Seat
#3). (Appointed Barry Gauch and approved, 5-0)
10. PUBLIC HEARINGS:
A. None
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. 11-12: Consider a city-initiated amendment to the Land
Development Regulations (LDR) Article 7.9, “Docks, Dolphins, Finger Piers, and Boat
Lifts”, by amending Section 7.9.5, “Standards for Approval”, to clarify current language
regarding docks. If passed, a public hearing will be held on May 15, 2012. (Motion to
approve; Approved, 5-0)
05/01/2012
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13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: APRIL 27, 2012
****** Meeting adjourned at 7:46 p.m. ******