06-05-12 Regular MeetingCity of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, June 5, 2012 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall 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. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 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 accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers.
REGULAR MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. May 1, 2012 – Regular Meeting B. May 15, 2012
– Regular Meeting 6. PROCLAMATIONS: A. Recognizing Juneteenth – June 16, 2012 7. PRESENTATIONS: A. All-America City Grade-Level Reading Campaign Presentation 8. CONSENT AGENDA: City
Manager Recommends Approval A. REQUEST FOR A SIDEWALK DEFERRAL/1110 WATERWAY LANE: Approve an agreement to allow future construction of a sidewalk, for a proposed new single family residence
within the North Beach Overlay District located at 1110 Waterway Lane. B. SERVICE AUTHORIZATION NO. 12-02/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 12-02 in the amount
of $74,956.00 for the design of
N.E. 1st Avenue Improvements. Funding is available from 334-3162-541-68.84 (General Construction Fund: Other Improvement/N.E. 1st Avenue Improvements). C. SERVICE AUTHORIZATION NO. 12-01/CORZO,
CASTELLA, CARBALLO, THOMPSON AND SALMAN (C3TS), INC.: Approve Service Authorization No. 12-01 to Corzo, Castella, Carballo, Thompson and Salman (C3TS), Inc. in the amount of $39,781.58
for the design of Swinton Avenue and Atlantic Avenue Intersection, Project. Funding is available from 334-3162-541-68.86 (General Construction Fund: Other Improvement/Swinton & Atlantic
Intersection). D. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/INTERCOUNTY ENGINEERING, INC./LOWSON BOULEVARD FORCE MAIN: Approve Contract Closeout (C.O. No. 1/Final) in the amount of
a $56,497.50 decrease and final payment in the amount of $11,448.88 to Intercounty Engineering, Inc., for completion of the Lowson Boulevard Force Main Project. Funding is available
from 442-5178-536-68.74 (W & S Renewal & Replacement Fund: Improvements Other/Lowson Boulevard Force Main). E. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL)/RANDOLPH & DEWDNEY CONSTRUCTION,
INC./POMPEY PARK CONCESSION STAND: Approve Contract Closeout (C.O. No. 2/Final) in the amount of a $5,351.03 decrease and final payment in the amount of $25,013.70 to Randolph & Dewdney
Construction, Inc., for the completion of renovations to the Pompey Concession Stand Project. Funding is available from 334-4127-572-62.10 (General Construction Fund: Repair & Maintenance
Service/Building Maintenance). F. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL)/INTERCOUNTY ENGINEERING, INC./RECLAIMED WATER EXPANSION AREA 11B: Approve Contract Closeout (C.O. No. 2/Final)
in the amount of a $220,982.75 decrease and final payment in the amount of $36,947.56 to Intercounty Engineering, Inc., for completion of the Reclaimed Water Expansion Area 11B Project.
Funding is available from 441-5181-536-65-96 (Water and Sewer Fund: Other Improvements/Reclaimed Water Transmission), 442-5178-536-63.90 (Water & Sewer Renewal & Replacement Fund: Improvements
Other/Other Improvements) and 448-5461-538-63.90 (Storm Water Utility Fund: Improvements Other/Other Improvements). G. INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM BEACH COUNTY: Approve
an Interlocal Agreement with the School Board of Palm Beach County for mutual use of recreational facilities. H. HOLD HARMLESS AGREEMENT/BOEJ, LLC.: Approve a Hold Harmless Agreement
with BOEJ, LLC., to place a canopy in the public right-of-way located at S.E. Second Avenue. I. REVISED WORKFORCE HOUSING COVENANT: SP5 WOOD MIDTOWN DELRAY, LLC.: Approve a revised Workforce
Housing Covenant between the City and SP5 Wood Midtown Delray, LLC., formerly known as Bamfour, LLC/DKB Realty Investment, Inc./Mathias Development, developer of Midtown Delray. J. RESOLUTION
NO.25-12/BUDGET AMENDMENT: Approval of Resolution No. 25-
12 in order to move certain grant funds from the City's operating budget (Fund 001) to the Capital budget (Fund 334) by amending Resolution 42-11 adopted September 20, 2011which made
appropriations for necessary expenditures of the City for the FY 2011-12, by setting forth the anticipated revenues and expenditures for the operating funds of the City for the fiscal
year 2011-12. K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 14, 2012 through June 1,
2012. L. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Delray Beach Auto Mall in the annual amount of $25,200.00 for the lease of approximately six (6) undercover vehicles for the Police
Department. Funding is available from 001-2115-521-44.40 (General Fund: Rentals & Leases/Vehicles Rental/Lease). 2. Bid award to Intercounty Engineering, Inc. in the amount of $406,700.00
for construction of upgrades to Lift Station 100A. Funding is available from 442-5178-536-69.29 (Water and Sewer Renewal & Replacement Fund: Water & Sewer Trans/Storage Project/LS100A
Capacity Upgrade) and 442-5178-536-64.90 (Water and Sewer Renewal & Replacement Fund: Machinery/Equipment/Other Machinery/Equipment). 3. Contract award to West Construction, Inc. in
the amount of $58,900.00 for the construction of swales in Delray Beach Heights. Funding is available from 448-5461-538-65.41 (Storm Water Utility Fund: Other Improvements/Swale Reconstruction).
4. Purchase award to Municipal Lighting Systems in the amount of $13,860.00 for an additional ten (10) LED light fixtures that are Buy America Compliant to install on the decorative
street light poles along West Atlantic Avenue. Funding is available from 101-6352-519-46.95 (ARRA Economic Stimulus Fund: Repair & Maintain Services/West Atlantic Avenue Street Lights).
9. REGULAR AGENDA: A. WAIVER REQUEST/112 N.E. 7TH STREET: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.5.1(E)(9)(b),“Front Elevation”, to increase
the second story encroachment into the Building Height Plane from 18’ to 24’6” width, whereas a maximum of 18’ is permitted for 112 N.E. 7th Street. (Quasi-Judicial Hearing) B. WAIVER
REQUEST/116 N.E. 7TH STREET: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.5.1(E)(9)(b), “Front Elevation”, to increase the second story encroachment
into the Building Height Plane to 31’6”, whereas a maximum of 18’ is permitted for 116 N.E. 7th Street. (Quasi-Judicial Hearing)
C. WAIVER REQUEST/9 N.E. 2ND AVENUE: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.4.13(F)(4)(c)(1), “Front Setbacks”, to allow 0% frontage along
N.E. 2nd Avenue at a maximum setback of 10’ rather than the 70%-90% frontage as required by the Central Business District (CBD) guidelines for Bay #9 located at 9 N.E. 2nd Avenue. (Quasi-Judicial
Hearing) D. REQUEST TO INSTALL BRICK PAVERS IN THE CITY RIGHT-OF-WAY/PRESIDENTIAL AUTO LEASING AND SALES: Consider a request from Presidential Auto Leasing and Sales (3201 S. Federal
Highway) to install 100-feet of pervious brick pavers in a section of City’s right-of-way along the south side of Avenue L approximately 300-feet east of Federal Highway. E. REVISIONS
TO THE SPECIAL EVENT POLICY AND PROCEDURES: Consider approval of proposed revisions to the Special Event Policies and Procedures to be effective for events beginning October 1, 2012.
F. SETTLEMENT OFFER IN CRISLER CHACRETON v. CITY OF DELRAY BEACH: Consider an Settlement Offer in the total amount of $63,500.00 in Crisler Chacreton v. City of Delray Beach. Staff recommends
approval. G. APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE BOARD: Appoint one (1) regular member to serve an unexpired plus two (2) year term ending August 31, 2014 to the Site Plan
Review & Appearance Board. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). H. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint one (1)
alternate member and one (1) regular member to serve an unexpired term ending July 31, 2013; and one (1) regular member to serve an unexpired plus two (2) year term ending July 31, 2014
to the Financial Review Board. Based upon the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat#3) and Commissioner Gray (Seat
#4). I. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint one (1) regular member to the Community Redevelopment Agency (CRA) to serve a four (4) year term ending July 1, 2016.
Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5). J. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint three (3) regular members from
Zone 3, Zone 5 and Zone 6 to serve an unexpired plus three (3) year term ending July 31, 2015 and one (1) regular member from Zone 1 to serve an unexpired term ending July 31, 2014.
Based on the rotation system, the appointments will be made by Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat
#3). 10. PUBLIC HEARINGS: A. PUBLIC COMMENTS/FY 2013 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2013 Proposed Budget at this time.
B. ORDINANCE NO. 15-12: Consider an amendment to Chapter 32, “Departments, Boards and Commission”, of the Code of Ordinances by amending Section 32.09, “Expiration of Terms; Commencement
of Terms”, and Section 32.10, “Vacancies”, to clarify that certain appointments made to fill a vacancy, where there is less than six months of the current term left, will also include
the following regular term. C. ORDINANCE NO. 17-12: Consider approval of a privately-initiated amendment to Land Development Regulations (LDR) Section 4.4.11, “NC (Neighborhood Commercial)
District”, Subsection (F), “Development Standards”, Subsection (G), “Supplemental District Regulations”, and Subsection (H), “Special Regulations”, to modify the regulations for properties
within the Wallace Drive Overlay District. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLICIMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public
comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 16-12: Consider an amendment to Chapter 33 “Police and Fire-Rescue Departments”, Sect ion 33.60,“Def
ini t ions”, Sect ion 33.61, “Membership Conditions of Eligibility; Application”; Section 33.62, “Benefit Amounts and Eligibility”; Section 33.63, “Optional Forms of Benefits”; Section
33.64, “Contributions”; Section 33.65, “Administration”; Section 33.66, “Finances and Fund Management”; Section 33.689, “Retirement Benefit Enhancement”; Section 33.70, “Direct Transfers
of Eligible Rollover Distributions”; and creating Section 33.73, “Termination of the System”, to implement and comply with Chapter 2009-97, Laws of Florida; Chapter 2011-216; and the
Internal Revenue Code; and to comply with a court decision. If passed, a public hearing will be held on June 19, 2012. B. ORDINANCE NO. 18-12: Consider a city-initiated rezoning from
RM (Medium Density Residential) to CF (Community Facilities) for two parcels of land located on the east side of S.W. 12th Avenue, approximately 106 feet north of SW 2nd Street for the
Neighborhood Resource Center Expansion located at 133 S.W. 12th Avenue. If passed, a public hearing will be held on June 19, 2012. C. ORDINANCE NO. 20-12: Consider a city-initiated ordinance
amending Chapter 110, “Local Business Taxes Generally”, Section 110.15, “Local Business Tax Schedule”, to provide for a 5% percent increase in all business tax fees. If passed, a public
hearing will be held on June 19, 2012. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission
05/01/12 MAY 1, 2012 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, May 1, 2012. 1. Roll call showed: Present -Commissioner Thomas F. Carney, Jr. Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E.
Gray Mayor Nelson S. McDuffie Absent -None Also present were -David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered
by Reverend Greg Fitch, Chaplain with Hospice By The Sea and Chief Chaplain for the Delray Beach Police and Fire-Recue Department. 3. The Pledge of Allegiance to the flag of the United
States of America was given. 4. AGENDA APPROVAL. Mr. Frankel moved to approve the Agenda, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr.
Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: At this point, Mr. Jacquet noted a correction on
the first page of the Minutes to the roll call and it read Commissioner Jay Alperin and not Commissioner Alson Jacquet. In addition, Mr. Jacquet noted a scrivener’s error on page 21
in the first paragraph (line beginning with the word government) and requested to strike the words “is among land use”. Mr. Carney moved to approve the Minutes of the Regular Meeting
of April 3, 2012, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes.
Said motion passed with a 5 to 0 vote.
2 05/01/12 6. PROCLAMATIONS: 6.A. Better Hearing Month – May 2012 Mayor McDuffie read and presented a proclamation hereby proclaiming May 2012 as Better Hearing Month. Dr. Nimet Adam
came forward to accept the proclamation and gave a few brief comments. 6.B. Civility Month – May 2012 Mayor McDuffie read a proclamation hereby proclaiming May 2012 as Civility Month
and noted the proclamation will be mailed. 6.C. National Day of Prayer – May 3, 2012 Mayor McDuffie read a proclamation hereby proclaiming May 3, 2012 as National Day of Prayer in the
City of Delray Beach and noted the proclamation will be mailed. 6.D. Knights of Pythagoras Mentoring Network’s Ladies of Distinction Day – May 12, 2012 Mayor McDuffie read and presented
a proclamation hereby proclaiming May 12, 2012 as Knights of Pythagoras Mentoring Network’s Ladies of Distinction Day. Bobby Cannota came forward to accept the proclamation and gave
a few brief comments. 6.E. Water Reuse Week – May 21-26, 2012 Mayor McDuffie read and presented a proclamation hereby proclaiming the week of May 21-26, 2012 as Water Reuse Week. Richard
Reade, Sustainability Officer came forward to accept the proclamation and thanked the Commission, City Manager, and the Environmental Services Department. 6.F. National Missing Children’s
Day – May 25, 2012 Mayor McDuffie read a proclamation proclaiming May 25, 2012 as National Missing Children’s Day in Delray Beach and noted the proclamation will be mailed. 7. PRESENTATIONS:
A. None
3 05/01/12 8. CONSENT AGENDA: City Manager Recommends Approval. 8.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. 8.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). 8.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). The caption of Resolution
No. 03-12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A TRI-PARTY AGREEMENT BETWEEN THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), CSX TRANSPORTATION, INC. AND THE CITY OF DELRAY BEACH TO PROVIDE FOR THE RECONSTRUCTION OF FLORIDA DEPARTMENT OF TRANSPORTATION’S CROSSING
NUMBER 628159-H, WHICH CROSSES SW 10TH STREET; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 03-12 is on file in the City Clerk’s office.) 8.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). 8.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
4 05/01/12 Streetscape Project. Funding is available from 334-3162-541-68.72 (General Construction Fund: Other Improvement/N.E. 3rd Ave Street Scape). 8.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. 8.G.
AGREEMENT/O’BRIEN RESPONSE MANAGEMENT, INC.: Approve an agreement with O’Brien Response Management, Inc. to provide posthurricane services for debris management and FEMA claims administration.
8.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. 8.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. 8.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). 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/Automotive). Mr. Frankel moved to approve the Consent Agenda, seconded by Mr. Carney. Upon roll call the Commission
voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.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”,
5 05/01/12 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) Mayor McDuffie read the City of Delray Beach Quasi-Judicial Hearing
rules into the record for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor
McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning,
entered the Planning and Zoning Department project file #2012-100. Mr. Dorling stated this approval of a waiver request for a 0.47 acre single family three lot subdivision and certification
of a final plat. He stated there is also a waiver request for reduced lot frontage and width and for two lots with respect to their size. He stated the site is located off Martin Luther
King Boulevard. Mr. Dorling stated the City actually owns the 30 acre piece and gave it to the CRA in 2008 for acquisition with the other three parcels and creation of the subdivision
that the Commission has before them. He stated the current configuration is three lots in a west/east direction and these are consistent within the lot sizes within the area; however,
they do not meet the LDRs hence the need for a waiver request for Lots 1, 2 & 3 to both lot width and frontage. Mr. Dorling stated Lot 1 on the corner requires an 80 foot frontage and
they are coming in at 60 feet. He stated there is a relief for 20 feet for Lot 1, 15 feet for Lot 2, and 15 feet for Lot 3. Mr. Dorling stated the minimum lot size of 7,500 square feet
is met for each lot but not met for each of these. He stated the lots are consistent with the development pattern in the neighborhood and staff recommends approval at this time. At its
meeting of April 19, 2012, the Planning and Zoning Board recommended approval with a 4 to 0 vote of both the final plat as well as the waiver request. Jeff Costello, Community Redevelopment
Agency (CRA), stated he is present for any questions the Commission may have. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the final
subdivision plat approval, to please come forward at this time. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus
(attached hereto is a copy and made an official part of the minutes).
6 05/01/12 Mrs. Gray stated she is glad that the CRA is going to be redeveloping those lots and asked if there is a reason why we are going to be placing the front doors on 5th Avenue
versus where the doors were on Martin Luther King Boulevard. Mr. Costello stated the orientation of the lots within that block are in an east/west fashion and in order to subdivide it
to get the three lots which will accommodate affordable housing that is the orientation that fits well. Mr. Costello stated with the other north/south orientation they would not be able
to get the three lots. He stated the concept is that Lots 2 & 3 the driveways will face 5th Avenue and the desire on Lot is that the driveway will come off Martin Luther King Boulevard
so there would be no conflict with the intersection and the stop light at 5th Avenue and Martin Luther King Boulevard. Mr. Costello stated the southwest corner of the lot would probably
be the driveway location to enter the garage. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is
a copy and made an official part of the minutes). Mr. Carney moved to adopt Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie
– Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote. 9.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. The City Manager stated at a recent work session David Wilk from Sperry Van Ness presented the results of Phase I work on the
redevelopment of the Congress Avenue Corridor and rebranding it as the Delray Beach Innovation Corridor. The City Manager stated Mr. Wilk has presented the City with his second phase
of this work that would involve some concentrated effort within the next 60 days to develop some marketing materials and to increase the profile of this area in the press and in the
real estate community. He stated the City considers this especially critical at this time because we know there are offers on the property for residential development which he does not
believe is in keeping with our vision for this area and the present owner IWA Insurance Company is motivated primarily to get rid of the property. The City Manager recommends entering
into this Phase II agreement and the proposed fee is $5,000 per month for the first two months and $2,500 per month for the remainder of the year. The City Manager stated staff proposes
to add a clause in the contract regarding if they decided at some point along the way that we no longer desire to have his services. Mrs. Gray stated she would like staff to provide
to the Commission a monthly update on Mr. Wilk’s performance.
7 05/01/12 Mr. Carney stated if there is activity on the current property and the person is talking about multi-family he wants to make sure that we are not wasting money on this study.
The City Manager stated based on the conversations that he has had they are not going to jump on this offer because it is a low ball kind of offer and they are working hard to persuade
them to wait and feels that they can bring them a better offer. Vin Nolan, Economic Development Director for the CRA, stated he and Mr. Wilk have been in numerous conversations over
the last week with regard to the activity on that property. Mr. Nolan stated he believes that they can bring a countervailing offer from a developer that might suit their plans for the
Corridor. Mr. Carney asked if the various incentives will be included in the discussions. Mr. Nolan stated they will talk about those incentives to bring users to that site and that
is what their incentive program is designed to do. Mr. Frankel moved to approve the proposed agreement subject to a provision being added which would allow the City to terminate the
agreement at Commission’s discretion, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes;
Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote. 9.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. Randal Krejcarek, City Engineer, stated this item is for additional scope to the Pompey Park Concession
stand to install two heat detectors and a smoke detector. Mr. Krejcarek stated the consultant that the City was working with did not think it was required at the time but when the State
Inspector came for the elevators he said it was required. Mr. Frankel stated it has been a few weeks since the Commission has talked about this but he mentioned that a comment was made
by Mr. Carney about “no more change orders”. Mr. Carney stated his view on these things is how do you not know when you make your bid that these certain things are going to be required.
Mr. Carney stated smoke detectors are required in far more less public facilities and asked why this would not have been included in the original bid. Mr. Krejcarek stated it was not
included because when staff looked at where the elevator was and where the smoke detectors would go with the ventilation that was there it was determined by the consultant that they
were not needed at the time and would not be needed. Mr. Carney suggested that the City review what the consultants are using because this is now the third time that the consultant did
not pick up something that was going to be required later. Mr. Carney stated if the consultant keeps missing things then maybe we need to look at the
8 05/01/12 consultant. Mr. Krejcarek stated had this been included in the bid it would have still been the same $2,400.00. Mr. Carney stated it was competitive then but we do not know
what would have been included. Mr. Frankel stated he does not recall how many other companies bid but he would like to know if the other bids by the other companies may have been more
appropriate. He stated this company could have just done a low bid and now they are submitting these change orders and it may not have been the right company. Mr. Frankel stated if he
needs a smoke detector in his house it seems like you should have one in the concession stand. Mrs. Gray stated she does not believe this is the fault of the contractor. Mrs. Gray stated
if it was not mandated to have these heat detectors and smoke detector in the beginning and now we have to have these fire sensors what good it being it that it is not really monitored
by anyone. Mr. Krejcarek stated what the devices do is they detect smoke the elevator would go to the ground and the door would automatically open up and the benefit is when the Fire
Department shows up they do not have to try and find out where the elevator and force the door open; it is automatically down on the ground floor and open. Mr. Jacquet stated he was
not on the Commission when this item first came out and came back. Mr. Jacquet stated he believes it is not the contractor’s fault; however, he echoes the same concerns that his fellow
Commissioners have and when we did put this out to bid whether the other bids we received were inclusive of these amounts. Mr. Jacquet expressed his concern is the same that when the
City is putting things out to bid and consultants do work for the City should they not have foreseen these as being something that we needed. Mr. Jacquet stated he understands that this
is needed and has seen the work and it is a beautiful facility. Mr. Jacquet stated his concern is when dealing with consultants and they come back to the Commission and they give us
an amount and say this is what they need can the Commission count on that as being precise. Or, are we going to continue to get back information think that is all we are going to be
spending (because the budget is tight) and then come back a month later and say by the way we need $20,000 more and another month later come back and ask for even more. Mr. Jacquet stated
that is a problem for him and he thinks the people have entrusted the Commission with the budget of the City and we need to be careful with how we spend money. Mr. Jacquet stated this
work is needed but he does not like the way this is going. He stated if we are going to keep coming back with issues left and right this is something he really cannot stand for. Mr.
Jacquet reiterated that he feels we have a good contractor, he has seen the work and thinks the work is great, and he thinks this is needed but does not like the way this is going. Mr.
Krejcarek stated this was a retrofit project of a very old concession stand and building. He stated one of the things staff did going into it is said we are going to have a fairly large
contingency fund put in the bid and we are going to tell the contractor this much money is set aside for unforeseen conditions. Mr. Krejcarek stated the $19,000 referenced was a very
early on change order that staff brought forward
9 05/01/12 because of an unforeseen condition that was not uncovered until they took the outside of the building off and they realized what damage was done that nobody could see without
taking everything off. Mr. Krejcarek stated staff also decided early on that when they were doing the design they did not want to start ripping things apart because they were not sure
what kind of condition the existing building was in. He stated that is why staff built that contingency into the bid to be able to cover some of those issues that staff did not know
what they were at the time that they were designing and bidding the project. Mr. Jacquet asked if staff can find out whether the amount for the smoke detectors was included in other
bids. The City Manager stated the smoke detectors were not in the design and if there is a problem it is the architect that made a mistake. Mr. Jacquet asked why we would not include
smoke detectors in a design for a facility where we have children. The City Manager stated the elevator is not inside the building and it opens onto a breezeway onto both floors. Mr.
Krejcarek stated it is not a typical elevator you think of inside of a building like the one here in City Hall; it is outside. He stated a consultant that was advising staff about the
elevator said because of where it is located and the openness to it he felt that there was not a need for the smoke detectors. Mr. Jacquet stated so the consultant was wrong because
he felt there was no need for it but now there is a need for it. Mr. Krejcarek stated according to the State Inspector the consultant was wrong. The City Manager stated the total contract
price has not increased and we are still within what was bid. Mr. Carney stated if they did not spend all their money that contingency fund would come back to the City so it is City
money. Mr. Jacquet asked what happens if the Commission does not approve this. Mr. Krejcarek stated if the Commission does not approve this then the City does not get approval from the
State Inspector and we do not get a C.O. for the building and the building cannot be used. Mrs. Gray stated we have had change orders throughout many projects in the city and stated
we have to have a contingency fund for unforeseen things. She stated the Commission is picking on this particular project and everything that is going on is not uncommon for a project.
Mrs. Gray stated she does not understand what the problem is. Mr. Frankel stated the problem is that they came in approximately double what was budgeted and that was his issue and it
continues to be his issue. Mr. Jacquet stated he was not here for Miller field or the Sports Complex and is only here for this issue and he does not like the way he sees it going. He
stated whether this was Miller Field and whatever else it was he would still have the same issue. Mr. Jacquet stated when we set a price for something we need to stick by it and he does
not like to come back repeatedly and spend more and more money because either our
10 05/01/12 consultant or inspector failed to know that one State Inspector would not approve it without smoke detectors and now we have to come back for it. Mr. Jacquet stated he does
not care where the building is because the Commission represents the entire City of Delray Beach but expressed concern over the way in which we do business. Mr. Krejcarek stated staff
is still under the budget for this project and have not exceeded the bid amount or the budget amount in this project yet. Mr. Jacquet stated for $2,624.47 if this is going to cause the
project to not go forward and for it to not be used then that is a problem. Mr. Carney stated he is not picking on this project and when the first $19,000 came along it was a site that
had not been fully vetted by the contractor and they went in and found that the woodwork was terrible and they had to do far more work. He stated his objections to change orders has
started since he was on the CRA Board and he feels that the people that are analyzing a project as he does in his business and he gets a quote and if it takes him twice as long to do
it then his hourly just went down by half. Mr. Carney stated he understood missing the woodwork but does not understand missing the smoke alarms. Mr. Carney and Mr. Frankel concurred
that the consultant made a mistake and should pay for it. The City Manager suggested that the Commission ask the City Attorney if the City can file a claim against the architect. Mr.
Carney stated he would like to see that $7,000 left in the contingency fund come back to the city that also needs the money. Mrs. Gray asked how far along we are with this project. Mr.
Krejcarek stated this is the last item and after this item staff gets a C.O. and will come back with the final change order which is the closeout of the project. Mrs. Gray asked how
long that will take after this if approved or denied. Mr. Krejcarek stated if this is approved tonight either the next meeting or the following meeting staff will be back with the final.
Mr. Jacquet suggested that we go ahead and move forward because this is a project that is pretty much complete and stated he went out to the site. Mr. Jacquet stated he would hate to
see this kind of hiccup based on $2,600 after all the money the city has spent on it. However, Mr. Jacquet stated that in the future when dealing with consultants and architects whether
it is the same one or any other that is not the way we do business and that we make sure that we can stand by their word and if they say this is what I interpret as the rule or law that
we can stand by it and that we will not have to come back and say the State disagrees. Mr. Jacquet stated he feels uneasy about that but he feels this is a wonderful project and suggested
that we move forward with it. Mrs. Gray moved to approve the 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
11 05/01/12 Park Concession Stand Project, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr. Frankel – No; Mrs. Gray – Yes; Mayor McDuffie
– No; Mr. Carney – Yes. Said motion passed with a 3 to 2 vote, 9.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).
Randal Krejcarek, City Engineer, stated change orders involve several different things; sometimes it is things that are missed or things that are added because of changes that happen
after the design was completed and construction started such as the case with this change order. Mr. Krejcarek stated they had initially started the design of this project with a left
turn lane into the Village of Delray proposed site off Auburn Avenue and as staff was moving through the design they were constantly asking the Village of Delray people if they were
moving forward with the design they showed the City. Mr. Krejcarek stated at some point during the design staff had to make a decision and decided to not put the turn lane in where we
think they want it because they did not know if that is where it was going to end up. He stated where the turn lane ended up now is not where it was before. Mr. Krejcarek stated after
the City awarded the contract the Village of Delray people came back to staff with their site plan asking to move forward with this one can you build a turn lane now. Mr. Krejcarek stated
staff went back to the consultant and noted the Commission approved the additional work for the consultant to do the design of the left turn lane and now staff is coming forward to add
the contract dollars to go ahead and build this turn lane. He stated the amount of the change order is fully covered by the $1 million grant that they have for this project and they
are still underneath that $1 million cap. Mr. Frankel asked staff for clarification and the reason for this change order is because the Village of Delray not getting back to staff. Mr.
Krejcarek stated as staff was moving forward with the design they were in communication with them as to what their final site plan was and at that time they did not know what it was.
Mr. Krejcarek stated once the City awarded the contract they came back and said now we know what we want to do so here it is and asked to incorporate it in. Mr. Krejcarek stated we would
have paid $40,715.83 now or later. He stated the unit price is extended so there is not in negotiations to get a better price and these are bid prices from this contractor. Mr. Krejcarek
reiterated that we would have paid $40,715.83 now or paid it early on had staff known exactly where that turn lane would have been. Mr. Krejcarek stated this will be included in the
$1 million grant.
12 05/01/12 The City Manager stated this is all part of the infrastructure that the City committed to provide to facilitate the Village of Delray project and noted that this is taxpayer
money but it is not local tax dollars. Mr. Carney moved to approve the Contract Addition (Change Order No. 3)/Foster Marine Contractors, Inc., seconded by Mr. Frankel. Upon roll call
the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote. 9.E. PROPOSED FY
2013 BUDGET REVIEW SCHEDULE: Consider a proposed schedule for the Commission review of the FY 2013 Budget. The City Manager stated from different conversations with the City Commission
and members of the general public that we need to do a more detailed review of the budget this year. The City Manager stated he is proposing to start next week and go through all of
the departments and he has given the Commission a schedule that will allow that to happen. Mr. Carney stated he appreciates the schedule and he spoke with the City Manager at length
about how he thought it was important that the Commission had a better understanding on a department-by-department basis of the budget so that they can ask questions of the various department
heads. Mr. Carney stated he realizes this is going to take more time but it seems the more people that have a better knowledge of the budget the more input the Commission can have when
maybe cost savings can be achieved that the Commission may not see when looking at it with such a broad brush. Mr. Carney stated he supports this and would like to move whatever dates
necessary to accommodate Mr. Frankel. The City Manager stated these will be work sessions with the Commission that are open for the public to attend and the City Commission will be having
budget hearings after these work sessions. The City Manager stated staff will also start putting on the Agenda later an agenda item for public comment on the budget at the regular meetings.
Mr. Jacquet echoed comments expressed by Mr. Carney and stated he has had discussions with the City Manager and he did mention that this would be a better out instead of just having
one budget meeting. Mr. Jacquet stated he thought it would be wiser to have several meetings where staff takes a look at each particular department and find out what it is that they
do and allow department heads to come in and tell the Commission what they feel is needed or not needed for the budget so that the Commission can be more informed when they make these
decisions. Mr. Jacquet stated whether this takes longer or not should not be a concern because that is what the people ask them to do. Mr. Jacquet stated whatever changes the Commission
needs to make in the date to make sure that all of the Commissioners are there he would be willing to do that. Mrs. Gray stated she supports the budget review schedule.
13 05/01/12 Mr. Frankel stated in his three years on the Commission they have had many meetings and feels this new approach is great because it really gives time for the individual departments
but he just has conflicts on those dates. Mr. Frankel stated he will be out of town May 29-June 1, 2012 and June 26th and will be back on June 27, 2012. Mr. Carney stated he is out of
town in the morning of June 28, 2012 but he will be back around 5:00 p.m. It was the consensus of the Commission to change Tuesday, May 29, 2012 to Thursday, May 24, 2012 and change
Tuesday, June 26, 2012 to Thursday, June 28, 2012. Mayor McDuffie echoed comments expressed by Commissioner Frankel that the Commission has always had a great number of meetings for
six years regarding the budget and stated this is a different type of scheduling. Mayor McDuffie stated he likes the fact that they are department related. 9.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). Mr. Carney moved to appoint Jan Hansen as a regular member to the Planning and Zoning Board to serve an unexpired term ending August 31, 2012,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes. Said motion passed
with a 5 to 0 vote. 9.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). Mr. Frankel stated he finds himself in a similar situation that he did a few months ago regarding this appointment.
Mr. Frankel stated in both cases he has been asked to appoint someone for a matter of weeks. He stated the last time he did so the person was not reappointed for whatever reason. Mr.
Frankel stated he is not in a position to appoint someone to one of our most important boards for weeks. He stated he does not feel it is fair to the Commissioner who is making the appointment
nor does he feel it is fair to the person that is appointed to the Board. Mr. Carney stated he thought about that as well when he looked at this appointment for Mr. Frankel and wondered
whether or not during the Charter Review the Commission could have a short-term appointment procedure whereby it is not a full term but when you have the opportunity to appoint because
of a vacancy that the person is granted a little longer than 4, 6, or 8 weeks.
14 05/01/12 The City Attorney stated it is not in the Charter but is in the Code of Ordinances and the Local Rules. Therefore, the City Attorney stated the Commission can amend those
things in order to accommodate what they are looking for. The City Attorney stated in order to try and do something the Commission would have to amend the Code. The City Attorney stated
if the Commission appoints someone and the appointment is under six (6) months before the expiration of the term then that appointment would automatically carryover for a next full term.
It was the consensus of the Commission that six (6) months is a sufficient timeframe. The City Attorney stated staff will draft an ordinance to bring back to the Commission and noted
that there may be some Boards pursuant to State Statute that does not allow the City to do that; however, the other Boards where the City is not prohibited from doing that staff can
make those changes. Mrs. Gray stated with regard to Commissioner Frankel’s concern that he did not know why the person he appointed was not reappointed. Mrs. Gray stated the reason the
person was not reappointed is because it was her appointment and she has the right to decide who she wants to appoint. Mr. Carney recommended that when staff comes back with an ordinance
change for the next meeting of May 15, 2012 is to have that ordinance change be effective for any appointments made as the date of the first reading of that ordinance he would have the
opportunity to have that appointee enjoy the change. 9.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). Mr. Frankel moved to reappoint
Barry Gauch as a regular member to the Boca Raton Aviation Advisory Committee to serve a two (2) year term ending May 31, 2014, seconded by Mrs. Gray. Upon roll call the Commission voted
as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. 10. PUBLIC HEARINGS: A. None At this
point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the Public-Immediately Following Public Hearings.
15 05/01/12 11.A. City Manager’s response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. None. 11.B. From the Public.
11.B.1. Joanne Miller, 3501 Lakeview Boulevard, Delray Beach, FL 33445, stated she and her husband are very concerned with the escalating crime in her community (Lakeview/Sherwood Park
area of Delray Beach) and the unsatisfactory response on the part of the police to these events. Mrs. Miller stated they have been residents of Delray Beach for 23 months. The Lakeview/Sherwood
Park area consists of four main streets: Lakeview Boulevard, Lakeview Drive, Sherwood Boulevard and Lowson Boulevard. Mrs. Miller stated during this brief time they have become aware
of escalating crime in their neighborhood and according to a reliable neighbor the crime spree began approximately four years ago (police records show May 1, 2011-April 23, 2012 there
have been 14 burglaries; 5 assaults; 93 suspicious calls to the police; 68 audible; 7 silent alarms went off summoning police and 11 disturbance calls. Mrs. Miller stated since the report
was picked up one week ago according to neighbors there have been two more and one attempted burglary. She stated they have scheduled a neighborhood meeting and it is to be held Tuesday,
May 8, 2012 from 6:30 p.m. – 8:00 p.m. at the Palm Beach County Library Hagen Ranch Road branch north of West Atlantic Avenue. In addition, Mrs. Miller stated they have distributed flyers
to all neighbors inviting them to attend this meeting. She stated they have made 4 telephone calls and 1 visit to the Delray Beach Police Department during the past week with the hope
of getting a representative of the Police Department to attend their meeting and they have not received a response. Mrs. Miller stated they are requesting (1) that the police send a
representative to the meeting, (2) encourage the police to investigate vigorously these crimes especially the 14 burglaries and the 3 new complaints, (3) request that the police cruise
their neighborhood frequently on a daily basis and be a visible presence in the community, (4) request to have the police to have a much quicker reaction time responding to neighbors’
calls, (5) asking the Mayor and City Commission to get back to them in a timely way about instituting the above needed request, (6) most homeowners are taking precautions to protect
their homes several have installed cameras. Mrs. Miller stated this problem is beyond neighborhood control and feels they need the police and other professionals to make what has become
a crime zone their priority. She urged the Mayor and City Commission for their cooperation and distributed a letter which they have detailed further some incidence in their neighborhood.
11.B.2. Yanni Albrecht, 803 North Swinton Avenue, Delray Beach, FL 33444, stated she is a 14 year resident of Delray Beach and expressed concern over democracy in this country and stated
since 2010 a decision by the Supreme Court gave power to corporations to be involved in elections. Ms. Albrecht stated she has sent emails and hand delivered letters to the Commission
about the push to consider an amendment to the
16 05/01/12 constitution that could affectively keep corporations from having the rights of people. She stated the movement nationwide is to ask the City Commission to approve a resolution
supporting the idea of an amendment to the constitution that defines people as people and not as corporations. Ms. Albrecht stated many cities across the country have already done this;
the State of Vermont came up with a resolution as a state. She stated being proud that Delray Beach has some progressive trends in the past she is asking the Commission to consider that.
11.B.3. Dr. Victor Kirson, D.D.S, 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance),
expressed concern that the Police Department is losing men and stated a number of years ago they were supposed to have 162 sworn officers carrying a gun on duty and that was decreased
to 158 but in reality we have 143 sworn officers carrying a gun. Dr. Kirson stated you cannot function on that low number and the City continues to reduce their benefits and their pay.
He stated the City cannot take the budget worries out on these city employees which the city has been doing without the residents suffering. 11.B.4. Christina Morrison Pearce, 2809 Florida
Boulevard #207, Delray Beach, FL 33483, stated they also had a crime spree in the southwest area last weekend where several of the businesses were hit and several surrounding businesses
were hit. Ms. Pearce stated when they arrived to work on Monday morning they immediately called the Police Department and they had the opposite response that Mrs. Miller had. Ms. Pearce
stated their property is video monitored and the police took the videos and caught the person. Within two days, they had the people in custody because they have video surveillance. She
stated the entrances to the park are on city streets and asked for guidance from staff on how they can adequately place surveillance for their entrances and exits even though they are
city streets. Ms. Pearce thanked the City Commission because she stated the Police Department is excellent. 11.B.5. Steve Blum, Antilles Homeowners’ Association, 115 Venetian Drive Unit
“C”, Delray Beach, FL 33483, commended the Police Department and stated they have had minor issues with kids on bikes stealing change out of cars or throwing things at the lanterns breaking
them. Mr. Blum stated the police come right away and take care of the situation. Mr. Blum stated from the homeowners’ association and from his point of view the police are doing an excellent
job in their neighborhood and thanked them for it. 11.B.6. David Faustin, 10175 Camino Del Dios, Delray Beach, FL 33446, continued his remarks from the March 6, 2012 and April 3, 2012
City Commission meeting. Mr. Faustin stated he contacted Susan Bucher, Supervisor of Elections to communicate the election law violations occurring at the Delray Beach City Hall. He
stated he asked Ms. Bucher to uphold Florida law as it relates to the marking of the solicitation area like all other early voting sites. Mr. Faustin continued to read his statement
into the record.
17 05/01/12 Mayor McDuffie stated he was interviewed by the Sun-Sentinel yesterday and the topic was crime. He stated City of Delray Beach crime in every area is down 9-10% across the
board with the exception of one area which is up 1%. He stated crime levels are lower today than at any point in history since they have been recorded. Mayor McDuffie stated staff will
check into the anomaly that was brought to the attention of the Commission tonight. Mayor McDuffie thanked the Police Department for the wonderful job that they have done. He stated
it is actually across the County that the crime rate is lower than any time since these numbers have been kept. At this point, the time being 7:25 p.m., the Commission moved to Item
12, First Readings. 12. FIRST READINGS: 12.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. The
caption of Ordinance No. 11-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, ARTICLE 7.9 “DOCKS,
DOLPHINS, FINGER PIERS, AND BOAT LIFTS” BY AMENDING SECTION 7.9.5, “STANDARDS FOR APPROVAL”, TO UPDATE SAME; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 11-12 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning,
stated this is a clarification of the current regulations that deal with docks and LDR Section 7.9.5 pertaining to the standards for approval of docks states “a dock, exclusive of dock
pilings, shall not project more than five feet into a waterway from the property line or seawall or bulkhead or seawall cap, whichever is nearest to the waterway.” Mr. Dorling stated
the strict/verbatim interpretation of the current language would prohibit the construction of docks in those cases where the property line lies in excess of eight feet landward of the
waterway; or when the property line lies within the water channel. Mr. Dorling stated the proposed amendment eliminates the use of the “property line” as a basis for measurement and
replaces the term “nearest the waterway” with the term “water’s edge”. The current requirement for a dock projection of five (5) feet will be maintained in those cases where
18 05/01/12 there are no seawalls or seawalls that do not have batter piles. An additional projection of two (2) feet is proposed to accommodate a dock construction with batter piles.
At its meeting of February 27, 2012, the Planning and Zoning Board considered this amendment and at that time it was not clear to them so the Board tabled it with a 4 to 0 vote. Mr.
Dorling stated it came back to the Planning and Zoning Board at their meeting of March 19, 2012 and they approved it with a 6 to 1 vote. Mr. Frankel moved to approve Ordinance No. 11-12
on FIRST Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes.
Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated there were several appointments from the League of Cities
Board Meeting and reported that Joni Brinkman was appointed to the Treasure Coast Regional Planning Council, Susan Haney from Boca was appointed to replace Bill Moss at the Florida League
of Cities Board of Directors, and Susan Haynie and Todd Wodraska were appointed to the IPARC (Intergovernmental Plan Amendment Review Committee) Executive Committee. The City Manager
stated the Inspector General presented her budget to them and she is not getting the number of complaints that require investigating that she had anticipated when she came here. Therefore,
the City Manager stated the Inspector General has reduced her investigative staff by about half and moving those people over to do auditing and contract monitoring. 13.B. City Attorney
The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Jacquet Mr. Jacquet stated he attended the Ribbon Cutting for a new business near
the Intracoastal called “Stitches By the Sea, Inc.”. Secondly, Mr. Jacquet stated he has been going around the City and getting to observe City employees and had the opportunity to go
to Public Works and Parks and Recreation. He stated this was a great experience and the employees really appreciate when they see the Commissioners come by to tell them the Commission
appreciates the work that they are doing. Mr. Jacquet stated when the City has downtown events that end late at night and you drive by at 5:00 a.m. and everything is cleaned up
19 05/01/12 that’s impressive. Mr. Jacquet encouraged the Commission to thank them for the work that they do. Mr. Jacquet stated he also had the opportunity to go to one of the City
parks and feels it is the City’s job to make sure that the people that work for the City reflect the City in a positive light. He stated he overheard someone say “I would never let my
child come to this place” which was one of the City’s parks. Mr. Jacquet stated he did not like this comment and the way he was addressed by one of the persons that worked there was
not very welcoming and was not reflective of the Delray Beach that he grew up in and knows. He asked if the City has ever had workshops or talked to these employees especially when they
are dealing with children because these children are very impressionable and when adults talk that way around them it is not a good thing. He stated he attended a neighborhood association
meeting for Delray Shores and noted that they are having a serious problem with traffic since Atlantic High School opened. Mr. Jacquet stated school buses go onto Davis Road to go to
Atlantic High School and they are having a lot of issues with that intersection particularly Lake Ida and Davis Road. He stated he has witnessed many accidents at this intersection and
the cars are speeding on Davis Road from Lake Ida to Atlantic High School. Mr. Jacquet suggested that a police officer go out there to check if this is a serious problem and what it
is we can do to help protect the residents that live on Davis Road. Lastly, Mr. Jacquet stated he has had interactions with the Police Department and they have been phenomenal specifically
the Problem Oriented Policing (POP) Program. He stated they were in the Del-Ida area at one point and crime drastically dropped and now they are in Osceola Park. Mr. Jacquet stated these
guys are very visible and are doing a wonderful job and supports the program 100%. 13.C.2. Mr. Carney Mr. Carney commented about the review that the Commission adopted as their new rules
where they are going to have the annual review of the City Manager and the City Attorney and stated he expected to see something on tonight’s agenda for the form of how this was going
to be done because the Commission agreed to do this in May. Mr. Carney stated he received a review type form from the City Attorney’s office which does not need to be the adopted form
but it is a great start. He stated this is something that he pushed for to be in the new rules and is something that the citizens expect that the Commission have an annual review of
the City Manager and the City Attorney and he would like to see something where we are doing that in May as the Commission adopted that rule to do in May. Mr. Carney suggested that in
the next couple of weeks each Commissioner have individual meetings and feels the Commission will get a much more candid discussion on a one-on-one basis. Mr. Carney stated this is something
that the Commission should be pursuing in May so that towards the end of May or within the first meeting in June the Commission can report on the review that they conducted in May as
the rules state. He asked that the City Manager and the City Attorney to figure out how
20 05/01/12 this is going to be done in the next couple of weeks because it is something that everyone is anticipating. Secondly, Mr. Carney stated there was an issue with the meeting
that the Commission had a couple of weeks ago where people could not go online and asked if there was a technical problem. Chevelle D. Nubin, City Clerk stated this is being addressed
and noted it was with the company Granicus and something happened on their end. Ms. Nubin stated she received telephone calls about it and went in to look at it and noted the last hour
of the meeting is missing. However, tomorrow Ms. Nubin stated she will upload the DVD so it should be there. Mr. Carney stated when what is said in public is not available when people
go online then we should have an alternate post so there is some rendition of the discussion so that people know what was discussed during the time they could not hear. The City Manager
stated typically what staff does is load a DVD so that it becomes available. Lastly, Mr. Carney echoed comments from the Mayor and his fellow Commissioners and stated the Police force
does an excellent job. 13.C.3. Mrs. Gray Mrs. Gray thanked the City and the Community Redevelopment Agency (CRA) for embracing Prep and Sports. She stated over the weekend they have
had 20 young people that they trained in the City of Delray Beach and 18 out of the 20 got drafted in the NFL this weekend. Mrs. Gray thanked Prep and Sports, TJ Jackson, and Tony Villani.
Also, Mrs. Gray stated another young man DJ McCarthy was training with a couple of kids and one of his young men got drafted to the New Orleans Saints. In addition, Mrs. Gray stated
two young men from the City of Delray Beach were drafted (Jayron Hosley to the NY Giants and Emmanuel Lamar to the Cincinnati Bengals). Secondly, Mrs. Gray stated there is one Mayor
and four Commissioners and they have tons of events to attend. With regard to Commissioner Jacquet’s comment about supporting the Chamber of Commerce, Mrs. Gray stated although the Commission
may not be able to make all of the ribbon cuttings the entire Commission supports the Chamber. She stated last week they were at the Economic Development meeting and the Chick-fil-A
event. Mrs. Gray stated the Commission cannot possibly make all of the events that are going on in the City of Delray Beach. Mrs. Gray stated she and the Mayor were at the PGA store
last week where a check was presented that will help the Boys and Girls Clubs of the Palm Beaches and also attended the Achievement Center last week. Mrs. Gray asked for an update on
Craig A. Smith. She stated Commission had asked that on all of the projects that we use this company so to avoid having so many
21 05/01/12 change orders. Mrs. Gray asked for an update and whether or not we are using this technology. Lastly, Mrs. Gray stated she approached Palm Beach County Commissioner Priscilla
Taylor to get some more dollars in the City of Delray Beach for one of our parks to regulate the field at Pompey Park so that we can have four fields (three at Miller Park and one at
Pompey Park) so that we can have more baseball tournaments come into the city. She stated the City received approximately $100,000 and asked staff for an update as to when the City will
be signing that contract and moving forward with that. The City Manager stated the contract will be back dated and the City has placed an order for the batting cages to be redone and
staff is close to getting the sound system on order. The City Manager stated the City is moving ahead with it but he will let the Commission know the status. 13.C.4. Mr. Frankel Mr.
Frankel applauds Mr. Malone for two grand openings tomorrow night; one at Boston’s Sand Bar at 4:30 p.m. and then afterwards 75 Main. Secondly, Mr. Frankel stated he was at the Courthouse
today and someone asked him about the Cinco de Mayo Festival that is going on this weekend so he looked for it on the events calendar. However, Mr. Frankel stated it is not on the City
website and not on the Chamber website and thought the website was going to be done March or April. Mr. Frankel stated there is another event at Old School Square Sunday. The City Manager
stated staff reported at the Goal Setting Session that it would be in May but the only events that staff plans to have on our calendar are city meetings. He stated the calendar for all
these other kinds of things would be on the Delray Beach Marketing Cooperative (DBMC) site. Lastly, Mr. Frankel asked that staff put on the Workshop Agenda for next week discussion about
the South Central Regional Treatment Wastewater Disposal Board (SCRTWDB) and two Boynton Beach Commissioners have publicly stated they do not want to attend anymore. Mr. Frankel stated
another Boynton Beach Commissioner stated that he thinks that everyone needs to be there. Mr. Frankel stated he would like the Commission to discuss it next week to come up with their
position. For the record, Mr. Frankel stated he would like to note that in his three years our attendance has been much better at attending these meetings then our neighbors. Mr. Frankel
congratulated Commissioner Gray as the new Chair for the SCRTWDB. 13.C.5. Mayor McDuffie Mayor McDuffie thanked Richard Radcliffe from the Palm Beach County League of Cities and Casey
Cook from Tallahassee who is the City’s lobbyist who attended the meeting this evening.
22 05/01/12 Secondly, Mayor McDuffie stated he will attend the Chamber Openings tomorrow night; the Boston’s Sand Bar and 75 Main. Lastly, Mayor McDuffie announced that the National
Day of Prayer will be held on Thursday, May 3, 2012 from 12:00-12:30 p.m. and there will be another celebration of the National Day of Prayer at Abbey Delray South from 6:00-7:00 p.m.
City Commission Meeting on May 1, 2012; Item 9.A.
City Commission Meeting on May 1, 2012; Item 9.A.
City Commission Meeting on May 1, 2012; Item 9.A.
City Commission Meeting on May 1, 2012; Item 9.A.
City Commission Meeting on May 1, 2012; Item 9.A.
City Commission Meeting on May 1, 2012; Item 9.A.
05/15/12 MAY 15, 2012 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, May 15, 2012. 1. Roll call showed: Present -Commissioner Thomas F. Carney, Jr. Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta
E. Gray Mayor Nelson S. McDuffie Absent -None Also present were -David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered
by Rabbi Randy Konigsburg with Temple Emeth. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. The City Manager requested that Item
8.L., Special Event Request/4th of July Festivities, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mr. Carney requested that Item 8.J., Service Authorization No.
12-03/Mathews Consulting, Inc. of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. Mrs. Gray requested that Item 8.I., Interlocal Grant Agreement/Palm Beach County/Pompey
Park Baseball Field Renovation Project, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. Mr. Carney moved to approve the Agenda as amended, seconded by Mr. Frankel.
Upon roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote.
2 05/15/12 5. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Regular Meeting of April 17, 2012, seconded by Mr. Carney. Upon roll call the Commission voted as follows:
Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. National Safe Boating Week
– May 19-25, 2012 Mayor McDuffie read and presented a proclamation hereby proclaiming the week of May 19-25, 2012 as National Safe Boating Week in Delray Beach, Florida. Andrea Rutherford
came forward to accept the proclamation and gave a few brief comments. 6.B. Breaking the Silence Year – 2012 Mayor McDuffie read and presented a proclamation hereby proclaiming 2012
as Breaking the Silence Year in Delray Beach. Joyce Patrick came forward to accept the proclamation and gave a few brief comments on behalf of Rita Thrasher. 6.C. Older Americans Month
-May 2012 Mayor McDuffie read and presented a proclamation to Chevelle D. Nubin hereby proclaiming May 2012 as Older Americans Month in the City of Delray Beach, Florida. 6.D. National
Public Works Week – May 20-26, 2012 Mayor McDuffie read and presented a proclamation hereby proclaiming the week of May 20-26, 2012 as National Public Works Week. Richard Hasko, Director
of Environmental Services came forward to accept the proclamation and gave a few brief comments. 6.E. National Emergency Medical Services Week – May 20-26, 2012 Mayor McDuffie read and
presented a proclamation herby proclaiming the week of May 20-26, 2012 as National Emergency Medical Services Week in Delray Beach, Florida. Chief Danielle Connor and Dr. Kushnir came
forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. Presentation by Sister Cities’ Student Ambassadors: Spencer Anderson, Emma Arrieta, Alex Brandt,
Mika Durante, Izaak Lakhik, Phoebe
3 05/15/12 Weiner and Danielle Zaros Mayor McDuffie introduced former Mayor and head of the Sister Cities Program in Delray Beach David Schmidt. David Schmidt, President of Sister Cities
of Delray Beach, introduced the latest group of student exchange ambassadors who will be heading off to Miyazu, Japan as this is the 35th anniversary of the Sister City relationship
with Miyazu the hometown of George Morikami. Mr. Schmidt stated while in Japan the students will have an opportunity to stay with a host family and host student, attend Miyazu High School,
and also visit Kyoto. He stated they have a dedicated Board that raises money for this trip so that any student can go and no one is precluded for financial reasons. Mr. Schmidt stated
the students have been working very hard with Tony Durante learning Japanese language and customs. The following student ambassadors introduced themselves: Spencer Anderson, Emma Arrieta,
Alex Brandt, Mika Durante, Izaak Lakjik, Phoebe Weiner and Danielle Zaros. Mayor McDuffie read and presented a proclamation to the students. 7.B. 23rd Annual Delaire/Delray Citizens
for Delray Police Charity Golf Tournament Presentation to Police and Fire-Rescue -Perry DonFrancisco Perry DonFrancisco, Chair for the Delray Citizens for Delray Police, stated this
is the 23rd time since 1990 to present Fire-Rescue and Police the proceeds from the Annual Delaire/Delray Citizens for Delray Police Charity Golf Tournament. Mr. DonFrancisco stated
Delaire has raised in excess of $725,000 for lifesaving and crime fighting equipment as well as support for Delray Citizens for Delray Police. He stated this equipment has enhanced our
first responders’ ability to perform emergency tasks so vital to all of those who reside in Delray Beach. Mr. DonFrancisco stated a thermal imaging camera detected life in a burning
building shortly after it was purchased with Delaire funds and saved the child’s life. Mr. DonFrancisco stated two complete sets of the Jaws of Life extraction equipment have removed
accident victims trapped in vehicles. Mel Katz, Chairman of Charity Tournament and supporter of Delray Beach for many years, stated Mr. DonFrancisco is also the Chair of the Delray Citizens
for Delray Police and is an active organization supporting underprivileged children and various other functions that it does all relating to Delray Beach. Mr. Katz presented a check
to the Delray Beach Fire-Rescue Department in the amount of $9,950.00 and a check to the Delray Beach Police Department in the amount of $9,950.00. 7.C. Presentation of FY 2011 Comprehensive
Annual Financial Report (CAFR) – Caler, Donten, Levine, Porter & Veil, P.A. David Boyd, Finance Director, stated the Commission has a contract with the audit firm of Caler, Donten, Levin,
Porter & Veil, P.A. an independent auditing firm based in West Palm Beach to audit the financial records of the City.
4 05/15/12 Scott Porter, Audit Partner, presented the results of the fiscal year 2011 audit for the City of Delray Beach. Mr. Porter gave a brief overview of the financial statements
and focus on some of the financial highlights for 2011 compared to some of the prior years. Mr. Frankel stated he wanted to verify that these are available for the public. Mr. Porter
stated he printed several extras and will also provide Mr. Boyd with a document that can be posted on the website. Mr. Frankel, Mrs. Gray and Mr. Carney agreed that this is a great report.
Mr. Jacquet asked if the Management Response Letter was audited. Mr. Porter stated they look at the letter in relation to what the comments are and discuss it at length in what will
be done. Mr. Porter stated when they do 2012 they go back to that and verify that those comments were resolved and then they will report that in the next year’s letter that those were
resolved or need additional work. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. REQUEST FOR A SIDEWALK DEFERRAL/633 NORTH OCEAN BOULEVARD: Approve an agreement to defer installing
a sidewalk along the east side of North Ocean Blvd (SR A1A) for the property located at 633 North Ocean Boulevard. 8.B. HOLD HARMLESS AGREEMENT/633 NORTH OCEAN BOULEVARD: Approve a Hold
Harmless Agreement with Dolores Cusson to install and construct utilities in the right-of-way of the State of Florida for the property located at 633 North Ocean Boulevard. 8.C. RESOLUTION
NO. 23-12: JOINT PARTICIPATION AGREEMENT (JPA)/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): Approve Resolution No. 23-12; authorizing a Joint Participation Agreement (JPA) with the Florida
Department of Transportation (FDOT) to provide service development funding to enhance and/or expand the Downtown Roundabout Shuttle service within the City. The caption of Resolution
No. 23-12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA APPROVING A JOINT PARTICIPATION AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
TO PROVIDE SERVICE DEVELOPMENT FUNDING TO THE CITY OF DELRAY BEACH TO ENHANCE AND/OR EXPAND THE DOWNTOWN TROLLEY SERVICES LOCATED WITHIN THE CITY OF DELRAY BEACH; PROVIDING
5 05/15/12 FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 23-12 is on file in the City Clerk’s office.) 8.D. AMENDMENT TO THE WORKFORCE HOUSING COVENANT
WITH ALTA CONGRESS OWNER, LLC.: Approve an amendment to the Workforce Housing Covenant between the City and Alta Congress Owner, LLC., developer of the Alta Congress development. 8.E.
REVISED WORKFORCE HOUSING COVENANT: BEHRINGER HARVARD DELRAY, LLC.: Approve a revised Workforce Housing Covenant between the City and Behringer Harvard Delray, LLC., developer of the
Franklin at Delray Beach. 8.F. AMENDMENT NO. 3 TO THE LICENSE AGREEMENT: DELRAY INTRACOASTAL CRUISES, LLC.: Approve Amendment No. 3 to the License Agreement with Delray Intracoastal
Cruises, LLC to extend the agreement to February 1, 2017. 8.G. CONSENT TO ASSIGNMENT/MOBILITIE INVESTMENTS II, LLC TO SBA COMMUNICATIONS CORPORATION: Approve a Consent to Assignment
from Mobilitie Investments II, LLC to SBA Communications Corporation for the cell tower at Barwick Park. 8.H. TRAFFIC ENFORCEMENT AGREEMENT/HIGH POINT OF DELRAY BEACH CONDOMINIUM ASSOCIATION
SECTION 1, INC.: Approve a Traffic Enforcement Agreement with High Point of Delray Beach Condominium Association Section 1, Inc. to allow the City of Delray Beach Police Department to
enforce State and local traffic laws on the private roads of High Point of Delray Beach Condominium Section 1. 8.I. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A.
8.J. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.K. SPECIAL EVENT REQUEST/ON THE AVE: Approve a special event request to endorse On the Ave to be held on July 3,
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 A-1A from the south end of Boston’s to the south side of the north parking
lot entrance of the Marriott and Atlantic Avenue from A-1-A to the east side of Salina; 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.
6 05/15/12 8.L. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS 9.A.A. 8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development
Boards for the period April 30, 2012 through May 11, 2012. 8.N. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Simply the Best Charter, Inc. in the annual estimated amount of $45,989.00
for bus rental and driver service for the Parks and Recreation Department for Youth Football Program, Summer Day Camp, Holiday Day Camp, Special Events, Sport & Dance Competition and
Overnight/Weekend Trips. Funding is available from multiple Parks and Recreation Department accounts. 2. Contract award to Ovivo USA, LLC in the amount of $64,454.00 for removing and
replacing the gear motor units on Clarifier Units #1 and #3 at the Water Treatment Plant. Funding is available from 442-5178-536-64.90 (W & S Renewal & Replacement Fund: Machinery/Equipment/Other
Machinery/Equipment). Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie
– Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. SPECIAL EVENT REQUEST/4th OF JULY FESTIVITIES: Approve
a special event request for the 4th of July Festivities, including granting a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from the east side of N.E./S.E.
7th Avenue to Ocean Boulevard, and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard from 2:00 p.m. to midnight; to waive Code of Ordinances Sections
101.25 “Commercial Enterprises” and 101.32 “Assemblies” to allow assembly on the beach and vendors; to allow all beach parking lots to remain open until approximately midnight; and to
approve staff support for security and traffic control, street barricading and banner hanging, large stage set up and use, EMS support, use of City generator, signage, and clean up and
trash removal. Robert A. Barcinski, Assistant City Manager, stated Captain Tabeek and Sarah Martin stopped by his office this afternoon with the Field Operations Manager as well as James
Galow, Superintendent of the Beach. Mr. Barcinski stated they are recommending instead of shooting from two locations that we shoot from one location on the north side about Thomas Street
for different reasons: (1) safety, (2) it can be
7 05/15/12 controlled better, (3) the fireworks company thinks it would be a much better show altogether in one location. Mr. Barcinski stated staff recommends approval of this event
and noted this is a city produced event with assistance from the Delray Beach Marketing Cooperative (DBMC), approval of street closures, staff support, the waiver of ordinance which
would allow everyone to assemble on the beach, allows commercial activity there as well as allows us to keep the beach parking lots open later in the evening. Staff would provide support
for security and traffic control, street barricading and banner hanging, large stage set up and use, EMS support, use of City generator, signage, and clean up and trash removal. Mr.
Frankel stated his recollection is that there is a major cost savings with all the changes this year. Mr. Barcinski stated a major portion of the savings comes on the DBMC side and the
actual was $67,000; however, the original budget for this year was $87,000 because of increased costs staff anticipated for the barge, barge rental, and the tug cost. He stated this
has been reduced to $61,000. Mr. Barcinski stated staff estimates that overtime costs will come down $2,000-$3,000. Mr. Carney stated if we are setting up on the beach at the end of
Thomas Street and shooting fireworks from there how far north is the perimeter going to be and how far south is the perimeter going to be. Sarah Martin, Delray Beach Downtown Marketing
Cooperative, stated they will secure a perimeter of approximately a 400 foot radius and that exceeds what was originally presented to the Commission which was a 300 foot radius. Ms.
Martin stated at the Dorchester is where it would be lifted off now. She stated it will go two entrances to the beach north of Dorchester and two to the south. She stated high tide marks
change so when they went onsite they looked for the best location away from the sailboats and the widest part of the beach. Ms. Martin stated she has maps for the Commission so they
can see it lined out visually and reiterated where the lifeguard tower is in front of Dorchester it would be two entrances to the north and two to the south and is a substantial distance
from A1A and Atlantic Avenue. Mr. Jacquet commented about the $2,000-$3,000 savings to the City in overtime costs and asked what the total cost is for the City. Mr. Barcinski stated
the City would have had a larger expense had we shot from a barge because we would have had to rent two boats and man them this year which we did not have in previous years. The City
Manager stated the total cost including the cash contribution for the fireworks is $69,000-$70,000. Mr. Jacquet stated when this was presented at the Workshop one of the highlights to
the presentation was in fact that we are going to have two locations because it was presented as safer. Mr. Barcinski stated that was the thinking at the time and it was based on discussions
with the office staff at Grucci and their field guy. Mr. Barcinski stated our fire department and their staff feel that it will be safer with one location and a better show overall.
Mr. Barcinski stated the fire department felt we could go either way but at that time they preferred one location possibly but the fireworks company at that time felt two was better
and now their field guy feels one location will be safer.
8 05/15/12 Mayor McDuffie stated the projected budget was $87,000. Mr. Barcinski stated at mid-year the DBMC reduced that based on not having a tug, barge, dock fees, and some of the
other costs associated with that. Ms. Martin stated it was also based on budgeting for a barge at $25,000 based on what happened last year. Mr. Frankel moved to approve Item 9.A.A. (formerly
Item 8.L.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said
motion passed with a 5 to 0 vote. At this point, the time being 7:02 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A.
PUBLIC COMMENTS/FY 2013 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2013 Proposed Budget at this time. Steve Blum, Antilles Homeowners’ Association,
stated he has seen a real good change in attitude from the City and the City Commissioners compared to last year. Mr. Blum stated a year ago it appeared that the Commission wanted to
spend more money and implement a fire fee to cover the costs. He stated through Mr. Jacquet, Mr. Carney and Mrs. Gray, they respond to his emails with things like asking people questions
about how can we reduce this or how can we reduce that. Mr. Blum stated he feels we have really turned the corner in that direction and feels they are not just looking at last year’s
budget and adding on 4.6% to it but instead the City is looking at what it takes to run a department correctly and efficiently and feels that is a good thing. Mr. Blum suggested the
following: (1) that the City charge for the dog park or shut it down, (2) charge for the downtown shuttle or shut it down, (3) institute a flat rate two year term fire fee but only with
corresponding reduction in the millage rate, (4) over the past month there have been many issues and he has documented in emails to the Commission about the poor way that the billing
system for the water system and trash system is being run; hundreds of people that should not have been billed were billed on the barrier island and for his specific bill he received
double credits. Mr. Blum stated he feels these mistakes are showing him that the City is not being run properly. Dr. Victor Kirson, D.D.S, 2050 Alta Meadows Lane #2110, Delray Beach,
FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), asked why are we discussing this so early because we have no idea what our
budget needs will be. Dr. Kirson stated July 1st we will get an approximation of the decrease in property values even though it is up near 1% it changed drastically last year. He stated
we have approximately 850 employees and for 3-5 years they have not received a pay raise; they have lost 8-10% of their income and they are not going to stay with the city unless this
year we come up with something whether it is a pay increase or giving back steps. Dr. Kirson stated if the city wants to keep its employees
9 05/15/12 here give them something to stay here for. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, stated if the Sun-Sentinel is correct the Mayor invited the public to
discuss the budget and if it was reported accurately what the Mayor may have said “if you don’t want taxes to go up we are going to have to cut services.” Mr. Warner stated anything
that he has ever read from professional experts has argued that there should be a split in municipal budget planning between essential services and non-essential services. He stated
he does not want the city to cut essential services to hold our tax rate. Mr. Warner stated 60% of the budget according to the auditors is identified as public safety and urged the Commission
to not cut essential services. Mr. Warner stated he believes it is a dis-service to argue to taxpayers that the only way to hold taxes is to cut services because there is a distinction
between essential services and non-essential services. He suggested if the City is looking for ways to raise revenue they might consider extending the time the parking meters on the
beach continue to operate from 8:00 p.m. until midnight. He asked if Boston’s, Caffé Luna Rosa, BurgerFi, and the Marriott can afford this and stated their customers are spilling into
the street. Mr. Warner stated every time he has gone up to the beach over the past season to gather his data in addition to talking to people between 8, 9, and 10:00 p.m. informing them
that they might change so you have to pay after 8:00 p.m. Mr. Warner stated the responses he gets uniformly are along the lines of “so what, I spend over $100 here every night I care
about a few more dollars for the parking meter; who cares, are they ready to do that….I don’t live here….I don’t pay taxes.” Mr. Warner stated another comment that a person said “Meters
after 9:00, 10:00, or 11:00 at night…. Do you think I come here because the parking is free?” Mr. Warner stated that is not an essential service; his tax dollars subsidizing the restaurants
on the beach. T.J. Daugherty, 173 S.E. 5th Avenue, Delray Beach, FL 33483 (55 year resident and was in Vietnam and Iraq), urged the Commission to not cut essential services. He stated
the Commission is professional and doing a good job. He suggested that the City get concerts to perform in the tennis stadium as a way to make money. At this point, there being no one
else from the public who would like to speak on the fiscal year 2013 proposed budget, the public hearing was closed. 10.B. 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. The caption of Ordinance No. 11-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS,
ARTICLE 7.9 “DOCKS, DOLPHINS, FINGER PIERS, AND BOAT LIFTS” BY AMENDING
10 05/15/12 SECTION 7.9.5, “STANDARDS FOR APPROVAL”, TO UPDATE SAME; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No.
11-12 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws
of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this is an LDR amendment to the portion of the
code that deals with docks. Currently, docks are not allowed to project more than five feet into a waterway from a property line, seawall, bulkhead, or seawall cap, whichever is nearest
to the waterway. Mr. Dorling stated there is a restriction that they not extend further than eight (8) feet beyond the property line. He stated this would prohibit construction of docks
in those cases where property lines are in excess of eight (8) feet landward of the waterway or when the property line lies within the water channel. At its meeting of February 28, 2012,
the Planning and Zoning Board reviewed the ordinance and the Board tabled the ordinance and it was rewritten to address some issues and it came back them on March 19, 2012. The Board
recommended approval at that time with a 6 to 1 vote. Mr. Dorling stated the Commission recommended approval of this ordinance for first reading on May 1, 2012. Staff recommends approval
on second reading. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 11-12, the public
hearing was closed. Mr. Frankel moved to adopt Ordinance No. 11-12 on Second and FINAL Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Carney – Yes;
Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries
on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager’s response to prior public comments and inquiries. The City Manager stated at the previous meeting Dr. Victor
Kirson expressed concern about staffing levels in the Police Department. The City Manager stated the Chief and Police Department staff review crime statistics, unit section deployments
and action plans each week. The Chief has the authority to hire and makes
11 05/15/12 his decisions based on operational staffing needs and community needs as well as the budget. The City Manager stated currently the department is hiring and calendar year
to date crime is down 9¼%. Secondly, the City Manager stated Mrs. Miller expressed concern about crime in the Sherwood Park/Lakeview neighborhood. The City Manager stated there were
police officers that attended the meeting that she held and any burglaries in the neighborhood are being vigorously investigated. He stated five of the investigations reveal a touch
DNA and have been submitted to the Sheriff’s department laboratory. The City Manager stated there is a huge backlog and the City has not yet received results. The City Manager stated
one instance revealed the video of a suspect and the video was given to the media and broadcast. To date the suspect has not been identified. Detective Hunter has developed a possible
suspect and is trying to get him positively identified. The letter requested presence of marked police units in the neighborhood. Review of calls for service in the neighborhood shows
that there is frequent documented police presence in the area and this includes traffic stops and alarm calls. The City Manager stated as far as the time for responding to calls in the
neighborhood, the neighborhood has had three priority calls for service year-to-date and the average response time was 4 minutes and 15 seconds. He stated throughout the City there were
277 priority one calls with an average response time of 5 minutes and 10 seconds. The City Manager stated year-to-date the neighborhood has had 47 priority two calls with an average
response time of 10 minutes and 21 seconds; citywide there were 6,220 priority two calls with an average response time of 10 minutes and 17 seconds. The City Manager stated the response
in the neighborhood is typical for the City and within our standards for response times. 11.B. From the Public. 11.B.1. Willie Potts, Jr., 202 N.W. 14th Avenue, Delray Beach, FL 33444,
expressed concern over the condition of the gym floor at Pompey Park and stated a few years ago the City spent approximately $50,000 to renovate the floor and it is already getting torn
up. 11.B.2. Betty Goodman, 930 S.W. 11th Terrace, Delray Beach, FL 33444, thanked the Delray Beach Police Department for their assistance in her neighborhood with a family that moved
across the street from her who were playing loud music at 2:00/3:00 a.m. and smoking marijuana. Ms. Goodman stated she asked the Police to do a slow drive-by with the windows down and
everything has disbursed. 11.B.3. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach
and Member of the Alliance), commented on the Davis Cup Finals and stated he would like to see some changes in the thought pattern. Dr. Kirson stated when a City needs money the way
we do we should not be giving it away, we should not be giving our services free, and we should be getting paid for it. He stated the event is going to be held a week before Thanksgiving
and noted this is not prime time and suggested that the City go along with that and let commerce make its money when it is not prime time. Dr.
12 05/15/12 Kirson stated the Assistant City Manager stated that we would need to put up of our taxpayers dollars $400,000 and maybe get that money back in sponsors. Dr. Kirson stated
he would like to see the Chamber of Commerce get $400,000 from its members. Dr. Kirson stated the Assistant City Manager noted that we are going to throw in police, fire, sanitation
and electrical and all the other cities so Delray Beach stands a better chance at getting this contract. If all the other cities would not throw in their services free and we would who
is right them or us. Dr. Kirson stated Delray Beach is wrong to charge for its services and feels that the Chamber of Commerce could get more sponsors and pay for the services. The City
represents the residents that pay the taxes not the restaurants or the hotels; the Chamber of Commerce represents them. Dr. Kirson stated it was estimated that they could make approximately
$5 million on this event and the tennis made $17 million and the City did not get a penny. He stated if they make $5 million then the City should get back 10% into our budget. 11.B.4.
José Aguila, Principal with Currie Sowards Aguila Architects, 134 N.E. 1st Avenue, Delray Beach, FL 33444, stated from 1993-1998 he was employed with the City of Delray Beach as Construction
Manager and was also a City Commissioner and Vice Mayor for the City of Boynton Beach for two terms beginning in 1991. Mr. Aguila commented about the recent Change Order request for
the Pompey Park Concession project that came before the City Commission on May 1, 2012. Mr. Aguila stated a suggestion was made that the project ended up costing twice what was budgeted
and although that is technically correct it was not a result of any error on the part of the consultant; it was because the original budget for the project was set by sitting without
the benefit of a defined scope. He explained that it was the scope that doubled not the budget. Mr. Aguila stated as architects, they have dozens of code books and rules that affect
their design and construction and every project is unique and affects codes differently. He stated in the case of the elevator code there is no one locally to discuss these interpretations
with and generally by the time an elevator inspector makes a ruling in the field they are at the end of the construction process. Therefore, Mr. Aguila stated that they do not have the
luxury or time to file an appeal to the State so they are forced to cave in and do what they are told to do and they take advantage of that. Mr. Aguila stated at Pompey Park the State
elevator inspector arbitrarily decided that they needed heat detectors at both levels of the elevator door opening and the architects argued that the code was clear to them that in a
non-monitored and non-sprinkler building like theirs that these detectors were not required. He stated it was compounded by the fact that these detectors are located on an open breezeway
making them ineffective even had they been required. Mr. Aguila stated the inspector further agreed that they would be ineffective but he wanted them anyway. Mr. Aguila made reference
to a comment expressed by a Commissioner that the consultant should have known that these heat detectors were going to be required. He stated there is no way the consultant or anybody
else could have anticipated that the inspector was going to arbitrarily interpret a particular code section in this manner and inconsistent with the law. Mr. Aguila reference another
comment made by the Commission was the consultant should pay for the heat detectors. Mr. Aguila explained the term “betterment” and stated it basically says that “an owner cannot receive
the benefit of a product without the expectation of payment even in the event that a consultant makes an error the ultimate product received cannot be received
13 05/15/12 for free.” “All projects should have funds set aside as any other legitimate line item to cover unforeseen items such as change in scope, added services, additional time,
crazy out of control inspectors, owner changes.” Mr. Aguila stated the trick is making sure that these are applied responsibly and in accordance with industry standards. He stated in
the case of Pompey Park the project contingency was $35,000 and these $2,600 detectors were properly paid for through this line item and in the end there was still 15% of the contingency
funds that were not used and returned to the city via a change order. Mr. Aguila stated change orders are a fact of life in the design and construction industry and wanting them gone
is not possible or realistic; the change orders just need to be addressed responsibly and that is what they did. He stated they are very proud of their work with Pompey Park and all
their other projects with the City of Delray Beach and they have been providing professional architectural services to the City of Delray Beach since the early 1980’s and hopes to continue
doing so in many more years to come. 11.B.5. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, stated the company running the cabanas on the beach does a fabulous job and he
is glad that the City recently renewed their contract. Secondly, Mr. Warner expressed concern over special events and whether or not the event organizers are getting some of the overtime
costs paid for by the city. He stated at a recent meeting there was discussion where it was clear to him that a new policy going forward was going to be that the special event managers
are going to pay all the overtime costs. Mr. Warner asked if that policy has not kicked in yet or has something changed. Robert Barcinski, Assistant City Manager, stated the direction
was that it would take affect October 1st but the Delray Beach Marketing Cooperative (DBMC) and Old School Square will go from 35% to 50%; everyone else will be paying the City 100%.
Mayor McDuffie stated on comments and inquiries on non-agenda items it is in the rules of order that the City does not respond to them on the spot and respond to them later. Mayor McDuffie
stated periodically staff will respond because something is important. Mayor McDuffie stated in 2011 they were introduced to a concept of priority based budgeting and they learned that
across the board slashes or across the board increases are not wise things to do. 9.A.A.A. SERVICE AUTHORIZATION NO. 12-03/MATHEWS CONSULTING, INC.: Approve Service Authorization No.
12-03 to Mathews Consulting, Inc. in the amount of $25,910.00 for professional engineering services related to the Water Meter/AMI System implementation. Funding is available from 442-5178-536-64.46
(Water & Sewer Renewal & Replacement Fund: Machinery Equipment/Automated Meter Reading). Richard Hasko, Director of Environmental Services, stated this item has to do with a request
for approval of a consulting contract with Matthews Consulting, Inc., for compiling bid documents for advertising and advanced metering infrastructure system
14 05/15/12 (AMI). Mr. Hasko stated in February staff presented this with the consultant in terms of taking advantage of the current technology over a time phase period to install advanced
technology for our metering infrastructure. He stated it increases the accuracy of our meters because overall staff is seeing a 4-6% reduction in accuracy and when you multiply that
times the number of meters in the system it turns out to be a significant amount of revenue as well as water unaccounted for which is also important. Mr. Hasko stated this technology
with the new meters will help us out in that respect and it also will provide us the ability to get real time information from the characteristics of our water system which will help
us make more informed decisions not only for planning from an efficiency and effectiveness standpoint but also for monitoring our system and its characteristics for an operational standpoint
in terms of flow directions and chemical residuals that staff is required to monitor in the system, etc. and to help us maintain a better handle on our compliance with our consent of
use permitting. Mr. Hasko stated it will help us to reduce staff in terms of being able to monitor and read the meters as opposed to getting monthly readings having to send someone out
to tap the button on the box or to do a radio re-drive by and then come back and download that information into the City’s system. It also gives us the opportunity and the ability to
operate individual services remotely. Mr. Hasko stated this would give the City the ability to extend that type of technology to individual service connections in term of turn-offs and
turn-ons. He stated the amount of the service authorization is $25,910 and the scope would be to compose bid documents in two sets to try and save some money on those costs; one would
be for the actual purchase of the equipment and the other would be for the implementation of the installation. Mr. Carney stated he asked that this item be pulled from the Consent Agenda
because of two reasons; first, Mr. Carney stated the presentation at the Workshop was very good and it shows a forward looking approach and it is going to save money for the City over
a long period of time and having a better handle on what is going on with the system and the second reason is he wants to make sure that the scope of work was entailed enough so that
we won’t be coming back with a change order on the amount of money that is being bid for the scope. Mr. Hasko stated the scope will take us completely through contract award. Mr. Jacquet
asked if the $26,000 is for developing a bid package. Mr. Hasko stated it is for two sets of bid packages based on the recommendations from the original report and to assist staff with
the bid evaluations and ultimately recommendations for award. Mr. Jacquet inquired about the $65,000. Mr. Hasko stated that was a study and analysis combining the condition of our system,
establishing the base parameters such as where are we right now, how old are our meters, and what are the reductions in accuracy because of their age and to do the investigations into
the types of technology that are available and the different proprietary types of systems that are out there and to reduce down to a series of recommendations as to who’s technology
we may want to implement. Mr. Jacquet stated aside of this ninety plus thousand dollars the only expense the City is going to have next is the contract itself to get the work done. Mr.
Hasko stated this is correct
15 05/15/12 Mr. Carney moved to approve Item 9.A.A.A. (formerly Item 8.J.), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr. Frankel –
Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.A. INTERLOCAL GRANT AGREEMENT/PALM BEACH COUNTY/POMPEY PARK BASEBALL FIELD
RENOVATION PROJECT: Approve an Interlocal Grant Agreement with Palm Beach County for funding of various improvements and renovations to Pompey Park Baseball Fields in the amount of $92,629.00.
Robert A. Barcinski, Assistant City Manager, stated this is a grant with Palm Beach County to help with funding various improvements at Pompey Park for $92,629.00. Mr. Barcinski stated
this was money that was left in the account under Commissioner Taylor’s funding that was not used for Spady. He thanked Commissioner Gray for getting this money plus a little more and
this will help with ball fields, baseball cages, fencing, grass, etc. Mrs. Gray stated she asked that this item be pulled from the Consent Agenda because she wanted to publicly thank
Commissioner Taylor and the rest of the County Commissioners because in this economy things are really tough right now. Mrs. Gray stated with the concession stand at Pompey Park and
the press box being renovated they noticed that some of the fields are not regulated as well. She stated now the field will be regulated and the City will be able to have more tournaments
because not only does the Little League use the field but it is the home field for Trinity Lutheran as well. Mrs. Gray stated not only did Commissioner Taylor give these dollars back
to the City of Delray Beach but she also gave dollars to Old School Square as well. Mr. Jacquet moved to approve Item 9.A.A.A.A. (formerly Item 8.I.), seconded by Mrs. Gray. Upon roll
call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote. At this point,
the time being 7:42 p.m., the Commission moved to Item 9.A. of the Regular Agenda. 9.A. WAIVER REQUEST/SOUTH DELRAY SHOPPING CENTER: Consider a waiver request to Land Development Regulations
(LDR) Section 4.6.9 (D)(4)(d), “Standard Isle Width”, to allow a 22.3’ where a 24’ minimum two-way drive aisle width is required for South Delray Shopping Center located at 3000-3195
South Federal Highway. (Quasi-Judicial Hearing) Mayor McDuffie read the City of Delray Beach Quasi-Judicial Hearing rules into the record for this item and all subsequent Quasi-Judicial
items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item.
16 05/15/12 Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel, Mrs. Gray, Mayor McDuffie, and Mr. Carney stated they had no ex parte communications
to disclose. Mr. Jacquet stated he has driven by the site. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2012-104. Mr.
Dorling stated this is a waiver request for South Delray Shopping Center pursuant to LDR Section 4.6.9(D)(4)(d) to allow a driveway isle of 22 feet 3 inches versus the required 24 foot
minimum that is required by the LDRs. Mr. Dorling stated the shopping center is being renovated and in that renovation they are installing a two-truck width loading area and that reduces
the drive aisle that is passing that to 22 feet 3 inches where the 24 foot is required. Mr. Dorling stated this was considered by the Site Plan Review and Appearance Board (SPRAB) as
part of a Class II Site Plan Modification approval. The Board recommended approval with a 4 to 0 vote with the required findings and the minimal impact of this waiver. Staff recommends
approval at this time. Derrick Cave, Kimley Horn & Associates, 445 24th Street, Vero Beach, FL (graduated from Virginia Tech in 1987 and is a Registered Professional Engineer in the
State of Florida and has been since 2000), stated at this shopping center location they are changing the tenants and it is going to a grocery tenant. Mr. Cave stated prior to this being
a fitness facility it was an old Winn Dixie and when it was a grocery store they served their grocery facilities with one loading dock and noted that most of the national chains use
two loading docks. He stated part of the reason they use two loading docks is the ability to have one trailer being worked on so that the cab can drop the trailer off, pick a trailer
up and leave and that way you do not have idling trucks. Mr. Cave stated this saves on fuel efficiency, noise, etc. He stated because of the landscape buffers they want to maintain and
the existing screen laws that they want to maintain in the short area in the loading dock area they are reducing it to 22.3 feet from the 24 feet. Mr. Cave stated the parking that is
in the back of this facility is employee parking and there will not be a lot of in and out traffic. Mayor McDuffie stated if anyone from the public would like to address the Commission
regarding the waiver request, to please come forward at this time. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Carney moved to adopt the Board Order as presented, seconded
by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes. Said motion
17 05/15/12 passed with a 5 to 0 vote. 9.B. OFFER OF SETTLEMENT IN MATTHEW BISESTO, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF ALEXIS BISESTO V. CITY OF DELRAY BEACH: Consider
an Offer of Settlement in the total amount of $70,000.00 in Matthew Bisesto, Individually and as Parent and Natural Guardian of Alexis Bisesto v. City of Delray Beach. Staff recommends
approval. The City Attorney stated this was an incident that happened on Veteran’s Park playground. The plaintiff in this case is a five year old girl and fell on monkey bars and sustained
medical costs to date of approximately $25,000 and future medical costs approximately $30,500. The City Attorney stated staff recommends settlement in this case for $70,000 provided
that the plaintiff signs all of the appropriate releases. Mr. Frankel moved to approve the settlement offer in the amount of $70,000 subject to the receipt of the appropriate releases,
seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed
with a 5 to 0 vote. 9.C. APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE BOARD: Appoint one (1) regular member to serve an unexpired plus two (2) year term ending August 31, 2014 to
the Site Plan Review & Appearance Board. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel confirmed that this is an appointment
through August 31, 2014 contingent on the ordinance passing on second reading and it would not affect the appointment should he make it tonight. The City Attorney stated the ordinance
provides that any appointments made at this meeting tonight and thereafter shall be under the provisions of the new ordinance. Mr. Frankel moved to appoint Jim Knight as a regular member
to the Site Plan Review and Appearance Board to serve an unexpired term ending August 31, 2012 and an additional two (2) year term ending August 31, 2014, seconded by Mr. Jacquet. Upon
roll call the Commission voted as follows: Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote. 9.D.
APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to serve a two year term ending June 30, 2014 to the Police & Firefighters
Retirement System Board of Trustees. Based upon the rotation system, the appointment will be made by Commissioner Carney (Seat #1).
18 05/15/12 Mr. Carney moved to reappoint Adam Frankel as a regular member to the Police & Firefighters Retirement System Board of Trustees to serve a two (2) year term ending June 30,
2014, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion
passed with a 5 to 0 vote. 9.E. APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint one (1) alternate member to the Green Implementation Advancement Board to serve an
unexpired term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Carney (Seat #1). Mr. Carney moved to appoint Pamela Grossman as an
alternate member to the Green Implementation Advancement Board to serve an unexpired term ending July 31, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows:
Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:53 p.m., the Commission
moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 15-12: Consider an amendment to Chapter 32, “Departments, Boards and Commission”, of the Code of Ordinances
by amending Section 32.09, “Expiration of Terms; Commencement of Terms”, and Section 32.10, “Vacancies”, to clarify that certain appointments made to fill a vacancy, where there is less
than six months of the current term left, will also include the following regular term. If passed, a public hearing will be held on June 5, 2012. The caption of Ordinance No. 15-12 is
as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, “DEPARTMENTS, BOARDS AND COMMISSIONS”, OF THE CODE OF ORDINANCES BY AMENDING
SECTION 32.09, “EXPIRATION OF TERMS; COMMENCEMENT OF TERMS” AND SECTION 32.10, “VACANCIES”, TO CLARIFY THAT CERTAIN APPOINTMENTS MADE TO FILL A VACANCY, WHERE THERE IS LESS THAN SIX
MONTHS OF THE CURRENT TERM LEFT, WILL ALSO APPLY TO THE FOLLOWING REGULAR TERM, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
19 05/15/12 (The official copy of Ordinance No. 15-12 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance and explained that this ordinance provides
that any time that there is a term of six months or less when the appointment is made it will automatically roll over into the next full term. Mr. Carney stated he is glad that this
was proposed and in order to get people interested you need to let them know that they are going to have a run and that three months from now or six months from now that they have to
face reappointment. Mr. Frankel thanked the Commission for their support and City Attorney’s office in getting this ordinance together on such a quick matter. Mr. Jacquet stated this
is a great ordinance and he is impressed with how quick the City Attorney was able to put it together. Mr. Jacquet inquired about Boards where people have been absent for more than three
times. The City Manager stated if someone is absent for more than three times they are automatically removed. Mr. Frankel moved to approve Ordinance No. 15-12 on FIRST Reading, seconded
by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes. Said motion passed with a
5 to 0 vote. 12.B. ORDINANCE NO. 17-12: Consider approval of a privately-initiated amendment to Land Development Regulations (LDR) Section 4.4.11, “NC (Neighborhood Commercial) District”,
Subsection (F), “Development Standards”, Subsection (G), “Supplemental District Regulations”, and Subsection (H), “Special Regulations”, to modify the regulations for properties within
the Wallace Drive Overlay District. If passed, a public hearing will be held on June 5, 2012. The caption of Ordinance No. 17-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.4.11, “NEIGHBORHOOD COMMERCIAL (NC) DISTRICT”, SUBSECTION
(F), “DEVELOPMENT STANDARDS”, SUBSECTION (G), “SUPPLEMENTAL DISTRICT REGULATIONS”, AND SUBSECTION (H), “SPECIAL REGULATIONS’, TO MODIFY THE REGULATIONS FOR PROPERTIES WITHIN THE WALLACE
DRIVE OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
20 05/15/12 (The official copy of Ordinance No. 17-12 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning
and Zoning, stated this is a privately initiated amendment to the LDRs that would modify development standards and other regulations in the Neighborhood Commercial Zoning District for
properties that are located within the Wallace Drive Overlay District. Mr. Dorling stated the Commission recommended approval of some changes to this property to accommodate a Dollar
General and part of that process was to change the zoning to NC (Neighborhood Commercial). He stated many of the provisions that apply to NC are being requested to be modified to be
the same ones that would have applied under the old zoning of LI (Light Industrial); however, the use would not have been accommodated. Mr. Dorling stated there is also a minimum 4,000
square foot that applies in the NC District which would be eliminated here for individual structures. He stated there is a maximum floor area ratio that applies to this property that
was part of that process that needs to be modified and is different from the NC zoning and there is also a 2,000 square foot maximum floor area for office. Mr. Dorling stated in this
case they do not want that to apply to this and it would not have applied under the old zoning of LI (Light Industrial) either and there is a 10,000 maximum floor area for a single retailer
in the NC (Neighborhood Commercial). He stated given this location it is appropriate to support a larger structure and the Dollar General is just over 16,000 square feet. Mr. Dorling
stated all of these changes to the NC district would apply only to properties within this overlay district. He stated the final changes are necessary to accommodate the Dollar General
which the Commission approved those additional changes a couple of meetings ago. At its meeting of April 16, 2012, the Planning and Zoning Board reviewed the item and no one from the
public spoke on the amendment. The Board recommended approval with a 4 to 0 vote. Staff recommends approval. Mr. Frankel moved to approve Ordinance No. 17-12 on FIRST Reading, seconded
by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a
5 to 0 vote. At this point, the time being 7:59 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A.
City Manager With regard to comments expressed by Commissioner Jacquet about the problem with the intersection at Davis Road and Lake Ida Road, the City Manager stated the problem that
the City sees is buses not allowing vehicles to exit driveways onto Davis
21 05/15/12 Road. The City Manager stated the fleet leaves the school at the same time creating a long chain of bus traffic and the buses can be this way for 3-5 minutes because of the
stop sign at Lake Ida Road where the buses have to turn left or right and they are blocking driveways longer than they should. He stated the suggestion to alleviate blocking of driveways
on Davis Road is to re-educate the drivers and make them aware this is occurring; the driver should be cognizant of the fact that they are impeding residents wishing to exit. The City
Manager stated the City will be speaking with the Superintendent of Transportation at the School Board to get this information out and will also monitor the stop sign at Davis Road and
Lake Ida Road to see if it will be appropriate to conduct some type of traffic control there. If that is the case, the City will contact the School Board police for their assistance
and correcting the driveway problem may ease the second issue. The City Manager stated the City will set a meeting with the Transportation Superintendent to try to resolve this and with
school finishing up in a few weeks this is something that will be addressed primarily for the new school year. Mr. Jacquet stated he would like to be kept abreast of when staff speaks
to the Transportation Superintendent. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Jacquet Mr. Jacquet stated
many of the Commissioners attended the three new openings for businesses (i.e., Sand Bar, 75 Main, and DeBilzan Art Studio) which were very well attended. He stated some of the Commissioners
also attended the campaign grade level reading which was pretty good. Secondly, Mr. Jacquet stated he had the opportunity to do a couple career fairs this past week at Crosspointe Elementary
and Orchard View Elementary and the students are very excited about what goes on in our city. Mr. Jacquet stated he attended the CJ Foundation Gala this past weekend which was very good.
Mr. Jacquet stated he and Mayor McDuffie were at the Criminal Justice Academy Banquet and feels that Atlantic High School is not only the greatest high school ever but the Criminal Justice
Academy is very good. He stated on May 5, 2012 he had the privilege of attending the 15th year anniversary for AM 980 which is run by a gentleman by the name Leslie Jacque for longer
than 15 years. Mr. Jacquet stated Mr. Jacque educates the Haitian-American community on what is going on and calls himself “a radio superstar” and very well known in the community.
22 05/15/12 Lastly, Mr. Jacquet recognized in the audience Mr. Bobby Powell, Jr., who in his former life working for the State Legislature, was in their office working with State Representative
Mack Bernard. Mr. Jacquet stated Mr. Powell is running for State House. 13.C.2. Mr. Carney Mr. Carney thanked Ms. Goodman for her comments regarding the Police Department. He stated
what Ms. Goodman articulated tonight was discussed by the Commission as a group a couple of days ago in the Goal Setting session about how we can work with neighborhoods who want to
improve themselves when someone might move into that neighborhood who is disruptive in one way or another. Mr. Carney stated the Commission is taking this very seriously and he hopes
to see that kind of response and improvement citywide. 13.C.3. Mrs. Gray Mrs. Gray thanked the Police Department and Ms. Goodman as well. Mrs. Gray stated Commissioner Carney mentioned
that the Commission was in their Goal Setting session discussing “No Tolerance” from the drug dealers and people that come in and disturb the neighborhoods. Mrs. Gray stated she lived
in a nice quiet neighborhood and right next door three individuals moved in and turned the place upside down. She stated the City needs the support of the homeowners associations and
the entire community. Secondly, Mrs. Gray stated she is working with Palm Beach County Commissioner Abrams about trying to bring dollars so that the City can renovate the gazebos. Mrs.
Gray asked the City Manager to send the information she received from Mr. Abrams to Mary Renaud from the BPOA. 13.C.4. Mr. Frankel Mr. Frankel thanked Commissioner Carney and the rest
of the Commission for reappointment to the Police and Fire Pension Board. Mr. Frankel stated he was originally appointed in 2007 and with this reappointment he has been the second longest
tenured member and currently the Vice Chairman of the Board. Secondly, Mr. Frankel stated he too attended the CJ Foundation Gala and there was a wide variety of local, state, and national
elected officials there. Mr. Frankel stated Dr. Andre Fladell was recognized this year with a “Silent Hero” Award and Perry DonFrancisco awarded $6,000 in scholarships to children of
four (4) of our Delray Beach Police Officers. Mrs. Gray stated she would like to remind and share with her fellow Commissioners that if one Commissioner attends an event that person
represents the entire Commission.
23 05/15/12 13.C.5. Mayor McDuffie Mayor McDuffie stated he is sorry that he missed the CJ Foundation event this year. He stated he has been for the last several years and noted it is
a great organization. Secondly, Mayor McDuffie stated at the Goal Setting session regarding the digital divide and he was waiting for his quotes to come in. He stated this morning when
he got to the office and opened his email the quote was there and so he now has the quote for all of the equipment with the exception of the wireless routers. Mayor McDuffie stated the
quote is for $124,000 and we have currently committed $97,000 and will be approximately $27,000 short in being able to meet this financial contract. He stated he will need to get the
amount of additional routers that we need because the TED Center already has some leftover from the last time we kicked this project off. Mayor McDuffie stated he would like to find
out how many they have and how many more we need and get that financial information in. Mayor McDuffie stated he and the City Manager are going to have a kick-off conference call with
the stakeholders on Friday, May 18, 2012 to get them involved and then they will actually have a public meeting. Mayor McDuffie stated the Palm Beach Education Foundation who has the
wherewithal to do the contracts on purchasing the equipment did so for Pleasant City on their Wi-Fi project. Mayor McDuffie stated they are going to bring everyone to the table and hopefully
by early summer they will have this kicked off. Mayor McDuffie stated the Campaign for Grade Level Reading is something where the Commission is going to have to engage the community
because in this meeting there were about 40 people represented and everyone agreed that we cannot make the impact on the community and cannot get this going to the level that we need
it going without a “ground swell effort”. He stated the symptoms of what they are trying to address are that 50% of students in the 3rd grade are not reading at grade level and by the
time they reach 10th grade 66 2/3% of them are not reading at grade level. Mayor McDuffie stated they looked at attacking this in many ways: (1) attendance problems are causing this
and if children are not in school all the time they slide backward as compared to their peers so they are looking at improving attendance, (2) increase what we do in the summertime to
engage these kids over the summer where the typical child who does not go to a summer camp where there is academic instruction loses 2½ months of grade level reading over the summertime.
Mayor McDuffie stated this summer they have hired some certified teachers to be in a pilot program where they are taking 27 kids but they need to make this to the point where they are
engaging all of the kids. In Delray Beach, approximately 200 students a year to the fallout of the inability to read at grade level to a problem that they believe they can fix. Lastly,
Mayor McDuffie reiterated comments expressed about the Delray Beach Police Department. He stated there are two programs that they put in within the past several years one being community
policing and the other one is the P.O.P. (Problem Oriented Policing). Mayor McDuffie stated those things have really helped us out in the communities and those people who are engaged
with people who are in the communities
24 05/15/12 are helping the city a great deal as well because they get feedback from the communities and we know where problems exist. There being no further business, Mayor McDuffie
declared the meeting adjourned at 8:16 p.m. __________________________________________ City Clerk ATTEST: ____________________________________ M A Y O R The undersigned is the City Clerk
of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on May 15, 2012, which Minutes were formally approved
and adopted by the City Commission on ________________________. __________________________________________________ City Clerk NOTE TO READER: If the Minutes you have received are not
completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve
some amendments, additions or deletions as set forth above.
City Commission Meeting on May 15, 2012; Item 9.A.
City Commission Meeting on May 15, 2012; Item 9.A.
WHEREAS, Juneteenth is the oldest known celebration commemorating the ending of slavery in the United States; and WHEREAS, the Emancipation Proclamation, an Executive Order of President
Abraham Lincoln, which in substance, ended the practice of slavery in the United States, was made effective as of January 1, 1863; and WHEREAS, the Emancipation Proclamation was difficult
to enforce in Texas due to the small number of Union troops available; and WHEREAS, it was not until June 19, 1865, when Union soldiers, led by Major General Gordon Granger, landed at
Galveston, Texas confirmed the end of the Civil War and enforced the Emancipation Proclamation; and WHEREAS, One-Love One Community Foundation, Inc., a Florida not for profit corporation,
desires to share the history of Juneteenth with the residents of the City of Delray Beach and promote its objectives of education and self-awareness for the African American community;
and WHEREAS, the third annual Juneteenth Festival in the City of Delray Beach shall be held on June 16, 2012, at Old School Square, with an official theme of “Healthy & Free Juneteenth
Celebration”. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the June 19, 2012 as: JUNETEENTH
in Delray Beach, Florida and urge all residents to attend the Juneteenth Festival and to embrace and welcome all that it offers. IN WITNESS WHEREOF, I have hereunto set my hand and caused
the Official Seal of the City of Delray Beach, Florida, to be affixed this 5th day of June, 2012. ________________________________________ NELSON S. McDUFFIE MAYOR
MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: May 25, 2012 SUBJECT:
AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF JUNE 5, 2012 REQUEST FOR SIDEWALK DEFERRAL/1110 WATERWAY LANE ITEM BEFORE COMMISSION The item before the City Commission is approval of
a sidewalk deferral for the property at 1110 Waterway Lane. BACKGROUND The subject property is 0.344acres and contains an existing single family residence. It lies within the North Beach
Overlay District and is located onthe south side of Waterway Lane, west of Andrews Avenue at 1110 Waterway Lane. The property is zoned Single Family Residential (R-1-AAA) and the applicant
proposes to demolish the existing structure and construct a new two-story single family residence with a pool and cabana. The owner wishes to defer construction of a five foot (5’) sidewalk
adjacent to the right-of-way. No other sidewalks exist on the southside of Waterway Lane. At its meeting of April 12, 2012, the Development Services Management Group (DSMG) supported
the sidewalk deferral. Pursuant to the agreement, the owner will construct the sidewalk along Waterway Lane at its sole cost and expense at a later date, after being requested to do
so by the City. The agreement has been reviewed by the City Attorney and has been approved as to form. RECOMMENDATION Move approval of the agreement to defer construction of a sidewalk
along the southside of Waterway Lane for the property located at 1110 Waterway Lane.
MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE:
April 20, 2012 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF JUNE 5, 2012 SERVICE AUTHORIZATION NO. 12-02 /MATHEWS CONSULTING INC./N.E.1ST AVENUE IMPROVEMENTS ITEM BEFORE
COMMISSION Request for Commission approval and authorization for the Mayor to execute service authorization #12-02 with Mathews Consulting, Inc. for the design of NE 1st Av Improvements,
Project #12-042. The cost of this Service Authorization is $74,956.00. BACKGROUND Streetscape improvements along NE 1st Avenue between NE 1st Street and NE 2nd Street, have occurred
throughout the years. Within the 100 block, some improvements have occurred in conjunction with redevelopment. The CRA provided development incentives for the Hyatt Place hotel in FY
2011-12. This service authorization is for the professional design services for overall infrastructure and beautification improvements along this corridor that include milling and resurfacing
the roadway, onstreet parking, paver brick walkways, decorative street lights, water main upgrade, paver intersection at NE 1st Avenue and NE 1st Street, and landscape nodes. FUNDING
SOURCE Project funding is provided by the CRA and is available in account 334-3162-541.68-84. RECOMMENDATION Staff recommends approval.
MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE:
April 20, 2012 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF JUNE 5, 2012 SERVICE AUTHORIZATION NO. 12-01/C3TS/SWINTON & ATLANTIC INTERSECTION ITEM BEFORE COMMISSION Request
for Commission approval/authorization for the Mayor to execute service authorization #12-01 with Corzo, Castella, Carballo, Thompson, and Salman, Inc. for the Swinton & Atlantic Intersection,
Project #12-051. The cost of this Service Authorization is $39,781.58. BACKGROUND The historic perception of Swinton Avenue in the vicinity of Atlantic Avenue has been that it acts as
a barrier between the vibrant, pedestrian-friendly neighborhood to the east and the commercial neighborhood to the west where commercial properties and additional public parking is available.
The City desires a seamless connection between the west and east side of Swinton Avenue. They also want to improve the intersection Currently, the portion of Atlantic Avenue that is
situated west of the Swinton Avenue western R/W line is under the jurisdiction of the Florida Department of Transportation while all other streets and roadways are maintained by the
City of Delray Beach, The purpose of the project is the development of transportation improvement alternatives that contribute to the following (1) increased pedestrian safety in and
around the intersection, and (2) complete the beautification of Atlantic Avenue between SW/NW 1st Avenue and Swinton Avenue. The general objective of this service authorization is to
produce a study that assesses existing conditions at the intersection of Atlantic Avenue and Swinton Avenue and North Swinton Avenue from Atlantic Avenue north to NW/NE 1st Street. The
study shall include an evaluation of physical and operational conditions as well as a safety assessment of the project area intersection and near vicinity. The study shall provide alternative
improvements to the City for consideration in upgrading the intersection and N Swinton Avenue for both vehicular and pedestrian traffic flow. Field data acquisition shall be utilized
in conjunction with existing data, and historical documents to form the basis of the evaluation. Recommendations for improvements shall be based on alternatives that can most preserve
the area aesthetics and ambiance, maintain traffic flow (without adding through lanes), improve operating
characteristics, site specific improvement to sight distance, increase pedestrian mobility, and create general safety modifications for further programming into the City’s Work Program.
FUNDING SOURCE Project funding is provided by the CRA and is available from account 334-3162-541.68-86. RECOMMENDATION Staff recommends approval.
CONSULTING SERVICE AUTHORIZATION DATE: April 26, 2012 CONSULTANT: Corzo Castella Carballo Thompson Salman, P.A. SERVICE AUTHORIZATION NO. __________________ FOR CONSULTING SERVICES CITY
P.O. NO. __________________ CITY EXPENSE CODE ________________________ CITY PROJECT NO. 12-051_________ CONSULTANT PROJECT NO._________________ TITLE: Atlantic Avenue and Swinton Avenue
Intersection Improvement Study This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the “Agreement for General Consulting Engineering
Services” Contract. I. PROJECT DESCRIPTION According to the City of Delray Beach, Swinton Avenue in the vicinity of Atlantic Avenue acts as a barrier between the vibrant, pedestrian-friendly
neighborhood to the east and the commercial neighborhood to the west where commercial properties and additional public parking is available. The City desires a seamless connection between
the west and east side of Swinton Avenue. They also want to improve the intersection. Currently, the portion of Atlantic Avenue that is situated west of the Swinton Avenue western R/W
line is under the jurisdiction of the Florida Department of Transportation while all other streets and roadways are maintained by the City of Delray Beach, The purpose of the project
is the development of transportation improvement alternatives that contribute to (1) increased pedestrian safety in and around the intersection, and (2) complete the beautification of
Atlantic Avenue between SW/NW 1st Avenue and Swinton Avenue. The general objective of this service authorization is to produce a study that assesses existing conditions at the intersection
of Atlantic Avenue and Swinton Avenue and North Swinton Avenue from Atlantic Avenue north to NW/NE 1st Street. The study shall include an evaluation of physical and operational conditions
as well as a safety assessment of the project area and vicinity. The study shall provide alternative improvements to the City for consideration in upgrading the intersection and North
Swinton Avenue for both vehicular and pedestrian traffic flow. Field data acquisition shall be utilized in conjunction with existing data, and historical documents to form the basis
of the evaluation. Recommendations for improvements shall be based on alternatives that can most preserve the area aesthetics and ambiance, maintain traffic flow (without adding through
lanes), improve operating characteristics, site specific improvement to sight distance, increase pedestrian mobility, and create general safety modifications for further programming
into the City’s Work Program.
II. SCOPE OF SERVICES Phase I – Study and Report Phase Specifically, the City wants us to incorporate several items into the alternatives presented in the study. These include the following:
1. Remove WB right turn lane on West Atlantic Avenue between Swinton Avenue and NW 1st Avenue and convert the space into parallel parking and/or additional sidewalk width to accommodate
pedestrian movement with aesthetic improvements. 2. Remove the SB right turn lane on Swinton Avenue north of Atlantic Avenue and convert the space into parallel parking and/or wider
sidewalk to accommodate pedestrian movement with aesthetic improvements. 3. Create a mid block cross walk on Swinton Avenue between Atlantic Avenue and NE/NW 1st Street. 4. Explore a
roundabout alternative at the intersection of Swinton Avenue and Atlantic Avenue with option to create a similar (but smaller) roundabout on Atlantic Avenue at NE/SE 2nd Avenue. All
of these elements shall be included, as a minimum, in the study as directed with recommendations as to their suitability, permitability and potential cost of construction. The following
tasks comprise the services that the CONSULTANT shall employ to accomplish the purpose for this service authorization. 1.0 Task 1 – Data Collection The purpose of this task is to obtain
the data needed to successfully complete the project objectives. Subtasks 1.1 City staff will provide the following data available: • Recent available peak period turning movement counts
for the following intersections: • Atlantic Avenue and Swinton Avenue • West Atlantic Avenue and SW 2nd Avenue • East Atlantic Avenue and NE/SE 2nd Avenue • North Swinton and NE/NW 1st
Street • South Swinton Avenue and SE/SW 1st Street • Pedestrian counts conducted at the above intersections. • Recent as-built drawings for affected segments of Atlantic Ave. and Swinton
Ave. • Existing survey, physical infrastructure, and property data (e.g., right of way) in GIS or GAD format. • Scaled aerial photography of the study area.
• Five years of crash data for study area roadway segments. • Design year traffic and pedestrian volumes for the study roadway segments and intersections. • Other relevant, transportation-related
studies that have been conducted in the study area. 1.2 Corzo Castella Carballo Thompson Salman (C3TS) will obtain the following data from the Florida Department of Transportation (FDOT):
• Average annual daily traffic volumes on Atlantic Avenue and Swinton Avenue 1.3 C3TS will obtain the following data from Palm Beach County: • Traffic signal timing plans for Atlantic
Avenue/Swinton Avenue, North Swinton Avenue/NW/NE 1st Street and South Swinton/SW/SE 1st Street. 1.4 C3TS will obtain new peak period turning movement counts for the Atlantic Avenue/Swinton
Avenue intersection if not provided in Task 1.1. C3TS will develop design year traffic volumes if not provided in Task 1.1. 1.5 C3TS will review previous transportation-related studies
in the study area, including the Delray Beach Gateway Roundabout Emission Reduction Analysis completed in 1999. 1.6 C3TS will review available crash data to identify crash trends and
opportunities to improve safety. 1.7 C3TS will conduct an internal team kick-off meeting as part of the initial data and information review. The session will also be used as part of
preventions for a formal kick-off meeting with the City. 1.8 C3TS will visit the study area during peak and non-peak hours as well as on weekdays and weekends to observe transportation
flows (i.e., automobile, pedestrian, bicycle, truck, and bust flows) and inventory transportation infrastructure (e.g., lane widths, bus stop locations, and traffic signal operations).
1.9 C3TS will meet with City staff in Delray Beach to kick off the project. The agenda for this meeting will include discussion of key issues, desired outcomes, project history, and
initial project team observations. Phase II – Preliminary Design Phase – N/A Phase III – Final Design Phase – N/A Phase IV – Bidding/Negotiating Phase – N/A Phase V – Construction Administration
– N/A Other – Permitting – N/A Other – Surveying – N/A Other – Geotechnical – N/A Other – Field Verification – N/A II. TIME OF PERFORMANCE Services to be completed within twelve (12)
weeks from official Notice to Proceed
IV. COMPENSATION Engineering Services Estimated Fees Phase I – Study and Report Phase $ 38,781.58 Phase II – Preliminary Design Phase $ 0.00 Phase III – Final Design Phase $ 0.00 Phase
IV – Bidding/Negotiating Phase $ 0.00 Phase V – Construction Administration $ 0.00 Other – Permitting $ 0.00 Other – Surveying $ 0.00 Other – Geotechnical $ 0.00 Other – Field Verification
$ 0.00 Out-of-Pocket Expenses $ 1,000.00 Total Project Cost $ 39,781.58 Notes: Out -of-Pocket Expenses include the following: printing/reproduction/postage. This service authorization
is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization.
If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any
further liability. The CONSULTANT may commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved
by: CITY OF DELRAY BEACH: CONSULTANT: Date ______________________ Date ___________________________ By:____________________ Mayor (Seal) ________________________ Witness (Signature) __________________
______ Witness (Printed) Attest: ________________________ Approved as to Legal Sufficiency ___________________________ City Attorney
BEFORE ME, the foregoing instrument, this _____ day of __________________, 201___, was acknowledged by _______________________ on behalf of the Corporation __________________________________,
and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this ______ day of __________________,
201___. ________________________________ Notary Public State of Florida My Commission Expires:
Corzo Castella Carballo Thompson Salman, P.A. Engineers -Architects -Planners Project No.: 12-051 21301 Powerline Road, Suite 311 Name: Atlantic Avenue and Swintom Avenue Improvements
Boca Raton, Florida 33433 Client: City of Riveria Beach, Florida (561) 487-3379 (Phone) -(561) 487-3466 (Fax) Date 3/21/2012 Principal Sr. Proj. Project Staff in Charge Engineer Engr
PE Engr EI Technician Clerical TOTAL Individual Manhours Manhours Manhours Manhours Manhours Manhours Hours Cost For Task $191.26 $161.23 $124.38 $80.13 $80.34 $68.38 Activity Total
Task 1.00 Data Collection TNG ED DG MA AR DS $ 12,057.51 1.1.1 Meet with FDOT 4 4 8 $ 9 65.44 Meet with City 4 4 4 12 $ 1 ,730.48 4 4 4 4 16 $ 2 ,228.00 1.1.2 3 3 6 $ 7 24.08 1.1.3 Develop
Design Year Traffic Forecasts 2 3 5 $ 5 62.85 1.1.4 2 4 4 4 14 $ 1 ,845.48 1 2 3 $ 4 40.02 4 4 8 $ 9 65.44 1.1.8 6 6 6 18 $ 2 ,595.72 17 31 10 32 0 0 90 $ 12,057.51 Task 2.00 Develop
Alternatives $15,304.43 2.1.1 2 8 2 8 20 $ 2 ,562.16 2.1.2 8 8 8 24 48 $ 5 ,389.12 2.1.3 Conduct Operational Analysis 1 8 9 $ 1 ,186.30 2.1.4 8 8 8 4 28 $ 2 ,847.12 2.1.5 2 8 8 4 22
$ 1 ,879.74 2.1.6 5 3 8 $ 1 ,439.99 16 29 10 32 40 8 135 $15 304 43 SUBTOTALS Cost Estimates In House Coordination Meeting Review Previous Studies Current As Builts Review Existing Data
QA/QC Develop Matrix Analysis Evaluate Task 1 Data Develop Alternatives SUBTOTALS MANHOUR ESTIMATES Page 1 Meetings Obtain Historical Data Field Visits and Data Acquisition Data Review
Review Crash Data 15,304.43 Task 3.00 Documentation $ 8,620.42 3.1.1 Develop Draft Report and Graphic Exhibits 2 4 4 24 8 42 $ 4 ,000.16 3.1.2 Meeting with City to Discuss Alternatives
4 4 8 $ 1 ,262.56 3.1.3 Finzalize Report 2 4 4 4 14 $ 1 ,798.48 3.1.4 Develop PowerPoint Presentation 2 4 8 4 18 $ 1 ,559.22 8 10 12 4 32 16 0 $8,620.42 Task 4.00 Stakeholder Outreach
$ 2,799.22 4.1.1 Stakeholder Meetings /Presentations 4 6 6 4 20 $ 2 ,799.22 SUBTOTALS 12 18 18 12 40 20 0 $ 2,799.22 41 70 32 68 72 24 0 LABOR COST, TOTAL $38,781.58 $ 38,781.58 REIMBURSABLES
(Plans, Reports, Etc.) $ 1,000.00 TOTAL PROPOSED COMPENSATION Part 1 $ 39,781.58 Hourly Totals SUBTOTALS
MEMORANDUM TO: Mayor and City Commissioners FROM: Rafael Ballestero, Deputy Director of Construction Richard C. Hasko, P.E., Director of Environmental Services THROUGH: David T. Harden,
City Manager DATE: May 14, 2012 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF JUNE 5, 2012 CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/INTERCOUNTY ENGINEERING, INC./LOWSON BOULEVARD
FORCE MAIN ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of ($56,497.50) and a final payment
amount of $11,448.88 to Intercounty Engineering, Inc. for completion of the Lowson Blvd FM Project #11-040. BACKGROUND On September 20, 2011, Commission approved a Contract Award to
Intercounty Engineering, Inc. for the replacement of the Lowson Blvd. Force Main along the south side of Lowson Blvd, from just west of Homewood Blvd to Congress Ave on the east. The
scope of work consisted of replacing approximately 1,700 feet of pipe, with associated clearing and grubbing, dewatering, by-pass pumping, maintenance of traffic, service connections,
and restoration work. Change Order No. 1 includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized
on the attached Schedule “A”. The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #677724 to
funding account 442-5178-536-68.74 (Water Sewer Renewal & Replacement Fund/Improvements Other/Lowson Blvd. FM). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change
Order No. 1/Final) in the net deduct amount of ($56,497.50) and final payment amount of $11,448.88 to Intercounty Engineering, Inc. for completion of the Lowson Blvd FM Project.
MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Rafael Ballestero, Deputy Director of Construction Richard C. Hasko, P.E., Director of Environmental
Services THROUGH: David T. Harden, City Manager DATE: May 18, 2012 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF JUNE 5, 2012 CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/RANDOLPH
& DEWDNEY CONSTRUCTION, INC./POMPEY CONCESSION STAND ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (CO No. 2/Final) in the net deduct amount
of ($5,351.03) and a final payment amount of $25,013.70 to Randolph & Dewdney Construction, Inc. for completion of the Pompey Concession Stand Project #10-128. BACKGROUND On October
18, 2011 Commission approved a contract award, in the amount of $456,710.00, to Randolph & Dewdney Construction, Inc. for renovations to the Pompey Concession Stand. On January 17, 2012
Commission approved Change Order No. 1 for a contract time extension of twenty (20) days required to perform additional scope, in the amount of $19,426.50, for the reconstruction of
the 2nd floor of the concession stand building. The existing wood structure, damaged by water over an extended period of time, was deemed unsalvageable by the structural engineer. Prior
expenditures from this general allowance total $5,033.50, and were approved by the City Manager in accordance with city purchasing procedures. Change Order No. 2 includes plus and minus
quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule “A”. The project is complete and all closeout
documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #679165 to funding account 334-4127-572-62.10 (General Construction Fund/Parks & Recreation/Buildin
gs). RECOMMENDATION Staff recommends approval of a Contract Closeout (CO #2/Final) in the net deduct amount of ($5,351.03) and a final payment amount of $25,013.70 to Randolph & Dewdney
Construction, Inc. for completion of the Pompey Concession Stand Project.
MEMORANDUM TO: Mayor and City Commissioners FROM: Rafael Ballestero, Deputy Director of Construction Richard C. Hasko, P.E., Director of Environmental Services THROUGH: David T. Harden,
City Manager DATE: May 17, 2012 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF JUNE 5, 2012 CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/INTERCOUNTY ENGINEERING, INC./RECLAIMED WATER
EXPANSION AREA 11B ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 2/Final) in the net deduct amount of (-$220,982.75) and
a final payment amount of $36,947.56 to Intercounty Engineering, Inc. for completion of the Reclaimed Water Expansion Area 11B Project #2010-074. BACKGROUND On March 1, 2011, Commission
approved a Bid Award to Intercounty Engineering, Inc. in the amount of $1,408,505.93 for the Area 11B Reclaimed Water System Project. The scope of work involved continuing construction
of the reclaimed transmission and distribution system on the barrier island, from Beach Drive north to George Bush Blvd and on several streets between Atlantic Avenue and Lowry Street.
The project included installation of 10”, 6” and 4” PVC pipe throughout the residential neighborhoods. On December 6, 2011, Commission approved a Contract Addition (CO #1) for a water
main replacement on Island Drive and swale improvements. The cost of the water main replacement was $39,989.42. The swale improvement scope included three (3) areas within the Area 11B
project limits. These areas had ponding in the roadway, and the swale work was to improve the drainage in these locations. The cost for the swale work was $4,072.99. Change Order No.
2 includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. Highlights of unused contract amounts include: Undefined Underground allowance
$ 100,000 Early Completion Bonus $ 30,000 Reduced force main abandonment $ 22,415 Less service connections installed $ 19,900 Less micro resurfacing $ 10,450
All changes for the project are itemized on the attached Schedule “A”. The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated
from Purchase Order #673863 to funding accounts 441-5181-536-65.96 (Water/Sewer; Reclaimed Water) $141,291.39 442-5178-536-63.90 (Water/Sewer R&R; Other Improvements) $76,661.65 448-5461-538-63.90
(Storm Water Utility Fund/Other Improvements) $ 3,029.71 RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 2/Final) in the net deduct amount of (-$220,982.75)
and a final payment amount of $36,947.56 to Intercounty Engineering, Inc. for completion of the Reclaimed Water Expansion Area 11B Project.
MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: R. Brian Shutt, City Attorney DATE: May 30, 2012 SUBJECT: AGENDA ITEM 8.G. -REGULAR
COMMISSION MEETING OF JUNE 5, 2012 INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM BEACH COUNTY ITEM BEFORE COMMISSION Interlocal Agreement between the City of Delray Beach and the School
Board of Palm Beach County for the Mutual Use of Recreational Facilities. BACKGROUND The purpose of the attached Interlocal Agreement between the City and the School Board is to enable
the City and the Board to utilize each other's recreational facilities. RECOMMENDATION The City Attorney's Office recommends approval.
INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY FOR THE MUTUAL USE OF RECREATIONAL FACILITIES THIS INTERLOCAL AGREEMENT is made this ____
day of __________, 2012, between the CITY OF DELRAY BEACH, a municipal corporation of the State of Florida ("City"), and the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body
politic pursuant to the Constitution of the State of Florida (“Board”), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH: WHEREAS,
Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them
to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors
influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as defined therein, to enter into interlocal
agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the City
and Board recognize the benefits to be derived by utilizing each other’s facilities thereby minimizing the duplication of facilities; and WHEREAS, the City and Board desire the ability
to use the facilities of the other; and WHEREAS, the parties recognize that Atlantic High School and Carver Middle School specially benefit from the use of the facilities at the City-owned
Robert P. Miller Park and the Delray Beach Community Center; and WHEREAS, the parties recognize that the City specially benefits from the use of the facilities at Atlantic High School,
Village Academy, and Banyan Creek Elementary.
2 NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: 1. Recitals: The foregoing recitals
are true and correct and are hereby incorporated herein by reference. 2. Purpose: The purpose of this Agreement is to enable the Board and City to utilize each other’s recreational facilities
and provide a procedure for authorizing the use of the Board’s recreational facilities by City-affiliated recreation groups and organizations that have been approved by the parties.
3. Definitions: A. “Board Facilities” and “Board Facility” mean facilities owned or operated by the Board that are made available for public use by the Board and are used primarily for
recreational activities, excluding facilities that are leased, licensed or under the contractual control of others. The terms “Board Facilities” and “Board Facility” shall include gymnasiums;
playgrounds; tennis, racquetball, and basketball courts; athletic fields; and tracks. The defined term “Board Facilities” does not include the Hilltopper Stadium, which is addressed
by a separate lease agreement between the parties entitled Lease Agreement for the Use of School Facilities Between the City of Delray Beach and the School Board of Palm Beach County
dated April 10, 2009 and the Amendment No. 1 to the Lease Agreement dated August 5, 2011. B. “City Facilities” and “City Facility” mean facilities owned or operated by the City that
are made available for public use by the City and are used primarily for recreational activities, excluding facilities that are leased, licensed or under the contractual control of others.
The terms “City Facilities” and “City Facility” shall include, parks; wrestling rooms; gymnasiums; pavilions; community centers; aquatic facilities; playgrounds; tennis, racquetball
and basketball courts; and athletic fields. The defined term “City Facilities” does not include the Seacrest Soccer Complex, which is addressed by a separate use agreement between the
parties entitled Interlocal Agreement Between the School Board of Palm Beach County and the City of Delray Beach for the Purchase and Construction of a Soccer Complex and Joint Use of
Land and Facilities dated July 26, 2006 and Amendment No. 4 to the Interlocal Agreement dated August 5,
3 2011.. C. “Director of Parks and Recreation” means the City’s Director of Parks and Recreation, or his/her designee. D. “Facility” or “Facilities” means the “Board Facilities”, the
Banyan Creek Facilities, and the “City Facilities” and Robert P. Miller Park. E. “Banyan Creek Elementary” means four (4) classrooms as mutually agreed by the City’s Fire Chief and the
Banyan Creek Principal at Banyan Creek Elementary. F. “Priority of Use” means the priority of uses when there are conflicting requests for the use of a Facility. For Board Facilities,
the Priority of Use shall be as follows: 1. Board activities and programs or Board Facility lease agreements; and 2. County activities and programs pursuant to the Interlocal Agreement
entered into by the Board and Palm Beach County dated December 2, 2008. Should such a requested use in this category result in displacing a preexisting City activity or program, such
displacement shall be resolved by the Chief of Support Operations on behalf of the Board and the City Manager, or his or her designee, on behalf of the City. The Board shall use its
best efforts to find an alternative appropriate Board Facility for the affected activity or program. 3. City or City Recognized Sports Provider activities and programs pursuant to this
Agreement. For City Facilities, the Priority of Use shall be as follows: 1. City or City recognized Sports Provider activities and programs or City facility rental agreements; and 2.
Board activities and programs pursuant to this Agreement. I. “Recognized Sports Provider” means an organized recreation group or organization identified in the attached Exhibit “C”,
which may be amended or supplemented from time to time upon the mutual agreement of the Board’s Chief of Support Operations and the City Administrator, without formal amendment hereto.
4 4. Use of Facilities by the Parties: A. The Board agrees to make the Board Facilities available for use by the City according to the Priority of Use at no cost or expense to the City
except as otherwise provided for in this Agreement. The City’s use of the Board Facilities shall be subject to and in accordance with: (i) the terms and conditions of this Agreement,
including but not limited to Exhibit “B” which may be amended or supplemented from time to time upon the mutual agreement of the Board’s Chief of Support Operations and the City Manager,
or his/her designee, without formal amendment hereto; (ii) the Board’s rules, regulations and policies governing the use of the Board Facilities; (iii) any grant or bond obligations
pertaining to the use of any of the Board Facilities; and (iv) all applicable local, state and federal laws. B. In addition to making the Board Facilities available as set forth in Paragraph
4.A. above, the Board agrees to make the Board Facilities at Atlantic High School and Village Academy available for use by the City according to the Priority of Use at no cost or expense
to the City except as otherwise provided for in this Agreement. The City’s use of the Board Facilities at Atlantic High School and Village Academy Facilities shall be subject to and
in accordance with: (i) the terms and conditions of this Agreement; (ii) the Board’s rules, regulations and policies governing the use of the Atlantic High School and Village Academy
Facilities; (iii) any grant or bond obligations pertaining to the use of any of the Atlantic High School and Village Academy Facilities; and (iv) all applicable local, state and federal
laws. 1. The Board Facilities at Atlantic High School shall be available as follows: a. For the purpose of a youth summer basketball program sponsored and operated by the City that runs
for approximately five (5) weeks in the summer from approximately June through mid-July. The Atlantic High School gymnasium shall be open from 7:30am until 5:30pm, Monday through Thursday.
The Atlantic High School gymnasium may, at the request of the City, be open from 7:30 am until 5:30 pm on Fridays during the
5 summer; however the City shall be responsible for the costs set forth below in Paragraph 4.D. b. For the purpose of a youth track and field program sponsored and operated by the City
that runs for approximately twelve (12) weeks during the school year from approximately March through May. The Atlantic High School track and field shall be open from 6:00 p.m. until
7:30 p.m., Tuesday and Thursday. 2. The Board Facilities at Village Academy shall be available as follows: a. For the purpose of a youth basketball program sponsored and operated by
the City that runs for approximately twelve (12) weeks during the school year from approximately January through March. The Village Academy gymnasium shall be open from 6:00 p.m. until
9:00 p.m., Monday, Tuesday, and Wednesday and from 8:00 a.m. until 4:00 p.m. on Saturday. 3. The Banyan Creek Elementary Facilities shall be available as follows: a. For the purpose
of a Fire Department training program sponsored and operated by the City that runs for approximately one (1) day during the summer on June 26, 2012. The four (4) classrooms at Banyan
Creek shall be open from 9:00 a.m. until 4:00 p.m. Staff costs and the other costs, including utilities, shall be calculated consistent with Board Policy 7.18 as mutually agreed by the
Board’s Chief of Support Operations and the City Manager. The Banyan Creek Elementary Facilities shall not, except as specifically set forth in this Paragraph 4.B., be available to the
City or the City’s Recognized Sports Providers under the other terms of this Agreement. In the event that the City desires to operate youth programs using a facility at another Board-operated
school site, the specific facility at that school may be added to this Agreement by mutual
6 agreement of the Board’s Chief of Support Operations and the City Manager, without formal amendment hereto, provided the use of the alternative or additional Board facilities is cost-neutral
to the Board. C. The City agrees to make available the City Facilities for use by the Board according to the Priority of Use at no cost or expense to the Board, except as otherwise provided
for in this Agreement. The Board’s use of the City Facilities shall be subject to and in accordance with: (i) the terms and conditions of this Agreement; (ii) the City’s rules, regulations
and policies governing the use of the City Facilities; (iii) any grant or bond obligations pertaining to the use of any of the City Facilities; and (iv) all applicable local, state and
federal laws. D. The City and Board shall be responsible for paying the actual charges for necessary Facility staff and utilities if all or a portion of the Facility is scheduled to
be closed or not normally staffed during the proposed use. E. The City shall submit all requests for use of the Board Facilities and Banyan Creek Elementary Facilities in writing on
the form attached hereto as Exhibit “A” to the Principal responsible for the management of the respective Facility or his or her designee no less than thirty (30) days prior to the date
that the City desires to use the Facility. The Board shall be responsible for ensuring that a written response to the request is provided to the City within fifteen (15) days of the
date of the request. In the event a request is denied, the reason for denial shall be stated in the written response. The Board reserves the right to deny use of the Facility if that
particular Facility has been selected to remain closed during the summer. F. The Board shall submit all requests for use of the City Facilities in writing on the form attached hereto
as Exhibit “A” to the Director of Parks and Recreation, no less than thirty (30) days prior to the date that the Board desires to use the City Facility. The City shall be responsible
for ensuring that a written response to the request is provided to the Board within fifteen (15) days of the date of the request. In the event a request is denied, the reason for denial
shall be stated in the written response. G. Notwithstanding the requirements set forth in Paragraphs 4.E. and
7 4.F. above, in the event that a need to use a Facility arises less than thirty (30) days prior to the date the City or Board Facility is needed, the City or Board, as applicable, will
use reasonable efforts to expedite the review of and accommodate such request to the extent practicable under the circumstances. H. The Board and City acknowledge the waiver of sovereign
immunity for liability in tort contained in Florida Statutes Section 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledge that such statute permits actions
at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts
or omissions of an employee acting within the scope of the employee's office or employment. The Board and City agree to be responsible for all such claims and damages, to the extent
and limits provided in Florida Statutes Section 768.28, arising from the actions of their respective employees. The parties acknowledge that the foregoing shall not constitute an agreement
by either party to indemnify the other, nor a waiver of sovereign immunity, nor a waiver of any defense the parties may have under such statute, nor as consent to be sued by third parties.
I. Without waiving the right to sovereign immunity, the parties acknowledge that they are self-insured for commercial general liability and automobile liability in the amounts specified
in Florida Statutes Section 768.28, as may be amended from time to time. In the event either party maintains third-party commercial general liability or business automobile liability
insurance in lieu of exclusive reliance on selfinsurance, the party maintaining the third-party insurance shall maintain limits of not less than Five Hundred Thousand Dollars ($500,000)
combined single limit for bodily injury or property damage and shall add the other party as an additional insured to the commercial general liability policy, but only with respect to
negligence arising out of this Agreement that is not a result of the other party’s negligence. The additional insured endorsement for the City shall read “the City of Delray Beach, its
Officers, Employees, and Agents”. The additional insured endorsement for the Board shall read “The School Board of Palm Beach County, Florida, its Officers, Employees, and Agents”. The
parties agree additional insured endorsements shall provide coverage on a primary
8 basis. Claims-bill tailored coverage shall not be considered third-party liability coverage for purposes of this Agreement. The parties agree to maintain or to be self-insured for
worker’s compensation and employer’s liability insurance in accordance with Chapter 440, Florida Statutes, as may be amended from time to time. Each party agrees to provide the other
party with an affidavit or certificate of insurance evidencing insurance, self-insurance, and/or sovereign immunity status, which the parties agree to recognize as acceptable for the
above-referenced coverages. Compliance with the requirements of this paragraph shall not relieve the parties of their liability and obligations under this Agreement. J. Each party agrees
to provide adequate supervision of its own activities to prevent bodily harm to the users and damage to the Facilities, taking into consideration the types of activities planned, when
using the other’s Facilities. When aquatic facilities will be included in the Facilities to be utilized, the party using the Facility shall pay for lifeguards to staff the Facility.
K. In the event the Facilities are damaged, the party using the Facilities of the other party shall promptly notify the other party in writing of the damage and shall reimburse the other
party for the actual costs to repair the damage. Reimbursement shall be made within sixty (60) days of a written request for reimbursement of costs. L. The Facilities shall be surrendered
by the party using the Facilities of the other party in the same condition as they were accepted and shall cause all waste, garbage, and rubbish resulting from such party’s use of the
Facilities to be deposited into designated receptacles and dumpsters. M. The Board acknowledges and agrees that the City may charge a fee for: 1. City staff at the Aquatic Center; 2.
City staff when Facilities are closed; 3. City staff for preparation of athletic Facilities for Board use, if field preparation is requested by the Board; and 4. Staff and utilities
in accordance with Paragraph4.D. of this
9 Agreement. N. The City acknowledges and agrees that the Board may charge a fee for: 1. Board staff when Facilities are closed; 2. Board staff for preparation of athletic Facilities
for City use, if field preparation is requested by the City; and 3. Staff and utilities in accordance with Paragraph4.D. of this Agreement. 5. Use of Board Facilities by City Recognized
Sports Providers: A. The Board agrees to make the Board Facilities available for use by the City Recognized Sports Providers to the City Recognized Sports Providers according to the
Priority of Use, except as otherwise provided for in this Agreement. The City Recognized Sports Provider shall be responsible for payment of any fees set forth in Paragraph 4.N above
directly to the Board. Use of the Board Facilities by the City Recognized Sports Providers shall depend on availability and shall be subject to and in accordance with: (i) the terms
and conditions of this Agreement including but not limited to Exhibit “B”; (ii) the Board’s rules, regulations and policies governing the use of Board Facilities; (iii) any bond or grant
obligations pertaining to the use of the Board Facilities; and (iv) all applicable local, state and federal laws. B. Prior to being granted access to any of the Board Facilities, each
City Recognized Sports Provider shall be required to obtain a Facility Use Permit from the City. The Facility Use Permit shall, at a minimum, require the City Recognized Sports Provider
to: 1. Provide proof of insurance for such coverages and amounts as may be required by the Board’s Director of Employee Benefits and Risk Management when Board Facilities are to be utilized
and name the Board as an additional insured; 2. Protect, defend, reimburse indemnify and hold the Board, its agents, employees and elected officers harmless from and against all claims,
liability, expenses, costs, damages and causes of action of every kind or
10 character, including attorney’s fees and costs, whether at trial or appellate levels or otherwise, arising from or in any way connected to the City’s Recognized Sports Provider’s
use of the Board Facilities; 3. Provide adequate supervision of its own activities to prevent bodily harm to the users or damage to the Board Facilities, taking into consideration the
types of activities planned; 4. Return the Board Facilities in the same condition as they were accepted and to remove all waste, garbage and rubbish resulting from the City Recognized
Sports Provider’s use of the Board Facilities; 5. Notify the Board of any damage to the Board Facilities resulting from the City Recognized Sports Provider’s use of the Board Facilities
and reimburse the Board for the actual costs to repair the damage. 6. Provide proof of current approved background checks for all staff and volunteers if the Recognized Sports Provider
will be working with youth programs. C. The Facility Use Permit issued by the City shall also indicate that the Facility Use Permit may be revoked or suspended by the City and the Board
may deny access to the Board Facilities for failure to comply with the terms and conditions of the Facility Use Permit. D. The City Recognized Sports Providers shall be required to submit
all requests for use of the Board Facilities in writing in the form attached hereto as Exhibit “B” to the Director of Parks and Recreation no less than forty five (45) days prior to
the date the City Recognized Sports Provider desires to use the Board Facility. The Director of Parks and Recreation shall coordinate scheduling of the use of the Board Facility with
the Principal responsible for the management of the Board Facility or his or her designee. The Board shall be responsible for ensuring that a written response to the request is provided
to the Director of Parks and Recreation within fifteen (15) days of the date of the Director of Parks and Recreation’s request. In the event a request is denied, the reason for denial
shall be stated in the written response. E. Notwithstanding any provision of this Agreement to the contrary,
11 neither party shall be obligated to make their Facilities available for use by the other for tournaments or any events where admission or concession fees or charges will be collected
or imposed. 6. Maintenance/Repair of Facilities: The parties acknowledge and agree that either party may deny a request for use of a Facility to perform maintenance or repairs to the
Facility. 7. Notification of Responsibilities under Agreement: The Board agrees to notify the Board’s Principals of the terms and conditions of this Agreement and the Board’s commitment
to make the Board Facilities available to the City and City Recognized Sports Providers in accordance with the Priority of Use. 8. Dispute Resolution: In the event an issue arises which
cannot be resolved between the Board’s Principal and the Director of Parks and Recreation regarding the use or availability of a Facility, the dispute shall be referred to the Board’s
Chief of Support Operations and the City Manager, or his/her designee, who shall both make a good faith effort to resolve the dispute. 9. Acceptance of Facilities: Neither party shall
be required to make any improvements or repairs to the Facilities as a condition of use of the Facilities by the other party or City Recognized Sports Providers. The parties and City
Recognized Sports Providers shall accept the Facilities in their “As is”, “Where is” condition. The parties acknowledge and agree that neither party has made any warranties or representations
to the other party regarding the Facilities, including, but not limited to, any representations or warranties regarding the suitability of the Facilities for use by the other party or
City Recognized Sports Providers. 10. License: Notwithstanding any provision of this Agreement to the contrary, the use the Facilities by either of the parties or the City Recognized
Sports Providers shall only amount to a license to use the Facilities on a non-exclusive basis, which license shall be revocable by the party licensing the use for cause. The parties
agree that nothing in this Agreement shall be construed as granting either party or the City Recognized Sports Providers any title, interest, or estate in the Facilities.
12 11. Default: The parties agree that, in the event either party is in default of its obligations under this Agreement, the non-defaulting party shall provide to the defaulting party
thirty (30) days written notice to cure the default. In the event the defaulting party fails to cure the default within the thirty (30) day cure period, the non-defaulting party shall
be entitled to seek any remedy available to it at law or equity, including, but not limited to, the right to terminate this Agreement and seek damages, if any. 12. Termination: Notwithstanding
any provision of this Agreement to the contrary, this Agreement may be terminated by either party: (i) without cause upon thirty (30) days prior written notice to the other party or
(ii) with cause upon the expiration of the thirty (30) day cure period provided for in Section 11 above. 13. Annual Appropriation: Each party's performance and obligations under this
Agreement shall be contingent upon an annual budgetary appropriation by its respective governing body for subsequent fiscal years. 14. Notice: All notices required to be given under
this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: IF TO CITY: City Manager 100 NW 1st Avenue Delray Beach, FL 33444 With
copies to: City Attorney 200 NW 1st Avenue Delray Beach, FL 33444 IF TO BOARD: Director of Planning and Real Estate 3300 Forest Hill Boulevard, Suite C-110 West Palm Beach, FL 33406
With copies to: School Board General Counsel P.O. Box 19239 West Palm Beach, Florida 33416
13 15. Governing Law and Venue: This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will
be held in Palm Beach County. 16. Subordination to Bond and Grant Obligations: The parties acknowledge that certain Facilities may be subject to bond covenants and restrictions or grant
obligations and agree that this Agreement shall be subject and subordinate to any such covenants, restrictions, and obligations. Notwithstanding any provision of this Agreement to the
contrary, the parties shall not be obligated to make any Facility available for use by the other party or City Recognized Sports Providers in a manner which either party has determined,
in its sole discretion, would be contrary to any of its bond or grant obligations, including, but not limited to, making any of the Facilities available at no cost when such an action
would be contrary to either party’s bond or grant obligations. 17. Equal Opportunity Provision: The parties agree that no person shall, on the grounds of race, color, sex, national origin,
disability, religion, ancestry, marital status, sexual orientation, gender, gender identity or expression, or genetic information, be excluded from the benefits of, or be subjected to
any form of discrimination under any activity carried out by the performance of this Agreement. 18. Captions: The captions and section designations set forth herein are for convenience
only and shall have no substantive meaning. 19. Severability: In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held by a court of competent
jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 20. Entirety of Agreement: This Agreement
represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. Notwithstanding
the foregoing, this Agreement shall not supersede or replace that certain Interlocal Agreement between the City and Board dated November 17, 2009
14 regarding the use of the Police Training Facility located at 2350 N. Seacrest Blvd., Delray Beach, Florida, which shall remain in full force and effect. 21. Incorporation by Reference:
Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. 22. Amendment: Except as otherwise provided for in this Agreement,
this Agreement may be modified and amended only by written instrument executed by the parties hereto. 23. Waiver: No waiver of any provision of this Agreement shall be effective against
any party hereto unless it is in writing and signed by the party waiving such provision. A written waiver shall only be effective as to the specific instance for which it is obtained
and shall not be deemed a continuing or future waiver. 24. Construction: Neither party shall be considered the author of this Agreement since the parties have participated in extensive
negotiations and drafting and redrafting of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed
to the other party based upon who drafted it. 25. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County pursuant to Section
163.01(11), Florida Statutes. 26. Effective Date/Term: This Agreement shall become effective when signed by the both the parties, and filed with the Clerk of the Circuit Court in and
for Palm Beach County. The term of this Agreement shall be for a period of one (1) year and shall be automatically renewed up to four (4) additional consecutive one (1) year terms, unless
either party provides a written notice of non-renewal to the other party thirty (30) days prior to the expiration of the then current term. [SIGNATURES ON FOLLOWING PAGE]
16 THE CITY OF DELRAYBEACH AND THE SCHOOL DISTRICT OF PALM BEACH COUNTY INTER-LOCAL FACILITY REQUEST FORM _____________________ _______________________ __________________________ Date
Contact Person School Name (if applicable) _____________________ _______________________ ________________________ Phone Number Fax Number Other Contact Number ________________________________________
______________________________________________ Address City State/ZIP FACILITY REQUEST: ___________________________________ ____________________________________ Choice #1 Choice #2 __________________
_________________ __________________________________ Activity Age Group Estimated Attendance: Participants: __________ Spectators: __________ Total: ___________ Mark appropriate day(s)
facility will be needed: Monday Tuesday Wednesday Thursday Friday Saturday Sunday Date(s):________________________________________________________________ Time(s): From: ___________________am/pm
to _______________________am/pm New Request Repeat Request: Date and location of previous use: ____________________________________ Other pertinent information (as necessary): _______________________
____________________________ ______________________________________________________________________________________ __________________________________________ ____________________________
Requesting Principal Date Director of Recreation Services ………………………………………………………………………………………………………………… Approve Disapprove Reason if disapproved:________________________________________________________
_______ _________________________________________ ___________________________ Principal Date Director of Recreation Services EXHIBIT “A” “”
17 Exhibit “B” School Board of Palm Beach County Standard Facility Operating Hours The Board agrees to make the Board Facilities available for use by the City according to the Priority
of Use, at no cost to the City and in accordance with the following maximum operational hours for indoor Board Facilities When School is in session: Weekdays (Monday through Friday):
From the close of the school day until 9:30 pm Saturdays: From 8:00 am to 9:30 pm Sundays: From 8:00 am to 1:00 pm When School is out of session (Summer Break and Spring Break): Weekdays
(Monday through Thursday): From 8:00 am until 9:30 pm Fridays, Saturdays, Sundays: Closed The maximum operational hours may be amended from time to time upon the mutual agreement of
the Board’s Chief of Support Operations and the City Manager, or his or her designee. The maximum operational hours do not apply to outdoor facilities.
18 Exhibit “C” CITY RECOGNIZED SPORTS PROVIDERS Delray Beach National Little League Delray Beach American Little League Delray Beach Athletic Club Miracle League Delray Beach Roots Basketball
MEMORANDUM TO: Mayor and City Commissioners FROM: R. BRIAN SH UTT, CITY ATTO RN EY DATE: May 31, 2012 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF JUNE 5, 2012 HOLD HARMLESS
AGREEMENT/BEOJ, LLC. ITEM BEFORE COMMISSION Approval of a hold harmless agreement to place a canopy in the public right-of-way. BACKGROUND The applicant has requested approval to place
a canopy over the public right-of-way of S.E. Second Avenue. This request is related to the redevelopment of the old VFW building into a new restaurant. The applicant is requesting a
modification of our normal canopy hold harmless agreement. Normally, we provide that the canopy must be removed upon the City’s request for any reason. The proposed language will allow
the applicant to remove the canopy in sections, upon sufficient notice, and to replace the canopy after the work in the ROW is completed. The applicant is making this request based upon
the cost of the canopy and the design of the building. Engineering has reviewed this request and is ok with the proposed agreement. RECOMMENDATION Commission discretion.
MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: May 22, 2012 SUBJECT: AGENDA ITEM 8.I. -REGULAR
COMMISSION MEETING OF JUNE 5, 2012 REVISED WORKFORCE HOUSING COVENANT: SP5 WOOD MIDTOWN DELRAY, LLC ITEM BEFORE COMMISSION City Commission consideration of a revised Workforce Housing
Covenant between the City of Delray Beach and SP5 Wood Midtown Delray, LLC, formerly known as Bamfour, LLC/DKB Realty Investment, Inc./Mathias Development, pursuant to the requirements
under Section 4.7 of the Land Development Regulations (LDR's). BACKGROUND The City Commission approved the Workforce Housing Agreement between the City of Delray Beach and Bamfour, LLC/DKB
Realty Investment, Inc./Mathias Development on January 3, 2012. The revision to this agreement changes the name of the developer to SP5 Wood Midtown Delray, LLC. There are no other changes
to this agreement. RECOMMENDATION Staff is recommending City Commision approval of the revised Workforce Housing Covenant as proposed between the City and SP5 Wood Midtown Delray, LLC.
MEMORANDUM TO: Mayor and City Commissioners FROM: Lisa M. Herrmann, Budget Officer THROUGH: David T. Harden, City Manager DATE: May 24, 2012 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION
MEETING OF JUNE 5, 2012 RESOLUTION NO. 25-12/BUDGET AMENDMENT ITEM BEFORE COMMISSION The Commission is requested to consider Resolution No. 25-12 which amends the FY 2011-12 budget.
BACKGROUND The budget amendment is decreasing the budget by $100,000 each from an FDOT grant and CRA contribution in the general fund for the purchase of trolleys for the Tri Rail Shuttle
Service/Downtown Roundabout. The funds will be added to the general construction fund which is the appropriate fund for this purchase. The Neighborhood Services fund will be increasing
by $342,658 to record the revenue from the sales of three homes and the increased expenses in the Neighborhood Services Program. RECOMMENDATION Recommend approval of Resolution No. 25-12
amending the FY 2011-12 budget.
RESOLUTION NO. 25-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 42-11 ADOPTED SEPTEMBER 20, 2011 AND RESOLUTION NO. 10-12 ADOPTED
FEBRUARY 22, 2012, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2011/2012, BY SETTING FORTH THE
ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2011/2012; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1 of Resolution No. 42-11 adopted by the City Commission of the City of Delray Beach,
Florida, on September 20, 2011 and Section 1 of Resolution No. 10-12 adopted by the City Commission of the City of Delray Beach, FL on February 21, 2012, is hereby repealed, and a new
Section 1 is enacted and amended to read as follows: That the following sums of money, attached hereto and marked Exhibit “A”, are hereby appropriated upon the terms and conditions herein
set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate
appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and
other resources available during the period commencing the 1st day of October, 2011, and ending the 30th day of September, 2012, for which the appropriations are made, are sufficient
to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to
the total amount of revenues estimated by the City Commission to be available in the period commencing the 1st day of October, 2011, and ending the 30th day of September, 2012. Section
3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30th day of September, 2011, except as otherwise
provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year
commencing the 1st day of October, 2011. However, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer
Fund,
RES. 2 NO. 25-12 Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the
fiscal year commencing the 1st day of October, 2011. Section 4. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall
exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained. If such department, bureau, agency or individual shall exceed the
amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed
guilty of neglect of official duty and may be subject to removal therefor. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the
amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated
in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which
they are appropriated, and it shall be the duty of the Budget Officer and/or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies
collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hereby adopted
as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall
apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 9. That public hearings were held on the tax levy and the
budget on September 6, 2011, and September 20, 2011. Section 10. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the
5th day of June, 2012. _________________________________ M A Y O R ATTEST: __________________________________ City Clerk
General Fund DOWNTOWN SPECIAL Amended DEVELOPMENT ENTERPRISE REVENUE FY 11/12 FUND FUNDS FUNDS TOTAL CASH BALANCES BROUGHT FORWARD 1,225,549 4,935,103 350,727 6,511,379 ESTIMATED REVENUES:
TAXES Millages AD VALOREM TAXES 7.1900 42,271,945 0 0 0 42,271,945 AD VALOREM TAXES 0.6133 3,574,055 0 0 0 3,574,055 AD VALOREM-DELINQUENT 500,000 0 0 0 500,000 AD VALOREM -DDA 1.0000
0 477,520 0 0 477,520 Sales & Use Taxes 1,295,000 0 0 0 1,295,000 Utility Taxes 4,980,000 0 0 0 4,980,000 Other Taxes 4,390,000 0 0 0 4,390,000 Franchise, Licenses & Permits 8,451,650
0 800 0 8,452,450 Intergovernmental 6,588,628 0 182,550 2,555,107 9,326,285 Charges for Services 9,814,480 0 43,436,050 0 53,250,530 Fines & Forfeitures 1,024,500 0 0 134,500 1,159,000
Miscellaneous Revenues 5,598,885 35,000 82,650 877,580 6,594,115 Other Financing Sources 3,818,590 0 103,000 1,357,278 5,278,868 TOTAL REVENUES AND OTHER FINANCING SOURCES 92,307,733
512,520 43,805,050 4,924,465 141,549,768 TOTAL ESTIMATED REVENUES AND BALANCES 93,533,282 512,520 48,740,153 5,275,192 148,061,147 EXPENDITURES/EXPENSES: General Government Services
8,876,469 0 0 301,150 9,177,619 Public Safety 51,934,477 0 0 662,769 52,597,246 Physical Environment 565,703 0 31,454,683 0 32,020,386 Transportation 3,020,110 0 0 68,580 3,088,690 Economic
Environment 6,515,639 509,232 0 2,645,998 9,670,869 Human Services 59,750 0 0 0 59,750 Culture & Recreation 14,032,310 0 3,578,300 899,150 18,509,760 Debt Service 5,644,910 0 6,838,840
0 12,483,750 Other Financing Uses 2,835,470 0 6,120,650 0 8,956,120 TOTAL EXPENDITURES/EXPENSES 93,484,838 509,232 47,992,473 4,577,647 146,564,190 Reserves 48,444 3,288 747,680 697,545
1,496,957 TOTAL EXPENDITURES AND RESERVES 93,533,282 512,520 48,740,153 5,275,192 148,061,147 Exhibit A Budget Summary As Amended
MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: May 29, 2012 SUBJECT: AGENDA ITEM
8.K. -REGULAR COMMISSION MEETING OF JUNE 5, 2012 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable
actions which were taken by various Boards during the period of May 14, 2012 through June 1, 2012. BACKGROUND This is the method of informing the City Commission of the land use actions,
taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section
2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission
may file an appeal. To do so: · The item must be raised by a Commission member. · By motion, an action must be taken to place the item on the next meeting agenda of the Commission as
an appealed item. REVIEW BY OTHERS Planning and Zoning Board Meeting of May 21, 2012 No appealable items were considered by the Planning and Zoning Board. The following items which were
considered by the Board will be forwarded to the City Commission for action: A. Recommended approval (7 to 0), of a City-initiated rezoning from RM (Medium Density Residential) to CF
(Community Facilities) for two parcels of land located on the east side of SW 12th Avenue, approximately 106 feet north of SW 2nd Street for the Neighborhood Resource Center Expansion.
B. Recommended approval (7 to 0), of City-initiated amendments to the Land Development Regulations (LDR) regarding the duties, powers, and responsibilities of the Historic Preservation
Board (HPB); procedures for obtaining a variance from the HPB; provision of required HPB review
for properties listed on the Local Register of Historic Places within applicable zoning districts; clarification of procedures for historic designation; clarification of development
standards for properties listed on the Local Register of Historic Places; creation of “Local Register of Historic Places”; clarification of procedures for tax exemptions for historic
properties; clarification of criteria for changes of historic designation and/or classification. Site Plan Review and Appearance Board Meeting of May 23, 2012 1. Approved with conditions
(5 to 0, Shane Ames absent and Roger DeCapito resigned), a request for a color and material change for Advance Auto Parts, located within the Delray Beach Shopping Center, located 1310
North Federal Highway. 2. Tabled (5 to 0), a color change request for two structures located at 393 NE 5th Avenue (southeast corner of NE 5th Avenue and NE 4th Street). 3. Approved with
conditions (5 to 0), a Class I site plan modification and architectural elevation plan associated with the demolition of the existing glass storefront and construction of new folding
glass doors with an integral swinging man door for egress for 9 NE 2nd Avenue (Bay #9), located on the east side of NE 2nd Avenue (Pineapple Grove Way, north of East Atlantic Avenue).
Concurrently, the Board recommended to the City Commission approval of a waiver to LDR Section 4.4.13(F)(4) (c)(1) to reduce the required ground floor setback and frontage from 70%-90%
at a maximum of ten feet to 0%. Historic Preservation Board Meeting of May 16, 2012 4. Approved with conditions (7 to 0), a request for a Certificate of Appropriateness associated with
the construction of a two-story single family dwelling located at 112 NE 7th Street (south side of NE 7th Street, between Swinton Avenue and NE 2nd Avenue), Del-Ida Park Historic District.
Concurrently, the Board recommended to the City Commission approval of a waiver to LDR Section 4.5.1(E)(9)(b)to increase the second story encroachment into the Building Height Plane
to 24’6”, whereas a maximum of 18’ is permitted 5. Approved with conditions (5 to 2, Ana Aponte and Ronald Brito dissenting), a request for a Certificate of Appropriateness associated
with the construction of a two-story single family dwelling located at 116 NE 7th Street (southwest corner of NE 7th Street and NE 2nd Avenue). Concurrently, the Board took the following
actions: i. Recommended to the City Commission approval (on a 5 to 2 vote Ana Aponte and Ronald Brito dissenting),of a waiver to LDR Section 4.5.1(E)(9)(b)to increase the second story
encroachment into the Building Height Plane to 32’3”, whereas a maximum of 18’ is permitted. ii. Approved on a 7 to 0 vote, a variance to LDR Section 4.3.4(K) to reduce the front yard
(north) setback to 19’ 6” whereas 30’ is required. No other appealable items were considered by the Historic Preservation Board. The following item which was considered by the Board
will be forwarded to the City Commission for action: 6. Recommended approval (7 to 0), of City-initiated amendments to the Land Development Regulations (LDR) regarding the duties, powers,
and responsibilities of the HPB; procedures for obtaining a variance from the HPB; provision of required HPB review for properties listed on the Local Register of Historic Places within
applicable zoning district Sections; clarification of procedures for historic designation; clarification of development standards for properties listed on
the Local Register of Historic Places; creation of “Local Register of Historic Places”; clarification of procedures for tax exemptions for historic properties; clarification of criteria
for changes of historic designation and/or classification. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map
MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: May 26, 2012
SUBJECT: AGENDA ITEM 8.L.1 -REGULAR COMMISSION MEETING OF JUNE 5, 2012 BID AWARD/DELRAY BEACH AUTO MALL ITEM BEFORE COMMISSION The current agreement for undercover vehicle leases is
up for renewal, and the Department recommends awarding the contract to the low bidder, Delray Beach Auto Mall (Bid #2012-29). The award would be for the lease of 6 vehicles per month
for $350 each at an annual cost of $25,200. BACKGROUND The Department's Vice, Intelligence, and Narcotics unit utilizes rental vehicles to conduct long term surveillance and undercover
investigations. This unit plays a significant role in keeping the community safe by disrupting serious criminal activity. They help to keep major drug traffickers, organized crime figures,
and prostitution out of the community. The Department needs a vendor that can provide monthly leases from a nearby location, that offers a variety of vehicles, and the ability to "swap"
vehicles as needed to maintain undercover status. An Invitation to Bid for this service was issued on 5/4/12. Three vendors responded: Mears, Enterprise, and the Delray Beach Auto Mall.
Mears responded with a “no-bid”. Enterprise quoted an average monthly rental cost of $786.25 per vehicle for an annual rate of $56,610. The selection of Delray Beach Auto Mall would
save the City approximately $31,410 over the competitive bid. The recommended vendor offers a dramatic savings over the current one because their primary mode of business is auto sales
rather than rentals. Therefore, they are able to lease to us at a reduced rate. In 2010, the Department entered into a separate contract with them to do short term daily leases, replacing
the previous vendor. Based on the cost savings and the success of that agreement, the Department is confident in recommending Delray Beach Auto Mall for this contract as well. FUNDING
SOURCE Funding is available in account #001-2115-521-44.40 RECOMMENDATION The Police Department recommends approval.
MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH:
David Harden; City Manager DATE: May 24, 2012 SUBJECT: AGENDA ITEM 8.L.2 -REGULAR COMMISSION MEETING OF JUNE 5, 2012 BID AWARD/INTERCOUNTY ENGINEERING, INC. ITEM BEFORE COMMISSION Approve
a bid award to Intercounty Engineering Corporation in the amount of $406,700.00 for construction of upgrades to Lift Station 100A, P/N 2011-041. BACKGROUND Lift Station 100A is located
at the northeast corner of Veteran’s Park, northeast of the shuffleboard courts. The station was built in the early 1990’s, has three 30-hp pumps, and a 6” discharge pipe. Staff considered
the wet well to be near capacity in regards to storage and pumping, therefore recommended a capacity study be performed on the station. On December 7, 2010, City Commission approved
a Service Authorization to Mathews Consulting, Inc. in the amount of $45,686 to perform a capacity analysis of Lift Station 100A. The study was completed in June 2011. It revealed that
the lift station is not adequate to serve future wastewater flow projections, thus recommending the station be upgraded. The report identified options for consideration, with their respective
planning level costs. The least costly option consisted of constructing a second wet well adjacent to the existing and tying the two together for tandem operation. This option would
provide the least potential for disruptions to the system as the existing station would remain on-line until final tie-in with the newly constructed wet well. In addition, this option
would require a minimal amount of bypass pumping. On July 19, 2011, Mathews Consulting was awarded a service authorization in the amount of $77,981 for providing professional services
relating to design, surveying, permitting, geotechnical evaluation, construction document preparation, and project bidding, as well as construction administration services during the
construction phase. The design was completed in February 2012 and advertised on April 15, 2012. On May 15, 2012, bids were opened for the Wastewater Lift Station 100A Upgrade project
with Intercounty Engineering, Inc. as the lowest responsive bidder. The scope of work involves construction of a second wet well, complete upgrade of the station's electrical service,
by-pass pumping, associated
site landscape and fencing upgrades, as well as the purchase and installation of a new standby diesel generator. Prequalification by the City in the category of “Lift Station” work was
a requirement for this bid. The low bidder, Intercounty Engineering has a good performance record with the City of Delray Beach. A bid tabulation and location map attached hereto for
your reference. FUNDING SOURCE Funding will be from account 442-5178-536-69.29, Water and Sewer Renewal & Replacement Fund/Lift Station 100A Upgrade, in the amount $349,597.52, and account
442-5178-536-64.90, Water and Sewer Renewal & Replacement Fund/Other Machinery and Equipment in the amount of $57,102.48 (standby generator replacement). RECOMMENDATION Staff recommends
approval of a Bid Award to Intercounty Engineering, Inc. in the amount of $406,700.00 for Wastewater Lift Station 100A Upgrade project, P/N 2011-041.
MEMORANDUM TO: Mayor and City Commissioners FROM: Begoña Krane, Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 17,
2012 SUBJECT: AGENDA ITEM 8.L.3 -REGULAR COMMISSION MEETING OF JUNE 5, 2012 CONTRACT AWARD/WEST CONSTRUCTION, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve
and authorize the Mayor to execute a contract with West Construction, Inc., for the construction of swales at Delray Beach Heights. The cost of this contract is $58,900. BACKGROUND The
project consists of the construction of 6” deep roadside swales with a specific scope of work that includes clearing and grubbing, roadside swale grading, sodding, and maintenance of
traffic. Street segments included are located within the Delray Beach Heights Neighborhood as listed below: SW 8th St. SW 11th Terr. SW 11th Ave. SW 10th Ave. The project was advertised
on April 15, 2012, and bids were opened May 7, 2012, at 10 AM. Of the five (5) contractors in attendance at the April 30, 2012, mandatory pre-bid meeting, bids were received from two
(2) before the advertised bid opening. Both respondents are considered qualified to perform the work with the lowest responsive bid being submitted by West Construction in the amount
of $58,900. Attached are a Bid tabulation, location map and other supporting documentation. FUNDING SOURCE Funding is available from Account 448-5461-538-65.41 RECOMMENDATION Staff recommends
approval of the contract award to West Construction, Inc, for the construction of swales in the Delray Beach Heights Neighborhood.
Delray Beach Heights Swales Project Bid No. 2012-25 Bid Tabulation ITEM ITEM EST NO. DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 Maintenance of traffic LS 1
$1,200.00 $1,200.00 $3,000.00 $3,000.00 2 Mobilization/Demolition LS 1 $1,200.00 $1,200.00 $2,500.00 $2,500.00 3 Clearing & Grubbing LS 1 $1,800.00 $1,800.00 $6,500.00 $6,500.00 4 Roadside
Swale Grading SY 3500 $9.20 $32,200.00 $7.00 $24,500.00 5 Sodding SY 3500 $3.00 $10,500.00 $4.50 $15,750.00 6 Addl Pavement Removal(Included in Itm 3) $0.00 $0.00 $0.00 $0.00 7 Right
of Way Staking Survey LS 1 $1,500.00 $1,500.00 $1,500.00 $1,500.00 8 landscaping allowance LS 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 9 Utilty allowance LS 1 $2,000.00 $2,000.00 $2,000.00
$2,000.00 10 Video allowance LS 1 $500.00 $500.00 $500.00 $500.00 11 Contangetions LS 1 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $58,900.00 $64,250.00 West Cosntruction, Inc. Green Construction
Technologies Total Evaluated Bid Delray Beach Heights Swales Project Bid No. 2012-25 S:\EngAdmin\Projects\2012\12-060\BUDGET\bid tab2012-25 5/16/2012
MEMORANDUM TO: Mayor and City Commissioners FROM: Clayton Gilbert, Building Maintenance Superintendent Richard C. Hasko, P.E. Director of Environmental Services THROUGH: David T. Harden,
City Manager DATE: May 23, 2012 SUBJECT: AGENDA ITEM 8.L.4 -REGULAR COMMISSION MEETING OF JUNE 5, 2012 PURCHASE AWARD/MUNICIPAL LIGHTING SYSTEMS ITEM BEFORE COMMISSION This item is before
the Commission to approve a Purchase Award to Municipal Lighting Systems in the amount of $13,860.00 for the purchase of an additional ten (10) LED light fixtures that are Buy America
Compliant to install on the decorative street light poles along West Atlantic Avenue. BACKGROUND The lighting retrofit is part of a grant activity and the purchase of the LED fixtures
is being funded by the Energy Efficiency and Conservation Block Grant (EECBG). The EECBG is a grant through the American Recovery and Reinvestement Act (ARRA), which requires Buy America
Compliant products in most cases. The decorative street light poles along West Atlantic Avenue between Swinton and NE/SE 6th Avenue currently are using a light fixture that is a 175
watt metal halide lamp. The proposed fixture will utilize a 90 watt LED light source, providing electrical savings in excess of 40%. The history of the lighting retrofits for this area
is as follows: On 1/3/2012 Commission approved the purchase of sixty (60) fixtures for $83,160, on 4/27/2012 the City Manager approved the purchase of ten (10) additional fixtures for
$13,860, and the current request is for another ten (10) fixtures, which will complete the West Atlantic Avenue lighting project under this grant. FUNDING SOURCE Funding is available
from expenditure account number 101-6352-519-46.95, titled EECBG City Lighting Improvements -Wesst Atlantic Avenue Street Lights. RECOMMENDATION Public Works recommends approval of the
purchase Award to Municipal Lighting Systems in the amount of $13,860.00 for the purchase of ten (10) LED light fixtures.
MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: May 25,
2012 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF JUNE 5, 2012 WAIVER REQUEST/112 N.E. 7TH STREET ITEM BEFORE COMMISSION The action requested of the City Commission is approval
of a waiver from LDR Section 4.5.1(E)(9)(b), Visual Compatibility Incentives: Front Elevations, which allows an encroachment into the front Building Height Plane (BHP) setback area if
twenty five percent (25%) or more of the front elevation remains one (1) story and if the total width of extension does not exceed eighteen feet (18’). The width of the two-story encroachment
measures 24’6” wide, thereby requiring relief to exceed the maximum width by 6’6”. BACKGROUND At its meeting of May 16, 2012, the Historic Preservation Board (HPB) considered and approved,
with conditions, a Certificate of Appropriateness (COA) associated with the construction of a new singlefamily residence. The HPB considered the waiver request concurrently with the
COA request and recommended approval by a vote of 6-0. WAIVER ANALYSIS Pursuant to LDR Section 4.5.1(E)(9)(b), Visual Compatibility Incentives: Front Elevations, design flexibility is
provided for residential structures to allow encroachment into the front Building Height Plane (BHP) setback area if twenty five percent (25%) or more of the front elevation remains
one (1) story and if the total width of extension does not exceed eighteen feet (18’). The width of the two-story encroachment measures a total of 24’6”, and is broken up into two wall
planes. The foremost two-story element measures 17’6” wide, while the secondary two-story wall plane, which is set back an additional 4’6”, measures 7’ wide. The second wall plane is
the subject of this 6’6” waiver. Waiver Criteria: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and
(d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The intent
of this requirement is to mitigate the impact of second-story masses on the streetscape within a historic district. In consideration of the waiver criteria above, the request may be
supported in that the neighboring area will not be adversely affected as the intent of the building plan regulation (reduction of massing) is met with the mutiple offsets of the second
floor additions. The same waiver would be granted under similar circumstances on other property for another applicant or owner proposing a similar front setback, building size, lot coverage
and other elements such as significant offsets in the wall and roof planes which contribute to a compatible scale and massing. Based on the above, positive findings can be made with
respect to LDR Section 2.4.7(B)(5). RECOMMENDATION Approve the waiver request to LDR Section 4.5.1(E)(9)(b), Visual Compatibility Incentives: Front Elevations, to increase the second
story encroachment into the Building Height Plane from 18’ to 24’6” width, based upon positive findings under LDR Section 2.4.5(B)(5).
IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST ASSOCIATED WITH A CERTIFICATE OF
APPROPRIATENESS FOR 112 NE 7th STREET, DEL-IDA HISTORIC DISTRICT 1. This waiver request to permit an increase in the Building Height Plane (BHP) ratio associated with a Certificate of
Appropriateness for 112 NE 7th Street, Del-Ida Historic District came before the City Commission on June 5, 2012. 2. The Applicant and City staff presented documentary evidence and testimony
to the City Commission pertaining to the waiver request to permit the building to encroach the area outside of the Building Height Plane. All of the evidence is a part of the record
in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a
finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create
an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant
or owner. A. Waiver to Permit an Increase in the Building Height Plane (BHP) Front Elevation Extension Limitation: The proposal includes a front elevation width of 24’6”. The primary
two story element measures 17’6” and meets the requirements. The additional area that exceeds the requirements is 7’6” wide. Therefore, a waiver is required to increase the front elevation
encroachment into the Building Height Plane (BHP) from 18’ to 24’6”. Pursuant to LDR Section 4.5.1(E)(9)(b) “Visual Compatibility Incentives, Front Elevations,” in order to provide design
flexibility for residential structures that otherwise satisfy the Visual Compatibility Standards, up to twenty five percent (25%) of the front elevation can extend above the BHP to a
maximum height of thirty five feet (35’), provided twenty five percent (25%) or more of the elevation remains one story as
2 defined by LDR Section 4.5.1 (E)(8)(a)(2). The total width of the extension shall not exceed 18 feet (18’) along the front elevations. Does the waiver request to increase the front
elevation encroachment from 18’ to 24’6” meet all of the requirements of 2.4.7(B)(5)? Yes _______ No _______ 3. The City Commission has applied the Comprehensive Plan and LDR requirements
in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The
City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not
limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ___
denies ___ the waiver request to LDR Section 4.5.1(E)(9)(b). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of June, 2012, by a vote
of _____ in favor and _____ opposed. ________________________________ ATTEST: Nelson S. McDuffie, Mayor ________________________________ Chevelle Nubin, City Clerk
MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: May 25,
2012 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF JUNE 5, 2012 WAIVER REQUEST/116 N.E. 7TH STREET ITEM BEFORE COMMISSION The action requested of the City Commission is approval
of a waiver from LDR Section 4.5.1(E)(9)(b), Visual Compatibility Incentives: Front Elevations, which allows encroachment into the front Building Height Plane (BHP) setback area if twenty
five percent (25%) or more of the front elevation remains one (1) story and if the total width of extension does not exceed eighteen feet (18’). The width of the two-story encroachment
measures 31’6” wide, thereby requiring relief to exceed the minimum width by approximately 13’6”. BACKGROUND At its meeting of May 16, 2012, the Historic Preservation Board (HPB) considered
and approved, with conditions, a Certificate of Appropriateness (COA) associated with the construction of a new singlefamily residence. The HPB considered the waiver request concurrently
with the COA request and recommended approval by a vote of 5-2 (Aponte and Brito dissenting). WAIVER ANALYSIS Pursuant to LDR Section 4.5.1(E)(9)(b), Visual Compatibility Incentives:
Front Elevations, design flexibility is provided for residential structures to allow encroachment into the front Building Height Plane (BHP) setback area if twenty five percent (25%)
or more of the front elevation remains one (1) story and if the total width of extension does not exceed eighteen feet (18’). The width of the two-story encroachment measures a total
width of 31’6”, and is broken up into two wall planes. The foremost two-story element measures 18’ wide, while the secondary two-story wall plane, which is set back an additional 11’
and is located above a one-story mass, measures 13’6” wide. Due to the total width of encroachment, a waiver is required and has been analyzed below. Waiver Criteria: Pursuant to LDR
Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall
not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property
for another applicant or owner. The intent of this requirement is to mitigate the impact of second-story masses on the streetscape within a historic district. In consideration of the
waiver criteria above, the request may be supported in that the intent of the building plane regulation (reduction of massing) is met with the multiple offsets of the second floor additions.
The same waiver would be granted under similar circumstances on other property for another applicant or owner proposing a similar front setback, building size, lot coverage and other
elements such as significant offsets in the wall and roof planes which contribute to a compatible scale and massing. Further, the breaks in the wall planes between the first and second
stories assist the design in meeting the intent of the regulation. Based on the above, positive findings can be made with respect to LDR Section 2.4.7(B)(5). RECOMMENDATION Approve the
waiver request to LDR Section 4.5.1(E)(9)(b), Visual Compatibility Incentives: Front Elevations, to increase the second story encroachment into the Building Height Plane from 18’ to
31’6” wide, based upon positive findings under LDR Section 2.4.5(B)(5).
IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST ASSOCIATED WITH A CERTIFICATE OF
APPROPRIATENESS FOR 116 NE 7th STREET, DEL-IDA HISTORIC DISTRICT 1. This waiver request to permit an increase in the Building Height Plane (BHP) ratio associated with a Certificate of
Appropriateness for 116 NE 7th Street, Del-Ida Historic District came before the City Commission on June 5, 2012. 2. The Applicant and City staff presented documentary evidence and testimony
to the City Commission pertaining to the waiver request to permit the building to encroach the area outside of the Building Height Plane. All of the evidence is a part of the record
in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a
finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create
an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant
or owner. A. Waiver to Permit an Increase in the Building Height Plane (BHP) Front Elevation Extension Limitation: The proposal includes a front elevation width of 31’6”. The primary
two story element measures 18” and meets the requirements. The additional area that exceeds the requirements is 13’6” wide. Therefore, a waiver is required to increase the front elevation
encroachment into the Building Height Plane (BHP) from 18’ to 31’6”. Pursuant to LDR Section 4.5.1(E)(9)(b) “Visual Compatibility Incentives, Front Elevations,” in order to provide design
flexibility for residential structures that otherwise satisfy the Visual Compatibility Standards, up to twenty five percent (25%) of the front
2 elevation can extend above the BHP to a maximum height of thirty five feet (35’), provided twenty five percent (25%) or more of the elevation remains one story as defined by LDR Section
4.5.1 (E)(8)(a)(2). The total width of the extension shall not exceed 18 feet (18’) along the front elevations. Does the waiver request to increase the front elevation encroachment from
18’ to 31’6” meet all of the requirements of 2.4.7(B)(5)? Yes _______ No _______ 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time
the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds
there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff
reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ___ denies ___ the waiver
request to LDR Section 4.5.1(E)(9)(b). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of June, 2012, by a vote of _____ in favor and
_____ opposed. ________________________________ ATTEST: Nelson S. McDuffie, Mayor ________________________________ Chevelle Nubin, City Clerk
MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: May 25, 2012 SUBJECT:
AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF JUNE 5, 2012 WAIVER REQUEST/9 N.E. 2ND AVENUE ITEM BEFORE COMMISSION Consideration of a waiver request to the CBD downtown design guidelines
which involve lower level frontage and setback requirements for 9 NE 2nd Avenue. This waiver would allow 0%frontage at a maximum setback of 10 ft. along NE 9th Avenue where 70%-90% frontage
is required pursuant to LDR Section 4.4.13(F)(4)(c)(1). BACKGROUND The 0.0789 acre property currently contains three (3) retail bays. The two (2) northernmost bays (Bays #11 and #15)
were previously associated with Ace Pump and are currently vacant. The southernmost bay (Bay #9) is currently occupied by F Y & I (Frozen Yogurt and Ice Cream). This use is consistent
with the prior Rita’s Ice Cream Parlor at that location. On April 17, 2012, the City Commission approved a waiver to the setback and frontage requirements associated with conversion
of 2,142 sq. ft. of existing retail space to restaurant space for Bays #11 and #15 for 9 NE 2nd Avenue. The current proposal calls for demolition of the existing glass storefront which
is set back four feet (4’) and installation of new folding glass doors setback an additional ten feet (10’) for retail Bay #9. An analysis of the waiver request is provided in the following
section. Waiver Requests LDR Section 2.4.7(B)(5) Findings: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting the waiver:
(a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Ground
Level Setback and Frontage Requirements: A waiver has been requested to allow 0% frontage along NE 2nd Avenue at a maximum of 10’ rather than the 70%-90%frontage required, pursuant to
LDR Section 4.4.13(F)(4)(c)(1). Pursuant to LDR Section 4.4.13(F)(4)(c)(1), a minimum of 70% and a maximum of 90% of the building frontage shall be set back no greater than ten feet
(10’) from the property line for buildings up to twentyfive feet (25’) in height. The remaining length of the building shall be setback a minimum of fifteen feet (15’). The applicant
has provided the following justification statement regarding the waiver request: “The proposed design of the Property seeks to demolish approximately sixteen feet (16') of existing building
frontage (Bay # 9), which is currently set back only four feet (4') from the property line, and rebuild and relocate it ten feet (10') further into the space. The new setback from the
property line would be fourteen feet (14'). The entire roof, columns and structural supports are to remain and will not be moved. The existing non-load bearing glass storefront will
be replaced with a folding impact glass storefront. The building footprint (generally understood to mean the horizontal projected area of the built structure from the roof down to ground
level) is not changing. This is comparable to many other restaurants in the CBD/downtown area with similar elevations and which design element is intended to provide a location for a
desired covered outdoor dining area.” The Central Business District requires all buildings to be placed in close proximity to rights of way, to encourage pedestrian access and to foster
a uniform streetscape along major thoroughfares. The code encourages a maximum setback of ten feet (10’). To assist in this effort, the building mass is pulled closer to the street to
create an attractive pedestrian friendly area in the front. However, given the design of the floor plan layout, which includes a covered outdoor bar and dining area, the entrance will
continue to look inviting to passing pedestrians. The waiver to LDR Section 4.4.13(F)(4)(c)(1), does not affect the neighboring areas or create an unsafe situation. Granting of the requested
waiver will not diminish the provision of public facilities or result in the grant of a special privilege. In fact, this request is consistent with the recently approved waiver requests
for the two (2) bays immediately to the north. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5) in the reduction of the required setback along NE 2ndAvenue.
REVIEW BY OTHERS The Site Plan Review and Appearance Board reviewed the waiver request at their meeting of May 23, 2012 in conjunction with the Class I Site Plan modification approval.
By a vote of 5-0, theSPRAB recommended approval to the requested waiver to LDR Section 4.4.13(F)(4)(c)(1), Minimum Ground Level Building Setback and Frontageto allow 0% frontage along
NE 2nd Avenueto be set back 10' or less where 70%-90% frontage at a maximum setback of 10’ is otherwise required on floor levels up to 25’. A detailed description and analysis of the
development proposal is contained within the attached Site Plan Review and Appearance Board staff report of May 23, 2012. RECOMMENDATION Approve the waiver request to LDR Section 4.4.13(F)(4)(c)(1),
to reduce the required ground floor setback and frontage from 70%-90% at a maximum of ten feet (10’) to 0% alongNE 2nd Avenue, by
adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5).
1 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 9 NE 2nd Avenue 1. This waiver
request came before the City Commission on June 5, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver
request for 9 NE 2nd Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section
2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly
diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted
under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.4.13(F)(4)(c)(1) Pursuant to LDR Section 4.4.13(F)(4)(c)(1), a minimum of 70%
and a maximum of 90% of the building frontage shall be set back to no greater than ten feet (10’) from the property line for buildings up to twenty-five feet (25’) in height. The applicant
is requesting a waiver to allow 0% of the building frontage at NE 2nd Avenue to be set back at a maximum of ten feet (10’) rather than the 70%-90% required. Under the proposed design,
the entire roof, columns and structural supports are to remain at the current setback of four feet (4’). However, 100% of the frontage of the modified structure will be set back more
than 10 feet (10’) from the property line. Should the waiver be granted? Yes ______ No _______
2 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations
set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record
submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5.
Based on the entire record before it, the City Commission approves __ denies ___ the waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order
this 5th day of June, 2012, by a vote of ____ in favor and ____ opposed. ________________________________ ATTEST: Nelson S. McDuffie, Mayor ________________________________ Chevelle
Nubin, City Clerk
MEMORANDUM TO: Mayor and City Commissioners FROM: Tracie M. Lutchmansingh, P.E., Assistant City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden,
City Manager DATE: May 29, 2012 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF JUNE 5, 2012 REQUEST TO INSTALL PERVIOUS BRICK PAVERS IN CITY RIGHT-OFWAY/PRESIDENTIAL AUTO LEASING
AND SALES ITEM BEFORE COMMISSION Consideration of request from Presidential Auto Leasing and Sales (3201 S. Federal Highway) to install 100-feet of pervious brick pavers in a section
of City right-of-way along the south side of Avenue L approximately 300-feet east of Federal Highway. BACKGROUND Presidential Auto received Site Plan Certification in July 2011 for improvements
proposed on the east side of their property. These improvements included construction of a bullpen parking lot, wall, driveway and associated landscaping. In November 2011, permits were
issued from the Building Inspection Division to construct these improvements. In January 2012, the contractor requested approval through the Engineering Division to replace approximately
100-feet of grass swale in the rightof-way located on the north side of the permitted improvements and approximately 300-feet of east Federal Highway with a pervious paver system. Refer
to Location Map for exact location. The basis of the request was to provide an area that would facilitate unloading of semi trailer auto carriers with a delivery fequency of 2 to 3 times
per week. Refer to the letter dated January 5th, 2012 from contractor, Mr. Terry Edwards. In letter dated February 15, 2012, the owner of the dealership, Mr. Jim Guistolisi indicated
that the current layout of their property does not allow semi trailer trucks to access the property for vehicular deliveries. They currently unload large semi-trucks on one lane of Lindell
Boulevard (which is actually Avenue L on this side of Federal Highway). Mr. Guistolisi has also indicated that the recent expansion (within the last 6 months) allowed for 85% of the
his deliveries to be made on site. These delivery vehicles now enter through the west entrance on Avenue L and exit from the new east entrance on Avenue L. Refer to Exhibit "A" for the
current unloading layout. Delivery vehicles that can be accommodated on site include tow trucks, flat beds and general box trucks for a maximum length of 25-feet. However, the delivery
trucks that range from 75-feet to 100-feet cannot maneuver onto and off the site. In addition, the site lacks adeqaute space to accommodate these trucks with their unloading ramp fully
extended. As a result, Mr. Guistolisi is requesting to pave 100-feet of the swale in the right-of-way
with a pervious system acceptable to the City and is willing to complete a Maintenance Agreement that indicates they will be responsible for it's ongoing maintenance. The Planning and
Zoning (P&Z) Department does not support this request on the basis that all deliveries were suppose to be accommodated on site. Refer to the attached document from P&Z's Director, Paul
Dorling. From a technical right-of-way use perspective, this is not a residential area and there are no anticipated drainage or utility impacts resulting from this proposal. On that
basis, Engineering has no objection to the request, but will defer to the land use concerns expressed by the Planning Department. Any approval of this request will be contingent upon
submittal and technical approval of detailed engineering plans for construction. RECOMMENDATION Commission discretion.
MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: MAY 31, 2012 SUBJECT: AGENDA ITEM # -REGULAR MEETING –
JUNE 5, 2012 ITEM BEFORE COMMISSION The action before the City Commission is approval of a request to pave the swale area along Avenue L to allow for vehicle unloading for Presidential
Auto Leasing. BACKGROUND This request was considered by DSMG and at that time planning staff raised some concerns based upon events associated with the recent expansion of the operation.
At its meeting of April 5, 2011, the City Commission approved a Future Land Use Map (FLUM) Amendment from MD (Medium Density 5-12 du/acre) to GC (General Commercial) and rezoning from
RM (Medium Density Residential) to AC (Automotive Commercial) for lots 55 through 58 of the subject property. At that hearing, in an attempt to secure approval the applicant provided
a PowerPoint exhibit depicting how the proposed expansion would allow the loading functions that where currently being conducted in the public right-of-way (Avenue L) to be accommodated
on site. A verbatim transcript from the City Commission meeting is noted below: My name is Jim Guistolisi and my home address is 727 NE 75th Street, a couple of blocks away from this
site. By approving this, my business is very tight right now to operate, in parking and we’ve kind of just outgrown our quarters a little bit, if you will. This would really be a tremendous
help, although it’s a very small piece, it would be a very big help for us. One of the big helps is actually in this picture, I think we have a better picture than this but, what I’m
going to end up doing is putting another entrance. Where’s the site plan? We have a better… You see there’s a second entrance that I’m going to put in on my existing property right there.
Right now one of the big things we have going on is that we have one way in the property and one way out. A lot of times we get delivery by trucks and they can get in but they can’t
get out. It gets very difficult for them, so by having a second exit or entrance, if you will, it’s going to give a better flow and a lot more trucks can actually come in or go out.
Right now they’re basically loading and unloading at Avenue “L” so that could help some of the congestion on that street and, again, it’s going to help the space of the business. It’s
very cramped for being an automobile dealer. If there are any questions for me. With the subsequent submittal of follow-up site plan modifications these verbal commitments were ignored.
During the site plan review process staff raised the loading issue and asked for a redesign to adequately accommodate the loading function on site. The applicant declined to redesign
the site plan to accommodate the onsite loading function as required by LDR Section 4.6.10 (A). While staff recommended denial of the site plan modification, primarily due to loading
concerns, the applicant was
2 successful in persuading the Site Plan Review and Appearance Board to approve the site plan modification on June 23, 2011. It appears at best, disingenuous to now ask the public to
accommodate areas for loading in the public right of way given the very conscious decision not to accommodate loading on private property as required and proffered during the recent
expansion of the property RECOMMENDATION Deny the request to accommodate loading in the public right-of-way and recommend that other alternatives be explored to provide the loading on
site.
MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: May 30, 2012 SUBJECT: AGENDA ITEM 9.E. -REGULAR
COMMISSION MEETING OF JUNE 5, 2012 REVISIONS TO THE SPECIAL EVENT POLICIES AND PROCEDURES ITEM BEFORE COMMISSION Commission is requested to consider approval of proposed revisions to
the Special Event Policies and Procedures to be effective for events beginning October 1, 2012. BACKGROUND Based on Commission direction, staff reviewed proposed changes to the Special
Event Policies and Procedures at the Commission Workshop held on March 15, 2012. Major changes agreed to are as follows: 1. Charge all event producers 100% of City staff overtime costs
as well as 100% for all other City services and rentals. 2. Charge Old School Square and the Delray Beach Marketing Cooperative 50% versus 35% of City staff overtime costs as well as
100% for all other City services and rentals. 3. Charge all event producers a 5% administrative fee of overtime costs. 4. Provide language that permits the City to charge a deposit for
new events. 5. Only allow three (3) weekends (Saturday and/or Sunday or multiday) be set aside in any month for events. Since the workshop, I have also received recommendations for changes
from other staff members. These include: 1. Require payment of the City invoice in full within 60 days of the invoice date. 2. Include provisions to require dumpsters, grease and oil
collection equipment for events as may be determined by staff. 3. Include provisions for Parks Maintenance and Public Works staff support. Other minor language changes and reorganization
of sections have also been made. RECOMMENDATION Staff recommends approval of proposed changes to the Special Event Policies and Procedures to be effective October 1, 2012.
MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney/Police Legal Advisor THROUGH: City Attorney DATE: May 29, 2012 SUBJECT: AGENDA ITEM 9.F. -REGULAR
COMMISSION MEETING OF JUNE 5, 2012 SETTLEMENT OFFER IN CRISLER CHACRETON V. CITY OF DELRAY BEACH ITEM BEFORE COMMISSION This is an offer of settlment in the sum of $63,500.00 in the
case of Crisler Chacreton v. The City of Delray Beach. BACKGROUND This case arises from an automobile accident that occurred on June 9, 2009 when Mr. Crisler's vehicle and a Delray Beach
Police Department vehicle collided on West Atlantic Avenue in front of the Police Department. Mr. Crisler's injuries included a rotator cuff tear in his right shoulder along with a lumbar
and cervical strain. The medicals to date are $53,624.37 with future medicals estimated at $1400.00 per year. RECOMMENDATION The City Attorney's Office and Gallagher Basset recommend
approval.
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 29, 2012 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF JUNE 5, 2012 APPOINTMENT TO
THE SITE PLAN REVIEW & APPEARANCE BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Site Plan Review and Appearance Board. BACKGROUND There
is a vacancy on the Site Plan Review and Appearance Board due to the resignation of Mr. Roger DeCapito. The term is unexpired ending August 31, 2012. Appointment is needed for one (1)
regular member. Contingent upon approval of Ordinance No. 15-12, the appointed member shall be allowed to serve the following full regular term without reappointment because the unexpired
term is for a period of time less than six months. To qualify for appointment, a person shall either be a resident of, or own property in the City, and/or own a business within the City.
In addition, the City Commission shall fill five seats on the Board with an architect, landscape architect, realtor/real estate broker, civil engineer, general contractor, sign contractor,
land planner or interior designer. The remaining two seats shall be at large. The Commission shall endeavor to appoint as many disciplines as possible to the board. The following individuals
have submitted applications and would like to be considered for appointment: (See Exhibit “A” attached) A check for code violations and/or municipal liens was conducted. None were found.
Voter registration verification was completed and all are registered with the exception of Mr. Borrero. Based on the rotation system, the appointment will be made by Commissioner Gray
(Seat #4) for one (1) regular member to serve an unexpired term plus a two (2) year term ending August 31, 2014. RECOMMENDATION Recommnend appointment of one (1) regular member to serve
on the Site Plan Review and Appearance Board for an unexpired plus two (2) year term ending August 31, 2014.
SITE PLAN REVIEW AND APPEARANCE BOARD 05/12 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2012 Unexp Appt 10/03/06 Reappt 08/19/08 Reappt 08/17/10 Shane Ames, Chair Designer/Architect
08/31/2012 Unexp Appt 08/16/11 Shannon Dawson Business Owner- Property Management/Realt or 08/31/2013 Unexp Appt 01/03/12 Alice Finst Citizen-at-Large 08/31/2012 Appt 08/17/10 Rustem
Kupi Architect 08/31/2013 Unexp Appt Scott Porten General Contractor 08/31/2014 Unexp Appt Vacant 08/31/2014 Unexp Appt 05/15/12 James Knight Real Estate Broker/General Contractor S/City
Clerk/Board 12/SPRAB
SITE PLAN REVIEW AND APPEARANCE BOARD APPLICANTS EXHIBIT A Applicants with experience in the professions required: Jose Aguila Architect Alejandro Borrero Architect/Project Director
Jason Bregman Self-employed consultant/Landscape Architecture Ronald Brito General Contractor/President Mark Gregory Sign Specialist-Sales/Consultant Jerome Sanzone Building Official/General
Contractor Chris Stray Landscape Architecture & Design/Interior Design Applicants for At Large Seat: David Beale Business Owner/Attorney Aird Cajuste Mental Health Case Manager Mary-Elizabeth
Cohn Educator/Consultant Frank Frione Engineering Consultant/CFO Robert Marks Construction Inspector Ria Santos Financial Consultant Thomas Stanley Attorney Andrew Youngross Engineering
Consultant
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 29, 2012 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF JUNE 5, 2012 APPOINTMENTS
TO THE FINANCIAL REVIEW BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Financial Review Board. BACKGROUND There are vacancies on the Financial
Review Board for two (2) regular members and one (1) alternate member due to the resignations of Mr. Anthony Cottone, Mr. Jeff Ritter and Mr. David Stein. Three (3) appointments will
be made for two (2) regular members and one (1) alternate member. The terms are unexpired ending July 31, 2012 and July 31, 2013. Contingent upon approval of Ordinance No. 15-12, any
appointed member who is appointed for an unexpired term for a period of time less than six months shall be allowed to serve the following full regular term without reappointment. On
October 6, 2009, the Delray Beach City Commission adopted Resolution No. 55-09 establishing the Budget Review Committee to review the City’s budget, systems and procedures, technology
improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants
to other entities and transfers to other funds or any other items that may favorably impact the City’s budget and overall financial condition. The Commission later adopted Resolution
No. 58-09 which renamed the committee as the Financial Review Board with the expanded responsibilities of analysis of revenues and expenses and business practices and processes. Resolution
No. 05-11 provided further amendments to clarify that the Board’s duties shall fall under the direction of the City Manager or the City Commission and to restrict the membership of the
Board. The Financial Review Board shall consist of nine (9) members. Five (5) seats on the Board must be filled with a certified public accountant, accounting professional, finance professional,
certified financial planner, investment advisor, insurance professional (property/casualty or health), business owner/manager/officer and someone with an MBA or MPA degree. The remaining
four (4) members may be at large. The following individuals have submitted applications and would like to be considered for appointment:
(See Exhibit “A” attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and they are registered. Based
on the rotation system, the appointments will be made as follows: Term Expiration Date Commissioner/Mayor to appoint July 31, 2014 (regular member) Commissioner Jacquet (Seat #2) July
31, 2013 (regular member) Commissioner Frankel (Seat #3) July 31, 2013 (alternate member) Commissioner Gray (Seat #4) The appointments are scheduled to be made at the regular City Commission
meeting on June 5, 2012. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Financial Review Board for an unexpired plus two (2) year term ending July 31,
2014. Recommend one (1) regular member and one (1) alternate member to serve unexpired terms ending July 31, 2013.
FINANCIAL REVIEW BOARD 04/12 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/12 Unexp Appt 03/20/12 Brian Anderson Director of Communications 07/31/14 Unexp Appt Vacant 07/31/13 Unexp
Appt 04/05/11 Reappt 06/21/11 John Hallahan, Chair Assistant Director of Operations/Retired MBA 07/31/12 Unexp Appt 01/17/12 Brian Wood Director/Senior Manager-Finance 07/31/13 Appt
11/03/09 Reappt 6/21/11 Christina Morrison, Chair Realtor 07/31/13 Unexp Appt Vacant 07/31/12 Appt 07/20/10 Luise Piane Executive Management ALTERNATES 07/31/13 Unexp Appt 01/03/12 Warren
Trilling Business Development Manager CPA 07/31/13 Unexp Appt Vacant S/City Clerk/Board 12/Financial Review Board
FINANCIAL REVIEW BOARD EXHIBIT A Applicants with experience in the professions required: Jeremy Office Associate Director/Wealth Management Advisor MBA Rosa Torres-Tumazos Business Strategy
Consultant/Principal CFP Applicants interested in being an at-large member: Patricia Maguire Public Relations/Editor Alan Weitz Banking (also applying for the Community Redevelopment
Agency)
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 29, 2012 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF JUNE 5, 2012 APPOINTMENT TO
THE COMMUNITY REDEVELOPMENT AGENCY ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Community Redevelopment Agency. BACKGROUND The term for regular
member, Mr. William Branning will expire on July 1, 2012. Mr. Branning will have served one (1) full term, is eligible and would like to be considered for reappointment. The term will
be for four (4) years ending July 1, 2016. Per Florida Statute, any person may be appointed to the Community Redevelopment Agency if he or she resides in or is engaged in business (which
means owning a business, practicing a profession or performing a service for compensation, or serving as an officer or director of a corporation or other business entity) within the
area of the agency which is coterminous with the municipality and is otherwise eligible for such appointment. The City Attorney has determined that anyone who resides within the City
limits is eligible for appointment. A person cannot hold any other public office other than his/her commissionership or office with respect to the Community Redevelopment Agency. The
following individuals have submitted applications and would like to be considered for appointment: (See Exhibit “A” attached) A check for code violations and/or municipal liens was conducted.
None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Mayor McDuffie (Seat #5) for one
(1) regular member to serve a four (4) year term ending July 1, 2016. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Community Redevelopment Agency for
a four (4) year term ending July 1, 2016.
COMMUNITY REDEVELOPMENT AGENCY 4 YEAR TERM 20 N. Swinton Avenue Delray Beach, FL 33444 07/11 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/01/2013 Appt 07/05/05 Reappt 06/16/09 Peter Arts,
1st Vice Chair Life Insurance Agent 07/01/2015 Appt 06/21/11 Annette Gray Real Estate Broker 07/01/2013 Unexp Appt 02/20/07 Reappt 06/16/09 Veronica Covington Security Surveillance 07/01/2014
Unexp Appt 04/15/03 Reappt 06/20/06 Reappt 07/06/10 Howard Lewis, Chair Business Owner 07/01/2012 Unexp Appt 05/02/06 Reappt 07/01/08 William Branning, Treasurer Contractor 07/01/2013
Unexp Appt 10/06/09 Cathy Balestriere General Manager 07/01/2013 Appt 06/16/09 Herman Stevens Attorney S/City Clerk/Board 12/CRA
COMMUNITY REDEVELOPMENT AGENCY EXHIBIT A William Branning Contractor/President Incumbent Mark Denkler Business Owner/President Joseph Ferrer President/Entertainment Frank Frione Engineering-Chief
Executive Officer Jerome Sanzone Building Official Sam Shannon Director of Community Development Harold VanArnem Entrepreneur Alan Weitz Banking (also applying for the Financial review
Board)
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 29, 2012 SUBJECT: AGENDA ITEM 9.J. -REGULAR COMMISSION MEETING OF JUNE 5, 2012 APPOINTMENTS
TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Neighborhood Advisory Council. BACKGROUND There are vacancies
on the Neighborhood Advisory Council due to the resignations of regular members Ms. Theresa DiPerna (Zone 1), Mr. David Stein (Zone 5), Mr. Joseph Kamarata (Zone 6) and student member
Ms. Andrea Poveda. Ms. Shirl Fields (Zone 3) also resigned because she moved and was no longer residing in her appointed zone. There will be appointments made for three (3) regular members
to serve unexpired terms ending July 31, 2012, and one (1) regular member to serve an unexpired term ending July 31, 2014. There are no student applicants at this time. Contingent upon
approval of Ordinance 15-12, any individual appointed for an unexpired term for a period of time less than six months shall be allowed to serve the following full regular term without
reappointment because the unexpired term is for a period of time less than six months. The Neighborhood Advisory Council was established for the purpose of maintaining broad-based community
involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats
to the stability of the neighborhoods. The Council consists of fifteen (15) regular and two (2) student members. Twelve (12) members are residents with two (2) selected from each of
the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested
in the enhancement of its surrounding neighborhoods. A map of the appointment zones is included for your review. The following individuals have submitted applications for consideration:
(Applicants are listed by zones; however, the applications are in alphabetical order.) (See Exhibit “A” Attached) Based on the rotation system, the appointments will be made by Mayor
McDuffie (Seat #5),
Commissioner Carney (Seat #1) and Commissioner Jacquet (Seat #2) for three (3) regular members from Zone 3, Zone 5 and Zone 6 to serve unexpired plus three (3) year terms ending July
31, 2015. Commissioner Frankel (Seat #3) will appoint one (1) regular member from Zone 1 to serve an unexpired term ending July 31, 2014. RECOMMENDATION Recommend appointment of three
(3) regular members to the Neighborhood Advisory Council from Zone 3, Zone 5 and Zone 6 to serve unexpired plus three (3) year terms ending July 31, 2015, and one (1) regular member
from Zone 1 to serve an unexpired term ending July 31, 2014.
04/12 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME & ADDRESS 07/31/13 Unexp Appt 11/16/10 Zone 1 Susan Sims 07/31/14 Appt 09/06/11 Zone 2 Stephen Lampel 07/31/13 Unexp Appt
10/17/06 Reappt 10/16/07 Reappt 10/19/10 Zone 3 Linda Laurence Leib 07/31/13 Appt 10/19/10 Zone 4 Suzanne Donohue 07/31/14 Unexp 03/03/08 Reappt 10/07/08 Reappt 07/19/11 Zone 5 Gail-Lee
McDermott 07/31/14 Unexp Appt 02/20/07 Reappt 10/07/08 Reappt 07/19/11 Zone 6 Linda Prior 07/31/14 Unexp Appt Zone 1 Vacant 07/31/14 Unexp Appt 04/03/12 Zone 2 Colson Zulmar 07/31/15
Unexp Appt Zone 3 Vacant 07/31/12 Unexp Appt 10/20/09 Zone 4 Isabel Make 07/31/15 Unexp Appt Zone 5 Vacant 07/31/15 Unexp Appt Zone 6 Vacant 07/31/14 Uenxp Appt 02/03/09 Reappt 07/19/11
At Large Representative William Milner, 2nd Vice Chair 07/31/14 Appt 08/02/11 At Large Representative Lee Cohen 07/31/12 Appt 10/06/09 At Large Representative Margherita Downey 07/31/12
Student Vacant 07/31/12 Student Vacant Board 12/Neighborhood Advisory Council
NEIGHBORHOOD ADVISORY COUNCIL EXHIBIT A Applicant Subdivision Zone 1 Mark Behar Lees Crossing Zone 3 Mary Minieka (currently serving on the Public Art Advisory Board) Linton Lakes Wendy
Smith Rabbit Hollow Zone 5 Pearl Markfield Elrod Town of Delray Dorothy Payne South Bay Zone 6 Wyana Claxton (currently serving on the Police Advisory Board) Tropic Bay Brenda Cullinan
(currently serving on the Board of Adjustment) Tropic Bay John Eaton Barr Terrace Dennis Guy Tropic Isles Adam Reback Tropic View Nancy Richards Tropic Isle Maureen Smith Tropic Isle
Patricia Westall Seaspray
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 30, 2012 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF JUNE 5, 2012 ORDINANCE NO.
15-12 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to Consider an amendment to Chapter 32, “Departments, Boards and Commission”, of the Code of Ordinances
by amending Section 32.09, “Expiration of Terms; Commencement of Terms”, and Section 32.10, “Vacancies”, to clarify that certain appointments made to fill a vacancy, where there is less
than six months of the current term left, will also include the following regular term. BACKGROUND At the first reading on May 15, 2012, the Commission passed Ordinance No. 15-12. RECOMMENDATION
Recommend approval of Ordinance No. 15-12 on second and final reading.
ORDINANCE NO. 15-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, “DEPARTMENTS, BOARDS AND COMMISSIONS”, OF THE CODE OF ORDINANCES BY
AMENDING SECTION 32.09, “EXPIRATION OF TERMS; COMMENCEMENT OF TERMS” AND SECTION 32.10, “VACANCIES”, TO CLARIFY THAT CERTAIN APPOINTMENTS MADE TO FILL A VACANCY, WHERE THERE IS LESS
THAN SIX MONTHS OF THE CURRENT TERM LEFT, WILL ALSO APPLY TO THE FOLLOWING REGULAR TERM, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City
of Delray Beach desires to modify its Code of Ordinances to provide that when appointments are made to fill board vacancies, where the remaining time left on the current term is under
6 months, then the appointment will cover not only the remaining time left on the current term but it shall also apply to the following regular term as well. NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 32, “Departments, Boards and Commissions”, of the Code of Ordinances of the City of Delray
Beach is amended by amending Section 32.09, “Expiration of Terms; Commencement of Terms”, to read as follows: Sec. 32.09. EXPIRATION OF TERMS; COMMENCEMENT OF TERMS. (A) Expiration of
Terms. All advisory board, Committee (regular and ad hoc), and task force appointments shall expire as follows: (1) Board of Adjustment, Site Plan Review and Appearance Board, Planning
and Zoning, and Historic Preservation Board memberships shall expire at 12:00 midnight on August 31. Except as set forth in Section 32.10. (2) All other Board, Committee (regular or
ad hoc) and task force memberships shall expire at 12:00 midnight on July 31, except for the Civil Service Board, Code Enforcement Board, Community Redevelopment Agency, Downtown Development
Authority, Delray Beach Housing Authority, Police and Fire Pension Board, and the Public Employees Relations Commission which are governed by Florida Statutes or Special Act. Except
as set forth in Section 32.10. (B) Commencement of Terms.
2 ORD. NO. 15-12 (1) All appointments to membership on Boards referred to in Section 32.09(a)(1) above shall commence at 12:01 a.m. on September 1. Those referred to in Section 32.09(a)(2)
shall commence at 12:01 a.m. on August 1. Section 2. That Chapter 32, “Departments, Boards and Commissions”, of the Code of Ordinances of the City of Delray Beach is amended by amending
Section 32.10, “Vacancies”, to read as follows: Sec. 32.10. VACANCIES. Where a vacancy is caused by the resignation or removal of a member prior to the expiration of his or her term,
a member shall be appointed to complete the unexpired term only, unless the unexpired term is for a period of time less than six months. In that event the appointed member shall then
be allowed to serve the following full regular term without reappointment. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become
effective immediately upon passage on second and final reading and shall also apply to all appointments made at the Commission meeting where this was heard during first reading. PASSED
AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2012. ______________________________________ ATTEST: M A Y O R _______________________________
City Clerk First Reading____________________ Second Reading__________________
MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: May 7, 2012 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF MAY 15, 2012 ORDINANCE NO.
15-12 ITEM BEFORE COMMISSION The item before the City Commission is approval of Ordinance No. 15-12. BACKGROUND This Ordinance provides that appointments to fill board vacancies, where
the vacancy is for an unexpired term of six months or less, shall also result in the appointment of the person to the next regular full term. This Ordinance, if adopted shall apply to
all board appointments made at the May 15, 2012 Commission meeting and thereafter. RECOMMENDATION The City Attorney recommends approval of Ordinance No. 15-12. Coversheet Page 1 of 1
http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=5595&MeetingID=377 5/30/2012
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 30, 2012 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF JUNE 5, 2012 ORDINANCE NO.
17-12 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider approval of a privately-initiated amendment to Land Development Regulations (LDR) Section
4.4.11, “NC (Neighborhood Commercial) District”, Subsection (F), “Development Standards”, Subsection (G), “Supplemental District Regulations”, and Subsection (H), “Special Regulations”,
to modify the regulations for properties within the Wallace Drive Overlay District. BACKGROUND At the first reading on May 15, 2012, the Commission passed Ordinance No. 17-12. RECOMMENDATION
Recommend approval of Ordinance No. 17-12 on second and final reading.
ORDINANCE NO. 17-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION
4.4.11, “NEIGHBORHOOD COMMERCIAL (NC) DISTRICT”, SUBSECTION (F), “DEVELOPMENT STANDARDS”, SUBSECTION (G), “SUPPLEMENTAL DISTRICT REGULATIONS”, AND SUBSECTION (H), “SPECIAL REGULATIONS’,
TO MODIFY THE REGULATIONS FOR PROPERTIES WITHIN THE WALLACE DRIVE OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to
LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on April 16, 2012 and voted 4 to 0 to recommend that the changes be approved;
and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report;
and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the goals, policies, and objectives of the Comprehensive Plan. NOW, THEREFORE, BE
IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section
4.4.11, “Neighborhood Commercial (NC) District”, Subsection (F), “Development Standards”, of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is
hereby amended to read as follows: (F) Development Standards: In addition to the development standards set forth in Section 4.3.4, the following shall apply: (1) Maximum site area of
two (2) acres
2 ORD. NO. 17-12 (2) Special Landscape Area: Within the first ten feet (10') of the front yard setback area (abutting the property line) full landscaping shall be provided. Driveways
and sidewalks shall be accommodated only when generally perpendicular to the property line. (3) Any Except in the Wallace Drive Overlay District, as defined in Section 4.5.8(A), any
free-standing structure which accommodates a principal or conditional use shall have a minimum floor area of 4,000 square feet. (4) Wallace Drive Overlay District Development Standards:
Within the Wallace Drive Overlay District, as defined in Section 4.5.8(A), the Development Standards depicted in the Section 4.3.4(K) Development Standards Matrix, shall be the same
as those of the MIC (Mixed Industrial and Commercial) zoning district. Section 3. That Section 4.4.11, “Neighborhood Commercial (NC) District”, Subsection (G), “Supplemental District
Regulations”, of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (G) Supplemental District Regulations: The
In addition to the supplemental district regulations as set forth in Article 4.6, the following shall apply. (1) Within the Wallace Drive Overlay District, as defined in Section 4.5.8(A),
the maximum Floor Area Ratio (FAR) is 0.25. Section 4. That Section 4.4.11, “Neighborhood Commercial (NC) District”, Subsection (H), “Special Regulations”, of the Land Development Regulations
of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (H) Special Regulations: (1) The Except in the Wallace Drive Overlay District, as defined
in Section 4.5.8(A), the maximum area devoted to a single tenant for office or service uses shall not exceed 2,000 sq. ft. in floor area. Notwithstanding the above, banks or similar
financial institutions excluding drive-through bank facilities, may not exceed 6,000 sq. ft. The intent of these restrictions is to maintain the center at the neighborhood scale. (2)
The Except in the Wallace Drive Overlay District, as defined in Section 4.5.8(A), the maximum floor area which can be allocated to a single retail use, or groups of similar (retail,
office, services) principal uses, shall not exceed 10,000 square feet. (3) Outdoor storage of any kind is prohibited, except as permitted herein. (4) 24-Hour or late night businesses
as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(VV).
3 ORD. NO. 17-12 Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances
or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon its passage on second and final
reading. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2012. ____________________________________ ATTEST M A Y O R __________________
_____________ City Clerk First Reading__________________ Second Reading________________
MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: May 8, 2012 SUBJECT:
AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF MAY 15, 2012 ORDINANCE NO. 17-12 ITEM BEFORE COMMISSION Approval of a privately-initiated amendment to the Land Development Regulations
(LDRs) that will modify the development standards and other regulations in the Neighborhood Commercial (NC) District for properties located within the Wallace Drive Overlay District.
BACKGROUND The proposed amendment is to support development of a neighborhood commercial center at the southeast corner of SW 10th Street and SW 10th Avenue. On April 17, 2012, the City
Commission approved a small-scale Comprehensive Plan amendment, rezoning to Neighborhood Commercial and modification of the Wallace Drive Redevelopment Plan to support the project known
as 10th & 10th Center. Under the proposed text amendment, the following changes are being made within the Neighborhood Commercial Zoning District: The development standards (lot size,
setbacks, etc.) depicted in the Section 4.3.4(K) Development Standards Matrix will be the same as those in the MIC (Mixed Industrial and Commercial) district. The MIC development standards
were already being applied on the subject property under the previous LI (Light Industrial) zoning in the Wallace Drive Overlay District. The requirement for structures to have a minimum
of 4,000 square feet is being eliminated within the Wallace Drive Overlay District. This requirement was also eliminated within the previous LI zoning district in the Wallace Drive Overlay
District. The maximum Floor Area Ratio (FAR) on the property is limited to 0.25 within the Wallace Drive Overlay District. This restriction implements the corresponding small-scale
comprehensive plan amendment processed for the subject property. The 2,000 square feet maximum floor area devoted to office or similar uses is being eliminated within the Wallace Drive
Overlay District. Since office uses are still appropriate in the area and Coversheet Page 1 of 2 http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=5597&MeetingID=377 5/30/2012
would have been permitted under the previous Light Industrial zoning, this restriction is unnecessary. The 10,000 maximum floor area for a single retail or group of similar uses is
being eliminated within the Wallace Drive Overlay District. The property’s location within the Wallace Drive Industrial Area supports the development of a structure larger than 10,000
square feet. It is noted, however, that development of the subject property is still limited by the 0.25 maximum FAR which will permit a maximum of 16,220 square feet. Final action on
this text amendment by the City Commission may not occur until after the small-scale comprehensive plan amendment becomes effective, 31 days after its adoption (May 18, 2012), unless
the amendment is challenged. If the Comprehensive Plan Amendment is challenged within 30 days after adoption, final reading on this text amendment will be delayed until the State Land
Planning Agency or the Administration Commission, respectively, issues a final order determining that the adopted amendment is in compliance. REVIEW BY OTHERS The Planning and Zoning
Board reviewed the item at its April 16, 2012 meeting. No one from the public spoke on the amendment and the Board made a recommendation of approval on a 4-0 vote. RECOMMENDATION By
motion, approve Ordinance No. 17-12 on first reading for a privately-initiated amendment to the Land Development Regulations (LDRs) that will modify the development standards and other
regulations in the Neighborhood Commercial (NC) District for properties located within the Wallace Drive Overlay District, by adopting the findings of fact and law contained in the staff
report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Coversheet Page
2 of 2 http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=5597&MeetingID=377 5/30/2012
PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: APRIL 16, 2012 AGENDA NO: V.A AGENDA ITEM: CONSIDERATION OF A PRIVATELY-INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION
4.4.11, “NC (NEIGHBORHOOD COMMERCIAL) DISTRICT”, SUBSECTION 4.4.11(F), “DEVELOPMENT STANDARDS”, SUBSECTION 4.4.11(G), “SUPPLEMENTAL DISTRICT REGULATIONS”, AND SUBSECTION 4.4.11(H), “SPECIAL
REGULATIONS”, TO MODIFY THE REGULATIONS FOR PROPERTIES WITHIN THE WALLACE DRIVE OVERLAY DISTRICT. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City
Commission regarding a privately-initiated amendment to Land Development Regulations (LDRs) that will modify the development standards and other regulations in the Neighborhood Commercial
(NC) District for properties located within the Wallace Drive Overlay District. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made
until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS The Wallace Drive Redevelopment Plan, approved in 2004, called for the area between Wallace
Drive and SW 9th Avenue to be rezoned from R-1-A (Single Family Residential) to LI (Light Industrial). There are 36 parcels in this area with an average size of 10,307 square feet. Given
its location, the (LI) Light Industrial zoning district was chosen as the most appropriate designation for the area in terms of permitted uses. This district allows uses compatible with
those on the adjacent MIC (Mixed Industrial & Commercial) zoned properties to the west and serves as a transition zone between the more intense MIC zone and adjacent residential development
to the east. Although the Redevelopment Plan encourages the aggregation of parcels, accommodations were necessary to allow development on smaller parcels where aggregation would not
be possible. Of the 36 parcels rezoned to LI (Light Industrial), only 3 parcels meet the minimum lot size requirement of 20,000 square feet and only 6 meet the 100’ frontage requirement.
To address this issue, the Redevelopment Plan called for the creation of the Wallace Drive Overlay District with modified development standards to reduce the minimum development area,
lot size, lot dimensions and tenant space requirements. These modifications were adopted by the City Commission on February 3, 2004. The proposed amendment is to support development
of a neighborhood commercial center at the southeast corner of SW 10th Street and SW 10th Avenue. The applicant is currently processing a small-scale Comprehensive Plan amendment, rezoning
to Neighborhood Commercial and modification of the Wallace Drive Redevelopment Plan to support the project, known as 10th & 10th Center. The Planning and Zoning Board unanimously recommended
approval of those actions at its meeting of March 19, 2012.
Planning and Zoning Board Meeting, April 16, 2012 LDR Text Amendment -Neighborhood Commercial District in Wallace Drive Overlay District 2 Under the proposed text amendment, the following
changes are being made within the Neighborhood Commercial Zoning District: The development standards (lot size, setbacks, etc.) depicted in the Section 4.3.4(K) Development Standards
Matrix will be the same as those in the MIC (Mixed Industrial and Commercial) district. The MIC development standards are already being applied on the subject property within the LI
(Light Industrial) zoning district in the Wallace Drive Overlay District. The requirement for structures to have a minimum of 4,000 square feet is being eliminated within the Wallace
Drive Overlay District. This requirement was also eliminated within the existing LI zoning district in the Wallace Drive Overlay District. The maximum Floor Area Ratio (FAR) on the property
is limited to 0.25 within the Wallace Drive Overlay District. This restriction implements the corresponding small-scale comprehensive plan amendment processed for the subject property.
The 2,000 square feet maximum floor area devoted to office or similar uses is being eliminated within the Wallace Drive Overlay District. Since office uses are still appropriate in the
area and would have been permitted under the existing Light Industrial zoning, this restriction is unnecessary. The 10,000 maximum floor area for a single retail or group of similar
uses is being eliminated within the Wallace Drive Overlay District. The property’s location within the Wallace Drive Industrial Area supports the development of a structure larger than
10,000 square feet. It is noted, however, that development of the subject property is still limited by the 0.25 maximum FAR which will permit a maximum of 16,220 square feet. To accommodate
the applicant’s desire to expedite the process, the proposed text amendment is coming before the Planning and Zoning Board prior to final action by the City Commission on the proposed
small-scale comprehensive plan amendment and rezoning, which is scheduled for April 17, 2012. Final action on this text amendment by the City Commission will not occur until after the
31 day mandatory appeal period for the comprehensive plan amendment. If the rezoning of the subject property from LI (Light Industrial) to NC (Neighborhood Commercial) is ultimately
denied by the City Commission, this text amendment will be withdrawn. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission
make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. While there were no specific sections of the Comprehensive
Plan to support the proposed amendment, it is not inconsistent with the Comprehensive Plan. Therefore, a positive finding can be made with respect to LDR Section 2.4.5(M)(5). REVIEW
BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: Neighborhood Advisory Council
Planning and Zoning Board Meeting, April 16, 2012 LDR Text Amendment -Neighborhood Commercial District in Wallace Drive Overlay District 3 Delray Citizens’ Coalition) Delray Beach Heights
Southridge Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed ordinance will modify the regulations
in the NC zoning district for properties within the Wallace Drive Overlay District. Although staff does not support the proposed Neighborhood Commercial Zoning on the subject property,
based on a loss of light Industrial zoning in the City, that is a separate issue. Given the Planning and Zoning Board’s recommendation of approval for the rezoning, it is appropriate
for the Board to recommend approval of this text amendment to support the rezoning. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive
Plan, and is not inconsistent with them. Therefore, a positive finding can be made with respect to LDR Section 2.4.5(M)(5). ALTERNATIVE ACTIONS A. Continue with direction. B. Move a
recommendation of approval to the City Commission of an amendment to Land Development Regulations Section 4.4.11, “NC (Neighborhood Commercial) District”, Subsection 4.4.11(F), “Development
Standards”, Subsection 4.4.11(G), “Supplemental District Regulations”, and Subsection 4.4.11(H), “Special Regulations”, to modify the regulations for properties within the Wallace Drive
Overlay District, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive
Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of an amendment to Land Development Regulations Section 4.4.11,
“NC (Neighborhood Commercial) District”, Subsection 4.4.11(F), “Development Standards”, Subsection 4.4.11(G), “Supplemental District Regulations”, and Subsection 4.4.11(H), “Special
Regulations”, to modify the regulations for properties within the Wallace Drive Overlay District, by adopting the findings of fact and law contained in the staff report, and finding
that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative).
RECOMMENDED ACTION Move a recommendation of approval to the City Commission of an amendment to Land Development Regulations Section 4.4.11, “NC (Neighborhood Commercial) District”, Subsection
4.4.11(F), “Development Standards”, Subsection 4.4.11(G), “Supplemental District Regulations”, and Subsection 4.4.11(H), “Special Regulations”, to modify the regulations for properties
within the Wallace Drive Overlay District, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent
with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: Proposed Text Amendments
MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: May 29, 2012 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JUNE 5, 2012 ORDINANCE NO.
16-12 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 16-12 which provides for modifications to the Police/Fire Pension Ordinance. BACKGROUND The City of
Delray Beach Police and Fire Pension Board requested certain changes to our City ordinance regarding the police/fire pension plan in order to implement certain provisions of state law,
the Internal Revenue Code and the decision in the case of the Department of Management Services v. City of Delray Beach. The Pension Board has also proposed changes that are not required
by state or federal law but would require a policy determination by the Commission. Jim Linn, the City’s pension attorney, has also reviewed the proposed ordinance, see attached memo.
I have highlighted the areas where staff has a question or concern regarding the proposed language. They are: 33.60 – the highlighted words in the definition of “Earnings” was proposed
by Jim Linn in an effort to clarify the language. 33.61 – It is suggested that paragraph 3(b) be removed as the Civil Service Board does not have jurisdiction over these employees. 33.65
– The pension board requested changes to allow the fire/police chief or their designees to sit on the board and to extend the terms of board members from 2 to 4 years. This request is
not required by State law or the IRS. 33.73 – The pension board requested this section be added regarding the termination of the plan. Staff’s concern is that this primarily duplicates
State law and that we should just provide a statement that we will follow State law as it relates to the termination of the plan. The Commission will need to give direction when approving
the ordinance on first reading regarding the highlighted language. RECOMMENDATION Commission discretion.
ORDINANCE NO. 16-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33 "POLICE AND FIRE-RESCUE DEPARTMENTS", SECTION 33.60, "DEFINITIONS" ;
SECTION 33.61, "MEMBERSHIP CONDITIONS OF ELIGIBILITY; APPLICATION"; SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY"; SECTION 33.63, "OPTIONAL FORMS OF BENEFITS"; SECTION 33.64, "CONTRIBUTIONS";
SECTION 33.65, "ADMINISTRATION"; SECTION 33.66, "FINANCES AND FUND MANAGEMENT"; SECTION 33.689, "RETIREMENT BENEFIT ENHANCEMENT"; SECTION 33.70, “DIRECT TRANSFERS OF ELIGIBLE ROLLOVER
DISTRIBUTIONS”; AND CREATING SECTION 33.73, "TERMINATION OF THE SYSTEM", TO IMPLEMENT AND COMPLY WITH CHAPTER 2009-97, LAWS OF FLORIDA; CHAPTER 2011-216; AND THE INTERNAL REVENUE CODE;
AND TO COMPLY WITH A COURT DECISION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to amend the City Police And Firefighters
Retirement System as set forth in Chapter 33 of the City Code to implement certain provisions of Chapter 2009-97, Laws of Florida; Chapter 2011-216, Laws of Florida; the Internal Revenue
Code; and the decision of the court in State of Florida Dept. Mgt. Svs. v. City of Delray Beach, Florida, 40 So. 3d 835 (Fla. 1st DCA 2010). BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.60 “Definitions”, of the Code of Ordinances of the City of
Delray Beach is hereby amended to read as follows: Sec. 33.60. -DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
2 Ord No. 16-12 Average monthly earnings. One thirty-sixth of the arithmetical average for the highest consecutive thirty-six-month period preceding the actual retirement or termination
of a member; provided, however, the benefit derived shall not be less than the benefit that would have been paid based on a definition of average monthly earnings of one twenty-fourth
of the arithmetical average for the highest consecutive twenty-four-month period, as calculated prior to the effective date of Ordinance No. 17-04. In addi t ion to other appl icable
l imi tat ions set forth in the plan, and notwithstanding any other provisions of the plan to the contrary, for the plan years beginning on or after January 1, 1996, the annual compensation
of each Member taken into account under the plan shall not exceed the annual compensation limit of Section 401(a)(17)(B) of the Internal Revenue Code, as amended for cost of living increases,
which is incorporated herein by reference. Earnings. Prior to October 1, 2006, earnings shall mean base Basic wages paid to a member, including state education compensation, police basic
education and police and fire career education compensation, but excluding overtime, bonuses and any other payments. Effective October 1, 2006, earnings for firefighter members shall
mean base wages paid to the member including state education compensation and fire career education compensation, but excluding overtime, bonuses and any other payments. Effective October
1, 2006, earnings for police officer members, earnings shall mean base wages paid to the member including state education compensation, police basic education, police career education
compensation and up to twenty-five (25) hours of overtime compensation per fiscal year, but excluding bonuses and any other payments. Section 2. That Chapter 33, “Police and Fire-Rescue
Departments”, Section 33.61, “Membership, Conditions of Eligibility; Application”, of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.61.
MEMBERSHIP; CONDITIONS OF ELIGIBILITY; APPLICATION. (A) Conditions of eligibility. (1) Employees, as defined in Section 33.60, who are covered under the retirement program provided under
F.S. Chapters 175 and 185, as of the effective date, shall become members of this system.
3 Ord No. 16-12 (2) Any employee who is a member of the City's retirement plan for general employees at the time of adoption of this retirement system may become a member of this system
provided he elects to transfer his employee contribution account from the retirement plan for general employees to this system, which he is authorized to do by this subchapter, and provided
he also deposits to the Trust Fund, on the basis of procedures established by the Board of Trustees, an amount equal to the additional moneys he would have contributed had he always
been covered under F.S. Chapters 175 and 185, plus interest in an amount to be determined by the Board. (3) Any other employee shall, as a condition of employment, become a member upon
employment, provided that: (a) The employee satisfactorily completes all required medical examinations for an employee of his classification, including any examination prescribed by
the Board; and (b) T the employee meets all requirements of the Civil Service Board of the City. However, for purposes of disability benefits hereunder, the Board may declare anyone
becoming a member under subsection (A)(3) of this Section to be permanently ineligible, but only at the time of initial membership, and only in the event that any medical examination
under subsection (A)(3)(a) of this Section reveals a condition or symptom which has previously been determined by the Board to render members not eligible for disability. A determination
by the Board as to disqualifying conditions and symptoms must be reflected in prior Board minutes, and a declaration of a member's ineligibility must be recorded in the Board's minutes
and noted on the member's application form. (B) Application. Each eligible employee shall complete an application form covering the following points, as well as any other points or items
as may be prescribed by the Board. (1) The employee's acceptance of the terms and conditions of the retirement system, including an initialing of any declaration of ineligibility for
disability benefits; (2) The employee's designation of a beneficiary; and (3) Authorization of a seven and thirty three hundredths (7.33) percent payroll
4 Ord No. 16-12 deduction payable to the system, effective October 1, 1989 in the amount provided for in Section 33.64 (A). (C) Change in Designation of Beneficiary. (1) A member, including
a member who has elected to participate in the Deferred Retirement Option Plan pursuant to Section 33.685, shall designate the joint pensioner annuitant or beneficiary to receive the
benefit, if any, payable under the plan in the event of the member's death, on a form provided by the Board of Trustees. (2) The member may revoke or change the designation of a joint
pensioner annuitant or beneficiary at any time prior to the commencement of retirement income or benefits, or prior to the member's entry into the Deferred Retirement Option Plan, by
submitting such change in writing on a form provided by the Board of Trustees. (3) A retired member, including a retired member who retired prior to the effective date of this ordinance
[December 31, 1999], is a participant in the Deferred Retirement Option Plan may also change the designation of the member's a joint pensioner annuitant or beneficiary after the commencement
of retirement income or benefits up to two times without the approval of the Board of Trustees. Any additional changes must be approved by the Board of Trustees. A retiree need not provide
proof of the good health of the joint annuitant or beneficiary being removed, and the joint annuitant or beneficiary being removed need not be living. The consent of the retiree's joint
annuitant or beneficiary to any change in such designation shall not be required. subject to approval by the Board of Trustees, and in accordance with the following: (1) The member must
pay the full cost of determining the equivalent actuarial value of the benefit payable. (2) The consent of a member’s joint pensioner or beneficiary to any such change in such designation
shall not be required. (3) The amount of retirement income payable to the member upon the designation of a new joint pensioner annuitant shall be actuarially redetermined, taking into
account the benefits already received by the member, and the age and sex of the former joint pensioner, annuitant the new joint pensioner annuitant and the member. (4) Each designation
of a joint pensioner annuitant or beneficiary shall be made in writing on a form provided by the Board of Trustees. (5) Upon a change in designation of joint pensioner annuitant or beneficiary,
the rights of all previously designated joint pensioner annuitants or beneficiaries to receive any benefit under the system shall cease.
5 Ord No. 16-12 Section 3. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.62, “Benefit Amounts and Eligibility”, of the Code of Ordinances of the City of Delray Beach
is hereby amended to read as follows: * * * * (J) Required Payment of Pension Benefits. Pension benefits shall begin no later than April 1 of the calendar year following the calendar
year in which the member retires, or in which the member attains age seventy and one-half (70 1/2), even if the member has not filed a claim for pension benefits. In addition, payment
of benefits shall be made in accordance with the applicable provisions of Section 401(a)(9) of the Internal Revenue Code, which is incorporated herein by reference. Notwithstanding any
other provision of this plan to the contrary, a form of retirement income payable from this plan, shall satisfy the following conditions: (1) If the retirement income is payable before
the member's death: a. It shall either be distributed or commence to the member not later than April 1 of the calendar year following the later of the calendar year in which the member
attains age 70 1/2, or the calendar year in which the member retires; b. The distribution shall commence not later than the calendar year defined above; and (i) shall be paid over the
life of the member or over the lifetimes of the member and spouse, issue or dependent, or (ii) shall be paid over the period extending not beyond the life expectancy of the member and
spouse, issue or dependent. Where a form of retirement income payment has commenced in accordance with the preceding paragraphs and the member dies before his entire interest in the
plan has been distributed, the remaining portion of such interest in the plan shall be distributed no less rapidly than under the form of distribution in effect at the time of the member's
death. (2) If the member's death occurs before the distribution of his interest in the plan has commenced, member's entire interest in the plan shall be distributed within five years
of member's death, unless it is to be distributed in accordance with the following rules: a. The member's remaining interest in the plan is payable to his spouse, issue or dependent;
b. The remaining interest is to be distributed over the life of the spouse,
6 Ord No. 16-12 issue or dependent or over a period not extending beyond the life expectancy of the spouse, issue or dependent; and c. Such distribution begins within one year of the
member's death unless the member's spouse, is the sole designated beneficiary, in which case the distribution need not begin before the date on which the member would have attained age
70 1/2 and if the member's spouse dies before the distribution to the spouse begins, this section shall be applied as if the spouse were the member. Section 4. That Chapter 33, “Police
and Fire-Rescue Departments”, Section 33.63, “Optional Forms of Benefits”, of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.63. OPTIONAL
FORMS OF BENEFITS. Each member entitled to a normal, early or disability retirement benefit shall have the right at any time prior to his actual retirement to elect to have his benefit
payable under any one of the options hereinafter set forth in lieu of the benefits otherwise provided herein, and to revoke any elections and make a new election at any time prior to
actual retirement. The value of optional benefits shall be actuarially equivalent to the value of benefits otherwise payable. The member shall make an election by written request to
the Board of Trustees, this request being retained in the Board's files. (A) Option 1. Joint and Last Survivor Option. A retiring member may elect to receive an actuarially adjusted
retirement benefit during his lifetime and have such retirement benefit (including seventy-five (75) percent, sixty-six and sixty-six one hundredths (66.66) percent or fifty (50) percent
thereof) continued after his death to and during the lifetime of a designated joint annuitant pensioner. The election of Option 1 shall be null and void if the designated joint annuitant
pensioner dies before the member's retirement, unless the member designates another joint annuitant pensioner in accordance with Subsection 33.61(C). In addition, the member may elect
to add a "pop-up" feature to his joint and survivor option, then, upon the death of his joint annuitant pensioner, the amount of his monthly payment will be increased to the amount of
a straight life annuity and such amount will be payable as of the first day of each month after the death of his joint annuitant pensioner for the remainder of his lifetime. A member
electing to add the pop-up feature to his joint and survivor option will have his monthly benefit under this Option 1 actuarially reduced to take into account the addition of the pop-up
feature.
7 Ord No. 16-12 Section 5. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.64, “Contributions”, of the Code of Ordinances of the City of Delray Beach is hereby amended
to read as follows: Sec. 33.64. CONTRIBUTIONS. (A) Member Contributions. (2) Effective October 1, 1989, the City shall pick up the member contribution required by subsection (A)(1) above.
The contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code. The City shall pick up the member
contributions from funds established and available in the salaries account, which funds would have otherwise been designated as member contributions and paid to the pension fund. Member
contributions picked up by the City pursuant to this subdivision shall be treated for purposes of making a refund of member contributions, and for all other purposes of this and other
laws, in the same manner and to the same extent as member contributions made prior to the effective date of this subdivision. The intent of this subdivision is to comply with Section
414(h)(2) of the Internal Revenue Code. No employee shall have the option of choosing to receive the contributed amounts directly instead of having them paid by the City to the System.
Section 6. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.65, “Administration” of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows:
Sec. 33.65. ADMINISTRATION. (A) The general administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this subchapter
are vested in a Board of Trustees consisting of nine (9) persons as follows: (1) The Mayor; or upon the Mayor's designation, the Assistant City Manager;
8 Ord No. 16-12 (2) Two (2) public members, one of whom may be a City Commissioner, to be appointed by the City Commission as hereinafter provided; (3) The Fire Chief or, in the event
of the Fire Chief’s termination of participation in the system, a firefighter designated by the Fire Chief; (4) The Police Chief or, in the event of the Police Chief’s termination of
participation in the system, a police officer designated by the Police Chief; (5) Two (2) members of the Fire Department to be elected as hereinafter provided; (6) Two (2) members of
the Police Department to be elected as hereinafter provided. (B) The term of office of each appointed and elected trustee shall be two (2) years except that the initial terms within
each category above shall be for two (2) and three (3) years. The initial terms shall commence on the effective date of this system. Initially in each elective category, the trustee
receiving the most votes shall serve a three-year term, the second most votes a two-year term. Beginning with the next election or appointment of trustees which occurs on or after [insert
the effective date of this Ordinance here], the term of office for each trustee appointed and elected after [insert effective date of this Ordinance here] shall be four (4) years. Section
7. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.66, “Finances and Fund Management” of the Code of Ordinances of the City of Delray Beach is hereby amended to read
as follows: Sec. 33.66. FINANCES AND FUND MANAGEMENT. (E) The Board of Trustees shall have the following investment powers and authority: (3) Notwithstanding any limitation provided
in Chapter 175 or Chapter 185, Florida Statutes, or any limitation or condition contained in Section 215.47, Florida Statutes, the Board of Trustees may invest and reinvest pension fund
assets in such securities, investment vehicles and property wherever situated and of whatever kind, as the Board shall approve in the exercise of its fiduciary duty and authority, including
but not limited to
9 Ord No. 16-12 common or preferred stocks, bonds and other evidences of indebtedness or ownership. In no event, however, shall more than ten (10) percent of the assets of the fund,
at cost, be invested in foreign securities; provided, if state law is amended to allow investments in foreign securities of fifteen (15) or more percent of fund assets, t The Board may
invest up to twenty-five (25) fifteen (15) percent of fund assets, at cost on a market-value basis in foreign securities. Section 8. That Chapter 33, “Police and Fire-Rescue Departments”,
Section 33.689, “Retirement Benefit Enhancement” of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.689. -RETIREMENT BENEFIT ENHANCEMENT.
(A.) Effective October 1, 1994, the benefits paid to eligible retirees or their beneficiaries shall be adjusted as provided in this Section. For the purpose of this Section, "eligible
retirees" are members who retired or terminated employment after September 30, 1993, and whose date of hire as a City Police Officer or Firefighter was twenty-five (25) or more years
prior to the benefit adjustment date. The benefits payable under the system to all eligible retirees or their beneficiaries shall be based on the amount of insurance premium tax revenues
received by the City for the preceding plan year pursuant to chapters 175 and 185, Florida Statutes. A minimum benefit increase of one percent per year will be provided, regardless of
the amount of premium tax revenues received by the City. (B.) Firefighter retirees. To the extent total annual premium tax revenues received pursuant to Chapter 175, Florida Statutes,
exceed one hundred ninety seven thousand nine hundred ninety-five dollars ($197,995.00) five hundred four thousand nine hundred twenty two dollars ($504,922.00), the annual one percent
minimum adjustment for firefighter retirees will be increased in increments of one-tenth of one percent, based on the actuary's determination that the amount of the excess premium tax
revenues is sufficient to fund the benefit increase on an actuarially sound basis. The maximum amount of the total annual benefit increase shall not exceed four (4) percent, regardless
of the amount of premium tax revenues received by the City. The annual benefit adjustment provided under this Section shall be compounded annually (i.e. the increase shall be based on
the benefits received by plan members and beneficiaries at the end of the preceding plan year). The benefits payable under the system to all eligible retirees or their beneficiaries
shall be adjusted annually on the anniversary of the retiree’s first benefit payment. Disability retirees and their beneficiaries are not eligible to receive the retirement benefit enhancement.
(C.) Police officer retirees. To the extent annual premium tax revenues received pursuant to Chapter 185, Florida Statutes, exceed three hundred six thousand nine hundred twenty-seven
dollars ($306,927.00) and are less than four hundred
10 Ord No. 16-12 forty-six thousand four hundred and seven dollars ($446,407.00), the annual one percent minimum adjustment for police officer retirees will be increased in increments
of one-tenth of one percent, based on the actuary's determination that the amount of such premium tax revenues is sufficient to fund the benefit increase on an actuarially sound basis.
The maximum amount of the total annual benefit increase shall not exceed four (4) percent, regardless of the amount of premium tax revenues received by the City. Annual premium tax revenues
received pursuant to Chapter 185, Florida Statutes, in excess of four hundred fortysix thousand four hundred and seven dollars ($446,407.00) shall be used to provide for the inclusion
of overtime compensation, up to a maximum of three hundred hours per year, that the actuary for the plan determines may be funded on an actuarially sound basis entirely with annual Chapter
185 premium tax revenues in excess of four hundred forty-six thousand four hundred and seven dollars ($446,407.00). When the actuary for the plan determines that adequate premium tax
revenues received pursuant to Chapter 185 in excess of four hundred forty-six thousand four hundred and seven dollars ($446,407.00) annually have been allocated to fully fund on an actuarially
sound basis the inclusion of three hundred hours of overtime compensation annually in the earnings of active police officers who are not participating in the Deferred Retirement Option
Plan, then all future additional premium tax revenues shall be used to provide the annual benefit adjustment for police officer retirees. (D) The annual benefit adjustment provided under
this Section shall be compounded annually (i.e. the increase shall be based on the benefits received by plan members and beneficiaries at the end of the preceding plan year). The benefits
payable under the system to all eligible retirees or their beneficiaries shall be adjusted annually on the anniversary of the retiree's first benefit payment. Disability retirees and
their beneficiaries are not eligible to receive the retirement benefit enhancement. Section 9. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.70, “Direct Transfers
of Eligible Rollover Distributions” of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.70. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS.
(B) Definitions. (1) Eligible Rollover Distribution. Any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution
does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for life (or life expectancy) of the distributee
or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period often (10) years or more; any distribution
to the
11 Ord No. 16-12 extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code; and the portion of any distribution that is not includable in gross income.
(2) Eligible Retirement Plan. An eligible retirement plan is an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity
described in Section 408(b) of the Internal Revenue Code, an annuity plan described in Section 403 (a) of the Internal Revenue Code, a qualified trust described in Section 401 (a) of
the Internal Revenue Code, an eligible deferred compensation plan described in Section 457(b) of the Internal Revenue Code which is maintained by an eligible employer described in Section
457(e)(1)(A) of the Internal Revenue Code, or an annuity contract described in Section 403 (b) of the Internal Revenue Code, that accepts the distributee's eligible rollover distribution.
(3) Distribute. A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving spouse is a distributee with regard to the interest
of the spouse. Effective as of January 1, 2008, an Employee's or former Employee's non-spouse Beneficiary is a distributee with regard to the interest of the Employee or former Employee.
(4) Direct Rollover. A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. Effective as of January 1, 2008, a non-spouse Beneficiary
may make a direct rollover only to an "inherited" individual retirement account as described in Section 408(b) of the Internal Revenue Code. Section 10. That Chapter 33, “Police and
Fire-Rescue Departments”, Section 33.73, “Termination of the System” of the Code of Ordinances of the City of Delray Beach is hereby enacted to read as follows: Sec. 33.73. TERMINATION
OF THE SYSTEM. (A) It is the intent of the City of Delray Beach that this Retirement System be permanent and remain in effect for an indefinite period. If the City, by ordinance of the
City Commission, terminates the System or provides written notice to the Board of Trustees that contributions to the System are being permanently discontinued, the rights of all members
to benefits accrued to the date of such termination and the amounts credited to the members' accounts are deemed to be 100% vested and non-forfeitable. Thereafter, the Fund shall be
distributed in accordance with the following procedures: (1) The Board of Trustees shall determine the date of the distribution and the asset value required to fund all nonforfeitable
benefits, after taking into account the
12 Ord No. 16-12 expenses of the distribution. The Board of Trustees shall inform the City if additional assets are required, in which event the City shall continue to financially support
the system until all nonforfeitable benefits have been funded. (2) The Board of Trustees shall determine the method of distribution of the asset value, whether distribution shall be
by payment in cash, by the maintenance of another or substituted trust fund, by the purchase of insured annuities, or otherwise, for each member entitled to benefits under the System,
as specified in subsection (3) below. (3) The Board of Trustees shall distribute the asset value as of the date of termination in the manner set forth in this subsection, on the basis
that the amount required to provide any given retirement income is the actuarially computed single-sum value of such retirement income, except that if the method of distribution determined
under subsection (2) involves the purchase of an insured annuity, the amount required to provide the given retirement income is the single premium payable for such annuity. The actuarial
single-sum value may not be less than the member's accumulated contributions to the System, with interest if provided by the system, less the value of any System benefits previously
paid to the member. (4) If there is asset value remaining after the full distribution specified in subsection (3), and after payment of any expenses incurred with such distribution such
excess shall be returned to the City, less return to the state of the state's contributions, provided that, if the excess is less than the total contributions made by the City and the
state to date of termination of the System, such excess shall be divided proportionately to the total contributions made by the City and the state. (5) The Board of Trustees shall distribute,
in accordance with the manner of distribution determined under subsection (2), the amounts determined under subsection (3). (6) If, after 24 months after the date on which the System
terminated, or the date the Board of Trustees received written notice that the contributions thereunder were being permanently discontinued, the City or the Board of Trustees has not
complied with all the provisions in this section, the Florida Department of Management Services shall effect the termination of the System in accordance with this section. (B) No benefit
provided hereunder shall be assignable or subject part of the corpus or
13 Ord No. 16-12 income of the fund to be used for, or diverted to, purposes other than for the exclusive benefit of members and their beneficiaries and until those liabilities are satisfied,
all contributions will remain in the fund for the benefit of the members or beneficiaries in the event the fund is terminated. If it is determined by the City Commission that this Retirement
System be terminated it shall be terminated in accordance with State law as set forth in Chapters 175 and 185, as those Chapters now exist and as they may be amended in the future. Section
11. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 12. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed. Section 13. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED
in regular session on second and final reading on this the _____ day of ___________________, 2012. _________________________________ Mayor ATTEST: _______________________________ City
Clerk First Reading __________________ Second Reading ________________
MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: May 25, 2012 SUBJECT:
AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF JUNE 5, 2012 ORDINANCE NO. 18-12 ITEM BEFORE COMMISSION The item before the City Commission is consideration of a rezoning from RM (Multiple
Family Residential) to CF (Community Facilities) for the Neighborhood Resource Center Expansion located at 133 SW 12th Avenue. BACKGROUND The action requested of the City Commission
is approval of a zoning change from RM (Medium Density Residential) to CF (Community Facilities) for Lots 9 & 10, Block 6 Atlantic Gardens Delray Subdivision to accommodate the Neighborhood
Resource Center Expansion. The subject property consists of approximately 13,939 square feet. The property previously contained a 2,514 sq. ft. multiple family dwelling which was built
in 1967. This structure was demolished on July 8, 2011. The vacant parcels are currently owned by the Community Redevelopment Agency (CRA). The RM zoning district does not allow community
centers as either a principal or conditional use, thus a rezoning application is being requested to change the existing zoning designation from RM (Medium Density Residential) to CF
(Community Facilities). The expansion will occur on property immediately north of the existing Neighborhood Resource Center, which was rezoned from RM to CF, by the City Commission on
June 20, 2006 through City Ordinance No. 32-06. The proposed change seeks to apply a zoning designation which is consistent with the adjacent use and complements the needs of the neighborhood.
Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. REVIEW BY OTHERS At its meeting of May 21, 2012, the Planning and
Zoning Board held a public hearing in conjunction with the request. The Board voted 7-0 to recommend approval of the rezoning from RM to CF,by adopting the findings of fact and law contained
in the staff report, and a finding that the request is
consistent with the Comprehensive Plan and the Southwest Area Neighborhood Development Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development
Regulations. The Board did emphasize the need to look at the adequacy of on-site parking during review by the Site Plan Review and Appearance Board (SPRAB). RECOMMENDATION Move approval
of the rezoning from RM (Multiple Family Residential) to CF (Community Facilities) by adopting the findings of fact and law contained in the staff report, and finding that the request
is consistent with the Comprehensive Plan and the Southwest Area Neighborhood Redevelopment Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land
Development Regulations.
ORDINANCE NO. 18-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO CF
(COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE EAST SIDE OF SW 12TH AVENUE, 107 FEET NORTH OF SW 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown
on the Zoning District Map of the City of Delray Beach, Florida, dated January 2012, as being zoned RM (Medium Density Residential) District; and WHEREAS, at its meeting of May 21, 2012,
the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to 0 to recommend that the property hereinafter
described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts
the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District
Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for the following described property:
2 ORD NO. 18-12 Lots 9 and 10 inclusive, Block 6, Atlantic Gardens, as recorded in Plat Book 14, Page 63, of the Public Records of Palm Beach County, Florida. Section 3. That the Planning
and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section
2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder
hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2012. ____________________________________ ATTEST M A Y O R ___________________________
____ City Clerk First Reading__________________ Second Reading________________
MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler; Director, Community Improvement THROUGH: David Harden; City Manager DATE: May 31, 2012 SUBJECT: AGENDA ITEM 12.C. -REGULAR
COMMISSION MEETING OF JUNE 5, 2012 ORDINANCE NO. 20-12 ITEM BEFORE COMMISSION The item before the Commission is Ordinance No. 20-12, which increases the local business tax schedule across
the board by 5%. BACKGROUND Pursuant to Florida Statute Chapter 205, local business taxes may be increased by up to 5% every other year. The last increase in the local business tax schedule
occurred in March 2008. This ordinance modifies Section 110.15 by increasing all local business taxes by 5%. Over the next year, this increase would give the City approximately $34,000
in additional revenue. This ordinances also eliminates some outdated business tax classifications that are no longer used. RECOMMENDATION Staff recommends approval of Ordinance No. 20-12.
ORDINANCE NO. 20-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, “LOCAL BUSINESS TAXES GENERALLY”, OF THE CODE OF ORDINANCES BY AMENDING
SECTION 110.15, “LOCAL BUSINESS TAX SCHEDULE”, TO ELIMINATE OUTDATED BUSINESS CLASSIFICATIONS AND TO PROVIDE FOR AN INCREASE IN THE LOCAL BUSINESS TAX SCHEDULE; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 110.15 “Local Business Tax Schedule”, of the Code of Ordinances of the City of Delray Beach establishes the individual
business tax required to be paid annually to the City by persons engaging in or managing/transacting an occupation or profession; and WHEREAS, pursuant to Chapter 205, Florida Statutes,
the City Commission has determined it to be appropriate to increase said local business tax. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,
AS FOLLOWS: Section 1. That Chapter 110, “Local Business Taxes Generally”, of the Code of Ordinances is amended by amending Section 110.15, “Local Business Tax Schedule”, to read as
follows: The following enumerated individual local business taxes shall be paid to the City by the persons engaging in or managing or transacting the several occupations or professions
named yearly, unless otherwise specified: Classification All Fees $156.56 164.39 except as noted Abstracting Company Land title, warranty or security company. Each individual conducting
the business of abstracting title, either in part or in whole, shall pay a license tax. Academy of Music Adult Entertainment Advertising
2 ORD. NO. 20-12 Agencies, firms, associations, corporations or other persons distributing circulars, pamphlets or other advertising matter, except local merchants and theaters advertising
in this way their own goods and merchandise, shall pay an annual license tax. Advertising Agencies engaged in the business of bill posting shall pay a license tax, per year. Advertising
Office, Public Relations Alleys, Bowling, Boxball or Tenpins Each lane 25.35 26.62 Ambulance Separate from undertaking, each 88.57 93.00 Amusement Parlors or Concert Halls Apartment,
Rooming Houses Per room, excluding kitchen and bathrooms 6.37 6.69 Aquarium Armored Car Service Each vehicle 88.57 Art Gallery (1) Art Studio, workshop, classes (2) Artist, commercial
(See Retail) (3) Artist material or supplies (See Merchants) (4) Artists' outdoor sale: Each sale, first day 37.97 Each day thereafter 12.74 Astrologists, Clairvoyants, Fortune Tellers,
Palmists, Phrenologists, Spiritualists, Numerologists and Mental Healers These activities and others of a similar nature, whether or not in connection with another business charging
fees, shall pay a license tax. Athletic Club, Gymnasium/Fitness Center (Zoning) Auctioneers Auctions Auction, Real Estate Per day
3 ORD. NO. 20-12 Automatic Amusement Machines, Games or Devices, Distributor Annual Fee Note: It is understood that this shall not be construed to license or permit operation or display
of gambling devices. Automatic Games and Devices or otherwise, marble games, such as throwing balls at figures and the like, which are not elsewhere provided for in this Chapter. Each
machine or apparatus 63.21 66.37 Automatic Trade Machines Where only incentive to operate same is to procure such as gum, nuts and the like Each machine 37.97 39.87 Distributor 149.94
157.44 Automatic Weighing Machines Distributor Each machine 12.74 13.38 Automobile or Motor Vehicles, Trucks, Farm Tractors and Farm Implements, Motorcycles (1) Auto agency or dealer,
in new or used cars, motor vehicles, motorcycles, trucks, farm tractors and farm implements, with one principal place of business, not to exceed one lot for display purposes, each agency,
not to include repairs. (2) Each additional display lot. (3) Rental of vehicle not to exceed thirty (30) days as replacement for vehicles undergoing repairs by agency. Automobile (1)
Automatic car wash, not in connection with other business (2) Automobile association (See Insurance) (3) Driving school (4) Parking lots, commercial, each lot (5) Repair shop or garage,
in connection with auto agency (6) Repair shop or garage not in connection with other business (7) Self-serve car wash, first unit 50.60 53.13 Each additional unit 12.74 (8) U-Drive
rentals (9) Upholstering, tops, seat covers and the like
4 ORD. NO. 20-12 (10) Automobile used parts, dealers in, used for purposes other than junk (11) Wrecker service, towing (12) Auto detailing Automobile Service Station Washing and polishing,
greasing, lubricating and like servicing of automobiles, selling gasoline and oil, but not to include repair work and not to include the sale of merchandise required to be licensed otherwise
by ordinance under Merchants. Automobile Service Station Selling merchandise other than petroleum products used in greasing and lubricating, shall pay the Merchants license on other
merchandise in addition to the foregoing. Baby Sitter Service 75.94 82.37 Baggage or Freight Transfer Company Bakery Wholesale and retail, each store Ballrooms for Profit Banks (National
and State chartered), Savings and Loan Associations (per Section 5219 Revised Statutes 12 U.S.C. 548) Bankruptcy, Closing Out, Trustee Sale (See Fire sale) Barber Shops Beach Equipment
(Subject to bids to the Commission) Beauty Shops Bible, Holy—Solicitors Bicycle Shop, both retail and repair Billiard, Pool or Bagatelle Tables For profit, eEach table 63.21 66.37 Birds
Dealers Blueprinting Service Maps, plats and the like Boat Agencies, New/Used Each lot, not to include repairs
5 ORD. NO. 20-12 Boats for Hire Fishing, cruising or sightseeing (each boat) Boathouses Storage only Boat Marinas, Dockage, Yacht Basins Boat Repair Boiler, Machine Shops or Foundries
Bondsman, Bail Bonds Book, Magazine Solicitors Per week 63.21 66.37 Per person 25.36 26.62 Interstate commerce No fee Bookkeeper/Accountant, not C.P.A. Boot and Shoe Repair Shop Bottling
Works Brokers Stockers, [Stocks,] bonds, mortgages, customs and others Building Inspector Building and Loan Associations (See Banks) Burglar Alarm Company Bus Station, intrastate business
only Business College, Trade Schools Business Office Butcher Shop Cabinet Shop Carpet and Rug Cleaning Each location Caterers Fixed base or mobile, each truck 63.21 66.37 Ceramic Studio
Chemical Companies Christmas Tree Sales
6 ORD. NO. 20-12 Season only, each lot Citrus Fruits and Vegetable Retail (See Merchants) Claim and Collecting Agencies Cleaning, Pressing, Dyeing (See Laundries) Clothing Secondhand
dealers Cold Drink Stand (See Merchants) Cold Storage All types Commission Merchants Handling shipments (other than specifically provided for herein) on a Commission basis Computer Service
Concrete Products (See Manufacturer) Concrete Ready-Mix Plant Contractors (1) General (2) Engineering contractor (includes bridge, bulkheading, drainage, excavating, sewer construction,
dredging, irrigation systems, pile driving, seawalls, sidewalk, street grading and paving and similar contract work (3) Structural and reinforced iron and steel (4) Subcontractors and
others as listed: Concrete, stone, brick Electrical Heating and ventilating House movers Masons Plasterers Roofing Sheet metal and tinsmith Septic tank Tile Well drilling Floor sanding
and finishing Lathers Plumbers
7 ORD. NO. 20-12 (5) Any person who shall accept orders to be engaged in the business of accepting orders or constructs on cost plus, fixed fee, stated sum, percentage basis or any combination
thereof, or for compensation other than wages for doing work on or in any building or structure requiring the use of paint, stone, brick, mortar, cement, wood, structural steel or iron,
sheet iron, metallic piping, tin, lead or any other building material; or to do any paving or curbing on sidewalks or streets, on public or private property, using asphalt, brick, stone,
cement or wood or any combination; or to excavate for foundations or any other purpose, or to construct sewers, septic tanks, docks, drive piling, construct bridges, construct seawalls
and bulkheads of any and all description; and who is engaged in the business of building, remodeling, repairing, razing or moving, whether it be by contract, fixed fee or sublet, percentage
or any combination thereof, or for compensation other than wages, shall be deemed to be a contractor within the meaning of this Chapter. Convalescent Home (not sanitarium) Ch. 400, Florida
Statutes, zoning, State Department of Health and Rehabilitative Services regulations Costume, Clothing Rental Credit Bureaus Dairies (milk distributors, jobbers or creameries delivering
milk) Each truck 88.57 Dance Halls Dancing Schools Data Processing (See Professional) Dealers in Secondhand Firearms This license shall be exclusive of all other license taxes. All secondhand
dealers shall keep a permanent record of all purchase and sales, including dates, description of property purchased or sold, names and addresses of persons purchasing or selling them.
Delicatessen Dental Supplies Dental Technician Laboratory Department Stores (See Merchants) Detective Agency Each location (state certificate) Distributor Dog and Pet Grooming Sale of
supplies (See Merchants) Dressmaking, Hemstitching (no stock carried) Drugs, Retail Dealer (See Merchants) Dry Cleaning (See Laundries) Electric Light and Power Companies
8 ORD. NO. 20-12 Emigrant Agents Including any agent, solicitor or recruiter engaged in the business of hiring, enticing or soliciting laborers or emigrants. Employment Agencies Engravers
or Lithographers Export or Import Companies Express Companies (Intrastate only) Exterminators (State certificate) Fertilizer Manufacturers—Mixing Plant Fire Extinguisher Sales, Service
Fire and Wreck Sales When not conducted by bona fide business concerns previously established and doing business in the City), of undamaged goods of that firm having damage by fire or
wreck, each sale. Fish or Poultry Market Fish Peddler (See Peddlers of merchandise) Fishing Tackle (See Merchants) Fishing Tackle or Gun Repair Florists or Dealers in Flowers, each Food
Lockers—Cold Storage Fruit, Vegetable Stand Fumigating (See Exterminators) Furniture and House Furnishing (See Merchants) Gas Companies (1) Distributing and selling gas through pipelines
(2) Selling bottled gas (3) Gas tank wagon delivery only Gasoline and Oil Distributors Wholesale, Storage Facilities in the City Golf Courses, each Golf Driving Range, each Golf Miniature,
each Guaranty or Surety Title Companies Guard, Patrol Service (See Detective Agency) Guns, Sales or Repair/Gun Range
9 ORD. NO. 20-12 Need Federal firearms dealers license Harness and Saddlery (See Merchants) Home Occupation Hospitals, Sanitarium Hotels Per room, excluding kitchens and bathrooms 6.37
6.69 Hypnotists Must meet requirements set forth in F.S. Chapter 456 Ice Cream Manufacturers Ice Cream Parlors Ice Cream Wagon or Truck, each 126.41 132.73 Ice Manufacturing or Storage
Import, Export (See Export) Insecticide Manufacturers or dealers Installers, Carpets Insurance Adjusters Insurance Agency For each company represented Insurance Baggage, each company
represented Insurance Casualty, life, hospitalization, industrial, burial, bonding and surety companies, each Interior Decorator Invalid and Hospital Supplies Jewelry Dealers buying
and selling old gold, silver and other precious metals, or offer to buy and sell (permanent records of all purchases and sales, including dates, description of property purchased and
sold, names and addresses of persons purchasing or selling required). Jewelry Repair Jewelry Store (See Merchants) Junk Shops or Dealers License required whether or not sale or purchase
or both, or solicitations are made
10 ORD. NO. 20-12 Kennels, Animal (Approved location) Key Shop, Locksmith and Associated Services (See Merchants) Knife, Scissors and Tool Sharpener Landscape Company Laundry or Dry
Cleaning Plant Agent for out of town laundries Local agency, permanent office Self-service Lawn Maintenance Lawn Spraying Board of Health certificate Linen or Diaper Service Loan, Finance,
Mortgage Company Lumber Dealers Lunch Stands, (Not over twenty-five (25) chairs) Machine Shops (Not automobile) Mail Order Business Maintenance (Floor, home, office, building) Manicurist,
each 75.94 79.77 Manufacturer Marble and Granite Works Massage Salon Masseur, Masseuse, each 75.94 79.77 Meats (See Butcher shop) Merchandise, Secondhand (See Secondhand dealers) Merchants,
Druggists and Storekeepers Messenger Service (exclusive of telegrams) Mimeograph and Letter Shop Monuments and Tombstones Motion Picture Theaters Performances of moving pictures or other
forms of entertainment Movers (See Storage)
11 ORD. NO. 20-12 Moving Company Musical Devices Operator of mechanically operated (whether operated in connection with or separate from any other business) License or tag must be displayed
on each machine Musical Devices (Distributor) Music Teachers Nails, Acrylic Shops (State certificate) Newspaper Publisher News Companies (Owners or managers of) Newsstands Owners or
managers of, where daily and weekly newspapers or magazines, postcards and the like are sold Night Clubs Restaurants, dining rooms or other establishments, whether floor show or other
form of entertainment, exclusive of orchestra, is provided for guests. Novelty Works (See Manufacturer) Nursery Shrubs, trees, plants or landscaping Nursing Home (See Convalescent home)
Office Machine Repairs (See Repair shop) Oil (See Gasoline) Paint Manufacturer (See Manufacturer) Parcel Delivery Each vehicle 75.94 Pawnbrokers Peddlers of Merchandise (1) Not otherwise
enumerated specifically herein, shall pay a license tax per day of, each person 25.36 26.62 (2) Peddlers who are not producers of the product they sell and who peddle from house to house
the products of the farm, grove or waters, shall pay a license tax per day of, each person 25.36 26.62 (3) Peddlers, hawkers or vendors engaged in the occupation of selling products
such as fruit, eggs and vegetables and farm products from wagon, push cart or other vehicle, shall pay a license tax of, each vehicle (4) Peddlers, hawkers, vendors, agents or solicitors
soliciting business for out-of-town business houses or enterprises not maintaining place of business in city, providing however that this provision
12 ORD. NO. 20-12 does not apply to wholesalers dealing exclusively with retailers (5) Traveling stores, dry goods, groceries, clothing, boots and shoes Pet Shop or Grooming (See Dog
and pet grooming) Pharmacies Photo Processing, Film Developing Photographers Piano tuners Picture Agents Plating with Metals Portable Toilets Postcard Stands (Only) Potato Chips (See
Manufacturer) Print Shop or Publishing Private Postal Mailbox Private Schools (See Schools) Professional (1) The following practitioners are classed as professional, and each person
engaged in the practice of this profession other than persons receiving only a salary or wage by a licensed practitioner in this City, is required to pay a professional local business
tax: Accountants and auditors Architects Architects, landscaping Attorneys and lawyers Business consultant Chemists Chiropractors Chiropodists Data processing Dentist Draftsman Engineers,
civil, consulting Interior Design Opticians Optometrists
13 ORD. NO. 20-12 Osteopathic physicians Physicians Psychiatrists Research laboratory or office, for profit Surgeons Tax consultant Veterinarians or veterinary Other professions not
classified (2) For each person operating with the person licensed in the preceding clause, other than the professional employees Property Management Promoters Entertainment, sports or
contests Public Hall for Hire Public Stenographer Publishing Company Books, directories and the like Radio Communications Radio Repair Shop (See Repair Shops) Railroad Companies, each
Real Estate Agency or Broker Recording Studio Reducing Salon Rental Equipment (All types) Repair Shops, each Repairs from Truck or Other Vehicle Restaurants (If dancing permitted, see
Night clubs) Cafes and public eating places (whether food is served in connection with or separate from other business, except dining rooms in connection with hotels) Retirement, Rest
Home (See Convalescent home) Rinks (Bicycle, skating or other) Roof Trusses (Se Manufacturer) Sawmill Yard Schools
14 ORD. NO. 20-12 Secondhand Dealers (1) In goods, wares and merchandise, secondhand or otherwise, known as secondhand dealers exclusive of firearms. (See Dealers in secondhand firearms
and secondhand clothing) (2) All secondhand dealers shall keep a permanent record of all purchases and sales, including dates, description of property purchased and sold, names and addresses
of persons purchasing or selling them. (3) However, the business shall be adequately housed inside a substantial store building and provided that before any person shall sell or be engaged
in the business of selling goods, wares, merchandise or other personal property, the sales being advertised as bankrupt, insolvent, insurance, assignee, trustee, auction, syndicate,
railroad or other wreck, wholesale, manufacturer's or closeout sale, or as goods damaged by smoke, fire, water or otherwise, the person shall file an application with the Commission,
which application shall be passed on by the Commission and a license tax paid. Secretarial Service Seed Stores (Wholesale and Retail) (See Merchants) Ship Brokers Shoemaker and Repairs
Shooting Gallery (See Gun Ranges) Sign Painters Commercial but not erecting Soda or Mineral Water Fountains Solicitor (See Peddlers of Merchandise) Sporting Goods (See Merchants) Stamp
or Old Coin Dealer Storage Warehouse or Room Tailors/Seamstress Tanning Salon Tattoo Salon Tax Agency (See Professional) Taxidermist, or agents for In addition to other license Taxis
First vehicle 126.63 132.96 Each additional vehicle 63.21 66.37 Telegraph Companies
15 ORD. NO. 20-12 Telemarketing Telephone Answering Service Telephone Solicitation (See Sections 118.40 through 118.45) Telephone Systems and Companies Intrastate business only Temporary
Business Receipts (1) Business temporarily located inside enclosed shopping mall; thirty (30) days only (no extensions) 75.94 (2) Special events, no more than once annually (if under
three (3) days), as approved by Commission (each license, not otherwise enumerated herein) No fee (3) Special events, no more than once annually (in excess of three (3) days), as approved
by Commission (each license, not otherwise enumerated herein) 75.94 Temporary Holiday/Vendors 75.94 79.74 Termite Control Companies Theatrical Directors Who charge for services in directing
local talent plays or performances, each performance Theatrical or Dramatic Groups or Companies For profit, where performance is not given in local, licensed theater, each performance
Towel, Diaper, Uniform Supply Company Towing Service (See Automobile) Trade Schools Trading Stamp Companies Trailer Park Trailer, Truck Rental Travel Bureaus Tree Pruner (Must have insurance)
Trucks Motor-driven, also doing freight transportation, hauling or transfer business for profit, except where other licenses are paid in conducting business, each. (Does not apply to
trucks owned by the city, county or state) U-Drive-It Cars (See Automobile) Undertakers, Embalmers and Funeral Directors Uniform Supply (See Towel, diaper, uniform supply company) Upholsterer
Vending Machines (See Automatic trade machines)
16 ORD. NO. 20-12 Venetian Blinds Repair, installation and associated services Vulcanizing Each place of business Watch Repair Water (Sold in bottles) (See Bottling works) Water Companies
operating same Water-Softening Service Weight Clinic Weighing Machines (See Automatic trade machines) Wheelchair Rental (See Invalid) Window Cleaning Window Tinting Wood Yard Wrecker
Service (See Automobile) Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That
all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2012. ____________________________________ ATTEST
M A Y O R _______________________________ City Clerk First Reading__________________ Second Reading________________
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Mr. Carney stated if there is activity on the current property and the person
is talking about multi-family he wants to make sure that we a re not wasting money on
this study. The City Manager stated based on the conversations t hat he has had they are
not going to jump on this offer because it is a low ball kind of of fer and they are working
hard to persuade them to wait and feels that they can bring them a better of fer.
Vin Nolan, Economic Development Director for the CRA, stated he
and Mr. Wilk have been in numerous conversations over the last week with regard to the
activity on that property. Mr. Nolan stated he believes that they can bring a
countervailing offer from a developer that might suit their plans for the Corr idor.
Mr. Carney asked if the various incentives will be included in the
discussions. Mr. Nolan stated they will talk about those incentive s to bring users to that
site and that is what their incentive program is designed to do.
Mr. Frankel moved to approve the proposed agreement subject to a
provision being added which would allow the City to terminate the agr eement at
Commission’s discretion, seconded by Mrs. Gray. Upon roll call t he Commission voted
as follows: Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes;
Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote.
9.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 de tectors
and one (1) smoke detector as required by the State Elevator Ins pector for the Pompey
Park Concession Stand Project. Funding to be paid out of the contract’s Contingency
Allowance.
Randal Krejcarek, City Engineer, stated this item is for addit ional scope to
the Pompey Park Concession stand to install two heat detectors and a smoke detector.
Mr. Krejcarek stated the consultant that the City was working w ith did not think it was
required at the time but when the State Inspector came for the elevators he said it was
required.
Mr. Frankel stated it has been a few weeks since the Commi ssion has
talked about this but he mentioned that a comment was made by Mr. C arney about “no
more change orders”. Mr. Carney stated his view on these thing s is how do you not
know when you make your bid that these certain things are going to be required. Mr.
Carney stated smoke detectors are required in far more less pu blic facilities and asked
why this would not have been included in the original bid. Mr. Kr ejcarek stated it was
not included because when staff looked at where the elevator was and where the smoke
detectors would go with the ventilation that was there it was dete rmined by the consultant
that they were not needed at the time and would not be needed. Mr. C arney suggested
that the City review what the consultants are using because this is now the third time that
the consultant did not pick up something that was going to be require d later. Mr. Carney
stated if the consultant keeps missing things then maybe we need to look at the
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consultant. Mr. Krejcarek stated had this been included in the bid it would have st ill been
the same $2,400.00. Mr. Carney stated it was competitive then but w e do not know what
would have been included.
Mr. Frankel stated he does not recall how many other companies b id but
he would like to know if the other bids by the other companies may ha ve been more
appropriate. He stated this company could have just done a low bi d and now they are
submitting these change orders and it may not have been the right company. Mr. Frankel
stated if he needs a smoke detector in his house it seems like you should have one in the
concession stand.
Mrs. Gray stated she does not believe this is the fault of the contractor.
Mrs. Gray stated if it was not mandated to have these heat dete ctors and smoke detector
in the beginning and now we have to have these fire sensors what good it being it that it
is not really monitored by anyone. Mr. Krejcarek stated what the devices do is they
detect smoke the elevator would go to the ground and the door would automat ically open
up and the benefit is when the Fire Department shows up they do not have to try and find
out where the elevator and force the door open; it is automatical ly down on the ground
floor and open.
Mr. Jacquet stated he was not on the Commission when this item fir st
came out and came back. Mr. Jacquet stated he believes it is not the contractor’s fault;
however, he echoes the same concerns that his fellow Commissioners have and when we
did put this out to bid whether the other bids we received were i nclusive of these
amounts. Mr. Jacquet expressed his concern is the same that when t he City is putting
things out to bid and consultants do work for the City should they not have foreseen these
as being something that we needed. Mr. Jacquet stated he unders tands that this is needed
and has seen the work and it is a beautiful facility. Mr. Jacquet stated his concern is
when dealing with consultants and they come back to the Commission an d they give us
an amount and say this is what they need can the Commission count on t hat as being
precise. Or, are we going to continue to get back information think that is all we are
going to be spending (because the budget is tight) and then come back a month later and
say by the way we need $20,000 more and another month later come back and ask for
even more. Mr. Jacquet stated that is a problem for him and he t hinks the people have
entrusted the Commission with the budget of the City and we need to be care ful with how
we spend money. Mr. Jacquet stated this work is needed but he does not like the way this
is going. He stated if we are going to keep coming back wi th issues left and right this is
something he really cannot stand for. Mr. Jacquet reiterated tha t he feels we have a good
contractor, he has seen the work and thinks the work is great, and he t hinks this is needed
but does not like the way this is going.
Mr. Krejcarek stated this was a retrofit project of a ver y old concession
stand and building. He stated one of the things staff did going i nto it is said we are going
to have a fairly large contingency fund put in the bid and we are going to tell the
contractor this much money is set aside for unforeseen conditions. Mr . Krejcarek stated
the $19,000 referenced was a very early on change order that staf f brought forward
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because of an unforeseen condition that was not uncovered until they took the outside of
the building off and they realized what damage was done that nobody c ould see without
taking everything off. Mr. Krejcarek stated staff also decid ed early on that when they
were doing the design they did not want to start ripping things apa rt because they were
not sure what kind of condition the existing building was in. He stat ed that is why staff
built that contingency into the bid to be able to cover some of those issues that staff did
not know what they were at the time that they were designing and bidding the proj ect.
Mr. Jacquet asked if staff can find out whether the amount for the s moke
detectors was included in other bids. The City Manager stated the smoke detectors were
not in the design and if there is a problem it is the architec t that made a mistake. Mr.
Jacquet asked why we would not include smoke detectors in a design for a facility where
we have children. The City Manager stated the elevator is not i nside the building and it
opens onto a breezeway onto both floors.
Mr. Krejcarek stated it is not a typical elevator you think of inside of a
building like the one here in City Hall; it is outside. He sta ted a consultant that was
advising staff about the elevator said because of where it is l ocated and the openness to it
he felt that there was not a need for the smoke detectors. Mr. J acquet stated so the
consultant was wrong because he felt there was no need for it but now there is a need for
it. Mr. Krejcarek stated according to the State Inspector the consultant wa s wrong.
The City Manager stated the total contract price has not increased and we
are still within what was bid.
Mr. Carney stated if they did not spend all their money that conti ngency
fund would come back to the City so it is City money.
Mr. Jacquet asked what happens if the Commission does not approve thi s.
Mr. Krejcarek stated if the Commission does not approve this then t he City does not get
approval from the State Inspector and we do not get a C.O. for t he building and the
building cannot be used.
Mrs. Gray stated we have had change orders throughout many p rojects in
the city and stated we have to have a contingency fund for unfor eseen things. She stated
the Commission is picking on this particular project and everyt hing that is going on is not
uncommon for a project. Mrs. Gray stated she does not understand what the problem is.
Mr. Frankel stated the problem is that they came in approxi mately double
what was budgeted and that was his issue and it continues to be his issue.
Mr. Jacquet stated he was not here for Miller field or the Spor ts Complex
and is only here for this issue and he does not like the way he sees it going. He stated
whether this was Miller Field and whatever else it was he would still have the same issue.
Mr. Jacquet stated when we set a price for something we nee d to stick by it and he does
not like to come back repeatedly and spend more and more money beca use either our
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consultant or inspector failed to know that one State Inspector would not approve it
without smoke detectors and now we have to come back for it. Mr. J acquet stated he
does not care where the building is because the Commission repres ents the entire City of
Delray Beach but expressed concern over the way in which we do business.
Mr. Krejcarek stated staff is still under the budget for this project and have
not exceeded the bid amount or the budget amount in this project yet.
Mr. Jacquet stated for $2,624.47 if this is going to cause the pro ject to not
go forward and for it to not be used then that is a problem.
Mr. Carney stated he is not picking on this project and when the f irst
$19,000 came along it was a site that had not been fully vetted by t he contractor and they
went in and found that the woodwork was terrible and they had to do far m ore work. He
stated his objections to change orders has started since he was on t he CRA Board and he
feels that the people that are analyzing a project as he does in his business and he gets a
quote and if it takes him twice as long to do it then his hourly jus t went down by half.
Mr. Carney stated he understood missing the woodwork but does not understa nd missing
the smoke alarms.
Mr. Carney and Mr. Frankel concurred that the consultant made a m istake
and should pay for it. The City Manager suggested that the Commis sion ask the City
Attorney if the City can file a claim against the architect.
Mr. Carney stated he would like to see that $7,000 left in the cont ingency
fund come back to the city that also needs the money.
Mrs. Gray asked how far along we are with this project. Mr. Krejcarek
stated this is the last item and after this item staff ge ts a C.O. and will come back with the
final change order which is the closeout of the project. Mrs. Gray asked how long that
will take after this if approved or denied. Mr. Krejcarek stat ed if this is approved tonight
either the next meeting or the following meeting staff will be back wi th the final.
Mr. Jacquet suggested that we go ahead and move forward because t his is
a project that is pretty much complete and stated he went out to the site. Mr. Jacquet
stated he would hate to see this kind of hiccup based on $2,600 after all the money the
city has spent on it. However, Mr. Jacquet stated that in the futur e when dealing with
consultants and architects whether it is the same one or any othe r that is not the way we
do business and that we make sure that we can stand by their wor d and if they say this is
what I interpret as the rule or law that we can stand by it and that we will not have to
come back and say the State disagrees. Mr. Jacquet stated he f eels uneasy about that but
he feels this is a wonderful project and suggested that we move forward with it .
Mrs. Gray moved to approve the additional scope to Randolph &
Dewdney Construction, Inc. in the amount of $2,624.47 to install two (2) heat de tectors
and one (1) smoke detector as required by the State Elevator Ins pector for the Pompey
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Park Concession Stand Project, seconded by Mr. Carney. Upon roll call the Commis sion
voted as follows: Mr. Jacquet – Yes; Mr. Frankel – No; Mrs. Gray – Yes; Mayor
McDuffie – No; Mr. Carney – Yes. Said motion passed with a 3 to 2 vote,
9.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 a mount of $40,715.83 for
the construction of a turn lane required to accommodate the revised V illage 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 assoc iated 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).
Randal Krejcarek, City Engineer, stated change orders involve se veral
different things; sometimes it is things that are missed or things that are added because of
changes that happen after the design was completed and construct ion started such as the
case with this change order. Mr. Krejcarek stated they had init ially started the design of
this project with a left turn lane into the Village of Delra y proposed site off Auburn
Avenue and as staff was moving through the design they were constantl y asking the
Village of Delray people if they were moving forward with the design they showed the
City. Mr. Krejcarek stated at some point during the design st aff had to make a decision
and decided to not put the turn lane in where we think they want it be cause they did not
know if that is where it was going to end up. He stated where t he turn lane ended up now
is not where it was before. Mr. Krejcarek stated after the City awarded the contract the
Village of Delray people came back to staff with their site plan asking to move forward
with this one can you build a turn lane now. Mr. Krejcarek stated staff went back to the
consultant and noted the Commission approved the additional work for the consul tant to
do the design of the left turn lane and now staff is coming forward t o add the contract
dollars to go ahead and build this turn lane. He stated the amount of t he change order is
fully covered by the $1 million grant that they have for this pr oject and they are still
underneath that $1 million cap.
Mr. Frankel asked staff for clarification and the reason for t his change
order is because the Village of Delray not getting back to sta ff. Mr. Krejcarek stated as
staff was moving forward with the design they were in communicati on with them as to
what their final site plan was and at that time they did not know what it was. Mr.
Krejcarek stated once the City awarded the contract they cam e back and said now we
know what we want to do so here it is and asked to incorporate it in. Mr. Krejcarek
stated we would have paid $40,715.83 now or later. He stated the unit price is extended
so there is not in negotiations to get a better price and these are bid prices from this
contractor. Mr. Krejcarek reiterated that we would have paid $40,715.83 now or paid it
early on had staff known exactly where that turn lane would have been. Mr. Krejcarek
stated this will be included in the $1 million grant.
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The City Manager stated this is all part of the infrastruc ture that the City
committed to provide to facilitate the Village of Delray pro ject and noted that this is
taxpayer money but it is not local tax dollars.
Mr. Carney moved to approve the Contract Addition (Change Order No.
3)/Foster Marine Contractors, Inc., seconded by Mr. Frankel. Upon r oll call the
Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes ; Mayor McDuffie –
Yes; Mr. Carney – Yes; Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote.
9.E. PROPOSED FY 2013 BUDGET REVIEW SCHEDULE: Consider a
proposed schedule for the Commission review of the FY 2013 Budget.
The City Manager stated from different conversations with the City
Commission and members of the general public that we need to do a more detailed
review of the budget this year. The City Manager stated h e is proposing to start next
week and go through all of the departments and he has given the Comm ission a schedule
that will allow that to happen.
Mr. Carney stated he appreciates the schedule and he spoke wit h the City
Manager at length about how he thought it was important that the Commission had a
better understanding on a department-by-department basis of the budget so that they can
ask questions of the various department heads. Mr. Carney stated he realizes thi s is going
to take more time but it seems the more people that have a better knowledge of the
budget the more input the Commission can have when maybe cost saving s can be
achieved that the Commission may not see when looking at it with suc h a broad brush.
Mr. Carney stated he supports this and would like to move whatever dates necessary to
accommodate Mr. Frankel.
The City Manager stated these will be work sessions with the Commission
that are open for the public to attend and the City Commission w ill be having budget
hearings after these work sessions. The City Manager stated staff will also start putting
on the Agenda later an agenda item for public comment on the budget at the regular
meetings.
Mr. Jacquet echoed comments expressed by Mr. Carney and stated he has
had discussions with the City Manager and he did mention that this woul d be a better out
instead of just having one budget meeting. Mr. Jacquet stated he thought it would be
wiser to have several meetings where staff takes a look at e ach particular department and
find out what it is that they do and allow department heads to come i n and tell the
Commission what they feel is needed or not needed for the budget so tha t the
Commission can be more informed when they make these decisions. Mr. Jacquet stated
whether this takes longer or not should not be a concern because that is what the people
ask them to do. Mr. Jacquet stated whatever changes the Commission needs to make in
the date to make sure that all of the Commissioners are there he would be willing to do
that.
Mrs. Gray stated she supports the budget review schedule.
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Mr. Frankel stated in his three years on the Commission they ha ve had
many meetings and feels this new approach is great because it really gives time for the
individual departments but he just has conflicts on those dates. Mr. Frankel stated he will
be out of town May 29-June 1, 2012 and June 26 th and will be back on June 27, 2012.
Mr. Carney stated he is out of town in the morning of June 28, 2012 but he
will be back around 5:00 p.m.
It was the consensus of the Commission to change Tuesday, May 29, 2012
to Thursday, May 24, 2012 and change Tuesday, June 26, 2012 to Thursday, June 28,
2012.
Mayor McDuffie echoed comments expressed by Commissioner F rankel
that the Commission has always had a great number of meetings for six years regarding
the budget and stated this is a different type of scheduling. Mayor McDuffie stated he
likes the fact that they are department related.
9.F. APPOINTMENT TO THE PLANNING & ZONING BOARD:
Appoint one (1) regular member to the Planning & Zoning Board to se rve an unexpired
term ending August 31, 2013. Based upon the rotation system, the appointme nt will be
made by Commissioner Carney (Seat #1).
Mr. Carney moved to appoint Jan Hansen as a regular member to th e
Planning and Zoning Board to serve an unexpired term ending August 31, 2012,
seconded by Mr. Frankel. Upon roll call the Commission voted as follow s: Mrs. Gray –
Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Y es; Mr. Frankel – Yes.
Said motion passed with a 5 to 0 vote.
9.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).
Mr. Frankel stated he finds himself in a similar situation tha t he did a few
months ago regarding this appointment. Mr. Frankel stated in both c ases he has been
asked to appoint someone for a matter of weeks. He stated the las t time he did so the
person was not reappointed for whatever reason. Mr. Frankel state d he is not in a
position to appoint someone to one of our most important boards for weeks . He stated he
does not feel it is fair to the Commissioner who is making the a ppointment nor does he
feel it is fair to the person that is appointed to the Board.
Mr. Carney stated he thought about that as well when he looked at thi s
appointment for Mr. Frankel and wondered whether or not during the Charter Review the
Commission could have a short-term appointment procedure whereby it i s not a full term
but when you have the opportunity to appoint because of a vacancy that the person is
granted a little longer than 4, 6, or 8 weeks.
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The City Attorney stated it is not in the Charter but is in t he Code of
Ordinances and the Local Rules. Therefore, the City Attorney stated the Commi ssion can
amend those things in order to accommodate what they are looking for. The City
Attorney stated in order to try and do something the Commission would ha ve to amend
the Code.
The City Attorney stated if the Commission appoints someone and the
appointment is under six (6) months before the expiration of the ter m then that
appointment would automatically carryover for a next full term. It was the consensus of
the Commission that six (6) months is a sufficient timeframe. T he City Attorney stated
staff will draft an ordinance to bring back to the Commission and noted that there may be
some Boards pursuant to State Statute that does not allow the City to do that; however,
the other Boards where the City is not prohibited from doing that s taff can make those
changes.
Mrs. Gray stated with regard to Commissioner Frankel’s concer n that he
did not know why the person he appointed was not reappointed. Mrs. Gray s tated the
reason the person was not reappointed is because it was her a ppointment and she has the
right to decide who she wants to appoint.
Mr. Carney recommended that when staff comes back with an ordinance
change for the next meeting of May 15, 2012 is to have that ordinance change be
effective for any appointments made as the date of the first r eading of that ordinance he
would have the opportunity to have that appointee enjoy the change.
9.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).
Mr. Frankel moved to reappoint Barry Gauch as a regular member to the
Boca Raton Aviation Advisory Committee to serve a two (2) year term ending May 31,
2014, seconded by Mrs. Gray. Upon roll call the Commission voted as fol lows: Mrs.
Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel
– Yes. Said motion passed with a 5 to 0 vote.
10. PUBLIC HEARINGS:
A. None
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the Public-Immediatel y Following Public
Hearings.
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11.A. City Manager’s response to prior public comments and inquiries.
The City Manager had no response to prior public comments an d
inquiries.
None.
11.B. From the Public.
11.B.1. Joanne Miller, 3501 Lakeview Boulevard, Delray Beach, FL 33445,
stated she and her husband are very concerned with the escalating c rime in her
community (Lakeview/Sherwood Park area of Delray Beach) and the uns atisfactory
response on the part of the police to these events. Mrs. Mille r stated they have been
residents of Delray Beach for 23 months. The Lakeview/Sherwood Park area consists of
four main streets: Lakeview Boulevard, Lakeview Drive, Sherwood Boul evard and
Lowson Boulevard. Mrs. Miller stated during this brief time they have become aware of
escalating crime in their neighborhood and according to a reliab le neighbor the crime
spree began approximately four years ago (police records show May 1, 2011-April 23,
2012 there have been 14 burglaries; 5 assaults; 93 suspicious cal ls to the police; 68
audible; 7 silent alarms went off summoning police and 11 disturban ce calls. Mrs. Miller
stated since the report was picked up one week ago according to neighbors there have
been two more and one attempted burglary. She stated they have scheduled a
neighborhood meeting and it is to be held Tuesday, May 8, 2012 from 6:30 p.m . – 8:00
p.m. at the Palm Beach County Library Hagen Ranch Road branch north of West A tlantic
Avenue. In addition, Mrs. Miller stated they have distributed flyers to all neighbors
inviting them to attend this meeting. She stated they have made 4 telephone calls and 1
visit to the Delray Beach Police Department during the past week with the hope of
getting a representative of the Police Department to atte nd their meeting and they have
not received a response. Mrs. Miller stated they are requesti ng (1) that the police send a
representative to the meeting, (2) encourage the police to investi gate vigorously these
crimes especially the 14 burglaries and the 3 new complaints, (3) request that the police
cruise their neighborhood frequently on a daily basis and be a vis ible presence in the
community, (4) request to have the police to have a much quicker react ion time
responding to neighbors’ calls, (5) asking the Mayor and City Comm ission to get back to
them in a timely way about instituting the above needed request, (6) most homeowners
are taking precautions to protect their homes several have insta lled cameras. Mrs. Miller
stated this problem is beyond neighborhood control and feels they need the police and
other professionals to make what has become a crime zone their priority. She urged the
Mayor and City Commission for their cooperation and distributed a letter which they
have detailed further some incidence in their neighborhood.
11.B.2. Yanni Albrecht, 803 North Swinton Avenue, Delray Beach, FL 33444,
stated she is a 14 year resident of Delray Beach and expressed concer n over democracy in
this country and stated since 2010 a decision by the Supreme Court ga ve power to
corporations to be involved in elections. Ms. Albrecht stated she h as sent emails and
hand delivered letters to the Commission about the push to consider a n amendment to the
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constitution that could affectively keep corporations from having the r ights of people.
She stated the movement nationwide is to ask the City Commission to approve a
resolution supporting the idea of an amendment to the constitution that de fines people as
people and not as corporations. Ms. Albrecht stated many citie s across the country have
already done this; the State of Vermont came up with a resol ution as a state. She stated
being proud that Delray Beach has some progressive trends in the past she is asking the
Commission to consider that.
11.B.3. Dr. Victor Kirson, D.D.S, 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), expressed concern that the Police Department is
losing men and stated a number of years ago they were supposed t o have 162 sworn
officers carrying a gun on duty and that was decreased to 158 but in reality we have 143
sworn officers carrying a gun. Dr. Kirson stated you cannot functi on on that low number
and the City continues to reduce their benefits and their pay. He stated the City cannot
take the budget worries out on these city employees which the c ity has been doing
without the residents suffering.
11.B.4. Christina Morrison Pearce, 2809 Florida Boulevard #207, Delray
Beach, FL 33483, stated they also had a crime spree in the southwest area l ast weekend
where several of the businesses were hit and several surrounding businesses were hit.
Ms. Pearce stated when they arrived to work on Monday morning they i mmediately
called the Police Department and they had the opposite response that Mrs. Miller had.
Ms. Pearce stated their property is video monitored and the p olice took the videos and
caught the person. Within two days, they had the people in custod y because they have
video surveillance. She stated the entrances to the park are on cit y streets and asked for
guidance from staff on how they can adequately place surveillance for their entrances and
exits even though they are city streets. Ms. Pearce thanked the City Commission because
she stated the Police Department is excellent.
11.B.5. Steve Blum, Antilles Homeowners’ Association, 115 Venetian Dri ve
Unit “C”, Delray Beach, FL 33483, commended the Police Department and stated they
have had minor issues with kids on bikes stealing change out of cars or throwing thing s at
the lanterns breaking them. Mr. Blum stated the police come ri ght away and take care of
the situation. Mr. Blum stated from the homeowners’ association and from his point of
view the police are doing an excellent job in their neighborhood and thanked them for it .
11.B.6. David Faustin, 10175 Camino Del Dios, Delray Beach, FL 33446,
continued his remarks from the March 6, 2012 and April 3, 2012 City Commissi on
meeting. Mr. Faustin stated he contacted Susan Bucher, Supervi sor of Elections to
communicate the election law violations occurring at the Delray B each City Hall. He
stated he asked Ms. Bucher to uphold Florida law as it relates to the marking of the
solicitation area like all other early voting sites. Mr. Faust in continued to read his
statement into the record.
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Mayor McDuffie stated he was interviewed by the Sun-Sent inel yesterday
and the topic was crime. He stated City of Delray Beach c rime in every area is down 9-
10% across the board with the exception of one area which is up 1%. He stated crime
levels are lower today than at any point in history since they have been recorded. Mayor
McDuffie stated staff will check into the anomaly that was brought to the attention of the
Commission tonight. Mayor McDuffie thanked the Police Department for the wonderful
job that they have done. He stated it is actually across the County that the crime rate is
lower than any time since these numbers have been kept.
At this point, the time being 7:25 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 11-12: Consider a city-initiated amendment to the
Land Development Regulations (LDR) Article 7.9, “Docks, Dolphins, F inger 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 hel d on May 15, 2012.
The caption of Ordinance No. 11-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS, ARTICLE 7.9 “DOCKS, DOLPHINS,
FINGER PIERS, AND BOAT LIFTS” BY AMENDING
SECTION 7.9.5, “STANDARDS FOR APPROVAL”, TO
UPDATE SAME; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 11-12 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is a
clarification of the current regulations that deal with docks and LD R Section 7.9.5
pertaining to the standards for approval of docks states “a dock, exclusive of dock pi lings,
shall not project more than five feet into a waterway from the property line or seawall or
bulkhead or seawall cap, whichever is nearest to the waterway.” Mr. Dorling stated the
strict/verbatim interpretation of the current language would pr ohibit the construction of
docks in those cases where the property line lies in excess of eight feet landward of the
waterway; or when the property line lies within the water channel. Mr. Dorling stated the
proposed amendment eliminates the use of the “property line” a s a basis for measurement
and replaces the term “nearest the waterway” with the ter m “water’s edge”. The current
requirement for a dock projection of five (5) feet will be maint ained in those cases where
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there are no seawalls or seawalls that do not have batter pil es. An additional projection
of two (2) feet is proposed to accommodate a dock construction with batter pi les.
At its meeting of February 27, 2012, the Planning and Zoning Board
considered this amendment and at that time it was not clear to th em so the Board tabled it
with a 4 to 0 vote. Mr. Dorling stated it came back to the Planning and Zoning Board at
their meeting of March 19, 2012 and they approved it with a 6 to 1 vote.
Mr. Frankel moved to approve Ordinance No. 11-12 on FIRST Reading,
seconded by Mr. Carney. Upon roll call the Commission voted as foll ows: Mayor
McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. F rankel – Yes; Mrs. Gray –
Yes. Said motion passed with a 5 to 0 vote.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
The City Manager stated there were several appointments f rom the League
of Cities Board Meeting and reported that Joni Brinkman was appointe d to the Treasure
Coast Regional Planning Council, Susan Haney from Boca was appointed t o replace Bill
Moss at the Florida League of Cities Board of Directors, and Susa n Haynie and Todd
Wodraska were appointed to the IPARC (Intergovernmental Plan Amendme nt Review
Committee) Executive Committee. The City Manager stated the Inspector General
presented her budget to them and she is not getting the number of complaints that require
investigating that she had anticipated when she came here. Ther efore, the City Manager
stated the Inspector General has reduced her investigative staf f by about half and moving
those people over to do auditing and contract monitoring.
13.B. City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mr. Jacquet
Mr. Jacquet stated he attended the Ribbon Cutting for a new busine ss near
the Intracoastal called “Stitches By the Sea, Inc.”.
Secondly, Mr. Jacquet stated he has been going around the City and
getting to observe City employees and had the opportunity to go to Public Works and
Parks and Recreation. He stated this was a great experience and the employees really
appreciate when they see the Commissioners come by to tell them the Commission
appreciates the work that they are doing. Mr. Jacquet stated when the City has downtown
events that end late at night and you drive by at 5:00 a.m. and everythi ng is cleaned up
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that’s impressive. Mr. Jacquet encouraged the Commission to thank t hem for the work
that they do.
Mr. Jacquet stated he also had the opportunity to go to one of the Ci ty
parks and feels it is the City’s job to make sure that the p eople that work for the City
reflect the City in a positive light. He stated he overheard s omeone say “I would never
let my child come to this place” which was one of the City’s parks. Mr. Jacquet stated he
did not like this comment and the way he was addressed by one of the persons that
worked there was not very welcoming and was not reflective of the Delray Beach that he
grew up in and knows. He asked if the City has ever had workshops or talked to these
employees especially when they are dealing with children be cause these children are very
impressionable and when adults talk that way around them it is not a good thing.
He stated he attended a neighborhood association meeting for Del ray
Shores and noted that they are having a serious problem with tra ffic since Atlantic High
School opened. Mr. Jacquet stated school buses go onto Davis Road to g o to Atlantic
High School and they are having a lot of issues with that intersect ion particularly Lake
Ida and Davis Road. He stated he has witnessed many accidents at this intersection and
the cars are speeding on Davis Road from Lake Ida to Atlantic Hi gh School. Mr. Jacquet
suggested that a police officer go out there to check if this is a serious problem and what
it is we can do to help protect the residents that live on Davis Road.
Lastly, Mr. Jacquet stated he has had interactions with the Poli ce
Department and they have been phenomenal specifically the Pro blem Oriented Policing
(POP) Program. He stated they were in the Del-Ida area at one point and crime
drastically dropped and now they are in Osceola Park. Mr. Jacque t stated these guys are
very visible and are doing a wonderful job and supports the program 100%.
13.C.2. Mr. Carney
Mr. Carney commented about the review that the Commission adopt ed as
their new rules where they are going to have the annual review of the City Manager and
the City Attorney and stated he expected to see something on t onight’s agenda for the
form of how this was going to be done because the Commission agree d to do this in May.
Mr. Carney stated he received a review type form from the Ci ty Attorney’s office which
does not need to be the adopted form but it is a great start. H e stated this is something
that he pushed for to be in the new rules and is something that the citizens expect that the
Commission have an annual review of the City Manager and the City Attorney and he
would like to see something where we are doing that in May as t he Commission adopted
that rule to do in May. Mr. Carney suggested that in the next coup le of weeks each
Commissioner have individual meetings and feels the Commission will get a much more
candid discussion on a one-on-one basis. Mr. Carney stated this is so mething that the
Commission should be pursuing in May so that towards the end of May or within the first
meeting in June the Commission can report on the review that th ey conducted in May as
the rules state. He asked that the City Manager and the City Attorney to figure out how
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this is going to be done in the next couple of weeks because it is something that everyone
is anticipating.
Secondly, Mr. Carney stated there was an issue with the meet ing that the
Commission had a couple of weeks ago where people could not go onlin e and asked if
there was a technical problem. Chevelle D. Nubin, City Cl erk stated this is being
addressed and noted it was with the company Granicus and something hap pened on their
end. Ms. Nubin stated she received telephone calls about it and went in to look at it and
noted the last hour of the meeting is missing. However, tomorrow M s. Nubin stated she
will upload the DVD so it should be there. Mr. Carney stated whe n what is said in public
is not available when people go online then we should have an alternat e post so there is
some rendition of the discussion so that people know what was discuss ed during the time
they could not hear.
The City Manager stated typically what staff does is loa d a DVD so that it
becomes available.
Lastly, Mr. Carney echoed comments from the Mayor and his fell ow
Commissioners and stated the Police force does an excellent job.
13.C.3. Mrs. Gray
Mrs. Gray thanked the City and the Community Redevelopment Agen cy
(CRA) for embracing Prep and Sports. She stated over the wee kend they have had 20
young people that they trained in the City of Delray Beach a nd 18 out of the 20 got
drafted in the NFL this weekend. Mrs. Gray thanked Prep and Sports , TJ Jackson, and
Tony Villani. Also, Mrs. Gray stated another young man DJ McC arthy was training with
a couple of kids and one of his young men got drafted to the New Orl eans Saints. In
addition, Mrs. Gray stated two young men from the City of Delray Beach were drafted
(Jayron Hosley to the NY Giants and Emmanuel Lamar to the Cincinnati Bengal s).
Secondly, Mrs. Gray stated there is one Mayor and four Commissione rs
and they have tons of events to attend. With regard to Commissioner J acquet’s comment
about supporting the Chamber of Commerce, Mrs. Gray stated althou gh the Commission
may not be able to make all of the ribbon cuttings the entire Commission supports the
Chamber. She stated last week they were at the Economic Dev elopment meeting and the
Chick-fil-A event. Mrs. Gray stated the Commission cannot possi bly make all of the
events that are going on in the City of Delray Beach.
Mrs. Gray stated she and the Mayor were at the PGA store l ast week
where a check was presented that will help the Boys and Girls Clubs of the Palm Beaches
and also attended the Achievement Center last week.
Mrs. Gray asked for an update on Craig A. Smith. She stated Commission
had asked that on all of the projects that we use this company so to avoid having so many
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change orders. Mrs. Gray asked for an update and whether or not w e are using this
technology.
Lastly, Mrs. Gray stated she approached Palm Beach County
Commissioner Priscilla Taylor to get some more dollars in the City of Delray Beach for
one of our parks to regulate the field at Pompey Park so that we c an have four fields
(three at Miller Park and one at Pompey Park) so that we can h ave more baseball
tournaments come into the city. She stated the City received ap proximately $100,000
and asked staff for an update as to when the City will be signi ng that contract and moving
forward with that. The City Manager stated the contract will be back dated and the City
has placed an order for the batting cages to be redone and staff is close to getting the
sound system on order. The City Manager stated the City is moving ahead with it but he
will let the Commission know the status.
13.C.4. Mr. Frankel
Mr. Frankel applauds Mr. Malone for two grand openings tomorrow nig ht;
one at Boston’s Sand Bar at 4:30 p.m. and then afterwards 75 Main.
Secondly, Mr. Frankel stated he was at the Courthouse today and s omeone
asked him about the Cinco de Mayo Festival that is going on this we ekend so he looked
for it on the events calendar. However, Mr. Frankel stated it is not on the City website
and not on the Chamber website and thought the website was going to be done March or
April. Mr. Frankel stated there is another event at Old School Square Sunday.
The City Manager stated staff reported at the Goal Set ting Session that it
would be in May but the only events that staff plans to have on our calendar are city
meetings. He stated the calendar for all these other kinds of thi ngs would be on the
Delray Beach Marketing Cooperative (DBMC) site.
Lastly, Mr. Frankel asked that staff put on the Workshop Agenda for next
week discussion about the South Central Regional Treatment Wastewa ter Disposal Board
(SCRTWDB) and two Boynton Beach Commissioners have publicly s tated they do not
want to attend anymore. Mr. Frankel stated another Boynton Beach C ommissioner stated
that he thinks that everyone needs to be there. Mr. Frankel stat ed he would like the
Commission to discuss it next week to come up with their positi on. For the record, Mr.
Frankel stated he would like to note that in his three years our attendance has been much
better at attending these meetings then our neighbors. Mr. Frankel congratulated
Commissioner Gray as the new Chair for the SCRTWDB.
13.C.5. Mayor McDuffie
Mayor McDuffie thanked Richard Radcliffe from the Palm Beac h County
League of Cities and Casey Cook from Tallahassee who is the Ci ty’s lobbyist who
attended the meeting this evening.
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Secondly, Mayor McDuffie stated he will attend the Chamber Openings
tomorrow night; the Boston’s Sand Bar and 75 Main.
Lastly, Mayor McDuffie announced that the National Day of Pray er will
be held on Thursday, May 3, 2012 from 12:00-12:30 p.m. and there will be anothe r
celebration of the National Day of Prayer at Abbey Delray South from 6:0 0-7:00 p.m.
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05/15/12
MAY 15, 2012
A Regular Meeting of the City Commission of the City of Del ray Beach,
Florida, was called to order by Mayor Nelson S. McDuffie in the C ommission Chambers
at City Hall at 6:00 p.m., Tuesday, May 15, 2012.
1. Roll call showed:
Present - Commissioner Thomas F. Carney, Jr.
Commissioner Alson Jacquet
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - None
Also present were - David T. Harden, City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Rabbi Randy Konigsburg w ith
Temple Emeth.
3. The Pledge of Allegiance to the flag of the United States of A merica was
given.
4. AGENDA APPROVAL.
The City Manager requested that Item 8.L., Special Event Request/4 th of
July Festivities , of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.
Mr. Carney requested that Item 8.J., Service Authorization No. 12-
03/Mathews Consulting, Inc. of the Consent Agenda be moved to the Regular Agenda
as Item 9.A.A.A.
Mrs. Gray requested that Item 8.I., Interlocal Grant Agreement/Palm
Beach County/Pompey Park Baseball Field Renovation Project, of the Consent
Agenda be moved to the Regular Agenda as Item 9.A.A.A.
Mr. Carney moved to approve the Agenda as amended, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mr. Ja cquet – Yes; Mr.
Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. C arney – Yes. Said
motion passed with a 5 to 0 vote.
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5. APPROVAL OF MINUTES:
Mrs. Gray moved to approve the Minutes of the Regular Meeting of Ap ril
17, 2012, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr.
Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet
– Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. National Safe Boating Week – May 19-25, 2012
Mayor McDuffie read and presented a proclamation hereby procl aiming
the week of May 19-25, 2012 as National Safe Boating Week in Delray Beach, Florida.
Andrea Rutherford came forward to accept the proclamation and g ave a few brief
comments.
6.B. Breaking the Silence Year – 2012
Mayor McDuffie read and presented a proclamation hereby procl aiming
2012 as Breaking the Silence Year in Delray Beach. Joyce Patr ick came forward to
accept the proclamation and gave a few brief comments on behalf of Rita Thrasher.
6.C. Older Americans Month - May 2012
Mayor McDuffie read and presented a proclamation to Chevelle D. Nubin
hereby proclaiming May 2012 as Older Americans Month in the City of Delray Beach,
Florida.
6.D. National Public Works Week – May 20-26, 2012
Mayor McDuffie read and presented a proclamation hereby procl aiming
the week of May 20-26, 2012 as National Public Works Week. Richard Has ko, Director
of Environmental Services came forward to accept the proclamat ion and gave a few brief
comments.
6.E. National Emergency Medical Services Week – May 20-26, 2012
Mayor McDuffie read and presented a proclamation herby pro claiming the
week of May 20-26, 2012 as National Emergency Medical Services We ek in Delray
Beach, Florida. Chief Danielle Connor and Dr. Kushnir came forward to accept the
proclamation and gave a few brief comments.
7. PRESENTATIONS:
7.A. Presentation by Sister Cities’ Student Ambassadors: Spenc er
Anderson, Emma Arrieta, Alex Brandt, Mika Durante, Izaak Lakhik, P hoebe
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Weiner and Danielle Zaros
Mayor McDuffie introduced former Mayor and head of the Sister Cities
Program in Delray Beach David Schmidt.
David Schmidt, President of Sister Cities of Delray Beach, int roduced the
latest group of student exchange ambassadors who will be headin g off to Miyazu, Japan
as this is the 35 th anniversary of the Sister City relationship with Miyazu the hometown of
George Morikami. Mr. Schmidt stated while in Japan the students w ill have an
opportunity to stay with a host family and host student, attend Miyaz u High School, and
also visit Kyoto. He stated they have a dedicated Board that rai ses money for this trip so
that any student can go and no one is precluded for financial rea sons. Mr. Schmidt stated
the students have been working very hard with Tony Durante learning Japanese language
and customs. The following student ambassadors introduced themselves: Spencer
Anderson, Emma Arrieta, Alex Brandt, Mika Durante, Izaak Lakjik, Phoe be Weiner and
Danielle Zaros.
Mayor McDuffie read and presented a proclamation to the students.
7.B. 23 rd Annual Delaire/Delray Citizens for Delray Police Charity Gol f
Tournament Presentation to Police and Fire-Rescue - Perry DonFranc isco
Perry DonFrancisco, Chair for the Delray Citizens for Delray Pol ice,
stated this is the 23 rd time since 1990 to present Fire-Rescue and Police the proceeds from
the Annual Delaire/Delray Citizens for Delray Police Charit y Golf Tournament. Mr.
DonFrancisco stated Delaire has raised in excess of $725,000 for lif esaving and crime
fighting equipment as well as support for Delray Citizens f or Delray Police. He stated
this equipment has enhanced our first responders’ ability to perfo rm emergency tasks so
vital to all of those who reside in Delray Beach. Mr. DonFrancis co stated a thermal
imaging camera detected life in a burning building shortly a fter it was purchased with
Delaire funds and saved the child’s life. Mr. DonFrancisco st ated two complete sets of
the Jaws of Life extraction equipment have removed accident victims trapped in ve hicles.
Mel Katz, Chairman of Charity Tournament and supporter of Del ray
Beach for many years, stated Mr. DonFrancisco is also the Chair of the Delray Cit izens
for Delray Police and is an active organization supporting underprivi leged children and
various other functions that it does all relating to Delray Beac h. Mr. Katz presented a
check to the Delray Beach Fire-Rescue Department in the amount of $9,950.00 and a
check to the Delray Beach Police Department in the amount of $9,950.00.
7.C. Presentation of FY 2011 Comprehensive Annual Financial Report
(CAFR) – Caler, Donten, Levine, Porter & Veil, P.A.
David Boyd, Finance Director, stated the Commission has a contract with
the audit firm of Caler, Donten, Levin, Porter & Veil, P.A. an independe nt auditing firm
based in West Palm Beach to audit the financial records of the City.
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Scott Porter, Audit Partner, presented the results of the fisc al year 2011
audit for the City of Delray Beach. Mr. Porter gave a brief overview of the financial
statements and focus on some of the financial highlights for 2011 comp ared to some of
the prior years.
Mr. Frankel stated he wanted to verify that these are availab le for the
public. Mr. Porter stated he printed several extras and wil l also provide Mr. Boyd with a
document that can be posted on the website.
Mr. Frankel, Mrs. Gray and Mr. Carney agreed that this is a great report.
Mr. Jacquet asked if the Management Response Letter was audite d. Mr.
Porter stated they look at the letter in relation to what the comments are and discuss it at
length in what will be done. Mr. Porter stated when they do 2012 they g o back to that
and verify that those comments were resolved and then they will re port that in the next
year’s letter that those were resolved or need additional work.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. REQUEST FOR A SIDEWALK DEFERRAL/633 NORTH OCEAN
BOULEVARD: Approve an agreement to defer installing a sidewalk along the east side
of North Ocean Blvd (SR A1A) for the property located at 633 North Ocean B oulevard.
8.B. HOLD HARMLESS AGREEMENT/633 NORTH OCEAN
BOULEVARD: Approve a Hold Harmless Agreement with Dolores Cusson to insta ll
and construct utilities in the right-of-way of the State of Fl orida for the property located
at 633 North Ocean Boulevard.
8.C. RESOLUTION NO. 23-12: JOINT PARTICIPATION
AGREEMENT (JPA)/FLORIDA DEPARTMENT OF TRANSPORTATIO N
(FDOT): Approve Resolution No. 23-12; authorizing a Joint Participation Agreem ent
(JPA) with the Florida Department of Transportation (FDOT) to provide service
development funding to enhance and/or expand the Downtown Roundabout Shuttle
service within the City.
The caption of Resolution No. 23-12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA APPROVING A
JOINT PARTICIPATION AGREEMENT WITH THE
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION TO PROVIDE SERVICE
DEVELOPMENT FUNDING TO THE CITY OF
DELRAY BEACH TO ENHANCE AND/OR EXPAND
THE DOWNTOWN TROLLEY SERVICES LOCATED
WITHIN THE CITY OF DELRAY BEACH; PROVIDING
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FOR CONFLICTS; PROVIDING AN EFFECTIVE
DATE.
(The official copy of Resolution No. 23-12 is on file in the City Clerk’s
office.)
8.D. AMENDMENT TO THE WORKFORCE HOUSING COVENANT
WITH ALTA CONGRESS OWNER, LLC.: Approve an amendment to the
Workforce Housing Covenant between the City and Alta Congress Own er,
LLC., developer of the Alta Congress development.
8.E. REVISED WORKFORCE HOUSING COVENANT: BEHRINGER
HARVARD DELRAY, LLC.: Approve a revised Workforce Housing Covenant
between the City and Behringer Harvard Delray, LLC., develope r of the Franklin at
Delray Beach.
8.F. AMENDMENT NO. 3 TO THE LICENSE AGREEMENT: DELRAY
INTRACOASTAL CRUISES, LLC.: Approve Amendment No. 3 to the License
Agreement with Delray Intracoastal Cruises, LLC to extend the agreement to February 1,
2017.
8.G. CONSENT TO ASSIGNMENT/MOBILITIE INVESTMENTS II,
LLC TO SBA COMMUNICATIONS CORPORATION: Approve a Consent to
Assignment from Mobilitie Investments II, LLC to SBA Communi cations Corporation
for the cell tower at Barwick Park.
8.H. TRAFFIC ENFORCEMENT AGREEMENT/HIGH POINT OF
DELRAY BEACH CONDOMINIUM ASSOCIATION SECTION 1, INC.: Approve
a Traffic Enforcement Agreement with High Point of Delray Be ach Condominium
Association Section 1, Inc. to allow the City of Delray Beach Pol ice Department to
enforce State and local traffic laws on the private roads of Hi gh Point of Delray Beach
Condominium Section 1.
8.I. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.A.
8.J. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.
8.K. SPECIAL EVENT REQUEST/ON THE AVE: Approve a special
event request to endorse On the Ave to be held on July 3, 2012 from 6:00 p.m. to 10:00
p.m., to grant a temporary use permit per LDR Section 2.4.6(F) fo r the closure of A-1A
from the south end of Boston’s to the south side of the north parking lot entrance of the
Marriott and Atlantic Avenue from A-1-A to the east side of Sal ina; to authorize staff
support for security and traffic control, EMS assistance and f ire inspection, banner
hanging and removal, barricade set up and removal, and trash removal and clean u p.
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8.L. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS 9.A.A.
8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boa rds for
the period April 30, 2012 through May 11, 2012.
8.N. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Simply the Best Charter, Inc. in the annual estimat ed
amount of $45,989.00 for bus rental and driver service for the
Parks and Recreation Department for Youth Football Program,
Summer Day Camp, Holiday Day Camp, Special Events, Sport &
Dance Competition and Overnight/Weekend Trips. Funding is
available from multiple Parks and Recreation Department
accounts.
2. Contract award to Ovivo USA, LLC in the amount of $64,454.00
for removing and replacing the gear motor units on Clarifier Unit s
#1 and #3 at the Water Treatment Plant. Funding is available from
442-5178-536-64.90 (W & S Renewal & Replacement Fund:
Machinery/Equipment/Other Machinery/ Equipment).
Mr. Frankel moved to approve the Consent Agenda as amended, seconded
by Mr. Carney. Upon roll call the Commission voted as follows: Mrs. Gray – Yes;
Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; M r. Frankel – Yes.
Said motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A.A. SPECIAL EVENT REQUEST/4th OF JULY
FESTIVITIES: Approve a special event request for the 4th of July Festivities ,
including granting a temporary use permit per LDR Section 2.4.6(F ) for the closure of
Atlantic Avenue from the east side of N.E./S.E. 7th Avenue to Ocean Boul evard, and
from the south side of Thomas Street to the north side of Miramar on Ocean
Boulevard from 2:00 p.m. to midnight; to waive Code of Ordinances Sections 101.25
“Commercial Enterprises” and 101.32 “Assemblies” to allow assem bly on the beach and
vendors; to allow all beach parking lots to remain open until approximate ly midnight; and
to approve staff support for security and traffic control, stree t barricading and banner
hanging, large stage set up and use, EMS support, use of City generator, signage, and
clean up and trash removal.
Robert A. Barcinski, Assistant City Manager, stated Capta in Tabeek and
Sarah Martin stopped by his office this afternoon with the Fiel d Operations Manager as
well as James Galow, Superintendent of the Beach. Mr. Barcins ki stated they are
recommending instead of shooting from two locations that we shoot fr om one location on
the north side about Thomas Street for different reasons: (1) sa fety, (2) it can be
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controlled better, (3) the fireworks company thinks it would be a much better show
altogether in one location. Mr. Barcinski stated staff recommends approval of this event
and noted this is a city produced event with assistance from the De lray Beach Marketing
Cooperative (DBMC), approval of street closures, staff support , the waiver of ordinance
which would allow everyone to assemble on the beach, allows commerc ial activity there
as well as allows us to keep the beach parking lots open late r in the evening. Staff would
provide support for security and traffic control, street barric ading and banner hanging,
large stage set up and use, EMS support, use of City generator, s ignage, and clean up and
trash removal.
Mr. Frankel stated his recollection is that there is a major cost savings w ith
all the changes this year. Mr. Barcinski stated a major porti on of the savings comes on
the DBMC side and the actual was $67,000; however, the original budget for this year
was $87,000 because of increased costs staff anticipated for the b arge, barge rental, and
the tug cost. He stated this has been reduced to $61,000. Mr. Barcinski stated staff
estimates that overtime costs will come down $2,000-$3,000.
Mr. Carney stated if we are setting up on the beach at the end of Thomas
Street and shooting fireworks from there how far north is the perim eter going to be and
how far south is the perimeter going to be. Sarah Martin, Delr ay Beach Downtown
Marketing Cooperative, stated they will secure a perimeter of approximately a 400 foot
radius and that exceeds what was originally presented to the Com mission which was a
300 foot radius. Ms. Martin stated at the Dorchester is where it would be lifted off now.
She stated it will go two entrances to the beach north of Dorche ster and two to the south.
She stated high tide marks change so when they went onsite they l ooked for the best
location away from the sailboats and the widest part of the bea ch. Ms. Martin stated she
has maps for the Commission so they can see it lined out visually and reiterated where
the lifeguard tower is in front of Dorchester it would be two e ntrances to the north and
two to the south and is a substantial distance from A1A and Atlantic Avenue.
Mr. Jacquet commented about the $2,000-$3,000 savings to the City in
overtime costs and asked what the total cost is for the City. M r. Barcinski stated the City
would have had a larger expense had we shot from a barge because w e would have had to
rent two boats and man them this year which we did not have in previ ous years. The City
Manager stated the total cost including the cash contribution for the fireworks is $69,000-
$70,000.
Mr. Jacquet stated when this was presented at the Workshop one of the
highlights to the presentation was in fact that we are going to have two locations because
it was presented as safer. Mr. Barcinski stated that was the thinking at the time and it was
based on discussions with the office staff at Grucci and their field guy. Mr. Barcinski
stated our fire department and their staff feel that it wil l be safer with one location and a
better show overall. Mr. Barcinski stated the fire department felt we could go either way
but at that time they preferred one location possibly but the f ireworks company at that
time felt two was better and now their field guy feels one location will be safer.
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Mayor McDuffie stated the projected budget was $87,000. Mr. Barc inski
stated at mid-year the DBMC reduced that based on not having a tug, barge, dock fees,
and some of the other costs associated with that. Ms. Martin st ated it was also based on
budgeting for a barge at $25,000 based on what happened last year.
Mr. Frankel moved to approve Item 9.A.A. (formerly Item 8.L.),
seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mayor
McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. F rankel – Yes; Mrs. Gray –
Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:02 p.m., the Commission moved to the du ly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. PUBLIC COMMENTS/FY 2013 PROPOSED BUDGET: The City
Commission will hear public comments, if any, regarding the F Y 2013 Proposed Budget
at this time.
Steve Blum, Antilles Homeowners’ Association, stated he has seen a
real good change in attitude from the City and the City Commiss ioners compared to last
year. Mr. Blum stated a year ago it appeared that the Com mission wanted to spend more
money and implement a fire fee to cover the costs. He stated t hrough Mr. Jacquet, Mr.
Carney and Mrs. Gray, they respond to his emails with things like asking people
questions about how can we reduce this or how can we reduce that. Mr. Blum stated he
feels we have really turned the corner in that direction and feel s they are not just looking
at last year’s budget and adding on 4.6% to it but instead the City is looking at what it
takes to run a department correctly and efficiently and feels that is a good thing. Mr.
Blum suggested the following: (1) that the City charge for the do g park or shut it down,
(2) charge for the downtown shuttle or shut it down, (3) institute a flat rate two year term
fire fee but only with corresponding reduction in the millage rate , (4) over the past month
there have been many issues and he has documented in emails to the Commission about
the poor way that the billing system for the water system a nd trash system is being run;
hundreds of people that should not have been billed were billed on the barrier island and
for his specific bill he received double credits. Mr. Blum st ated he feels these mistakes
are showing him that the City is not being run properly.
Dr. Victor Kirson, D.D.S, 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), asked why are we discussing this so early because
we have no idea what our budget needs will be. Dr. Kirson st ated July 1 st we will get an
approximation of the decrease in property values even though it is up near 1% it changed
drastically last year. He stated we have approximately 850 e mployees and for 3-5 years
they have not received a pay raise; they have lost 8-10% of their income and they are not
going to stay with the city unless this year we come up with something whether it is a pay
increase or giving back steps. Dr. Kirson stated if the cit y wants to keep its employees
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here give them something to stay here for.
Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, stated if
the Sun-Sentinel is correct the Mayor invited the public to discuss the budget and if it was
reported accurately what the Mayor may have said “if you don’t w ant taxes to go up we
are going to have to cut services.” Mr. Warner stated anything that he has ever read from
professional experts has argued that there should be a split in municipal budget planning
between essential services and non-essential services. He sta ted he does not want the city
to cut essential services to hold our tax rate. Mr. Warner stat ed 60% of the budget
according to the auditors is identified as public safety and urg ed the Commission to not
cut essential services. Mr. Warner stated he believes it is a dis-service to argue to
taxpayers that the only way to hold taxes is to cut services because there is a distinction
between essential services and non-essential services. He su ggested if the City is looking
for ways to raise revenue they might consider extending the tim e the parking meters on
the beach continue to operate from 8:00 p.m. until midnight. He asked i f Boston’s, Caffé
Luna Rosa, BurgerFi, and the Marriott can afford this and stated thei r customers are
spilling into the street. Mr. Warner stated every time he ha s gone up to the beach over
the past season to gather his data in addition to talking to people between 8, 9, and 10:00
p.m. informing them that they might change so you have to pay aft er 8:00 p.m. Mr.
Warner stated the responses he gets uniformly are along the lines of “so what, I spend
over $100 here every night I care about a few more dollars for the p arking meter; who
cares, are they ready to do that….I don’t live here….I don’t pay taxes.” Mr. Warner
stated another comment that a person said “Meters after 9:00, 10:00, or 11:00 at night….
Do you think I come here because the parking is free?” Mr. Warner stated that is not an
essential service; his tax dollars subsidizing the restaurants on the be ach.
T.J. Daugherty, 173 S.E. 5 th Avenue, Delray Beach, FL 33483 (55 year
resident and was in Vietnam and Iraq), urged the Commission to not cut essential
services. He stated the Commission is professional and doing a g ood job. He suggested
that the City get concerts to perform in the tennis stadium as a way to make m oney.
At this point, there being no one else from the public who would l ike to
speak on the fiscal year 2013 proposed budget, the public hearing was c losed.
10.B. ORDINANCE NO. 11-12: Consider a city-initiated amendment to the
Land Development Regulations (LDR) Article 7.9, “Docks, Dolphins, F inger Piers, and
Boat Lifts”, by amending Section 7.9.5, “Standards for Approval”, to clarify current
language regarding docks.
The caption of Ordinance No. 11-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS, ARTICLE 7.9 “DOCKS, DOLPHINS,
FINGER PIERS, AND BOAT LIFTS” BY AMENDING
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SECTION 7.9.5, “STANDARDS FOR APPROVAL”, TO
UPDATE SAME; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 11-12 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, AICP, Director of Planning and Zoning, stated this i s an
LDR amendment to the portion of the code that deals with docks. Current ly, docks are
not allowed to project more than five feet into a waterway fr om a property line, seawall,
bulkhead, or seawall cap, whichever is nearest to the waterway. Mr. Dorling stated there
is a restriction that they not extend further than eight (8) feet beyond the property line.
He stated this would prohibit construction of docks in those cases wh ere property lines
are in excess of eight (8) feet landward of the waterway or when the property line lies
within the water channel.
At its meeting of February 28, 2012, the Planning and Zoning Board
reviewed the ordinance and the Board tabled the ordinance and it was rewritte n to address
some issues and it came back them on March 19, 2012. The Board recom mended
approval at that time with a 6 to 1 vote. Mr. Dorling stated t he Commission
recommended approval of this ordinance for first reading on May 1, 2012. St aff
recommends approval on second reading.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Or dinance No. 11-12,
the public hearing was closed.
Mr. Frankel moved to adopt Ordinance No. 11-12 on Second and FINAL
Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr.
Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie
– Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
11.A. City Manager’s response to prior public comments and inquiries.
The City Manager stated at the previous meeting Dr. Victor Kirson
expressed concern about staffing levels in the Police Departme nt. The City Manager
stated the Chief and Police Department staff review crime s tatistics, unit section
deployments and action plans each week. The Chief has the authority to hire and makes
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his decisions based on operational staffing needs and community ne eds as well as the
budget. The City Manager stated currently the department is hir ing and calendar year to
date crime is down 9¼%.
Secondly, the City Manager stated Mrs. Miller expressed conc ern about
crime in the Sherwood Park/Lakeview neighborhood. The City Manager s tated there
were police officers that attended the meeting that she held and any burglaries in the
neighborhood are being vigorously investigated. He stated five of t he investigations
reveal a touch DNA and have been submitted to the Sheriff’s depa rtment laboratory. The
City Manager stated there is a huge backlog and the City ha s not yet received results.
The City Manager stated one instance revealed the video of a sus pect and the video was
given to the media and broadcast. To date the suspect has not been identified. Detective
Hunter has developed a possible suspect and is trying to get him positively identified.
The letter requested presence of marked police units in the nei ghborhood. Review of calls
for service in the neighborhood shows that there is frequent documented police presence
in the area and this includes traffic stops and alarm calls. The City Manager stated as far
as the time for responding to calls in the neighborhood, the neighbor hood has had three
priority calls for service year-to-date and the average respons e time was 4 minutes and 15
seconds. He stated throughout the City there were 277 priority one calls with an average
response time of 5 minutes and 10 seconds. The City Manager stated year-to-date the
neighborhood has had 47 priority two calls with an average respons e time of 10 minutes
and 21 seconds; citywide there were 6,220 priority two calls with a n average response
time of 10 minutes and 17 seconds. The City Manager stated the resp onse in the
neighborhood is typical for the City and within our standards for response times.
11.B. From the Public.
11.B.1. Willie Potts, Jr., 202 N.W. 14 th Avenue, Delray Beach, FL 33444,
expressed concern over the condition of the gym floor at Pompey Park and stated a few
years ago the City spent approximately $50,000 to renovate the floor and it is already
getting torn up.
11.B.2. Betty Goodman, 930 S.W. 11 th Terrace, Delray Beach, FL 33444,
thanked the Delray Beach Police Department for their assistanc e in her neighborhood
with a family that moved across the street from her who were p laying loud music at
2:00/3:00 a.m. and smoking marijuana. Ms. Goodman stated she asked the P olice to do
a slow drive-by with the windows down and everything has disbursed.
11.B.3. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), commented on the Davis Cup Finals and stated he
would like to see some changes in the thought pattern. Dr. Kirson s tated when a City
needs money the way we do we should not be giving it away, we should not b e giving
our services free, and we should be getting paid for it. He state d the event is going to be
held a week before Thanksgiving and noted this is not prime ti me and suggested that the
City go along with that and let commerce make its money when it is not prime time. Dr.
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Kirson stated the Assistant City Manager stated that we would need to put up of our
taxpayers dollars $400,000 and maybe get that money back in sponsors. Dr. Kirson
stated he would like to see the Chamber of Commerce get $400,000 from i ts members.
Dr. Kirson stated the Assistant City Manager noted that we ar e going to throw in police,
fire, sanitation and electrical and all the other cities so De lray Beach stands a better
chance at getting this contract. If all the other cities would not throw in t heir services free
and we would who is right them or us. Dr. Kirson stated Delray Bea ch is wrong to
charge for its services and feels that the Chamber of Commer ce could get more sponsors
and pay for the services. The City represents the residents that pay the taxes not the
restaurants or the hotels; the Chamber of Commerce represents them. Dr. Kirson stated it
was estimated that they could make approximately $5 million on t his event and the tennis
made $17 million and the City did not get a penny. He stated if t hey make $5 million
then the City should get back 10% into our budget.
11.B.4. José Aguila, Principal with Currie Sowards Aguila Architects ,
134 N.E. 1 st Avenue, Delray Beach, FL 33444, stated from 1993-1998 he was employed
with the City of Delray Beach as Construction Manager and was also a City
Commissioner and Vice Mayor for the City of Boynton Beach for t wo terms beginning in
1991. Mr. Aguila commented about the recent Change Order request for the Pompey
Park Concession project that came before the City Commission on May 1, 2012. Mr.
Aguila stated a suggestion was made that the project ended up costing twice what was
budgeted and although that is technically correct it was not a r esult of any error on the
part of the consultant; it was because the original budget for t he project was set by sitting
without the benefit of a defined scope. He explained that it wa s the scope that doubled
not the budget. Mr. Aguila stated as architects, they have doze ns of code books and rules
that affect their design and construction and every project is uni que and affects codes
differently. He stated in the case of the elevator code there is no one locally to discuss
these interpretations with and generally by the time an elevat or inspector makes a ruling
in the field they are at the end of the construction process. Therefore, Mr. Aguila stated
that they do not have the luxury or time to file an appeal to the St ate so they are forced to
cave in and do what they are told to do and they take advantage of tha t. Mr. Aguila
stated at Pompey Park the State elevator inspector arbitra rily decided that they needed
heat detectors at both levels of the elevator door opening and the ar chitects argued that
the code was clear to them that in a non-monitored and non-sprinkler buil ding like theirs
that these detectors were not required. He stated it was compounde d by the fact that
these detectors are located on an open breezeway making them ine ffective even had they
been required. Mr. Aguila stated the inspector further agreed that they would be
ineffective but he wanted them anyway. Mr. Aguila made refer ence to a comment
expressed by a Commissioner that the consultant should have known that t hese heat
detectors were going to be required. He stated there is no way the consultant or anybody
else could have anticipated that the inspector was going to arbitrari ly interpret a particular
code section in this manner and inconsistent with the law. Mr. Aguil a reference another
comment made by the Commission was the consultant should pay for the heat detectors.
Mr. Aguila explained the term “betterment” and stated it b asically says that “an owner
cannot receive the benefit of a product without the expectation of payment even in the
event that a consultant makes an error the ultimate product receive d cannot be received
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for free.” “All projects should have funds set aside as any other legitimate line item to
cover unforeseen items such as change in scope, added services, addi tional time, crazy
out of control inspectors, owner changes.” Mr. Aguila stated the tr ick is making sure that
these are applied responsibly and in accordance with industry sta ndards. He stated in the
case of Pompey Park the project contingency was $35,000 and these $2,600 detectors
were properly paid for through this line item and in the end ther e was still 15% of the
contingency funds that were not used and returned to the city via a ch ange order. Mr.
Aguila stated change orders are a fact of life in the desig n and construction industry and
wanting them gone is not possible or realistic; the change orders just need to be addressed
responsibly and that is what they did. He stated they are very proud of their work with
Pompey Park and all their other projects with the City of De lray Beach and they have
been providing professional architectural services to the City of Delray Beach since the
early 1980’s and hopes to continue doing so in many more years to come.
11.B.5. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, stated the
company running the cabanas on the beach does a fabulous job and he i s glad that the
City recently renewed their contract.
Secondly, Mr. Warner expressed concern over special events and wh ether
or not the event organizers are getting some of the overtime costs paid for by the city. He
stated at a recent meeting there was discussion where it was clear to him that a new
policy going forward was going to be that the special event m anagers are going to pay all
the overtime costs. Mr. Warner asked if that policy has not ki cked in yet or has
something changed.
Robert Barcinski, Assistant City Manager, stated the dir ection was that it
would take affect October 1 st but the Delray Beach Marketing Cooperative (DBMC) and
Old School Square will go from 35% to 50%; everyone else will be paying the City
100%.
Mayor McDuffie stated on comments and inquiries on non-agenda it ems it
is in the rules of order that the City does not respond to them on the spot and respond to
them later. Mayor McDuffie stated periodically staff wil l respond because something is
important. Mayor McDuffie stated in 2011 they were introduced to a concept of priority
based budgeting and they learned that across the board slashes or a cross the board
increases are not wise things to do.
9.A.A.A. SERVICE AUTHORIZATION NO. 12-03/MATHEWS
CONSULTING, INC.: Approve Service Authorization No. 12-03 to Mathews
Consulting, Inc. in the amount of $25,910.00 for professional engineering services re lated
to the Water Meter/AMI System implementation. Funding is avail able from 442-5178-
536-64.46 (Water & Sewer Renewal & Replacement Fund: Machinery
Equipment/Automated Meter Reading).
Richard Hasko, Director of Environmental Services, stated this it em has to
do with a request for approval of a consulting contract with Matthe ws Consulting, Inc.,
for compiling bid documents for advertising and advanced metering infr astructure system
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(AMI). Mr. Hasko stated in February staff presented this wit h the consultant in terms of
taking advantage of the current technology over a time phase per iod to install advanced
technology for our metering infrastructure. He stated it increas es the accuracy of our
meters because overall staff is seeing a 4-6% reduction in acc uracy and when you
multiply that times the number of meters in the system it t urns out to be a significant
amount of revenue as well as water unaccounted for which is also imp ortant. Mr. Hasko
stated this technology with the new meters will help us out in tha t respect and it also will
provide us the ability to get real time information from the c haracteristics of our water
system which will help us make more informed decisions not only fo r planning from an
efficiency and effectiveness standpoint but also for monitoring our system and its
characteristics for an operational standpoint in terms of fl ow directions and chemical
residuals that staff is required to monitor in the system, etc. a nd to help us maintain a
better handle on our compliance with our consent of use permitting. M r. Hasko stated it
will help us to reduce staff in terms of being able to monitor and read the meters as
opposed to getting monthly readings having to send someone out to tap th e button on the
box or to do a radio re-drive by and then come back and download that information into
the City’s system. It also gives us the opportunity and the abi lity to operate individual
services remotely. Mr. Hasko stated this would give the City the ability to extend that
type of technology to individual service connections in term of turn -offs and turn-ons.
He stated the amount of the service authorization is $25,910 and the scop e would be to
compose bid documents in two sets to try and save some money on those c osts; one
would be for the actual purchase of the equipment and the other would be for the
implementation of the installation.
Mr. Carney stated he asked that this item be pulled from the C onsent
Agenda because of two reasons; first, Mr. Carney stated the pres entation at the Workshop
was very good and it shows a forward looking approach and it is going to save money for
the City over a long period of time and having a better handle on what is going on with
the system and the second reason is he wants to make sure that t he scope of work was
entailed enough so that we won’t be coming back with a change orde r on the amount of
money that is being bid for the scope. Mr. Hasko stated the scope will t ake us completely
through contract award.
Mr. Jacquet asked if the $26,000 is for developing a bid package. Mr .
Hasko stated it is for two sets of bid packages based on the re commendations from the
original report and to assist staff with the bid evaluations and ul timately
recommendations for award. Mr. Jacquet inquired about the $65,000. Mr. Has ko stated
that was a study and analysis combining the condition of our syst em, establishing the
base parameters such as where are we right now, how old are our meters, and what are
the reductions in accuracy because of their age and to do the inve stigations into the types
of technology that are available and the different proprietary types of systems that are out
there and to reduce down to a series of recommendations as to who’s technology we may
want to implement.
Mr. Jacquet stated aside of this ninety plus thousand dollars the onl y
expense the City is going to have next is the contract itself to get the work done. Mr.
Hasko stated this is correct
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Mr. Carney moved to approve Item 9.A.A.A. (formerly Item 8.J.),
seconded by Mr. Frankel. Upon roll call the Commission voted as follow s: Mr. Jacquet
– Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffi e – Yes; Mr. Carney – Yes.
Said motion passed with a 5 to 0 vote.
9.A.A.A.A. INTERLOCAL GRANT AGREEMENT/PALM BEACH
COUNTY/POMPEY PARK BASEBALL FIELD RENOVATION PROJECT :
Approve an Interlocal Grant Agreement with Palm Beach County for funding of various
improvements and renovations to Pompey Park Baseball Fields in the amount of
$92,629.00.
Robert A. Barcinski, Assistant City Manager, stated this is a grant with
Palm Beach County to help with funding various improvements at Pom pey Park for
$92,629.00. Mr. Barcinski stated this was money that was left in the account under
Commissioner Taylor’s funding that was not used for Spady. He tha nked Commissioner
Gray for getting this money plus a little more and this will help with ball fields, baseball
cages, fencing, grass, etc.
Mrs. Gray stated she asked that this item be pulled from the Consent
Agenda because she wanted to publicly thank Commissioner Taylor and the rest of the
County Commissioners because in this economy things are really tou gh right now. Mrs.
Gray stated with the concession stand at Pompey Park and the pr ess box being renovated
they noticed that some of the fields are not regulated as well. She stated now the field
will be regulated and the City will be able to have more tour naments because not only
does the Little League use the field but it is the home field for Trinity Lutheran as well.
Mrs. Gray stated not only did Commissioner Taylor give these dollar s back to the City of
Delray Beach but she also gave dollars to Old School Square as well.
Mr. Jacquet moved to approve Item 9.A.A.A.A. (formerly Item 8.I.),
seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mr. Frankel –
Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Y es; Mr. Jacquet – Yes.
Said motion passed with a 5 to 0 vote.
At this point, the time being 7:42 p.m., the Commission moved to Item
9.A. of the Regular Agenda.
9.A. WAIVER REQUEST/SOUTH DELRAY SHOPPING CENTER:
Consider a waiver request to Land Development Regulations (LDR) Section 4.6.9
(D)(4)(d), “Standard Isle Width”, to allow a 22.3’ where a 24’ minim um two-way drive
aisle width is required for South Delray Shopping Center located a t 3000-3195 South
Federal Highway. (Quasi-Judicial Hearing)
Mayor McDuffie read the City of Delray Beach Quasi-Judici al Hearing
rules into the record for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
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Mayor McDuffie asked the Commission to disclose their ex par te
communications. Mr. Frankel, Mrs. Gray, Mayor McDuffie, and Mr. Carney stated they
had no ex parte communications to disclose. Mr. Jacquet stated he has driven by the site.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2012-104.
Mr. Dorling stated this is a waiver request for South Delray Shopping
Center pursuant to LDR Section 4.6.9(D)(4)(d) to allow a driveway isl e of 22 feet 3
inches versus the required 24 foot minimum that is required by the LD Rs. Mr. Dorling
stated the shopping center is being renovated and in that renovation they are installing a
two-truck width loading area and that reduces the drive aisle that i s passing that to 22 feet
3 inches where the 24 foot is required.
Mr. Dorling stated this was considered by the Site Plan Review and
Appearance Board (SPRAB) as part of a Class II Site Plan Modification approval. The
Board recommended approval with a 4 to 0 vote with the required finding s and the
minimal impact of this waiver. Staff recommends approval at this time.
Derrick Cave, Kimley Horn & Associates, 445 24 th Street, Vero Beach,
FL (graduated from Virginia Tech in 1987 and is a Registered Pr ofessional
Engineer in the State of Florida and has been since 2000), stated at this shopping
center location they are changing the tenants and it is going to a grocery tenant. Mr.
Cave stated prior to this being a fitness facility it was an old Winn Dixie and when it was
a grocery store they served their grocery facilities wi th one loading dock and noted that
most of the national chains use two loading docks. He stated part of the reason they use
two loading docks is the ability to have one trailer being wor ked on so that the cab can
drop the trailer off, pick a trailer up and leave and that way you do not have idling trucks.
Mr. Cave stated this saves on fuel efficiency, noise, etc. He stated because of the
landscape buffers they want to maintain and the existing scree n laws that they want to
maintain in the short area in the loading dock area they are reduc ing it to 22.3 feet from
the 24 feet. Mr. Cave stated the parking that is in the back of this facility is employee
parking and there will not be a lot of in and out traffic.
Mayor McDuffie stated if anyone from the public would like to address
the Commission regarding the waiver request, to please come forward at thi s time.
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the C ommission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Carney moved to adopt the Board Order as presented, seconded by
Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs . Gray – Yes; Mayor
McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Fra nkel – Yes. Said motion
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passed with a 5 to 0 vote.
9.B. OFFER OF SETTLEMENT IN MATTHEW BISESTO,
INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF ALEXIS
BISESTO V. CITY OF DELRAY BEACH: Consider an Offer of Settlement in the
total amount of $70,000.00 in Matthew Bisesto, Individually and as Parent and Na tural
Guardian of Alexis Bisesto v. City of Delray Beach. Staff recommends ap proval.
The City Attorney stated this was an incident that happened on Ve teran’s
Park playground. The plaintiff in this case is a five year old girl and fell on monkey bars
and sustained medical costs to date of approximately $25,000 and future m edical costs
approximately $30,500. The City Attorney stated staff recommends settlement in this
case for $70,000 provided that the plaintiff signs all of the appropriate rele ases.
Mr. Frankel moved to approve the settlement offer in the amount of
$70,000 subject to the receipt of the appropriate releases, seconded by Mr. Carney. Upon
roll call the Commission voted as follows: Mayor McDuffie – Ye s; Mr. Carney – Yes;
Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. S aid motion passed with a 5 to
0 vote.
9.C. APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE
BOARD: Appoint one (1) regular member to serve an unexpired plus two (2) year term
ending August 31, 2014 to the Site Plan Review & Appearance Board. Base d upon the
rotation system, the appointment will be made by Commissioner Frankel (S eat #3).
Mr. Frankel confirmed that this is an appointment through August 31,
2014 contingent on the ordinance passing on second reading and it would not aff ect the
appointment should he make it tonight.
The City Attorney stated the ordinance provides that any appointm ents
made at this meeting tonight and thereafter shall be under the pr ovisions of the new
ordinance.
Mr. Frankel moved to appoint Jim Knight as a regular member t o the Site
Plan Review and Appearance Board to serve an unexpired term ending August 31, 2012
and an additional two (2) year term ending August 31, 2014, seconded by M r. Jacquet.
Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mr. Jacquet – Yes;
Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. S aid motion passed with a
5 to 0 vote.
9.D. APPOINTMENT TO THE POLICE & FIREFIGHTERS
RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member
to serve a two year term ending June 30, 2014 to the Police & Firefight ers Retirement
System Board of Trustees. Based upon the rotation system, the appoi ntment will be made
by Commissioner Carney (Seat #1).
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Mr. Carney moved to reappoint Adam Frankel as a regular member to the
Police & Firefighters Retirement System Board of Trustees to serve a two (2) year term
ending June 30, 2014, seconded by Mrs. Gray. Upon roll call the Commission vot ed as
follows: Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes ; Mayor McDuffie –
Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote.
9.E. APPOINTMENT TO THE GREEN IMPLEMENTATION
ADVANCEMENT BOARD: Appoint one (1) alternate member to the Green
Implementation Advancement Board to serve an unexpired term ending J uly 31,
2013. Based upon the rotation system, the appointment will be made by Commissioner
Carney (Seat #1).
Mr. Carney moved to appoint Pamela Grossman as an alternate me mber to
the Green Implementation Advancement Board to serve an unexpired t erm ending July
31, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as f ollows:
Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr . Carney – Yes; Mr.
Jacquet – Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:53 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 15-12: Consider an amendment to Chapter 32,
“Departments, Boards and Commission”, of the Code of Ordinances by a mending
Section 32.09, “Expiration of Terms; Commencement of Terms”, and Sect ion 32.10,
“Vacancies”, to clarify that certain appointments made to fill a vacancy, where there is
less than six months of the current term left, will also include the following regular term.
If passed, a public hearing will be held on June 5, 2012.
The caption of Ordinance No. 15-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 32, “DEPARTMENTS,
BOARDS AND COMMISSIONS”, OF THE CODE OF
ORDINANCES BY AMENDING SECTION 32.09,
“EXPIRATION OF TERMS; COMMENCEMENT OF
TERMS” AND SECTION 32.10, “VACANCIES”, TO
CLARIFY THAT CERTAIN APPOINTMENTS MADE
TO FILL A VACANCY, WHERE THERE IS LESS
THAN SIX MONTHS OF THE CURRENT TERM LEFT,
WILL ALSO APPLY TO THE FOLLOWING REGULAR
TERM, PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
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05/15/12
(The official copy of Ordinance No. 15-12 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance and explained that this
ordinance provides that any time that there is a term of six months or less when the
appointment is made it will automatically roll over into the next full term.
Mr. Carney stated he is glad that this was proposed and in ord er to get
people interested you need to let them know that they are going to have a run and that
three months from now or six months from now that they have to face reappointment.
Mr. Frankel thanked the Commission for their support and City Att orney’s
office in getting this ordinance together on such a quick matter.
Mr. Jacquet stated this is a great ordinance and he is impre ssed with how
quick the City Attorney was able to put it together. Mr. Jacquet inquired about Boards
where people have been absent for more than three times. The City Manager stated if
someone is absent for more than three times they are automatically removed.
Mr. Frankel moved to approve Ordinance No. 15-12 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mrs. Gray –
Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Y es; Mr. Frankel – Yes.
Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 17-12: Consider approval of a privately-initiated
amendment to Land Development Regulations (LDR) Section 4.4.11, “NC
(Neighborhood Commercial) District”, Subsection (F), “Developm ent Standards”,
Subsection (G), “Supplemental District Regulations”, and Subse ction (H), “Special
Regulations”, to modify the regulations for properties within the Wallace Drive Overlay
District. If passed, a public hearing will be held on June 5, 2012.
The caption of Ordinance No. 17-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 4.4.11, “NEIGHBORHOOD
COMMERCIAL (NC) DISTRICT”, SUBSECTION (F),
“DEVELOPMENT STANDARDS”, SUBSECTION (G),
“SUPPLEMENTAL DISTRICT REGULATIONS”, AND
SUBSECTION (H), “SPECIAL REGULATIONS’, TO
MODIFY THE REGULATIONS FOR PROPERTIES
WITHIN THE WALLACE DRIVE OVERLAY
DISTRICT; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
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05/15/12
(The official copy of Ordinance No. 17-12 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated this i s a
privately initiated amendment to the LDRs that would modify devel opment standards and
other regulations in the Neighborhood Commercial Zoning District f or properties that are
located within the Wallace Drive Overlay District. Mr. Dor ling stated the Commission
recommended approval of some changes to this property to accommo date a Dollar
General and part of that process was to change the zoning to NC (Neighborhood
Commercial). He stated many of the provisions that apply to N C are being requested to
be modified to be the same ones that would have applied under the old zoni ng of LI
(Light Industrial); however, the use would not have been accommodated. Mr. Dorling
stated there is also a minimum 4,000 square foot that applies in the NC District which
would be eliminated here for individual structures. He stated t here is a maximum floor
area ratio that applies to this property that was part of that process that needs to be
modified and is different from the NC zoning and there is also a 2,000 s quare foot
maximum floor area for office. Mr. Dorling stated in this c ase they do not want that to
apply to this and it would not have applied under the old zoning of LI (Light Industrial)
either and there is a 10,000 maximum floor area for a single re tailer in the NC
(Neighborhood Commercial). He stated given this location it is appropriate to support a
larger structure and the Dollar General is just over 16,000 square fe et. Mr. Dorling stated
all of these changes to the NC district would apply only to prop erties within this overlay
district. He stated the final changes are necessary to acc ommodate the Dollar General
which the Commission approved those additional changes a couple of meetings ago.
At its meeting of April 16, 2012, the Planning and Zoning Board revie wed
the item and no one from the public spoke on the amendment. The Boar d recommended
approval with a 4 to 0 vote. Staff recommends approval.
Mr. Frankel moved to approve Ordinance No. 17-12 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mayor
McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. F rankel – Yes; Mrs. Gray –
Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:59 p.m., the Commission moved to Item
13, Comments and Inquiries on Non-Agenda Items.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
With regard to comments expressed by Commissioner Jacquet ab out the
problem with the intersection at Davis Road and Lake Ida Road, t he City Manager stated
the problem that the City sees is buses not allowing vehicles to exit driveways onto Davis
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Road. The City Manager stated the fleet leaves the school at the same time creating a
long chain of bus traffic and the buses can be this way for 3-5 minutes bec ause of the stop
sign at Lake Ida Road where the buses have to turn left or right and they are blocking
driveways longer than they should. He stated the suggestion to allevia te blocking of
driveways on Davis Road is to re-educate the drivers and make them aware this is
occurring; the driver should be cognizant of the fact that they are impeding residents
wishing to exit. The City Manager stated the City will be sp eaking with the
Superintendent of Transportation at the School Board to get this inform ation out and will
also monitor the stop sign at Davis Road and Lake Ida Road to see if it will be
appropriate to conduct some type of traffic control there. If that is the case, the City will
contact the School Board police for their assistance and correcti ng the driveway problem
may ease the second issue. The City Manager stated the City w ill set a meeting with the
Transportation Superintendent to try to resolve this and with school finishing up in a few
weeks this is something that will be addressed primarily for the new schoo l year.
Mr. Jacquet stated he would like to be kept abreast of when sta ff speaks to
the Transportation Superintendent.
13.B. City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mr. Jacquet
Mr. Jacquet stated many of the Commissioners attended the thre e new
openings for businesses (i.e., Sand Bar, 75 Main, and DeBilzan Art S tudio) which were
very well attended. He stated some of the Commissioners also attended the campaign
grade level reading which was pretty good.
Secondly, Mr. Jacquet stated he had the opportunity to do a couple career
fairs this past week at Crosspointe Elementary and Orchard V iew Elementary and the
students are very excited about what goes on in our city.
Mr. Jacquet stated he attended the CJ Foundation Gala this past weekend
which was very good. Mr. Jacquet stated he and Mayor McDuffie we re at the Criminal
Justice Academy Banquet and feels that Atlantic High School is not only the greatest
high school ever but the Criminal Justice Academy is very good.
He stated on May 5, 2012 he had the privilege of attending the 15 th year
anniversary for AM 980 which is run by a gentleman by the name Le slie Jacque for
longer than 15 years. Mr. Jacquet stated Mr. Jacque educates the Ha itian-American
community on what is going on and calls himself “a radio supers tar” and very well
known in the community.
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Lastly, Mr. Jacquet recognized in the audience Mr. Bobby Powell, Jr.,
who in his former life working for the State Legislature, was in their office working with
State Representative Mack Bernard. Mr. Jacquet stated Mr. Pow ell is running for State
House.
13.C.2. Mr. Carney
Mr. Carney thanked Ms. Goodman for her comments regarding the Polic e
Department. He stated what Ms. Goodman articulated tonight was discussed by the
Commission as a group a couple of days ago in the Goal Setti ng session about how we
can work with neighborhoods who want to improve themselves when some one might
move into that neighborhood who is disruptive in one way or another. Mr . Carney stated
the Commission is taking this very seriously and he hopes to see that kind of response
and improvement citywide.
13.C.3. Mrs. Gray
Mrs. Gray thanked the Police Department and Ms. Goodman as well .
Mrs. Gray stated Commissioner Carney mentioned that the Commissi on was in their
Goal Setting session discussing “No Tolerance” from the drug deale rs and people that
come in and disturb the neighborhoods. Mrs. Gray stated she lived i n a nice quiet
neighborhood and right next door three individuals moved in and turned the plac e upside
down. She stated the City needs the support of the homeowners assoc iations and the
entire community.
Secondly, Mrs. Gray stated she is working with Palm Beach Count y
Commissioner Abrams about trying to bring dollars so that the C ity can renovate the
gazebos. Mrs. Gray asked the City Manager to send the infor mation she received from
Mr. Abrams to Mary Renaud from the BPOA.
13.C.4. Mr. Frankel
Mr. Frankel thanked Commissioner Carney and the rest of the
Commission for reappointment to the Police and Fire Pension Board. M r. Frankel stated
he was originally appointed in 2007 and with this reappointment he has been the second
longest tenured member and currently the Vice Chairman of the Board.
Secondly, Mr. Frankel stated he too attended the CJ Foundation Gala a nd
there was a wide variety of local, state, and national elected of ficials there. Mr. Frankel
stated Dr. Andre Fladell was recognized this year with a “Si lent Hero” Award and Perry
DonFrancisco awarded $6,000 in scholarships to children of four (4) of our D elray Beach
Police Officers.
Mrs. Gray stated she would like to remind and share with her f ellow
Commissioners that if one Commissioner attends an event that per son represents the
entire Commission.
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13.C.5. Mayor McDuffie
Mayor McDuffie stated he is sorry that he missed the C J Foundation event
this year. He stated he has been for the last several year s and noted it is a great
organization.
Secondly, Mayor McDuffie stated at the Goal Setting session regarding
the digital divide and he was waiting for his quotes to come in. He stated this morning
when he got to the office and opened his email the quote was there and so he now has the
quote for all of the equipment with the exception of the wireless routers. Mayor
McDuffie stated the quote is for $124,000 and we have currently committed $97,000 and
will be approximately $27,000 short in being able to meet this f inancial contract. He
stated he will need to get the amount of additional routers that we need because the TED
Center already has some leftover from the last time we kic ked this project off. Mayor
McDuffie stated he would like to find out how many they have and how ma ny more we
need and get that financial information in. Mayor McDuffie stat ed he and the City
Manager are going to have a kick-off conference call with the stakeholders on Friday,
May 18, 2012 to get them involved and then they will actually have a pub lic meeting.
Mayor McDuffie stated the Palm Beach Education Foundation who has t he wherewithal
to do the contracts on purchasing the equipment did so for Pleasant Ci ty on their Wi-Fi
project. Mayor McDuffie stated they are going to bring eve ryone to the table and
hopefully by early summer they will have this kicked off.
Mayor McDuffie stated the Campaign for Grade Level Readi ng is
something where the Commission is going to have to engage the commu nity because in
this meeting there were about 40 people represented and everyone agreed that we cannot
make the impact on the community and cannot get this going to the leve l that we need it
going without a “ground swell effort”. He stated the symptoms of what they are trying to
address are that 50% of students in the 3 rd grade are not reading at grade level and by the
time they reach 10 th grade 66 2/3% of them are not reading at grade level. Mayor
McDuffie stated they looked at attacking this in many ways: (1) attendance problems are
causing this and if children are not in school all the time they slide backward as comp ared
to their peers so they are looking at improving attendance, (2) incr ease what we do in the
summertime to engage these kids over the summer where the ty pical child who does not
go to a summer camp where there is academic instruction loses 2½ months of grade level
reading over the summertime. Mayor McDuffie stated this summe r they have hired some
certified teachers to be in a pilot program where they ar e taking 27 kids but they need to
make this to the point where they are engaging all of the kids. In Delray Beach,
approximately 200 students a year to the fallout of the inability to read at grade level to a
problem that they believe they can fix.
Lastly, Mayor McDuffie reiterated comments expressed a bout the Delray
Beach Police Department. He stated there are two progra ms that they put in within the
past several years one being community policing and the other one i s the P.O.P. (Problem
Oriented Policing). Mayor McDuffie stated those things have rea lly helped us out in the
communities and those people who are engaged with people who ar e in the communities
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05/15/12
are helping the city a great deal as well because they ge t feedback from the communities
and we know where problems exist.
There being no further business, Mayor McDuffie declared the m eeting
adjourned at 8:16 p.m.
__________________________________________
City Clerk
ATTEST:
____________________________________
M A Y O R
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeti ng held
on May 15, 2012, which Minutes were formally approved and adopted by t he City
Commission on ________________________.
__________________________________________________
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They wil l become the official
Minutes only after review and approval which may involve some amendm ents, additions
or deletions as set forth above.
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WHEREAS , Juneteenth is the oldest known celebration commem orating the ending
of slavery in the United States; and
WHEREAS , the Emancipation Proclamation, an Executive Order of President
Abraham Lincoln, which in substance, ended the prac tice of slavery in the United States,
was made effective as of January 1, 1863; and
WHEREAS , the Emancipation Proclamation was difficult to en force in Texas due to
the small number of Union troops available; and
WHEREAS , it was not until June 19, 1865, when Union soldie rs, led by Major
General Gordon Granger, landed at Galveston, Texas confirmed the end of the Civil War
and enforced the Emancipation Proclamation; and
WHEREAS , One-Love One Community Foundation, Inc., a Florid a not for profit
corporation, desires to share the history of Junete enth with the residents of the City of
Delray Beach and promote its objectives of educatio n and self-awareness for the African
American community; and
WHEREAS , the third annual Juneteenth Festival in the City of Delray Beach shall be
held on June 16, 2012, at Old School Square, with a n official theme of “Healthy & Free
Juneteenth Celebration”.
NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, do hereb y proclaim the June 19, 2012 as:
JUNETEENTH JUNETEENTH JUNETEENTH JUNETEENTH
in Delray Beach, Florida and urge all residents to attend the Juneteenth Festival and to
embrace and welcome all that it offers.
IN WITNESS WHEREOF , I have hereunto set my hand and caused the Offici al Seal of
the City of Delray Beach, Florida, to be affixed th is 5 th day of June, 2012.
________________________________________
NELSON S. McDUFFIE
MAYOR
MEMORANDUM
TO:Mayor and City Commissioners
FROM:CANDI N. JEFFERSON, SENIOR PLANNER
PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING
THROUGH:CITY MANAGER
DATE:May 25, 2012
SUBJECT:AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
REQUEST FOR SIDEWALK DEFERRAL/1110 WATERWAY LANE
ITEM BEFORE COMMISSION
The item before the City Commission is approval of a sidewalk deferral for the property at 1110
Waterway Lane.
BACKGROUND
The subject property is 0.344 acres and contains an existing single family reside nce. It lies within the
North Beach Overlay District and is located on the south side of Waterway Lane, west of Andrews
Avenue at 1110 Waterway Lane. The property is zoned Single Family Residential (R-1-AAA) and the
applicant proposes to demolish the existing structu re and construct a new two-story single family
residence with a pool and cabana.
The owner wishes to defer construction of a five fo ot (5’) sidewalk adjacent to the right-of-way. No
other sidewalks exist on the south side of Waterway Lane. At its meeting of April 12, 2012, the
Development Services Management Group (DSMG) suppor ted the sidewalk deferral. Pursuant to the
agreement, the owner will construct the sidewalk al ong Waterway Lane at its sole cost and expense at a
later date, after being requested to do so by the C ity.
The agreement has been reviewed by the City Attorne y and has been approved as to form.
RECOMMENDATION
Move approval of the agreement to defer constructio n of a sidewalk along the south side of Waterway
Lane for the property located at 1110 Waterway Lane .
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Timothy Tack, Project Manager ESD/CRA
Richard C. Hasko, Environmental Services Director
THROUGH:David T. Harden, City Manager
DATE:April 20, 2012
SUBJECT:AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
SERVICE AUTHORIZATION NO. 12 -02 /MATHEWS CONSULTING INC./N.E.1ST AVENUE
IMPROVEMENTS
ITEM BEFORE COMMISSION
Request for Commission approval and authorization f or the Mayor to execute service authorization #12-
02 with Mathews Consulting, Inc. for the design of NE 1st Av Improvements, Project #12-042. The cost
of this Service Authorization is $74,956.00.
BACKGROUND
Streetscape improvements along NE 1st Avenue betwee n NE 1st Street and NE 2nd Street, have
occurred throughout the years. Within the 100 block , some improvements have occurred in conjunction
with redevelopment. The CRA provided development in centives for the Hyatt Place hotel in FY 2011-
12.
This service authorization is for the professional design services for overall infrastructure and
beautification improvements along this corridor tha t include milling and resurfacing the roadway, on-
street parking, paver brick walkways, decorative st reet lights, water main upgrade, paver intersection at
NE 1 st Avenue and NE 1 st Street, and landscape nodes.
FUNDING SOURCE
Project funding is provided by the CRA and is avail able in account 334-3162-541.68-84.
RECOMMENDATION
Staff recommends approval.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Timothy Tack, Project Manager ESD/CRA
Richard C. Hasko, Environmental Services Director
THROUGH:David T. Harden, City Manager
DATE:April 20, 2012
SUBJECT:AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
SERVICE AUTHORIZATION NO. 12 -01/C3TS/SWINTON & ATLANTIC INTERSECTION
ITEM BEFORE COMMISSION
Request for Commission approval/authorization for t he Mayor to execute service authorization #12-01
with Corzo, Castella, Carballo, Thompson, and Salma n, Inc. for the Swinton & Atlantic Intersection,
Project #12-051. The cost of this Service Authoriza tion is $39,781.58.
BACKGROUND
The historic perception of Swinton Avenue in the vi cinity of Atlantic Avenue has been that it acts as a
barrier between the vibrant, pedestrian-friendly neighborhood to the east and the commercia l
neighborhood to the west where commercial propertie s and additional public parking is available. The
City desires a seamless connection between the west and east side of Swinton Avenue. They also want
to improve the intersection Currently, the portion of Atlantic Avenue that is situated west of the
Swinton Avenue western R/W line is under the jurisd iction of the Florida Department of Transportation
while all other streets and roadways are maintained by the City of Delray Beach, The purpose of the
project is the development of transportation improv ement alternatives that contribute to the following
(1) increased pedestrian safety in and around the i ntersection, and
(2) complete the beautification of Atlantic Avenue between SW/NW 1st Avenue and Swinton Avenue.
The general objective of this service authorization is to produce a study that assesses existing condi tions
at the intersection of Atlantic Avenue and Swinton Avenue and North Swinton Avenue from Atlantic
Avenue north to NW/NE 1st Street. The study shall i nclude an evaluation of physical and operational
conditions as well as a safety assessment of the pr oject area intersection and near vicinity. The stud y
shall provide alternative improvements to the City for consideration in upgrading the intersection and N
Swinton Avenue for both vehicular and pedestrian tr affic flow. Field data acquisition shall be utilize d in
conjunction with existing data, and historical docu ments to form the basis of the evaluation.
Recommendations for improvements shall be based on alternatives that can most preserve the area
aesthetics and ambiance, maintain traffic flow (wit hout adding through lanes), improve operating
characteristics, site specific improvement to sight distance, increase pedestrian mobility, and create
general safety modifications for further programmin g into the City’s Work Program.
FUNDING SOURCE
Project funding is provided by the CRA and is avail able from account 334-3162-541.68-86.
RECOMMENDATION
Staff recommends approval.
CONSULTING SERVICE AUTHORIZATION
DATE: April 26, 2012
CONSULTANT: Corzo Castella Carballo Thompson Salman, P.A.
SERVICE AUTHORIZATION NO. __________________ FOR CONSULTING SERVICES
CITY P.O. NO. __________________ CITY EXPENSE CODE ________________________
CITY PROJECT NO. 12-051 _________ CONSULTANT PROJECT NO._________________
TITLE: Atlantic Avenue and Swinton Avenue Intersection Improvement Study
This Service Authorization, when executed, shall be incorporated in and shall become an integral
part of the “Agreement for General Consulting Engineering Services” Contr act.
I. PROJECT DESCRIPTION
According to the City of Delray Beach, Swinton Avenue in the vici nity of Atlantic Avenue
acts as a barrier between the vibrant, pedestrian-friendly neighborhood to the east and the
commercial neighborhood to the west where commercial properti es and additional public
parking is available. The City desires a seamless connection between the west and east side of
Swinton Avenue. They also want to improve the intersection. Currently, the portion of
Atlantic Avenue that is situated west of the Swinton Avenue wester n R/W line is under the
jurisdiction of the Florida Department of Transportation while all other streets and roadways
are maintained by the City of Delray Beach, The purpose of t he project is the development of
transportation improvement alternatives that contribute to (1) incr eased pedestrian safety in
and around the intersection, and (2) complete the beautification of Atl antic Avenue between
SW/NW 1 st Avenue and Swinton Avenue.
The general objective of this service authorization is to produce a study that assesses existing
conditions at the intersection of Atlantic Avenue and Swinton Avenue a nd North Swinton
Avenue from Atlantic Avenue north to NW/NE 1 st Street. The study shall include an
evaluation of physical and operational conditions as well as a s afety assessment of the project
area and vicinity. The study shall provide alternative improvem ents to the City for
consideration in upgrading the intersection and North Swinton Avenue for b oth vehicular and
pedestrian traffic flow. Field data acquisition shall be utiliz ed in conjunction with existing
data, and historical documents to form the basis of the evaluation. R ecommendations for
improvements shall be based on alternatives that can most p reserve the area aesthetics and
ambiance, maintain traffic flow (without adding through lanes), im prove operating
characteristics, site specific improvement to sight distance , increase pedestrian mobility, and
create general safety modifications for further programming into the City’s Work Program.
II. SCOPE OF SERVICES
Phase I – Study and Report Phase
Specifically, the City wants us to incorporate several it ems into the alternatives presented in
the study. These include the following:
1. Remove WB right turn lane on West Atlantic Avenue between Swinton Avenue and
NW 1 st Avenue and convert the space into parallel parking and/or additional sidewalk
width to accommodate pedestrian movement with aesthetic improvements.
2. Remove the SB right turn lane on Swinton Avenue north of Atlantic Avenue and
convert the space into parallel parking and/or wider sidewalk to accommodate
pedestrian movement with aesthetic improvements.
3. Create a mid block cross walk on Swinton Avenue between Atlantic Avenue and
NE/NW 1 st Street.
4. Explore a roundabout alternative at the intersection of Swinton Ave nue and Atlantic
Avenue with option to create a similar (but smaller) roundabout on Atlantic Avenue
at NE/SE 2 nd Avenue.
All of these elements shall be included, as a minimum, in the stud y as directed with
recommendations as to their suitability, permitability and pote ntial cost of construction. The
following tasks comprise the services that the CONSULTANT shall empl oy to accomplish the
purpose for this service authorization.
1.0 Task 1 – Data Collection
The purpose of this task is to obtain the data needed to successful ly complete the project
objectives.
Subtasks
1.1 City staff will provide the following data available:
• Recent available peak period turning movement counts for the foll owing
intersections:
• Atlantic Avenue and Swinton Avenue
• West Atlantic Avenue and SW 2 nd Avenue
• East Atlantic Avenue and NE/SE 2 nd Avenue
• North Swinton and NE/NW 1 st Street
• South Swinton Avenue and SE/SW 1 st Street
• Pedestrian counts conducted at the above intersections.
• Recent as-built drawings for affected segments of Atlantic Ave. and Swint on Ave.
• Existing survey, physical infrastructure, and property data (e.g., right of way) in GIS
or GAD format.
• Scaled aerial photography of the study area.
• Five years of crash data for study area roadway segments.
• Design year traffic and pedestrian volumes for the study roa dway segments and
intersections.
• Other relevant, transportation-related studies that have been conduc ted in the study
area.
1.2 Corzo Castella Carballo Thompson Salman (C3TS) will obtain the following dat a
from the Florida Department of Transportation (FDOT):
• Average annual daily traffic volumes on Atlantic Avenue and Swinton Avenue
1.3 C3TS will obtain the following data from Palm Beach County:
• Traffic signal timing plans for Atlantic Avenue/Swinton Avenue, N orth Swinton
Avenue/NW/NE 1 st Street and South Swinton/SW/SE 1 st Street.
1.4 C3TS will obtain new peak period turning movement counts for the Atlantic
Avenue/Swinton Avenue intersection if not provided in Task 1.1. C3TS wil l develop
design year traffic volumes if not provided in Task 1.1.
1.5 C3TS will review previous transportation-related studies in the study area ,
including the Delray Beach Gateway Roundabout Emission Reduction Analysis
completed in 1999.
1.6 C3TS will review available crash data to identify crash trends and opportuniti es
to improve safety.
1.7 C3TS will conduct an internal team kick-off meeting as part of the initial data and
information review. The session will also be used as part of preventions for a
formal kick-off meeting with the City.
1.8 C3TS will visit the study area during peak and non-peak hours as well as on weekdays and
weekends to observe transportation flows (i.e., automobile,
pedestrian, bicycle, truck, and bust flows) and inventory transportation
infrastructure (e.g., lane widths, bus stop locations, and traffic signal o perations).
1.9 C3TS will meet with City staff in Delray Beach to kick off the project . The
agenda for this meeting will include discussion of key issues, desired outcomes,
project history, and initial project team observations.
Phase II – Preliminary Design Phase – N/A
Phase III – Final Design Phase – N/A
Phase IV – Bidding/Negotiating Phase – N/A
Phase V – Construction Administration – N/A
Other – Permitting – N/A
Other – Surveying – N/A
Other – Geotechnical – N/A
Other – Field Verification – N/A
II. TIME OF PERFORMANCE
Services to be completed within twelve (12) weeks from official Notic e to Proceed
IV. COMPENSATION
Engineering Services Estimated Fees
Phase I – Study and Report Phase $ 38,781.58
Phase II – Preliminary Design Phase $ 0.00
Phase III – Final Design Phase $ 0.00
Phase IV – Bidding/Negotiating Phase $ 0.00
Phase V – Construction Administration $ 0.00
Other – Permitting $ 0.00
Other – Surveying $ 0.00
Other – Geotechnical $ 0.00
Other – Field Verification $ 0.00
Out-of-Pocket Expenses $ 1,000.00
Total Project Cost $ 39,781.58
Notes:
Out -of-Pocket Expenses include the following: printing/re production/ postage.
This service authorization is approved contingent upon the City's ac ceptance of and satisfaction
with the completion of the services rendered in the previous phase or as encompassed by the
previous service authorization. If the City in its sole discret ion is unsatisfied with the services
provided in the previous phase or service authorization, the City may terminate the contract
without incurring any further liability. The CONSULTANT may commence work on any
service authorization approved by the City to be included as part of the contract without a further
notice to proceed.
Approved by:
CITY OF DELRAY BEACH: CONSULTANT:
Date ______________________ Date
___________________________ By:____________________
Mayor (Seal)
________________________
Witness (Signature)
________________________
Witness (Printed)
Attest: ________________________
Approved as to Legal Sufficiency
___________________________
City Attorney
BEFORE ME, the foregoing instrument, this _____ day of __________________, 201___, was
acknowledged by _______________________ on behalf of the Corporation
__________________________________, and said person executed the same free and
voluntarily for the purpose there-in expressed.
Witness my hand and seal in the County and State aforesaid this ______ day of
__________________, 201___.
________________________________
Notary Public
State of Florida My Commission Expires:
Corzo Castella Carballo Thompson Salman, P.A.
En g ineers - Architects - Planner s Pro j ect No.:12-051
21301 Powerline Road, Suite 311Name:A tlantic Avenue and Swintom Avenue Im p rovements
Boca Raton, Florida 33433Client: Cit y of Riveria Beach, Florid a (561) 487 -3379 (Ph one ) - (561) 487 -3466 (F ax )D ate 3/21/2012
Princi p alSr. Pro j .Pro j ec t Staf f
in Char g eEn g ineerEn g r PEEn g r EITechnicianClericalTOTALIndividual
ManhoursManhoursManhoursManhoursManhoursManhoursHoursCost ForTask
$191.26$161.23$124.38$80.13$80.34$68.38 A ctivityTotal
Task 1.00Data Collection TNGEDDGMA A RDS
12,057.51 $
1.1.1
Meet with FDOT 44 8965.44 $
Meet with City 444 121,730.48 $
4444 162,228.00 $
1.1.2 33 6724.08 $
1.1.3 Develop Design Year Traffic Forecasts 23 5562.85 $
1.1.4
2444 141,845.48 $
12 3440.02 $
44 8965.44 $
1.1.8 666 182,595.72 $
1731103200 9012,057.51 $
Task 2.00Develop Alternatives
$15,304.43
2.1.1 2828 202,562.16 $
2.1.2 88824 485,389.12 $
2.1.3 Conduct Operational Analysis 18 91,186.30 $
2.1.4 8884 282,847.12 $
2.1.5 2884 221,879.74 $
2.1.6 53 81,439.99 $
16 29 10 32 40 8 135 $1530443
SUBTOTALS
Cost Estimates
In House Coordination Meeting
Review Previous Studies Current As Builts
Review Existing Data
QA/QC
Develop Matrix Analysis
Evaluate Task 1 Data
Develop Alternatives
SUBTOTALS
MANHOUR ESTIMATES Page 1
Meetings
Obtain Historical Data
Field Visits and Data Acquisition
Data Review
Review Crash Data
16 29 10 32 40 8 135 $15 ,304 .43
Task 3.00Documentation
8,620.42 $
3.1.1 Develop Draft Report and Graphic Exhibits 244248 424,000.16 $
3.1.2 Meetin g with Cit y to Discuss Alternatives 44 81,262.56 $
3.1.3 Finzalize Report 2444 141,798.48 $
3.1.4 Develop PowerPoint Presentation 2484 181,559.22 $
8 101243216 0$8,620.42
Task 4.00 Stakeholder Outreach
2,799.22 $
4.1.1 Stakeholder Meetin g s / Presentations 4664 202,799.22 $
SUBTOTALS 1218181240 2 0 0 2 ,799.22 $
4170326872 2 4 0
LABOR COST, TOTA L $38,781.5838,781.58 $
REIMBURSABLES (Plans, Reports, Etc.)1,000.00 $
TOTAL PROPOSED COMPENSATION Part 1 39,781.58 $
Hourly Totals
SUBTOTALS
SUBTOTALS
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Rafael Ballestero, Deputy Director of Construc tion
Richard C. Hasko, P.E., Director of Environmental S ervices
THROUGH:David T. Harden, City Manager
DATE:May 14, 2012
SUBJECT:AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/INTERCOUNTY ENGINEERING,
INC./LOWSON BOULEVARD FORCE MAIN
ITEM BEFORE COMMISSION
This item is before the Commission to approve a Con tract Closeout (Change Order No. 1/Final) in the
net deduct amount of ($56,497.50) and a final payme nt amount of $11,448.88 to Intercounty
Engineering, Inc. for completion of the Lowson Blvd FM Project #11-040.
BACKGROUND
On September 20, 2011, Commission approved a Contra ct Award to Intercounty Engineering, Inc. for
the replacement of the Lowson Blvd. Force Main alon g the south side of Lowson Blvd, from just west
of Homewood Blvd to Congress Ave on the east. The s cope of work consisted of replacing
approximately 1,700 feet of pipe, with associated c learing and grubbing, dewatering, by-pass pumping,
maintenance of traffic, service connections, and re storation work.
Change Order No. 1 includes plus and minus quantity adjustments and liquidates the residual from
contingency allowances. All changes for the projec t are itemized on the attached Schedule “A”. The
project is complete and all closeout documentation has been received.
FUNDING SOURCE
Residual funds to be liquidated from Purchase Order #677724 to funding account 442-5178-536-68.74
(Water Sewer Renewal & Replacement Fund/Improvement s Other/ Lowson Blvd. FM).
RECOMMENDATION
Staff recommends approval of a Contract Closeout (C hange Order No. 1/Final) in the net deduct amount
of ($56,497.50) and final payment amount of $11,448 .88 to Intercounty Engineering, Inc. for
completion of the Lowson Blvd FM Project.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Bob Diaz, Construction Manager
Rafael Ballestero, Deputy Director of Construction
Richard C. Hasko, P.E., Director of Environmental S ervices
THROUGH:David T. Harden, City Manager
DATE:May 18, 2012
SUBJECT:AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/RANDOLPH & DEW DNEY CONSTRUCTION,
INC./POMPEY CONCESSION STAND
ITEM BEFORE COMMISSION
This item is before the Commission to approve a Con tract Closeout (CO No. 2/Final) in the net deduct
amount of ($5,351.03) and a final payment amount of $25,013.70 to Randolph & Dewdney
Construction, Inc. for completion of the Pompey Con cession Stand Project #10-128.
BACKGROUND
On October 18, 2011 Commission approved a contract award, in the amount of $456,710.00, to
Randolph & Dewdney Construction, Inc. for renovatio ns to the Pompey Concession Stand.
On January 17, 2012 Commission approved Change Orde r No. 1 for a contract time extension of twenty
(20) days required to perform additional scope, in the amount of $19,426.50, for the reconstruction of
the 2nd floor of the concession stand building. Th e existing wood structure, damaged by water over an
extended period of time, was deemed unsalvageable b y the structural engineer. Prior expenditures from
this general allowance total $5,033.50, and were ap proved by the City Manager in accordance with city
purchasing procedures.
Change Order No. 2 includes plus and minus quantity adjustments and liquidates the residual from
contingency allowances. All changes for the projec t are itemized on the attached Schedule “A”. The
project is complete and all closeout documentation has been received.
FUNDING SOURCE
Residual funds to be liquidated from Purchase Order #679165 to funding account 334-4127-572-62.10
(General Construction Fund/Parks & Recreation/Build ings).
RECOMMENDATION
Staff recommends approval of a Contract Closeout (C O #2/Final) in the net deduct amount
of ($5,351.03) and a final payment amount of $25,01 3.70 to Randolph & Dewdney Construction, Inc.
for completion of the Pompey Concession Stand Proje ct.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Rafael Ballestero, Deputy Director of Construc tion
Richard C. Hasko, P.E., Director of Environmental S ervices
THROUGH:David T. Harden, City Manager
DATE:May 17, 2012
SUBJECT:AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/INTERCOUNTY ENGINEERING,
INC./RECLAIMED WATER EXPANSION AREA 11B
ITEM BEFORE COMMISSION
This item is before the Commission to approve a Con tract Closeout (Change Order No. 2/Final) in the
net deduct amount of (-$220,982.75) and a final payment amount of $36,947.5 6 to Intercounty
Engineering, Inc. for completion of the Reclaimed W ater Expansion Area 11B Project #2010-074.
BACKGROUND
On March 1, 2011, Commission approved a Bid Award t o Intercounty Engineering, Inc. in the amount
of $1,408,505.93 for the Area 11B Reclaimed Water S ystem Project. The scope of work involved
continuing construction of the reclaimed transmissi on and distribution system on the barrier island, f rom
Beach Drive north to George Bush Blvd and on severa l streets between Atlantic Avenue and Lowry
Street. The project included installation of 10”, 6” and 4” PVC pipe throughout the residential
neighborhoods.
On December 6, 2011, Commission approved a Contract Addition (CO #1) for a water main
replacement on Island Drive and swale improvements. The cost of the water main replacement was
$39,989.42. The swale improvement scope included t hree (3) areas within the Area 11B project limits.
These areas had ponding in the roadway, and the swa le work was to improve the drainage in these
locations. The cost for the swale work was $4,072.99.
Change Order No. 2 includes plus and minus quantity adjustments and liquidates the residual from
contingency allowances. Highlights of unused contr act amounts include:
Undefined Underground allowance $ 100,00 0
Early Completion Bonus $ 30,000
Reduced force main abandonment $ 22,4 15
Less service connections installed $ 19,900
Less micro resurfacing $ 10,450
All changes for the project are itemized on the att ached Schedule “A”. The project is complete and all
closeout documentation has been received.
FUNDING SOURCE
Residual funds to be liquidated from Purchase Order #673863 to funding accounts
441-5181-536-65.96 (Water/Sewer; Reclaimed Water) $141,291.39
442-5178-536-63.90 (Water/Sewer R&R; Other Improvem ents) $76,661.65
448-5461-538-63.90 (Storm Water Utility Fund/Other Improvements) $ 3,029.71
RECOMMENDATION
Staff recommends approval of a Contract Closeout (C hange Order No. 2/Final) in the net deduct amount
of (-$220,982.75) and a final payment amount of $36,947.5 6 to Intercounty Engineering, Inc.
for completion of the Reclaimed Water Expansion Are a 11B Project.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Terrill C. Pyburn, Assistant City Attorney
THROUGH:R. Brian Shutt, City Attorney
DATE:May 30, 2012
SUBJECT:AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM BEACH COUNTY
ITEM BEFORE COMMISSION
Interlocal Agreement between the City of Delray Bea ch and the School Board of Palm Beach County
for the Mutual Use of Recreational Facilities.
BACKGROUND
The purpose of the attached Interlocal Agreement be tween the City and the School Board is to enable
the City and the Board to utilize each other's recr eational facilities.
RECOMMENDATION
The City Attorney's Office recommends approval.
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF DELRAY BEACH
AND THE SCHOOL BOARD OF PALM BEACH COUNTY
FOR THE MUTUAL USE OF RECREATIONAL FACILITIES
THIS INTERLOCAL AGREEMENT is made this ____ day of __________, 201 2 ,
between the CITY OF DELRAY BEACH , a municipal corporation of the State of Florida
("City "), and the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA , a
corporate body politic pursuant to the Constitution of the State of Florida (“Board”), each
one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes.
WITNESSETH :
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969" authorizes local governments to make the most efficient use
of their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population and other factors influencing the needs and development of local
communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as
defined therein, to enter into interlocal agreements with each other to jointly exercise
any power, privilege, or authority which such agencies share in common and which
each might exercise separately; and
WHEREAS, the City and Board recognize the benefits to be derived by utilizing
each other’s facilities thereby minimizing the duplication of facilities; and
WHEREAS, the City and Board desire the ability to use the facilities of the other;
and
WHEREAS, the parties recognize that Atlantic High School and Ca rver Middle
School specially benefit from the use of the facilities at the City -owned Robert P. Miller
Park and the Delray Beach Community Center ; and
WHEREAS, the parties recognize that the City specially benefit s from the use of
the facilities at Atlantic High School , Village Academy , and Banyan Creek Elementary .
2
NOW THEREFORE, in consideration of the mutual representations, terms, and
covenants hereinafter set forth, the parties hereby agree as follows:
1. Recitals : The foregoing recitals are true and corr ect and are hereby
incorporated herein by reference .
2. Purpose : The purpose of this Agreement is to enable the Board and City
to utilize each other’s recreational facilities and provide a procedure for authorizing the
use of the Board’s recreational facilities by City -affiliated recreation groups and
organizations that have been approved by the parties.
3. Definitions :
A. “Board Facilities” and “Board Facility” mean facilities owned or
operated by the Board that are made available for public use by the Board and are used
primarily for recreational activities, excluding facilities that are leased, licensed or under
the contractual control of others. The terms “Board Facilit ies” and “Board Facility” shall
include gymnasiums; playgrounds ; tennis, racquetball, and basketball courts; athletic
fields; and tracks. The defined term “Board Facilities ” does not include the Hilltopper
Stad ium, which is addressed by a separate lease agreement between the parties
entitled Lease Agreement for the Use of School Facilities Between the City of Delray
Beach and the School Board of Palm Beach County dated April 10, 2009 and the
Amendment No. 1 to th e Lease Agreement dated August 5, 2011.
B. “City Facilities” and “City Facility” mean facilities owned or operated
by the City that are made available for public use by the City and are used primarily for
recreational activities, excluding facilities that are leased, licensed or under the
contractual control of others. The terms “City Facilities” and “City Facility” shall include,
parks; wrestling rooms; gymnasiums; pavilions; community center s ; aquatic facilities ;
playgrounds; tennis, racquetball and basketball courts; and athletic fields. The defined
term “City Facilities” does not include the Seacrest Soccer Complex, which is addressed
by a separate use agreement between the partie s entitled Interlocal Agreement
Between the School Board of Palm Beac h County and the City of Delray Beach for the
Purchase and Construction of a Soccer Complex and Joint Use of Land and Facilities
dated July 26, 2006 and Amendment No. 4 to the Interlocal Agreement dated August 5,
3
2011..
C. “Director of Parks and Re creation ” means the City’s Director of
Parks and Recreation, or his/her designee.
D. “Facility” or “Facilities” means the “Board Facilities ”, the Banyan
Creek Facilities, and the “City Facilities ” and Robert P. Miller Park .
E . “Banyan Creek Elementary” means four (4) classrooms as mutually
agreed by the City’s Fire Chief and the Banyan Creek Principal at Banyan Creek
Elementary.
F . “Priority of Use” means the priority of uses when there are
conflicting requests for the use of a Facility.
For Board Faci lities , the Priority of Use shall be as follows:
1. Board activities and programs or Board Facility lease
agreements; and
2. County activities and programs pursuant to the Interlocal
Agreement entered into by the Board and Palm Beach County dated December
2 , 2008 . Should such a requested use in this category result in displacing a pre -
existing City activity or program, such displacement shall be resolved by the
Chief of Support Operations on behalf of the Board and the City Manager , or his
or her designee, on behalf of the City. The Board shall use its best efforts to find
an alternative appropriate Board Facility for the affected activity or program.
3. City or City Recognized Sports Provider activities and
programs pursuant to this Agreement.
For City Facilities, the Priority of Use shall be as follows:
1. City or City recognized Sports Provider activities and
programs or City facility rental agreements; and
2. Board activities and programs pursuant to this Agreement.
I . “Recognized Sports Provider” mean s an organized recreation
group or organization identified in the attached Exhibit “C”, which may be amended or
supplemented from time to time upon the mutual agreement of the Board’s Chief of
Support Operations and the City Administrator , without formal amendment hereto.
4
4. Use of Facilities by the Parties :
A. The Board agrees to make the Board Facilities available for use by
the City according to the Priority of Use at no cost or expense to the City except as
otherwise provided fo r in this Agreement. The City ’s use of the Board Facilities shall be
subject to and in accordance with: (i) the terms and conditions of this Agreement ,
including but not limited to Exhibit “B” which may be amended or supplemented from
time to time upon the mutual agreement of the Board’s Chief of Support Operations and
the City Manager , or his/her designee , without formal amendment hereto ; (ii) the
Board ’s rules, regulations and policies governing the use of the Board Facilities; (iii) any
grant or bond obligations pertaining to the use of any of the Board Facilities; and (iv) all
applicable local, state and federal laws.
B . In addition to making the Bo ard Facilities available as set forth in
Paragraph 4.A. above, the Board agrees to make the Board Facilities at Atlantic High
School and Village Academy available for use by the City according to the Priority of
Use at no cost or expense to the City except as otherwise provided for in this
Agreement. The City’s use of the Board Facilities at Atlantic High School and Village
Academy Facilities shall be subject to and in accordance with: (i) the terms and
conditions of this Agreement; (ii) the Board’s rules, regulations and policies governing
the use of the Atlantic High School and Village Academy Facilities; (iii) any grant or
bond obligations pertaining to the use of any of the Atlantic High School and Village
Academy Facilities; and (iv) all applicable local, state and federal laws.
1. The Board Facilities at Atlantic High School shall be
available as follows:
a. For t he purpose of a youth summer basketball
program sponsored and operated by the City that run s for
app roximately five (5 ) weeks in the summer from approximately
June through mid -July. The Atlantic High School gymnasium shall
be open from 7:30 am until 5:30 pm, Monday through Thursday .
The Atlantic High School gymnasium may, at the request of the
City, be open from 7:30 am until 5:30 pm on Fridays during the
5
summer; however the City shall be responsible for the costs set
forth below in Paragraph 4.D.
b. For the purpose of a youth track and field program
sponsored and operated by the City that runs for approximately
twelve (12) weeks during the school year from approximately March
through May. The Atlantic High School track and field shall be
open from 6:00 p.m. until 7:30 p.m., Tuesday and Thursday.
2. The Board Facilities at Village Academy shall be available as
follows:
a. For the purpose of a youth basketball program
sponsored and operated by the City that runs for approximately
twelve (12) weeks during the school year from approximately
January through March. The Village Academy gymnasium shall be
open from 6:00 p.m. until 9:00 p.m., Monday, Tuesday, and
Wednesday and from 8:00 a.m. until 4:00 p.m. on Saturday.
3. The Banyan Creek Elementary Facilities shall be available
as follows:
a. For the purpose of a Fire Department training
program sponsored and operated by the City that runs for
approximately one (1) day during the summer on June 26, 2012.
The four (4) classrooms at Banyan Creek shall be open from 9:00
a.m. until 4:00 p.m.
Staff costs and the other costs, including utilities, shall be calcu lated consistent with
Board Policy 7.18 as mutually agreed by the Board’s Chief of Support Operations and
the City Manager . The Banyan Creek Elementary Facilities shall not, except as
specifically set forth in this P aragraph 4.B., be available to the City or the City’s
Recognized Sports Providers under the other terms of this Agreement. In the event that
the City desires to operate youth programs using a facility at an other Board -o perated
school site , th e specific facility at that school may be added to this Agreement by mutual
6
agreement of the Board’s Chief of Support Operations and the City Manager , without
formal amendment hereto , provided the use of the alternative or additional Board
f acilities is cost -neutral to the Board .
C. The City agrees to make available the City Facilities for use by the
Board according to the Priority of Use at no cost or expense to the Board, except as
otherwise provided for in this Agreement. The Board’s use of the City Facilities shall be
subject to and in accordance with: (i ) the terms and conditions of this Agreement; (ii) the
City’s rules, regulations and policies governing the use of the City Facilities; (iii) any
grant or bond obligations pertaining to the use of any of the City Facilities; and (iv) all
applicable local, state and federal laws.
D . The City and Board shall be responsible for paying the actual
charges for necessary Facility staff and util i ties if all or a portion of the Facility is
scheduled to be closed or not normally staffed during the proposed use.
E . The City shall submit all requests for use of the Board Facilities and
Banyan Creek Elementary Facilities in writing on the form attached hereto as Exhibit “A ”
to the Principal responsible for the management of the respective Facility or his or her
designee no less than thirty (30) days prior to the date that the City desires to use the
Facility. The Board shall be responsible for ensuring that a written respons e to the
request is provided to the City within fifteen (15) days of the date of the request. In the
event a request is denied, the reason for denial shall be stated in the written response.
The Board reserves the right to deny use of the Facility if that p articular Facility has
been selected to remain closed during the summer.
F . The Board shall submit all requests for use of the City Facilities in
writing on the form attached hereto as Exhibit “A ” to the Director of Parks and
Recreation , no less than thir ty (30) days prior to the date that the Board desires to use
the City Facility. The City shall be responsible for ensuring that a written response to
the request is provided to the Board within fifteen (15) days of the date of the request.
In the event a request is denied, the reason for denial shall be stated in the written
response.
G . Notwithstanding the requirements set forth in Paragraph s 4 .E. and
7
4 .F. above, in the event that a need to use a Facility arises less than thirty (30) days
prior to the date the City or Board Facility is needed, the City or Board, as applicable,
will use reasonable efforts to expedite the review of and accommodate such reques t to
the extent practicable under the circumstances.
H . The Board and City acknowledge the waiver of sovereign immunity
for liability in tort contained in Florida Statutes Section 768.28, the State of Florida's
partial waiver of sovereign immunity, and a cknowledge that such statute permits actions
at law to recover damages in tort for money damages up to the limits set forth in such
statute for death, personal injury or damage to property caused by the negligent or
wrongful acts or omissions of an employe e acting within the scope of the employee's
office or employment. The Board and City agree to be responsible for all such claims
and damages, to the extent and limits provided in Florida Statutes Section 768.28,
arising from the actions of their respective employees. The parties acknowledge that the
foregoing shall not constitute an agreement by either party to indemnify the other, nor a
waiver of sovereign immunity, nor a waiver of any defense the parties may have under
such statute, nor as consent to be s ued by third parties.
I . Without waiving the right to sovereign immunity, the parties
acknowledge that they are self -insured for commercial general liability and automobile
liability in the amounts specified in Florida Statutes Section 768.28, as may be amended
from time to time. In the event either party maintains third -party commercial general
liability or business automobile liability insurance in lieu of exclusive reliance on self -
insurance, the party maintaining the third -party insurance shall maint ain limits of not
less than Five Hundred Thousand Dollars ($500,000) combined single limit for bodily
injury or property damage and shall add the other party as an additional insured to the
commercial general liability policy, but only with respect to negl igence arising out of this
Agreement that is not a result of the other party’s negligence. The additional insured
endorsement for the City shall read “the City of Delray B each, its Officers, Employees,
and Agents”. The additional insured endorsement for t he Board shall read “The School
Board of Palm Beach County , Florida, its Officers, Employees, and Agents”. The
parties agree additional insured endorsements shall provide coverage on a primary
8
basis. Claims -bill tailored coverage shall not be considered t hird -party liability coverage
for purposes of this Agreement. The parties agree to maintain or to be self -insured for
worker’s compensation and employer’s liability insurance in accordance with Chapter
440, Florida Statutes, as may be amended from time to time. Each party agrees to
provide the other party with an affidavit or certificate of insurance evidencing insurance,
self -insurance, and/or sovereign immunity status, which the parties agree to recognize
as acceptable for the above -referenced coverage s. Compliance with the requirements
of this paragraph shall not relieve the parties of their liability and obligations under this
Agreement.
J . Each party agrees to provide adequate supervision of its own
activities to prevent bodily harm to the users an d damage to the Facilities, taking into
consideration the types of activities planned, when using the other’s Facilities. When
aquatic facilities will be included in the Facilities to be utilized , the party using the
Facility shall pay for lifeguards to staff the Facility .
K . In the event the Facilities are damaged, the party using the
Facilities of the other party shall promptly notify the other party in writing of the damage
and shall reimburse the other party for the actual costs to repair the damage .
Reimbursement shall be made within sixty (60) days of a written request for
reimbursement of costs.
L . The Facilities shall be surrendered by the party using the Facilities
of the other party in the same condition as they were accepted and shall cause all
waste, garbage, and rubbish resulting from such party’s use of the Facilities to be
deposited into desi gnated recepta c les and dumpsters .
M . The Board acknowledges and agrees that the City may charge a
fee for:
1. City staff at the Aquatic Center;
2. City staff when Facilities are closed;
3. City staff for preparation of athletic Facilities for Board use , if
field preparation is requested by the Board ; and
4. Staff and utilities in accordance with Paragraph 4 .D. of this
9
Agreement.
N . The City acknowledges and agrees that the Board may charge a
fee for:
1. Board staff when Facilities are closed;
2 . Board staff for preparation of athletic Facilities for City use , if
field preparation is requested by the City; and
3 . Staff and utilities in accordance with Paragraph 4 .D. of this
Agreement.
5. Use of Board Facilities by City Recognized Sports Providers :
A. The Board agrees to make the Board Facilities available for use by
the City Recognized Sports Providers to the City Recognized Sports Providers
according to the Priority of Use, except as otherwise provided for in this Agreement.
The City Rec ognized Sports Provider shall be responsible for payment of any fees set
forth in Paragraph 4 .N above directly to the Board. Use of the Board Facilities by the
City Recognized Sports Providers shall depend on availability and shall be subject to
and in acco rdance with: (i) the terms and conditions of this Agreement including but not
limited to Exhibit “B ”; (ii) the Board’s rules, regulations and policies governing the use
of Board Facilities; (iii) any bond or grant obligations pertaining to the use of the B oard
Facilities; and (iv) all applicable local, state and federal laws.
B. Prior to being granted access to any of the Board Facilities, each
City Recognized Sports Provider shall be required to obtain a Facility Use Permit from
the City. The Facility Use Permit shall, at a minimum, require the City Recognized
Sports Provider to:
1. P rovide proof of insurance for such coverages and amounts
as may be required by the Board’s Director of Employee Benefits and Risk
Management when Board Faci lities are to be utilized and name the Board as an
additional insured;
2. P rotect, defend, reimburse indemnify and hold the Board, its
agents, employees and elected officers harmless from and against all claims,
liability, expenses, costs, damages and ca uses of action of every kind or
10
character, including attorney’s fees and costs, whether at trial or appellate levels
or otherwise, arising from or in any way connected to the City’s Recognized
Sports Provider’s use of the Board Facilities;
3. P rovide ade quate supervision of its own activities to prevent
bodily harm to the users or damage to the Board Facilities , taking into
consideration the types of activities planned;
4. R eturn the Board Facilities in the same condition as they
were accepted an d to remove all waste, garbage and rubbish resulting from the
City Recognized Sports Provider’s use of the Board Facilities;
5. N otify the Board of any damage to the Board Facilities
resulting from the City Recognized Sports Provider’s use of the Board Facilities
and reimburse the Board for the actual costs to repair the damage .
6. Provide proof of current approved background checks for all
staff and volunteers if the Recognized Sports Provider will be worki ng with youth
programs.
C. The Facility Use Permit issued by the City shall also indicate that
the Facility Use Permit may be revoked or suspended by the City and the Board may
deny access to the Board Facilities for failure to comply with the terms and conditions of
the Facility Use Permit.
D. The City Recognized Sports Providers shall be required to submit
all requests for use of the Board Facilities in writing in the form attached hereto as
Exhibit “B” to the Director of Parks and Recreation no less than forty five (45) days prior
to the date the City Recognized Sports Provider desires to use the Board Facility. The
Director of Parks and Recreation shall coordinate scheduling of the use of the Board
Facility with the Principal responsible for the management of the Board Facility or his or
her designee. The Board shall be responsible for ensuring that a written response to
the request is provided to the Director of Parks and Recreation within fifteen (15) days
of the date of the Director of Parks and Recreation’s request. In the event a request is
denied, the reason for denial shall be stated in the written response.
E. Notwithstanding any provision of this Agreement to the contrary,
11
neither party shall be obligated to make their Facilities available for use by the other for
tournaments or any events where admission or concession fees or charges will be
collected or imposed.
6. Maintenance/Repair of Facilities : The parties acknowledge and agree
that either party may deny a request for use of a Facility to perform maintenance or
repairs to the Facility.
7. Notification of Responsibilities under Agreement : The Board agrees to
notify the Board’s Principa ls of the terms and conditions of this Agreement and the
Board’s commitment to make the Board Facilities available to the City and City
Recognized Sports Providers in accordance with the Priority of Use.
8. Dispute Resolution : In the event an issue arises which cannot be
resolved between the Board’s Principal and the Director of Parks and Recreation
regarding the use or availability of a Facility, the dispute shall be referred to the Board’s
Chief of Support Operations and the City Manager , or his/her designee, who shall both
make a good faith effort to resolve the dispute.
9. Acceptance of Facilities : Neither party shall be required to make any
improvements or repairs to the Facilities as a condition of use of the Facilities by the
other p arty or City Recognized Sports Providers. The parties and City Recognized
Sports Providers shall accept the Facilities in their “As is”, “Where is” condition. The
parties acknowledge and agree that neither party has made any warranties or
representations to the other party regarding the Facilities, including, but not limited to,
any representations or warranties regarding the suitability of the Facilities for use by the
other party or City Recognized Sports Providers.
1 0. License : Notwithstanding any provision of this Agreement to the contrary,
the use the Facilities by either of the parties or the City Recognized Sports Providers
shall only amount to a license to use the Facilities on a non -exclusive basis, which
license shall be r evocable by the party licensing the use for cause . The parties agree
that nothing in this Agreement shall be construed as granting either party or the City
Recognized Sports Providers any title, interest, or estate in the Facilities.
12
11. Default : The parties agree that, in the event either party is in default of its
obligations under this Agreement, the non -defaulting party shall provide to the defaulting
party thirty (30) days written notice to cure the default. In the event the defaulting party
fail s to cure the default within the thirty (30) day cure period, the non -defaulting party
shall be entitled to seek any remedy available to it at law or equity, including, but not
limited to, the right to terminate this Agreement and seek damages, if any.
12 . Termination : Notwithstanding any provision of this Agreement to the
contrary, this Agreement may be terminated by either party: (i) without cause upon thirty
(30) days prior written notice to the other party or (ii) with cause upon the expiration of
the t hirty (30) day cure period provided for in Section 11 above.
13. Annual Appropriatio n : Each party's performance and obligations under
this Agreement shall be contingent upon an annual budgetary appropriation by its
respective governing body for subsequen t fiscal years.
14. Notice : All notices required to be given under this Agreement shall be
deemed sufficient to each party when delivered by United States Mail to the following:
IF TO CITY :
City Manager
100 NW 1 st Avenue
Delray Beach, FL 33444
With copies to:
City Attorney
200 NW 1 st Avenue
Delray Beach, FL 33444
IF TO BOARD:
Director of Planning and Real Estate
3300 Forest Hill Boulevard, Suite C -110
West Palm Beach, FL 33406
With copies to:
School Board General Counsel
P.O. Box 19239
West Palm Beach, Florida 33416
13
15. Governing Law and Venue : This Agreement shall be construed by and
governed by the laws of the State of Florida. Any and all legal action necessary to
enforce the Agreement will be held in Palm Beach County.
16. Subordination to Bond and Grant Obligations : The parties
acknowledge that certain Facilities may be subject to bond covenants and restrictions or
grant obligations and agree that this Agreement shall be subject and subordinate to any
such covenants, res trictions, and obligations. Notwithstanding any provision of this
Agreement to the contrary, the parties shall not be obligated to make any Facility
available for use by the other party or City Recognized Sports Providers in a manner
which either party ha s determined, in its sole discretion, would be contrary to any of its
bond or grant obligations, including, but not limited to, making any of the Facilities
available at no cost when such an action would be contrary to either party’s bond or
grant obligati ons.
17. Equal Opportunity Provision : The parties agree that no person shall, on
the grounds of race, color, sex, national origin, disability, religion, ancestry, marital
status, sexual orientation , gender, gender identity or expression , or genetic infor mation,
be excluded from the benefits of, or be subjected to any form of discrimination under
any activity carried out by the performance of this Agreement.
18. Captions : The captions and section designations set forth herein are for
convenience only and shall have no substantive meaning.
19. Severability : In the event that any section, paragraph, sentence, clause,
or provision of this Agreement is held by a court of competent jurisdiction to be invalid,
such shall not affect the remaining portions of t his Agreement and the same shall
remain in full force and effect.
20. Entirety of Agreement : This Agreement represents the entire
understanding between the parties, and supersedes all other negotiations,
repres entations, or agreement, either written or ora l, relating to this Agreement.
Notwithstanding the foregoing, this Agreement shall no t supersede or replace that
certain Interlocal Agreement between the City and Board dated November 17, 2009
14
regarding the use of the Police Training Facility located at 2350 N. Seacrest Blvd.,
Delray Beach, Florida, which shall remain in full force and effect.
21. Incorporation by Reference : Exhibits attached hereto and referenced
herein shall be deemed to be incorporated into this Agreement by reference.
22. Amendment : Except as otherwise provided for in this Agreement, this
Agreement may be modified and amended only by written instrument executed by the
parties hereto.
23. Waiver : No waiver of any provision of this Agreement shall be effective
against any party hereto u nless it is in writing and signed by the party waiving such
provision. A written waiver shall only be effective as to the specific instance for which it
is obtained and shall not be deemed a continuing or future waiver.
24. Construction : Neither party sha ll be considered the author of this
Agreement since the parties have participated in extensive negotiations and drafting
and redrafting of this document to arrive at a final Agreement. Thus, the terms of this
Agreement shall not be strictly construed agai nst one party as opposed to the other
party based upon who drafted it.
25. Filing : A copy of this Agreement shall be filed with the Clerk of the Circuit
Court in and for Palm Beach County pursuant to Section 163.01(11), Florida Statutes.
26. Effective Dat e/Term : This Agreement shall become effective when
signed by the both the parties, and filed with the Clerk of the Circuit Court in and for
Palm Beach County. The term of this Agreement shall be for a period of one (1) year
and shall be automatically renew ed up to four (4) additional consecutive one (1) year
terms, unless either party provides a written notice of non -renewal to the other party
thirty (30) days prior to the expiration of the then current term .
[SIGNATURES ON FOLLOWING PAGE]
16
THE CITY OF DELRAY BEACH AND
THE SCHOOL DISTRICT OF PALM BEACH COUNTY
INTER -LOCAL FACILITY REQUEST FORM
_____________________ _______________________ __________________________
Date Contact Person School Name (if applicable)
_____________________ _______________________ ________________________
Phone Number Fax Number Other Contact Number
______________________________________________________________________________________
Address City State/ZIP
FACILITY REQUEST:
___________________________________ ____________________________________
Choice #1 Choice #2
___________________________________ __________________________________
Activity Age Group
Estimated Attendance:
Partic ipants: __________ Spectators: __________ Total: ___________
Mark appropriate day(s) facility will be needed:
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
Date(s):________________________________________________________________
Time(s): From: ___________________am/pm to _______________________am/pm
New Request
Repeat Request:
Date and location of previous use: ____________________________________
Ot her pertinent information (as necessary): ___________________________________________________
______________________________________________________________________________________
__________________________________________ ____________________________
Requesting Principal Date
Director of Recreation Services
…………………………………………………………………………………………………………………
Approve Disapprove
Reason if disapproved :_______________________________________________________________
_________________________________________ ___________________________
Principal Date
Director of Recreation Services
EXHIBIT “A”
“”
17
Exhibit “B ”
School Board of Palm Beach County Standard Facility Operating Hours
The Board agrees to make the Board Facilities available for use by the City
according to the Priority of Use, at no cost to the City and in accordance with the
following maximum operational hours for indoor Board Facilities
When School is in session:
Weekdays (Monday through Friday): From the close of the school
day until 9:30 pm
Saturdays: From 8:00 am to 9:30 pm
Sundays: From 8:00 am to 1:00 pm
When School is out of session (Summer Break and Spring Break):
Weekdays (Monday through Thursday): From 8:00 am until 9:30 pm
Fridays, Saturdays, Sundays: Closed
The maximum operational hours may be amended from time to time upon the
mutual agreement of the Board’s Chief of Support Operations and the City
Manager , or his or her designee . The maximum operational hours do not apply to
outdoor facilities.
18
Exhibit “C ”
CITY RECOGNIZED SPORTS PROVIDERS
Delray Beach National Little League
Delray Beach American Little League
Delray Beach Athletic Club
Miracle League
Delray Beach Roots Basketball
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. BRIAN SHUTT, CITY ATTORNEY
DATE:May 31, 2012
SUBJECT:AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
HOLD HARMLESS AGREEMENT/ BEOJ, LLC.
ITEM BEFORE COMMISSION
Approval of a hold harmless agreement to place a ca nopy in the public right-of-way.
BACKGROUND
The applicant has requested approval to place a can opy over the public right-of-way of S.E. Second
Avenue. This request is related to the redevelopmen t of the old VFW building into a new
restaurant. The applicant is requesting a modificat ion of our normal canopy hold harmless
agreement. Normally, we provide that the canopy mus t be removed upon the City’s request for any
reason. The proposed language will allow the applic ant to remove the canopy in sections, upon
sufficient notice, and to replace the canopy after the work in the ROW is completed. The applicant is
making this request based upon the cost of the cano py and the design of the building. Engineering has
reviewed this request and is ok with the proposed a greement.
RECOMMENDATION
Commission discretion.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lula Butler, Director, Community Improvement
THROUGH:David Harden, City Manager
DATE:May 22, 2012
SUBJECT:AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
REVISED WORKFORCE HOUSING COVENANT: SP5 WOOD MIDTOWN DELRAY, LL C
ITEM BEFORE COMMISSION
City Commission consideration of a revised Workforc e Housing Covenant between the City of Delray
Beach and SP5 Wood Midtown Delray, LLC, formerly kn own as Bamfour, LLC/DKB Realty
Investment, Inc./Mathias Development, pursuant to t he requirements under Section 4.7 of the Land
Development Regulations (LDR's).
BACKGROUND
The City Commission approved the Workforce Housing Agreement between the City of Delray Beach
and Bamfour, LLC/DKB Realty Investment, Inc./Mathia s Development on January 3, 2012.
The revision to this agreement changes the name of the developer to SP5 Wood Midtown Delray, LLC.
There are no other changes to this agreement.
RECOMMENDATION
Staff is recommending City Commision approval of th e revised Workforce Housing Covenant as
proposed between the City and SP5 Wood Midtown Delr ay, LLC.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lisa M. Herrmann, Budget Officer
THROUGH:David T. Harden, City Manager
DATE:May 24, 2012
SUBJECT:AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
RESOLUTION NO. 25 -12/ BUDGET AMENDMENT
ITEM BEFORE COMMISSION
The Commission is requested to consider Resolution No. 25-12 which amends the FY 2011-12 budget.
BACKGROUND
The budget amendment is decreasing the budget by $1 00,000 each from an FDOT grant and CRA
contribution in the general fund for the purchase o f trolleys for the Tri Rail Shuttle Service/Downtow n
Roundabout. The funds will be added to the general construction fund which is the appropriate fund for
this purchase.
The Neighborhood Services fund will be increasing b y $342,658 to record the revenue from the sales of
three homes and the increased expenses in the Neigh borhood Services Program.
RECOMMENDATION
Recommend approval of Resolution No. 25-12 amending the FY 2011-12 budget.
RESOLUTION NO. 25-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION
NO. 42-11 ADOPTED SEPTEMBER 20, 2011 AND
RESOLUTION NO. 10-12 ADOPTED FEBRUARY 22, 2012,
WHICH MADE APPROPRIATIONS OF SUMS OF MONEY
FOR ALL NECESSARY EXPENDITURES OF THE CITY OF
DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR
2011/2012, BY SETTING FORTH THE ANTICIPATED
REVENUES AND EXPENDITURES FOR THE OPERATING
FUNDS OF THE CITY FOR THE FISCAL YEAR 2011/2012;
REPEALING ALL RESOLUTIONS INCONSISTENT
HEREWITH.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISS ION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1 of Resolution No. 42-11 adopted by t he City Commission
of the City of Delray Beach, Florida, on September 2 0, 2011 and Section 1 of Resolution No. 10-12
adopted by the City Commission of the City of Delray Beach, FL on February 21, 2012, is hereby
repealed, and a new Section 1 is enacted and amended to read as follo ws:
That the following sums of money, attached hereto a nd marked
Exhibit “A”, are hereby appropriated upon the terms and conditions
herein set forth.
Section 2. That, subject to the qualifications contained in t his resolution, all
appropriations made out of the General Fund are declar ed to be maximum, conditional and
proportionate appropriations, the purpose being to make the appropriations payable in full in the
amounts herein named if necessary and then only in th e event the aggregate revenues collected and
other resources available during the period commencin g the 1 st day of October, 2011, and ending
the 30 th day of September, 2012, for which the appropriation s are made, are sufficient to pay all the
appropriations in full. Otherwise, said appropriati ons shall be deemed to be payable in such
proportion as the total sum of realized revenue of t he General Fund is to the total amount of
revenues estimated by the City Commission to be avai lable in the period commencing the 1 st day of
October, 2011, and ending the 30 th day of September, 2012.
Section 3. That all balances of the appropriations payable o ut of the General Fund
of the City Treasury unencumbered at the close of bu siness on the 30 th day of September, 2011,
except as otherwise provided for, are hereby declared t o be lapsed into the City Treasury and may be
used for the payment of the appropriations which may be made in any appropriation for the fiscal
year commencing the 1 st day of October, 2011. However, nothing in this sec tion shall be construed
to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund,
RES. NO. 25-12 2
Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be
used in financing the proposed expenditures of these F unds for the fiscal year commencing the 1 st
day of October, 2011.
Section 4. That no department, bureau, agency or individual rec eiving
appropriations under the provisions of this resoluti on shall exceed the amount of its appropriation,
except with the consent and approval of the City Com mission first obtained. If such department,
bureau, agency or individual shall exceed the amount o f its appropriation without such consent and
approval of the City Commission, the administrative officer or individual, in the discretion of the
City Commission, may be deemed guilty of neglect of o fficial duty and may be subject to removal
therefor.
Section 5. That nothing in this resolution shall be construe d as authorizing any
reduction to be made in the amounts appropriated in th is resolution for the payment of interest on,
or retirement of, the debt of the City of Delray Beach, Florida.
Section 6. That none of the monies enumerated in this resolution in con nection with
the General Fund, Water and Sewer Fund, Sanitation Fun d or any other Fund of the City shall be
expended for any purposes other than those for which they are appropriated, and it shall be the duty
of the Budget Officer and/or Finance Director to repo rt known violations of this section to the City
Manager.
Section 7. That all monies collected by any department, bureau , agency or individual
of the City government shall be paid promptly into the City Tr easury.
Section 8. That the foregoing budget is hereby adopted as the o fficial budget of the
City of Delray Beach, Florida, for the aforesaid perio d. However, the restrictions with respect to the
expenditures/expenses of the funds appropriated shall a pply only to the lump sum amounts for
classes of expenditures/expenses which have been included in t his resolution.
Section 9. That public hearings were held on the tax levy and t he budget on
September 6, 2011, and September 20, 2011.
Section 10. That this resolution shall become effective immediately up on passage.
PASSED AND ADOPTED in regular session on this the 5th day of June, 2012.
_________________________________
M A Y O R
ATTEST:
__________________________________
City Clerk
General Fund DOWNTOWNSPECIA L
AmendedDEVELOPMENTENTERPRISEREVENUE
FY 11/12FUNDFUNDSFUNDSTOTAL
CASH BALANCES BROUGHT FORWARD 1,225,5494,935,103350,7276,511,379
ESTIMATED REVENUES :
TAXES Millages
AD VALOREM TAXES 7.1900 42,271,94500042,271,945
AD VALOREM TAXES 0.6133 3,574,0550003,574,055
AD VALOREM-DELINQUENT500,000000500,000
AD VALOREM - DDA 1.0000 0477,52000477,520
Sales & Use Taxes1,295,0000001,295,000
Utility Taxes4,980,0000004,980,000
Other Taxes4,390,0000004,390,000
Franchise, Licenses & Permits8,451,650080008,452,450
Intergovernmental6,588,6280182,5502,555,1079,326,285
Charges for Services9,814,480043,436,050053,250,530
Fines & Forfeitures1,024,50000134,5001,159,000
Miscellaneous Revenues5,598,88535,00082,650877,5806,594,115
Other Financing Sources3,818,5900103,0001,357,2785,278,868
TOTAL REVENUES AND OTHER
FINANCING SOURCES 92,307,733512,52043,805,0504,924,465141,549,768
TOTAL ESTIMATED REVENUES
AND BALANCES 93,533,282512,52048,740,1535,275,192148,061,147
EXPENDITURES/EXPENSES :
General Government Services8,876,46900301,1509,177,619
Public Safety51,934,47700662,76952,597,246
Physical Environment565,703031,454,683032,020,386
Transportation3,020,1100068,5803,088,690
Economic Environment6,515,639509,23202,645,9989,670,869
Human Services59,75000059,750
Culture & Recreation14,032,31003,578,300899,15018,509,760
Debt Service5,644,91006,838,840012,483,750
Other Financing Uses2,835,47006,120,65008,956,120
TOTAL EXPENDITURES/EXPENSES 93,484,838509,23247,992,4734,577,647146,564,190
Reserves48,4443,288747,680697,5451,496,957
TOTAL EXPENDITURES AND RESERVES 93,533,282512,52048,740,1535,275,192148,061,147
Exhibit A
Budget Summary As Amended
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Jasmin Allen, Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:City Manager
DATE:May 29, 2012
SUBJECT:AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
ITEM BEFORE COMMISSION
The action requested of the City Commission is revi ew of appealable actions which were taken by
various Boards during the period of May 14, 2012 th rough June 1, 2012.
BACKGROUND
This is the method of informing the City Commission of the land use actions, taken by designated
Boards, which may be appealed to the City Commissio n. After this meeting, the appeal period shall
expire (unless the 10 day appeal period has not occ urred). Section 2.4.7(E), Appeals, of the LDRs
applies. In summary, it provides that the City Comm ission hears appeals of actions taken by an
approving Board. It also provides that the City Com mission may file an appeal. To do so:
· The item must be raised by a Commission member.
· By motion, an action must be taken to place the ite m on the next meeting agenda of the
Commission as an appealed item.
REVIEW BY OTHERS
Planning and Zoning Board Meeting of May 21, 2012
No appealable items were considered by the Planning and Zoning Board. The following items which
were considered by the Board will be forwarded to t he City Commission for action:
A. Recommended approval (7 to 0), of a City-initiated rezoning from RM (Medium Density
Residential) to CF (Community Facilities) for two p arcels of land located on the east side of SW
12 th Avenue, approximately 106 feet north of SW 2 nd Street for the Neighborhood Resource Center
Expansion.
B. Recommended approval (7 to 0), of City-initiated a mendments to the Land Development
Regulations (LDR) regarding the duties, powers, and responsibilities of the Historic Preservation
Board (HPB); procedures for obtaining a variance fr om the HPB; provision of required HPB review
for properties listed on the Local Register of Hist oric Places within applicable zoning districts;
clarification of procedures for historic designatio n; clarification of development standards for
properties listed on the Local Register of Historic Places; creation of “Local Register of Historic
Places”; clarification of procedures for tax exempt ions for historic properties; clarification of
criteria for changes of historic designation and/or classification.
Site Plan Review and Appearance Board Meeting of Ma y 23, 2012
1. Approved with conditions (5 to 0, Shane Ames absent and Roger DeCapito resigned), a request for
a color and material change for Advance Auto Parts, located within the Delray Beach Shopping
Center, located 1310 North Federal Highway.
2. Tabled (5 to 0), a color change request for two str uctures located at 393 NE 5 th Avenue (southeast
corner of NE 5 th Avenue and NE 4 th Street).
3. Approved with conditions (5 to 0), a Class I site p lan modification and architectural elevation plan
associated with the demolition of the existing glas s storefront and construction of new folding glass
doors with an integral swinging man door for egress for 9 NE 2 nd Avenue (Bay #9), located on the
east side of NE 2 nd Avenue (Pineapple Grove Way, north of East Atlanti c Avenue). Concurrently,
the Board recommended to the City Commission approv al of a waiver to LDR Section 4.4.13(F)(4)
(c)(1) to reduce the required ground floor setback and frontage from 70%-90% at a maximum of ten
feet to 0%.
Historic Preservation Board Meeting of May 16, 201 2
4. Approved with conditions (7 to 0), a request for a Certificate of Appropriateness associated with the
construction of a two-story single family dwelling located at 112 NE 7 th Street (south side of NE
7 th Street, between Swinton Avenue and NE 2 nd Avenue), Del-Ida Park Historic
District. Concurrently, the Board recommended to th e City Commission approval of a waiver to
LDR Section 4.5.1(E)(9)(b)to increase the second story encroachment into the Building Height
Plane to 24’6”, whereas a maximum of 18’ is permitt ed
5. Approved with conditions (5 to 2, Ana Aponte and Ro nald Brito dissenting), a request for a
Certificate of Appropriateness associated with the construction of a two-story single family dwelling
located at 116 NE 7 th Street (southwest corner of NE 7 th Street and NE 2 nd Avenue). Concurrently,
the Board took the following actions:
i. Recommended to the City Commission approval (on a 5 to 2 vote Ana Aponte and Ronald
Brito dissenting),of a waiver to LDR Section 4.5.1(E)(9)(b)to increase the second story
encroachment into the Building Height Plane to 32’3 ”, whereas a maximum of 18’ is permitted.
ii. Approved on a 7 to 0 vote, a variance to LDR Sectio n 4.3.4(K) to reduce the front yard
(north) setback to 19’ 6” whereas 30’ is required.
No other appealable items were considered by the Hi storic Preservation Board. The following item
which was considered by the Board will be forwarded to the City Commission for action:
6. Recommended approval (7 to 0), of City-initiated amendments to the Land Development
Regulations (LDR) regarding the duties, powers, and responsibilities of the HPB; procedures for
obtaining a variance from the HPB; provision of req uired HPB review for properties listed on the
Local Register of Historic Places within applicable zoning district Sections; clarification of
procedures for historic designation; clarification of development standards for properties listed on
the Local Register of Historic Places; creation of “Local Register of Historic Places”; clarification of
procedures for tax exemptions for historic properti es; clarification of criteria for changes of histor ic
designation and/or classification.
RECOMMENDATION
By motion, receive and file this report.
Attachment: Location Map
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Sharon L'Herrou, Administrative Officer
Anthony W. Strianese, Chief of Police
THROUGH:David T. Harden, City Manager
DATE:May 26, 2012
SUBJECT:AGENDA ITEM 8.L.1 - REGULAR COMMISSION MEETING OF JUNE 5, 2012
BID AWARD/ DELRAY BEACH AUTO MALL
ITEM BEFORE COMMISSION
The current agreement for undercover vehicle leases is up for renewal, and the Department recommends
awarding the contract to the low bidder, Delray Bea ch Auto Mall (Bid #2012-29). The award would be
for the lease of 6 vehicles per month for $350 each at an annual cost of $25,200.
BACKGROUND
The Department's Vice, Intelligence, and Narcotics unit utilizes rental vehicles to conduct long term
surveillance and undercover investigations. This un it plays a significant role in keeping the communit y
safe by disrupting serious criminal activity. They help to keep major drug traffickers, organized cri me
figures, and prostitution out of the community. The Department needs a vendor that can provide
monthly leases from a nearby location, that offers a variety of vehicles, and the ability to "swap"
vehicles as needed to maintain undercover status.
An Invitation to Bid for this service was issued on 5/4/12. Three vendors responded: Mears, Enterprise ,
and the Delray Beach Auto Mall. Mears responded wit h a “no-bid”. Enterprise quoted an average
monthly rental cost of $786.25 per vehicle for an a nnual rate of $56,610. The selection of Delray Beac h
Auto Mall would save the City approximately $31,410 over the competitive bid.
The recommended vendor offers a dramatic savings ov er the current one because their primary mode of
business is auto sales rather than rentals. Therefo re, they are able to lease to us at a reduced rate. In
2010, the Department entered into a separate contra ct with them to do short term daily leases, replaci ng
the previous vendor. Based on the cost savings and the success of that agreement, the Department is
confident in recommending Delray Beach Auto Mall fo r this contract as well.
FUNDING SOURCE
Funding is available in account #001-2115-521-44.40
RECOMMENDATION
The Police Department recommends approval.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Victor Majtenyi; Deputy Director of Public Uti lities
Richard C. Hasko, P.E.; Director of Environmental S ervices Department
THROUGH:David Harden; City Manager
DATE:May 24, 2012
SUBJECT:AGENDA ITEM 8.L.2 - REGULAR COMMISSION MEETING OF JUNE 5, 2012
BID AWARD/ INTERCOUNTY ENGINEERING, INC.
ITEM BEFORE COMMISSION
Approve a bid award to Intercounty Engineering Corp oration in the amount of $406,700.00
for construction of upgrades to Lift Station 100A, P/N 2011-041.
BACKGROUND
Lift Station 100A is located at the northeast corne r of Veteran’s Park, northeast of the shuffleboard
courts. The station was built in the early 1990’s, has three 30-hp pumps, and a 6” discharge pipe. Staff
considered the wet well to be near capacity in rega rds to storage and pumping, therefore recommended
a capacity study be performed on the station.
On December 7, 2010, City Commission approved a Ser vice Authorization to Mathews Consulting, Inc.
in the amount of $45,686 to perform a capacity anal ysis of Lift Station 100A. The study was completed
in June 2011. It revealed that the lift station is not adequate to serve future wastewater flow projec tions,
thus recommending the station be upgraded. The repo rt identified options for consideration, with their
respective planning level costs. The least costly option consisted of constructing a second wet well
adjacent to the existing and tying the two together for tandem operation. This option would provide th e
least potential for disruptions to the system as th e existing station would remain on-line until final tie-in
with the newly constructed wet well. In addition, this option would require a minimal amount of bypas s
pumping.
On July 19, 2011, Mathews Consulting was awarded a service authorization in the amount of $77,981
for providing professional services relating to des ign, surveying, permitting, geotechnical evaluation ,
construction document preparation, and project bidd ing, as well as construction administration service s
during the construction phase. The design was compl eted in February 2012 and advertised on April 15,
2012.
On May 15, 2012, bids were opened for the Wastewate r Lift Station 100A Upgrade project with
Intercounty Engineering, Inc. as the lowest respons ive bidder. The scope of work involves construction
of a second wet well, complete upgrade of the stati on's electrical service, by-pass pumping, associated
site landscape and fencing upgrades, as well as the purchase and installation of a new standby diesel
generator.
Prequalification by the City in the category of “Li ft Station” work was a requirement for this bid. The
low bidder, Intercounty Engineering has a good perf ormance record with the City of Delray Beach.
A bid tabulation and location map attached hereto f or your reference.
FUNDING SOURCE
Funding will be from account 442-5178-536-69.29, Water and Sewer Renewal & Replacement
Fund/Lift Station 100A Upgrade, in the amount $349,597.52, and account 442-5178-536-64.90, Water
and Sewer Renewal & Replacement Fund/Other Machiner y and Equipment in the amount of $57,102.48
(standby generator replacement).
RECOMMENDATION
Staff recommends approval of a Bid Award to Interco unty Engineering, Inc. in the amount of
$406,700.00 for Wastewater Lift Station 100A Upgrad e project, P/N 2011-041.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Begoña Krane, Engineer
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:May 17, 2012
SUBJECT:AGENDA ITEM 8.L.3 - REGULAR COMMISSION MEETING OF JUNE 5, 2012
CONTRACT AWARD/WEST CONSTRUCTION, INC.
ITEM BEFORE COMMISSION
This item is before the Commission to approve and a uthorize the Mayor to execute a contract with West
Construction, Inc., for the construction of swales at Delray Beach Heights. The cost of this contract is
$58,900.
BACKGROUND
The project consists of the construction of 6” deep roadside swales with a specific scope of work that
includes clearing and grubbing, roadside swale grad ing, sodding, and maintenance of traffic. Street
segments included are located within the Delray Bea ch Heights Neighborhood as listed below:
SW 8th St.
SW 11th Terr.
SW 11th Ave.
SW 10th Ave.
The project was advertised on April 15, 2012, and b ids were opened May 7, 2012, at 10 AM. Of the
five (5) contractors in attendance at the April 30, 2012, mandatory pre-bid meeting, bids were received
from two (2) before the advertised bid opening. Bo th respondents are considered qualified to perform
the work with the lowest responsive bid being submi tted by West Construction in the amount of
$58,900. Attached are a Bid tabulation, location m ap and other supporting documentation.
FUNDING SOURCE
Funding is available from Account 448-5461-538-65.4 1
RECOMMENDATION
Staff recommends approval of the contract award to West Construction, Inc, for the construction of
swales in the Delray Beach Heights Neighborhood.
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5/16/2012
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Clayton Gilbert, Building Maintenance Superint endent
Richard C. Hasko, P.E. Director of Environmental Se rvices
THROUGH:David T. Harden, City Manager
DATE:May 23, 2012
SUBJECT:AGENDA ITEM 8.L.4 - REGULAR COMMISSION MEETING OF JUNE 5, 2012
PURCHASE AWARD/MUNICIPAL LIGHTING SYSTEMS
ITEM BEFORE COMMISSION
This item is before the Commission to approve a Pur chase Award to Municipal Lighting Systems in the
amount of $13,860.00 for the purchase of an additio nal ten (10) LED light fixtures that are Buy
America Compliant to install on the decorative stre et light poles along West Atlantic Avenue.
BACKGROUND
The lighting retrofit is part of a grant activity a nd the purchase of the LED fixtures is being funded by
the Energy Efficiency and Conservation Block Grant (EECBG). The EECBG is a grant through the
American Recovery and Reinvestement Act (ARRA), whi ch requires Buy America Compliant products
in most cases.
The decorative street light poles along West Atlant ic Avenue between Swinton and NE/SE 6th Avenue
currently are using a light fixture that is a 175 w att metal halide lamp. The proposed fixture will ut ilize a
90 watt LED light source, providing electrical savi ngs in excess of 40%.
The history of the lighting retrofits for this area is as follows: On 1/3/2012 Commission approved th e
purchase of sixty (60) fixtures for $83,160, on 4/2 7/2012 the City Manager approved the purchase of te n
(10) additional fixtures for $13,860, and the curre nt request is for another ten (10) fixtures, which will
complete the West Atlantic Avenue lighting project under this grant.
FUNDING SOURCE
Funding is available from expenditure account numbe r 101-6352-519-46.95, titled EECBG City
Lighting Improvements - Wesst Atlantic Avenue Stree t Lights.
RECOMMENDATION
Public Works recommends approval of the purchase Aw ard to Municipal Lighting Systems in the
amount of $13,860.00 for the purchase of ten (10) L ED light fixtures.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Amy E. Alvarez, Historic Preservation Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:City Manager
DATE:May 25, 2012
SUBJECT:AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
WAIVER REQUEST/112 N.E. 7TH STREET
ITEM BEFORE COMMISSION
The action requested of the City Commission is appr oval of a waiver from LDR Section 4.5.1(E)(9)(b),
Visual Compatibility Incentives: Front Elevations, which allows an encroachment into the front
Building Height Plane (BHP) setback area if twenty five percent (25%) or more of the front elevation
remains one (1) story and if the total width of ext ension does not exceed eighteen feet (18’). The width
of the two-story encroachment measures 24’6” wide, thereby requiring relief to exceed the maximu m
width by 6’6”.
BACKGROUND
At its meeting of May 16, 2012, the Historic Preser vation Board (HPB) considered and approved, with
conditions, a Certificate of Appropriateness (COA) associated with the construction of a new single-
family residence. The HPB considered the waiver req uest concurrently with the COA request and
recommended approval by a vote of 6-0.
WAIVER ANALYSIS
Pursuant to LDR Section 4.5.1(E)(9)(b), Visual Comp atibility Incentives: Front Elevations, design
flexibility is provided for residential structures to allow encroachment into the front Building Heigh t
Plane (BHP) setback area if twenty five percent (25 %) or more of the front elevation remains one (1)
story and if the total width of extension does not exceed eighteen feet (18’). The width of the two-story
encroachment measures a total of 24’6”, and is brok en up into two wall planes. The foremost two-story
element measures 17’6” wide, while the secondary tw o-story wall plane, which is set back an additional
4’6”, measures 7’ wide. The second wall plane is th e subject of this 6’6” waiver.
Waiver Criteria:
Pursuant to LDR Section 2.4.7(B)(5), prior to grant ing a waiver, the approving body shall make a
finding that the granting of the waiver:
(a) Shall not adversely affect the neighbori ng area;
(b) Shall not significantly diminish the pro vision of public facilities;
(c) Shall not create an unsafe situation; an d
(d) Does not result in the grant of a specia l privilege in that the same waiver would be grante d
under similar circumstances on other property for a nother applicant or owner.
The intent of this requirement is to mitigate the i mpact of second-story masses on the streetscape within
a historic district. In consideration of the waiver criteria above, the request may be supported in th at the
neighboring area will not be adversely affected as the intent of the building plan regulation (reducti on of
massing) is met with the mutiple offsets of the sec ond floor additions. The same waiver would be
granted under similar circumstances on other proper ty for another applicant or owner proposing a
similar front setback, building size, lot coverage and other elements such as significant offsets in t he
wall and roof planes which contribute to a compatib le scale and massing. Based on the above, positive
findings can be made with respect to LDR Section 2.4.7(B)(5).
RECOMMENDATION
Approve the waiver request to LDR Section 4.5.1(E)(9)(b), Visual Compatibility Incentives: Front
Elevations, to increase the second story encroachme nt into the Building Height Plane from 18’ to 24’6 ”
width, based upon positive findings under LDR Secti on 2.4.5(B)(5).
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST ASSOCIATED WITH A
CERTIFICATE OF APPROPRIATENESS FOR 112 NE 7 th STREET, DEL-IDA
HISTORIC DISTRICT
1. This waiver request to permit an increase in the Bu ilding Height Plane
(BHP) ratio associated with a Certificate of Appropriat eness for 112 NE 7th Street, Del-
Ida Historic District came before the City Commission on Ju ne 5, 2012.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the wai ver request to permit the building
to encroach the area outside of the Building Height Pl ane. All of the evidence is a part
of the record in this case. Required findings are made in accordance with Subsection I.
I. WAIVER :
Pursuant to LDR Section 2.4.7(B)(5), prior to grantin g a waiver, the approving
body shall make a finding that the granting of the wa iver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of p ublic facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privileg e in that the same waiver
would be granted under similar circumstances on other pro perty for
another applicant or owner.
A. Waiver to Permit an Increase in the Building Height Plane (BHP)
Front Elevation Extension Limitation :
The proposal includes a front elevation width of 24’6 ”. The primary two story
element measures 17’6” and meets the requirements. The additional area that exceeds
the requirements is 7’6” wide. Therefore, a waiver is required to increase the front
elevation encroachment into the Building Height Plane (BHP) from 18’ to 24’6”.
Pursuant to LDR Section 4.5.1(E)(9)(b) “Visual Compati bility Incentives, Front
Elevations,” in order to provide design flexibility f or residential structures that otherwise
satisfy the Visual Compatibility Standards, up to twe nty five percent (25%) of the front
elevation can extend above the BHP to a maximum heig ht of thirty five feet (35’),
provided twenty five percent (25%) or more of the el evation remains one story as
2
defined by LDR Section 4.5.1 (E)(8)(a)(2). The total width of the extension shall not
exceed 18 feet (18’) along the front elevations.
Does the waiver request to increase the front elev ation encroachment from
18’ to 24’6” meet all of the requirements of 2.4.7(B)(5)?
Yes _______ No _______
3. The City Commission has applied the Comprehensive P lan and LDR
requirements in existence at the time the original dev elopment application was
submitted and finds that its determinations set forth i n this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and compete nt substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff r eports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Co mmission approves ___
denies ___ the waiver request to LDR Section 4.5.1(E)(9)(b).
6. Based on the entire record before it, the City Co mmission hereby adopts
this Order this 5th day of June, 2012, by a vote of _____ in favor and _____ opposed.
________________________________
ATTEST: Nelson S. McDuffie, Mayor
________________________________
Chevelle Nubin, City Clerk
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Amy E. Alvarez, Historic Preservation Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:City Manager
DATE:May 25, 2012
SUBJECT:AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
WAIVER REQUEST/116 N.E. 7TH STREET
ITEM BEFORE COMMISSION
The action requested of the City Commission is appr oval of a waiver from LDR Section 4.5.1(E)(9)(b),
Visual Compatibility Incentives: Front Elevations, which allows encroachment into the front Building
Height Plane (BHP) setback area if twenty five perc ent (25%) or more of the front elevation remains
one (1) story and if the total width of extension d oes not exceed eighteen feet (18’). The width of the
two-story encroachment measures 31’6” wide, thereby requiring relief to exceed the minimu m width by
approximately 13’6”.
BACKGROUND
At its meeting of May 16, 2012, the Historic Preser vation Board (HPB) considered and approved, with
conditions, a Certificate of Appropriateness (COA) associated with the construction of a new single-
family residence. The HPB considered the waiver req uest concurrently with the COA request and
recommended approval by a vote of 5-2 (Aponte and B rito dissenting).
WAIVER ANALYSIS
Pursuant to LDR Section 4.5.1(E)(9)(b), Visual Comp atibility Incentives: Front Elevations, design
flexibility is provided for residential structures to allow encroachment into the front Building Heigh t
Plane (BHP) setback area if twenty five percent (25 %) or more of the front elevation remains one (1)
story and if the total width of extension does not exceed eighteen feet (18’). The width of the two-story
encroachment measures a total width of 31’6”, and is broken up into two wall planes. The foremost
two-story element measures 18’ wide, while the seco ndary two-story wall plane, which is set back an
additional 11’ and is located above a one-story mas s, measures 13’6” wide. Due to the total width of
encroachment, a waiver is required and has been ana lyzed below.
Waiver Criteria:
Pursuant to LDR Section 2.4.7(B)(5), prior to grant ing a waiver, the approving body shall make a
finding that the granting of the waiver:
(a) Shall not adversely affect the neighbori ng area;
(b) Shall not significantly diminish the pro vision of public facilities;
(c) Shall not create an unsafe situation; an d
(d) Does not result in the grant of a specia l privilege in that the same waiver would be grante d
under similar circumstances on other property for a nother applicant or owner.
The intent of this requirement is to mitigate the i mpact of second-story masses on the streetscape within
a historic district. In consideration of the waiver criteria above, the request may be supported in th at the
intent of the building plane regulation (reduction of massing) is met with the multiple offsets of the
second floor additions. The same waiver would be gr anted under similar circumstances on other
property for another applicant or owner proposing a similar front setback, building size, lot coverage
and other elements such as significant offsets in t he wall and roof planes which contribute to a
compatible scale and massing. Further, the breaks i n the wall planes between the first and second stor ies
assist the design in meeting the intent of the regu lation. Based on the above, positive findings can b e
made with respect to LDR Section 2.4.7(B)(5).
RECOMMENDATION
Approve the waiver request to LDR Section 4.5.1(E)(9)(b), Visual Compatibility Incentives: Front
Elevations, to increase the second story encroachme nt into the Building Height Plane from 18’ to 31’6 ”
wide, based upon positive findings under LDR Sectio n 2.4.5(B)(5).
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST ASSOCIATED WITH A
CERTIFICATE OF APPROPRIATENESS FOR 116 NE 7 th STREET, DEL-IDA
HISTORIC DISTRICT
1. This waiver request to permit an increase in the Bu ilding Height Plane
(BHP) ratio associated with a Certificate of Appropriat eness for 116 NE 7th Street, Del-
Ida Historic District came before the City Commission on Ju ne 5, 2012.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the wai ver request to permit the building
to encroach the area outside of the Building Height Pl ane. All of the evidence is a part
of the record in this case. Required findings are made in accordance with Subsection I.
I. WAIVER :
Pursuant to LDR Section 2.4.7(B)(5), prior to grantin g a waiver, the approving
body shall make a finding that the granting of the wa iver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of p ublic facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privileg e in that the same waiver
would be granted under similar circumstances on other pro perty for
another applicant or owner.
A. Waiver to Permit an Increase in the Building Height Plane (BHP)
Front Elevation Extension Limitation :
The proposal includes a front elevation width of 31’6 ”. The primary two story
element measures 18” and meets the requirements. The a dditional area that exceeds
the requirements is 13’6” wide. Therefore, a waiver i s required to increase the front
elevation encroachment into the Building Height Plane (BHP) from 18’ to 31’6”.
Pursuant to LDR Section 4.5.1(E)(9)(b) “Visual Compati bility Incentives, Front
Elevations,” in order to provide design flexibility f or residential structures that otherwise
satisfy the Visual Compatibility Standards, up to twe nty five percent (25%) of the front
2
elevation can extend above the BHP to a maximum heig ht of thirty five feet (35’),
provided twenty five percent (25%) or more of the el evation remains one story as
defined by LDR Section 4.5.1 (E)(8)(a)(2). The total width of the extension shall not
exceed 18 feet (18’) along the front elevations.
Does the waiver request to increase the front elev ation encroachment from
18’ to 31’6” meet all of the requirements of 2.4.7(B)(5)?
Yes _______ No _______
3. The City Commission has applied the Comprehensive P lan and LDR
requirements in existence at the time the original dev elopment application was
submitted and finds that its determinations set forth i n this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and compete nt substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff r eports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Co mmission approves ___
denies ___ the waiver request to LDR Section 4.5.1(E)(9)(b).
6. Based on the entire record before it, the City Co mmission hereby adopts
this Order this 5th day of June, 2012, by a vote of _____ in favor and _____ opposed.
________________________________
ATTEST: Nelson S. McDuffie, Mayor
________________________________
Chevelle Nubin, City Clerk
MEMORANDUM
TO:Mayor and City Commissioners
FROM:CANDI N. JEFFERSON, SENIOR PLANNER
PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING
THROUGH:CITY MANAGER
DATE:May 25, 2012
SUBJECT:AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
WAIVER REQUEST/ 9 N.E. 2ND AVENUE
ITEM BEFORE COMMISSION
Consideration of a waiver request to the CBD downto wn design guidelines which involve lower level
frontage and setback requirements for 9 NE 2 nd Avenue. This waiver would allow 0%frontage at a
maximum setback of 10 ft. along NE 9 th Avenue where 70%-90% frontage is required pursuant to LDR
Section 4.4.13(F)(4)(c)(1).
BACKGROUND
The 0.0789 acre property currently contains three (3) retail bays. The two (2) northernmost bays (Bays
#11 and #15) were previously associated with Ace Pu mp and are currently vacant. The southernmost
bay (Bay #9) is currently occupied by F Y & I (Froz en Yogurt and Ice Cream). This use is consistent
with the prior Rita’s Ice Cream Parlor at that loca tion.
On April 17, 2012, the City Commission approved a waiver to the setback an d frontage requirements
associated with conversion of 2,142 sq. ft. of exis ting retail space to restaurant space for Bays #11 and
#15 for 9 NE 2 nd Avenue. The current proposal calls for demolition of the existing glass storefront
which is set back four feet (4’) and installation of new folding glass doors setback an additional ten feet
(10’) for retail Bay #9. An analysis of the waiver request is provided in the following section.
Waiver Requests LDR Section 2.4.7(B)(5) Findings:
Pursuant to LDR Section 2.4.7(B)(5), prior to grant ing a waiver, the approving body must make a
finding that granting the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of p ublic facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would be granted under
similar circumstances on other property for another applicant or owner.
Ground Level Setback and Frontage Requirements:
A waiver has been requested to allow 0% frontage al ong NE 2 nd Avenue at a maximum of 10 ’
rather than the 70%-90%frontage required, pursuant to LDR Section 4.4.13(F )(4)(c)(1).
Pursuant to LDR Section 4.4.13(F)(4)(c)(1), a minim um of 70% and a maximum of 90% of the building
frontage shall be set back no greater than ten feet (10’) from the property line for buildings up to t wenty -
five feet (25’) in height. The remaining length of the building sh all be setback a minimum of fifteen feet
(15’).
The applicant has provided the following justificat ion statement regarding the waiver request:
“The proposed design of the Property seeks to demo lish approximately sixteen feet (16 ') of
existing building frontage (Bay # 9), which is currently set back only four feet (4') from the property
line, and rebuild and relocate it ten feet (10') f urther into the space. The new setback from the property
line would be fourteen feet (14'). The entire roof, columns and structural supports ar e to remain and will
not be moved. The existing non-load bearing glass storefront will be replaced with a folding impact
glass storefront. The building footprint (generally understood to mean the horizontal projected area o f
the built structure from the roof down to ground le vel) is not changing. This is comparable to many
other restaurants in the CBD /downtown area with similar elevations and whic h design element is
intended to provide a location for a desired cover ed outdoor dining area .”
The Central Business District requires all buildings to be plac ed in close proximity to rights of way, to
encourage pedestrian access and to foster a uniform streetscape along major thoroughfares. The code
encourages a maximum setback of ten feet (10’). To assist in this effort, the building mass is pull ed
closer to the street to create an attractive pedest rian friendly area in the front. However, given the design
of the floor plan layout, which includes a covered outdoor bar and dining area, the entrance will cont inue
to look inviting to passing pedestrians.
The waiver to LDR Section 4.4.13(F)(4)(c)(1), does not affect the neighboring areas or create an unsaf e
situation. Granting of the requested waiver will no t diminish the provision of public facilities or re sult in
the grant of a special privilege. In fact, this req uest is consistent with the recently approved waive r
requests for the two (2) bays immediately to the no rth. Consequently, positive findings can be made wi th
respect to LDR Section 2.4.7(B)(5) in the reduction of the required setback along NE 2 nd Avenue.
REVIEW BY OTHERS
The Site Plan Review and Appearance Board reviewed the waiver request at their meeting of May 23,
2012 in conjunction with the Class I Site Plan modi fication approval. By a vote of 5-0, the SPRAB
recommended approval to the requested waiver to LDR Section 4.4.13(F)(4)(c)(1), Minimum Ground
Level Building Setback and Frontage to allow 0% frontage along NE 2 nd Avenueto be set back 10' or
less where 70%-90% frontage at a maximum setback of 10’ is otherwise required on floor levels up to
25’. A detailed description and analysis of the developm ent proposal is contained within the attached
Site Plan Review and Appearance Board staff report of May 23, 2012.
RECOMMENDATION
Approve the waiver request to LDR Section 4.4.13(F)(4)(c)(1 ), to reduce the required ground floor
setback and frontage from 70%-90% at a maximum of t en feet (10’) to 0% alongNE 2 nd Avenue, by
adopting the findings of fact and law contained in the staff report, and finding that the request is
consistent with LDR Section 2.4.7(B)(5).
1
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR 9 NE 2 nd Avenue
1. This waiver request came before the City Commission on June 5, 2012.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the wai ver request for 9 NE 2nd
Avenue. All of the evidence is a part of the record i n this case. Required findings are
made in accordance with Subsection I.
I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to grantin g a waiver, the
approving body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of p ublic facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on ot her
property for another applicant or owner.
A. Waiver to LDR Section 4.4.13(F)(4)(c)(1)
Pursuant to LDR Section 4.4.13(F)(4)(c)(1), a minimum of 70% and a
maximum of 90% of the building frontage shall be set back to no greater
than ten feet (10’) from the property line for buil dings up to twenty-five feet
(25’) in height. The applicant is requesting a waiver to allow 0% of the
building frontage at NE 2 nd Avenue to be set back at a maximum of ten
feet (10’) rather than the 70%-90% required. Under the proposed design,
the entire roof, columns and structural supports are to r emain at the
current setback of four feet (4’). However, 100% of the frontage of the
modified structure will be set back more than 10 feet (1 0’) from the
property line.
Should the waiver be granted?
Yes ______ No _______
2
3. The City Commission has applied the Comprehensive P lan and LDR
requirements in existence at the time the original dev elopment application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and compete nt substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff r eports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Co mmission approves __
denies ___ the waiver request.
6. Based on the entire record before it, the City C ommission hereby adopts
this Order this 5th day of June, 2012, by a vote of ____ in favor and ____ opposed.
________________________________
ATTEST: Nelson S. McDuffie, Mayor
________________________________
Chevelle Nubin, City Clerk
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Tracie M. Lutchmansingh, P.E., Assistant City Engineer
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:May 29, 2012
SUBJECT:AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
REQUEST TO INSTALL PERVIOUS BRICK PAVERS IN CITY RIGHT -OF -
WAY/PRESIDENTIAL AUTO LEASING AND SALES
ITEM BEFORE COMMISSION
Consideration of request from Presidential Auto Lea sing and Sales (3201 S. Federal Highway) to install
100-feet of pervious brick pavers in a section of C ity right-of-way along the south side of Avenue
L approximately 300-feet east of Federal Highway.
BACKGROUND
Presidential Auto received Site Plan Certification in July 2011 for improvements proposed on the
east side of their property. These improvements inc luded construction of a bullpen parking lot, wall,
driveway and associated landscaping. In November 20 11, permits were issued from the Building
Inspection Division to construct these improvements . In January 2012, the contractor requested
approval through the Engineering Division to replac e approximately 100-feet of grass swale in the righ t-
of-way located on the north side of the permitted i mprovements and approximately 300-feet of east
Federal Highway with a pervious paver system. Refer to Location Map for exact location. The basis of
the request was to provide an area that would facil itate unloading of semi trailer auto carriers with a
delivery fequency of 2 to 3 times per week. Refer t o the letter dated January 5th, 2012 from contracto r,
Mr. Terry Edwards.
In letter dated February 15, 2012, the owner of the dealership, Mr. Jim Guistolisi indicated that the
current layout of their property does not allow sem i trailer trucks to access the property for vehicul ar
deliveries. They currently unload large semi-trucks on one lane of Lindell Boulevard (which is a ctually
Avenue L on this side of Federal Highway). Mr. Guis tolisi has also indicated that the recent expansion
(within the last 6 months) allowed for 85% of the h is deliveries to be made on site. These delivery
vehicles now enter through the west entrance on Ave nue L and exit from the new east entrance on
Avenue L. Refer to Exhibit "A" for the current unlo ading layout. Delivery vehicles that can be
accommodated on site include tow trucks, flat beds and general box trucks for a maximum length of 25-
feet. However, the delivery trucks that range from 75- feet to 100-feet cannot maneuver onto and off the
site. In addition, the site lacks adeqaute space to accommodate these trucks with their unloading ramp
fully extended. As a result, Mr. Guistolisi is requ esting to pave 100-feet of the swale in the right-o f-way
with a pervious system acceptable to the City and i s willing to complete a Maintenance Agreement that
indicates they will be responsible for it's ongoing maintenance.
The Planning and Zoning (P&Z) Department does not s upport this request on the basis that all deliverie s
were suppose to be accommodated on site. Refer to t he attached document from P&Z's Director, Paul
Dorling.
From a technical right-of-way use perspective, this is not a residential area and there are no anticipated
drainage or utility impacts resulting from this pro posal. On that basis, Engineering has no objection to
the request, but will defer to the land use concern s expressed by the Planning Department. Any
approval of this request will be contingent upon su bmittal and technical approval of detailed
engineering plans for construction.
RECOMMENDATION
Commission discretion.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZO NING
THROUGH: CITY MANAGER
DATE: MAY 31, 2012
SUBJECT: AGENDA ITEM # - REGULA R MEETING – JUNE 5, 2012
ITEM BEFORE COMMISSION
The action before the City Commission is approval of a request to pave the swale area along Avenue L
to allow for vehicle unloading for Presidential Auto Leasing.
BACKGROUND
This request was considered by DSMG and at that time planning staff raised some concerns based upon
events associated with the recent expansion of the operation.
At its meeting of April 5, 2011, the City Commission approved a Future Land Use Map (FLUM)
Amendment from MD (Medium Density 5-12 du/acre) to GC (General C ommercial) and rezoning from
RM (Medium Density Residential) to AC (Automotive Commerci al) for lots 55 through 58 of the
subject property. At that hearing, in an attempt to secure approval the applicant provided a PowerPoint
exhibit depicting how the proposed expansion would allow the loadi ng functions that where currently
being conducted in the public right-of-way (Avenue L) to be accom modated on site. A verbatim
transcript from the City Commission meeting is noted below:
My name is Jim Guistolisi and my home address is 727 NE 75 th Street, a couple of blocks
away from this site. By approving this, my business is very tight right now to operate, in
parking and we’ve kind of just outgrown our quarters a little b it, if you will. This would
really be a tremendous help, although it’s a very small piece , it would be a very big help for
us. One of the big helps is actually in this picture, I think we have a better picture than this
but, what I’m going to end up doing is putting another entrance. Where’s the site plan? We
have a better… You see there’s a second entrance that I’m goi ng to put in on my existing
property right there. Right now one of the big things we have going on is that we have
one way in the property and one way out. A lot of times we get delivery by trucks and
they can get in but they can’t get out. It gets very difficul t for them, so by having a
second exit or entrance, if you will, it’s going to give a better flow and a lot more trucks
can actually come in or go out. Right now they’re basically load ing and unloading at
Avenue “L” so that could help some of the congestion on that street and, again, it’s
going to help the space of the business . It’s very cramped for being an automobile dealer.
If there are any questions for me.
With the subsequent submittal of follow-up site plan modif ications these verbal commitments were
ignored. During the site plan review process staff raised the loading issue and asked for a redesign to
adequately accommodate the loading function on site. The applicant declined to r edesign the site plan to
accommodate the onsite loading function as required by LDR Secti on 4.6.10 (A). While staff
recommended denial of the site plan modification, primarily due to loading concerns, the applicant was
2
successful in persuading the Site Plan Review and Appearance Board to approve the site plan
modification on June 23, 2011.
It appears at best, disingenuous to now ask the public to accomm odate areas for loading in the public
right of way given the very conscious decision not to accommodate loading on private property as
required and proffered during the recent expansion of the property
RECOMMENDATION
Deny the request to accommodate loading in the public right-of-w ay and recommend that other
alternatives be explored to provide the loading on site.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:May 30, 2012
SUBJECT:AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
REVISIONS TO THE SPECIAL EVENT POLICIES AND PROCEDU RES
ITEM BEFORE COMMISSION
Commission is requested to consider approval of pro posed revisions to the Special Event Policies and
Procedures to be effective for events beginning Oct ober 1, 2012.
BACKGROUND
Based on Commission direction, staff reviewed propo sed changes to the Special Event Policies and
Procedures at the Commission Workshop held on March 15, 2012.
Major changes agreed to are as follows:
1.Charge all event producers 100% of City staff overt ime costs as well as 100% for all other City
services and rentals.
2.Charge Old School Square and the Delray Beach Marke ting Cooperative 50% versus 35% of City
staff overtime costs as well as 100% for all other City services and rentals.
3.Charge all event producers a 5% administrative fe e of overtime costs.
4.Provide language that permits the City to charge a deposit for new events.
5.Only allow three (3) weekends (Saturday and/or Sund ay or multiday) be set aside in any month
for events.
Since the workshop, I have also received recommenda tions for changes from other staff
members. These include:
1.Require payment of the City invoice in full withi n 60 days of the invoice date.
2.Include provisions to require dumpsters, grease and oil collection equipment for events as may be
determined by staff.
3.Include provisions for Parks Maintenance and Publ ic Works staff support.
Other minor language changes and reorganization of sections have also been made.
RECOMMENDATION
Staff recommends approval of proposed changes to th e Special Event Policies and Procedures to be
effective October 1, 2012.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Catherine M. Kozol, Asst. City Attorney/Police Legal Advisor
THROUGH:City Attorney
DATE:May 29, 2012
SUBJECT:AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
SETTLEMENT OFFER IN CRISLER CHACRETON V. CITY OF DELRAY B EACH
ITEM BEFORE COMMISSION
This is an offer of settlment in the sum of $63,500 .00 in the case of Crisler Chacreton v. The City of
Delray Beach.
BACKGROUND
This case arises from an automobile accident that o ccurred on June 9, 2009 when Mr. Crisler's vehicle
and a Delray Beach Police Department vehicle collid ed on West Atlantic Avenue in front of the Police
Department. Mr. Crisler's injuries included a rota tor cuff tear in his right shoulder along with a lu mbar
and cervical strain. The medicals to date are $53,624.37 with future medicals estimated at $1400.00 p er
year.
RECOMMENDATION
The City Attorney's Office and Gallagher Basset rec ommend approval.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:May 29, 2012
SUBJECT:AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE BO ARD
ITEM BEFORE COMMISSION
This item is before the City Commission for an appo intment to the Site Plan Review and Appearance
Board.
BACKGROUND
There is a vacancy on the Site Plan Review and Appe arance Board due to the resignation of Mr. Roger
DeCapito. The term is unexpired ending August 31, 2 012. Appointment is needed for one (1) regular
member.
Contingent upon approval of Ordinance No. 15-12, the appointed member shall be allowed to serve the
following full regular term without reappointment b ecause the unexpired term is for a period of time
less than six months.
To qualify for appointment, a person shall either b e a resident of, or own property in the City, and/o r
own a business within the City. In addition, the Ci ty Commission shall fill five seats on the Board wi th
an architect, landscape architect, realtor/real est ate broker, civil engineer, general contractor, sig n
contractor, land planner or interior designer. The remaining two seats shall be at large. The Commissi on
shall endeavor to appoint as many disciplines as po ssible to the board.
The following individuals have submitted applicatio ns and would like to be considered for
appointment:
(See Exhibit “A” attached)
A check for code violations and/or municipal liens was conducted. None were found. Voter registration
verification was completed and all are registered w ith the exception of Mr. Borrero.
Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4) for one
(1) regular member to serve an unexpired term plus a two (2) year term ending August 31, 2014.
RECOMMENDATION
Recommnend appointment of one (1) regular member to serve on the Site Plan Review and Appearance
Board for an unexpired plus two (2) year term endin g August 31, 2014.
SITE PLAN REVIEW AND APPEARANCE BOARD
05/12
TERM EXPIRES REGULAR MEMBERS OCCUPATION
08/31/2012
Unexp Appt 10/03/06
Reappt 08/19/08
Reappt 08/17/10
Shane Ames, Chair
Designer/Architect
08/31/2012
Unexp Appt 08/16/11
Shannon Dawson
Business Owner-
Property
Management/Realt
or
08/31/2013
Unexp Appt 01/03/12
Alice Finst
Citizen-at-Large
08/31/2012
Appt 08/17/10
Rustem Kupi
Architect
08/31/2013
Unexp Appt
Scott Porten
General Contractor
08/31/2014
Unexp Appt
Vacant
08/31/2014
Unexp Appt 05/15/12
James Knight
Real Estate
Broker/General
Contractor
S/City Clerk/Board 12/SPRAB
SITE PLAN REVIEW AND APPEARANCE BOARD APPLICANTS
EXHIBIT A
Applicants with experience in the professions required:
Jose Aguila Architect
Alejandro Borrero Architect/Project Director
Jason Bregman Self-employed consultant/Landscape Architecture
Ronald Brito General Contractor/President
Mark Gregory Sign Specialist-Sales/Consultant
Jerome Sanzone Building Official/General Contractor
Chris Stray Landscape Architecture & Design/Interior Design
Applicants for At Large Seat:
David Beale Business Owner/Attorney
Aird Cajuste Mental Health Case Manager
Mary-Elizabeth Cohn Educator/Consultant
Frank Frione Engineering Consultant/CFO
Robert Marks Construction Inspector
Ria Santos Financial Consultant
Thomas Stanley Attorney
Andrew Youngross Engineering Consultant
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:May 29, 2012
SUBJECT:AGENDA ITEM 9.H. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
APPOINTMENTS TO THE FINANCIAL REVIEW BOARD
ITEM BEFORE COMMISSION
This item is before the City Commission for appoint ments to the Financial Review Board.
BACKGROUND
There are vacancies on the Financial Review Board f or two (2) regular members and one (1) alternate
member due to the resignations of Mr. Anthony Cotto ne, Mr. Jeff Ritter and Mr. David Stein. Three (3)
appointments will be made for two (2) regular membe rs and one (1) alternate member. The terms are
unexpired ending July 31, 2012 and July 31, 2013.
Contingent upon approval of Ordinance No. 15-12, any appointed member who is appointed for an
unexpired term for a period of time less than six m onths shall be allowed to serve the following full
regular term without reappointment.
On October 6, 2009, the Delray Beach City Commissio n adopted Resolution No. 55-09 establishing the
Budget Review Committee to review the City’s budget, systems and procedures, technology
improvements, or related materials and concepts and make recommendations regarding revenues,
salaries and benefits, operating expenses, debt ser vice expenses, capital outlay, grants to other enti ties
and transfers to other funds or any other items tha t may favorably impact the City’s budget and overall
financial condition. The Commission later adopted Resolution No. 58-09 which renamed the committee
as the Financial Review Board with the expanded res ponsibilities of analysis of revenues and expenses
and business practices and processes. Resolution No . 05-11 provided further amendments to clarify that
the Board’s duties shall fall under the direction of the City Manager or the City Commission and to
restrict the membership of the Board.
The Financial Review Board shall consist of nine (9 ) members. Five (5) seats on the Board must be
filled with a certified public accountant, accounti ng professional, finance professional, certified
financial planner, investment advisor, insurance pr ofessional (property/casualty or health), business
owner/manager/officer and someone with an MBA or MP A degree. The remaining four (4) members
may be at large.
The following individuals have submitted applicatio ns and would like to be considered for
appointment:
(See Exhibit “A” attached)
A check for code violations and/or municipal liens was conducted. None were found. Voter registration
verification was completed and they are registered.
Based on the rotation system, the appointments will be made as follows:
Term Expiration Date Commissioner/Mayor to appoint
July 31, 2014 (regular member) Commissioner Jacquet (Seat #2)
July 31, 2013 (regular member) Commissioner Frankel (Seat #3)
July 31, 2013 (alternate member) Commissioner Gray (Seat #4)
The appointments are scheduled to be made at the re gular City Commission meeting on June 5, 2012.
RECOMMENDATION
Recommend appointment of one (1) regular member to serve on the Financial Review Board for an
unexpired plus two (2) year term ending July 31, 20 14. Recommend one (1) regular member and one
(1) alternate member to serve unexpired terms endin g July 31, 2013.
FINANCIAL REVIEW BOARD
04/12
TERM EXPIRES REGULAR MEMBERS OCCUPATION
07/31/12
Unexp Appt 03/20/12
Brian Anderson
Director of
Communications
07/31/14
Unexp Appt
Vacant
07/31/13
Unexp Appt 04/05/11
Reappt 06/21/11
John Hallahan, Chair
Assistant Director of
Operations/Retired
MBA
07/31/12
Unexp Appt 01/17/12
Brian Wood
Director/Senior
Manager-Finance
07/31/13
Appt 11/03/09
Reappt 6/21/11
Christina Morrison, Chair
Realtor
07/31/13
Unexp Appt
Vacant
07/31/12
Appt 07/20/10
Luise Piane
Executive
Management
ALTERNATES
07/31/13
Unexp Appt 01/03/12
Warren Trilling
Business
Development
Manager
CPA
07/31/13
Unexp Appt
Vacant
S/City Clerk/Board 12/Financial Review Board
FINANCIAL REVIEW BOARD
EXHIBIT A
Applicants with experience in the professions required:
Jeremy Office Associate Director/Wealth Management Advisor MBA
Rosa Torres-Tumazos Business Strategy Consultant/Principal CFP
Applicants interested in being an at-large member:
Patricia Maguire Public Relations/Editor
Alan Weitz Banking (also applying for the Community Redevelopment A gency)
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:May 29, 2012
SUBJECT:AGENDA ITEM 9.I. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY
ITEM BEFORE COMMISSION
This item is before the City Commission for an appo intment to the Community Redevelopment Agency.
BACKGROUND
The term for regular member, Mr. William Branning w ill expire on July 1, 2012. Mr. Branning will
have served one (1) full term, is eligible and woul d like to be considered for reappointment. The term
will be for four (4) years ending July 1, 2016.
Per Florida Statute, any person may be appointed to the Community Redevelopment Agency if he or
she resides in or is engaged in business (which mea ns owning a business, practicing a profession or
performing a service for compensation, or serving a s an officer or director of a corporation or other
business entity) within the area of the agency whic h is coterminous with the municipality and is
otherwise eligible for such appointment. The City A ttorney has determined that anyone who resides
within the City limits is eligible for appointment. A person cannot hold any other public office other
than his/her commissionership or office with respec t to the Community Redevelopment Agency.
The following individuals have submitted applicatio ns and would like to be considered for
appointment:
(See Exhibit “A” attached)
A check for code violations and/or municipal liens was conducted. None were found. Voter registration
verification was completed and all are registered.
Based on the rotation system, the appointment will be made by Mayor McDuffie (Seat #5) for one (1)
regular member to serve a four (4) year term ending July 1, 2016.
RECOMMENDATION
Recommend appointment of one (1) regular member to serve on the Community Redevelopment
Agency for a four (4) year term ending July 1, 2016 .
COMMUNITY REDEVELOPMENT AGENCY
4 YEAR TERM
20 N. Swinton Avenue
Delray Beach, FL 33444
07/11
TERM
EXPIRES
REGULAR MEMBERS OCCUPATION
07/01/2013
Appt 07/05/05
Reappt 06/16/09
Peter Arts, 1 st Vice Chair
Life Insurance
Agent
07/01/2015
Appt 06/21/11
Annette Gray
Real Estate Broker
07/01/2013
Unexp Appt 02/20/07
Reappt 06/16/09
Veronica Covington
Security
Surveillance
07/01/2014
Unexp Appt 04/15/03
Reappt 06/20/06
Reappt 07/06/10
Howard Lewis, Chair
Business Owner
07/01/2012
Unexp Appt 05/02/06
Reappt 07/01/08
William Branning, Treasurer
Contractor
07/01/2013
Unexp Appt 10/06/09
Cathy Balestriere
General Manager
07/01/2013
Appt 06/16/09
Herman Stevens
Attorney
S/City Clerk/Board 12/CRA
COMMUNITY REDEVELOPMENT AGENCY
EXHIBIT A
William Branning Contractor/President Incumbent
Mark Denkler Business Owner/President
Joseph Ferrer President/Entertainment
Frank Frione Engineering-Chief Executive Officer
Jerome Sanzone Building Official
Sam Shannon Director of Community Development
Harold VanArnem Entrepreneur
Alan Weitz Banking (also applying for the Financial review Board)
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:May 29, 2012
SUBJECT:AGENDA ITEM 9.J. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL
ITEM BEFORE COMMISSION
This item is before the City Commission for appoint ments to the Neighborhood Advisory Council.
BACKGROUND
There are vacancies on the Neighborhood Advisory Co uncil due to the resignations of regular members
Ms. Theresa DiPerna (Zone 1), Mr. David Stein (Zone 5), Mr. Joseph Kamarata (Zone 6) and student
member Ms. Andrea Poveda. Ms. Shirl Fields (Zone 3) also resigned because she moved and was no
longer residing in her appointed zone. There will b e appointments made for three (3) regular members
to serve unexpired terms ending July 31, 2012, and one (1) regular member to serve an unexpired term
ending July 31, 2014. There are no student applican ts at this time.
Contingent upon approval of Ordinance 15-12, any individual appointed for an unexpired term for a
period of time less than six months shall be allowe d to serve the following full regular term without
reappointment because the unexpired term is for a p eriod of time less than six months.
The Neighborhood Advisory Council was established f or the purpose of maintaining broad-based
community involvement with the residents, creating neighborhood outreach initiatives, enhancing
communication, improving the aesthetics of the neig hborhoods and identifying any potential threats to
the stability of the neighborhoods.
The Council consists of fifteen (15) regular and tw o (2) student members. Twelve (12) members are
residents with two (2) selected from each of the si x neighborhood zones, and three (3) at large
representatives, who may be selected from a communi ty civic organization or business owner located
within a neighborhood zone interested in the enhanc ement of its surrounding neighborhoods. A map of
the appointment zones is included for your review.
The following individuals have submitted applicatio ns for consideration: (Applicants are listed by
zones; however, the applications are in alphabetica l order.)
(See Exhibit “A” Attached)
Based on the rotation system, the appointments will be made by Mayor McDuffie (Seat #5),
Commissioner Carney (Seat #1) and Commissioner Jacq uet (Seat #2) for three (3) regular members
from Zone 3, Zone 5 and Zone 6 to serve unexpired p lus three (3) year terms ending July 31,
2015. Commissioner Frankel (Seat #3) will appoint one (1) regular member from Zone 1 to serve an
unexpired term ending July 31, 2014.
RECOMMENDATION
Recommend appointment of three (3) regular members to the Neighborhood Advisory Council from
Zone 3, Zone 5 and Zone 6 to serve unexpired plus t hree (3) year terms ending July 31, 2015, and one
(1) regular member from Zone 1 to serve an unexpire d term ending July 31, 2014.
04/12 NEIGHBORHOOD ADVISORY COUNCIL
TERM EXPIRES DISTRICT NAME & ADDRESS
07/31/13
Unexp Appt 11/16/10
Zone 1 Susan Sims
07/31/14
Appt 09/06/11
Zone 2 Stephen Lampel
07/31/13
Unexp Appt 10/17/06
Reappt 10/16/07
Reappt 10/19/10
Zone 3 Linda Laurence Leib
07/31/13
Appt 10/19/10
Zone 4 Suzanne Donohue
07/31/14
Unexp 03/03/08
Reappt 10/07/08
Reappt 07/19/11
Zone 5 Gail-Lee McDermott
07/31/14
Unexp Appt 02/20/07
Reappt 10/07/08
Reappt 07/19/11
Zone 6 Linda Prior
07/31/14
Unexp Appt
Zone 1
Vacant
07/31/14
Unexp Appt 04/03/12
Zone 2 Colson Zulmar
07/31/15
Unexp Appt
Zone 3
Vacant
07/31/12
Unexp Appt 10/20/09
Zone 4 Isabel Make
07/31/15
Unexp Appt
Zone 5
Vacant
07/31/15
Unexp Appt
Zone 6
Vacant
07/31/14
Uenxp Appt 02/03/09
Reappt 07/19/11
At Large
Representative
William Milner, 2 nd Vice Chair
07/31/14
Appt 08/02/11
At Large
Representative
Lee Cohen
07/31/12
Appt 10/06/09
At Large
Representative
Margherita Downey
07/31/12
Student
Vacant
07/31/12
Student
Vacant
Board 12/Neighborhood Advisory Council
NEIGHBORHOOD ADVISORY COUNCIL
EXHIBIT A
Applicant Subdivision
Zone 1
Mark Behar Lees Crossing
Zone 3
Mary Minieka (currently serving on the Public Art Advisory Board) Linton Lakes
Wendy Smith Rabbit Hollow
Zone 5
Pearl Markfield Elrod Town of Delray
Dorothy Payne South Bay
Zone 6
Wyana Claxton (currently serving on the Police Advisory Board) Tropic Bay
Brenda Cullinan (currently serving on the Board of Adjustment) Tropic Bay
John Eaton Barr Terrace
Dennis Guy Tropic Isles
Adam Reback Tropic View
Nancy Richards Tropic Isle
Maureen Smith Tropic Isle
Patricia Westall Seaspray
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:May 30, 2012
SUBJECT:AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
ORDINANCE NO. 15 -12
ITEM BEFORE COMMISSION
This ordinance is before Commission for second read ing to Consider an amendment to Chapter 32,
“Departments, Boards and Commission”, of the Code of Ordinances by amending Section 32.09 ,
“Expiration of Terms; Commencement of Terms”, and S ection 32.10, “Vacancies”, to clarify that
certain appointments made to fill a vacancy, wher e there is less than six months of the current term
left, will also include the following regular term.
BACKGROUND
At the first reading on May 15, 2012, the Commissio n passed Ordinance No. 15-12.
RECOMMENDATION
Recommend approval of Ordinance No. 15-12 on second and final reading.
ORDINANCE NO. 15-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32,
“DEPARTMENTS, BOARDS AND COMMISSIONS”, OF THE CODE
OF ORDINANCES BY AMENDING SECTION 32.09, “EXPIRATION OF
TERMS; COMMENCEMENT OF TERMS” AND SECTION 32.10,
“VACANCIES”, TO CLARIFY THAT CERTAIN APPOINTMENTS
MADE TO FILL A VACANCY, WHERE THERE IS LESS THAN SIX
MONTHS OF THE CURRENT TERM LEFT, WILL ALSO APPLY TO
THE FOLLOWING REGULAR TERM, PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Delray Beach desires to modify its Code of Ordinances to provide that
when appointments are made to fill board vacancies, where the r emaining time left on the current term is
under 6 months, then the appointment will cover not only the remaining tim e left on the current term but it
shall also apply to the following regular term as well.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 . That Chapter 32, “Departments, Boards and Commissions”, of the Code of Ordinances
of the City of Delray Beach is amended by amending Section 32.09, “Expiration of Terms;
Commencement of Terms”, to read as follows:
Sec. 32.09. EXPIRATION OF TERMS; COMMENCEMENT OF TERMS.
(A) Expiration of Terms. All advisory board, Committee (regular and ad hoc), and task force
appointments shall expire as follows:
(1) Board of Adjustment, Site Plan Review and Appearance Board, P lanning and
Zoning, and Historic Preservation Board memberships shall expire at 12:00 midnight
on August 31. Except as set forth in Section 32.10.
(2) All other Board, Committee (regular or ad hoc) and task force m emberships shall
expire at 12:00 midnight on July 31, except for the Civil Service Bo ard, Code
Enforcement Board, Community Redevelopment Agency, Downtown Develop ment
Authority, Delray Beach Housing Authority, Police and Fire Pension B oard, and the
Public Employees Relations Commission which are governed by Fl orida Statutes or
Special Act. Except as set forth in Section 32.10.
(B) Commencement of Terms.
2
ORD. NO. 15-12
(1) All appointments to membership on Boards referred to in Section 32.09(a)(1) above
shall commence at 12:01 a.m. on September 1. Those referred to in Section
32.09(a)(2) shall commence at 12:01 a.m. on August 1.
Section 2 . That Chapter 32, “Departments, Boards and Commissions”, of the Code of Ordinances
of the City of Delray Beach is amended by amending Section 32.10, “Vacancies”, to re ad as follows:
Sec. 32.10. VACANCIES.
Where a vacancy is caused by the resignation or removal of a member prio r to the expiration of his
or her term, a member shall be appointed to complete the unexpired term only , unless the unexpired term is
for a period of time less than six months. In that event the appointed member shall the n be allowed to serve
the following full regular term without reappointment .
Section 3 . That should any section or provision of this ordinance or any portion t hereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder hereof as a whole or par t thereof other than the part declared to
be invalid.
Section 4 . That all ordinances or parts of ordinances in conflict herewith b e, and the same are
hereby repealed.
Section 5 . That this ordinance shall become effective immediately upon pa ssage on second and
final reading and shall also apply to all appointments made at t he Commission meeting where this was
heard during first reading.
PASSED AND ADOPTED in regular session on second and final readi ng on this the _____ day of
___________________, 2012.
______________________________________
ATTEST: M A Y O R
_______________________________
City Clerk
First Reading____________________
Second Reading__________________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:May 7, 2012
SUBJECT:AGENDA ITEM 12.A. - REGULAR COMMISSION M EETING OF MAY 15, 2012
ORDINANCE NO. 15 -12
ITEM BEFORE COMMISSION
The item before the City Commission is approval of Ordinance No. 15-12.
BACKGROUND
This Ordinance provides that appointments to fill board vacancies, where the vacancy is for an
unexpired term of six months or less, shall also result in the appointment of the person to the next
regular full term. This Ordinance, if adopted shall apply to all board appointments made at the May 15,
2012 Commission meeting and thereafter.
RECOMMENDATION
The City Attorney recommends approval of Ordinance No. 15-12.
Page 1of 1 Coversheet
5/30/2012 htt p ://a g endas.m y delra y beach.com/Bluesheet.as p x?ItemID=5595&Meetin g ID=377
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:May 30, 2012
SUBJECT:AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
ORDINANCE NO. 17 -12
ITEM BEFORE COMMISSION
This ordinance is before Commission for second read ing to consider approval of a privately-initiated
amendment to Land Development Regulations (LDR) Sec tion 4.4.11, “NC (Neighborhood Commercial)
District”, Subsection (F), “Development Standards”, Subsection (G), “Supplemental District
Regulations”, and Subsection (H), “Special Regulati ons”, to modify the regulations for properties
within the Wallace Drive Overlay District.
BACKGROUND
At the first reading on May 15, 2012, the Commissio n passed Ordinance No. 17-12.
RECOMMENDATION
Recommend approval of Ordinance No. 17-12 on second and final reading.
ORDINANCE NO. 17-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION 4.4.11, “NEIGHBORHOOD
COMMERCIAL (NC) DISTRICT”, SUBSECTION (F),
“DEVELOPMENT STANDARDS”, SUBSECTION (G),
“SUPPLEMENTAL DISTRICT REGULATIONS”, AND
SUBSECTION (H), “SPECIAL REGULATIONS’, TO MODIFY
THE REGULATIONS FOR PROPERTIES WITHIN THE
WALLACE DRIVE OVERLAY DISTRICT; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Plannin g and Zoning Board reviewed the
proposed text amendment at a public hearing held on Ap ril 16, 2012 and voted 4 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan ; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the goals, policies, and objectives of the C omprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 . That the recitations set forth above are incorporated here in.
Section 2. That Section 4.4.11, “Neighborhood Commercial (NC) District”, Subsection
(F), “Development Standards”, of the Land Development Regulations of the City of Delray Beach,
Florida, be and the same is hereby amended to read as follows:
(F) Development Standards: In addition to the developm ent standards set forth in
Section 4.3.4, the following shall apply:
(1) Maximum site area of two (2) acres
2 ORD. NO. 17-12
(2) Special Landscape Area: Within the first ten feet (10') of the front yard
setback area (abutting the property line) full landscap ing shall be provided. Driveways and sidewalks
shall be accommodated only when generally perpendicular to th e property line.
(3) Any Except in the Wallace Drive Overlay District, as de fined in Section
4.5.8(A), any free-standing structure which accommodates a princip al or conditional use shall have a
minimum floor area of 4,000 square feet.
(4) Wallace Drive Overlay District Development St andards: Within the Wallace
Drive Overlay District, as defined in Section 4.5.8(A ), the Development Standards depicted in the
Section 4.3.4(K) Development Standards Matrix, shall be the same as those of the MIC (Mixed
Industrial and Commercial) zoning district.
Section 3. That Section 4.4.11, “Neighborhood Commercial (NC) District”, Subsection
(G), “Supplemental District Regulations”, of the La nd Development Regulations of the City of
Delray Beach, Florida, be and the same is hereby amended to read as f ollows:
(G) Supplemental District Regulations: The In addition to the supplemental district
regulations as set forth in Article 4.6, the following shall apply.
(1) Within the Wallace Drive Overlay District, as defined in Section 4.5.8(A), the
maximum Floor Area Ratio (FAR) is 0.25.
Section 4. That Section 4.4.11, “Neighborhood Commercial (NC) District”, Subsection
(H), “Special Regulations”, of the Land Development Regulations of the City of Delray Beach,
Florida, be and the same is hereby amended to read as follows:
(H) Special Regulations:
(1) The Except in the Wallace Drive Overlay District, as de fined in Section
4.5.8(A), the maximum area devoted to a single tenant for office o r service uses shall not exceed
2,000 sq. ft. in floor area. Notwithstanding the ab ove, banks or similar financial institutions
excluding drive-through bank facilities, may not exce ed 6,000 sq. ft. The intent of these restrictions
is to maintain the center at the neighborhood scale.
(2) The Except in the Wallace Drive Overlay District, as de fined in Section
4.5.8(A), the maximum floor area which can be allocated to a sing le retail use, or groups of similar
(retail, office, services) principal uses, shall not excee d 10,000 square feet.
(3) Outdoor storage of any kind is prohibited, except as perm itted herein.
(4) 24-Hour or late night businesses as defined her ein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
3 ORD. NO. 17-12
Section 5. That should any section or provision of this ordinan ce or any portion thereof,
any paragraph, sentence, or word be declared by a cour t of competent jurisdiction to be invalid,
such decision shall not affect the validity of the re mainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 6. That all ordinances or parts of ordinances in confli ct herewith be, and the
same are hereby repealed.
Section 7 . That this ordinance shall become effective immediat ely upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
_____ day of ___________________, 2012.
____________________________________
ATTEST M A Y O R
_______________________________
City Clerk
First Reading__________________
Second Reading________________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Ronald Hoggard, AICP, Principal Planner
Paul Dorling, AICP, Director Planning and Zoning
THROUGH:City Manager
DATE:May 8, 2012
SUBJECT:AGENDA ITEM 12.B. - REGULAR COMMISSION M EETING OF MAY 15, 2012
ORDINANCE NO. 17 -12
ITEM BEFORE COMMISSION
Approval of a privately-initiated amendment to the Land Development Regulations (LDRs) that will
modify the development standards and other regulations in the Neighborhood Commercial (NC) District
for properties located within the Wallace Drive Overlay District.
BACKGROUND
The proposed amendment is to support development of a neighborhood commercial center at the
southeast corner of SW 10th Street and SW 10th Avenue. On April 17, 2012, the City Commission
approved a small-scale Comprehensive Plan amendment, rezoning to Neighborhood Commercial and
modification of the Wallace Drive Redevelopment Plan to support the project known as 10th & 10th
Center .
Under the proposed text amendment, the following changes are being made within the Neighborhood
Commercial Zoning District:
The development standards (lot size, setbacks, etc.) depicted in the Section 4.3.4(K) Development
Standards Matrix will be the same as those in the MIC (Mixed Industrial and Commercial)
district. The MIC development standards were already being applied on the subject property
under the previous LI (Light Industrial) zoni ng in the Wallace Driv e Overlay District.
The requirement for structures to have a minimum of 4,000 square feet is being eliminated within
the Wallace Drive Overlay District. This requireme nt was also eliminated within the previous LI
zoning district in the Wallace Drive Overlay District.
The maximum Floor Area Ratio (FAR) on the property is limited to 0.25 within the Wallace
Drive Overlay District. This restriction implements the corresponding small-scale comprehensive
plan amendment processed for the subject property.
The 2,000 square feet maximum floor area devoted to office or similar uses is being eliminated
within the Wallace Drive Overlay District. Since office uses are still appropriate in the area and
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would have been permitted under the previous Light Industrial zoning, this restriction is
unnecessary.
The 10,000 maximum floor area for a single retail or group of similar uses is being eliminated
within the Wallace Drive Overlay District. The property’s location within the Wallace Drive
Industrial Area supports the development of a struct ure larger than 10,000 square feet. It is noted,
however, that development of the subject property is still limited by the 0.25 maximum FAR
which will permit a maximum of 16,220 square feet.
Final action on this text amendment by the City Commission may not occur until after the small-scale
comprehensive plan amendment becomes effective, 31 days after its adoption (May 18, 2012), unless
the amendment is challenged. If the Comprehensive Plan Amendment is challenged within 30 days after
adoption, final reading on this text amendment will be delayed until the State Land Planning Agency or
the Administration Commission, respectively, issues a final order determining that the adopted
amendment is in compliance.
REVIEW BY OTHERS
The Planning and Zoning Board reviewed the item at its April 16, 2012 meeting. No one from the
public spoke on the amendment and the Board made a recommendation of approval on a 4-0 vote.
RECOMMENDATION
By motion, approve Ordinance No. 17-12 on first reading for a privately-initiated amendment to the
Land Development Regulations (LDRs) that w ill modify the development standards and other
regulations in the Neighborhood Commercial (NC) Dist rict for properties located within the Wallace
Drive Overlay District, by adopting the findings of f act and law contained in the staff report and finding
that the amendment is consistent with the Comprehe nsive Plan and meets criteria set forth in Section
2.4.5(M) of the Land Development Regulations.
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PLANNING AND ZONING BOARD
STAFF REPORT
MEETING DATE: APRIL 16, 2012
AGENDA NO: V.A
AGENDA ITEM: CONSIDERATION OF A PRIVATELY -INITIATED AMENDMENT TO LAND
DEVELOPMENT REGULATIONS SECTION 4.4.11, “NC
(NEIGHBORHOOD COMMERCIAL) DISTRICT”, SUBSECTI ON 4.4.11(F),
“DEVELOPMENT STANDARDS”, SUBSECTION 4.4.11(G),
“SUPPLEMENTAL DISTRICT REGULATIONS”, AND SUBSECTION
4.4.11(H), “SPECIAL REGULATIONS”, TO MODIFY THE REGULATIONS
FOR PROPERTIES WITHIN THE WALLACE DRIVE OVERLAY DISTRICT .
ITEM BEFORE THE BOARD
T he item before the Board is to make a recommendation to the City Commission regarding a
privately -initiated amendment to Land Development Regulations (LDRs) that will modify the
development standards and other regulations in the Neighborhood Commercial (NC ) District for
properties located with in the Wallace Drive Overlay District .
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
BACKG ROUND/ANALYSIS
The Wallace Drive Redevelopment Plan, approved in 2004, called for the area between Wallace
Drive and SW 9th Avenue to be rezoned from R -1 -A (Single Family Residential) to LI (Light
Industrial). There are 36 parcels in this area with an ave rage size of 10,307 square feet. Given its
location, the (LI) Light Industrial zoning district was chosen as the most appropriate designation for
the area in terms of permitted uses. This district allows uses compatible with those on the adjacent
MIC (Mixe d Industrial & Commercial) zoned properties to the west and serves as a transition zone
between the more intense MIC zone and adjacent residential development to the east.
Although the Redevelopment Plan encourages the aggregation of parcels, accommodati ons were
necessary to allow development on smaller parcels where aggregation would not be possible. Of
the 36 parcels rezoned to LI (Light Industrial), only 3 parcels meet the minimum lot size
requirement of 20,000 square feet and only 6 meet the 100’ fron tage requirement. To address this
issue, t he Redevelopment Plan called for the creation of t he Wallace Drive Overlay District with
modified development standards to reduce the minimum development area, lot size, lot dimensions
and tenant space requirements . These modifications were a dopted by the City Commission on
February 3, 2004.
The proposed amendment is to support development of a neighborhood commercial center at the
southeast corner of SW 10 th Street and SW 10 th Avenue. The applicant is currently pr ocessing a
small -scale Comprehensive Plan amendment , rezoning to Neighborhood Commercial and
modification of the Wallace Drive Redevelopment Plan to support the project, known as 10 th & 10 th
Center . The Planning and Zoning Board unanimously recommended app roval of th ose actions at
its meeting of March 19, 2012.
Planning and Zoning Board Meeting, April 16, 2012
LDR Text Amendment - Neighborhood Commercial District in Wallace Drive O verlay District
2
Under the proposed text amendment, the following changes are being made within the
Neighborhood Commercial Zoning District :
The d evelopment s tandards (lot size, setbacks, etc.) depicted in the Secti on 4.3.4(K)
Development Standards Matrix will be the same as those in the MIC (Mixed Industrial and
Commercial) district. The MIC development standards are already being appl ied on the
subject property within the LI (Light Industrial) zoning district in th e Wallace Drive Overlay
District.
The requirement for structures to have a minimum of 4,000 square feet is being eliminated
within the Wallace Drive Overlay District . This requirement was also eliminated within the
existing LI zoning district in the Walla ce Drive Overlay District.
T he maximum Floor Area Ratio (FAR) on the property is limited to 0.25 within the Wallace
Drive Overlay District . This restriction implement s the corresponding small -scale
comprehensive plan amendment processed for the subject pr operty .
The 2,000 square feet maximum floor area devoted to office or similar uses is being
eliminated within the Wallace Drive Overlay District . S ince office uses are still appropriate in
the area and would have been permitted under the existing Light In dustrial zoning , this
restriction is unnecessary.
The 10,000 maximum floor area for a single retail or group of similar uses is being
eliminated within the Wallace Drive Overlay District . The property’s location within the
Wallace Drive Industrial Area su pports the development of a structure larger than 10,000
square feet. It is noted, h owever, that development of the subject property is still limited by
the 0.25 maximum FAR which will permit a maximum of 16,220 square feet.
To accommodate the applicant’s desire to expedite the process , the proposed text amendment is
coming before the Planning and Zoning Board prior to final action by the City Commission on the
proposed small -scale comprehensive plan amendment and rezoning , which is scheduled for April
17 , 2012 . Final action on this text amendment by the City Commission will not occur until after the
31 day mandatory appeal period for the comprehensive plan amendment. If the rezoning of the
subject property from LI (Light Industrial) to NC (Neighborhood Co mmercial) is ultimately denied by
the City Commission, this text amendment will be withdrawn.
REQUIRED FINDINGS
Comprehensive Plan Conformance
LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan. While there were no specific sections of the Comprehensive Plan to support
the proposed amendment, it is not inconsistent with the Comprehensive Plan. Therefore, a positive
finding can be made with respect to LDR Section 2.4.5(M)(5).
REVIEW BY OTHERS
Courtesy Notices
Courtesy notices were provided to the following homeowner and civic associations:
Neighborhood Advisory Council
Planning and Zoning Board Meeting, April 16, 2012
LDR Text Amendment - Neighborhood Commercial District in Wallace Drive O verlay District
3
Delray Citizens’ Coalition)
Delray Beach Heights
Southridge
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting.
ASSESSMENT AND CONCLUSION
The proposed ordinance will modify the regulations in the NC zoning district for properties within
th e Wallace Drive Overlay District. Although st aff does not support the proposed Neighborhood
Commercial Zoning on the subject property , based on a loss of light Industrial zoning in the City ,
that is a separate issue . G iven the Planning and Zoning Board’s recom mendation of approval for
the rezoning, it is appropriate for the Board to recommend approval of this text amendment to
support the rezoning. While the amendment does not specifically further the Goals, Objectives, and
Policies of the Comprehensive Plan, a nd is not inconsistent with them. Therefore, a positive finding
can be made with respect to LDR Section 2.4.5(M)(5).
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of an amendment to Land
Develop ment Regulations Section 4.4.11, “NC (Neighborhood Commercial) District”,
Subsection 4.4.11(F), “Development Standards”, Subsection 4.4.11(G), “Supplemental District
Regulations”, and Subsection 4.4.11(H), “Special Regulations”, to modify the regulations f or
properties within the Wallace Drive Overlay District , by adopting the findings of fact and law
contained in the staff report, and finding that the text amendment and approval thereof is
consistent with the Comprehensive Plan and meets the criteria set f orth in LDR Section
2.4.5(M).
C. Move a recommendation of denial to the City Commission of an amendment to Land
Development Regulations Section 4.4.11, “NC (Neighborhood Commercial) District”,
Subsection 4.4.11(F), “Development Standards”, Subsection 4.4.11(G), “Supplemental District
Regulations”, and Subsection 4.4.11(H), “Special Regulations”, to modify the regulations for
properties within the Wallace Drive Overlay District , by adopting the findings of fact and law
contained in the staff report, and fin ding that the text amendment and approval thereof is
inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR
Section 2.4.5(M) (motion to be made in the affirmative).
RECOMMENDED ACTION
Move a recommendation of approval to the City Commission of an amendment to Land
Development Regulations Section 4.4.11, “NC (Neighborhood Commercial) District”, Subsection
4.4.11(F), “Development Standards”, Subsection 4.4.11(G), “Supplemental District Regulations”,
and Subsection 4.4.11(H), “Special Regulations”, to modify the regulations for properties within the
Wallace Drive Overlay District, by adopting the findings of fact and law contained in the staff report,
and finding that the text amendment and approval thereof is consistent with the Comprehensive
Plan and meets the criteria set forth in LDR Section 2.4.5(M).
Attachment:
Proposed Text Amendments
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:May 29, 2012
SUBJECT:AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
ORDINANCE NO. 16 -12
ITEM BEFORE COMMISSION
The item before the City Commission is Ordinance No . 16-12 which provides for modifications to the
Police/Fire Pension Ordinance.
BACKGROUND
The City of Delray Beach Police and Fire Pension Bo ard requested certain changes to our City
ordinance regarding the police/fire pension plan in order to implement certain provisions of state law ,
the Internal Revenue Code and the decision in the c ase of the Department of Management Services v.
City of Delray Beach. The Pension Board has also pr oposed changes that are not required by state or
federal law but would require a policy determinatio n by the Commission. Jim Linn, the City’s pension
attorney, has also reviewed the proposed ordinance, see attached memo.
I have highlighted the areas where staff has a ques tion or concern regarding the proposed
language. They are:
33.60 – the highlighted words in the definition of “Earnings” was proposed by Jim Linn in an effort to
clarify the language.
33.61 – It is suggested that paragraph 3(b) be removed as t he Civil Service Board does not have
jurisdiction over these employees.
33.65 – The pension board requested changes to allow the fi re/police chief or their designees to sit on
the board and to extend the terms of board members from 2 to 4 years. This request is not required by
State law or the IRS.
33.73 – The pension board requested this section b e added regarding the termination of the plan. Staf f’s
concern is that this primarily duplicates State law and that we should just provide a statement that w e
will follow State law as it relates to the terminat ion of the plan.
The Commission will need to give direction when app roving the ordinance on first reading regarding
the highlighted language.
RECOMMENDATION
Commission discretion.
ORDINANCE NO. 16-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER
33 "POLICE AND FIRE-RESCUE DEPARTMENTS",
SECTION 33.60, "DEFINITIONS"; SECTION 33.61,
"MEMBERSHIP CONDITIONS OF ELIGIBILITY;
APPLICATION"; SECTION 33.62, "BENEFIT AMOUNTS AND
ELIGIBILITY"; SECTION 33.63, "OPTIONAL FORMS OF
BENEFITS"; SECTION 33.64, "CONTRIBUTIONS"; SECTION
33.65, "ADMINISTRATION"; SECTION 33.66, "FINANCES
AND FUND MANAGEMENT"; SECTION 33.689,
"RETIREMENT BENEFIT ENHANCEMENT";
SECTION 33.70, “DIRECT TRANSFERS OF
ELIGIBLE ROLLOVER DISTRIBUTIONS”; AND
CREATING SECTION 33.73, "TERMINATION OF THE
SYSTEM", TO IMPLEMENT AND COMPLY WITH
CHAPTER 2009-97, LAWS OF FLORIDA; CHAPTER 2011-
216; AND THE INTERNAL REVENUE CODE; AND TO
COMPLY WITH A COURT DECISION; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to amend the City Polic e And
Firefighters Retirement System as set forth in Chap ter 33 of the City Code to implement certain
provisions of Chapter 2009-97, Laws of Florida; Chapter 2011-216, Laws of Florida; the Internal
Revenue Code; and the decision of the court in State of Florida Dept. Mgt. Svs. v. City of
Delray Beach, Florida, 40 So. 3d 835 (Fla. 1 st DCA 2010).
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY O F DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 33, “Police and Fire-Rescue Departments”, Secti on 33.60
“Definitions”, of the Code of Ordinances of the City of Delray Beach is hereby amended to read
as follows:
Sec. 33.60. - DEFINITIONS.
For the purpose of this subchapter, the following de finitions shall apply unless
the context clearly indicates or requires a different meaning.
2
Ord No. 16-12
Average monthly earnings. One thirty-sixth of the arithmetical average for th e
highest consecutive thirty-six-month period precedi ng the actual retirement or
termination of a member; provided, however, the benef it derived shall not be less than the
benefit that would have been paid based on a defini tion of average monthly earnings of one
twenty-fourth of the arithmetical average for the highest consec utive twenty-four-month
period, as calculated prior to the effective date of Ordinance No. 17-04.
In addition to other applicable limitations set for th in the plan, and
notwithstanding any other provisions of the plan to the contrary, for the plan years
beginning on or after January 1, 1996, the annual c ompensation of each Member taken into
account under the plan shall not exceed the annual compensation limit of Section
401(a)(17)(B) of the Internal Revenue Code, as amen ded for cost of living increases,
which is incorporated herein by reference.
Earnings. Prior to October 1, 2006, earnings shall me an base Basic wages
paid to a member, including state education compensation , police basic education and
police and fire career education compensation, but excluding overtim e, bonuses and any
other payments. Effective October 1, 2006, earnings for firefight er members shall mean
base wages paid to the member including state education compe nsation and fire career
education compensation, but excluding overtime, bonu ses and any other payments.
Effective October 1, 2006, earnings for police officer members, earnings shall mean base
wages paid to the member including state education compensation, police basic
education, police career education compensation and up to twenty-five (25) hours of
overtime compensation per fiscal year, but excluding bonuses and any othe r payments.
Section 2. That Chapter 33, “Police and Fire-Rescue Departments”, Sec tion 33.61,
“Membership, Conditions of Eligibility; Application”, of the Code of Ordinances of the City of
Delray Beach is hereby amended to read as follows:
Sec. 33.61. MEMBERSHIP; CONDITIONS OF ELIGIBILITY; APPLICATION.
(A) Conditions of eligibility.
(1) Employees, as defined in Section 33.60, who are covered under the retirement
program provided under F.S. Chapters 175 and 185, as of the effective date, shall
become members of this system.
3
Ord No. 16-12
(2) Any employee who is a member of the City's retiremen t plan for general
employees at the time of adoption of this retiremen t system may become a
member of this system provided he elects to transfer his employee contribution
account from the retirement plan for general employees to this system, which he is
authorized to do by this subchapter, and provided he also deposits to the Trust
Fund, on the basis of procedures established by the Board of Trustees, an amount
equal to the additional moneys he would have contributed had he always be en
covered under F.S. Chapters 175 and 185, plus interest in an amount to be
determined by the Board.
(3) Any other employee shall, as a condition of employment, become a member upon
employment, provided that:
(a) The employee satisfactorily completes all required medi cal
examinations fo r an employee of his classification, including any examin ation
prescribed by the Board; and
(b) T t he employee meets all requirements of the Civil Service
Board of the City. However, for purposes of disability benefits hereunder, the
Board may declare anyone becoming a member under subs ection (A)(3) of
this Section to be permanently ineligible, but only at the time of
initial membership, and only in the event that any m edical examination
under subsection (A)(3)(a) of this Section reveals a condition or symptom which
has previously been determined by the Board to render members not eligible for
disability. A determination by the Board as to disqualifyi ng conditions and
symptoms must be reflected in prior Board minutes, and a declaration of a
member's ineligibility must be recorded in the Board 's minutes and noted on
the member's application form.
(B) Application. Each eligible employee shall complete an applicatio n form
covering the following points, as well as any other points or items as ma y be prescribed by the
Board.
(1) The employee's acceptance of the terms and conditio ns of the retirement
system, including an initialing of any declaration of ineligibility for disability
benefits;
(2) The employee's designation of a beneficiary; and
(3) Authorization of a seven and thirt y three hundredths (7.33) percent payroll
4
Ord No. 16-12
deduction payable to the system, effective October 1, 1989 in the amount provided
for in Section 33.64 (A).
(C) Change in Designation of Beneficiary.
(1 ) A member, including a member who has elected to p articipate in the
Deferred Retirement Option Plan pursuant to Section 33.685, shall designate the joint
pensioner annuitant or beneficiary to receive the benefit, if any, pay able under the plan
in the event of the member's death, on a form provi ded by the Board of Trustees.
(2) The member may revoke or change the designation of a joint pensioner
annuitant or beneficiary at any time prior to the commenceme nt of retirement income
or benefits, or prior to the member's entry into th e Deferred Retirement Option Plan ,
by submitting such change in writing on a form provi ded by the Board of Trustees.
(3) A retired member, including a retired member who retired prior to the
effective date of this ordinance [December 31, 1999 ], is a participant in the Deferred
Retirement Option Plan may also change the designation of the member's a joint
pensioner annuitant or beneficiary after the commencement of retirement income or
benefits up to two times without the approval of the Board of T rustees. Any additional
changes must be approved by the Board of Trustees. A retiree need not provide proof
of the good health of the joint annuitant or benefici ary being removed, and the joint
annuitant or beneficiary being removed need not be living. The conse nt of the retiree's joint
annuitant or beneficiary to any change in such designatio n shall not be required. subject to
approval by the Board of Trustees, and in accordanc e with the following: (1) The
member must pay the full cost of determining the equivalent a ctuarial value of the benefit
payable. (2) The consent of a member’s joint pensi oner or beneficiary to any such
change in such designation shall not be required. (3) The amount of retirement income
payable to the member upon the designation of a new joint pensioner annuitant shall be
actuarially redetermined, taking into account the benef its already received by the member,
and the age and sex of the former joint pensioner , annuitant the new joint pensioner
annuitant and the member. (4) Each designation of a joint pensioner annuitant or
beneficiary shall be made in writing on a form provided by the Board of Trustees. (5) Upon
a change in designation of joint pensioner annuitant or beneficiary, the rights of all
previously designated joint pensioner annuitants or beneficiaries to receive any benefit
under the system shall cease.
5
Ord No. 16-12
Section 3. That Chapter 33, “Police and Fire-Rescue Departments”, Sec tion 33.62,
“Benefit Amounts and Eligibility”, of the Code of Ordinances of t he City of Delray Beach is
hereby amended to read as follows:
* * * *
(J) Required Payment of Pension Benefits. Pension benefits shall begin no later than
April 1 of the calendar year following the calendar year in which the m ember retires, or in
which the member attains age seventy and one-half (70 1/2), even if the member has not filed a
claim for pension benefits. In addition, payment of b enefits shall be made in accordance with the
applicable provisions of Section 401(a)(9) of the Internal Revenue Code, which i s incorporated
herein by reference. Notwithstanding any other provision of this plan to the c ontrary, a form of
retirement income payable from this plan, shall satisfy the following c onditions:
(1) If the retirement income is payable before the member's death:
a. It shall either be distributed or commence to the m ember not later than
April 1 of the calendar year following the later of the calenda r year in which the
member attains age 70 1/2, or the calendar year in which the member retires ;
b. The distribution shall commence not later than the calendar year defined
above; and (i) shall be paid over the life of the m ember or over the lifetimes of the
member and spouse, issue or dependent, or (ii) shal l be paid over the period
extending not beyond the life expectancy of the mem ber and spouse, issue or
dependent.
Where a form of retirement income payment has commenced in accordance wi th
the preceding paragraphs and the member dies before his entire interest in the
plan has been distributed, the remaining portion of such interest in the plan shall be
distributed no less rapidly than under the form of distributi on in effect at the
time of the member's death.
(2) If the member's death occurs before the distribution of his interest in the
plan has commenced, member's entire interest in the plan shall be distributed within five
years of member's death, unless it is to be distributed in acc ordance with the following
rules:
a. The member's remaining interest in the plan is pay able to his spouse,
issue or dependent;
b. The remaining interest is to be distributed over t he life of the spouse,
6
Ord No. 16-12
issue or dependent or over a period not extending b eyond the life
expectancy of the spouse, issue or dependent; and
c. Such distribution begins within one year of the mem ber's death unless
the member's spouse, is the sole designated benefic iary, in which case the
distribution need not begin before the date on whic h the member would
have attained age 70 1/2 and if the member's spouse dies before the distribution to
the spouse begins, this section shall be applied as if the spouse were the member.
Section 4. That Chapter 33, “Police and Fire-Rescue Departments”, Sec tion 33.63,
“Optional Forms of Benefits”, of the Code of Ordinances of the City of Delray Beach is hereby
amended to read as follows:
Sec. 33.63. OPTIONAL FORMS OF BENEFITS.
Each member entitled to a normal, early or disabilit y retirement benefit shall have the
right at any time prior to his actual retirement to elect to have his benefit payable under any one
of the options hereinafter set forth in lieu of the benefits otherwise provided herein, and to
revoke any elections and make a new election at any time prior to actual retirement. The value of
optional benefits shall be actuarially equivalent to the value of benefits otherwise payable. The
member shall make an election by written request to the Bo ard of Trustees, this request being
retained in the Board's files.
(A) Option 1. Joint and Last Survivor Option. A retiring member may elect to receive an
actuarially adjusted retirement benefit during his lifetim e and have such retirement benefit
(including seventy-five (75) percent, sixty-six and s ixty-six one hundredths (66.66) percent or
fifty (50) percent thereof) continued after his dea th to and during the lifetime of a designated
joint annuitant pensioner . The election of Option 1 shall be null and void if the designated joint
annuitant pensioner dies before the member's retirement, unless the member des ignates another
joint annuitant pensioner in accordance with Subsection 33.61(C). In addition, the member may
elect to add a "pop-up" feature to his joint and survivor opti on, then, upon the death of his joint
annuitant pensioner , the amount of his monthly payment will be increased to the amount of a
straight life annuity and such amount will be payable as of the first day of each month after the
death of his joint annuitant pensioner for the remainder of his lifetime. A member electing to
add the pop-up feature to his joint and survivor opti on will have his monthly benefit under
this Option 1 actuarially reduced to take into account the addition of the pop-u p feature.
7
Ord No. 16-12
Section 5. That Chapter 33, “Police and Fire-Rescue Dep artments”, Section 33.64,
“Contributions”, of the Code of Ordinances of the City of Delray Beach is hereby amended to read as
follows:
Sec. 33.64.
CONTRIBUTIONS. (A)
Member Contributions.
(2) Effective October 1, 1989, the City shall pick u p the member contribution
required by subsection (A)(1) above. The contributi ons so picked up shall be treated as employer
contributions in determining tax treatment under th e United States Internal Revenue Code. The
City shall pick up the member contributions from fu nds established and available in the salaries
account, which funds would have otherwise been desi gnated as member contributions and paid to
the pension fund. Member contributions picked up by the City pursuant to this subdivision
shall be treated for purposes of making a refund of m ember contributions, and for all other
purposes of this and other laws, in the same manner and to the same extent as member
contributions made prior to the effective date of t his subdivision. The intent of this subdivision is
to comply with Section 414(h)(2) of the Internal Re venue Code. No employee shall have the
option of choosing to receive the contributed amou nts directly instead of having them paid by
the City to the System.
Section 6 . That Chapter 33, “Police and Fire-Rescue De partments”, Section 33.65, “Administration”
of the Code of Ordinances of the City of Del ray Beach is hereby amended to read as follo ws:
Sec. 33.65. ADMINISTRATION.
(A) The general administration and responsibility for the proper operation of the retirement
system and for making effective the provisions of t his subchapter are vested in a Board of Trustees
consisting of nine (9) persons as follows:
(1) The Mayor; or upon the Mayor's designation, the Ass istant City Manager;
8
Ord No. 16-12
(2) Two (2) public members, one of whom may be a City Commissioner, to be
appointed by the City Commission as hereinafter pro vided;
(3) The Fire Chief or, in the event of the Fire Chief’s termination of participation in the
system, a firefighter designated by the Fire Chief;
(4) The Police Chief or, in the event of the Police Chi ef’s termination of participation in the
system, a police officer designated by the Police Chief;
(5) Two (2) members of the Fire Department to be electe d as hereinafter provided;
(6) Two (2) members of the Police Department to be elec ted as hereinafter provided.
(B) The term of office of each appointed and electe d trustee shall be two (2) years except that
the initial terms within each category above shall be for two (2) and three (3) years. The initial
terms shall commence on the effective date of this system. Initially in each elective category, the
trustee receiving the most votes shall serve a thre e-year term, the second most votes a two-year term.
Beginning with the next election or appointment of trustees which occurs on or
after [insert the effective date of this Ordinance here], the term of office
for each trustee appointed and elected after [insert effective date of this
Ordinance here] shall be four (4) years.
Section 7 . That Chapter 33, “Police and Fire-Rescue De partments”, Section 33.66, “Finances and
Fund Management” of the Code of Ordinances of the City of Delray Beach is hereby amended to read
as follows:
Sec. 33.66. FINANCES AND FUND MANAGEMENT.
(E) The Board of Trustees shall have the following investment powers and authority:
(3) Notwithstanding any limitation provided in Chapt er 175 or Chapter 185, Florida
Statutes, or any limitation or condition contained in Section 215.47, Florida Statutes, the
Board of Trustees may invest and reinvest pension f und assets in such securities, investment
vehicles and property wherever situated and of what ever kind, as the Board shall
approve in the exercise of its fiduciary duty and a uthority, including but not limited to
9
Ord No. 16-12
common or preferred stocks, bonds and other evidences of indeb tedness or ownership.
In no event, however, shall more than ten (10) percent of the assets of the fund, at cost, be
invested in foreign securities; provided, if state law is amended to allow investments in
foreign securities of fifteen (15) or more percent of fund assets, t T he Board may invest up
to twenty-five (25) fifteen (15) percent of fund assets, at cost on a market-value basis in
foreign securities.
Section 8 . That Chapter 33, “Police and Fire-Rescue De partments”, Section 33.689, “Retirement
Benefit Enhancement” of the Code of Ordinances of the City of Delray Beach is hereby amend ed to read
as follows:
Sec. 33.689. - RETIREMENT BENEFIT ENHANCEMENT.
(A.) Effective October 1, 1994, the benefits paid to eligible re tirees or their
beneficiaries shall be adjusted as provided in this Section. For the purpose of this Section,
"eligible retirees" are members who retired or term inated employment after September 30,
1993, and whose date of hire as a City Police Officer or Firef ighter was twenty-five (25) or
more years prior to the benefit adjustment date. Th e benefits payable under the system to
all eligible retirees or their beneficiaries shall be based on the amount of insurance premium tax
revenues received by the City for the preceding pla n year pursuant to chapters 175 and
185, Florida Statutes. A minimum benefit increase o f one percent per year will be provided,
regardless of the amount of premium tax revenues received by the City.
(B.) Firefighter retirees. To the extent total annual premium tax revenues received
pursuant to Chapter 175, Florida Statutes, exceed one hundred ninety seven thousand nine
hundred ninety-five dollars ($197,995.00) five hundred four thousand nine hundred twenty two
dollars ($504,922.00), the annual one percent minimum adjustment for fir efighter retirees will
be increased in increments of one-tenth of one percent, bas ed on the actuary's determination
that the amount of the excess premium tax revenues is sufficient to fund the benefit increase
on an actuarially sound basis. The maximum amount of the t otal annual benefit increase shall
not exceed four (4) percent, regardless of the amount of pre mium tax revenues received by
the City. The annual benefit adjustment provided un der this Section shall be compounded
annually (i.e. the increase shall be based on the b enefits received by plan members and
beneficiaries at the end of the preceding plan year). The benefits payable under the system
to all eligible retirees or their beneficiaries shal l be adjusted annually on the anniversary of
the retiree’s first benefit payment. Disability retirees and their beneficiaries are not eligible
to receive the retirement benefit enhancement.
(C.) Police officer retirees. To the extent annual premium tax
revenues received pursuant to Chapter 185, Florida Statutes, exceed three hundred six
thousand nine hundred twenty-seven dollars ($306,927.00) and are less than four hundred
10
Ord No. 16-12
forty-six thousand four hundred and seven dollars ($446,407.00), the annual one percent
minimum adjustment for police officer retirees will be inc reased in increments of one-tenth of
one percent, based on the actuary's determination that the am ount of such premium tax
revenues is sufficient to fund the benefit increase on an actuarially sound basis. The
maximum amount of the total annual benefit increase shall not exceed four (4) percent,
regardless of the amount of premium tax revenues received b y the City. Annual premium tax
revenues received pursuant to Chapter 185, Florida Statutes , in excess of four hundred forty-
six thousand four hundred and seven dollars ($446,407.00) shall be use d to provide for the
inclusion of overtime compensation, up to a maximum of thre e hundred hours per year, that
the actuary for the plan determines may be funded on an ac tuarially sound basis entirely
with annual Chapter 185 premium tax revenues in excess of f our hundred forty-six thousand
four hundred and seven dollars ($446,407.00). When the actuary for the plan determines that
adequate premium tax revenues received pursuant to Chapt er 185 in excess of four hundred
forty-six thousand four hundred and seven dollars ($446,407.00) annually have been
allocated to fully fund on an actuarially sound basis the incl usion of three hundred hours of
overtime compensation annually in the earnings of active poli ce officers who are not
participating in the Deferred Retirement Option Plan, then all future additional premium tax
revenues shall be used to provide the annual benefit adjust ment for police officer retirees.
(D) The annual benefit adjustment provided under th is Section shall be compounded annually (i.e.
the increase shall be based on the benefits receiv ed by plan members and beneficiaries at the end of the
preceding plan year). The benefits payable under th e system to all eligible retirees or their benefici aries shall
be adjusted annually on the anniversary of the reti ree's first benefit payment. Disability retirees an d their
beneficiaries are not eligible to receive the reti rement benefit enhancement.
Section 9 . That Chapter 33, “Police and Fire-Rescue De partments”, Section 33.70, “Direct
Transfers of Eligible Rollover Distributions” of t he Code of Ordinances of the City of Delray Beach is
hereby amended to read as follows:
Sec. 33.70. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER D ISTRIBUTIONS.
(B) Definitions.
(1) Eligible Rollover Distribution. Any distribution of all or an y portion of the
balance to the credit of the distributee, except that a n eligible rollover distribution does not
include: any distribution that is one of a series of subst antially equal periodic payments
(not less frequently than annually) made for life (or li fe expectancy) of the distributee
or the joint lives (or joint life expectancies) of the dist ributee and the distributee's designated
beneficiary, or for a specified period often (10) ye ars or more; any distribution to the
11
Ord No. 16-12
extent such distribution is required under Section 401(a)(9) of the Internal Revenue
Code; and the portion of any distribution that is not includable in gross income.
(2) Eligible Retirement Plan. An eligible retirement pl an is an individual
retirement account described in Section 408(a) of t he Internal Revenue Code, an individual
retirement annuity described in Section 408(b) of the Internal Revenue C ode, an annuity
plan described in Section 403 (a) of the Internal Revenue Code, a quali fied trust
described in Section 401 (a) of the Internal Revenue Code, an eligible deferred
compensation plan described in Section 457(b) of th e Internal Revenue Code which is
maintained by an eligible employer described in Sectio n 457(e)(1)(A) of the Internal
Revenue Code, or an annuity contract described in Section 403 (b) of the Internal Revenue
Code, that accepts the distributee's eligible rollover distr ibution.
(3) Distribute. A distributee includes an employee or former em ployee. In
addition, the employee's or former employee's surviving spouse is a distributee with
regard to the interest of the spouse. Effective as o f January 1, 2008, an Employee's or former
Employee's non-spouse Beneficiary is a distributee with regard to the interest of the
Employee or former Employee.
(4) Direct Rollover. A direct rollover is a payment by the pla n to the eligible
retirement plan specified by the distributee. Effec tive as of January 1, 2008, a non-spouse
Beneficiary may make a direct rollover only to an "inherited" individual retirement account as
described in Section 408(b) of the Internal Revenue Code.
Section 10 . That Chapter 33, “Police and Fire-Rescue De partments”, Section 33.73, “Termination
of the System” of the Code of Ordinances of th e City of Delray Beach is hereby enacted to read as
follows:
Sec. 33.73. TERMINATION OF THE SYSTEM.
(A) It is the intent of the City of Delray Beach tha t this Retirement System be
permanent and remain in effect for an indefinite pe riod. If the City, by ordinance of the City
Commission, terminates the System or provides writt en notice to the Board of Trustees that
contributions to the System are being permanently d iscontinued, the rights of all members to benefits
accrued to the date of such termination and the amo unts credited to the members' accounts are
deemed to be 100% vested and non-forfeitable. There after, the Fund shall be distributed in
accordance with the following procedures:
(1) The Board of Trustees shall determine the date of the distribution and the asset
value required to fund all nonforfeitable benefits, after taking into account the
12
Ord No. 16-12
expenses of the distribution. The Board of Trustees shall inf orm the City if
additional assets are required, in which event the City shall continue to financially
support the system until all nonforfeitable benefit s have been funded.
(2) The Board of Trustees shall determine the metho d of distribution of the asset
value, whether distribution shall be by payment in cash, by the maintenance of
another or substituted trust fund, by the purchase of insured annuities, or otherwise, for
each member entitled to benefits under the System, as specified in subsection (3)
below.
(3) The Board of Trustees shall distribute the asset value as of the date of
termination in the manner set forth in this subsect ion, on the basis that the amount required
to provide any given retirement income is the actuariall y computed single-sum value of
such retirement income, except that if the method o f distribution determined under
subsection (2) involves the purchase of an insured annuity, the amount required to
provide the given retirement income is the single p remium payable for such annuity.
The actuarial single-sum value may not be less than the member's accumulated
contributions to the System, with interest if provided by the system, less the value of any
System benefits previously paid to the member.
(4) If there is asset value remaining after the ful l distribution specified in
subsection (3), and after payment of any expenses in curred with such
distribution such excess shall be returned to the C ity, less return to the state of
the state's contributions, provided that, if the excess is less than the total
contributions made by the City and the state to date of t ermination of the System,
such excess shall be divided proportionately to the total contri butions made by
the City and the state.
(5) The Board of Trustees shall distribute, in acco rdance with the manner
of distribution determined under subsection (2), th e amounts determined
under subsection (3).
(6) If, after 24 months after the date on which the System term inated, or the
date the Board of Trustees received written notice that the contributions
thereunder were being permanently discontinued, the City o r the Board of
Trustees has not complied with all the provisions in t his section, the
Florida Department of Management Services shall effect the termination of the
System in accordance with this section.
(B) No benefit provided hereunder shall be assignable or subject part of the corpus or
13
Ord No. 16-12
income of the fund to be used for, or diverted to, purposes other than for the
exclusive benefit of members and their beneficiaries and until those liabilities are
satisfied, all contributions will remain in the fun d for the benefit of the members or
beneficiaries in the event the fund is terminated.
If it is determined by the City Commission that thi s Retirement System be terminated it shall be
terminated in accordance with State law as set fort h in Chapters 175 and 185, as those Chapters
now exist and as they may be amended in the future.
Section 11 . That should any section or provision of this ordinance or any portion t hereof,
any paragraph, sentence, or word be declared by a court of compe tent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 12 . That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 13 . That this ordinance shall become effective immediately upon passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
_____ day of ___________________, 2012.
_________________________________
Mayor
ATTEST:
_______________________________
City Clerk
First Reading __________________
Second Reading ________________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:CANDI N. JEFFERSON, SENIOR PLANNER
PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING
THROUGH:CITY MANAGER
DATE:May 25, 2012
SUBJECT:AGENDA ITEM 12.B. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
ORDINANCE NO. 18 -12
ITEM BEFORE COMMISSION
The item before the City Commission is consideratio n of a rezoning from RM (Multiple Family
Residential) to CF (Community Facilities) for the N eighborhood Resource Center Expansion located at
133 SW 12 th Avenue.
BACKGROUND
The action requested of the City Commission is appr oval of a zoning change from RM (Medium
Density Residential) to CF (Community Facilities) f or Lots 9 & 10, Block 6 Atlantic Gardens Delray
Subdivision to accommodate the Neighborhood Resourc e Center Expansion.
The subject property consists of approximately 13,9 39 square feet. The property previously contained a
2,514 sq. ft. multiple family dwelling which was bu ilt in 1967. This structure was demolished on July 8,
2011. The vacant parcels are currently owned by the Community Redevelopment Agency (CRA).
The RM zoning district does not allow community cen ters as either a principal or conditional use, thus a
rezoning application is being requested to change t he existing zoning designation from RM (Medium
Density Residential) to CF (Community Facilities).
The expansion will occur on property immediately no rth of the existing Neighborhood Resource Center,
which was rezoned from RM to CF, by the City Commis sion on June 20, 2006 through City Ordinance
No. 32-06. The proposed change seeks to apply a zoning des ignation which is consistent with the
adjacent use and complements the needs of the neigh borhood. Additional background and an analysis of
the request are found in the attached Planning and Zoning Board Staff Report.
REVIEW BY OTHERS
At its meeting of May 21, 2012, the Planning and Zo ning Board held a public hearing in conjunction
with the request. The Board voted 7-0 to recommend approval of the rezoning from RM to CF,by
adopting the findings of fact and law contained in the staff report, and a finding that the request is
consistent with the Comprehensive Plan and the Sout hwest Area Neighborhood Development Plan, and
meets the criteria set forth in Sections 3.1.1, 3.2 .2, and 2.4.5(D)(5) of the Land Development
Regulations. The Board did emphasize the need to lo ok at the adequacy of on-site parking during
review by the Site Plan Review and Appearance Board (SPRAB).
RECOMMENDATION
Move approval of the rezoning from RM (Multiple Fam ily Residential) to CF (Community Facilities)
by adopting the findings of fact and law contained in the staff report, and finding that the request i s
consistent with the Comprehensive Plan and the Sout hwest Area Neighborhood Redevelopment Plan,
and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development
Regulations.
ORDINANCE NO. 18-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAI D
LAND BEING A PARCEL LOCATED ON THE EAST SIDE OF SW
12 TH AVENUE, 107 FEET NORTH OF SW 2 ND STREET, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated January 2012, as being zoned RM (Medium Density
Residential) District; and
WHEREAS, at its meeting of May 21, 2012, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item a t a public hearing and voted 7 to 0
to recommend that the property hereinafter described be rezoned, based u pon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zonin g Board,
sitting as the Local Planning Agency, has determined that the c hanges are consistent with and
further the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach a dopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach fi nds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 . That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beac h, Florida, be, and the
same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for
the following described property:
2 ORD NO. 18-12
Lots 9 and 10 inclusive, Block 6, Atlantic Gardens, as recorded in Plat Book 14, Page 63, of
the Public Records of Palm Beach County, Florida.
Section 3 . That the Planning and Zoning Director of the said City shall , upon the effective
date of this ordinance, amend the Zoning Map of the City of Delr ay Beach, Florida, to conform
with the provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewi th be, and the same
are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof, a ny
paragraph, sentence, or word be declared by a court of competent j urisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 6 . That this ordinance shall become effective immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final readi ng on this the _____
day of ___________________, 2012.
____________________________________
ATTEST M A Y O R
_______________________________
City Clerk
First Reading__________________
Second Reading________________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lula Butler; Director, Community Improvement
THROUGH:David Harden; City Manager
DATE:May 31, 2012
SUBJECT:AGENDA ITEM 12.C. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
ORDINANCE NO. 20 -12
ITEM BEFORE COMMISSION
The item before the Commission is Ordinance No. 20-12, which increases the local business tax
schedule across the board by 5%.
BACKGROUND
Pursuant to Florida Statute Chapter 205, local busi ness taxes may be increased by up to 5% every other
year. The last increase in the local business tax schedule occurred in March 2008. This ordinance
modifies Section 110.15 by increasing all local bus iness taxes by 5%. Over the next year, this increa se
would give the City approximately $34,000 in additi onal revenue. This ordinances also eliminates some
outdated business tax classifications that are no l onger used.
RECOMMENDATION
Staff recommends approval of Ordinance No. 20-12.
ORDINANCE NO. 20-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110,
“LOCAL BUSINESS TAXES GENERALLY”, OF THE CODE OF
ORDINANCES BY AMENDING SECTION 110.15, “LOCAL
BUSINESS TAX SCHEDULE”, TO ELIMINATE OUTDATED
BUSINESS CLASSIFICATIONS AND TO PROVIDE FOR AN
INCREASE IN THE LOCAL BUSINESS TAX SCHEDULE;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Section 110.15 “Local Business Tax Schedule ”, of the Code of Ordinances of
the City of Delray Beach establishes the individual b usiness tax required to be paid annually to the
City by persons engaging in or managing/transacting an occu pation or profession; and
WHEREAS, pursuant to Chapter 205, Florida Statutes , the City Commission has determined it
to be appropriate to increase said local business tax.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 . That Chapter 110, “Local Business Taxes Generall y”, of the Code of
Ordinances is amended by amending Section 110.15, “Loca l Business Tax Schedule”, to read as
follows:
The following enumerated individual local business tax es shall be paid to the City by the
persons engaging in or managing or transacting the several occupations or professions named yearly,
unless otherwise specified:
Classification All Fees
$156.56
164.39
except
as noted
Abstracting Company
Land title, warranty or security company. Each indi vidual conducting the business of abstracting
title, either in part or in whole, shall pay a lice nse tax.
Academy of Music
Adult Entertainment
Advertising
2 ORD. NO. 20-12
Agencies, firms, associations, corporations or othe r persons distributing circulars, pamphlets or
other advertising matter, except local merchants an d theaters advertising in this way their own goods
and merchandise, shall pay an annual license tax.
Ad vertising
Agencies engaged in the business of bill posting sh all pay a license tax, per year.
Advertising Office, Public Relations
Alleys, Bowling, Boxball or Tenpins
Each lane 25.35
26.62
Ambulance
Separate from undertaking, each 88.57
93.00
Amusement Parlors or Concert Halls
Apartment , Rooming Houses
Per room, excluding kitchen and bathrooms 6.37
6.69
Aquarium
Armored Car Service
Each vehicle 88.57
Art Gallery
(1) Art Studio, workshop, classes
(2) Artist, commercial (See Retail)
(3) Artist material or supplies (See Merchants)
(4) Artists' outdoor sale:
Each sale, first day 37.97
Each day thereafter 12.74
Astrologists, Clairvoyants, Fortune Tellers, Palmis ts, Phrenologists, Spiritualists, Numerologists and
Mental Healers
These activities and others of a similar nature, wh ether or not in connection with another business
charging fees, shall pay a license tax.
Athletic Club, Gymnasium /Fitness Center
(Zoning)
Auctio neers
Auctions
Auction, Real Estate
Per day
3 ORD. NO. 20-12
Automatic Amusement Machines, Games or Devices, Dis tributor
Annual Fee
Note: It is understood that this shall not be const rued to license or permit operation or display of
gambling devices.
Automatic Games and Devices
or otherwise, marble games, such as throwing balls at figures and the like, which are not elsewhere
provided for in this Chapter.
Each machine or apparatus 63.21
66.37
Automatic Trade Machines
Where only incentive to operate same is to procure such as gum, nuts and the like
Each machine 37.97
39.87
Distributor 149.94
157.44
Automatic Weighing Machines Distributor
Each machine 12.74
13.38
Automobile or Motor Vehicles, Trucks, Farm Tractors and Farm Implements, Motorcycles
(1) Auto agency or dealer, in new or used cars, motor v ehicles, motorcycles, trucks, farm tractors
and farm implements, with one principal place of bu siness, not to exceed one lot for display purposes,
each agency, not to include repairs.
(2) Each additional display lot.
(3) Rental of vehicle not to exceed thirty (30) days as replacement for vehicles undergoing repairs
by agency.
Automobile
(1) Automatic car wash, not in connection with other bu siness
(2) Automobile association (See Insurance)
(3) Driving school
(4) Parking lots, commercial, each lot
(5) Repair shop or garage, in connection with auto agen cy
(6) Repair shop or garage not in connection with other business
(7) Self -serve car wash, first unit 50.60
53.13
Each additional unit 12.74
(8) U -Drive rentals
(9) Upholstering, tops, seat covers and the like
4 ORD. NO. 20-12
(10) Automobile used parts, dealers in, used for purpose s other than junk
(11) Wrecker service, towing
(12) Auto detailing
Automobile Service Station
Washing and polishing, greasing, lubricating and li ke servicing of automobiles, selling gasoline and oil,
but not to include repair work and not to include t he sale of merchandise required to be licensed
otherwise by ordinance under Merchants.
Automobile Service Station
Selling merchandise other than petroleum products u sed in greasing and lubricating, shall pay the
Merchants license on other merchandise in addition to the foregoing.
Baby Sitter Service 75.94
82.37
Baggage or Freight Transfer Company
Bakery
Wholesale and retail, each store
Ballrooms for Profit
Banks (National and State chartered),
Savings and Loan Associations (per Section 5219 Revised Statutes 12 U.S.C. 548)
Bankruptcy, Closing Out, Trustee Sale
(See Fire sale)
Barber Shops
Beach Equipment
(Subject to bids to the Commission)
Beauty Shops
Bible, Holy —Solicitors
Bicycle Shop, both retail and repair
Billiard, Pool or Bagatelle Tables
For profit, e E ach table 63.21
66.37
Birds
Dealers
Blueprinting Service
Maps, plats and the like
Boat Agencies, New/Used
Each lot, not to include repairs
5 ORD. NO. 20-12
Boats for Hire
Fishing, cruising or sightseeing (each boat)
Boathouses
Storage only
Boat Marinas, Dockage, Yacht Basins
Boat Repair
Boiler, Machine Shops or Foundries
Bondsman, Bail Bonds
Book, Magazine Solicitors
Per week 63.21
66.37
Per person 25.36
26.62
Interstate commerce No fee
Bookkeeper/Accountant , not C.P.A.
Boot and Shoe Repair Shop
Bottling Works
Brokers
Stockers, [Stocks,] bonds, mortgages, customs and o thers
Building Inspector
Building and Loan Associations (See Banks)
Burglar Alarm Company
Bus Station , intrastate business only
Business College, Trade Schools
Business Office
Butcher Shop
Cabinet Shop
Carpet and Rug Cleaning
Each location
Caterers
Fixed base or mobile, each truck 63.21
66.37
Ceramic Studio
Chemical Companies
Christmas Tree Sales
6 ORD. NO. 20-12
Season only, each lot
Citrus Fruits and Vegetable Retail (See Merchants)
Claim and Collecting Agencies
Cleaning, Pressing, Dyeing (See Laundries)
Clothing
Secondhand dealers
Cold Drink Stand (See Merchants)
Cold Storage
All types
Commission Merchants
Handling shipments (other than specifically provided for herein) on a Commission basis
Computer Service
Concrete Products (See Manufacturer)
Concrete Ready -Mix Plant
Contractors
(1) General
(2) Engineering contractor (includes bridge, bulkheadin g , drainage, excavating, sewer construction,
dredging, irrigation systems, pile driving, seawall s, sidewalk, street grading and paving and similar
contract work
(3) Structural and reinforced iron and steel
(4) Subcontractors and others as listed:
Concrete, stone, brick
Electrical
Heating and ventilating
House movers
Masons
Plasterers
Roofing
Sheet metal and tinsmith
Septic tank
Tile Well drilling
Floor sanding and finishing
Lathers
Plumbers
7 ORD. NO. 20-12
(5) Any person who shall accept orders to be engaged in the business of accepting orders or
constructs on cost plus, fixed fee, stated sum, per centage basis or any combination thereof, or for
compensation other than wages for doing work on or in any building or structure requiring the use of
paint, stone, brick, mortar, cement, wood, structur al steel or iron, sheet iron, metallic piping, tin,
lead or any other building material; or to do any p aving or curbing on sidewalks or streets, on public or
private property, using asphalt, brick, stone, ceme nt or wood or any combination; or to excavate for
foundations or any other purpose, or to construct s ewers, septic tanks, docks, drive piling, construct
bridges, construct seawalls and bulkheads of any an d all description; and who is engaged in the
business of building, remodeling, repairing, razing or moving, whether it be by contract, fixed fee or
sublet, percentage or any combination thereof, or f or compensation other than wages, shall be
deemed to be a contractor within the meaning of thi s Chapter.
Convalescent Home (not sanitarium)
Ch. 400, Florida Statutes, zoning, State Department of Health and Rehabilitative Services
regulations
Costume, Clothing Rental
Credit Bureaus
Dairies (milk distributors, jobbers or creameries deliverin g milk)
Each truck 88.57
Dance Halls
Dancing Schools
Data Processing (See Professional)
Dealers in Secondhand Firearms
This license shall be exclusive of all other licens e taxes. All secondhand dealers shall keep a
permanent record of all purchase and sales, includi ng dates, description of property purchased or sold ,
names and addresses of persons purchasing or sellin g them.
Delicatessen
Dental Supplies
Dental Technician Laboratory
Department Stores (See Merchants)
Detective Agency
Each location (state certificate)
Distributor
Dog and Pet Grooming
Sale of supplies (See Merchants)
Dressmaking, Hemstitching (no stock carried)
Drugs, Retail Dealer (See Merchants)
Dry Cleaning (See Laundries)
Electric Light and Power Companies
8 ORD. NO. 20-12
Emigrant Agents
Including any agent, solicitor or recruiter engaged in the business of hiring, enticing or soliciting
laborers or emigrants.
Employment Agencies
Engravers or Lithographers
Export or Import Companies
Express Companies (Intrastate only)
Exterm inators (State certificate)
Fertilizer Manufacturers —Mixing Plant
Fire Extinguisher Sales, Service
Fire and Wreck Sales
When not conducted by bona fide business concerns p reviously established and doing business in the
City), of undamaged goods of that firm having damage by fire or wreck, each sale.
Fish or Poultry Market
Fish Peddler (See Peddlers of merchandise)
Fishing Tackle (See Merchants)
Fishing Tackle or Gun Repair
Florists or Dealers in Flowers , each
Food Lockers —Cold Storage
Fruit, Vegetable Stand
Fumigating (See Exterminators)
Furniture and House Furnishing (See Merchants)
Gas Companies
(1) Distributing and selling gas through pipelines
(2) Selling bottled gas
(3) Gas tank wagon delivery only
Gasoline and Oil Distributors
Wholesale, Storage Facilities in the City
Golf Courses , each
Golf Driving Range , each
Golf Miniature , each
Guaranty or Surety Title Companies
Guard, Patrol Service (See Detective Agency)
Guns, Sales or Repair /Gun Range
9 ORD. NO. 20-12
Need Federal firearms dealers license
Harness and Saddlery (See Merchants)
Home Occupation
Hospitals, Sanitarium
Hotels
Per room, excluding kitchens and bathrooms 6.37
6.69
Hypnotists
Must meet requirements set forth in F.S. Chapter 45 6
Ice Cream Manufacturers
Ice Cream Parlors
Ice Cream Wagon or Truck , each 126.41
132.73
Ice Manufacturing or Storage
Import, Export (See Export)
Insecticide
Manufacturers or dealers
Installers, Carpets
Insurance Adjusters
Insurance Agency
For each company represented
Insurance
Baggage, each company represented
Insurance
Casualty, life, hospitalization, industrial, burial , bonding and surety companies, each
Interior Decorator
Invalid and Hospital Supplies
Jewelry
Dealers buying and selling old gold, silver and oth er precious metals, or offer to buy and sell
(permanent records of all purchases and sales, incl uding dates, description of property purchased and
sold, names and addresses of persons purchasing or selling required).
Jewelry Repair
Jewelry Store (See Merchants)
Junk Shops or Dealers
License required whether or not sale or purchase or both, or solicitations are made
10 ORD. NO. 20-12
Kennels, Animal (Approved location)
Key Shop, Locksmith and Associated Services (See Merchants)
Knife, Scissors and Tool Sharpener
Landscape Company
Laundry or Dry Cleaning Plant
Agent for out of town laundries
Local agency, permanent office
Self -service
Lawn Maintenance
Lawn Spraying
Board of Health certificate
Linen or Diaper Service
Loan, Finance, Mortgage Company
Lumber Dealers
Lunch Stands , (Not over twenty -five (25) chairs)
Machine Shops (Not automobile)
Mail Order Business
Maintenance (Floor, home, office, building)
Manicurist , each 75.94
79.77
Manufacturer
Marble and Granite Works
Massage Salon
Masseur, Masseuse , each 75.94
79.77
Meats (See Butcher shop)
Merchandise, Secondhand (See Secondhand dealers)
Merchants, Druggists and Storekeepers
Messenger Service (exclusive of telegrams)
Mimeograph and Letter Shop
Monuments and Tombstones
Motion Picture Theaters
Performances of moving pictures or other forms of e ntertainment
Movers (See Storage)
11 ORD. NO. 20-12
Moving Company
Musical Devices
Operator of mechanically operated (whether operated in connection with or separate from any
other business)
License or tag must be displayed on each machine
Musical Devices (Distributor)
Music Teachers
Nails, Acrylic Shops (State certificate)
Newspaper Publisher
News Companies (Owners or managers of)
Newsstands
Owners or managers of, where daily and weekly newsp apers or magazines, postcards and the like
are sold
Night Clubs
Restaurants, dining rooms or other establishments, whether floor show or other form of
entertainment, exclusive of orchestra, is provided for guests.
Novelty Works (See Manufacturer)
Nursery
Shrubs, trees, plants or landscaping
Nursing Home (See Convalescent home)
Office Machine Repairs (See Repair shop)
Oil (See Gasoline)
Paint Manufacturer (See Manufacturer)
Parcel Delivery
Each vehicle 75.94
Pawnbrokers
Peddlers of Merchandise
(1) Not otherwise enumerated specifically herein, shall pay a license tax per day of, each person 25.36
26.62
(2) Peddlers who are not producers of the product they sell and who peddle from house to house the
products of the farm, grove or waters, shall pay a license tax per day of, each person
25.36
26.62
(3) Peddlers, hawkers or vendors engaged in the occupat ion of selling products such as fruit, eggs
and vegetables and farm products from wagon, push c art or other vehicle, shall pay a license tax of,
each vehicle
(4) Peddlers, hawkers, vendors, agents or solicitors soliciting business for out -of -town business
houses or enterprises not maintaining place of busi ness in city, providing however that this provision
12 ORD. NO. 20-12
does not apply to wholesalers dealing exclusively w ith retailers
(5) Traveling stores, dry goods, groceries, clothing, boots and shoes
Pet Shop or Grooming (See Dog and pet grooming)
Pharmacies
Photo Processing, Film Developing
Photographers
Piano tuners
Picture Agents
Plating with Metals
Portable Toilets
Postcard Stands (Only)
Potato Chips (See Manufacturer)
Print Shop or Publishing
Private Postal Mailbox
Private Schools (See Schools)
Professional
(1) The following practitioners are classed as professi onal, and each person engaged in the practice
of this profession other than persons receiving onl y a salary or wage by a licensed practitioner in th is
City, is required to pay a professional local busin ess tax:
Accountants and auditors
Architects
Architects, landscaping
Attorneys and lawyers
Business consultant
Chemists
Chiropractors
Chiropodists
Data processing
Dentist
Draftsman
Engineers, civil, consulting
Interior Design
Opticians
Optometrists
13 ORD. NO. 20-12
Osteopathic physicians
Physicians
Psychiatrists
Research laboratory or office, for profit
Surgeons
Tax consultant
Veterinarians or veterinary
Other professions not classified
(2) For each person operating with the person licensed in the preceding clause, other than the
professional employees
Property Management
Promoters
Entertainment, sports or contests
Public Hall for Hire
Public Stenographer
Publishing Company
Books, directories and the like
Radio Communications
Radio Repair Shop (See Repair Shops)
Railroad Companies , each
Real Estate Agency or Broker
Recording Studio
Reducing Salon
Rental Equipment (All types)
Repair Shops , each
Repairs from Truck or Other Vehicle
Restaurants (If dancing permitted, see Night clubs)
Cafes and public eating places (whether food is ser ved in connection with or separate from other
business, except dining rooms in connection with ho tels)
Retirement, Rest Home (See Convalescent home)
Rinks (Bicycle, skating or other)
Roof Trusses (Se Manufacturer)
Sawmill Yard
Schools
14 ORD. NO. 20-12
Secondhand Dealers
(1) In goods, wares and merchandise, secondhand or othe rwise, known as secondhand dealers
exclusive of firearms. (See Dealers in secondhand f irearms and secondhand clothing)
(2) All secondhand dealers shall keep a permanent recor d of all purchases and sales, including
dates, description of property purchased and sold, names and addresses of persons purchasing or
selling them.
(3) However, the business shall be adequately housed in side a substantial store building and
provided that before any person shall sell or be en gaged in the business of selling goods, wares,
merchandise or other personal property, the sales b eing advertised as bankrupt, insolvent, insurance,
assignee, trustee, auction, syndicate, railroad or other wreck, wholesale, manufacturer's or closeout
sale, or as goods damaged by smoke, fire, water or otherwise, the person shall file an application wit h
the Commission, which application shall be passed o n by the Commission and a license tax paid.
Secretarial Service
Seed Stores (Wholesale and Retail) (See Merchants)
Ship Brokers
Shoemaker and Repairs
Shooting Gallery (See Gun Ranges)
Sign Painters
Commercial but not erecting
Soda or Mineral Water Fountains
Solicitor (See Peddlers of Merchandise)
Sporting Goods (See Merchants)
Stamp or Old Coin Dealer
Storage Warehouse or Room
Tailors /Seamstress
Tanning Salon
Tattoo Salon
Tax Agency (See Professional)
Taxidermist , or agents for
In addition to other license
Taxis
First vehicle 126.63
132.96
Each additional vehicle 63.21
66.37
Telegraph Companies
15 ORD. NO. 20-12
Telemarketing
Telephone Answering Service
Telephone Solicitation (See Sections 118.40 through 118.45)
Telephone Systems and Companies
Intrastate business only
Temporary Business Receipts
(1) Business temporarily located inside enclosed shoppi ng mall; thirty (30) days only (no extensions) 75.94
(2) Special events, no more than once annually (if unde r three (3) days), as approved by Commission
(each license, not otherwise enumerated herein)
No fee
(3) Special events, no more than once annually (in exce ss of three (3) days), as approved by
Commission (each license, not otherwise enumerated herein)
75.94
Temporary Holiday/Vendors 75.94
79.74
Termite Control Companies
Theatrical Directors
Who charge for services in directing local talent plays or performances, each performance
Theatrical or Dramatic Groups or Companies
For profit, where performance is not given in local , licensed theater, each performance
Towel, Diaper, Uniform Supply Company
Towing Service (See Automobile)
Trade Schools
Trading Stamp Companies
Trailer Park
Trailer, Truck Rental
Travel Bureaus
Tree Pruner (Must have insurance)
Trucks
Motor -driven, also doing freight transportation, hauling or transfer business for profit, except where
other licenses are paid in conducting business, eac h. (Does not apply to trucks owned by the city,
county or state)
U -Drive -It Cars (See Automobile)
Undertakers, Embalmers and Funeral Directors
Uniform Supply (See Towel, diaper, uniform supply company)
Upholsterer
Vending Machines (See Automatic trade machines)
16 ORD. NO. 20-12
Venetian Blinds
Repair, installation and associated services
Vulcanizing
Each place of business
Watch Repair
Water (Sold in bottles) (See Bottling works)
Water Companies
operating same
Water -Softening Service
Weight Clinic
Weighing Machines (See Automatic trade machines)
Wheelchair Rental (See Invalid)
Window Cleaning
Window Tinting
Wood Yard
Wrecker Service (See Automobile)
Section 2 . That should any section or provision of this ordin ance or any portion thereof,
any paragraph, sentence, or word be declared by a cou rt of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remain der hereof as a whole or part thereof other than th e
part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in confl ict herewith be, and the same are
hereby repealed.
Section 4 . That this ordinance shall become effective immedia tely upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of
___________________, 2012.
____________________________________
ATTEST M A Y O R
_______________________________
City Clerk
First Reading__________________
Second Reading________________