07-17-12 Regular AgendaCity of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, July 17, 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. July 5, 2012 – Regular Meeting 6. PROCLAMATIONS:
A. International Clown Week – August 1-7, 2012 7. PRESENTATIONS: A. RESOLUTION NO. 33-12: Approve Resolution No. 33-12 recognizing and commending Robert Johnson for 30 years of dedicated
service to the City of Delray Beach. 8. CONSENT AGENDA: City Manager Recommends Approval A. ACCEPTANCE OF A WATER EASEMENT DEED/ABBEY DELRAY SOUTH: Approve and accept an exclusive water
easement deed for a new fire hydrant at Abbey Delray South. B. ACCEPTANCE OF A RECLAIMED WATER EASEMENT DEED/LANE SUBDIVISION: Approve and accept a reclaimed water easement deed for
a new reclaimed water main at Lane Subdivision.
C. INDEPENDENT CONTRACTOR AGREEMENT/VINCENT MINTUS: Approve an Independent Contractor Agreement between the City and Vincent Mintus to conduct background investigations for prospective
candidates for police officer and non-sworn police employment. Funding is available from 001-2111-521-34.90 (General Fund: Other Contractual Services). D. TRAFFIC ENFORCEMENT AGREEMENT/SHERWOOD
FOREST HOMEOWNERS ASSOCIATION: Approve a Traffic Enforcement Agreement with the Sherwood Forest Homeowners Association to allow the City of Delray Beach Police Department to enforce
State and local traffic laws on the private roads owned by the Association. E. RESOLUTION NO. 34-12: FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/MAINTENANCE MEMORANDUM OF AGREEMENT:
Approve Resolution No. 34-12 authorizing the Mayor to execute the Maintenance Memorandum of Agreement with the Florida Department of Transportation (FDOT) to provide for an overall uniform
landscape maintenance agreement covering the areas under FDOT jurisdiction in the City of Delray Beach. F. RESCIND BID AWARD TO SIMPLY THE BEST CHARTER: Approval to rescind the bid award
to Simply the Best Charter in the 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 and proceed with re-advertising the project for bid. G. SPECIAL EVENT REQUEST/9TH ANNUAL FAMILY FUN DAY
AT POMPEY PARK: Approve a special event request for the 9th Annual Family Fun Day at Pompey Park, produced by the Parks and Recreation Department, to be held on August 18, 2012 from
8:00 a.m. to 11:00 p.m., with outside activities ending at 10:00 p.m.; and authorize staff support for security and traffic control, fire inspection, trash removal and clean up assistance,
trash boxes, use of the large City stage, and preparation and installation of event signage. H. SPECIAL EVENT REQUEST/ON THE AVE/ROOTS CULTURAL FESTIVAL FAMILY REUNION: Approve a special
event request for On the Ave/Roots Cultural Festival Family Reunion scheduled for August 11, 2012 from 4:00 p.m. to 10:00 p.m; and authorize staff support for security, fire inspection,
trash removal and clean up assistance, trash boxes, use of the large City stage, and preparation and installation of event signage. I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period July 2, 2012 through July 13, 2012. J. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Florida Door
Control in the amount of $17,060.00 for the Police Department’s Access Control System. Funding is available from 001-2111-521-46.10 (General Fund: Repair & Maintenance Services/Building
Maintenance).
2. Contract award to Intercounty Engineering, Inc. in the amount of $82,998.00 for Lift Station Rehabilitation of lift station #35. Funding is available from 442-5178-536-68.15 (Water
& Sewer Renewal & Replacement Fund: Improvements Other/Lift Station Rehabilitation). 3. Purchase award to Fluid Control Specialties, Inc. in the amount of $19,606.00 for the purchase
and delivery of two replacement filter backwash valves for the City’s Water Treatment Plant. Funding is available from 442-5178-536-64.90 (Water & Sewer Renewal & Replacement Fund: Machinery/Equipmen
t/Other Machinery/Equipment). 4. Purchase award to Emergency Vehicle Supply (EVS) in the amount of $131,321.40 for the installation of police lighting and equipment in fourteen (14)
Police Department vehicles. Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery/Equipment/Automotive). 5. Purchase award to WW Sod & Equipment Company in the amount
of $27,500.00 for the purchase of one (1) used Toro 3500D Rotary Mower Sidewinder and one (1) used Toro RM5510 Fairway Mower with Groomers and Canopy Top. Funding is available from 445-4761-572-64.90
(D B Municipal Golf Course: Machinery & Equipment: Other Machinery/Equipment). 9. REGULAR AGENDA: A. RESOLUTION NO. 31-12: Consider approval of Resolution No. 31-12 to rename the S.W.
5th Avenue Plaza as The Elizabeth “Libby” Jackson Wesley Plaza. B. SETTLEMENT AGREEMENT AND CONSENT ORDER: CARON FOUNDATION OF FLORIDA, INC.: Consider approval of a proposed Settlement
Agreement and Consent Order with Caron Foundation of Florida, Inc. C. CONTRACT AWARD/FOSTER MARINE CONTRACTORS, INC.: Consider approval of a contract award to Foster Marine Contractors,
Inc., second lowest bidder, in the estimated amount of $84,445.00 for construction of swales in the Lake Ida neighborhood. Funding is available from 448-5416-538-46.43 (Stormwater Utility
Fund: Repair & Maintenance Service/Drainange Swales). D. PRIORITY BASED BUDGETING: Presenting the results of the Priority Based Budgeting System Process. E. APPOINTMENTS TO THE FINANCIAL
REVIEW BOARD: Appoint one (1) regular member to serve an unexpired term ending July 31, 2013 and two (2) regular members to serve two (2) year terms ending July 31, 2014 to the Financial
Review Board. Based upon the rotation system, the appointments will be made by Mayor McDuffie (Seat #5), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3).
F. APPOINTMENTS TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint one (1) regular member to serve a four (4) year term ending August 1, 2016 and one (1) alternate member to serve
an unexpired term ending June 30, 2014 to the Public Employees Relations Commission. Based upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3) and
Commissioner Gray (Seat #4). G. APPOINTMENTS TO THE EDUCATION BOARD: Appoint five (5) regular members to serve two (2) year terms ending July 31, 2014 and one (1) regular member to serve
an unexpired term ending July 13, 2013 to the Education Board. Based upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3), Commissioner Gray (Seat
#4), Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1) Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). H. APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD:
Appoint two (2) regular members to serve two (2) year terms ending July 31, 2014 to the Parking Management Advisory Board. Based upon the rotation system, the appointments will be made
by Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5). I. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint six (6) regular members to serve two (2) year terms ending July 31,
2014 to the Police Advisory Board. Based on the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat
#4), Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1) and Commissioner Jacquet (Seat #2). J. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD: Appoint four (4) regular members to
serve two (2) year terms ending July 31, 2014 to the Public Art Advisory Board. Based on the rotation system, the appointments will be made by Commissioner Gray (Seat #4), Commissioner
Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5). K. CITY MANAGER EVALUATION L. CITY ATTORNEY EVALUATION 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. 19-12: Consider a Future Land Use Map amendment from
MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) and rezoning from RM (Medium Density Residential) to CBD (Central Business District) for a vacant parcel located on
the east side of S.W. 10th Avenue approximately 391 feet south of West Atlantic Avenue at 35 S.W. 10th Avenue. (Quasi-Judicial Hearing) C. RESOLUTION NO. 32-12: Consider approval of
Resolution No. 32-12 establishing a
budget for the Stormwater Utility System, establishing the rates for FY 2013 Stormwater Management Assessments, and certifying and adopting the Stormwater Assessment Roll. 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. NONE 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission
07/05/12 JULY 5, 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., Thursday, July 5, 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 - David T. Harden, City Manager Also present were - Brian Shutt, City Attorney Douglas Smith, Acting City Manager Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Kathleen Gannon with St. Paul Episcopal Church. 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 Mr. Carney. 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: Mrs. Gray moved to approve the Minutes of the Regular Meeting of June 5, 2012,
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. Mr. Frankel moved to approve the Minutes of the Workshop Meeting of June 12, 2012, 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.
2 07/05/12 Mr. Carney moved to approve the Minutes of the Regular Meeting of June 19, 2012, 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. 6. PROCLAMATIONS: 6.A. None 6.A. Recognizing and commending Carolyn Patton
for her dedicated service to the Sandoway House Nature Center Mayor McDuffie read and presented a proclamation to Carolyn Patton for her dedicated service to the Sandoway House Nature
Center. Carolyn Patton came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. RESOLUTION NO. 26-12: Approve Resolution No. 26-12 recognizing and
commending Fiel Bronson for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 26-12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING FIEL BRONSON FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 26-12 is on
file in the City Clerk’s office.) Mayor McDuffie read the resolution. Lisa Hartman, Utility Billing Manager, gave a few brief comments. Fiel Bronson came forward to accept the resolution
and gave a few brief comments. Mr. Frankel moved to approve Resolution No. 26-12, 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.
3 07/05/12 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 29-12 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/109 FERN COURT): Approve a tax exemption request
for eligible improvements to the property located at 109 Fern Court within the Del Ida Park Historic District; and approve Resolution No. 29-12. The caption of Resolution No. 29-12 is
as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO PAUL H. ZACKS AND MICHELE S. ZACKS. FOR THE HISTORIC REHABILITATION
OF THE PROPERTY LOCATED AT 109 FERN COURT, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(M)(5);
PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 29-12 is on file in the City Clerk’s office.) 8.B. RESOLUTION NO. 30-12: ABANDONMENT OF UTILITY EASEMENT: 633 NORTH
OCEAN BOULEVARD: Approve Resolution No. 30-12 to abandoning a 10' X 100' utility easement located at 633 North Ocean Boulevard. The caption of Resolution No. 30-12 is as follows: A RESOLUTION
OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT LOCATED ON THE PROPERTY AT 633 NORTH OCEAN BOULEVARD, DELRAY BEACH, FLORIDA, AND
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A". (The official copy of Resolution No. 30-12 is on file in the City Clerk’s office.) 8.C. MAINTENANCE MEMORANDUM OF AGREEMENT/FLORIDA DEPARTMENT
OF TRANSPORTATION: Approve authorization for the Mayor to execute an inclusive Maintenance Memorandum of Agreement (MMOA) with Florida Department of Transportation (FDOT) for State Road
A-1-A, State Road 5, State Road 9 and State Road 806.
4 07/05/12 8.D. RENEWAL OF AGREEMENT/SOUTHEASTERN COLLEGE (f/k/a KEISER COLLEGE): Approve renewal of an agreement with Southeastern College to provide a clinical training site for EMT
and Paramedic students. 8.E. SCHOOL READINESS CHILD CARE PROVIDER AGREEMENT/EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC: Approve the School Readiness Child Care Provider Agreement
between the City of Delray Beach and the Early Coalition of Palm Beach County, Inc. to provide subsidized child care funding for the Afterschool Program located at Pompey Park and the
Community Center. 8.F. AFTERSCHOOL PROGRAM PROVIDER AGREEMENT/EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC.: Approve a Continue-to-Care Afterschool Program Provider Agreement between
Early Coalition of Palm Beach County, Inc. and the City, to continue reimbursable funding through the Continue to Care-Afterschool Scholarship program for the Afterschool Program located
at Pompey Park and the Community Center. 8.G. GRANT AWARD/RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG): Approve and accept the FY 2012 Recovery Act Edward Byrne
Memorial Justice Assistance Grant (JAG) award in the amount of $42,212.00 which will provide funding to support the Holiday Robbery Task Force. 8.H. GRANT APPLICATION; 2012 ASSISTANCE
TO FIREFIGHTERS: Authorize submission of a grant application to the Federal Emergency Management Agency for the 2012 Assistance to Firefighters Grant. 8.I. REVIEW OF APPEALABLE LAND
DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 18, 2012 through June 29, 2012. 8.J. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Hub City Ford in the amount of $390,523.00 for fourteen (14) replacement Police Patrol vehicles. Funding is available from 501-3312-519-64.20 (Garage Fund: Repair
& Maintenance Services/Vehicle Maintenance-Garage). Mr. Frankel moved to approve the Consent Agenda, seconded by Mr. Carney. 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 07/05/12 9. REGULAR AGENDA: 9.A. WAIVER REQUEST/HARBOR PLAZA: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.9(D)(3)(c)(1),“Stacking Distance”,
reducing the stacking distance from the required 50’ to 21.4’ for parking facility that contains 51 or more parking spaces for Harbor Plaza, located at the northeast corner of South
Federal Highway and Linton Boulevard. (Quasi-Judicial Hearing) Mayor McDuffie Mayor McDuffie read the City of Delray Beach Quasi- Judicial Hearing rules into the record for this item.
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 Department, entered the Planning and Zoning Department project file #2012-074
into the record. Mr. Dorling stated this is a waiver request for Harbor Plaza located at the northeast corner of Linton Boulevard and Federal Highway. He stated there is a redevelopment
plan to take out the middle of that shopping center and knock down 17,000 square feet and construct an additional 23,740 square feet addition with some outside seating to accommodate
a fresh market. Mr. Dorling stated they are proposing a new driveway on the north end of that center and the LDRs talk about requiring at least a 50 foot stacking distance between the
property line and any opposing drive aisle. This proposal only accommodates 21.4 feet and the applicant is requesting relief from the 50 feet to the 21.4 feet. Mr. Dorling stated the
waiver analysis is in the staff report and staff notes that there are six (6) driveway access points in addition to this driveway. Staff feels there will not be an issue with stacking
given the multiple access points and options that people have. Staff recommends approval. At this point, Mr. Dorling displayed the elevation. Jessica Joly, Stiles Development, 301 E.
Las Olas Boulevard, Fort Lauderdale, FL 33301 (represents the owners of Harbor Plaza), stated they meet the intent of the Code because they have introduced additional stop signs so that
traffic coming from Banyan Tree Lane will be unimpeded to go into the shopping center or to go straight through. Ms. Joly urged the Commission to grant the waiver. Mayor McDuffie stated
if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address
the Commission regarding the waiver request, the public hearing was closed.
6 07/05/12 Mr. Frankel stated so many people excited about this type of grocery store coming into the city and strongly supports the waiver. Mr. Carney stated this seems to be improving
the existing entrance. Mr. Dorling stated it is primarily for delivery trucks. Mr. Carney stated he does not see a lot of pressure on that second entry because of the first entry which
will be largely for customers. 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. Jacquet moved to adopt the Board Order as presented, 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. 9.B. UNITED STATES TENNIS ASSOCIATION (USTA) DAVIS CUP FINALS BID:
Consider approval and authorization to submit a bid to the United States Tennis Association (USTA) to be the host site for the 2012 Davis Cup Finals if held in the United States. Doug
Smith, Acting City Manager, stated this is a bid to the United States Tennis Association (USTA) for the City to be considered as a host site for the 2012 David Cup Finals if held in
the United States. Mr. Smith stated the bid addresses the requirement items, gives a summary about the city, and also plans to send the television commercial that was done in the last
year or two that was used for the ITC Tournament. Mr. Smith stated staff requests approval of the bid and authority to submit it to the USTA and if approved staff has a cover letter
drafted for the Mayor’s signature and we would be requesting an early determination of the site selection. He stated the reason for that is due to the budget cycles for the City and
other partnering organizations being with the September budget approval timeframe. Mr. Smith stated if the Commission decided if for some reason we were selected and it was not in our
best interest to proceed with it we could still reject an acceptance. He stated the City anticipates its out-of-pocket expenses would be no more than $100,000. Mr. Smith stated this
is less than what was paid for the last Davis Cup Quarter Finals that was held in the city. He stated one other item in the cover memo for the next associated agenda item on the grant
request to the Tourist Development Council is this event is estimated to have an economic impact of $1.95 million. Mr. Frankel complimented staff for this proposal and stated it was
wonderfully done and it sets forth what our city can offer. He stated about a year ago Delray Beach was up for the best tennis city in the country. Mr. Frankel stated while we did fall
short, it really shows not only in Delray Beach but Palm Beach County enthusiasm is for tennis and it also comes at a time a little bit off season where it would be good use of the tennis
facility. Mr. Frankel stated he wholeheartedly supports this.
7 07/05/12 Mrs. Gray supports this and stated this is all in line with calling Delray Beach a “Sports Destination”. She thanked the Sports Commission for helping the City with a lot
of sports programs. Mr. Carney this is a great opportunity and if the Davis Cup comes to the United States he would like it to be in Delray Beach. Mr. Jacquet stated if the Davis Cup
comes to the United States he would love for it to be in Delray Beach. He stated being proactive and looking forward he suggested to consider with some of the concerns that we have had
with the tennis center and tennis in the city putting together a small task force to report to the Commission to report to the City as far as how and what we should do with our tennis
facility and tennis programs in maximizing its efficiency and minimizing its cost to the city. Mr. Jacquet reiterated that the City consider putting together a task force to give the
Commission recommendations on what to do and supports this. Mayor McDuffie thanked City staff and the Sports Commission did a great job. He stated the City has been beaten up about the
stadium for years and beaten up about tennis tournaments, etc. if you look at the economic impact it brings to the City of Delray Beach it is monstrous. Mayor McDuffie stated this past
February he was in Japan (7,500 miles away) with Mike Malone and they walked into a marine research center and they were introduced as the City of Delray Beach and the gentleman in charge
of the research center said “ATP Tennis Tournament”. Mayor McDuffie stated the City of Delray Beach gets on international television. Mayor McDuffie stated he has been on the Commission
since the city has turned down an opportunity to bid on the Davis Cup because economic times were so bad and feels it is a wonderful time now to get us poised to take that stadium over
the top. He stated there are other plans out there today from at least two or three different places that he knows of that the City may be able to talk about in the future. Mayor McDuffie
stated he supports this wholeheartedly. Mr. Frankel moved to approve the United States Tennis Association (USTA) Davis Cup Finals Bid, 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. 9.C. GRANT APPLICATION/TOURIST
DEVELOPMENT COUNCIL: DAVIS CUP: Approve and authorize staff to submit a grant application in the amount of $150,000.00 to the Palm Beach County Tourist Development Council (TDC) to support
costs for the Davis Cup finals. Doug Smith, Acting City Manager, stated as a follow-up to the previous item this would be an associated grant application in the amount of $150,000.00
to the Palm Beach County Tourist Development Council (TDC) in support of the Davis Cup finals. Mr. Smith stated the date of the finals would be November 2012 if it is held in the United
States. He stated it is based on an estimate of 3,000 room nights and there would have to be a verification of those nights after the event and then it would be reimbursable grant. Mr.
Smith stated there is a summary of the cash budget and showing the net cost
8 07/05/12 being a little less than the $100,000.00 in the $50,000-$$60,000 range. The application itself does not include estimated revenue sharing funds that we hope to get from USTA
based on ticket sales because the City cannot guarantee that until that is later approved by them. Mr. Smith stated staff has this application before the Commission for approval and
authorization to submit it to the TDC. Mr. Carney stated if this comes to the United States and if it is here in November here in South Florida ticket sales will not be an issue. Mr.
Frankel stated he has a meeting next week with the TDC where he believes this would be discussed and with the permission of the Commission, he will pass along the entire Commissions
enthusiasm and support. Mayor McDuffie echoed comments expressed by the rest of the Commission. Mr. Frankel moved to approve the Grant Application in the amount of $150,000.00 to the
Palm Beach County Tourist Development Council (TDC), 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.D. AGREEMENT/PALM BEACH COUNTY EDUCATION COMMISSION, INC.: Consider approval of an agreement between the
City and the Palm Beach County Education Commission, Inc., for the funding of broadband service (purchase of the radios and related equipment) in the NW/SW neighborhoods. The City Attorney
stated this is an agreement between the City of Delray Beach and the Palm Beach County Education Commission and we are going to be transferring approximately $130,000.00 to the Education
Commission so they can purchase the radio antenna for the Digital Divide Project. He stated at the last regular meeting the Commission approved an Interlocal Agreement between the City
of Delray Beach and the CRA where the CRA was going to fund this money. Mayor McDuffie stated this is to light up the area from Lake Ida to 10th and from Swinton Avenue to Congress Avenue
giving free wireless to every home where there is a free or reduced lunch student residing. He stated there are several non-profit organizations that are working with the City to support
this. Mayor McDuffie stated the TED Center will be doing training; Atlantic High School, Spady, and the Village Academy will be refurbishing PC’s as well as the School District. The
City has volunteered to do the transportation of the devices back and forth and store them in the city. Mayor McDuffie stated he is working on the Help Desk and that will either be Palm
Beach State College or Florida Atlantic University. He stated this is essentially the money to buy 100% of the wireless transceivers that are mounted on the FPL poles throughout that
area. Mayor McDuffie stated this equipment will be ordered tomorrow and this project should be underway this summer.
9 07/05/12 Mrs. Gray thanked Mayor McDuffie for doing a wonderful job with helping to raise the money and to talk to everyone in Palm Beach County about this project. In addition, Mrs.
Gray thanked the Education Board as well. Mr. Frankel echoed comments expressed by Commissioner Gray. Mr. Jacquet moved to approve the Agreement between the City of Delray Beach and
the Palm Beach County Education Commission, Inc., 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.E. REVISION TO PROCEDURES FOR QUASI-JUDICIAL HEARINGS: Approve revisions to the Procedures for Judicial Hearings
Paragraph 4.A., “Swearing in of Witnesses”, to allow the Board’s Chairperson, Vice Chair or Second Vice Chair to swear in individuals for quasi-judicial items. The City Attorney stated
this has happened occasionally and it just recently happened where on some of the City board’s the Board Clerk who normally is a person that swears everyone in for the Quasi-Judicial
procedures might be absent, staff has had to scramble to have another Board Clerk there. The City Attorney stated what staff is attempting to do here is to allow the Board Chair, Vice
Chair, or the Second Vice Chair to swear in the witnesses so in that case if the Board Clerk is not present or comes in early and then leaves there will be someone there who can swear
the witnesses in for a Quasi-Judicial Hearing. Mr. Jacquet asked if this change would confer the authority necessary on the Chair to swear people in. The City Attorney stated we already
have that in some of the rules on some of the boards but not all of the boards. Mr. Jacquet moved to approve revisions to the Procedures for Judicial Hearings Paragraph 4.A., “Swearing
in of Witnesses”, 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.F. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1) regular member to the Downtown Development Authority (DDA) to serve a three
(3) year term ending July 1, 2015. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel moved to reappoint David Cook as a regular
member to the Downtown Development Authority (DDA) to serve a three year term ending July 1, 2015, 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.
10 07/05/12 9.G. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) regular member to the Civil Service Board to serve a two (2) year term ending July 1, 2014. Based upon the rotation
system, the appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel moved to appoint Keith Sonderling as a regular member to the Civil Service Board to serve a two (2)
year term ending July 1, 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. 9.H. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint two (2) regular members from Zone 4 and an At Large Representative
to serve three (3) year terms ending July 31, 2015 to the Neighborhood Advisory Council. Based on the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2)
and Commissioner Frankel (Seat #3). Mr. Jacquet moved to appoint Pearl Markfield Elrod as a regular member (At Large Representative) to the Neighborhood Advisory Council (NAC) to serve
a three (3) year term ending July 31, 2015, seconded by Mr. Frankel. 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. Mr. Frankel moved to appoint Kristen Albanese (Zone 4) as a regular member to the Neighborhood Advisory Council (NAC) to
serve a three (3) year term ending July 31, 2015, seconded by Mr. Frankel. 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.I. APPOINTMENTS TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint (4) regular members to serve two (2)
year terms ending July 31, 2014 and one (1) alternate member to serve an unexpired term ending July 31, 2013 to the Green Implementation Advancement Board. Based upon the rotation system,
the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Carney (Seat #1).
Mr. Jacquet moved to reappoint Michael Marcus as a regular member to the Green Implementation Advancement Board to serve a two (2) year term ending July 31, 2014, 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.
Mr. Frankel moved to reappoint Jeffrey Conley as a regular member to the Green Implementation Advancement Board to serve a two (2) ending July 31, 2014, seconded by Mr. Jacquet. Upon
roll call the Commission voted as follows: Mr. Frankel
11 07/05/12 – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to reappoint Pamela Grossman as
a regular member to the Green Implementation Advancement Board to serve a two (2) year term ending July 31, 2013, 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. Mayor McDuffie stated he would like to appoint Isabelle
Alarie as a regular member to the Green Implementation Advancement Board to serve a two (2) year term ending July 31, 2013. Mr. Frankel so moved, 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. Mr. Carney stated
he would like to defer his appointment to the next regular meeting of July 17, 2012. 9.J. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint three (3) regular members to serve two (2)
year terms ending July 31, 2014 to the Financial Review Board. Based upon the rotation system, the appointments will be made by Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1)
and Commissioner Jacquet (Seat #2). Mayor McDuffie stated he would like to defer his appointment to the next regular meeting of July 17, 2012. Mr. Carney moved to reappoint Brian Anderson
as a regular member to the Financial Review Board (FRB) to serve a two (2) year term ending July 31, 2014, seconded by Mr. Frankel. 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. Mr. Jacquet stated he would like to defer his appointment
to the next regular meeting of July 17, 2012. At this point, the time being 6:45 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 19-12:
Consider a Future Land Use Map amendment from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) and rezoning from RM (Medium Density Residential) to CBD (Central Business
District) for a vacant parcel located on the east side of S.W. 10th Avenue approximately 391 feet south
12 07/05/12 of West Atlantic Avenue at 35 S.W. 10th Avenue. If passed, a public hearing will be held on July 17, 2012. The caption of Ordinance No. 19-12 is as follows: AN ORDINANCE
OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) TO CC (COMMERCIAL CORE),
PURSUANT TO THE PROVISIONS OF THE “COMMUNITY PLANNING ACT”, FLORIDA STATUTES SECTION 163.3187, FOR LAND LOCATED ON THE EAST SIDE OF SW 10TH AVENUE, 391 FEET SOUTH OF WEST ATLANTIC AVENUE,
AS MORE PARTICULARLY DESCRIBED HEREIN, AND REZONING AND PLACING SAID LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO CBD (CENTRAL BUSINESS) DISTRICT; AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 19-12 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 Department, stated this is a Future land Use Map change from
Medium Density Residential (MD) to Commercial Core (CC) rezoning from RM (Multiple Family Residential) to CBD (Central Business District) for a 0.157 acre property located approximately
391 feet South of West Atlantic Avenue on the east side of S.W. 10th Avenue (35 S.W. 10th Avenue). Mr. Dorling stated it is owned by the CRA and all lots north of it up to West Atlantic
Avenue and this site is part of the site that is being proposed for redevelopment to a hotel. He stated this is the first part of that action. The hotel is proposed along Atlantic Avenue
and this would be support parking for that hotel. At its meeting of June 18, 2012, the Planning and Zoning Board held a public hearing and there were no concerns from the public and
no one spoke and the item was recommended approval unanimously with a 4 to 0 vote. Staff recommends approval. Mrs. Gray asked if there is a reason why we would not go ahead and do the
rest of the CBD block. Mr. Dorling stated this is a privately-initiated amendment for the future owner and developer of that hotel and it is limited to that lot at this time.
13 07/05/12 Mr. Carney moved to approve Ordinance No. 19-12 on FIRST Reading, 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. 12.B. ORDINANCE NO. 21-12: Privately-initiated amendment to the Land Development
Regulations to create Section 4.5.19, “Lintco Development Overlay District” and amend Section 4.4.9 “General Commercial (GC) District”, Subsection (G), “Supplemental District Regulations”
to limit the Floor Area Ratio (FAR) within the Lintco Development Overlay District, located at the northwest corner of Linton Boulevard and S.W. 4th Avenue. If passed, a public hearing
will be held on August 7, 2012. The caption of Ordinance No. 21-12 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 ENACTING A NEW SECTION 4.5.19, “LINTCO DEVELOPMENT OVERLAY DISTRICT”, TO CREATE A NEW OVERLAY DISTRICT; AMENDING SECTION 4.4.9, “GENERAL COMMERCIAL
(GC) DISTRICT”, SUBSECTION (G), “SUPPLEMENTAL DISTRICT REGULATIONS”, TO RESTRICT THE NONRESIDENTIAL DEVELOPMENT INTENSITY WITHIN THE LINTCO DEVELOPMENT OVERLAY DISTRICT; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-12 is on file in the City Clerk’s office.) The City Attorney read the caption
of the ordinance. Mr. Dorling stated this amendment will restrict the non-residential development intensity of the property within this area to a Floor Area Ratio (FAR) of 0.36 and then
it will create by definition the Overlay District for which the FAR will apply. He stated this is a follow-up to the Comprehensive Plan 2010-1 adopted by Commission on December 14, 2010.
Mr. Dorling stated there was a FLUM amendment change at that time from medium density to general commercial and a text amendment in the general commercial category that limited non-residential
development intensity to the same FAR 0.36. Mr. Dorling stated that intensity was set to insure that traffic concurrency could be achieved on the property at its maximum development
potential.
14 07/05/12 At its meeting of June 18, 2012, the Planning and Zoning Board recommended approval unanimously with a 4 to 0 vote. Mr. Frankel moved to approve Ordinance No. 21-12 on FIRST
Reading, 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. 12.C. ORDINANCE NO. 22-12: Privately-initiated amendment to the Land Development Regulations to create Section 4.5.20, “Waterford Overlay District” and amend
Section 4.4.25 “Special Activities District (SAD)”, Subsection (E) “Supplemental District Regulations” to limit the Floor Area Ratio (FAR) and residential density within the Waterford
Overlay District, located south of Linton Boulevard, east of I-95. If passed, a public hearing will be held on August 7, 2012. The caption of Ordinance No. 22-12 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 ENACTING A NEW SECTION 4.5.20, “WATERFORD OVERLAY
DISTRICT”, TO CREATE A NEW OVERLAY DISTRICT; AMENDING SECTION 4.4.25, “SPECIAL ACTIVITIES DISTRICT (SAD)”, SUBSECTION (E), “SUPPLEMENTAL DISTRICT REGULATIONS”, TO RESTRICT THE NONRESIDENTIAL
DEVELOPMENT INTENSITY AND RESIDENTIAL DENSITY WITHIN THE WATERFORD OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of
Ordinance No. 22-12 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 by the same applicant as the previous application and this will restrict a non-residential development intensity for this property to 1.32 FAR (Floor Area
Ratio) and then it will also reference a maximum residential density of 12 units per acre. Mr. Dorling stated this was also part of amendment 2010-1 adopted by the City Commission on
December 14, 2012 at which time a Future Land Use Amendment and associated text amendment for the property was initially considered. He stated the zoning was withdrawn and the land use
amendment went forward and there was a portion in the
15 07/05/12 text amendment which referenced a maximum FAR of 1.32 to meet traffic concurrency at its maximum development potential. At its meeting of June 18, 2012, the Planning and
Zoning Board considered this amendment and unanimously recommended approval with a 4 to 0 vote. Mr. Frankel moved to approve Ordinance No. 22-12 on FIRST Reading, 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.
12.D. ORDINANCE NO. 23-12: City-initiated amendments to the Land Development Regulations Section 2.4.3(K)(1) “Development Applications”; Section 2.4.3(K)(3) “Permit Fees” and Section
6.3.3 “Sidewalk Café” Subsection 6.3.3(A) “Permit and Fees” to provide for an increase in certain development application and permit fees and increasing the permit fee assessed per square
foot of approved sidewalk café space. If passed, a public hearing will be held on August 7, 2012. The caption of Ordinance No. 23-12 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 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION (K), "FEES",
PARAGRAPH (1), “DEVELOPMENT APPLICATIONS” AND PARAGRAPH (3), “PERMIT FEES”; AND SECTION 6.3.3, “SIDEWALK CAFÉ”, SUBSECTION (A), “PERMIT AND FEES” TO PROVIDE FOR AN INCREASE IN THE DEVELOPMENT
APPLICATION AND PERMIT FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 23-12 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 city- initiated amendment to the LDRs Section 2.4.3(K)(1)&(3)
which outlines the current fee schedules for “Development Applications” and “Permit Fees” as well as Section 6.3.3.(A) “Permit and Fees” for Sidewalk Cafés. Mr. Dorling stated previously
the Commission directed staff to periodically look at fees and to assess them as it relates to other communities and
16 07/05/12 municipalities, and that we do that on a semi-annual basis. Mr. Dorling stated the Planning and Zoning fees were raised last year. He stated in this amendment staff is adding
two additional fees; one relates to the Beach Overlay Review Fee and is handled by an outside agency (Urban Design) and they indicated that they would be charging $50.00 more and staff
has added that to the fee. Mr. Dorling stated the building fees were looked at and they have not been raised for a couple of years and the Building Department went out and looked at
adjacent municipalities including Boca, Boynton, Palm Beach Gardens, Deerfield, Pompano, West Palm, and Palm Beach. He stated this will bring the City’s fees in line with about the mid-range
of these municipalities. Mr. Dorling stated the Sidewalk Application Fee is being proposed to be raised from $4.50 per square foot to $4.75 per square foot raising a small amount of
revenue. At its meeting of June 18, 2012, the Planning and Zoning Board recommended approval unanimously with a 4 to 0 vote. Mr. Dorling stated no one spoke at that meeting and staff
recommends approval of these changes. Mr. Frankel moved to approve Ordinance No. 23-12 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. At this point, the time being 6:57 p.m., the Commission took
a short break and reconvened at 7:00 p.m. At this point, the time being 7:00 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. Mayor McDuffie declared the
public hearing open regarding the fiscal year 2013 proposed budget. 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), stated during the week he spoke to approximately 300 Delray Beach residents and informed them that he was going to present
to the Commission something that he believes they will want to hear. Dr. Kirson stated the number one response was “Where you moving to Doc?” Dr. Kirson stated they all thought it’s
time since property values did not decrease. Mayor McDuffie stated property values were up at preliminary .015% and they are now 2.2% down.
17 07/05/12 Dr. Kirson requested less than $1 million to go towards a 5% pay increase for every employee for the City of Delray Beach including the Mayor to the part-time employees.
He stated there should be about $19 million in the reserves and suggested taking $1 million out of there to fund this. Dr. Kirson stated the City has 12 Enterprise Funds and 12 Trust
Funds that total almost $12 million and with Commission vote some of this money that has been sitting there year after year can be removed and used for this item. Kevin Warner, 248 Venetian
Drive, Delray Beach, FL 33483, stated he has spoken previously and talked about the importance of looking at spending as non- essential services and essential services and has sent emails
to the Commission about this and about parking meters on the beach. Mr. Warner stated the only response he has received is from Commissioner Frankel. Mr. Warner stated he would like
to know how the Commission feels about this issue. He stated Mayor McDuffie attempted to answer his concerns when he stated the Commission has been working very hard on priority based
budgeting. Mr. Warner distributed copies of the document regarding priority based budgeting to the Commission. Mr. Warner stated he was informed by the City’s Finance Director that every
one of these items was ranked in one of four quartiles; quartile one had the highest congruity with Commission goals; quartile four has the lowest correlation with Commission goals.
He briefly discussed the priority based budgeting list. Mr. Warner asked the Commission why they believe that this spending on special events, tennis lessons and the teen center is more
important than what the Police Chief and the Fire Chief have asked for. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, thanked the Commission for a safe 4th
of July. Ms. Morrison stated there is no proposed budget on the website to comment on. She stated the police have cut almost $1 million out of their budget, fire and EMS have cut out
$1.6 million over the last 26 months out of their budget; parks are up to 18% of the City’s budget and that keeps growing while the essential services costs are being cut. Ms. Morrison
stated the Police and Fire budgets now exceed the ad valorem tax rate ($52 million a year) and the ad valorem taxes are about $46-$47 million range. There being no one else from the
public who wished to speak on the proposed budget, the public hearing was closed. 10.B. ORDINANCE NO. 16-12: Consider an amendment to Chapter 33 “Police and Fire-Rescue Departments”,
subtitle "Pensions", 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.
18 07/05/12 The caption of Ordinance No. 16-12 is as follows: 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. (The official copy of Ordinance
No. 16-12 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance and stated this ordinance was tabled at the last Commission meeting and there were
two items that were brought up by the Chair of the Police and Fire Pension Board where they had proposed the ordinance and staff made some modifications to it. The City Attorney stated
the Board had questions on two changes; one of the changes as far as the definition of earnings the City believes it is important to have a term in there whether it be “fiscal” or “calendar”
so that way there is a way to apportion what do you mean by year and when does the year start. Therefore, the City Attorney suggested that this language be left alone. The other item
is under Section 33.65 where Mr. Liguori brought up an item where he mentioned that he spoken to Trish Shoemaker from the Division of Retirement and in her opinion what the City was
proposing in the ordinance was not something that she concurred with. The City Attorney stated he received an opinion from Jim Linn saying that we are in compliance with State Statute
as far as putting the language that we have proposed in 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.
19 07/05/12 Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 16-12, the public hearing
was closed. Mr. Frankel stated he concurs with the City Attorney that there should be a definite date and another thing that was discussed at the last meeting was the length of the term
what was being proposed was 2 to 4 years and it did not seem like the Commission was comfortable with the four year terms for valid reasons. Mr. Frankel suggested that the term be for
3 years. He stated the Downtown Development Authority (DDA) is three years, the Neighborhood Advisory Council (NAC) is three years, and the Community Redevelopment Agency (CRA) is four
years. Also, Mr. Frankel stated when he was just reappointed by Commissioner Carney there was only one other applicant. Mrs. Gray asked if they go for a longer period of time and a Commissioner
does not get re-elected, would that time expire. The City Attorney stated if you are holding a spot because you are a Commissioner he thinks you would lose that but he would have to
look into this to see if that is the case. Mr. Carney stated he supports the 2 year term because we need to keep close eye on how the pension boards operate. He stated what this board
handles is such a big part of the City’s budget in terms of how it could impact it that he prefers the 2 years. Mr. Carney stated he also believes that we need some ascertainable standard
whether it is calendar year or fiscal year because that is defined term and he does not like ambiguity either. Mr. Jacquet stated his comments remain the same as the last time the Commission
discussed this. He stated with such an important task that we need to make sure that we have the best people available for that position. Mr. Jacquet stated this allows the Commission
to re-gage and take a look at who we have and how it is working. Therefore, Mr. Jacquet stated he supports keeping the term for 2 years. Mayor McDuffie stated it makes sense to leave
it as is and supports the 2 year term. Mrs. Gray moved to adopt Ordinance No. 16-12 on Second and FINAL Reading, seconded by Mr. Frankel. 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. 10.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. The caption
of Ordinance No. 20-12 is as follows:
20 07/05/12 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. (The official copy of Ordinance No. 20-12 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. Lula Butler, Director
of Community Improvement, stated this ordinance was before the Commission for first reading on June 5, 2012 and at that time the Commission passed Ordinance No. 20-12 and staff is back
today for a public hearing. Staff recommends approval of Ordinance No. 20-12 as presented. Mrs. Butler stated between October 1, 2011 and July 5, 2012 the City received 997 new business
tax receipt applications; 219 of those are home occupational licenses; total business tax receipts are a little over 4,300 plus another 2,200 for contractors that are located outside
of Delray Beach that must be registered each year. Mrs. Butler stated the City does not charge a fee to those who live outside of Delray Beach. Mayor McDuffie declared the public hearing
open. Mike Malone, President of the Chamber of Commerce, 64 S.E. 5th Avenue, Delray Beach, FL 33483, stated he presented the Commission with a letter from the Chamber and they acknowledge
that this is not a large tax but they suggest that as the Commission looks at their budget in the upcoming year and instead of passing a series of taxes or fees over a certain period
to look at it as one general package. Mr. Malone stated if the City knows what the expenses are going to be for the upcoming year the City could look at possible income sources to offset
those expenses. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483 (Chairman of the Financial Review Board), read a brief report into the record regarding the Financial
Review Board (FRB). Ms. Morrison stated it was noted on a City Commission meeting agenda that an increase in the business tax schedule was being presented and this took the FRB by surprise
because it was not brought to the board beforehand. She stated it was not discussed with the Chamber of Commerce or any of
21 07/05/12 the boards that go between the Chamber, the business leaders and the City. Ms. Morrison stated the FRB does not oppose the small increase and since the fee has not been raised
since 2008 and the rate schedule is in line with similar fees for Palm Beach County municipalities the FRB objects only to the process by which this increase is being sought because
since the fee schedules for all departments are being reviewed currently it would seem logical to view any proposed changes at the same time; the City has several boards and committees
currently in place with which the fee increases could possibly affect commerce, business, and other important aspects of the city economy. Ms. Morrison stated the FRB recommends a more
collaborative and holistic approach to fee increases before any fee increases are approved. In addition, Ms. Morrison stated Ordinance No. 20-12 does not state anywhere that should the
business tax payer violate any of the ordinances governing their business within the city that the city maintains and has the right to revoke that license. Immediately render it invalid
with no refund in fees or taxes. She stated language should be added to this ordinance even though such violations may be addressed elsewhere in city ordinances. 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), stated he does not understand why
the City is bothering the businesses for $38,000. Dr. Kirson stated the City paid $1.2 million for six pillars on Atlantic Avenue coming off I-95 he feels the Commission is throwing
away money all over the place. There being no one from the public who wished to address the Commission regarding Ordinance No. 20-12, the public hearing was closed. Mr. Frankel stated
he supports the increase because it is minimal and it has not been increased in four years and recently the City required all our special events to pay 100%. He stated approximately
100,000 people attended the 4th of July fireworks and everything associated with the event is not free and the City does these events weekly to bring people to our city. Mr. Frankel
stated to ask the business community to minimally contribution with this 5% increase is fine. Also, Mr. Frankel stated he acknowledges the Chamber’s letter as well as the Chair of the
FRB. Mr. Frankel stated there has been public input opportunities, the contribution level is minimal and reiterated that the fee has not been raised in four years. Mrs. Gray echoed comments
expressed by Commissioner Frankel and stated she supports the increase. She stated the City is using grant dollars for the public art that Dr. Kirson is referring too. Mrs. Gray stated
she is business owner and realizes that we have to be creative with bringing in more revenue besides the property taxes. Mr. Carney stated when the City is talking about raising fees
he feels they should be looked at in conjunction with all the other fees that may be looked at in a year. He stated the Chamber made a good point in their letter that we have to look
at things comprehensively. Mr. Carney stated on the other hand he looked at what some of the other cities are paying and our rates are not outrageous even with the 5% and these have
22 07/05/12 not been raised since 2008. He stated the cost in doing some of these have exceeded 5% in the last four years and supports the increase. Mr. Jacquet echoed comments expressed
by Commissioner Carney and supports the comments that Mr. Malone of the Chamber not to piecemeal this and making sure that it is comprehensive if we are going to raise fees. Mr. Jacquet
stated he understands that there has been no increase for four years and it is only 5% and for the business owners it is not going to be that hard of a hit. He stated he understands
the good that this brings but expressed concern over the way that we do business and does not want to set the wrong example that every time we have financial issues we can just raise
the fees one place. Mr. Jacquet stated there are a lot of events downtown and cleanup and all those things cost money. He stated the business community needs to contribute to that. Mr.
Jacquet stated the increase is long overdue and feels we are going about it the wrong way. Mayor McDuffie stated one of the things that the City has been doing for the last several years
is to take a look at our fee structure across the board. He stated the City has been looking at every fee in this city in this. Mayor McDuffie stated the City has tried to reach out
and touch the people the least way possible. Mayor McDuffie feels the City has been very fair in the ad valorem tax rates and in the fee structures. He stated he supports the increase.
Mr. Frankel moved to approve Ordinance No. 20-12 on Second and FINAL Reading, seconded by Jacquet. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mr. Jacquet – No;
Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with 4 to 1 vote, Commissioner Jacquet dissenting. 10.D. RESOLUTION NO. 27-12/CONTRACT FOR SALE AND PURCHASE/212
N.W. 14TH AVENUE: Consider approval of Resolution No. 27-12, a contract for sale and purchase, authorizing the City to sell the Neighborhood Stabilization Program property located at
212 N.W. 14th Avenue to Jesus Aguierre-Rueda and Maria Gomez for the purchase price of $53,600.00 or appraised value. The caption of Resolution No. 27-12 is as follows: A RESOLUTION
OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING
THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 27-12 is on file
in the City Clerk’s
23 07/05/12 office.) Lula Butler, Director of Community Improvement, stated this is a request to sell a neighborhood stabilization property located at 212 N.W. 14th Avenue to a Jesus
Aguirre-Rueda and Maria Gomez for $53,600.00 or the appraised value. Mrs. Butler stated for the last two years the City has been buying, acquiring, rehabilitating, and selling homes
under the Neighborhood Stabilization Grant ($1.9 million) that the City received two years ago. Mrs. Butler stated this grant has been matched by another $400,000.00 from the CRA. She
stated the City has purchased approximately 15 units and this house is the 8th one to be sold. Mr. Jacquet asked if this is being sold to Delray Beach residents. Mrs. Butler stated this
is being sold to Delray Beach residents. Mrs. Butler asked if being a Delray Beach resident is part of the criteria. Mrs. Butler stated this is not a criteria. Mayor McDuffie declared
the public hearing open. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, thanked Mrs. Butler for putting another house on the tax base roll expanding our tax
base. There being no one else from the public who wished to address the Commission regarding Resolution No. 27-12, the public hearing was closed. Mr. Carney moved to approve Resolution
No. 27-12, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr. Frankel – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr.
Carney – 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 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. Doug Smith, Acting City Manager, stated at the meeting of June 19, 2012, a concern was raised
from the Orange Leaf Yogurt Café regarding their request to add a customer counter with 4 bar stools and they had a concern about the requirement for contributing dollars towards additional
parking spaces. Mr. Smith stated the Planning and Zoning Department researched this item and noted that the Yogurt Café is part of a broad use category that includes delis, ice cream
store, etc. and they are allowed to have outside seating as part of a sidewalk café without having to provide additional parking spaces. He stated they are also classified as a retail
establishment which has a lower parking requirement than restaurants. Mr. Smith stated in LDR Section 4.6.9 it lays out
24 07/05/12 the requirements that for these types of establishments if it is not classified as a restaurant but qualifies for a sidewalk café and has no inside seating then they get
the lower parking requirement attached to that. Mr. Smith stated in this case they are asking for a small number of seats but if it were introduced there would be the potential for enforcement
issues as well with Code Enforcement in addition to conflicting with the LDRs. He stated if the City were to change that it could also create some concerns from restaurants that would
look at their situation from the other side seeing somebody that is getting an additional benefit. 11.B. From the Public. 11.B.1. Rosetta Rolle, 301 N.W. 3rd Avenue, Delray Beach, FL
33444, asked how many open space areas we have in Delray Beach, how large they are, and how many people will they accommodate. She stated at previous meetings she has asked for large
open spaces/public squares where people can sit and have lunch or read a book. Mrs. Rolle stated there is nothing that faces Atlantic Avenue as far as the library is concerned and noted
that everything is behind the building. She stated there is nothing at the Courthouse and it fronts Atlantic Avenue but does not look like a serious place. She stated she is going to
make a note of how many places that she would like to see upgraded. 11.B.2. 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), stated on June 5, 2012 he spoke about the tremendous waste of our tax dollars continuing to fight the Caron Foundation
lawsuit and he received no response. Dr. Kirson stated the Caron Foundation is putting up $4 million and the City does not have any money to put towards it. He stated the judge said
“you lose” but we are appealing the decision. Dr. Kirson commented about campaign contributions and stated if the Caron Foundation would come up with a huge campaign contribution the
City could settle this and be done with it. 11.B.3. Michael Malone, President of the Delray Beach Chamber of Commerce, expressed gratitude and commended City staff for the excellent
job on the 4th of July event. At this point, the time 7:50 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 Doug Smith, Acting City Manager, stated he is continuing to work through the budget review process and when the City Manager is back in town next week he will
be working with him to get the budget document ready to pass along to the Commission soon which will also be available on the website.
25 07/05/12 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 acknowledged former Commissioner
Weatherspoon for being in attendance this evening. 13.C.2. Mr. Carney For the record, Mr. Carney stated he never comments on pending litigation. Secondly, Mr. Carney stated although
Delray Beach did not win the All- America City Award, he was at a 4th of July event yesterday and someone in the crowd was talking about the major achievements that Delray Beach has
seen this year. He stated one of the people mentioned the Arts Garage and the second thing they said was the reading program that they instituted in Delray for the kids. Mr. Carney stated
although we may not have won it had a very positive impact on many people who knew exactly what we were trying to achieve. 13.C.3. Mrs. Gray Mrs. Gray asked if she could get an update
on the Full Service Center. She stated about 1½ years ago they had a workshop with the principal at Village Academy, some people from around the community, and the Commission. Mrs. Gray
stated the School Board is looking at possibly demolishing it for future plans for a field and track for the Village Academy. Secondly, Mrs. Gray stated July 20-22, 2012 the Roots Cultural
Festival is having their Youth Basketball Tournament and are bringing in teams from Baton Rouge, Louisiana, Gainesville and Miami. Lastly, with regard to the CDBG area that the Commission
voted on tonight a few weeks ago the Community Redevelopment Agency did an RFP and they cannot seem to find someone to redevelop these parcels of land. Mrs. Gray stated she would like
to see if it is possible to expand the CDBG area so that we can get some viable contracts or bids on this piece of property. She stated she suggested to the Planning Director about making
the southeast area of Atlantic Avenue consistent as well for future growth (the entire first block on West Atlantic Avenue and the third block on the southeast).
26 07/05/12 13.C.4. Mr. Frankel Mr. Frankel recognized Stephanie Immelman and the Delray Beach Marketing Cooperative for the work they did with the Travel Channel, Rand McNally and USA
Today for their “Best of the Road” competition. He stated Delray Beach is up for the “Most Fun Small Town” in the USA and the entire Commission came out to Old School Square for the
concert and the Mayor had some great comments. Mr. Frankel stated they put on a two day event for this news media and the exposure comes in the newspaper as well as international TV
is invaluable. Mr. Frankel extended kudos to Stephanie Immelman and all the partners to show what a great place we live in. Also, Mr. Frankel recognized Sarah Martin, Clean & Safe, the
explorers, etc. for the two day fireworks and 4th of July celebration and noted it was a great event. Mr. Frankel stated his nephew had a great time yesterday. 13.C.5. Mayor McDuffie
Mayor McDuffie stated he attended the All-America City conference and it was a disappointment not to win. However, Mayor McDuffie stated we learned some things that we probably should
have known before we worked our plan but there is a particular federal program that we were not involved in and he feels that is where our lack of knowledge came from. He stated there
was a term called “alignment” and before they ever got to announce who the winners were, it was very difficult to understand how this fit in third grade reading. Mayor McDuffie stated
it turned out to be a very important part of the judging. He stated the description of it is what we are looking to do in this third grade reading proficiency is to take out 501(3)(c)’s
who are doing Pre-K. Mayor McDuffie stated what this reading proficiency is headed for is to align the curriculum with the K-12 curriculum in the public schools so that these kids have
a seamless transfer out of the Pre-K programs into the K-12 programs and that is going to be a big part of what happens in the next All America City awards where they will award based
on your performance against your plan. Mayor McDuffie stated everyone learned a great deal about how to be successful next time and learned about something that they were judging on
that the City did not address at all and believes that the City will be much better poised for the next time around. He stated the sharing and networking there are invaluable and the
day after the conference the US Conference of Mayors adopted this program. Mayor McDuffie stated other than the speakers there was not one other elected official in the crowd at the
conference. He stated our people did a magnificent job and should be proud. Mayor McDuffie stated the City was constantly complimented throughout the entire conference regarding the
presentation. Secondly, Mayor McDuffie stated he is thrilled that tomorrow morning the City will sign the check to start the Digital Divide Project. He commended Sarah Martin and Stephanie
Immelman for the magnificent job with the 4th of July celebration. Mayor McDuffie stated he learned something afterwards and that is it was not two days for the Rand McNally people but
it was actually three and day three Stephanie entertained them all day in her home.
27 07/05/12 There being no further business, Mayor McDuffie declared the meeting adjourned at 8:02 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 July 5, 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.
July 5, 2012 City Commission Meeting; Item 9.A.
July 5, 2012 City Commission Meeting; Item 9.A.
WHEREAS, clowns are the ambassadors of joy and goodwill and bring happiness to both children and adults; and WHEREAS, on October 8, 1970, Public Law 91-443 under the 91st Congress, JJR
26 was passed by both the House and Senate to push for publicity for Clown Week; and WHEREAS, President Richard Nixon signed a joint resolution into law on August 2, 1971 to designate
the week of August 1st -7th as International Clown Week; and WHEREAS, charitable activities of clowns and the wholesome entertainment they provide for all of our citizens through special
events and activities such as performing volunteer shows are held in celebration; and WHEREAS, while International Clown Week is celebrated around the world, it’s only officially recognized
in the United States. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of August 1-7, 2012
as: INTERNATIONAL CLOWN WEEK in the City of Delray Beach, Florida, recognize clowns on their multitudinous contributions that enhance the lives of individuals and communities and invite
all residents to participate in the events of International Clown Week. 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 17th day of July, 2012. ____________________________ NELSON S. McDUFFIE MAYOR
MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast, Training and Development Manager THROUGH: Bruce Koeser, Human Resources Director David Harden, City Manager DATE: July 3,
2012 SUBJECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING OF JULY 17, 2012 RESOLUTION NO. 33-12 ITEM BEFORE COMMISSION Resolution honoring Robert Johnson, Crew Leader II, for 30 years
of service. BACKGROUND In accordance with the City’s service award policy, employees with 30 years of continuous full-time service are to be honored by the City Commission with a resolution
and plaque. Robert Johnson, Crew Leader II, achieved this milestone on June 7, 2012.
RESOLUTION NO. 33-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING ROBERT JOHNSON FOR THIRTY YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRAY BEACH. WHEREAS, Robert Johnson was hired by the City of Delray Beach as a Laborer I in the Parks Maintenance Division on June 7, 1982 and on June 7, 2012 reached a milestone
in his career, having achieved thirty years of fulltime service with the City; and WHEREAS, Robert Johnson was promoted to Equipment Operator within one month and promoted to Crew Leader
II on June 5, 1986 and has continued to serve his community in this position with honor and distinction; and WHEREAS, Robert has been in charge of the City cemetery maintenance for the
past twenty-six years and has held himself and his crew to the highest standards, displaying excellent customer service; and WHEREAS, Robert has established himself as a loyal, trusted
and committed employee to his department and the citizens that he serves; and WHEREAS, the City of Delray Beach and the Parks and Recreation Department are honored to have had Robert
as a valued member of the municipal team over the past thirty years and appreciate his continued service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Robert Johnson for thirty years of dedicated and faithful public
service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Robert Johnson for his many years of service, and wishes him the best
of health and happiness in his continued employment. PASSED AND ADOPTED in regular session on this the 17th day of July 2012. ___________________________________ MAYOR ATTEST: _______________________
___________ CITY CLERK
SERVICE AWARD Presented to Robert Johnson As a token of our esteem and gratitude for your 30 years of outstanding contributions and distinguished service to The City of Delray Beach
Parks and Recreation Department June 7, 1982 – June 7, 2012
MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Richard C. Hasko, P.E., Environmental Services THROUGH: David T. Harden, City Manager DATE: July 9, 2012
SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF JULY 17, 2012 ACCEPTANCE OF WATER EASEMENT/ABBEY DELRAY SOUTH ITEM BEFORE COMMISSION Acceptance of an exclusive water easement
deed for a new fire hydrant at Abbey Delray South. BACKGROUND Abbey Delray South is a senior living community located at 1717 Homewood Boulevard; just south of Linton Boulevard. See
location map. A fire hydrant will be installed to the rear of the newly constructed kitchen on this project. The fire hydrant installation is for compliance with Fire Department requirements.
The location of the hydrant is based on the proximity to an available water main. A water easement is required so that City crews can access and perform maintenance operations associated
with the new City maintained water main. RECOMMENDATION Staff recommends acceptance of the water easement deed.
MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: July
10, 2012 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF JULY 17, 2012 ACCEPTANCE OF RECLAIMED WATER EASEMENT DEED/LANE SUBDIVISION ITEM BEFORE COMMISSION Acceptance of a reclaimed
water easement deed for a new reclaimed water main at Lane Subdivision. BACKGROUND Lane Subdivision is a 1.24 acre property divided into four (4) residential lots, each with its own
address. This subdivision is located on Hammond Road, south of George Bush Boulevard and east of Andrews Avenue. See Location Map. Per City Ordinance 59.06 (C), connection to the City's
reclaimed water system for irrigation is mandatory if the City's reclaimed water system is available for connection. Since there is an existing reclaimed water main on Andrews Avenue,
Lane Subdivision is required to connect to the reclaimed water main on Andrews Avenue. A 4-inch line will be connected to the existing stub-out on Hammond Road and along the north side
of Hammond Road. Consequently, a 10-foot utility easement is required. RECOMMENDATION Staff recommends acceptance of the Reclaimed Water Easement Deed.
MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney/Police Legal Advisor THROUGH: City Attorney DATE: July 2, 2012 SUBJECT: AGENDA ITEM 8.C. -REGULAR
COMMISSION MEETING OF JULY 17, 2012 INDEPENDENT CONTRACTOR AGREEMENT/VINCENT MINTUS ITEM BEFORE COMMISSION This is an Independent Contractor Agreement between The City of Delray Beach
and Vincent Mintus. BACKGROUND This is an agreement between Vincent Mintus, in independent contractor, and The City of Delray Beach for Mr. Mintus to provide services to the City of
Delray Beach Police Department to conduct background investigations for prospective candidates for police officer and non-sworn police employment. This position will relieve overburdened
detectives of the responsibility of conducting additional background investigations. As an independent contractor, Mr. Mintus will not be entitled to participate in any pension plans
or other benefits provided by the City. FUNDING SOURCE Mr. Mintus will be paid $30.00 per hour by the Delray Beach Police Department. The total cost of services to be rendered will be
approximately $20,000.00. RECOMMENDATION The City Attorney's Office recommends approval.
EXHIBIT “A” GENERAL DESCRIPTION: Conduct thorough investigations into the backgrounds of prospective candidates for police officer and non-sworn police employment. Research, compile
and organize data, investigate discrepancies and/or questionable information to be presented to the Chief of Police. Work is performed under the general supervision of the Training Unit
Sergeant. MAJOR RESPONSIBLITIES: Interview applicants to obtain information regarding their work history, education, skills, etc., as required. Conduct comprehensive pre-employment background
investigation in accordance with the guidelines established by the Florida Department of Law Enforcement to include onsite interview as necessary. Compose, edit and compile investigative
reports, memorandums and other documentation related to background investigations. Review the application. Conduct personal interviews. Complete neighborhood checks. Contact previous
employment of applicant. Conduct a criminal records check. Conduct a driver’s license check. Verify all documents provided (citizenship, military, etc). Verify personal references and
educational background. Conduct a credit check.
MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney/Police Legal Advisor THROUGH: City Attorney DATE: July 9, 2012 SUBJECT: AGENDA ITEM 8.D. -REGULAR
COMMISSION MEETING OF JULY 17, 2012 TRAFFIC ENFORCEMENT AGREEMENT/SHERWOOD FOREST HOMEOWNERS ASSOCIATION ITEM BEFORE COMMISSION This is a Traffic Enforcement Agreement between The City
of Delray Beach Police Department and the Sherwood Forest Homeowners Association. BACKGROUND This Agreement will allow the Police Department to enforce state and local traffic laws on
the private roads of Sherwood Forest. The Agreement also mandates that the Homeowner Association comply with the speed limits set by Florida Statute and follow Department of Transportation
standards for traffic control devices. The Police Department feels that allowing enforcement of State and local traffic laws will enhance our presence in the area and have a more direct
impact on crime in that area. FUNDING SOURCE Sherwood Forest Homeowner's Association will pay the sum of $12.00 per year to the City of Delray Beach. RECOMMENDATION Approve.
MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden,
City Manager DATE: July 12, 2012 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF JULY 17, 2012 RESOLUTION NO. 34-12: FDOT/MAINTENANCE MEMORANDUM OF AGREEMENT ITEM BEFORE COMMISSION
This item is before the Commission seeking approval of Resolution Number 34-12 which authorizes the Mayor to sign the attached inclusive Maintenance Memorandum of Agreement (MMOA) with
Florida Department of Transportation (FDOT). BACKGROUND At the July 05, 2012 Commission meeting the attached MMOA was approved by Commission. The FDOT is requesting that a Resolution
be executed by the City of Delray Beach and included with this MMOA. Attached is the requested Resolution. RECOMMENDATION Staff recommends approval.
RESOLUTION NO. 34-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA APPROVING A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION TO PROVIDE FOR AN OVERALL UNIFORM LANDSCAPE MAINTENANCE AGREEMENT COVERING THE AREAS UNDER FDOT JURISDICTION IN THE CITY OF DELRAY BEACH; PROVIDING FOR CONFLICTS; PROVIDING
AN EFFECTIVE DATE WHEREAS, the City of Delray Beach Florida desires to approve the Maintenance Memorandum of Agreement with the State of Florida Department of Transportation to provide
for maintenance of landscaped areas that are located on property under FDOT jurisdiction but in the City of Delray Beach. WHEREAS, the City Commission authorizes the execution of the
Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the recitals set forth are incorporated as if fully set forth herein.
Section 2. The City Commission of the City of Delray Beach authorizes the entry in the Maintenance Memorandum of Agreement, related to Permit No.(s) 2007-L-496-0105, 2007-L-496-0006,
2009-L-496-0006, and future permits between the City and the Florida Department of Transportation and authorizes the execution thereof. PASSED AND ADOPTED in regular session on this
the ____ day of ______________, 2012. ___________________________________ M A Y O R ATTEST: ________________________ City Clerk
MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation Alberta Gaum, Recreation Superintendent THROUGH: David T. Harden, City Manager DATE: July
11, 2012 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF JULY 17, 2012 RESCIND BID AWARD TO SIMPLY THE BEST CHARTER ITEM BEFORE COMMISSION Request for Commission approval to
rescind the bid award to Simply the Best Charters, Inc. for bus rental and driver service for Parks and Recreation Department for the Youth Football Program, Summer Day Camp, Holiday
Day Camp, Special Events, Sport & Dance Competition, Over-Night/Weekend Trips, at an estimated annual cost of $45,989.00. BACKGROUND On May 15, 2012, Commission approved a bid award
to Simply the Best Charters, Inc. for bus rental and driver service for Parks and Recreation's camps and programs. Simply the Best Charter has been the service used by Parks and Recreation
Department for the last year. During that time they have been friendly and professional, however, the buses were not up to standard as documented in the attached emails. Bids for the
Bus Rental and Driver Service were received on April 25, 2012 from two contractors all in accordance with City purchasing procedures. Parks and Recreation recommended Simply the Best
Charters, Inc. because they were the lowest bidder and with the understanding that previous problems would be remedied. Due to problems which have arisen, such as late pickups, breakdowns,
infestation of roaches and money issues, Parks and Recreation would like to rescind the agreement with Simply the Best Charters, Inc. and re-bid for this service. RECOMMENDATION Parks
and Recreation recommends Commission approval to rescind the bid award to Simply the Best Charters, Inc.
MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: July 11, 2012 SUBJECT: AGENDA ITEM 8.G. -REGULAR
COMMISSION MEETING OF JULY 17, 2012 SPECIAL EVENT REQUEST /9TH FAMILY FUN DAY AT POMPEY PARK ITEM BEFORE COMMISSION City Commission is requested to approve the 9th Annual Family Fun
Day at Pompey Park, produced by the Parks and Recreation Department, proposed to be held August 18, 2012 at Pompey Park from 8:00 a.m. to 11:00 p.m. with outside activities ending at
10:00 p.m. Commission is also requested to approve staff support for security and traffic control, fire inspection, trash removal and clean up assistance, trash boxes, use of the large
City stage, and preparation and installation of event signage. BACKGROUND Attached are a special event permit application, site plan, budget, and activity schedule received from Gerrod
Bodie, Site Supervisor, for this event. Family Fun Day will host over 19 scheduled events and activities throughout the day. A few of the activities include health screenings, youth
and adult games, car show, best Griller and Baker contests, vendors and live entertainment. Parks and Recreation will be responsible for overall event management, vendor approval and
other site management tasks. Outside events will end at 10:00 p.m. due to being in a residential neighborhood. The Back 2 School Teen Jam, being held in the Pompey Park Gym, will continue
until 11:00 p.m. The estimated costs are as follows: staff assistance $4,917, stage rental $530, and trash box costs $123 for a total cost estimate of $5,570. Per Event Polices and Procedures,
since this is a City sponsored event, there are no charges for City services or equipment. Also, a Hold Harmless Agreement and Certificate of Insurance are not required. RECOMMENDATION
Staff recommends approval of the special event permit, staff support for security and traffic control, fire inspection, trash removal and clean up, providing trash boxes, setup and use
of the large City stage and event signage with outside activities ending at 10:00 p.m.
MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: July 12, 2012 SUBJECT: AGENDA ITEM 8.H. -REGULAR
COMMISSION MEETING OF JULY 17, 2012 SPECIAL EVENT REQUEST /ON THE AVE -ROOTS CULTURAL FESTIVAL FAMILY REUNION ITEM BEFORE COMMISSION City Commission is requested to approve a Special
Event Permit for On the Ave/Roots Cultural Festival Family Reunion scheduled for August 11, 2012 from 4:00 p.m. to 10:00 p.m. and to authorize staff support for security and traffic
control and fire inspection. This event will be held on property owned by the Delray Beach Community Redevelopment Agency on SW 7th Ave., SW 8th Ave., and SW 9th Ave. BACKGROUND Attached
are the special event permit request, site plan, budget, Economic Calculator and CRA/DBMC temporary use agreement for this event received from Sarah Martin, Executive Director of the
Delray Beach Marketing Cooperative. The estimate of overtime costs for this event is $2,226. Based on the event agreement, the DBMC is to pay the City 35% for all overtime costs for
an estimated charge of $780. RECOMMENDATION Staff recommends approval of the Special Event Permit and staff support for security and traffic control and fire inspection with payment
of costs to the City per the Special Event Policies and Procedures.
MEMORANDUM TO: Mayor and City Commissioners FROM: Jasm in Allen, Planner Paul D orling, AICP, D irector of Planning and Zoning THROUGH: City M anager DATE: July 12, 2012 SUBJECT: AGENDA
ITEM 8.I. -REGULAR COMMISSION MEETING OF JULY 17, 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 July 2, 2012 through July 13, 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 Site Plan Review and Appearance Board Meeting of July 11, 2012 A. Approved (4 to 1, Alice Finst dissenting and Mark Gregory and
Rustem Kupi absent), a request to amend the master sign program to add three new flat walls signs for the proposed Chase Bank located at the Delray Town Center, at the northeast corner
of Linton Boulevard and Military Trail (4775 Linton Boulevard). B. Approved with conditions (5 to 0), a Class II site plan modification and landscape plan associated with the construction
of additional parking, on-site vehicular circulation improvements, upgrading the landscaping and a new trash enclosure area for Villa Sobre Del Mar, located at the east end of SE 5th
Street, adjacent to the Intracoastal Waterway (628 SE 5th Street). Concurrently, the Board approved a waiver to LDR Section 4.6.16(H)(3)(d), which reduces the required a 5-foot wide
perimeter landscape strip between the off-street parking area and the abutting property to 4 feet. C. Approved with conditions (5 to 0), a Class III site plan modification, landscape
plan and architectural elevation plan associated with the conversion of an automotive repair facility to an office and retail center for 21 Drops Office Building, located at the northwest
corner of SE 6th Avenue and SE 3rd Street (290 SE 6th Avenue). Concurrently, the Board took the following actions: i. Recommend to the City Commission approval of a waiver to LDR Section
4.6.9(D)(4)(d), which reduces the required standard aisle width of 24 feet for normal traffic flow with perpendicular parking to 22 feet. ii. Recommend to the City Commission approval
of a waiver to LDR Section 6.1.3(B)(1)(f), which reduces the required 8-foot sidewalk along SE 3rd Street to 5 feet. iii. Approved a waiver to LDR Section 4.6.16(H)(3)(d), which reduces
the required 5-foot wide perimeter landscape strip, along the north side of the property to 1.33 feet and along the west side of the property to approximately 2 feet. Historic Preservation
Board Meeting of July 11, 2012 1. Approved with conditions (6 to 0, Annie Adkins Roof absent), a Certificate of Appropriateness for the construction of a new two-story single family
residence, guest cottage and tennis court at 605 Andrews Avenue, which is a part of an individually designated site known as “Fontaine Fox House”. 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: June 29,
2012 SUBJECT: AGENDA ITEM 8.J.1 -REGULAR COMMISSION MEETING OF JULY 17, 2012 CONTRACT AWARD/FLORIDA DOOR CONTROL ITEM BEFORE COMMISSION The Police Department requests approval to enter
into an agreement with Florida Door Control to upgrade the hardware for the Department’s Access Control System in the amount of $17,060. BACKGROUND The hardware that controls the access
panels to the exterior doors of the Police Department (the doors that require employee identification badges to enter) was given a Y2K patch in 1999 which allowed the system to continue
working through 2012. As of 1/1/13, the system will no longer function. This hardware upgrade will replace the necessary components to allow the system to continue functioning into 2013
and beyond. Florida Door is the current vendor of the Department’s access control system, so we would not recommend utilizing a different vendor to install component parts. Further,
they have reported that they are a sole source vendor for the current system (email and certificate attached). In order to thoroughly research the issue, the Department did contact an
alternate vendor (Control Communications) who reported they would not be able to complete the upgrades we need (instead, they proposed replacing the entire system. FUNDING SOURCE Funding
is budgeted for this purpose in the Department’s facility maintenance account: 001-2111-521-46.10. RECOMMENDATION The Police Department recommends approval.
Email: DATE 07-01-12 FAX ATTENTION: Client Email: All material is guaranteed to be as specified. All work to be completed in a workmen like manner according to standard practices. Any
alteration or deviation from specification involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. Agreements contingent
upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workers Compensation Insurance. Note:
This proposal may be withdrawn by us if not accepted within 45 days. Ted L. Hauser cell 904-219-7230 Sytem Upgrade $17,060.00 1 EA Upgrade Existing Panels with the Following Hardware:
1 EA PE ProWatch Server Software 1 EA PW6000 Controller 12 EA PW 6000 Two Reader Board 2 EA PW Enclosure 9 Board Capacity 2 EA Power Supply w/Battery Backup 2 EA PW Daisy Chain Cable
24 EA Noise Suppressors 2 EA Battery 1 EA Misc Parts & Materials Note: The above price includes cost of materials, warranty, applicable taxes and freight charges. PROPOSAL SUBMITTED
TO PHONE 561-243-7816 DATE OF PLANS Ed Flynn Standard contract terms Signature:______________________________________________ STREET Delray Beach, Florida 33444-3695 Delray Police Department
Access Control Expansion TH19055 Proposal Number CITY, STATE and ZIP CODE Delray Beach Police Department 561-243-7854 300 West Atlantic Avenue Date of Acceptance:____________________________________
See Below Payment to be made as follows: Signature:________________________________ Acceptance of Proposal-The above prices, specification and conditions are satisfactory and are hereby
accepted You are Authorized to do the work as specified. Payment will be made as outlined above. 30% Deposit, Remainder Upon Completion Cash & Check Sales Only PROPOSAL Florida Door
Control of Orlando, Inc 100 N. Hogan Street Jacksonville, FL 32202 1-800-321-6487 (FL Only) (904) 355-0979 FAX: 904-355-1230 tlhauser@bellsouth.net JOB LOCATION dungey@mydelraybeach.com
We Propose hereby to furnish material and/or labor--complete in accordance with specifications below, for the sum of: From Date 3-21-06 Visit us on the Web: www.fdc.com
1 | P a g e #1 Choice in South Florida’s for Service & Repair Marlo, For the current upgrade to your WSE(Honeywell) access control system we recommend using a company that specializes
in access control and Honeywell/WSE systems in particular. They would be able to expeditiously resolve the issues you are currently facing for the upgrades. We will be supplying you
with a quote for a new system. Please let me know if you need any additional information. Thanks, Janet Jones
MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services THROUGH: David Harden;
City Manager DATE: July 5, 2012 SUBJECT: AGENDA ITEM 8.J.2 -REGULAR COMMISSION MEETING OF JULY 17, 2012 CONTRACT AWARD/INTERCOUNTY ENGINEERING, INC ITEM BEFORE COMMISSION Request to
approve an award to Intercounty Engineering, Inc. in the amount of $82,998.00 for the annual Lift Station Rehabilitation program, P/N 2012-018. The lift station identified for this year’s
rehabilitation is #35. BACKGROUND The Public Utilities Department annually requests funding for the program to allow rehabilitation of stations exhibiting the most deterioration. This
year’s request is for rehabilitation of Lift Stations #35, located on the east side of Congress Ave, across from Old Germantown Road. In addition to rehabilitation of the station’s wet
well, complete replacement of the valve vault is required. The station is connected to the force main along Congress Avenue which is currently under design for emergency replacement.
The design is nearing completion, thus rehabilitation prior to the force main replacement is preferred. The City requested a quote from Intercounty Engineering, Inc. utilizing unit prices
from an active contract with Broward County, #Y608187B1 (on file at Public Utilities). Their quote is in the amount of $82,998.00. The scope of work includes by-pass pumping of the station;
furnishing and installing new stainless steel base plates, flanges, and gaskets; installation of break-away fittings and new pump guide rails with associated brackets; installation of
protective coating; and complete replacement of the valve vault with associated valves and piping. Break-away fittings and guide rails to be furnished by the City. Staff recommends award
Intercounty Engineering, Inc. for this project. They are pre-qualified for this type of work and their performance history on City projects has been above satisfactory. Upon approval
by City Commission, Intercounty Engineering, Inc. will execute a “Standard Form of Agreement between the City and Contractor”.
FUNDING SOURCE Funding is available from account #442-5178-536-68.15, Water and Sewer Renewal and Replacement/Lift Station Rehabilitation, after a budget transfer. RECOMMENDATION Staff
recommends award to Intercounty Engineering, Inc. in the amount of $82,998.00 for Lift Station Rehabilitation of station #35.
Date: 7/2/2012 Tasks description: (approx. 30 working days) Project Name: Lift Station #35 1 Install MOT. 1625, Congress Avenue 2 Install by‐pass system. Delray Beach, FL 3 Clean wetwell
with cleaner truck (6 hours) 4 Remove pumps, guide rail, guide rail brackets, base elbows and pump base. 5 Remove 6" riser pipe, fittings and horizontal pipe between the elbow and the
flange of the check valve. 6 Remove Wetwell and Valve Vault top slab with hatch 7 Remove fillet and install new fillet onthe bottom of the wetwell if needed 8 Remove check valve,plug
valve, pipe and fitting and pump out connection in the Valve Vault 9 Remove the existing Valve Vault (4 hours Foreman, 2 Labors and Backhoe) 10 Install the new valve vault with Hatch,
Bitumastic coating on the wall and floor external 11 Core drill holes for the new pipe, 3 in the valve vault and 2 on the wet well, for a total of 5. 12 Install the new wetwell top slab
with new hatch 13 Prepare the wet well and the valve vault for final coat 14 Install Sewpercoat in the wet well and the valve vault. 15 Install Base Elbows, provided by the City 16 Install
Guide rail and its brackets, provided by the City (4 hours Foreman and 2 laborers) 17 Install new 4" riser pipe, elbow and horizontal pipe in the wetwell 18 Install new 4" check valve,
plug valve, pipe and fittings and pump out connection in the Valve Vault 19 Install long sleeve and conect the flanged pipe from Valve Vault to exist forcemain 20 Apply epoxy coating
on the 4" DI piping 21 Restoration: prepare and install floratam sod (estimated 3 palets 1500 SF/9 = 166.66 SY). Item Description Qty Unit Unit Price SECTION 1 ‐GENERAL CONDITIONS 1.03
Mobilization for Routine Work Order over $25,000 1 EACH $2,444.00 $2,444.00 1.07 Provide Foreman 8 HOURS $65.00 $520.00 1.08 Provide Laborer/Crewman 16 HOURS $55.00 $880.00 1.09 Furnish
Combination Cleaner Truck 6 HOURS $225.00 $1,350.00 1.1 Provide Backhoe 1 DAYS $575.00 $575.00 1.16 Maintenance of Traffic (Allowance) 0.33 AL $2,000.00 $660.00 1.17 F&I Temporary Bypass
Pumps and Piping (Allowance) 0.55 AL $5,000.00 $2,750.00 1.18 Operate and Maintain Temporary Bypass System (Allowance) 0.5 AL $2,500.00 $1,250.00 SECTION 2 ‐DEMOLITION REMOVAL AND DISPOSAL
2.02 Demolition Slab over Wet Well or Vault >8" ≤12" Thick 100 SF $47.00 $4,700.00 2.03 Remove existing Iron Piping and Fittings in Wet Wells or Vaults 0.84 TON $3,800.00 $3,192.00 Proposal
INTERCOUNTY ENGIN EERING, INC . 1 92 5 NW 18 TH S TREET POMPANO BEACH, FL 3 3 06 9 TEL : (9 5 4) 9 7 2 -98 0 0 FAX: (9 5 4 ) 9 7 4-0 04 2 Page 1 of 3
2.04 Remove existing Iron Piping and Fittings below Grade, including Excavation, temporary Restraint, Backfilling, Compaction, and Restoration 0.1 TON $4,500.00 $450.00 2.06 Remove existing
Valves (10" and under) in Wet Wells or Vaults 5 EACH $800.00 $4,000.00 2.07 Remove existing Pump Base Ells and Rails 2 EACH $650.00 $1,300.00 2.12 Remove Fillet from Bottom of Wet Well
25 CF $30.00 $750.00 SECTION 3 ‐SITE WORK 3.09 F&I Floratam Sod 166 SY $5.00 $830.00 SECTION 4 ‐NEW AND REHABILITATED CONCRETE WORK 4.03 Core Hole in Concrete up to 12" thick (6" to
12" dia) 5 EACH $940.00 $4,700.00 4.09 F&I Wet Well Precast Top Slab with 2.5' x 4.5' Hatch (6' dia) 1 EACH $5,000.00 $5,000.00 4.13 F&I Wet Well Fillet 25 CF $30.00 $750.00 4.14 F&I
4.5' x 7.0' Precast Meter Vault 1 EACH $12,000.00 $12,000.00 4.17 Wet Well and Manhole Interior Surface Preparation 496 SF $3.50 $1,736.00 4.19 F&I Wet Well and Manhole Cementitious
Coating ‐Precast 496 SF $10.00 $4,960.00 4.2 F&I Epoxy Coating 38 SF $9.00 $342.00 4.21 F&I Bitumastic Coating 214 SF $3.00 $642.00 SECTION 5 ‐PIPING AND VALVES 5.01 F&I 4" FLG Plug
Valves with SS Accessories 3 EACH $1,500.00 $4,500.00 5.05 F&I 4" Check Valves with SS Accessories 2 EACH $1,400.00 $2,800.00 5.09 F&I 4" Pump Out Connection 1 EACH $2,500.00 $2,500.00
5.15 F&I 4" Flanged DI Piping 28 LF $68.00 $1,904.00 5.23 F&I Pump Base Elbow and County Supplies Pumps (4" 2 EACH $1,500.00 $3,000.00 5.27 F&I Well Wet Vent 1 EACH $750.00 $750.00 5.34
F&I DIP Force Main Fittings and Accessories 219 LBS $5.00 $1,095.00 5.42 F&I Connection to Existing Force Main ‐6" 1 EACH $4,800.00 $4,800.00 5.46 F&I Flanged DIP Fittings 978 LBS $6.00
$5,868.00 TOTAL ITEMS 1.01 THRU 5.46 (ONE (1) YEAR) $82,998.00 CALCULATIONS 2.03 Remove existing Iron Piping and Fittings in Wet Wells or Vaults 3 each 6"x4" fl reducer= 3x45lbs=135lbs
Note: 2each 6"x8' fl DIP= 2x188lbs=376lbs NOTE: The weight used for this calculation was taken 2each 6"x2' fl DIP= 2x68lbs=136lbs from Pipe Economy CLOW book from 1991 because 2each
6"x1' fl DIP=2x34lbs=68lbs the removed pipe is an old pipe. 1each 6"x4' fl DIP=2x94=188lbs 3each 6" fl 90 degree bend=3x55lbs=165lbs 2each 6" fl DI Tee=3x95lbs=285lbs 1each 4" fl DI
Tee=60lbs 15 each 6" flange accessories=15x15lbs=225lbs 4 each 4" flange accessories=4x10lbs=40lbs Total: 135+376+136+68+188+165+285+60+225+40=1678lbs/2000=0.840 Tons Page 2 of 3
4.17 Wet Well and Manhole Interior Surface Preparation WW perimeter=2xpixr=2x3.14x3'=18.84' WW walls=18.84'x12'=226 SF WW floor &ceiling=(3.14x3x3)x2=56.52 WW area=226+56.52=282.52 VV
Walls=(9+6.5)2x5'=155SF VV floor= 9'X6.5'=58.5' Total area to prepare and sewpercoat=496.02 4.2 F&I Epoxy Coating 4" perimeter = 2x3.14x0.167=1.047' 4" pipe and fittings =2(10'+8')=36
Total area of pipe & fittings to paint=1.047x36'=37.69 SF 4.21 F&I Bitumastic Coating VV Walls=(9+6.5)2x5'=155SF VV floor= 9'X6.5'=58.5' Total area of valve Vault external to paint =
155'+58.5'= 213.5 5.34 F&I DIP Force Main Fittings and Accessories 1each 4" MJ long sleeve= 45lbs 1 set Bolt & accessories=10lbs 2each 4" Megalug w accy=2x12=24lbs 10 LF of 4" DI pipe
= 10x14=140lbs Total:45+10+24+140=219lbs 5.46 F&I Flanged DIP Fittings 2each 4"x9'fl DIP=2x141.6=283.2lbs 3each 4'x2'fl DIP=3x50=150lbs 4each 4" FL DI 90 Degree Bend=4x45=180lbs 2each
4" FL DI tee=2x65=130lbs 1each 6"x4" FL DI reducer=45lbs 19 each 4" flange accessories=19x10lbs=190lbs Total: 283.2+150+180+130+45+190=978.2 Note: This quote and pricing is per the Broward
County Contract unit items, Contract # Y608187B1. At this time the subject contract is still in effect and good thru July 17, 2012. From January, 2012, the County has keep on extending
the subject contract on monthly basis. Intercounty is still waiting on few more work orders from the county in the coming months. Therefore Intercounty expects that, the county may extend
the contract a minimum of till end of September 2012. However our understanding is that, the County has to approve the funds only while the yearly contract is in effect. The actual site
work can carry out based on the time stipulated in the work directives, which can be even after the contract expiration date. Page 3 of 3
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: July 6, 2012 SUBJECT: AGENDA ITEM 8.J.3 -REGULAR COMMISSION MEETING OF JULY 17, 2012 PURCHASE AWARD/FLUID CONTROL SPECIATIES, INC. ITEM BEFORE COMMISSION
Request an award to Fluid Control Specialties, Inc. in the amount of $19,606.00 for the purchase and delivery of two replacement filter backwash valves for the City’s Water Treatment
Plant. Fluid Control Specialties, Inc. is the current manufacturer’s supplier of the originally installed valves. BACKGROUND Last October 2011, the Water Treatment Plant staff dealt
with a broken drain valve at one of its eight filters. Fortunately, staff was able to isolate the particular filter and successfully conduct operations with the filter taken out of service
until a new valve was purchased for replacement, which required a minimum two months for shipment and delivery. This situation caused staff to re-evaluate other critical valve components
at the plant. With similar concerns due to the age of the infrastructure, they identified the backwash valves as critical to operations. The valves used during backwash operations, 24”
butterfly valves (total of eight, one at each filter), were installed between 1972 and 1982 during major plant upgrades. To conduct backwash operations, the valve on the filter being
backwashed is open while all the other valves at the other filters are closed. If any one of the valves is damaged where the other filter valves cannot be closed and isolated, backwash
operations cannot occur. This will eventually cause increased turbidity conditions in system, negatively impacting drinking water quality. The original drain valves, which were manufactured
by “BIF”, have been out of production since 1985. Fluid Control Specialties, Inc. (FCSI) is the regional supplier of valves for replacement of those manufactured by BIF, now being manufactured
by DeZurik. Since there is a 6 to 8 week lead time for shipping a valve once a purchase order is secured, staff is recommending purchase of two valves to have on hand in case of a valve
failure. The actual valve replacement is beyond the capabilities of in-house resources, thus the labor, material and equipment associated with replacement will be through a separate
bid. FCSI provided a quote in the amount of $9,803 for a 24” pneumatically operated butterfly valve,
manufactured by DeZurik, as a direct replacement to the originals manufactured by BIF. Staff's request is to purchase two (2) valves at a cost of $19,606. The labor, material and equipment
associated with the removal and installation of the two valves would be through a separate bid. To deal with some of the aging infrastructure at the WTP, staff will develop maintenance/replacement
programs for critical components and incorporate them into the annual Water and Sewer Capital Improvement Program. FUNDING SOURCE Funding is proposed from account #442-5178-536-64.90,
Water and Sewer Renewal & Replacement Fund/Other Machinery and Equipment, in the amount of $19,606.00, after a budget transfer. RECOMMENDATION Staff recommends award to Fluid Control
Specialties, Inc. in the amount of $19,606.00 for the purchase and delivery of two valves for the Water Treatment Plant.
FLUID CONTROL SPECIALTIES 2716 N. FINANCIAL COURT SANFORD, FL. 32773 Ph: 407-302-5611 Fax: 407-302-5612 Email: richard.geibert@fluidcontrolspec.com 7/9/2012 Delray Beach Scott Solomon
Scott, 1-24” DeZURIK Flanged AWWA BFV with EPDM seat, 150B, CI body and DI disc, Epoxy lined, 304ss shaft with K-Tork Double Acting Pneumatic operator sized at 150 psi line pressure,
no extended bonnet, 3-15 psi pneumatic positioned, Internal I/P converter to 4:20mA signal and inline speed control, sized at 80 psi available air or greater. $9,803.00 net each Freight
is Included 8 weeks to ship Please make the Purchase Order out to Fluid Control, not DeZurik. Sincerely, Rich Geibert
MEMORANDUM TO: Mayor and City Commissioners FROM: Kevin Rumell, Fleet Superintendent Richard C. Hasko, P.E. Director of Environmental Services THROUGH: David T. Harden, City Manager
DATE: July 9, 2012 SUBJECT: AGENDA ITEM 8.J.4 -REGULAR COMMISSION MEETING OF JULY 17, 2012 PURCHASE AWARD/EMERGENCY VEHICLE SUPPLY (EVS) ITEM BEFORE COMMISSION City Commission is requested
to approve the installation of police lighting and equipment in fourteen (14) Police Department Patrol replacement vehicles from Emergency Vehicle Supply in the amount of $131,321.40.
BACKGROUND Purchase of fourteen (14) replacement Police Patrol cars was approved by Commission on July 5, 2012. As this is a new model Police Car this year, extensive work and research
was required to develop the equipment package recommendations for these fourteen Patrol cars. Our Police Department’s design consultant has worked closely with this vendor, Emergency
Vehicle Supply, to design and configure the equipment for these Patrol cars. FUNDING SOURCE 501-3312-591-64.20 (Garage Fund/Machinery Equipment/Vehicle Replacement) RECOMMENDATION Central
Garage recommends the award to Emergency Vehicle Supply in the amount of $131,321.40 for the installation of Police lighting and related equipment in fourteen (14) Police Patrol vehicles.
Quotation Good Thru 8/31/12 Quote Number: 13961 Quote Date: Jul 6, 2012 PO Number Quoted to: DELRAY BEACH PD 300 W. ATLANTIC AVE KEVIN RUMMEL DELRAY BEACH, FL 33444 Customer ID Payment
Terms Page: DELRAY BEACH PD Net 30 Days 1 Quantity Item Description Unit Price Extension EQUIPMENT TO BE PAID FOR AT TIME OF EQUIPMENT DELIVERY. INSTALLATIONS WILL BE BILLED AS VEHICLES
ARE BUILT. 14.00 MISCELLANEOUS_ DELRAY BEACH PD 2012 FORD 7,885.10 110,391.40 POLICE INTERCEPTOR EQUIPMENT 14.00 INSTALLATION_ CUSTOM INSTALLATION AT EVS 1,495.00 20,930.00 POMPANO BEACH,
FL FACILITY Total 131,321.40 Sales Tax Subtotal 131,321.40 OPEN 682499 OPEN 682499 2251 Hammondville Road Pompano Beach, FL 33069 Tel. 954-428-5201 * Fax 954-428-5202 Email: Accounting@1EVS.com
or Sales@1EVS.com
MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: July 10, 2012 SUBJECT: AGENDA ITEM 8.J.5 -REGULAR
COMMISSION MEETING OF JULY 17, 2012 PURCHASE AWARD/WW SOD & EQUIPMENT COMPANY ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of one (1) 2008 used Toro 3500D
Rotary Mower Sidewinder with three (3) Rotary Decks and one (1) 2007 used Toro RM5510 Fairway Mower with Groomers and Canopy Top in the amount of $27,500 from WW Sod & Equipment Company.
BACKGROUND The golf course management staff is recommending the purchase of the above listed used equipment to replace existing equipment. Attached is further information on the propsed
equipment indicating model, year, engine hours and a cost comparison to the purchase price for new equipment ($27,500 used versus $78,000 new). Existing equipment to be replaced or placed
in reserve back up position are as follows: The equipment to be purchased is as follows: Quantity Item Year Engine Hours Note 1 Jacobson Textron Reel Mower, Serial 1994 5,807 Chassis
is rusted out & frequently in for repairs 1 John Deere Rough Slope Mower 2004 6,746 Will be used as a spare Quantity Item Year Engine Hours Price 1 Used Toro 3500D Rotary Mower Sidewinder
2008 2,213 $14,000 1 Used Toro RM5510 Fairway 2007 1,940 $13,500
Mower with Groomers and Canopy Top TOTAL COST: $27,500 FUNDING SOURCE Funding is available in account 445-4761-572-64.90, Other Machinery and Equipment. RECOMMENDATION Staff recommends
the purchase award to WW Sod & Equipment Company in the amount of $27,500 for the purchase of one (1) used Toro sidewinder mower and one (1) used Toro fairway mower.
MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: July 11, 2012 SUBJECT: AGENDA ITEM 9.A. -REGULAR
COMMISSION MEETING OF JULY 17, 2012 RESOLUTION NO. 31-12 ITEM BEFORE COMMISSION This item is before Commission to approve renaming 5th Avenue Plaza as The Elizabeth "Libby" Jackson Wesley
Plaza. RECOMMENDATION Approve Resolution No. 31-12.
RESOLUTION NO. 31-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING ELIZABETH “LIBBY” WESLEY BY NAMING THE 5TH AVENUE PLAZA IN DELRAY BEACH, FLORIDA,
“THE ELIZABETH “LIBBY” JACKSON WESLEY PLAZA,” PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach
desires to recognize and honor Elizabeth Wesley, fondly known as “Libby,” for her longtime, outstanding and exemplary dedication to the City of Delray Beach; and WHEREAS, Elizabeth Wesley
was born in Defuniak Springs, Florida and has made Delray Beach her home since 1958; WHEREAS, Elizabeth Wesley, co-founded the Roots Cultural Festival, a celebration of black heritage,
thirty-four years ago; she cultivated the organization from a one-day event to an attraction that provides year-round programs, which include cultural, educational and athletic programs,
and; WHEREAS, Elizabeth Wesley is highly respected as a retired educator with the Palm Beach County School District, where her advocacy for children is widely recognized and respected
for her contributions in the field of early childhood development and childcare services; and is often asked to give her expert advice and information to legislators, businesses, and
parents’ organization; and WHEREAS, Elizabeth Wesley is a devoted community activist, volunteering and serving on multiple committees, and task forces; and has been the recipient of
numerous awards for her lifelong contributions in the areas of volunteerism and leadership. Some of her prestigious awards include, Old School Square Life Achievement, Delray Beach Rotary
Service Above Self, Sojourner Truth, Living History, Jefferson awards and the prestigious African-American Achiever’s award from JM Family Enterprises and the very coveted Publisher’s
Award from the Sun-Sentinel. WHEREAS, the City Commission desires to name the 5th Avenue Plaza in honor of Elizabeth Wesley by so dedicating it as “The Elizabeth “Libby” Jackson Wesley
Plaza”.
2 RES. NO. 31-12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission of the City Delray Beach recognizes
Elizabeth Wesley for her leadership, dedication, innovation, service and loyalty to the City and the Community for over forty (40) years. Section 2. The City Commission shall honor Elizabeth
Wesley by naming the 5th Avenue Plaza in Delray Beach, Florida, “The Elizabeth “Libby” Jackson Wesley Plaza”. Section 3. That this resolution shall become effective immediately upon
its passage. PASSED AND ADOPTED in regular session on this the ___________ day of _____________________________, 2012. ___________________________________ M A Y O R ATTEST: __________________________
_______ City Clerk
MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: July 11, 2012 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF JULY 17, 2012 SETTLEMENT
AGREEMENT AND CONSENT ORDER: CARON FOUNDATION OF FLORIDA, INC. ITEM BEFORE COMMISSION Proposed settlement regarding the lawsuit between the City and Caron Foundation. BACKGROUND Caron
Foundation filed a lawsuit against the City claiming the City violated the Fair Housing Act and the American’s with Disabilities Act based on a denial of a reasonable accommodation request
and the enactment of certain zoning ordinances. Caron also moved for preliminary injunctive relief regarding its reasonable accommodation request. On May 4, 2012 the Court granted, in
part, Caron’s motion for preliminary injunctive relief. After the order was issued Caron and the City met several times to discuss a possible resolution of the case. As a result of those
meetings, the attached settlement agreement is before you for your consideration. The agreement provides that Caron: -shall have no more than 2 houses in the City -while not required,
shall pay its property taxes to the City (minus the school portion) -may relocate its second Ocean Drive house, once -have no more than 6 people in the second Ocean Drive property and
8 in the first Ocean Drive property -have no more than 4 vehicles in the driveway of either property for more than 12 hours continuously -report the turnovers in occupancy for both properties
on an annual basis and comply with City ordinance 29-09 regarding turnovers The agreement also provides for a modified code enforcement procedure as well as a dispute resolution process
to be followed. Caron’s attorney has estimated that their total fees, costs, and damages, through trial, would be in the neighborhood of $950,000.00 based on fees, costs and damages
awarded in cases with similar claims. RECOMMENDATION Approve the Settlement Agreement.
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: June 25,
2012 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF JULY 17, 2012 CONTRACT AWARD/FOSTER MARINE CONTRACTORS, INC. ITEM BEFORE COMMISSION This item is before the Commission to
approve/authorize Mayor to execute a contract with Foster Marine Contractors, Inc. for the construction of swales in the Lake Ida neighborhood. The cost of this contract is $84,445.00.
BACKGROUND This project consists of the construction of 6” deep roadside swales for roadways in the Lake Ida Neighborhood as follows: NW 7th St. NW 5th Ave. NW 3rd Ave. NW 12th St. Staff
is recommending award of this contract to the second lowest bidder, Foster Marine Contractors, Inc. in the amount of $84,445. The lowest bidder is Devland Site, Inc. with a proposal
of $66,356.30. In reviewing the low bidder's qualifications, the following concerns were identified. 1. Devland received a poor reference from the City of Lake Worth 2. Their License
is Active but currently in probation. 3. They failed to demonstrate swale grading and construction experience. Their experience is predominantly dredging and demolition. Foster Marine
has performed satisfactorily for the city on recent infrastructure construction projects and is currently prequalified with the city in roadway, paving, underground and lift station
concstruction categories. The price difference between the two lowest proposals is $18,088.70. Based on the foregoing concerns regarding Devland Site, Inc., staff recommends award of
the swale construction contract to Foster Marine Contractors, Inc. in the amount of $84,445.00. Attached are the bid tabulation, and location map.
FUNDING SOURCE Funding is available from Account number 448-5461-538.46-43 RECOMMENDATION Staff recommends waive award of the contract to the lowest bidder (Devland Site, Inc.) due to
the anomalies in their references, License, and lack of experience with Swales, and award the contract to the most responsive bidder (Foster Marine Contractors, Inc.) for the construction
of swales at Lake Ida neighborhood.
Lake IdaSwales Project Bid No. 2012-27 Bid Tabulation ITEM ITEM EST NO. DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 Maintenance of traffic
LS 1 $3,000.00 $3,000.00 $4,000.00 $4,000.00 $2,400.00 $2,400.00 2 Mobilization/Demolition LS 1 $3,000.00 $3,000.00 $4,200.00 $4,200.00 $1,800.00 $1,800.00 3 Clearing & Grubbing LS 1
$28,000.00 $28,000.00 $18,750.00 $18,750.00 $2,400.00 $2,400.00 4 Roadside Swale Grading SY 4262 $0.65 $2,770.30 $6.00 $25,572.00 $12.00 $51,144.00 5 Sodding SY 4262 $3.00 $12,786.00
$4.00 $17,048.00 $4.20 $17,900.40 6 Addl Pavement Removal(Included in Itm 3) LS 1 $3,000.00 $3,000.00 $1,500.00 $1,500.00 $4,800.00 $4,800.00 7 Right of Way Staking Survey LS 1 $3,300.00
$3,300.00 $2,875.00 $2,875.00 $2,400.00 $2,400.00 8 landscaping allowance LS 1 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 9 Utilty allowance LS 1 $2,000.00 $2,000.00
$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 $500.00 $500.00 11 Contangetions LS 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00
$5,000.00 $66,356.30 $84,445.00 $93,344.40 Devland Site, Inc. Foster Marine Contractors, Inc. West Cosntruction, Inc. Total Evaluated Bid Lake Ida Swales Project Bid No. 2012-27 S:\EngAdmin\Projects\
2012\12-010\BUDGET\bid tab2012-27 6/25/2012
MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: July 13, 2012 SUBJECT: AGENDA ITEM 9.D. -REGULAR
COMMISSION MEETING OF JULY 17, 2012 PRIORITY BASED BUDGETING PRESENTATION ITEM BEFORE COMMISSION The item before Commission is a presentation of the results of the Priority Based Budgeting
process. This will be an additional tool which can be used to make informed decisions about the FY 2013 budget. BACKGROUND At the June 21, 2011 Regular Meeting, the Commission approved
a proposal for services from the Center for Priority Based Budgeting which included implementation of their Priority Based Budgeting Process which involves an extensive, systematic process
of ranking and prioritizing budget programs. The first part of the process involved determining the results that the budget programs would be measured against. For this process, the
City Vision Statement was used to arrive at the following Community Results: -World Class Beach -Vibrant Downtown -Diverse Local Economy -Community of Quality Neighborhoods and Schools
-Abundant Recreational and Cultural Opportunities -Community Where People Embrace Cultural Diversity As part of the Priority Based Budgeting process, the Commission was invited to participate
in an exercise to invest a sum of $500 in the Community Results to determine the prioritization that they felt was important. The $500 exercise is also available for the public participation
in the Open City Hall Forum section of the City website. More administrative-related programs were rated against a separate set of Governance Results (such as supporting decision making
and developing a high-quality and dedicated workforce). Results maps are attached showing the Community and Governance rating criteria. The Results maps incorporate the associated Goals
from the City Commission's Strategic Planning Process.
Budget programs were also rated against a series of program attributes: whether the service is mandated to be provided, reliance on the City to provide the service, cost recovery, and
whether the demand for the services has changed. Following the creation of the Results for rating budget programs, departments scored their programs; City staff then participated in
a peer review process to review the departmental ranking. The Center for Priority Based Budgeting has incorporated the results of the departmental scoring and peer review into their
priority budgeting model. Staff will present an interactive demonstration of the Priority Budgeting Resource Allocation Tool which provides information regarding the ranking of budgetary
programs that can be analyzed as part of the budget review process.
Center for Priority Based Budgeting Leading Communities to Fiscal Health and Wellness Identify and Define ResultsPrinciplesMeansCommissions’ Goals
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 10, 2012 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF JULY 17, 2012 APPOINTMENTS
TO THE FINANCIAL REVIEW BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Financial Review Board. BACKGROUND The terms for regular members,
Mr. Brian Wood and Ms. Luise Piane will expire on July 31, 2012. Mr. Wood will have served an unexpired term, is eligible and would like to be considered for reappointment. Ms. Piane
will have served one (1) full term, is eligible and would like to be considered for reappointment. Secondly, there are vacancies for one (1) regular member due to the resignation of
Mr. Alan Weitz and one (1) alternate member due to the resignation of Ms. Patricia Maguire. The terms are unexpired ending July 31, 2013. The resignation letters are attached for your
review. Appointments are needed for three (3) regular members and one (1) alternate member. However, there are only three (3) applicants at this time. 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:
Applicants with experience in the professions required: Jeremy Office Associate Director/Wealth Management Advisor MBA Luise Piane Executive Management/Retired Incumbent Brian Wood Director/Senior
Manager/Finance Incumbent 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 Mayor McDuffie (Seat #5) and Commissioner Jacquet (Seat #2) for two (2) regular members to serve two (2) year terms ending July
31, 2014. Commissioner Frankel (Seat #3) will make an appointment for one (1) regular member to serve an unexpired term ending July 31, 2013. RECOMMENDATION Recommend appointment of
two (2) regular members to serve two (2) year terms ending July 31, 2014, and one (1) regular member to serve an unexpired term ending July 31, 2013.
FINANCIAL REVIEW BOARD 06/12 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/14 Unexp Appt 03/20/12 reappt 07/05/12 Brian Anderson Director of Communications 07/31/14 Unexp Appt 06/05/12
+ 2 Yrs RosaTorres-Tumazos Business Strategy Consultant 07/31/13 Unexp Appt 04/05/11 Reappt 06/21/11 John Hallahan, Chair Assistant Director of Operations/Retired P.E. 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 Public Relations/Editor Contact: Barbara
Flynn X-7115 S/City Clerk/Board 12/Financial Review Board
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 10, 2012 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF JULY 17, 2012 APPOINTMENTS
TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Public Employees Relations Commission. BACKGROUND
The term for regular member, Mr. Edward Desmond, will expire on August 1, 2012. Mr. Desmond will have served one (1) full term, is eligible and would like to be considered for reappointment.
Additionally, there is a vacancy due to the resignation of alternate member, Mr. Jeffrey Ruthizer. Appointments are needed for one (1) regular member to serve a four (4) year term ending
August 1, 2016, and an alternate member to serve an unexpired term ending June 30, 2014. Pursuant to Section 35.032 (A)(1)(a) of the City Code of Ordinances; the Commission shall be
composed of three (3) members and one (1) alternate to be appointed by the City Commission. Members of the local Commission established pursuant to this division shall be appointed so
that the composition of the local Commission is as follows: One appointee who is a person who, on account of previous vocation, employment or affiliation, is, or has been, classified
as representative of employers; one appointee who is a person who, on account of previous vocation, employment or affiliation, is, or has been, classified as representative of employees
or employee organizations; and all other appointees, including alternates, shall be persons who on account of previous vocation, employment or affiliation, are not or have not been classified
as representative of employers or of employees or employee organizations. Neither the Chairperson nor any member shall be employed by, or hold any commission with, any governmental unit
in the state or any employee organization while serving in that office. The appointee need not be a resident of the City of Delray Beach. 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 by Commissioner Frankel (Seat #3) for one (1) regular member to serve
a four (4) year term ending August 1, 2016. Commissioner Gray will make an appointment for one (1) alternate member to serve an unexpired term ending June 30, 2014. RECOMMENDATION Recommend
appointment of one (1) regular member to serve a four (4) year term ending August 1, 2016, and one (1) appointment for one (1) alternate member to serve an unexpired term ending June
30, 2014.
PUBLIC EMPLOYEES RELATIONS COMMISSION (PERC -4 Year Term) 07/10 TERM EXPIRES MEMBERS CLASSIFICATION REPRESENTING OCCUPATION 08/01/2012 Appt 05/21/02 alt Reappt 06/20/06 alt Appt 07/15/08
reg Edward Desmond, Chair Employer Retail/Business Owner 01/29/2014 Unexp Appt 08/05/08 alt Unexp Appt 05/25/10 reg David Haycock Neutral Liability Claims Adjuster 06/30/2014 Appt 05/25/10
Paula Aridas Employee Shop Steward ALTERNATE 06/30/2014 Vacant Neutral GENERAL COUNSEL Secretary Jennifer Appointed by PERC 09/13/91 I. Jeffrey Pheterson, Esq. Contact: Venice Cobb 243-7056
S/City Clerk/Board 10/PERC
PUBLIC EMPLOYEES RELATIONS COMMISSION EXHIBIT A CLASSIFICATION REPRESENTING Carol Anderson Employer Kristin Christensen Employer Edward Desmond Employer Incumbent Philip Friedman Neutral
(also applying for the Education Board) Yvonne Walker Neutral
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 10, 2012 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF JULY 17, 2012 APPOINTMENTS
TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Education Board. BACKGROUND The terms for regular members Mr. Jose Herrera,
Ms. Derline Pierre-Louis, Ms. Claudia Flores, Ms. Debra Kaiser and Ms. Angela Burns, will expire on July 31, 2012. Ms. Pierre-Louis will have served two (2) full terms and is not eligible
for reappointment. Mr. Herrera and Ms. Burns will have served unexpired terms, are eligible and would like to be considered for reappointment. Ms. Debra Kaiser will have served one (1)
full term and would like to be considered for reappointment. Ms. Flores will have served an unexpired term and would not like to be considered for reappointment. Additionally, Ms. Isabel
Make resigned effective July 5, 2012. Appointments are needed for six (6) regular members. Members of the Education Board must be a resident of the City, own property, own or operate
a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business,
real estate and/or education. 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 appointments will be made
by Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1) and Commissioner Jacquet (Seat #2) for five regular members to
serve two (2) year terms ending July 31, 2014. Commissioner Frankel will also make an appointment for one (1) regular member to serve an unexpired term ending July 31, 2013. RECOMMENDATION
Recommend appointment of five (5) regular members to serve two (2) year terms ending July 31, 2014, and one (1) regular member to serve an unexpired term ending July 31, 2013.
01/12 EDUCATION BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2013 Appt 07/05/11 LeAnne DeRigne Educator 07/31/2012 Unexp Appt 04/21/11 Jose Herrera, Chair Special Events Coordinator
07/31/2012 Appt 07/15/08 Reappt 07/20/10 Derline Pierre-Louis, Vice Chair President/Plan & Budget Reviewer 07/31/2012 Unexp Appt 01/17/12 Claudia Flores Banking Asst/Vice Pres. 07/31/2012
Appt 07/20/10 Debra Kaiser Senior Director 07/31/2012 Unexp Appt 11/15/11 Angela Burns Educator 7/31/2013 Unexp Appt 12/06/11 Julia Kadel Director of Admissions 07/31/2013 Unexp Appt
01/17/12 Mary Leavenworth Education/Sales & Consultant 07/31/2013 Unexp Appt Vacant 07/31/2013 Appt 08/02/11 Lee Cohen Attorney 07/31/2013 Unexp Appt 12/07/10 Reappt 06/21/11 Myra Leavy
Bazemore Educator STUDENT MEMBERS (one term limit) 7/31/2013 Appt 06/21/11 2 YEAR TERM Madison Aracri Student 7/31/2012 1 YEAR TERM Vacant Student CITY REPRESENTATIVE: Janet Meeks –
Education Coordinator 243-7231 COMMISSION LIAISON:
EDUCATION BOARD EXHIBIT A Angela Burns Educator Incumbent Mary-Elizabeth Cohn Education/Sales Consultant Philip Friedman Assistant Director/Retired (also applying for the Public Employees
Relations Commission) Sheri Hack Realtor Jose Herrera Special Events Coordinator Incumbent Debra Kaiser Senior Director Incumbent Margarita Kaufman Educator Toni McMillan Educator Ferline
Mesidort Community Development Specialist John Pasqual Surgeon Michelle Quigley News Researcher Bonnie Raycroft Massage Therapist/Director/Program Coordinator Adam Reback Government
Operations Consultant (currently serving on the Neighborhood Advisory Council) Jeff Ritter Assistant Professor/Consultant Shannon Schwartz Educator Kevin Warner Educator (currently serving
on the Police Advisory Board) Patricia Westall Project Coordinator
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 10, 2012 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF JULY 17, 2012 APPOINTMENTS
TO THE PARKING MANAGEMENT ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Parking Management Advisory Board. BACKGROUND The terms
for regular members Ms. Peggy Murphy, Mr. Alan Kornblau, Mr. John Gergen and Ms. Cecelia Boone will expire on July 31, 2012. Ms. Murphy will have served one (1) full term and would not
like to be considered for reappointment. Mr. Kornblau and Mr. Gergen will have served one (1) full term, are eligible and would like to be considered for reappointment. Ms. Boone will
have served two (2) full terms and is not eligible for reappointment. Please note that only two (2) appointments will be made as there are only two (2) applicants at this time. The Parking
Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding
parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries
of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road A-1-A within the corporate limits of the City. The following individuals
have submitted applications and would like to be considered for appointment: John Gergen Incumbent Alan Kornblau Incumbent A check for code violations and/or municipal liens was conducted.
None were found. Voter registration verification was completed. Mr. Gergen is not registered to vote. Based on the rotation system, the appointments will be made by Commissioner Gray
(Seat #4) and Mayor McDuffie (Seat #5) for two (2) regular members to serve two (2) year terms ending July 31, 2014. RECOMMENDATION Recommend appointment of two (2) regular members to
serve two (2) year terms ending July 31, 2014.
07/11 PARKING MANAGEMENT ADVISORY BOARD TERM EXPIRES MEMBERS CATEGORY 07/31/13 Unexp Appt 09/20/10 Ratified 10/19/10 Reappt 07/19/11 Ratified 08/02/11 Mark Krall 190 SE 5th Avenue Delray
Beach, Fl 33483 P & Z 07/31/12 Appt 07/21/10 Ratified 08/17/10 William Morse 210 NE 6th Avenue, Suite #101 Delray Beach, FL 33483 CHAMBERS 07/31/13 Appt 07/09/09 Ratified 09/10/09 Reappt
07/14/11 Ratified 08/02/11 Herman Stevens 2774 Avenue Au Soleil Delray Beach, FL 33483 CRA 07/31/12 Unexp Appt 10/19/10 Ratified 11/02/10 Margie Walden 6103 Caladium Road Delray Beach,
FL 33484 WARC 07/31/12 Appt 07/20/06 alt Ratified 08/15/06 alt Reappt 07/14/08 reg Ratified 08/19/08 reg Reappt 07/12/10 Ratified 08/17/10 Fran Marincola, Chair 1138 Vista Del Mar Drive
Delray Beach, FL 33483 DDA The representatives above are ratified by the City commission. The representatives below are appointed by the City Commission. 07/31/12 Appt 01/05/10 Peggy
Murphy 4622 Ellwood Drive Delray Beach, Fl 33445 Atlantic Avenue Corridor Between Swinton Avenue and the Intracoastal 07/31/12 Unexp Appt 01/03/08 Reappt 01/05/10 Alan Kornblau 2472
Par Circle Delray Beach, FL 33445 Atlantic Avenue Corridor Between Swinton Avenue and Interstate 95 07/31/12 Unexp Appt 05/06/08 Reappt 01/05/10 John Gergen 34 South Ocean Blvd. Delray
Beach, FL 33444 Atlantic Avenue and State Road AIA Corridors and lying East of the Intracoastal Waterway 07/31/12 Unexp Appt 03/21/06 Reappt 01/15/08 Reappt 01/05/10 Cecelia Boone 220
NE 1st Street Delray Beach, FL 33444 Old School Square Historic Arts District 07/31/13 Unexp Appt 12/01/09 Mr. Bruce Gimmy 12 East Ocean Avenue Ocean Ridge, FL 33435 Citizen-at-Large
07/31/13 Unexp Appt 04/05/11 Reappt 08/02/11 Brian Rosen 106 NE 16th Street Delray Beach, FL 33444 Citizen-at-Large
PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS TERM EXPIRES MEMBERS CATEGORY 07/31/12 Unexp Appt 10/18/10 Ratified 11/16/10 Cary Glickstein 1118 Waterway Lane Delray Beach, FL 33483
P&Z 07/31/12 Vacant CHAMBERS 07/31/12 Appt 06/24/10 Ratified 08/17/10 Veronica Covington 21 SW 12th Avenue Delray Beach, FL 33444 CRA 07/31/12 Vacant WARC 07/31/12 Unexp 08/21/09 Ratified
11/17/09 Reappt 07/12/10 Ratified 08/17/10 Diane Franco 2737 S. Clearbrook Circle Delray Beach, FL 33445 DDA S/City Clerk/Board11/Parking Management Advisory Board
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 10, 2012 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF JULY 17, 2012 APPOINTMENT
TO THE POLICE ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Police Advisory Board. BACKGROUND The terms for regular members, Ms.
Wyana Claxton, Ms. Ellen Major-Hanna, Mr. Robert Shell, Mr. Carl Forrest, Mr. Walter Earley, and Ms. Edith Thompson will expire on July 31, 2012. Ms. Claxton and Mr. Shell will have
served unexpired terms, are eligible and would like to be considered for reappointment. Ms. Major-Hanna and Ms. Thompson will have served one (1) full term, are eligible and would like
to be considered for reappointment. Mr. Earley will have served an unexpired term and would not like to be considered for reappointment. Mr. Forrest will have served one (1) full term
and would not like to be considered for reappointment. Please note that there is one (1) student vacancy. However, there are no student applicants at this time. Appointments are needed
for six (6) regular members to serve two (2) year terms ending July 31, 2014. In order to qualify for appointment, a person shall be either a resident of, own property, own a business
or be an officer, director or manager of a business located within the City of Delray Beach. Membership shall include a diverse cross section of the community; business owners, religious
and faith based organizations, youth, school officials and local organizations, where feasible. 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. Menard and Ms. Thompson. Mr. Berman is registered to vote in Broward Based on the rotation system, the appointments will be made by Commissioner
Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1) and Commissioner Jacquet (Seat #2) for six (6)
regular members to serve two (2) year terms ending July 31, 2014. RECOMMENDATION Recommend appointment of six (6) regular members to serve two (2) year terms ending July 31, 2014.
POLICE ADVISORY BOARD 10/11 TERM EXPIRES NAME & ADDRESS 07/31/12 Unexp Appt 08/16/11 Wyana Claxton 07/31/12 Appt 07/20/10 Ellen Major-Hanna 07/31/12 Unexp Appt 08/02/11 Robert Shell,
Vice Chair 07/31/13 Unexp Appt 04/20/10 Reappt 06/21/11 Matthew Monahan 07/31/13 Unexp Appt 11/01/11 Annette Annechild 07/31/12 Unexp Appt 01/05/10 Reappt 07/20/10 Carl Forrest, Chairperson
07/31/12 Unexp Appt 09/20/11 Walter Earley 07/31/12 Appt 07/20/10 Edith Thompson 07/31/13 Appt 06/21/11 Catherine DeMatto 07/31/13 Unexp Appt 01/05/10 Appt 08/02/11 Kevin Warner 07/31/13
Appt 06/21/11 (Student) Elisha Porter 07/31/12 (Student) Vacant Contact: Venice Cobb 243-7056 S/City Clerk/Board 11/Police Advisory Board
City of Delray Beach Police Advisory Board – Applicants Exhibit A 1. Theodore Berman Resident/Business Owner 2. Aird Cajuste Resident 3. John Michael Chadam Resident 4. Wyana Claxton
Resident/Business Owner 5. Laura Fenoglio Resident 6. Joseph Ingram Resident 7. John Jackson Resident 8. Linda Kidd Resident 9. Ellen Major-Hanna Incumbent Resident 10. Robert Marks
Resident 11. Samuel Menard Resident 12. Marc Muscarella Resident/Business Owner 13. Maria Sachs Resident 14. Robert Shell Incumbent Resident 15. Edith Thompson Incumbent Resident 16.
Shelly Weil Resident
MEMORANDUM TO: Mayor and City Commissioners FROM: David. T. Harden, City Manager DATE: July 10, 2012 SUBJECT: AGENDA ITEM 9.J. -REGULAR COMMISSION MEETING OF JULY 17, 2012 APPOINTMENTS
TO THE PUBLIC ART ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Public Art Advisory Board. BACKGROUND The terms for regular
members Ms. Dana Donaty, Ms. Sandy Franciosa, Ms. Michiko Kurisu and Mr. Richard McGloin will expire on July 31, 2012. Ms. Donaty, Ms. Kurisu and Mr. McGloin will have served two (2)
full terms and are not eligible for reappointment. Ms. Franciosa will have served one (1) full term, is eligible and would like to be considered for reappointment. Appointments are needed
for four (4) regular members to serve two (2) year terms ending July 31, 2014. On February 1, 2005, the Delray Beach City Commission adopted Ordinance No. 77-04 establishing the Public
Art Advisory Board for the purpose of advising and making recommendations to the City Commission with respect to public art policy and related issues including, but not limited to, the
selection, construction and placement of public art in/on City right-of-way and City owned property. The Public Art Advisory Board shall consist of seven (7) members. Three (3) seats
on the Board must be filled with either an artist, architect, landscape architect or engineer. Laypersons of knowledge, experience and judgment who have an interest in public art shall
make up the balance of 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. Based on the rotation system, the appointments will be made
by Commissioner Gray (Seat #4), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5) for four (4) regular members to serve two (2) year terms ending
July 31, 2014. RECOMMENDATION Recommend appointment of four (4) regular members to serve two (2) year terms ending July 31, 2014.
PUBLIC ART ADVISORY BOARD 03/12 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/13 Unexp Appt 03/20/12 Daniel Bellante Business Owner 07/31/12 Appt 07/15/08 Reappt 07/20/10 Dana Donaty,
Chair Artist 07/31/13 Unexp 04/17/12 Lynda Kidd Business Owner/Artist 07/31/12 Appt 07/20/10 Sandi Franciosa Administrative Asst/Retired 07/31/12 Appt 07/15/08 Reappt 07/20/10 Michiko
Kurisu Artist/Photographer 07/31/12 Appt 07/15/08 Reappt 07/20/10 Richard McGloin, Vice Chair Electrical Engineer 07/31/13 Appt 07/21/09 Reappt 07/05/11 Mary Minieka Administration Contact:
Alberta Gaum X7136 S/City Clerk/Board 12/Public Art Advisory Board
PUBLIC ART ADVISORY BOARD EXHIBIT A Mavis Benson Gallery Owner Mary Elizabeth Cohn Education Consultant (also applying for the Education Board) Shirl Fields Jewelry Designer/Retired
Sandi Franciosa Administrative Assistant/Retired Incumbent Sharon Koskoff Artist Carolyn Pendelton-Parker Landscape Architect Jerry Rabinowitz Photographer/Business Owner Kevin Rouse
Photographer/Artist/Business Owner Chris Stray Landscape Designer
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 9, 2012 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF JULY 17, 2012 ORDINANCE NO.
19-12 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and quasi-judicial hearingto consider a Future Land Use Map amendment from MD (Medium Density Residential
5-12 du/ac) to CC (Commercial Core) and rezoning from RM (Medium Density Residential) to CBD (Central Business District) for a vacant parcel located on the east side of S.W. 10th Avenue
approximately 391 feet south of West Atlantic Avenue at 35 S.W. 10th Avenue. BACKGROUND At the first reading on July 5, 2012, the Commission passed Ordinance No. 19-12. RECOMMENDATION
Recommend approval of Ordinance No. 19-12 on second and final reading.
ORDINANCE NO. 19-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM MD (MEDIUM DENSITY RESIDENTIAL
5-12 DU/AC) TO CC (COMMERCIAL CORE), PURSUANT TO THE PROVISIONS OF THE “COMMUNITY PLANNING ACT”, FLORIDA STATUTES SECTION 163.3187, FOR LAND LOCATED ON THE EAST SIDE OF SW 10TH AVENUE,
391 FEET SOUTH OF WEST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND REZONING AND PLACING SAID LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO CBD (CENTRAL
BUSINESS) DISTRICT; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray
Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act"; and WHEREAS,
via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan -Delray Beach, Florida"; and WHEREAS, Delray Beach Community Redevelopment Agency, is the
fee simple owner of a 0.157 acre parcel of land located on the east side of SW 10th Avenue, 391 feet south of West Atlantic Avenue; and WHEREAS, the subject property hereinafter described
has an existing Future Land Use Map (FLUM) designation of MD (Medium Density Residential 5-12du/ac); and WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from MD (Medium Density Residential 5-12du/ac) to CC (Commercial Core); and 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 June 18, 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 4
2 ORD NO. 19-12 to 0 to recommend that the Future Land Use Map designation and zoning classification be changed for the property hereinafter described, 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 Future Land Use Map
of the City of Delray Beach, Florida be amended to reflect the revised Future Land Use Map designation; 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 Future Land Use Map designation of the subject property is hereby officially affixed as CC (Commercial
Core). Section 3. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes
Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act." Section 4. 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 CBD (Central Business) District for the following described property: Lot 12, Block 1, Belair Heights, according to the Plat thereof
as recorded in Plat Book 20, Page 45 of the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, containing 6871 square feet (0.157 acres) more or less.
3 ORD NO. 19-12 Section 5. 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 4 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section
7. 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 8. That this ordinance shall become effective
as follows: thirty-one (31) days after adoption, unless the Comprehensive Plan amendment is timely challenged. If timely challenged, the effective date of this Ordinance shall be the
date a final order is issued by the State Land Planning or the Administration Commission, finding the adopted amendment to be in compliance. No development orders, development permits,
or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this
amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. 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: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: June 25, 2012 SUBJECT:
AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JULY 5, 2012 ORDINANCE NO. 19-12 ITEM BEFORE COMMISSION Consideration of a privately initiated Future Land Use Map change from Medium
Density Residential (MD) to Commerical Core (CC), rezoning from RM (Multiple Family Residential) to CBD (Central Business District), for a 0.157 acre property located approximately 391
feet South of West Atlantic Avenue on the east side of SW 10th Avenue (35 SW 10th Avenue). BACKGROUND The subject property is located East of 1-95, approximately 391 feet South of West
Atlantic Avenue on the east side of SW 10th Avenue (35 SW 10th Avenue), is approximately 0.157 acre in size and is currently vacant. The property is zoned RM (Multiple Family Residential
-Medium Density) and has a Future Land Use Designation of MD (Medium Density Residential) with a legal description of Lot 12, Block 1 of the Belair Heights Subdivision, plat book 20,
page 45 of the Palm Beach County records. The Community Redevelopment Agency (CRA) owns lot 12 and all other lots directly north to Atlantic Avenue. The CRA in agreement with Prime Delray
Hotel, LLC., plans to develop a hotel at the corner of West Atlantic Avenue between SW 10th Avenue and SW 9th Avenue on approximately a 2.30 acres site. The requested Future Land Use
Map designation from MD (Medium Density Residential) to CC (Commercial Core) and Rezoning from RM (Multiple Family Residential -Medium Density) to CBD (Central Business District), for
the subject property (lot 12) is to allow the property to be developed for parking as a part of the future hotel development. REVIEW BY OTHERS At its meeting of June 18, 2012, the Planning
and Zoning Board held a public hearing associated with the CC (Commercial Core) Future Land Use Map amendment, and CBD (Central Business District) rezoning request. They had no concerns
with the requested Future Land Use and Zoning designations. After a brief discussion, the Board recommended approval of the proposed FLUM and Rezoning on a 4-Coversheet Page 1 of 2 http://itwebapp/Ag
endaIntranet/Bluesheet.aspx?ItemID=5715&MeetingID=381 7/9/2012
0 vote. RECOMMENDATION Approve on first reading Ordinance 19-12 for a Future Land Use Map amendment from MD (Medium Density Residential) to CC (Commercial Core) and Rezoning from RM
(Multiple Family Residential -Medium Density) to CBD (Central Business District), by adopting the findings of fact and law contained in the staff report, and finding that the request
and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions),
2.4.5(D)(5)(Rezoning Findings). Coversheet Page 2 of 2 http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=5715&MeetingID=381 7/9/2012
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 9, 2012 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF JULY 17, 2012 RESOLUTION
NO. 32-12 ITEM BEFORE COMMISSION In accordance with Chapter 56, “Stormwater”, of the City Code, Resolution No. 32-12 establishes the budget for the stormwater utility system, establishes
the rates for FY 2013 stormwater management assessments, and certifies and adopts the stormwater management assessment roll. Prior to consideration, a public hearing is required. BACKGROUND
The assessment is proposed at the rate of $5.33 per month per Equivalent Residential Unit (ERU), for a total annual assessment of $63.96 per ERU. This is the same as the current year
assessment. Property owners within the Lake Worth Drainage District are given a 25% discount. A separate 25% discount is given to owners of property served by private drainage systems.
The proposed budget for the stormwater utility fund is incorporated in Resolution No. 32-12 as Exhibit “A”. The rate structure with condominium factors is attached to the resolution
as Exhibit “B”. The assessment roll will be available for review in the Commission Chambers at the July 17th meeting. RECOMMENDATION Recommend approval of Resolution No. 32-12.
RESOLUTION NO. 32-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER
MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITTED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE
STORMWATER ASSESSMENT ROLL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission
of the City of Delray Beach, Florida, did, on July 10, 1990, adopt Ordinance No. 21-90, which provides for the creation and establishment of a City-wide Stormwater Management System;
and WHEREAS, the City Commission of the City of Delray Beach did, on April 27, 1993, adopt Ordinance No. 35-93 which amended Chapter 56 of the Code of Ordinances of the City of Delray
Beach to provide for the method of establishing and collecting Stormwater Management Assessments; and WHEREAS, the statutory authority for the creation and implementation of Ordinance
No. 21-90, as amended, is predicated on Article VIII, Section 2(b) of the Florida Constitution; Chapter 166, Florida Statutes, as amended and supplemented; Section 403.0893, Florida
Statutes, as amended and supplemented; Chapter 197, Florida Statutes, as amended and supplemented; the City Charter of the City of Delray Beach, Florida; and other applicable provisions
of law; and WHEREAS, the City Commission of the City of Delray Beach has found that owners, tenants and occupants of property within the geographical boundaries of the City will derive
a special benefit from the effective management of stormwater and other surface water and from the operation, maintenance and expansion of the stormwater management system; and WHEREAS,
Chapter 56 of the Code of Ordinances of the City of Delray Beach establishes that the rate for stormwater management assessments for each parcel within the benefited area, other than
with respect to non-assessed property, shall be established each year by resolution of the City Commission; and
2 RES. NO. 32-12 WHEREAS, Chapter 56 of the Code of Ordinances of the City of Delray Beach provides that such rate resolution shall not be adopted prior to the establishment of an operational
budget for the system or prior to conducting a rate hearing as required by applicable law; and WHEREAS, Chapter 56 of the Code of Ordinances of the City of Delray Beach provides that
such budget shall include, but not be limited to, a capital element, a debt service element and an Operation and Maintenance element and further requires that the rate hearing and rate
resolution shall clearly establish what portion of the stormwater management assessment reflects the capital element, the debt service element, if any, and the Operation and Maintenance
element; and WHEREAS, a budget of operation for the year ending September 30, 2013, is set forth in Exhibit “A” and is established in conformity with the requirements of Ordinance No.
21-90, as amended, and Chapter 56 of the Code of Ordinances of the City of Delray Beach; and WHEREAS, billing and collection of the stormwater management assessment shall be accomplished
utilizing the uniform method of collection; and WHEREAS, a rate for stormwater management assessments for the various classes of property (other than non-assessed property) within the
benefited area shall be calculated as provided in Chapter 56 of the Code of Ordinances of the City of Delray Beach, and as further set forth in Exhibit “B” to this resolution; and WHEREAS,
a public hearing on this resolution setting the rates and adopting the budget and for the purposes of adopting and certifying a stormwater assessment roll was duly noticed; and WHEREAS,
the City, upon adoption of the budget and rates, shall review the stormwater assessment roll to determine its conformity with the proposed rate resolution and, if, upon the completion
of such review the City shall be satisfied that the Stormwater Management Assessment Roll has been prepared in conformity with the proposed rate resolution, it shall adopt said resolution
and ratify and confirm the Stormwater Management Assessment Roll and certify that the Stormwater Management Assessment Roll is correct and proper and is to be used in collecting the
stormwater management assessments. Thereafter, the City Commission, if no objections are made by persons affected by the assessment roll at the public hearing or if objections having
been made are deemed insufficient by the City Commission, shall thereupon adopt the assessments as shown by the Assessment Roll; and WHEREAS, the owner of each parcel within the benefited
area for which a stormwater assessment is levied shall thereafter be responsible for payment therefore.
3 RES. NO. 32-12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission does hereby adopt the aforementioned
preamble in its entirety. Section 2. That the City Commission does hereby adopt, after public hearing, the budget as established in Exhibit “A” hereto which is incorporated herein. Section
3. That the City Commission does hereby adopt, after public hearing, the rates as set forth in Exhibit “B” hereto which is incorporated herein. Section 4. That the City Commission hereby
adopts and certifies the Stormwater Management Assessment Roll. Section 5. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED in regular session on this
the 17th day of July, 2012. ___________________________________ ATTEST: M A Y O R ____________________________ City Clerk
4 RES. NO. 32-12 EXHIBIT “B” TO RESOLUTION NO. 32-12 Property Total 12 Month Description Rate Structure Assessment Single Family Residential ($5.33/Mo./ERU) (12 Mo.) (1 ERU) $ 63.96
Condominium ($5.33/Mo./ERU) (12 Mo.) (Condo Factor) $ 63.96 (ERU/Unit) x CF* Single Owner Multi-Family Residential ($5.33/Mo./ERU) (12 Mo.) $ 63.96/ERU Non-Residential Developed ($5.33/Mo./ERU)
(12 Mo.) $ 63.96/ERU Undeveloped ($5.33/Mo./ERU) (12 Mo.) (1.20 ERU/AC) $ 76.75/AC All properties within the Lake Worth Drainage District (LWDD), as indicated by the LWDD’s boundary
map, shall receive a 25% discount. All properties for which the City does not provide for the maintenance of street drainage systems shall receive a 25% discount. *A specific condominium
factor (0.0 – 1.0) has been determined for each condominium development. A list of those factors is attached.
FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 11 Administration 12-10 REGULAR SALARIES/WAGES $ 86,520 15-20 CAR ALLOWANCE -21-10 EMPLOYER FICA 6,330 22-10 GEN'L EMP
RETIREMENT 5,710 22-30 ICMA CONTRIBUTIONS 4,410 23-10 LIFE INSURANCE 270 23-20 DISABILITY INSURANCE 250 23-30 HEALTH INSURANCE 12,570 24-10 WORKERS' COMPENSATION 4,270 25-10 UNEMPLOYMENT
COMPENSATION 150 25-20 EMPLOYEE ASSISTANCE PROG. 50 * PERSONAL SERVICES 120,530 31-30 ENGINEERING/ARCHITECT 31,970 31-90 OTHER PROFESS SERVICES 16,000 32-10 AUDIT/ACCOUNTING FEES 2,010
40-10 TRAVEL & TRAINING 1,100 41-10 TELEPHONE EXPENSE 280 41-15 PORTABLE PHONE/MDD -42-10 POSTAGE 420 43-10 ELECTRICITY 1,800 43-50 STORMWATER CHARGES 1,180 44-30 EQUIPMENT RENTAL/LEASE
950 44-45 VEHICLE RENTAL-GARAGE -45-10 GENERAL LIABILITY 10,990 46-20 EQUIPMENT MAINTENANCE 240 46-30 VEHICLE MAINT-GARAGE -46-90 OTHER REPAIR/MAINT COST -47-20 REPRODUCTION CHARGES
2,000 49-10 ADVERTISING 700 49-22 SHARE OF ADMIN EXP 142,000 51-10 STATIONERY/PAPER/FORMS 2,000 51-90 OTHER OFFICE SUPPLIES 1,500 52-10 FUEL/LUBE VEHICLES -52-20 GEN'L OPER SUPPLIES
3,000 52-22 UNIFORM/LINEN SERVICE 160 54-10 BOOKS & PUBLICATIONS 130 54-15 SUBSCRIPTIONS 300 54-20 MEMBERSHIPS 830 54-30 TRAINING/EDUCATION COSTS 1,320 * OPERATING EXPENSES 220,880 64-11
COMPUTER EQUIPMENT -64-12 OFFICE EQUIPMENT -CAPITAL OUTLAY -91-01 TRANSFER TO GENERAL FUND 376,170 Exhibit "A" FY 2012-13
* TRANSFERS 376,170 99-01 PROJECT RESERVE -* NON OPERATING -** STORMWATER ADMINISTRATION $ 717,580
FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 16 MAINTENANCE 12-10 REGULAR SALARIES/WAGES $ 190,240 14-10 OVERTIME 10,000 13-10 OTHER PAY 300 21-10 EMPLOYER FICA 14,290
22-10 GEN'L EMP RETIREMENT 21,210 22-30 ICMA CONTRIBUTIONS 23-10 LIFE INSURANCE 510 23-20 DISABILITY INSURANCE 560 23-30 HEALTH INSURANCE 41,880 24-10 WORKERS' COMPENSATION 12,780 25-10
UNEMPLOYMENT COMPENSATION 500 25-20 EMPLOYEE ASSISTANCE PROG. 160 * PERSONAL SERVICES 292,430 31-20 MEDICAL -34-70 PHOTO/MICROFILM SERVICES 100 34-78 REPAIR & UPKEEP CANALS 9,420 34-90
OTHER CONTRACTUAL SERVICE 42,900 40-10 TRAVEL & TRAINING 990 41-15 PORTABLE PHONE/MDD 2,280 43-10 ELECTRICITY 8,670 43-25 IRRIGATION WATER 5,390 43-50 STORMWATER CHARGES -44-10 LAND
RENTAL/LEASE 3,200 44-30 EQUIPMENT RENTAL/LEASE 800 44-45 VEHICLE MAINT-GARAGE 79,420 45-10 GENERAL LIABILITY 14,350 46-20 EQUIPMENT MAINTENANCE 1,430 46-30 VEHICLE MAINT-GARAGE 100,000
46-90 OTHER REPAIR/MAINT COST 52,620 47-10 PRINTING/BINDING SERVICES -49-16 COMML DRIVERS LIC RENEWAL 180 51-10 STATIONERY/PAPER/FORMS 50 51-90 OTHER OFFICE SUPPLIES 200 52-10 FUEL/LUBE
VEHICLES 38,630 52-20 GEN'L OPER SUPPLIES 8,000 52-22 UNIFORMS/LINEN SERVICE 2,400 52-24 BUILDING MATERIALS 700 52-26 GARDENING SUPPLIES 10,000 52-27 EQUIPMENT <$1,000 10,000 53-20 REPAIRS-DRAINAGE
11,200 54-20 MEMBERSHIPS 100 54-30 TRAINING/EDUCATION COSTS 480 * OPERATING EXPENSES 403,510 64-25 HEAVY EQUIPMENT * CAPITAL OUTLAY -** STORMWATER SYSTEM MAINTENANCE $ 695,940 Exhibit
"A" FY 2012-13
FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 61 CAPITAL 68-62 ALLEY DRAINAGE IMPROVEMENTS $ 75,000 46-43 DRAINAGE SWALES 70,000 68-52 FEDERAL HIGHWAY BEAUTIFICATION
200,000 68-80 LIFT STATION LEVEL TRANSMITTERS 30,000 68-72 NE 3RD ST STREETSCAPE 15,000 XX-XX *** NE 7th Av ALLEY 25,000 XX-XX *** SE 2 ST -SWINTON -SE 3 AV 210,000 XX-XX *** SEABREEZE
DRAINAGE 57,500 68-18 STORM WATER PUMP STATION REHAB 75,000 68-86 SWINTON & ATLANTIC INTERS 10,000 * CAPITAL OUTLAY 767,500 ** CAPITAL $ 767,500 *** Account number not yet assigned FUND
448 STORMWATER UTILITY FUND Dept 71 Debt Service Div 11Debt Service 71-16 STORMWATER NOTE 38,060 71-25 2007 UTILITY TAX BONDS PRINCIPAL 810 72-16 STORMWATER NOTE-INTEREST 16,470 72-25
2007 UTILITY TAX BONDS INTEREST 49,750 * DEBT SERVICE 105,090 ** DEBT SERVICE $ 105,090 *** STORMWATER UTILITY FUND $ 2,286,110 Exhibit "A" FY 2012-13
City of Delray Beach, Florida Program: SWLIB/SWCONDO STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/05/12, 11:48:27 CONDOMINIUM RATES FOR TAX YEAR 2012 Page: 1 -----------------------------------------
---------------------------------------Condominium Units ERUs --------------------------------------------------------------------------------Acacia House 3 .91 Admiral Apts. 10 .70
Ardmore 13 .70 Arnold Industrial Park 3 1.00 Astor 98 .34 Atlantic Grove 48 .94 Avenue East Retail 6 1.00 Bahama House of D.B./Brook Haven/Ocean Reach Apts. 22 .70 Bahia at Delray 236
1.00 Balmoral 12 .57 Banyan House 65 .63 Banyan Tree Village 55 .96 Bar Harbour 85 .39 Barr Terrace 95 .38 Barrton Apts. 103 .46 Beach Cabanas 12 .64 Beach House of Delray 12 .70 Beekman
14 .70 Bella Vista 8 1.00 Berkshire By The Sea 48 1.00 Berkshire I 23 .79 Bermuda High 22 1.00 Bermuda High South 29 .96 Bermuda High West 46 1.00 Blairs Downtown 3 .89 Block 60 92 .13
Boca Isle/Point at Delray Beach 93 .69 Brooks Lane 6 1.00 Cambridge 8 1.00 Captains Walk 57 .86 Casa Del Mar 11 .49 Casa Playa 11 .73 Chevy Chase 16 .70 Churchill 30 .60 City Walk at
Pineapple Grove 42 .54 Coach Gate 7 .97 Coastal House 85 .41 Colridge 3 .87 Commodore Apts. 8 .70 Congress Commerce Center 149 1.00 Congress Park Office 33 .45 Congress Professional
Building 4 1.00 Coral Cove 7 .70 Coral Trace Office Park 20 1.00 Costa Del Rey 37 .68 Country Manors 440 1.00 Court of Delray 43 .40 Courtyards at Martel Arms 8 .88 Cove Apts 5 .70 Crest
6 .79 Del Harbour 1040 Del Haven Dr. 4 .70 Del Harbour 1820 S Ocean Blvd. 18 .32 Delhaven 24 .74 Delray Beach Club 77 .48
City of Delray Beach, Florida Program: SWLIB/SWCONDO STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/05/12, 11:48:27 CONDOMINIUM RATES FOR TAX YEAR 2012 Page: 2 -----------------------------------------
---------------------------------------Condominium Units ERUs --------------------------------------------------------------------------------Delray Beach Yacht Club 12 .53 Delray Dental
Specialists 3 .70 Delray Estates 324 .55 Delray Golfview 36 .57 Delray Harbour Club 50 .71 Delray Oaks 142 .95 Delray Oaks West 256 1.00 Delray Ocean Villas 15 .70 Delray Park 6 1.00
Delray Place 42 .72 Delray Shores Professional 8 1.00 Delray Summit 67 .40 Domaine Delray 60 .91 Dover House 46 1.00 Downtown Lofts 7 .45 Duval Place 8 .71 Eastview of Delray Beach 3
.70 Eastview Village Square 24 1.00 Eastwinds 84 .69 Eight Hundred Ocean Place 8 1.00 Environment I 92 .93 Fairway 72 1.00 Fall Ridge 60 1.00 First Avenue 8 1.00 First Encounter 46 .70
Florida Blvd 3 .97 Fountain Square Office of Delray 13 1.00 Georgia Street Industrial Park 3 1.00 Golfview Colony 8 1.00 Grand Bahama Professional 15 1.00 Greensward Village 135 .91
Grove 28 .99 Hamilton House 23 .84 Harbour Pointe of Delray 10 .70 Harbour Villas 13 .73 Harbourside I-III 175 .76 High Point 1,992 .76 Imperial Manor 12 .70 Imperial Villas 199 .96
Ingraham House 4 .70 Inlet Cove 16 1.00 Inner Circle 16 .72 Intercoastal Cove 4 .70 Jardin Del Mar 38 .83 Lago Del Rey 338 .86 Lago Del Rey North Amsterdam 30 .57 Lakeside 212 .46 Lakeview
Greens 128 .90 Landings of Delray Beach 64 1.00 Lanikai Villas 24 .52 Latitude Delray Beach 76 .15 Lavers Delray Racquet Club 566 1.00 Ledges 3 .70 Linton Ridge 84 .39
City of Delray Beach, Florida Program: SWLIB/SWCONDO STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/05/12, 11:48:27 CONDOMINIUM RATES FOR TAX YEAR 2012 Page: 3 -----------------------------------------
---------------------------------------Condominium Units ERUs --------------------------------------------------------------------------------Linton Woods 24 1.00 Lyndon Arms 8 .64 Manor
House 24 .67 Marina Bay 2 1.00 Marina Del Rey 10 .70 Mark Downtown 28 .39 Martel Arms 30 1.00 Meridian Delray 59 .44 Miramar Gardens 48 .38 Narberth/Ocean Aire 14 .70 New Monmouth 17
.70 Ocean City Lofts 68 .31 Ocean East 8 .85 Ocean Place 29 1.00 Ocean Place-2155 30 .77 Ocean Terrace 8 .70 One Sixty Center 3 1.00 One Ten Apts 4 .70 Outrigger 25 1.00 Palm Square
8 .70 Palm Trail 22 .70 Palm Villas 60 1.00 Palm Villas at Delray Beach 4 .95 Park View Manor 16 .55 Patio Beach 10 .70 Pelican Pointe 56 .81 Penthouse Delray 80 .41 Pine Beach South
6 .70 Pineapple Grove Office 2 1.00 Pineapple Grove Village 160 .27 Pines of Delray 685 .72 Pines of Delray North 700 .99 Pines of Delray West 287 .78 Plum 7 1.00 Professional Centre
at Delray Beach 4 1.00 Ranger 10 .70 Royal Atlantic 16 .26 Sabal Pine 255 .85 Sabal Pine East 222 .93 Sabal Pine South 128 .87 Sands Terrace 14 .36 Savoy 8 .70 Seabreeze of Delray 5
.69 Seagate Manor 63 .51 Seagate Residences 28 1.00 Seagate Towers 149 .49 Seastone Apts. 10 .34 Seaway Villas of Delray Beach 6 .70 Serena Vista 30 1.00 Seven Seventy 17th Ave. 9 .70
Sherwood Gardens 36 .55 Sloan Hammock Land 5 .98 South Congress Commerce Center 2 1.00 South County Professional 46 1.00
City of Delray Beach, Florida Program: SWLIB/SWCONDO STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/05/12, 11:48:27 CONDOMINIUM RATES FOR TAX YEAR 2012 Page: 4 -----------------------------------------
---------------------------------------Condominium Units ERUs --------------------------------------------------------------------------------South Ocean 10 1.00 South Shore Club 15
1.00 Southridge 37 1.00 Southridge Village 68 .90 Southwinds 84 .69 Spanish River 81 .34 Spanish Trail 20 .59 Spanish Wells 240 .72 St Tropez 64 .43 Stor-all 12 .70 Sunset Pines 66 1.00
Tahiti Cove 18 .79 Talbot House III 4 .70 Three Fifty Five Building 7 1.00 Tierra Verde at Delray Beach 300 .84 Town & Country 148 .57 Tropic Bay 1-17 399 .61 Tropic Harbor 222 .49 Tropic
View 48 1.00 Twelve-O-Two 6 .58 Valhalla 8 1.00 Venetian Drive Townhouse 4 .70 Venetian Village 14 1.00 Verano At Delray 252 .42 Village at Swinton Square 100 1.00 Villas Delray 7 .39
Vista Lago 14 .70 Wallace Drive Commerce 13 1.00 Waterview Apts. 8 .67 Waterway East 22 1.00 Waterway North 15 .92 Wedgewood 6 .70 West Settlers 6 .25 Weston Palms 4 .16 White Columns
3 1.00 Williamsburg Inn 12 .70 Windemere House 30 .63 Winston 8 .78 Woodbrooke 13 .66 250 Congress Ave 4 1.00 5th Avenue At Delray 53 .34 Total condominium units . . . : 14,159 Average
ERU/unit . . . . . . : .75 203 Records processed --End of Listing --
2
07/05/12
Mr. Carney moved to approve the Minutes of the Regular Meeting of June
19, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as f ollows:
Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs.
Gray – Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. None
6.A. Recognizing and commending Carolyn Patton for her dedicated service
to the Sandoway House Nature Center
Mayor McDuffie read and presented a proclamation to Carolyn Patton
for her dedicated service to the Sandoway House Nature Center. Car olyn Patton came
forward to accept the proclamation and gave a few brief comments.
7. PRESENTATIONS:
7.A. RESOLUTION NO. 26-12: Approve Resolution No. 26-12 recognizing
and commending Fiel Bronson for 30 years of dedicated service to the City of Delray
Beach.
The caption of Resolution No. 26-12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING FIEL BRONSON FOR THIRTY
YEARS OF DEDICATED SERVICE TO THE CITY OF
DELRAY BEACH.
(The official copy of Resolution No. 26-12 is on file in the City Clerk’s
office.)
Mayor McDuffie read the resolution.
Lisa Hartman, Utility Billing Manager, gave a few brief comments. Fiel
Bronson came forward to accept the resolution and gave a few brief comments .
Mr. Frankel moved to approve Resolution No. 26-12, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mr. Jac quet
– Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed
with a 5 to 0 vote.
3
07/05/12
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. RESOLUTION NO. 29-12 (TAX EXEMPTION REQUEST FOR
ELIGIBLE IMPROVEMENTS/109 FERN COURT): Approve a tax exemption
request for eligible improvements to the property located at 109 Fern Court within the
Del Ida Park Historic District; and approve Resolution No. 29-12.
The caption of Resolution No. 29-12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, GRANTING
AN AD VALOREM TAX EXEMPTION TO PAUL H.
ZACKS AND MICHELE S. ZACKS. FOR THE
HISTORIC REHABILITATION OF THE PROPERTY
LOCATED AT 109 FERN COURT, AS FURTHER
DESCRIBED HEREIN; DETERMINING THAT THE
COMPLETED IMPROVEMENTS ARE CONSISTENT
WITH LAND DEVELOPMENT REGULATION (LDR)
SECTION 4.5.1(M)(5); PROVIDING AN EFFECTIVE
DATE.
(The official copy of Resolution No. 29-12 is on file in the City Clerk’s
office.)
8.B. RESOLUTION NO. 30-12: ABANDONMENT OF UTILITY
EASEMENT: 633 NORTH OCEAN BOULEVARD: Approve Resolution No. 30-12
to abandoning a 10' X 100' utility easement located at 633 North Ocean Boulevard.
The caption of Resolution No. 30-12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A UTILITY EASEMENT
LOCATED ON THE PROPERTY AT 633 NORTH
OCEAN BOULEVARD, DELRAY BEACH, FLORIDA,
AND AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A".
(The official copy of Resolution No. 30-12 is on file in the City Clerk’s
office.)
8.C. MAINTENANCE MEMORANDUM OF AGREEMENT/FLORIDA
DEPARTMENT OF TRANSPORTATION: Approve authorization for the Mayor to
execute an inclusive Maintenance Memorandum of Agreement (MMOA) w ith Florida
Department of Transportation (FDOT) for State Road A-1-A, St ate Road 5, State Road 9
and State Road 806 .
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8.D. RENEWAL OF AGREEMENT/SOUTHEASTERN COLLEGE (f/k/a
KEISER COLLEGE): Approve renewal of an agreement with Southeastern College to
provide a clinical training site for EMT and Paramedic students .
8.E. SCHOOL READINESS CHILD CARE
PROVIDER AGREEMENT/EARLY LEARNING COALITION OF PALM
BEACH COUNTY, INC: Approve the School Readiness Child Care Provider
Agreement between the City of Delray Beach and the Early Coa lition of Palm Beach
County, Inc. to provide subsidized child care funding for the Afterschool Program loc ated
at Pompey Park and the Community Center.
8.F. AFTERSCHOOL PROGRAM PROVIDER AGREEMENT/EARLY
LEARNING COALITION OF PALM BEACH COUNTY, INC.: Approve a
Continue-to-Care Afterschool Program Provider Agreement between Ear ly Coalition of
Palm Beach County, Inc. and the City, to continue reimbursable fundi ng through the
Continue to Care-Afterschool Scholarship program for the Afterschool P rogram located
at Pompey Park and the Community Center.
8.G. GRANT AWARD/RECOVERY ACT EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT (JAG): Approve and accept the FY
2012 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) award in the
amount of $42,212.00 which will provide funding to support the Holiday Robbery Task
Force.
8.H. GRANT APPLICATION; 2012 ASSISTANCE TO
FIREFIGHTERS: Authorize submission of a grant application to the Federal
Emergency Management Agency for the 2012 Assistance to Firefighters Grant.
8.I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boa rds for
the period June 18, 2012 through June 29, 2012.
8.J. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Hub City Ford in the amount of $390,523.00 for
fourteen (14) replacement Police Patrol vehicles. Funding is
available from 501-3312-519-64.20 (Garage Fund: Repair &
Maintenance Services/Vehicle Maintenance-Garage).
Mr. Frankel moved to approve the Consent Agenda, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mr. Jacqu et – 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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9. REGULAR AGENDA:
9.A. WAIVER REQUEST/HARBOR PLAZA: Consider approval of a
waiver request to Land Development Regulations (LDR) Section
4.6.9(D)(3)(c)(1),“Stacking Distance”, reducing the stacking distance from the required
50’ to 21.4’ for parking facility that contains 51 or more parking sp aces for Harbor
Plaza, located at the northeast corner of South Federal Highway a nd Linton Boulevard.
(Quasi-Judicial Hearing)
Mayor McDuffie Mayor McDuffie read the City of Delray Beach Quasi-
Judicial Hearing rules into the record for this item.
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 par te
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, AICP, Director of Planning and Zoning Department, entered
the Planning and Zoning Department project file #2012-074 into the record.
Mr. Dorling stated this is a waiver request for Harbor Pl aza located at the
northeast corner of Linton Boulevard and Federal Highway. He stat ed there is a
redevelopment plan to take out the middle of that shopping center and knock down
17,000 square feet and construct an additional 23,740 square feet addition with som e
outside seating to accommodate a fresh market. Mr. Dorling state d they are proposing a
new driveway on the north end of that center and the LDRs talk about re quiring at least a
50 foot stacking distance between the property line and any opposi ng drive aisle. This
proposal only accommodates 21.4 feet and the applicant is requesting relief from the 50
feet to the 21.4 feet. Mr. Dorling stated the waiver analysis is in the staff report and staff
notes that there are six (6) driveway access points in addition to this driveway. Staff feels
there will not be an issue with stacking given the multiple ac cess points and options that
people have. Staff recommends approval.
At this point, Mr. Dorling displayed the elevation.
Jessica Joly, Stiles Development, 301 E. Las Olas Boulevard, Fort
Lauderdale, FL 33301 (represents the owners of Harbor Plaza), stated they meet the
intent of the Code because they have introduced additional stop signs so that traffic
coming from Banyan Tree Lane will be unimpeded to go into the s hopping center or to
go straight through. Ms. Joly urged the Commission to grant the waiver.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to please come forwa rd at this time. There
being no one from the public who wished to address the Commission re garding the
waiver request, the public hearing was closed.
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Mr. Frankel stated so many people excited about this type of grocery store
coming into the city and strongly supports the waiver.
Mr. Carney stated this seems to be improving the existing ent rance. Mr.
Dorling stated it is primarily for delivery trucks. Mr. Car ney stated he does not see a lot
of pressure on that second entry because of the first entry whic h will be largely for
customers.
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. Jacquet moved to adopt the Board Order as presented, 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.
9.B. UNITED STATES TENNIS ASSOCIATION (USTA) DAVIS CUP
FINALS BID: Consider approval and authorization to submit a bid to the United Stat es
Tennis Association (USTA) to be the host site for the 2012 Davis C up Finals if held in
the United States.
Doug Smith, Acting City Manager, stated this is a bid to the U nited States
Tennis Association (USTA) for the City to be considered as a host site for the 2012
David Cup Finals if held in the United States. Mr. Smith stat ed the bid addresses the
requirement items, gives a summary about the city, and also pl ans to send the television
commercial that was done in the last year or two that was use d for the ITC Tournament.
Mr. Smith stated staff requests approval of the bid and authority to submit it to the USTA
and if approved staff has a cover letter drafted for the Mayor’s signat ure and we would be
requesting an early determination of the site selection. He s tated the reason for that is
due to the budget cycles for the City and other partnering organiz ations being with the
September budget approval timeframe. Mr. Smith stated if the Commission decided if
for some reason we were selected and it was not in our best inte rest to proceed with it we
could still reject an acceptance. He stated the City antici pates its out-of-pocket expenses
would be no more than $100,000. Mr. Smith stated this is less than what wa s paid for the
last Davis Cup Quarter Finals that was held in the city. He stated one other item in the
cover memo for the next associated agenda item on the grant request to the Tourist
Development Council is this event is estimated to have an economic impact of $1.95
million.
Mr. Frankel complimented staff for this proposal and stated i t was
wonderfully done and it sets forth what our city can offer. He sta ted about a year ago
Delray Beach was up for the best tennis city in the country . Mr. Frankel stated while we
did fall short, it really shows not only in Delray Beach but Palm Beach County
enthusiasm is for tennis and it also comes at a time a little bit off season where it would
be good use of the tennis facility. Mr. Frankel stated he wholeheartedly suppor ts this.
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Mrs. Gray supports this and stated this is all in line with c alling Delray
Beach a “Sports Destination”. She thanked the Sports Commission f or helping the City
with a lot of sports programs.
Mr. Carney this is a great opportunity and if the Davis Cup c omes to the
United States he would like it to be in Delray Beach.
Mr. Jacquet stated if the Davis Cup comes to the United State s he would
love for it to be in Delray Beach. He stated being proactive and looking forward he
suggested to consider with some of the concerns that we have had w ith the tennis center
and tennis in the city putting together a small task force to re port to the Commission to
report to the City as far as how and what we should do with our tennis facility and tennis
programs in maximizing its efficiency and minimizing its cost to the city. Mr. Jacquet
reiterated that the City consider putting together a task forc e to give the Commission
recommendations on what to do and supports this.
Mayor McDuffie thanked City staff and the Sports Commissi on did a
great job. He stated the City has been beaten up about the stadium for years and beaten
up about tennis tournaments, etc. if you look at the economic impact i t brings to the City
of Delray Beach it is monstrous. Mayor McDuffie stated this past February he was in
Japan (7,500 miles away) with Mike Malone and they walked into a mar ine research
center and they were introduced as the City of Delray Beach a nd the gentleman in charge
of the research center said “ATP Tennis Tournament”. Mayor McDuf fie stated the City
of Delray Beach gets on international television. Mayor McDuffi e stated he has been on
the Commission since the city has turned down an opportunity to bid on the Davis Cup
because economic times were so bad and feels it is a wonderful time now to get us poised
to take that stadium over the top. He stated there are other pl ans out there today from at
least two or three different places that he knows of that the City may be able to talk about
in the future. Mayor McDuffie stated he supports this wholeheartedly.
Mr. Frankel moved to approve the United States Tennis Associati on
(USTA) Davis Cup Finals Bid, 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.
9.C. GRANT APPLICATION/TOURIST DEVELOPMENT COUNCIL:
DAVIS CUP: Approve and authorize staff to submit a grant application in the amount of
$150,000.00 to the Palm Beach County Tourist Development Council (TDC) to su pport
costs for the Davis Cup finals.
Doug Smith, Acting City Manager, stated as a follow-up to the p revious
item this would be an associated grant application in the amount of $150,000.00 to the
Palm Beach County Tourist Development Council (TDC) in support of the Davis Cup
finals. Mr. Smith stated the date of the finals would be Novembe r 2012 if it is held in the
United States. He stated it is based on an estimate of 3,000 room nights and there would
have to be a verification of those nights after the event and then i t would be reimbursable
grant. Mr. Smith stated there is a summary of the cash budge t and showing the net cost
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07/05/12
being a little less than the $100,000.00 in the $50,000-$$60,000 range. The applicat ion
itself does not include estimated revenue sharing funds that we hop e to get from USTA
based on ticket sales because the City cannot guarantee that unti l that is later approved by
them. Mr. Smith stated staff has this application before the Com mission for approval and
authorization to submit it to the TDC.
Mr. Carney stated if this comes to the United States and if i t is here in
November here in South Florida ticket sales will not be an issue.
Mr. Frankel stated he has a meeting next week with the TDC w here he
believes this would be discussed and with the permission of the Commi ssion, he will pass
along the entire Commissions enthusiasm and support.
Mayor McDuffie echoed comments expressed by the rest of t he
Commission.
Mr. Frankel moved to approve the Grant Application in the amount of
$150,000.00 to the Palm Beach County Tourist Development Council (TDC), second ed
by Mr. Carney. Upon roll call the Commission voted as follows: M ayor McDuffie –
Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said
motion passed with a 5 to 0 vote.
9.D. AGREEMENT/PALM BEACH COUNTY EDUCATION
COMMISSION, INC.: Consider approval of an agreement between the City and the
Palm Beach County Education Commission, Inc., for the funding of broadba nd service
(purchase of the radios and related equipment) in the NW/SW neighborhoods.
The City Attorney stated this is an agreement between the City of Delray
Beach and the Palm Beach County Education Commission and we are g oing to be
transferring approximately $130,000.00 to the Education Commission so they c an
purchase the radio antenna for the Digital Divide Project. H e stated at the last regular
meeting the Commission approved an Interlocal Agreement between th e City of Delray
Beach and the CRA where the CRA was going to fund this money.
Mayor McDuffie stated this is to light up the area from Lake Ida to 10 th
and from Swinton Avenue to Congress Avenue giving free wireless to e very home where
there is a free or reduced lunch student residing. He stated the re are several non-profit
organizations that are working with the City to support this. Ma yor McDuffie stated the
TED Center will be doing training; Atlantic High School, Spad y, and the Village
Academy will be refurbishing PC’s as well as the School Dis trict. The City has
volunteered to do the transportation of the devices back and forth and st ore them in the
city. Mayor McDuffie stated he is working on the Help Desk and that will either be Palm
Beach State College or Florida Atlantic University. He stat ed this is essentially the
money to buy 100% of the wireless transceivers that are mounted on t he FPL poles
throughout that area. Mayor McDuffie stated this equipment will be ordered tomorrow
and this project should be underway this summer.
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Mrs. Gray thanked Mayor McDuffie for doing a wonderful job with
helping to raise the money and to talk to everyone in Palm Beach County about this
project. In addition, Mrs. Gray thanked the Education Board as well.
Mr. Frankel echoed comments expressed by Commissioner Gray.
Mr. Jacquet moved to approve the Agreement between the City of De lray
Beach and the Palm Beach County Education Commission, Inc., seconded b y 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. S aid motion passed with a
5 to 0 vote.
9.E. REVISION TO PROCEDURES FOR QUASI-JUDICIAL
HEARINGS: Approve revisions to the Procedures for Judicial Hearings Paragr aph 4.A.,
“Swearing in of Witnesses”, to allow the Board’s Chairperson, Vi ce Chair or Second
Vice Chair to swear in individuals for quasi-judicial items.
The City Attorney stated this has happened occasionally and it jus t
recently happened where on some of the City board’s the Board Cler k who normally is a
person that swears everyone in for the Quasi-Judicial procedures might be absent, staff
has had to scramble to have another Board Clerk there. The City Attorney stated what
staff is attempting to do here is to allow the Board Chair, Vic e Chair, or the Second Vice
Chair to swear in the witnesses so in that case if the Board Clerk is not present or comes
in early and then leaves there will be someone there who can sw ear the witnesses in for a
Quasi-Judicial Hearing.
Mr. Jacquet asked if this change would confer the authority necessary on
the Chair to swear people in. The City Attorney stated we a lready have that in some of
the rules on some of the boards but not all of the boards.
Mr. Jacquet moved to approve revisions to the Procedures for Judicial
Hearings Paragraph 4.A., “Swearing in of Witnesses”, seconded b y Mrs. Gray. Upon roll
call the Commission voted as follows: Mr. Jacquet – Yes; Mr. Fra nkel – Yes; Mrs. Gray
– Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote .
9.F. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT
AUTHORITY: Appoint one (1) regular member to the Downtown Development
Authority (DDA) to serve a three (3) year term ending July 1, 2015. Based upon the
rotation system, the appointment will be made by Commissioner Frankel (S eat #3).
Mr. Frankel moved to reappoint David Cook as a regular member to th e
Downtown Development Authority (DDA) to serve a three year te rm ending July 1,
2015, seconded by Mrs. Gray. 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.
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9.G. APPOINTMENT TO THE CIVIL SERVICE BOARD : Appoint one
(1) regular member to the Civil Service Board to serve a two (2) year term ending July 1,
2014. Based upon the rotation system, the appointment will be made by Commissioner
Frankel (Seat #3).
Mr. Frankel moved to appoint Keith Sonderling as a regular member to
the Civil Service Board to serve a two (2) year term ending J uly 1, 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. Fra nkel – Yes. Said motion
passed with a 5 to 0 vote.
9.H. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint two (2) regular members from Zone 4 and an At Large
Representative to serve three (3) year terms ending July 31, 2015 t o the Neighborhood
Advisory Council. Based on the rotation system, the appointments will b e made by
Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3).
Mr. Jacquet moved to appoint Pearl Markfield Elrod as a regular member
(At Large Representative) to the Neighborhood Advisory Council (N AC) to serve a three
(3) year term ending July 31, 2015, seconded by Mr. Frankel. 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.
Mr. Frankel moved to appoint Kristen Albanese (Zone 4) as a reg ular
member to the Neighborhood Advisory Council (NAC) to serve a three (3) year term
ending July 31, 2015, seconded by Mr. Frankel. Upon roll call the Commiss ion 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.I. APPOINTMENTS TO THE GREEN IMPLEMENTATION
ADVANCEMENT BOARD: Appoint (4) regular members to serve two (2) year terms
ending July 31, 2014 and one (1) alternate member to serve an unexpi red term ending
July 31, 2013 to the Green Implementation Advancement Board. Based upon the r otation
system, the appointments will be made by Commissioner Jacquet (Seat #2),
Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Ma yor McDuffie (Seat
#5) and Commissioner Carney (Seat #1).
Mr. Jacquet moved to reappoint Michael Marcus as a regular memb er to
the Green Implementation Advancement Board to serve a two (2) ye ar term ending July
31, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as f ollows: Mr.
Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McD uffie – Yes; Mr. Carney
– Yes. Said motion passed with a 5 to 0 vote.
Mr. Frankel moved to reappoint Jeffrey Conley as a regular mem ber to the
Green Implementation Advancement Board to serve a two (2) ending July 31, 2014,
seconded by Mr. Jacquet. Upon roll call the Commission voted as follow s: Mr. Frankel
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– Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Y es; Mr. Jacquet – Yes.
Said motion passed with a 5 to 0 vote.
Mrs. Gray moved to reappoint Pamela Grossman as a regular mem ber to
the Green Implementation Advancement Board to serve a two (2) ye ar term ending July
31, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as f ollows:
Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; M r. Jacquet – Yes; Mr.
Frankel – Yes. Said motion passed with a 5 to 0 vote.
Mayor McDuffie stated he would like to appoint Isabelle Alari e as a
regular member to the Green Implementation Advancement Board to serve a two (2) year
term ending July 31, 2013. Mr. Frankel so moved, 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 mot ion passed with a 5 to 0
vote.
Mr. Carney stated he would like to defer his appointment to the nex t
regular meeting of July 17, 2012.
9.J. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD:
Appoint three (3) regular members to serve two (2) year term s ending July 31, 2014 to
the Financial Review Board. Based upon the rotation system, the appoi ntments will be
made by Mayor McDuffie (Seat #5), Commissioner Carney (Sea t #1) and Commissioner
Jacquet (Seat #2).
Mayor McDuffie stated he would like to defer his appointment t o the next
regular meeting of July 17, 2012.
Mr. Carney moved to reappoint Brian Anderson as a regular memb er to
the Financial Review Board (FRB) to serve a two (2) year term ending July 31, 2014,
seconded by Mr. Frankel. Upon roll call the Commission voted as fol lows: Mr. Carney
– Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes.
Said motion passed with a 5 to 0 vote.
Mr. Jacquet stated he would like to defer his appointment to the nex t
regular meeting of July 17, 2012.
At this point, the time being 6:45 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 19-12: Consider a Future Land Use Map amendment
from MD (Medium Density Residential 5-12 du/ac) to CC (Commercia l Core) and
rezoning from RM (Medium Density Residential) to CBD (Centra l Business District) for
a vacant parcel located on the east side of S.W. 10 th Avenue approximately 391 feet south
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of West Atlantic Avenue at 35 S.W. 10 th Avenue. If passed, a public hearing will be held
on July 17, 2012.
The caption of Ordinance No. 19-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA
ADOPTING A SMALL-SCALE FUTURE LAND USE
MAP AMENDMENT FROM MD (MEDIUM DENSITY
RESIDENTIAL 5-12 DU/AC) TO CC (COMMERCIAL
CORE), PURSUANT TO THE PROVISIONS OF THE
“COMMUNITY PLANNING ACT”, FLORIDA
STATUTES SECTION 163.3187, FOR LAND LOCATED
ON THE EAST SIDE OF SW 10TH AVENUE, 391 FEET
SOUTH OF WEST ATLANTIC AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN, AND
REZONING AND PLACING SAID LAND PRESENTLY
ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT TO CBD (CENTRAL BUSINESS) DISTRICT;
AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, JANUARY 2012"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 19-12 on file in the City Cler k’s
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning Department, s tated
this is a Future land Use Map change from Medium Density Res idential (MD) to
Commercial Core (CC) rezoning from RM (Multiple Family Resi dential) to CBD
(Central Business District) for a 0.157 acre property located approximately 391 feet
South of West Atlantic Avenue on the east side of S.W. 10 th Avenue (35 S.W. 10 th
Avenue). Mr. Dorling stated it is owned by the CRA and all lots north of it up to West
Atlantic Avenue and this site is part of the site that is being proposed for redevelopment
to a hotel. He stated this is the first part of that action. The hotel is proposed along
Atlantic Avenue and this would be support parking for that hotel.
At its meeting of June 18, 2012, the Planning and Zoning Board held a
public hearing and there were no concerns from the public and no one spoke and the item
was recommended approval unanimously with a 4 to 0 vote. Staff recommends approval.
Mrs. Gray asked if there is a reason why we would not go ahea d and do
the rest of the CBD block. Mr. Dorling stated this is a privat ely-initiated amendment for
the future owner and developer of that hotel and it is limited to that lot at thi s time.
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Mr. Carney moved to approve Ordinance No. 19-12 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as foll ows: Mr. Jacquet –
Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes.
Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 21-12: Privately-initiated amendment to the Land
Development Regulations to create Section 4.5.19, “Lintco Development Overlay
District” and amend Section 4.4.9 “General Commercial (GC) Dist rict”, Subsection (G),
“Supplemental District Regulations” to limit the Floor Area Ratio (FAR) within the
Lintco Development Overlay District, located at the northwest corner of Linton
Boulevard and S.W. 4 th Avenue. If passed, a public hearing will be held on August 7,
2012.
The caption of Ordinance No. 21-12 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 ENACTING A NEW SECTION 4.5.19, “LINTCO
DEVELOPMENT OVERLAY DISTRICT”, TO CREATE
A NEW OVERLAY DISTRICT; AMENDING SECTION
4.4.9, “GENERAL COMMERCIAL (GC) DISTRICT”,
SUBSECTION (G), “SUPPLEMENTAL DISTRICT
REGULATIONS”, TO RESTRICT THE
NONRESIDENTIAL DEVELOPMENT INTENSITY
WITHIN THE LINTCO DEVELOPMENT OVERLAY
DISTRICT; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 21-12 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance.
Mr. Dorling stated this amendment will restrict the non-resident ial
development intensity of the property within this area to a F loor Area Ratio (FAR) of
0.36 and then it will create by definition the Overlay District for which the FAR will
apply. He stated this is a follow-up to the Comprehensive Plan 2010-1 adopted by
Commission on December 14, 2010. Mr. Dorling stated there was a FL UM amendment
change at that time from medium density to general commercial and a text amendment in
the general commercial category that limited non-residential de velopment intensity to the
same FAR 0.36. Mr. Dorling stated that intensity was set to insure that traffic
concurrency could be achieved on the property at its maximum development pote ntial.
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At its meeting of June 18, 2012, the Planning and Zoning Board
recommended approval unanimously with a 4 to 0 vote.
Mr. Frankel moved to approve Ordinance No. 21-12 on FIRST Reading,
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.
12.C. ORDINANCE NO. 22-12: Privately-initiated amendment to the Land
Development Regulations to create Section 4.5.20, “Waterford Over lay District” and
amend Section 4.4.25 “Special Activities District (SAD)”, Subse ction (E) “Supplemental
District Regulations” to limit the Floor Area Ratio (FAR) a nd residential density within
the Waterford Overlay District, located south of Linton Boulevard, ea st of I-95. If
passed, a public hearing will be held on August 7, 2012.
The caption of Ordinance No. 22-12 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 ENACTING A NEW SECTION 4.5.20,
“WATERFORD OVERLAY DISTRICT”, TO CREATE A
NEW OVERLAY DISTRICT; AMENDING SECTION
4.4.25, “SPECIAL ACTIVITIES DISTRICT (SAD)”,
SUBSECTION (E), “SUPPLEMENTAL DISTRICT
REGULATIONS”, TO RESTRICT THE
NONRESIDENTIAL DEVELOPMENT INTENSITY
AND RESIDENTIAL DENSITY WITHIN THE
WATERFORD OVERLAY DISTRICT; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 22-12 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 by the same applicant as the p revious application and this
will restrict a non-residential development intensity for this property to 1.32 FAR (Floor
Area Ratio) and then it will also reference a maximum resid ential density of 12 units per
acre. Mr. Dorling stated this was also part of amendment 2010-1 adopted by the City
Commission on December 14, 2012 at which time a Future Land Use Amendm ent and
associated text amendment for the property was initially considered. He stated the zoning
was withdrawn and the land use amendment went forward and there was a portion in the
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text amendment which referenced a maximum FAR of 1.32 to meet tra ffic concurrency at
its maximum development potential.
At its meeting of June 18, 2012, the Planning and Zoning Board
considered this amendment and unanimously recommended approval with a 4 to 0 vote.
Mr. Frankel moved to approve Ordinance No. 22-12 on FIRST Reading,
seconded by Mr. Carney. Upon roll call the Commission voted as fol lows: 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.
12.D. ORDINANCE NO. 23-12: City-initiated amendments to the Land
Development Regulations Section 2.4.3(K)(1) “Development Applicat ions”; Section
2.4.3(K)(3) “Permit Fees” and Section 6.3.3 “Sidewalk Café” Subsect ion 6.3.3(A)
“Permit and Fees” to provide for an increase in certain develop ment application and
permit fees and increasing the permit fee assessed per squa re foot of approved sidewalk
café space. If passed, a public hearing will be held on August 7, 2012.
The caption of Ordinance No. 23-12 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 2.4.3, "SUBMISSION
REQUIREMENTS", SUBSECTION (K), "FEES",
PARAGRAPH (1), “DEVELOPMENT APPLICATIONS”
AND PARAGRAPH (3), “PERMIT FEES”; AND
SECTION 6.3.3, “SIDEWALK CAFÉ”, SUBSECTION
(A), “PERMIT AND FEES” TO PROVIDE FOR AN
INCREASE IN THE DEVELOPMENT APPLICATION
AND PERMIT FEES; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 23-12 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 city-
initiated amendment to the LDRs Section 2.4.3(K)(1)&(3) which outlines the current fee
schedules for “Development Applications” and “Permit Fees” a s well as Section
6.3.3.(A) “Permit and Fees” for Sidewalk Cafés.
Mr. Dorling stated previously the Commission directed staff to
periodically look at fees and to assess them as it relates t o other communities and
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municipalities, and that we do that on a semi-annual basis. Mr. D orling stated the
Planning and Zoning fees were raised last year. He stated i n this amendment staff is
adding two additional fees; one relates to the Beach Overlay Revie w Fee and is handled
by an outside agency (Urban Design) and they indicated that they would be charging
$50.00 more and staff has added that to the fee. Mr. Dorling stated the building fees wer e
looked at and they have not been raised for a couple of years and the Building
Department went out and looked at adjacent municipalities including Boca, Boynton,
Palm Beach Gardens, Deerfield, Pompano, West Palm, and Palm Beac h. He stated this
will bring the City’s fees in line with about the mid-range o f these municipalities. Mr.
Dorling stated the Sidewalk Application Fee is being proposed t o be raised from $4.50
per square foot to $4.75 per square foot raising a small amount of revenue.
At its meeting of June 18, 2012, the Planning and Zoning Board
recommended approval unanimously with a 4 to 0 vote. Mr. Dorling state d no one spoke
at that meeting and staff recommends approval of these changes.
Mr. Frankel moved to approve Ordinance No. 23-12 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.
At this point, the time being 6:57 p.m., the Commission took a short br eak
and reconvened at 7:00 p.m.
At this point, the time being 7:00 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 F Y 2013 Proposed Budget
at this time.
Mayor McDuffie declared the public hearing open regarding the fiscal
year 2013 proposed budget.
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), stated during the week he spoke to approximately
300 Delray Beach residents and informed them that he was going to pr esent to the
Commission something that he believes they will want to hear. D r. Kirson stated the
number one response was “Where you moving to Doc?” Dr. Kirson stated they all
thought it’s time since property values did not decrease.
Mayor McDuffie stated property values were up at prel iminary .015% and
they are now 2.2% down.
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Dr. Kirson requested less than $1 million to go towards a 5% pay i ncrease
for every employee for the City of Delray Beach including t he Mayor to the part-time
employees. He stated there should be about $19 million in the re serves and suggested
taking $1 million out of there to fund this. Dr. Kirson stated the City has 12 Enterprise
Funds and 12 Trust Funds that total almost $12 million and with Commissi on vote some
of this money that has been sitting there year after year c an be removed and used for this
item.
Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, stated he
has spoken previously and talked about the importance of looking at spendi ng as non-
essential services and essential services and has sent emails to the Commission about this
and about parking meters on the beach. Mr. Warner stated the only r esponse he has
received is from Commissioner Frankel. Mr. Warner stated he would like to know how
the Commission feels about this issue. He stated Mayor McDuff ie attempted to answer
his concerns when he stated the Commission has been working very ha rd on priority
based budgeting. Mr. Warner distributed copies of the document regar ding priority based
budgeting to the Commission. Mr. Warner stated he was informed by the City’s Finance
Director that every one of these items was ranked in one of four quartiles; quartile one
had the highest congruity with Commission goals; quartile four has the lowest correlation
with Commission goals. He briefly discussed the priority base d budgeting list. Mr.
Warner asked the Commission why they believe that this spending on special events,
tennis lessons and the teen center is more important than what the Police Chief and the
Fire Chief have asked for.
Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL
33483, thanked the Commission for a safe 4 th of July. Ms. Morrison stated there is no
proposed budget on the website to comment on. She stated the polic e have cut almost $1
million out of their budget, fire and EMS have cut out $1.6 million over t he last 26
months out of their budget; parks are up to 18% of the City’s budget and that keeps
growing while the essential services costs are being cut. Ms. Morrison stated the Police
and Fire budgets now exceed the ad valorem tax rate ($52 million a year) and the ad
valorem taxes are about $46-$47 million range.
There being no one else from the public who wished to speak on the
proposed budget, the public hearing was closed.
10.B. ORDINANCE NO. 16-12: Consider an amendment to Chapter 33
“Police and Fire-Rescue Departments”, subtitle "Pensions", Section 33.60, “Definitions”,
Section 33.61, “Membership Conditions of Eligibility; Application”; S ection 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 a nd
Fund Management”; Section 33.689, “Retirement Benefit Enhancement”; Section 33.70,
“Direct Transfers of Eligible Rollover Distributions”; and cr eating Section 33.73,
“Termination of the System”, to implement and comply with Chapt er 2009-97, Laws of
Florida; Chapter 2011-216; and the Internal Revenue Code; and to comply w ith a court
decision.
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The caption of Ordinance No. 16-12 is as follows:
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.
(The official copy of Ordinance No. 16-12 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance and state d this
ordinance was tabled at the last Commission meeting and there w ere two items that were
brought up by the Chair of the Police and Fire Pension Board where they had proposed
the ordinance and staff made some modifications to it. The City A ttorney stated the
Board had questions on two changes; one of the changes as far as t he definition of
earnings the City believes it is important to have a term i n there whether it be “fiscal” or
“calendar” so that way there is a way to apportion what do y ou mean by year and when
does the year start. Therefore, the City Attorney suggest ed that this language be left
alone. The other item is under Section 33.65 where Mr. Liguori brought u p an item
where he mentioned that he spoken to Trish Shoemaker from the Division of Retirement
and in her opinion what the City was proposing in the ordinance was not something that
she concurred with. The City Attorney stated he received an opi nion from Jim Linn
saying that we are in compliance with State Statute as f ar as putting the language that we
have proposed in the ordinance.
A public hearing was held having been legally advertised in com pliance
with the laws of the State of Florida and the Charter of the City of Delray Be ach, Florida.
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Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Or dinance No. 16-12,
the public hearing was closed.
Mr. Frankel stated he concurs with the City Attorney that there should be a
definite date and another thing that was discussed at the last meeting was t he length of the
term what was being proposed was 2 to 4 years and it did not se em like the Commission
was comfortable with the four year terms for valid reasons. Mr . Frankel suggested that
the term be for 3 years. He stated the Downtown Development A uthority (DDA) is three
years, the Neighborhood Advisory Council (NAC) is three years, and the Community
Redevelopment Agency (CRA) is four years. Also, Mr. Frankel s tated when he was just
reappointed by Commissioner Carney there was only one other applicant.
Mrs. Gray asked if they go for a longer period of time and a
Commissioner does not get re-elected, would that time expire. T he City Attorney stated
if you are holding a spot because you are a Commissioner he thinks you would lose that
but he would have to look into this to see if that is the case.
Mr. Carney stated he supports the 2 year term because we n eed to keep
close eye on how the pension boards operate. He stated what t his board handles is such a
big part of the City’s budget in terms of how it could impact it that he prefers the 2 years.
Mr. Carney stated he also believes that we need some ascertai nable standard whether it is
calendar year or fiscal year because that is defined term and he does not like ambiguity
either.
Mr. Jacquet stated his comments remain the same as the last time the
Commission discussed this. He stated with such an important task that we need to make
sure that we have the best people available for that positi on. Mr. Jacquet stated this
allows the Commission to re-gage and take a look at who we have and how it is working.
Therefore, Mr. Jacquet stated he supports keeping the term for 2 years.
Mayor McDuffie stated it makes sense to leave it as is a nd supports the 2
year term.
Mrs. Gray moved to adopt Ordinance No. 16-12 on Second and FINAL
Reading, seconded by Mr. Frankel. 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.
10.C. ORDINANCE NO. 20-12: Consider a city-initiated ordinance amending
Chapter 110, “Local Business Taxes Generally”, Section 110.15, “Loca l Business Tax
Schedule”, to provide for a 5% percent increase in all business tax fees.
The caption of Ordinance No. 20-12 is as follows:
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07/05/12
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.
(The official copy of Ordinance No. 20-12 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.
Lula Butler, Director of Community Improvement, stated this ordi nance
was before the Commission for first reading on June 5, 2012 and at that time the
Commission passed Ordinance No. 20-12 and staff is back today for a public hearing.
Staff recommends approval of Ordinance No. 20-12 as presented. Mrs . Butler stated
between October 1, 2011 and July 5, 2012 the City received 997 new business t ax receipt
applications; 219 of those are home occupational licenses; total business tax receipts are a
little over 4,300 plus another 2,200 for contractors that are located outsi de of Delray
Beach that must be registered each year. Mrs. Butler stated the City does not charge a fee
to those who live outside of Delray Beach.
Mayor McDuffie declared the public hearing open.
Mike Malone, President of the Chamber of Commerce, 64 S.E. 5 th
Avenue, Delray Beach, FL 33483, stated he presented the Commission with a letter
from the Chamber and they acknowledge that this is not a large tax but they suggest that
as the Commission looks at their budget in the upcoming year and instead of passing a
series of taxes or fees over a certain period to look at it a s one general package. Mr.
Malone stated if the City knows what the expenses are going to be for the upcoming year
the City could look at possible income sources to offset those expenses.
Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL
33483 (Chairman of the Financial Review Board), read a brief report into the record
regarding the Financial Review Board (FRB). Ms. Morrison stat ed it was noted on a City
Commission meeting agenda that an increase in the business tax s chedule was being
presented and this took the FRB by surprise because it was not b rought to the board
beforehand. She stated it was not discussed with the Chamber of C ommerce or any of
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the boards that go between the Chamber, the business leaders and the Ci ty. Ms. Morrison
stated the FRB does not oppose the small increase and since the f ee has not been raised
since 2008 and the rate schedule is in line with similar fees for Palm Beach County
municipalities the FRB objects only to the process by which t his increase is being sought
because since the fee schedules for all departments are bei ng reviewed currently it would
seem logical to view any proposed changes at the same time; the City has several boards
and committees currently in place with which the fee increases could possibly affect
commerce, business, and other important aspects of the city ec onomy. Ms. Morrison
stated the FRB recommends a more collaborative and holistic approa ch to fee increases
before any fee increases are approved. In addition, Ms. Morrison s tated Ordinance No.
20-12 does not state anywhere that should the business tax payer viola te any of the
ordinances governing their business within the city that the city maintains and has the
right to revoke that license. Immediately render it invalid w ith no refund in fees or
taxes. She stated language should be added to this ordinance even thoug h such violations
may be addressed elsewhere in city ordinances.
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), stated he does not understand why the City is
bothering the businesses for $38,000. Dr. Kirson stated the City paid $1.2 million for six
pillars on Atlantic Avenue coming off I-95 he feels the Commis sion is throwing away
money all over the place.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 20-12, the public hearing was closed.
Mr. Frankel stated he supports the increase because it is minimal and it has
not been increased in four years and recently the City require d all our special events to
pay 100%. He stated approximately 100,000 people attended the 4 th of July fireworks
and everything associated with the event is not free and the City does these events weekly
to bring people to our city. Mr. Frankel stated to ask the busi ness community to
minimally contribution with this 5% increase is fine. Also, Mr. F rankel stated he
acknowledges the Chamber’s letter as well as the Chair of t he FRB. Mr. Frankel stated
there has been public input opportunities, the contribution level i s minimal and reiterated
that the fee has not been raised in four years.
Mrs. Gray echoed comments expressed by Commissioner Frankel a nd
stated she supports the increase. She stated the City is using grant dollars for the public
art that Dr. Kirson is referring too. Mrs. Gray stated she is business owner and realizes
that we have to be creative with bringing in more revenue besides the pro perty taxes.
Mr. Carney stated when the City is talking about raising fees he feels they
should be looked at in conjunction with all the other fees that may be looked at in a year.
He stated the Chamber made a good point in their letter that we have to look at things
comprehensively. Mr. Carney stated on the other hand he looked at what some of the
other cities are paying and our rates are not outrageous even with the 5% and these have
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not been raised since 2008. He stated the cost in doing some of thes e have exceeded 5%
in the last four years and supports the increase.
Mr. Jacquet echoed comments expressed by Commissioner Carney and
supports the comments that Mr. Malone of the Chamber not to piecemeal this and mak ing
sure that it is comprehensive if we are going to raise fees. Mr. Jacquet stated he
understands that there has been no increase for four years and i t is only 5% and for the
business owners it is not going to be that hard of a hit. He sta ted he understands the good
that this brings but expressed concern over the way that we do business and does not
want to set the wrong example that every time we have finan cial issues we can just raise
the fees one place. Mr. Jacquet stated there are a lot of event s downtown and cleanup
and all those things cost money. He stated the business community needs to contribute to
that. Mr. Jacquet stated the increase is long overdue and feels w e are going about it the
wrong way.
Mayor McDuffie stated one of the things that the City has bee n doing for
the last several years is to take a look at our fee structure across the board. He stated the
City has been looking at every fee in this city in this. May or McDuffie stated the City
has tried to reach out and touch the people the least way possib le. Mayor McDuffie feels
the City has been very fair in the ad valorem tax rates and in t he fee structures. He stated
he supports the increase.
Mr. Frankel moved to approve Ordinance No. 20-12 on Second and
FINAL Reading, seconded by Jacquet. Upon roll call the Commis sion voted as follows:
Mr. Carney – Yes; Mr. Jacquet – No; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor
McDuffie – Yes. Said motion passed with 4 to 1 vote, Commissioner Jacquet dissenting .
10.D. RESOLUTION NO. 27-12/CONTRACT FOR SALE AND
PURCHASE/212 N.W. 14 TH AVENUE: Consider approval of Resolution No. 27-12, a
contract for sale and purchase, authorizing the City to sell the N eighborhood Stabilization
Program property located at 212 N.W. 14th Avenue to Jesus Aguierre-R ueda and Maria
Gomez for the purchase price of $53,600.00 or appraised value.
The caption of Resolution No. 27-12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO SELL REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA,
AS DESCRIBED HEREIN, HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE BUYER AND THE CITY
OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 27-12 is on file in the City Clerk’s
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office.)
Lula Butler, Director of Community Improvement, stated this is a request
to sell a neighborhood stabilization property located at 212 N.W. 14 th Avenue to a Jesus
Aguirre-Rueda and Maria Gomez for $53,600.00 or the appraised value. Mr s. Butler
stated for the last two years the City has been buying, acquiring, rehabilitating, and
selling homes under the Neighborhood Stabilization Grant ($1.9 million) that the City
received two years ago. Mrs. Butler stated this grant has b een matched by another
$400,000.00 from the CRA. She stated the City has purchased approximately 15 units
and this house is the 8 th one to be sold.
Mr. Jacquet asked if this is being sold to Delray Beach reside nts. Mrs.
Butler stated this is being sold to Delray Beach residents.
Mrs. Butler asked if being a Delray Beach resident is par t of the criteria.
Mrs. Butler stated this is not a criteria.
Mayor McDuffie declared the public hearing open.
Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL
33483, thanked Mrs. Butler for putting another house on the tax base roll ex panding our
tax base.
There being no one else from the public who wished to address the
Commission regarding Resolution No. 27-12, the public hearing was closed.
Mr. Carney moved to approve Resolution No. 27-12, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr. Franke l –
Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – 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
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.
Doug Smith, Acting City Manager, stated at the meeting of J une 19, 2012,
a concern was raised from the Orange Leaf Yogurt Café regarding their request to add a
customer counter with 4 bar stools and they had a concern about the requirement for
contributing dollars towards additional parking spaces. Mr. Smit h stated the Planning
and Zoning Department researched this item and noted that the Yog urt Café is part of a
broad use category that includes delis, ice cream store, etc. a nd they are allowed to have
outside seating as part of a sidewalk café without having to p rovide additional parking
spaces. He stated they are also classified as a retail establishment which has a lower
parking requirement than restaurants. Mr. Smith stated in LDR Se ction 4.6.9 it lays out
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the requirements that for these types of establishments if it is not classified as a restaurant
but qualifies for a sidewalk café and has no inside seating then th ey get the lower parking
requirement attached to that. Mr. Smith stated in this case t hey are asking for a small
number of seats but if it were introduced there would be the pote ntial for enforcement
issues as well with Code Enforcement in addition to conflicting wit h the LDRs. He
stated if the City were to change that it could also creat e some concerns from restaurants
that would look at their situation from the other side seeing somebod y that is getting an
additional benefit.
11.B. From the Public.
11.B.1. Rosetta Rolle, 301 N.W. 3 rd Avenue, Delray Beach, FL 33444, asked
how many open space areas we have in Delray Beach, how larg e they are, and how many
people will they accommodate. She stated at previous meeting s she has asked for large
open spaces/public squares where people can sit and have lunch or read a book. Mrs.
Rolle stated there is nothing that faces Atlantic Avenue as fa r as the library is concerned
and noted that everything is behind the building. She stated there is nothing at the
Courthouse and it fronts Atlantic Avenue but does not look like a seri ous place. She
stated she is going to make a note of how many places that she w ould like to see
upgraded.
11.B.2. 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), stated on June 5, 2012 he spoke about the
tremendous waste of our tax dollars continuing to fight the Caron Foundati on lawsuit and
he received no response. Dr. Kirson stated the Caron Foundation is p utting up $4 million
and the City does not have any money to put towards it. He stated t he judge said “you
lose” but we are appealing the decision. Dr. Kirson commented about campaign
contributions and stated if the Caron Foundation would come up with a huge campaign
contribution the City could settle this and be done with it.
11.B.3. Michael Malone, President of the Delray Beach Chamber of
Commerce, expressed gratitude and commended City staff for the excellent job on the
4 th of July event.
At this point, the time 7:50 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
Doug Smith, Acting City Manager, stated he is continuing to work
through the budget review process and when the City Manager is back in town next week
he will be working with him to get the budget document ready to pass along to the
Commission soon which will also be available on the website.
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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 acknowledged former Commissioner Weatherspoon for bein g
in attendance this evening.
13.C.2. Mr. Carney
For the record, Mr. Carney stated he never comments on pending
litigation.
Secondly, Mr. Carney stated although Delray Beach did not win the A ll-
America City Award, he was at a 4 th of July event yesterday and someone in the crowd
was talking about the major achievements that Delray Beach has seen this year. He
stated one of the people mentioned the Arts Garage and the second t hing they said was
the reading program that they instituted in Delray for the kids. Mr. Carney stated
although we may not have won it had a very positive impact on many people who knew
exactly what we were trying to achieve.
13.C.3. Mrs. Gray
Mrs. Gray asked if she could get an update on the Full Servic e Center.
She stated about 1½ years ago they had a workshop with the principa l at Village
Academy, some people from around the community, and the Commission. Mr s. Gray
stated the School Board is looking at possibly demolishing it for f uture plans for a field
and track for the Village Academy.
Secondly, Mrs. Gray stated July 20-22, 2012 the Roots Cultural Festiva l is
having their Youth Basketball Tournament and are bringing in teams from Baton Rouge,
Louisiana, Gainesville and Miami.
Lastly, with regard to the CDBG area that the Commission vote d on
tonight a few weeks ago the Community Redevelopment Agency did an RFP and they
cannot seem to find someone to redevelop these parcels of land. Mr s. Gray stated she
would like to see if it is possible to expand the CDBG area so that we can get s ome viable
contracts or bids on this piece of property. She stated she s uggested to the Planning
Director about making the southeast area of Atlantic Avenue consi stent as well for future
growth (the entire first block on West Atlantic Avenue and the thi rd block on the
southeast).
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13.C.4. Mr. Frankel
Mr. Frankel recognized Stephanie Immelman and the Delray B each
Marketing Cooperative for the work they did with the Travel Channel , Rand McNally
and USA Today for their “Best of the Road” competition. He state d Delray Beach is up
for the “Most Fun Small Town” in the USA and the entire Commission came out to Old
School Square for the concert and the Mayor had some great comment s. Mr. Frankel
stated they put on a two day event for this news media and the exposure comes in the
newspaper as well as international TV is invaluable. Mr. Fra nkel extended kudos to
Stephanie Immelman and all the partners to show what a great place we live in. Also,
Mr. Frankel recognized Sarah Martin, Clean & Safe, the explorer s, etc. for the two day
fireworks and 4 th of July celebration and noted it was a great event. Mr. Frankel stated
his nephew had a great time yesterday.
13.C.5. Mayor McDuffie
Mayor McDuffie stated he attended the All-America City conference and
it was a disappointment not to win. However, Mayor McDuffie sta ted we learned some
things that we probably should have known before we worked our plan but there is a
particular federal program that we were not involved in and he f eels that is where our
lack of knowledge came from. He stated there was a term cal led “alignment” and before
they ever got to announce who the winners were, it was very difficul t to understand how
this fit in third grade reading. Mayor McDuffie stated it t urned out to be a very important
part of the judging. He stated the description of it is what we are looking to do in this
third grade reading proficiency is to take out 501(3)(c)’s who ar e doing Pre-K. Mayor
McDuffie stated what this reading proficiency is headed for is to align the curriculum
with the K-12 curriculum in the public schools so that these kids ha ve a seamless transfer
out of the Pre-K programs into the K-12 programs and that is goi ng to be a big part of
what happens in the next All America City awards where the y will award based on your
performance against your plan. Mayor McDuffie stated everyone learned a great deal
about how to be successful next time and learned about something that they were judging
on that the City did not address at all and believes that the City will be much be tter poised
for the next time around. He stated the sharing and networking there are invaluable and
the day after the conference the US Conference of Mayors adopt ed this program. Mayor
McDuffie stated other than the speakers there was not one other elected official in the
crowd at the conference. He stated our people did a magnificent job and sh ould be proud.
Mayor McDuffie stated the City was constantly complimented throughout the entire
conference regarding the presentation.
Secondly, Mayor McDuffie stated he is thrilled that tomorrow morning the
City will sign the check to start the Digital Divide Project.
He commended Sarah Martin and Stephanie Immelman for the
magnificent job with the 4 th of July celebration. Mayor McDuffie stated he learned
something afterwards and that is it was not two days for the R and McNally people but it
was actually three and day three Stephanie entertained them all day in her h ome.
27
07/05/12
There being no further business, Mayor McDuffie declared the m eeting
adjourned at 8:02 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 July 5, 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 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, clowns are the ambassadors of joy and goodwill and
bring happiness to both children and adults; and
WHEREAS, on October 8, 1970, Public Law 91-443 under the 91 st
Congress, JJR 26 was passed by both the House and S enate to push for
publicity for Clown Week; and
WHEREAS, President Richard Nixon signed a joint resolution i nto
law on August 2, 1971 to designate the week of Augu st 1 st - 7 th as
International Clown Week; and
WHEREAS, charitable activities of clowns and the wholesome
entertainment they provide for all of our citizens through special events
and activities such as performing volunteer shows a re held in celebration;
and
WHEREAS, while International Clown Week is celebrated aroun d
the world, it’s only officially recognized in the U nited States.
NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of
Delray Beach, Florida, on behalf of the City Commis sion do hereby proclaim the
week of August 1-7, 2012 as:
INTERNATIONAL CLOWN WEEK
in the City of Delray Beach, Florida, recognize clo wns on their multitudinous
contributions that enhance the lives of individuals and communities and invite all
residents to participate in the events of Internati onal Clown Week.
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the Official Seal of the City of Delray Beach, Flor ida, to be affixed this 17 th day
of July, 2012.
____________________________
NELSON S. McDUFFIE
MAYOR
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Dot Bast, Training and Development Manager
THROUGH:Bruce Koeser, Human Resources Director
David Harden, City Manager
DATE:July 3, 2012
SUBJECT:AGENDA ITEM 7.A. - REGULAR COMMISSION MEETING OF JULY 17, 2012
RESOLUTION NO. 33 -12
ITEM BEFORE COMMISSION
Resolution honoring Robert Johnson, Crew Leader II, for 30 years of service.
BACKGROUND
In accordance with the City’s service award policy, employees with 30 years of continuous full-time
service are to be honored by the City Commission wi th a resolution and plaque. Robert Johnson, Crew
Leader II, achieved this milestone on June 7, 2012.
RESOLUTION NO. 33-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, RECOGNIZING AND COMMENDING ROBERT
JOHNSON FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY
OF DELRAY BEACH.
WHEREAS, Robert Johnson was hired by the City of Delray Beach as a Lab orer I in the Parks Maintenance
Division on June 7, 1982 and on June 7, 2012 reached a milestone in his career, having achieved thirty years of full-
time service with the City; and
WHEREAS, Robert Johnson was promoted to Equipment Operator within one month and promoted to Crew
Leader II on June 5, 1986 and has continued to serve his community in this position with honor and di stinction; and
WHEREAS, Robert has been in charge of the City cemetery maintenanc e for the past twenty-six years and
has held himself and his crew to the highest standards, displaying excellent cu stomer service; and
WHEREAS, Robert has established himself as a loyal, trusted and co mmitted employee to his department
and the citizens that he serves; and
WHEREAS, the City of Delray Beach and the Parks and Recreation Depart ment are honored to have had
Robert as a valued member of the municipal team over the past thirty years and appreciate his continued service.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CIT Y OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach her eby recognizes and commends Robert
Johnson for thirty years of dedicated and faithful public service.
Section 2. That the City Commission hereby congratulates and expresse s sincere thanks and appreciation to
Robert Johnson for his many years of service, and wishes him the best of hea lth and happiness in his continued
employment.
PASSED AND ADOPTED in regular session on this the 17 th day of July 2012.
___________________________________
MAYOR
ATTEST:
__________________________________
CITY CLERK
SERVICE AWARD
Presented to
Robert Johnson
As a token of our esteem and gratitude
for your 30 years
of outstanding contributions
and distinguished service to
The City of Delray Beach
Parks and Recreation Department
June 7, 1982 – June 7, 2012
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Tamara Genius, Plan Reviewer
Richard C. Hasko, P.E., Environmental Services
THROUGH:David T. Harden, City Manager
DATE:July 9, 2012
SUBJECT:AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF JULY 17, 2012
ACCEPTANCE OF WATER EASEMENT/ ABBEY DELRAY SOUTH
ITEM BEFORE COMMISSION
Acceptance of an exclusive water easement deed for a new fire hydrant at Abbey Delray South.
BACKGROUND
Abbey Delray South is a senior living community loc ated at 1717 Homewood Boulevard; just south of
Linton Boulevard. See location map.
A fire hydrant will be installed to the rear of the newly constructed kitchen on this project. The fi re
hydrant installation is for compliance with Fire De partment requirements. The location of the hydrant is
based on the proximity to an available water main.
A water easement is required so that City crews can access and perform maintenance operations
associated with the new City maintained water main.
RECOMMENDATION
Staff recommends acceptance of the water easement d eed.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Tamara Genius, Plan Reviewer
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:July 10, 2012
SUBJECT:AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF JULY 17, 2012
ACCEPTANCE OF RECLAIMED WATER EASEMENT DEED/ LANE SUB DIVISION
ITEM BEFORE COMMISSION
Acceptance of a reclaimed water easement deed for a new reclaimed water main at Lane Subdivision.
BACKGROUND
Lane Subdivision is a 1.24 acre property divided in to four (4) residential lots, each with its own add ress.
This subdivision is located on Hammond Road, south of George Bush Boulevard and east of Andrews
Avenue. See Location Map.
Per City Ordinance 59.06 (C), connection to the Cit y's reclaimed water system for irrigation is
mandatory if the City's reclaimed water system is a vailable for connection. Since there is an existing
reclaimed water main on Andrews Avenue, Lane Subdiv ision is required to connect to the reclaimed
water main on Andrews Avenue.
A 4-inch line will be connected to the existing stu b-out on Hammond Road and along the north side of
Hammond Road. Consequently, a 10-foot utility easem ent is required.
RECOMMENDATION
Staff recommends acceptance of the Reclaimed Water Easement Deed.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Catherine M. Kozol, Asst. City Attorney/Police Legal Advisor
THROUGH:City Attorney
DATE:July 2, 2012
SUBJECT:AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF JULY 17, 2012
INDEPENDENT CONTRACTOR AGREEMENT/VINCENT MINTUS
ITEM BEFORE COMMISSION
This is an Independent Contractor Agreement between The City of Delray Beach and Vincent Mintus.
BACKGROUND
This is an agreement between Vincent Mintus, in ind ependent contractor, and The City of Delray Beach
for Mr. Mintus to provide services to the City of D elray Beach Police Department to conduct
background investigations for prospective candidate s for police officer and non-sworn police
employment. This position will relieve overburdene d detectives of the responsibility of conducting
additional background investigations. As an indepe ndent contractor, Mr. Mintus will not be entitled t o
participate in any pension plans or other benefits provided by the City.
FUNDING SOURCE
Mr. Mintus will be paid $30.00 per hour by the Delr ay Beach Police Department. The total cost of
services to be rendered will be approximately $20,0 00.00.
RECOMMENDATION
The City Attorney's Office recommends approval.
EXHIBIT “A”
GENERAL DESCRIPTION :
Conduct thorough investigations into the backgrounds of prospective candidates for
police officer and non-sworn police employment. Research , compile and organize data,
investigate discrepancies and/or questionable information to be presented to the Chief
of Police. Work is performed under the general supervi sion of the Training Unit
Sergeant.
MAJOR RESPONSIBLITIES :
Interview applicants to obtain information regarding their work history, education, skills,
etc., as required.
Conduct comprehensive pre-employment background investig ation in accordance with
the guidelines established by the Florida Department of Law Enforcement to include on-
site interview as necessary.
Compose, edit and compile investigative reports, memora ndums and other
documentation related to background investigations.
Review the application.
Conduct personal interviews.
Complete neighborhood checks.
Contact previous employment of applicant.
Conduct a criminal records check.
Conduct a driver’s license check.
Verify all documents provided (citizenship, military, etc).
Verify personal references and educational background.
Conduct a credit check.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Catherine M. Kozol, Asst. City Attorney/Police Legal Advisor
THROUGH:City Attorney
DATE:July 9, 2012
SUBJECT:AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF JULY 17, 2012
TRAFFIC ENFORCEMENT AGREEMENT/SHERWOOD FOREST HOMEOWNERS
ASSOCIATION
ITEM BEFORE COMMISSION
This is a Traffic Enforcement Agreement between The City of Delray Beach Police Department and the
Sherwood Forest Homeowners Association.
BACKGROUND
This Agreement will allow the Police Department to enforce state and local traffic laws on the private
roads of Sherwood Forest. The Agreement also manda tes that the Homeowner Association comply
with the speed limits set by Florida Statute and fo llow Department of Transportation standards for
traffic control devices. The Police Department fee ls that allowing enforcement of State and local tra ffic
laws will enhance our presence in the area and have a more direct impact on crime in that area.
FUNDING SOURCE
Sherwood Forest Homeowner's Association will pay th e sum of $12.00 per year to the City of Delray
Beach.
RECOMMENDATION
Approve.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer
Richard C. Hasko, PE, Environmental Services Direct or
THROUGH:David T. Harden, City Manager
DATE:July 12, 2012
SUBJECT:AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF JULY 17, 2012
RESOLUTION NO. 34 -12: FDOT/MAINTENANCE MEMORANDUM OF AGREEMENT
ITEM BEFORE COMMISSION
This item is before the Commission seeking approval of Resolution Number 34-12 which authorizes the
Mayor to sign the attached inclusive Maintenance Me morandum of Agreement (MMOA) with Florida
Department of Transportation (FDOT).
BACKGROUND
At the July 05, 2012 Commission meeting the attache d MMOA was approved by Commission. The
FDOT is requesting that a Resolution be executed by the City of Delray Beach and included with this
MMOA. Attached is the requested Resolution.
RECOMMENDATION
Staff recommends approval.
RESOLUTION NO. 34-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA APPROVING A MAINTENANCE
MEMORANDUM OF AGREEMENT WITH THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION TO PROVIDE
FOR AN OVERALL UNIFORM LANDSCAPE MAINTENANCE
AGREEMENT COVERING THE AREAS UNDER FDOT
JURISDICTION IN THE CITY OF DELRAY BEACH; PROVIDING
FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Delray Beach Florida desires to approve the Maintenance
Memorandum of Agreement with the State of Florida Dep artment of Transportation to
provide for maintenance of landscaped areas that are l ocated on property under FDOT
jurisdiction but in the City of Delray Beach.
WHEREAS, the City Commission authorizes the execution o f the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA:
Section 1 . That the recitals set forth are incorporated as if fully set fo rth herein.
Section 2. The City Commission of the City of Delray Beach au thorizes the entry in
the Maintenance Memorandum of Agreement, related to P ermit No.(s) 2007-L-496-0105,
2007-L-496-0006, 2009-L-496-0006, and future permits between the City and the Florida
Department of Transportation and authorizes the execution thereof.
PASSED AND ADOPTED in regular session on this the ____ day of
______________, 2012.
___________________________________
M A Y O R
ATTEST:
________________________
City Clerk
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Linda Karch, Director of Parks and Recreation
Alberta Gaum, Recreation Superintendent
THROUGH:David T. Harden, City Manager
DATE:July 11, 2012
SUBJECT:AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF JULY 17, 2012
RESCIND BID AWARD TO SIMPLY THE BEST CHARTER
ITEM BEFORE COMMISSION
Request for Commission approval to rescind the bid award to Simply the Best Charters, Inc. for bus
rental and driver service for Parks and Recreation Department for the Youth Football Program, Summer
Day Camp, Holiday Day Camp, Special Events, Sport & Dance Competition, Over-Night/Weekend
Trips, at an estimated annual cost of $45,989.00.
BACKGROUND
On May 15, 2012, Commission approved a bid award to Simply the Best Charters, Inc. for bus rental
and driver service for Parks and Recreation's camps and programs. Simply the Best Charter has been
the service used by Parks and Recreation Department for the last year. During that time they have bee n
friendly and professional, however, the buses were not up to standard as documented in the attached
emails.
Bids for the Bus Rental and Driver Service were rec eived on April 25, 2012 from two contractors all in
accordance with City purchasing procedures. Parks and Recreation recommended Simply the Best
Charters, Inc. because they were the lowest bidder and with the understanding that previous problems
would be remedied.
Due to problems which have arisen, such as late pic kups, breakdowns, infestation of roaches and money
issues, Parks and Recreation would like to rescind the agreement with Simply the Best Charters, Inc.
and re-bid for this service.
RECOMMENDATION
Parks and Recreation recommends Commission approval to rescind the bid award to Simply the Best
Charters, Inc.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Douglas E. Smith, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:July 11, 2012
SUBJECT:AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF JULY 17, 2012
SPECIAL EVENT REQUEST / 9TH FAMILY FUN DAY AT POMPEY P ARK
ITEM BEFORE COMMISSION
City Commission is requested to approve the 9 th Annual Family Fun Day at Pompey Park, produced by
the Parks and Recreation Department, proposed to be held August 18, 2012 at Pompey Park from 8:00
a.m. to 11:00 p.m. with outside activities ending a t 10:00 p.m. Commission is also requested to appro ve
staff support for security and traffic control, fir e inspection, trash removal and clean up assistance , trash
boxes, use of the large City stage, and preparation and installation of event signage.
BACKGROUND
Attached are a special event permit application, si te plan, budget, and activity schedule received fro m
Gerrod Bodie, Site Supervisor, for this event. Fami ly Fun Day will host over 19 scheduled events and
activities throughout the day. A few of the activit ies include health screenings, youth and adult game s,
car show, best Griller and Baker contests, vendors and live entertainment. Parks and Recreation will b e
responsible for overall event management, vendor ap proval and other site management tasks. Outside
events will end at 10:00 p.m. due to being in a res idential neighborhood. The Back 2 School Teen Jam,
being held in the Pompey Park Gym, will continue un til 11:00 p.m.
The estimated costs are as follows: staff assistanc e $4,917, stage rental $530, and trash box costs $1 23
for a total cost estimate of $5,570. Per Event Poli ces and Procedures, since this is a City sponsored
event, there are no charges for City services or eq uipment. Also, a Hold Harmless Agreement and
Certificate of Insurance are not required.
RECOMMENDATION
Staff recommends approval of the special event perm it, staff support for security and traffic control, fire
inspection, trash removal and clean up, providing t rash boxes, setup and use of the large City stage a nd
event signage with outside activities ending at 10:00 p.m.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Douglas E. Smith, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:July 12, 2012
SUBJECT:AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF JULY 17, 2012
SPECIAL EVENT REQUEST / ON THE AVE - ROOTS CULTURAL FESTIVAL FAMILY
REUNION
ITEM BEFORE COMMISSION
City Commission is requested to approve a Special E vent Permit for On the Ave/Roots Cultural Festival
Family Reunion scheduled for August 11, 2012 from 4 :00 p.m. to 10:00 p.m. and to authorize staff
support for security and traffic control and fire i nspection. This event will be held on property owne d by
the Delray Beach Community Redevelopment Agency on SW 7th Ave., SW 8th Ave., and SW 9th Ave.
BACKGROUND
Attached are the special event permit request, site plan, budget, Economic Calculator and CRA/DBMC
temporary use agreement for this event received fro m Sarah Martin, Executive Director of the Delray
Beach Marketing Cooperative. The estimate of overti me costs for this event is $2,226. Based on the
event agreement, the DBMC is to pay the City 35% fo r all overtime costs for an estimated charge of
$780.
RECOMMENDATION
Staff recommends approval of the Special Event Perm it and staff support for security and traffic contr ol
and fire inspection with payment of costs to the Ci ty per the Special Event Policies and Procedures.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Jasmin Allen, Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH: City Manager
DATE:July 12, 2012
SUBJECT:AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF JULY 17, 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 July 2, 2012 th rough July 13, 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
Site Plan Review and Appearance Board Meeting of Ju ly 11, 2012
A. Approved (4 to 1, Alice Finst dissenting and Mark G regory and Rustem Kupi absent), a request to
amend the master sign program to add three new flat walls signs for the proposed Chase Bank
located at the Delray Town Center , at the northeast corner of Linton Boulevard and M ilitary Trail
(4775 Linton Boulevard).
B. Approved with conditions (5 to 0), a Class II site plan modification and landscape plan associated
with the construction of additional parking, on-site vehicular circulation improvements, upgrading
the landscaping and a new trash enclosure area for Villa Sobre Del Mar , located at the east end of
SE 5 th Street, adjacent to the Intracoastal Waterway (628 SE 5 th Street). Concurrently, the Board
approved a waiver to LDR Section 4.6.16(H)(3)(d), w hich reduces the required a 5-foot wide
perimeter landscape strip between the off-street pa rking area and the abutting property to 4 feet.
C. Approved with conditions (5 to 0), a Class III site plan modification, landscape plan and
architectural elevation plan associated with the co nversion of an automotive repair facility to an
office and retail center for 21 Drops Office Building , located at the northwest corner of SE 6 th
Avenue and SE 3 rd Street (290 SE 6 th Avenue). Concurrently, the Board took the followi ng
actions:
i.Recommend to the City Commission approval of a waiv er to LDR Section 4.6.9(D)(4)(d), which
reduces the required standard aisle width of 24 fee t for normal traffic flow with perpendicular
parking to 22 feet.
ii.Recommend to the City Commission approval of a waiv er to LDR Section 6.1.3(B)(1)(f), which
reduces the required 8-foot sidewalk along SE 3 rd Street to 5 feet.
iii.Approved a waiver to LDR Section 4.6.16(H)(3)(d ), which reduces the required 5-foot wide
perimeter landscape strip, along the north side of the property to 1.33 feet and along the west side
of the property to approximately 2 feet.
Historic Preservation Board Meeting of July 11, 201 2
1. Approved with conditions (6 to 0, Annie Adkins Roof absent), a Certificate of Appropriateness for
the construction of a new two-story single family r esidence, guest cottage and tennis court at 605
Andrews Avenue , which is a part of an individually designated sit e known as “Fontaine Fox
House”.
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:June 29, 2012
SUBJECT:AGENDA ITEM 8.J.1 - REGULAR COMMISSION MEETING OF JULY 17, 2012
CONTRACT AWARD/FLORIDA DOOR CONTROL
ITEM BEFORE COMMISSION
The Police Department requests approval to enter in to an agreement with Florida Door Control to
upgrade the hardware for the Department’s Access Co ntrol System in the amount of $17,060.
BACKGROUND
The hardware that controls the access panels to the exterior doors of the Police Department (the doors
that require employee identification badges to ente r) was given a Y2K patch in 1999 which allowed the
system to continue working through 2012. As of 1/1/13, the system will no longer function. This
hardware upgrade will replace the necessary compone nts to allow the system to continue functioning
into 2013 and beyond. Florida Door is the current v endor of the Department’s access control system, so
we would not recommend utilizing a different vendor to install component parts. Further, they have
reported that they are a sole source vendor for the current system (email and certificate attached). I n
order to thoroughly research the issue, the Departm ent did contact an alternate vendor (Control
Communications) who reported they would not be able to complete the upgrades we need (instead, they
proposed replacing the entire system.
FUNDING SOURCE
Funding is budgeted for this purpose in the Departm ent’s facility maintenance account: 001-2111-521-
46.10.
RECOMMENDATION
The Police Department recommends approval.
Email:
DATE
07-01-12
FAX
ATTENTION:Client Email:
All material is guaranteed to be as specified. All work to be completed in a workmen like manner accor ding to standard practices. Any alteration or devia tion from specification
involving extra costs will be executed only upon wr itten orders and will become an extra charge over a nd above the estimate. Agreements contingent upon s trikes, accidents
or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workers Compensation Insurance .
Note: This proposal may be withdrawn by us if not accepted within 45 days .Ted L. Hauser cell 904-219-7230
Sytem Upgrade $17,060.00
1EAUpgrade Existing Panels with the Following Hardw are:
1EAPE ProWatch Server Software
1EAPW6000 Controller
12EAPW 6000 Two Reader Board
2EAPW Enclosure 9 Board Capacity
2EAPower Supply w/Battery Backup
2EAPW Daisy Chain Cable
24EANoise Suppressors
2EABattery
1EAMisc Parts & Materials
Note:The above price includes cost of materials, warrant y, applicable taxes and freight charges.
PROPOSAL SUBMITTED TO PHONE
561-243-7816
DATE OF PLANS
Ed Flynn
Standard contract terms
Signature:______________________________________________
STREET
Delray Beach, Florida 33444-3695Delray Police Depa rtment Access Control Expansion
TH19055
Proposal Number
CITY, STATE and ZIP CODE
Delray Beach Police Department561-243-7854
300 West Atlantic Avenue
Date of Acceptance:____________________________________
See Below
Payment to be made as follows:
Signature:________________________________
Acceptance of Proposal - The above prices, specification and conditions ar e satisfactory and are hereby accepted
You are Authorized to do the work as specified. Pay ment will be made as outlined above.
30% Deposit, Remainder Upon Completion Cash & Check Sales Only
PROPOSAL
Florida Door Control of Orlando, Inc
100 N. Hogan Street
Jacksonville, FL 32202
1-800-321-6487 (FL Only) (904) 355-0979
FAX: 904-355-1230 tlhauser@bellsouth.net
JOB LOCATION
dungey@mydelraybeach.com
We Propose hereby to furnish material and/or labor-- complete in accordance with specifications below, for the su m of:
From Date 3-21-06 Visit us on the Web: www.fdc.com
1 | Page
#1 Choice in South Florida’s for Service & Repair
Marlo,
For the current upgrade to your WSE(Honeywell) access control system we rec ommend
using a company that specializes in access control and Honeywell/WSE syst ems in
particular. They would be able to expeditiously resolve the issues you are currently facing
for the upgrades.
We will be supplying you with a quote for a new system. Please let me kn ow if you need
any additional information.
Thanks,
Janet Jones
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
THROUGH:David Harden; City Manager
DATE:July 5, 2012
SUBJECT:AGENDA ITEM 8.J.2 - REGULAR COMMISSION MEETING OF JULY 17, 2012
CONTRACT AWARD/ INTERCOUNTY ENGINEERING, INC
ITEM BEFORE COMMISSION
Request to approve an award to Intercounty Engineer ing, Inc. in the amount of $82,998.00 for the
annual Lift Station Rehabilitation program, P/N 201 2-018. The lift station identified for this year’s
rehabilitation is #35.
BACKGROUND
The Public Utilities Department annually requests f unding for the program to allow rehabilitation of
stations exhibiting the most deterioration. This ye ar’s request is for rehabilitation of Lift Stations #3 5,
located on the east side of Congress Ave, across fr om Old Germantown Road. In addition to
rehabilitation of the station’s wet well, complete replacement of the valve vault is required.
The station is connected to the force main along Co ngress Avenue which is currently under design for
emergency replacement. The design is nearing comple tion, thus rehabilitation prior to the force main
replacement is preferred.
The City requested a quote from Intercounty Enginee ring, Inc. utilizing unit prices from an active
contract with Broward County, #Y608187B1 (on file a t Public Utilities). Their quote is in the amount o f
$82,998.00. The scope of work includes by-pass pumping of the station; furnishing and install ing new
stainless steel base plates, flanges, and gaskets; installation of break-away fittings and new pump guide
rails with associated brackets; installation of pro tective coating; and complete replacement of the va lve
vault with associated valves and piping. Break-awa y fittings and guide rails to be furnished by the C ity.
Staff recommends award Intercounty Engineering, Inc . for this project. They are pre-qualified for this
type of work and their performance history on City projects has been above satisfactory.
Upon approval by City Commission, Intercounty Engin eering, Inc. will execute a “Standard Form of
Agreement between the City and Contractor”.
FUNDING SOURCE
Funding is available from account #442-5178-536-68.15, Water and Sewer Renewal and Replacement/
Lift Station Rehabilitation, after a budget transfe r.
RECOMMENDATION
Staff recommends award to Intercounty Engineering, Inc. in the amount of $82,998.00 for Lift Station
Rehabilitation of station #35.
Date: 7/2/2012
Tasks description: (approx. 30 working days)Project Name:Lift Station #35
1Install MOT.1625, Congress Avenue
2Install by ‐pass system.Delray Beach, FL
3 Clean wetwell with cleaner truck (6 hours)
4Remove pumps, guide rail, guide rail brackets, base elbows and pump base.
5Remove 6" riser pipe, fittings and horizontal pipe between the elbow and the flange of the check valve.
6Remove Wetwell and Valve Vault top slab with hatch
7Remove fillet and install new fillet onthe bottom of the wetwell if needed
8Remove check valve,plug valve, pipe and fitting and pump out connection in the Valve Vault
9 Remove the existing Valve Vault (4 hours Foreman, 2 Labors and Backhoe)
10Install the new valve vault with Hatch, Bitumastic coating on the wall and floor external
11Core drill holes for the new pipe, 3 in the valve vault and 2 on the wet well, for a total of 5.
12Install the new wetwell top slab with new hatch
13Prepare the wet well and the valve vault for final coat
14Install Sewpercoat in the wet well and the valve vault.
15Install Base Elbows, provided by the City
16 Install Guide rail and its brackets, provided by the City (4 hours Foreman and 2 laborers )
17Install new 4" riser pipe, elbow and horizontal pipe in the wetwell
18Install new 4" check valve, plug valve, pipe and fittings and pump out connection in the Valve Vault
19Install long sleeve and conect the flanged pipe from Valve Vault to exist forcemain
20Apply epoxy coating on the 4" DI piping
21Restoration: prepare and install floratam sod (estimated 3 palets 1500 SF/9 = 166.66 SY).
ItemDescriptionQtyUnitUnit Price
SECTION 1 ‐ GENERAL CONDITIONS
1.03 Mobilization for Routine Work Order over $25,000 1EACH$2,444.00$2,444.00
1.07 Provide Foreman 8HOURS$65.00$520.00
1.08 Provide Laborer/ Crewman 16HOURS$55.00$880.00
1.09 Furnish Combination Cleaner Truck 6HOURS$225.00$1,350.00
1.1 Provide Backhoe 1DAYS$575.00$575.00
1.16 Maintenance of Traffic (Allowance)0.33AL$2,000.00$660.00
1.17 F&I Temporary Bypass Pumps and Piping (Allowance)0.55AL$5,000.00$2,750.00
1.18 Operate and Maintain Temporary Bypass System (Allowance)0.5AL$2,500.00$1,250.00
SECTION 2 ‐ DEMOLITION REMOVAL AND DISPOSAL
2.02 Demolition Slab over Wet Well or Vault >8" ≤12" Thick 100SF$47.00$4,700.00
2.03 Remove existing Iron Piping and Fittings in Wet Wells or Vaults 0.84TON$3,800.00$3,192.00
Proposal
INTERCOUNTY ENGINEERING, INC.
1925 NW 18 TH STREET
POMPANO BEACH, FL 33069
TEL: (954) 972-9800 FAX: (954) 974-0042
Page 1 of 3
2.04
Remove existing Iron Piping and Fittings below Grade, including
Excavation, temporary Restraint, Backfilling, Compaction, and
Restoration 0.1TON$4,500.00$450.00
2.06 Remove existing Valves (10" and under) in Wet Wells or Vaults 5EACH$800.00$4,000.00
2.07 Remove existing Pump Base Ells and Rails 2EACH$650.00$1,300.00
2.12 Remove Fillet from Bottom of Wet Well 25CF$30.00$750.00
SECTION 3 ‐ SITE WORK
3.09 F&I Floratam Sod 166SY$5.00$830.00
SECTION 4 ‐ NEW AND REHABILITATED CONCRETE WORK
4.03 Core Hole in Concrete up to 12" thick (6" to 12" dia)5EACH$940.00$4,700.00
4.09 F&I Wet Well Precast Top Slab with 2.5' x 4.5' Hatch (6' dia)1EACH$5,000.00$5,000.00
4.13 F&I Wet Well Fillet 25CF$30.00$750.00
4.14 F&I 4.5' x 7.0' Precast Meter Vault 1EACH$12,000.00$12,000.00
4.17 Wet Well and Manhole Interior Surface Preparation 496SF$3.50$1,736.00
4.19 F&I Wet Well and Manhole Cementitious Coating ‐ Precast 496SF$10.00$4,960.00
4.2 F&I Epoxy Coating 38SF$9.00$342.00
4.21 F&I Bitumastic Coating 214SF$3.00$642.00
SECTION 5 ‐ PIPING AND VALVES
5.01 F&I 4" FLG Plug Valves with SS Accessories 3EACH$1,500.00$4,500.00
5.05 F&I 4" Check Valves with SS Accessories 2EACH$1,400.00$2,800.00
5.09 F&I 4" Pump Out Connection 1EACH$2,500.00$2,500.00
5.15 F&I 4" Flanged DI Piping 28LF$68.00$1,904.00
5.23 F&I Pump Base Elbow and County Supplies Pumps (4" 2EACH$1,500.00$3,000.00
5.27 F&I Well Wet Vent 1EACH$750.00$750.00
5.34 F&I DIP Force Main Fittings and Accessories 219LBS$5.00$1,095.00
5.42 F&I Connection to Existing Force Main ‐ 6"1EACH$4,800.00$4,800.00
5.46 F&I Flanged DIP Fittings 978LBS$6.00$5,868.00
TOTAL ITEMS 1.01 THRU 5.46 (ONE (1) YEAR)$82,998.00
CALCULATIONS
2.03 Remove existing Iron Piping and Fittings in Wet Wells or Vaults
3 each 6"x4" fl reducer= 3x45lbs=135lbsNote:
2each 6"x8' fl DIP= 2x188lbs=376lbs NOTE: The weight used for this calculation was taken
2each 6"x2' fl DIP= 2x68lbs=136lbs from Pipe Economy CLOW book from 1991 because
2each 6"x1' fl DIP=2x34lbs=68lbs the removed pipe is an old pipe.
1each 6"x4' fl DIP=2x94=188lbs
3each 6" fl 90 degree bend=3x55lbs=165lbs
2each 6" fl DI Tee=3x95lbs=285lbs
1each 4" fl DI Tee=60lbs
15 each 6" flange accessories=15x15lbs=225lbs
4 each 4" flange accessories=4x10lbs=40lbs
Total: 135+376+136+68+188+165+285+60+225+40=1678lbs/2000=0.840 Tons
Page 2 of 3
4.17 Wet Well and Manhole Interior Surface Preparation
WW perimeter=2xpixr=2x3.14x3'=18.84'
WW walls=18.84'x12'=226 SF
WW floor &ceiling=(3.14x3x3)x2=56.52
WW area=226+56.52=282.52
VV Walls=(9+6.5)2x5'=155SF
VV floor= 9'X6.5'=58.5'
Total area to prepare and sewpercoat=496.02
4.2 F&I Epoxy Coating
4" perimeter = 2x3.14x0.167=1.047'
4" pipe and fittings =2(10'+8')=36
Total area of pipe & fittings to paint=1.047x36'=37.69 SF
4.21 F&I Bitumastic Coating
VV Walls=(9+6.5)2x5'=155SF
VV floor= 9'X6.5'=58.5'
Total area of valve Vault external to paint = 155'+58.5'= 213.5
5.34 F&I DIP Force Main Fittings and Accessories
1each 4" MJ long sleeve= 45lbs
1 set Bolt & accessories=10lbs
2each 4" Megalug w accy=2x12=24lbs
10 LF of 4" DI pipe = 10x14=140lbs
Total:45+10+24+140=219lbs
5.46 F&I Flanged DIP Fittings
2each 4"x9'fl DIP=2x141.6=283.2lbs
3each 4'x2'fl DIP=3x50=150lbs
4each 4" FL DI 90 Degree Bend=4x45=180lbs
2each 4" FL DI tee=2x65=130lbs
1each 6"x4" FL DI reducer=45lbs
19 each 4" flange accessories=19x10lbs=190lbs
Total: 283.2+150+180+130+45+190=978.2
Note: This quote and pricing is per the Broward County Contract unit items, Contract # Y608187B1. At this time the subject
contract is still in effect and good thru July 17, 2012. From January, 2012, the County has keep on extending the subject
contract on monthly basis. Intercounty is still waiting on few more work orders from the county in the coming months.
Therefore Intercounty expects that, the county may extend the contract a minimum of till end of September 2012. However
our understanding is that, the County has to approve the funds only while the yearly contract is in effect. The actual site
work can carry out based on the time stipulated in the work directives, which can be even after the contract expiration
date.
Page 3 of 3
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:July 6, 2012
SUBJECT:AGENDA ITEM 8.J.3 - REGULAR COMMISSION MEETING OF JULY 17, 2012
PURCHASE AWARD/FLUID CONTROL SPECIATIES, INC.
ITEM BEFORE COMMISSION
Request an award to Fluid Control Specialties, Inc. in the amount of $19,606.00 for the purchase and
delivery of two replacement filter backwash valves for the City’s Water Treatment Plant. Fluid Control
Specialties, Inc. is the current manufacturer’s sup plier of the originally installed valves.
BACKGROUND
Last October 2011, the Water Treatment Plant staff dealt with a broken drain valve at one of its eight
filters. Fortunately, staff was able to isolate the particular filter and successfully conduct operati ons with
the filter taken out of service until a new valve w as purchased for replacement, which required a
minimum two months for shipment and delivery. This situation caused staff to re-evaluate other critical
valve components at the plant. With similar concern s due to the age of the infrastructure, they identi fied
the backwash valves as critical to operations.
The valves used during backwash operations, 24” butterfly valves (total of eight, one at each filte r),
were installed between 1972 and 1982 during major p lant upgrades. To conduct backwash operations,
the valve on the filter being backwashed is open wh ile all the other valves at the other filters are
closed. If any one of the valves is damaged where t he other filter valves cannot be closed and isolate d,
backwash operations cannot occur. This will eventua lly cause increased turbidity conditions in system,
negatively impacting drinking water quality.
The original drain valves, which were manufactured by “BIF”, have been out of production since
1985. Fluid Control Specialties, Inc. (FCSI) is t he regional supplier of valves for replacement of those
manufactured by BIF, now being manufactured by DeZu rik. Since there is a 6 to 8 week lead time for
shipping a valve once a purchase order is secured, staff is recommending purchase of two valves to hav e
on hand in case of a valve failure. The actual va lve replacement is beyond the capabilities of in-house
resources, thus the labor, material and equipment a ssociated with replacement will be through a separa te
bid.
FCSI provided a quote in the amount of $9,803 for a 24” pneumatically operated butterfly valve,
manufactured by DeZurik, as a direct replacement to the originals manufactured by BIF. Staff's reques t
is to purchase two (2) valves at a cost of $19,606. The labor, material and equipment associated with
the removal and installation of the two valves woul d be through a separate bid.
To deal with some of the aging infrastructure at th e WTP, staff will develop maintenance/replacement
programs for critical components and incorporate th em into the annual Water and Sewer Capital
Improvement Program.
FUNDING SOURCE
Funding is proposed from account #442-5178-536-64.9 0, Water and Sewer Renewal & Replacement
Fund/Other Machinery and Equipment, in the amount o f $19,606.00, after a budget transfer.
RECOMMENDATION
Staff recommends award to Fluid Control Specialties , Inc. in the amount of $19,606.00 for the purchase
and delivery of two valves for the Water Treatment Plant.
FLUID CONTROL SPECIALTIES
2716 N. FINANCIAL COURT
SANFORD, FL. 32773 Ph: 407-302-5611 Fax: 407-302-5612
Email: richard.geibert@fluidcontrolspec.com
7/9/2012
Delray Beach
Scott Solomon
Scott,
1-24” DeZURIK Flanged AWWA BFV with EPDM seat, 150B, CI body and DI disc, Epoxy lined,
304ss shaft with K-Tork Double Acting Pneumati c operator sized at 150 psi line pressure, no
extended bonnet, 3-15 psi pneumatic positioned, Internal I/P converter to 4:20mA signal and
inline speed control, sized at 80 psi available air or greater.
$9,803.00 net each
Freight is Included
8 weeks to ship
Please make the Purchase Order out to Fluid Control, not DeZurik.
Sincerely,
Rich Geibert
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Kevin Rumell, Fleet Superintendent
Richard C. Hasko, P.E. Director of Environmental Se rvices
THROUGH:David T. Harden, City Manager
DATE:July 9, 2012
SUBJECT:AGENDA ITEM 8.J.4 - REGULAR COMMISSION MEETING OF JULY 17, 2012
PURCHASE AWARD/EMERGENCY VEHICLE SUPPLY (EVS)
ITEM BEFORE COMMISSION
City Commission is requested to approve the installation of police lighting and equipment in f ourteen
(14) Police Department Patrol replacement vehicles from Emergency Vehicle Supply in the amount of
$131,321.40.
BACKGROUND
Purchase of fourteen (14) replacement Police Patrol cars was approved by Commission on July 5, 2012.
As this is a new model Police Car this year, extens ive work and research was required to develop the
equipment package recommendations for these fourtee n Patrol cars. Our Police Department’s design
consultant has worked closely with this vendor, Eme rgency Vehicle Supply, to design and configure the
equipment for these Patrol cars.
FUNDING SOURCE
501-3312-591-64.20 (Garage Fund/Machinery Equipment /Vehicle Replacement)
RECOMMENDATION
Central Garage recommends the award to Emergency Ve hicle Supply in the amount of $131,321.40 for
the installation of Police lighting and related equ ipment in fourteen (14) Police Patrol vehicles.
Qu otation
Go od Thru
8/3 1/12
Quote Num ber:13 961
Quote Da te :Jul 6,20 12
PO Numbe r
Quoted to:DELRA Y BEACH PD
30 0 W.ATLANTIC AVE
KEVIN RUMMEL
DELRA Y BEACH , FL 33 44 4
Custom er ID Payme nt Te rms
Page:
DELRA Y BEACH PD Ne t 30 Day s
1
Quantity Item Description Un it P ric e Extensio n
EQU IPM ENT TO BE PAID FOR AT
TIM E OF EQU IPM ENT DELIVERY.
INST ALLATIONS WILL BE BI LLED
AS VEHICLES ARE BUILT.
14 .00 MISCELLANEOUS_DELRA Y BEACH PD 2012 FORD 7,885 .10 11 0,3 91.40
POLICE INT ERCEPT OR EQUIPMENT
14 .00 INST ALLATION _CU ST OM INSTALLA TI ON AT E VS 1,495 .00 20 ,93 0.0 0
POMPANO BEACH, FL FA CILIT Y
To tal 13 1,3 21.40
Sales Ta x
Subto tal 13 1,3 21.40
OPEN 68 24 99
OPEN 68 24 99
2251 Hammondville Road
Pompano Beach, FL 33069
Tel. 954-428-5201 * Fax 954-428-5202
Em ail : Ac counting@1EVS.com or Sales@1EVS.com
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Douglas E. Smith, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:July 10, 2012
SUBJECT:AGENDA ITEM 8.J.5 - REGULAR COMMISSION MEETING OF JULY 17, 2012
PURCHASE AWARD/ WW SOD & EQUIPMENT COMPANY
ITEM BEFORE COMMISSION
City Commission is requested to approve the purchas e of one (1) 2008 used Toro 3500D Rotary Mower
Sidewinder with three (3) Rotary Decks and one (1) 2007 used Toro RM5510 Fairway Mower with
Groomers and Canopy Top in the amount of $27,500 fr om WW Sod & Equipment Company.
BACKGROUND
The golf course management staff is recommending th e purchase of the above listed used equipment to
replace existing equipment.
Attached is further information on the propsed equi pment indicating model, year, engine hours and a
cost comparison to the purchase price for new equip ment ($27,500 used versus $78,000 new).
Existing equipment to be replaced or placed in rese rve back up position are as follows:
The equipment to be purchased is as follows:
Quantity Item Year Engine Hours Note
1 Jacobson Textron Reel Mower,
Serial
1994 5,807 Chassis is rusted out &
frequently in for
repairs
1 John Deere Rough Slope
Mower
2004 6,746 Will be used as a spare
Quantity Item Year Engine Hours Price
1 Used Toro 3500D Rotary Mower
Sidewinder
2008 2,213 $14,000
1 Used Toro RM5510 Fairway 2007 1,940 $13,500
Mower with Groomers and Canopy
Top
TOTAL COST: $27,500
FUNDING SOURCE
Funding is available in account 445-4761-572-64.90, Other Machinery and Equipment.
RECOMMENDATION
Staff recommends the purchase award to WW Sod & Equ ipment Company in the amount of $27,500 for
the purchase of one (1) used Toro sidewinder mower and one (1) used Toro fairway mower.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lula Butler, Director, Community Improvement
THROUGH:David Harden, City Manager
DATE:July 11, 2012
SUBJECT:AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF JULY 17, 2012
RESOLUTION NO. 31 -12
ITEM BEFORE COMMISSION
This item is before Commission to approve renaming 5th Avenue Plaza as The Elizabeth "Libby"
Jackson Wesley Plaza.
RECOMMENDATION
Approve Resolution No. 31-12.
RESOLUTION NO. 31-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, RECOGNIZING ELIZABETH “LIBBY” WESLE Y BY
NAMING THE 5 TH AVENUE PLAZA IN DELRAY BEACH, FLORIDA, “THE
ELIZABETH “LIBBY” JACKSON WESLEY PLAZA,” PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to recognize and
honor Elizabeth Wesley, fondly known as “Libby,” fo r her longtime, outstanding and exemplary
dedication to the City of Delray Beach; and
WHEREAS, Elizabeth Wesley was born in Defuniak Spri ngs, Florida and has made Delray
Beach her home since 1958;
WHEREAS, Elizabeth Wesley, co-founded the Roots Cul tural Festival, a celebration of
black heritage, thirty-four years ago; she cultivat ed the organization from a one-day event to an
attraction that provides year-round programs, which include cultural, educational and athletic
programs, and;
WHEREAS, Elizabeth Wesley is highly respected as a retired educator with the Palm
Beach County School District, where her advocacy fo r children is widely recognized and
respected for her contributions in the field of ear ly childhood development and childcare services;
and is often asked to give her expert advice and in formation to legislators, businesses, and
parents’ organization; and
WHEREAS, Elizabeth Wesley is a devoted community ac tivist, volunteering and serving on
multiple committees, and task forces; and has been the recipient of numerous awards for her life-
long contributions in the areas of volunteerism and leadership. Some of her prestigious awards
include, Old School Square Life Achievement, Delray Beach Rotary Service Above Self, Sojourner
Truth, Living History, Jefferson awards and the pre stigious African-American Achiever’s award
from JM Family Enterprises and the very coveted Pub lisher’s Award from the Sun-Sentinel.
WHEREAS, the City Commission desires to name the 5th Avenue Plaza in honor of
Elizabeth Wesley by so dedicating it as “The Elizab eth “Libby” Jackson Wesley Plaza”.
2 RES. NO. 31-12
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISS ION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 . The City Commission of the City Delray Beach rec ognizes Elizabeth Wesley for
her leadership, dedication, innovation, service and loyalty to the City and the Community for over
forty (40) years.
Section 2 . The City Commission shall honor Elizabeth Wesley by naming the 5th Avenue
Plaza in Delray Beach, Florida, “The Elizabeth “Lib by” Jackson Wesley Plaza”.
Section 3 . That this resolution shall become effective immed iately upon its passage.
PASSED AND ADOPTED in regular session on this the ___________ day of
_____________________________, 2012.
___________________________________
M A Y O R
ATTEST:
_________________________________
City Clerk
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:July 11, 2012
SUBJECT:AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF JULY 17, 2012
SETTLEMENT AGREEMENT AND CONSENT ORDER: CARON FOUND ATION OF
FLORIDA, INC.
ITEM BEFORE COMMISSION
Proposed settlement regarding the lawsuit between t he City and Caron Foundation.
BACKGROUND
Caron Foundation filed a lawsuit against the City c laiming the City violated the Fair Housing Act and
the American’s with Disabilities Act based on a denial of a reas onable accommodation request and the
enactment of certain zoning ordinances. Caron also moved for preliminary injunctive relief regarding i ts
reasonable accommodation request. On May 4, 2012 the Court granted, in part, Caron’s motion for
preliminary injunctive relief. After the order was issued Caron and the City met several times to disc uss
a possible resolution of the case. As a result of t hose meetings, the attached settlement agreement is
before you for your consideration. The agreement pr ovides that Caron:
- shall have no more than 2 houses in the City
- while not required, shall pay its property taxes to the City (minus the school portion)
- may relocate its second Ocean Drive h ouse, once
- have no more than 6 people in the second Ocean Driv e property and 8 in the first Ocean Drive
property
- have no more than 4 vehicles in the driveway of eit her property for more than 12 hours
continuously
- report the turnovers in occupancy for both properti es on an annual basis and comply with City
ordinance 29-09 regarding turnovers
The agreement also provides for a modified code enf orcement procedure as well as a dispute resolution
process to be followed. Caron’s attorney has estimated that their total fees, cos ts, and damages, through
trial, would be in the neighborhood of $950,000.00 based on fees, costs and damages awarded in cases
with similar claims.
RECOMMENDATION
Approve the Settlement Agreement.
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:June 25, 2012
SUBJECT:AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF JULY 17, 2012
CONTRACT AWARD/ FOSTER MARINE CONTRACTORS, INC.
ITEM BEFORE COMMISSION
This item is before the Commission to approve/autho rize Mayor to execute a contract with Foster
Marine Contractors, Inc. for the construction of sw ales in the Lake Ida neighborhood. The cost of this
contract is $84,445.00.
BACKGROUND
This project consists of the construction of 6” deep roadside swales for roadways in the Lake Ida
Neighborhood as follows:
NW 7th St.
NW 5th Ave.
NW 3rd Ave.
NW 12th St.
Staff is recommending award of this contract to the second lowest bidder, Foster Marine Contractors,
Inc. in the amount of $84,445. The lowest bidder i s Devland Site, Inc. with a proposal of $66,356.30 .
In reviewing the low bidder's qualifications, the f ollowing concerns were identified.
1. Devland received a poor reference from the City of Lake Worth
2. Their License is Active but currently in p robation.
3. They failed to demonstrate swale grading a nd construction experience.
Their experience is predominantly dredgin g and demolition.
Foster Marine has performed satisfactorily for the city on recent infrastructure construction projects and
is currently prequalified with the city in roadway, paving, underground and lift station concstruction
categories. The price difference between the two lowest proposals is $18,088.70 . Based on the
foregoing concerns regarding Devland Site, Inc., st aff recommends award of the swale construction
contract to Foster Marine Contractors, Inc. in the amount of $84,445.00 . Attached are the bid tabulation,
and location map.
FUNDING SOURCE
Funding is available from Account number 448-5461-5 38.46-43
RECOMMENDATION
Staff recommends waive award of the contract to the lowest bidder (Devland Site, Inc.) due to the
anomalies in their references, License, and lack of experience with Swales, and award the contract to
the most responsive bidder (Foster Marine Contracto rs, Inc.) for the construction of swales at Lake Id a
neighborhood.
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6/25/2012
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Douglas E. Smith, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:July 13, 2012
SUBJECT:AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF JULY 17, 2012
PRIORITY BASED BUDGETING PRESENTATION
ITEM BEFORE COMMISSION
The item before Commission is a presentation of the results of the Priority Based Budgeting process.
This will be an additional tool which can be used t o make informed decisions about the FY 2013
budget.
BACKGROUND
At the June 21, 2011 Regular Meeting, the Commissio n approved a proposal for services from the
Center for Priority Based Budgeting which included implementation of their Priority Based Budgeting
Process which involves an extensive, systematic pro cess of ranking and prioritizing budget programs.
The first part of the process involved determining the results that the budget programs would be
measured against. For this process, the City Visio n Statement was used to arrive at the following
Community Results:
-World Class Beach
-Vibrant Downtown
-Diverse Local Economy
-Community of Quality Neighborhoods and Schools
-Abundant Recreational and Cultural Opportunities
-Community Where People Embrace Cultural Diversity
As part of the Priority Based Budgeting process, th e Commission was invited to participate in an
exercise to invest a sum of $500 in the Community R esults to determine the prioritization that they fe lt
was important. The $500 exercise is also available for the public participation in the Open City Hall
Forum section of the City website.
More administrative-related programs were rated against a separate set of Governance Results (such as
supporting decision making and developing a high-quality and dedicated workforce). Results maps are
attached showing the Community and Governance ratin g criteria. The Results maps incorporate the
associated Goals from the City Commission's Strateg ic Planning Process.
Budget programs were also rated against a series of program attributes: whether the service is mandate d
to be provided, reliance on the City to provide the service, cost recovery, and whether the demand for
the services has changed.
Following the creation of the Results for rating bu dget programs, departments scored their programs;
City staff then participated in a peer review proce ss to review the departmental ranking.
The Center for Priority Based Budgeting has incorpo rated the results of the departmental scoring and
peer review into their priority budgeting model. St aff will present an interactive demonstration of th e
Priority Budgeting Resource Allocation Tool which p rovides information regarding the ranking of
budgetary programs that can be analyzed as part of the budget review process.
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MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:July 10, 2012
SUBJECT:AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF JULY 17, 2012
APPOINTMENTS TO THE FINANCIAL REVIEW BOARD
ITEM BEFORE COMMISSION
This item is before the City Commission for an appo intment to the Financial Review Board.
BACKGROUND
The terms for regular members, Mr. Brian Wood and M s. Luise Piane will expire on July 31, 2012. Mr.
Wood will have served an unexpired term, is eligibl e and would like to be considered for
reappointment. Ms. Piane will have served one (1) f ull term, is eligible and would like to be consider ed
for reappointment. Secondly, there are vacancies fo r one (1) regular member due to the resignation of
Mr. Alan Weitz and one (1) alternate member due to the resignation of Ms. Patricia Maguire. The terms
are unexpired ending July 31, 2013. The resignation letters are attached for your review. Appointments
are needed for three (3) regular members and one (1 ) alternate member. However, there are only three
(3) applicants at this time.
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:
Applicants with experience in the professions requi red:
Jeremy Office Associate Dir ector/Wealth Management Advisor MBA
Luise Piane Executive Management/Retired Incumbent
Brian Wood Director/Seni or Manager/Finance Incumbent
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 Mayor McDuffie (Seat #5) and
Commissioner Jacquet (Seat #2) for two (2) regular members to serve two (2) year terms ending July
31, 2014. Commissioner Frankel (Seat #3) will make an appointment for one (1) regular member to
serve an unexpired term ending July 31, 2013.
RECOMMENDATION
Recommend appointment of two (2) regular members to serve two (2) year terms ending July 31, 2014,
and one (1) regular member to serve an unexpired te rm ending July 31, 2013.
FINANCIAL REVIEW BOARD
06/12
TERM EXPIRES REGULAR MEMBERS OCCUPATION
07/31/14
Unexp Appt 03/20/12
reappt 07/05/12
Brian Anderson
Director of
Communications
07/31/14
Unexp Appt 06/05/12 + 2
Yrs
RosaTorres-Tumazos
Business Strategy
Consultant
07/31/13
Unexp Appt 04/05/11
Reappt 06/21/11
John Hallahan, Chair
Assistant Director of
Operations/Retired
P.E.
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
Public
Relations/Editor
Contact: Barbara Flynn X-7115
S/City Clerk/Board 12/Financial Review Board
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:July 10, 2012
SUBJECT:AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF JULY 17, 2012
APPOINTMENTS TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION
ITEM BEFORE COMMISSION
This item is before the City Commission for appoint ments to the Public Employees Relations
Commission.
BACKGROUND
The term for regular member, Mr. Edward Desmond, wi ll expire on August 1, 2012. Mr. Desmond will
have served one (1) full term, is eligible and woul d like to be considered for
reappointment. Additionally, there is a vacancy due to the resignation of alternate member, Mr. Jeffre y
Ruthizer. Appointments are needed for one (1) regul ar member to serve a four (4) year term ending
August 1, 2016, and an alternate member to serve an unexpired term ending June 30, 2014.
Pursuant to Section 35.032 (A)(1)(a) of the City Co de of Ordinances; the Commission shall be
composed of three (3) members and one (1) alternate to be appointed by the City
Commission. Members of the local Commission establi shed pursuant to this division shall be appointed
so that the composition of the local Commission is as follows: One appointee who is a person who, on
account of previous vocation, employment or affilia tion, is, or has been, classified as representative of
employers; one appointee who is a person who, on ac count of previous vocation, employment or
affiliation, is, or has been, classified as represe ntative of employees or employee organizations; and all
other appointees, including alternates, shall be pe rsons who on account of previous vocation,
employment or affiliation, are not or have not been classified as representative of employers or of
employees or employee organizations.
Neither the Chairperson nor any member shall be emp loyed by, or hold any commission with, any
governmental unit in the state or any employee orga nization while serving in that office. The appointe e
need not be a resident of the City of Delray Beach.
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 by Commissioner Frankel (Seat #3) for
one (1) regular member to serve a four (4) year ter m ending August 1, 2016. Commissioner Gray will
make an appointment for one (1) alternate member to serve an unexpired term ending June 30, 2014.
RECOMMENDATION
Recommend appointment of one (1) regular member to serve a four (4) year term ending August 1,
2016, and one (1) appointment for one (1) alternate member to serve an unexpired term ending June 30,
2014.
PUBLIC EMPLOYEES RELATIONS COMMISSION
(PERC - 4 Year Term)
07/10
TERM
EXPIRES
MEMBERS CLASSIFICATION
REPRESENTING
OCCUPATION
08/01/2012
Appt 05/21/02 alt
Reappt 06/20/06 alt
Appt 07/15/08 reg
Edward Desmond, Chair
Employer Retail/Business
Owner
01/29/2014
Unexp Appt 08/05/08 alt
Unexp Appt 05/25/10 reg
David Haycock
Neutral Liability Claims
Adjuster
06/30/2014
Appt 05/25/10
Paula Aridas
Employee Shop Steward
ALTERNATE
06/30/2014
Vacant
Neutral
GENERAL COUNSEL
Secretary
Jennifer
Appointed by PERC
09/13/91
I. Jeffrey Pheterson, Esq.
Contact: Venice Cobb 243-7056
S/City Clerk/Board 10/PERC
PUBLIC EMPLOYEES RELATIONS COMMISSION
EXHIBIT A
CLASSIFICATION REPRESENTING
Carol Anderson Employer
Kristin Christensen Employer
Edward Desmond Employer Incumbent
Philip Friedman Neutral (also applying for the Education Board)
Yvonne Walker Neutral
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:July 10, 2012
SUBJECT:AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF JULY 17, 2012
APPOINTMENTS TO THE EDUCATION BOARD
ITEM BEFORE COMMISSION
This item is before the City Commission for appoint ments to the Education Board.
BACKGROUND
The terms for regular members Mr. Jose Herrera, Ms. Derline Pierre-Louis, Ms. Claudia Flores, Ms.
Debra Kaiser and Ms. Angela Burns, will expire on J uly 31, 2012. Ms. Pierre-Louis will have served
two (2) full terms and is not eligible for reappoin tment. Mr. Herrera and Ms. Burns will have served
unexpired terms, are eligible and would like to be considered for reappointment. Ms. Debra Kaiser will
have served one (1) full term and would like to be considered for reappointment. Ms. Flores will have
served an unexpired term and would not like to be c onsidered for reappointment. Additionally, Ms.
Isabel Make resigned effective July 5, 2012. Appoin tments are needed for six (6) regular members.
Members of the Education Board must be a resident o f the City, own property, own or operate a
business within the City or have a child attending Delray Beach public schools. It is the intent,
whenever possible, that the membership include pers ons with a background in business, real estate
and/or education.
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 appointments will be made by Commissioner Frankel (Seat #3),
Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1) and
Commissioner Jacquet (Seat #2) for five regular mem bers to serve two (2) year terms ending July 31,
2014. Commissioner Frankel will also make an appoin tment for one (1) regular member to serve an
unexpired term ending July 31, 2013.
RECOMMENDATION
Recommend appointment of five (5) regular members t o serve two (2) year terms ending July 31, 2014,
and one (1) regular member to serve an unexpired te rm ending July 31, 2013.
01/12 EDUCATION BOARD
TERM EXPIRES NAME & ADDRESS OCCUPATION
07/31/2013
Appt 07/05/11
LeAnne DeRigne
Educator
07/31/2012
Unexp Appt 04/21/11
Jose Herrera, Chair
Special Events Coordinator
07/31/2012
Appt 07/15/08
Reappt 07/20/10
Derline Pierre-Louis, Vice Chair
President/Plan & Budget
Reviewer
07/31/2012
Unexp Appt 01/17/12
Claudia Flores
Banking Asst/Vice Pres.
07/31/2012
Appt 07/20/10
Debra Kaiser
Senior Director
07/31/2012
Unexp Appt 11/15/11
Angela Burns
Educator
7/31/2013
Unexp Appt 12/06/11
Julia Kadel
Director of Admissions
07/31/2013
Unexp Appt 01/17/12
Mary Leavenworth
Education/Sales &
Consultant
07/31/2013
Unexp Appt
Vacant
07/31/2013
Appt 08/02/11
Lee Cohen
Attorney
07/31/2013
Unexp Appt 12/07/10
Reappt 06/21/11
Myra Leavy Bazemore
Educator
STUDENT MEMBERS (one term limit)
7/31/2013
Appt 06/21/11
2 YEAR TERM
Madison Aracri
Student
7/31/2012
1 YEAR TERM
Vacant
Student
CITY REPRESENTATIVE: Janet Meeks – Education Coordinator 243-7231
COMMISSION LIAISON:
EDUCATION BOARD
EXHIBIT A
Angela Burns Educator Incumbent
Mary-Elizabeth Cohn Education/Sales Consultant
Philip Friedman Assistant Director/Retired (also applying for the P ublic
Employees Relations Commission)
Sheri Hack Realtor
Jose Herrera Special Events Coordinator Incumbent
Debra Kaiser Senior Director Incumbent
Margarita Kaufman Educator
Toni McMillan Educator
Ferline Mesidort Community Development Specialist
John Pasqual Surgeon
Michelle Quigley News Researcher
Bonnie Raycroft Massage Therapist/Director/Program Coordinator
Adam Reback Government Operations Consultant (currently serving on the
Neighborhood Advisory Council)
Jeff Ritter Assistant Professor/Consultant
Shannon Schwartz Educator
Kevin Warner Educator (currently serving on the Police Advisory Board)
Patricia Westall Project Coordinator
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:July 10, 2012
SUBJECT:AGENDA ITEM 9.H. - REGULAR COMMISSION MEETING OF JULY 17, 2012
APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOA RD
ITEM BEFORE COMMISSION
This item is before the City Commission for appoint ments to the Parking Management Advisory Board.
BACKGROUND
The terms for regular members Ms. Peggy Murphy, Mr. Alan Kornblau, Mr. John Gergen and Ms.
Cecelia Boone will expire on July 31, 2012. Ms. Mur phy will have served one (1) full term and would
not like to be considered for reappointment. Mr. Ko rnblau and Mr. Gergen will have served one (1) full
term, are eligible and would like to be considered for reappointment. Ms. Boone will have served two
(2) full terms and is not eligible for reappointmen t. Please note that only two (2) appointments will be
made as there are only two (2) applicants at this t ime.
The Parking Management Advisory Board was establish ed by Resolution No. 88-97 on December 9,
1997. The purpose of the Board is to advise and pro vide recommendations to the City Commission
regarding parking management policy and related iss ues including but not limited to, the planning,
financing, development, construction and operation of parking facilities within the boundaries of the
Transportation Concurrency Exception Area (TCEA), a s well as, all public parking areas located along
State Road A-1-A within the corporate limits of the City.
The following individuals have submitted applicatio ns and would like to be considered for
appointment:
John Gergen Incumbent
Alan Kornblau Incumbent
A check for code violations and/or municipal liens was conducted. None were found. Voter registration
verification was completed. Mr. Gergen is not regi stered to vote.
Based on the rotation system, the appointments will be made by Commissioner Gray (Seat #4) and
Mayor McDuffie (Seat #5) for two (2) regular member s to serve two (2) year terms ending July 31,
2014.
RECOMMENDATION
Recommend appointment of two (2) regular members to serve two (2) year terms ending July 31, 2014.
07/11 PARKING MANAGEMENT ADVISORY BOARD
TERM
EXPIRES
MEMBERS CATEGORY
07/31/13
Unexp Appt 09/20/10
Ratified 10/19/10
Reappt 07/19/11
Ratified 08/02/11
Mark Krall
190 SE 5 th Avenue
Delray Beach, Fl 33483
P & Z
07/31/12
Appt 07/21/10
Ratified 08/17/10
William Morse
210 NE 6 th Avenue, Suite
#101
Delray Beach, FL 33483
CHAMBERS
07/31/13
Appt 07/09/09
Ratified 09/10/09
Reappt 07/14/11
Ratified 08/02/11
Herman Stevens
2774 Avenue Au Soleil
Delray Beach, FL 33483
CRA
07/31/12
Unexp Appt 10/19/10
Ratified 11/02/10
Margie Walden
6103 Caladium Road
Delray Beach, FL 33484
WARC
07/31/12
Appt 07/20/06 alt
Ratified 08/15/06 alt
Reappt 07/14/08 reg
Ratified 08/19/08 reg
Reappt 07/12/10
Ratified 08/17/10
Fran Marincola, Chair
1138 Vista Del Mar Drive
Delray Beach, FL 33483
DDA
The representatives above are ratified by the City commiss ion.
The representatives below are appointed by the City Commi ssion.
07/31/12
Appt 01/05/10
Peggy Murphy
4622 Ellwood Drive
Delray Beach, Fl 33445
Atlantic Avenue Corridor
Between Swinton Avenue
and the Intracoastal
07/31/12
Unexp Appt 01/03/08
Reappt 01/05/10
Alan Kornblau
2472 Par Circle
Delray Beach, FL 33445
Atlantic Avenue Corridor
Between Swinton Avenue
and Interstate 95
07/31/12
Unexp Appt 05/06/08
Reappt 01/05/10
John Gergen
34 South Ocean Blvd.
Delray Beach, FL 33444
Atlantic Avenue and State
Road AIA Corridors and
lying East of the
Intracoastal Waterway
07/31/12
Unexp Appt 03/21/06
Reappt 01/15/08
Reappt 01/05/10
Cecelia Boone
220 NE 1 st Street
Delray Beach, FL 33444
Old School Square
Historic Arts District
07/31/13
Unexp Appt 12/01/09
Mr. Bruce Gimmy
12 East Ocean Avenue
Ocean Ridge, FL 33435
Citizen-at-Large
07/31/13
Unexp Appt 04/05/11
Reappt 08/02/11
Brian Rosen
106 NE 16 th Street
Delray Beach, FL 33444
Citizen-at-Large
PARKING MANAGEMENT ADVISORY BOARD
ALTERNATE MEMBERS
TERM
EXPIRES
MEMBERS CATEGORY
07/31/12
Unexp Appt 10/18/10
Ratified 11/16/10
Cary Glickstein
1118 Waterway Lane
Delray Beach, FL 33483
P&Z
07/31/12
Vacant
CHAMBERS
07/31/12
Appt 06/24/10
Ratified 08/17/10
Veronica Covington
21 SW 12 th Avenue
Delray Beach, FL 33444
CRA
07/31/12
Vacant
WARC
07/31/12
Unexp 08/21/09
Ratified 11/17/09
Reappt 07/12/10
Ratified 08/17/10
Diane Franco
2737 S. Clearbrook Circle
Delray Beach, FL 33445
DDA
S/City Clerk/Board11/Parking Management Advisory Boa rd
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:July 10, 2012
SUBJECT:AGENDA ITEM 9.I. - REGULAR COMMISSION MEETING OF JULY 17, 2012
APPOINTMENT TO THE POLICE ADVISORY BOARD
ITEM BEFORE COMMISSION
This item is before the City Commission for appoint ments to the Police Advisory Board.
BACKGROUND
The terms for regular members, Ms. Wyana Claxton, M s. Ellen Major-Hanna, Mr. Robert Shell, Mr.
Carl Forrest, Mr. Walter Earley, and Ms. Edith Thom pson will expire on July 31, 2012. Ms. Claxton
and Mr. Shell will have served unexpired terms, are eligible and would like to be considered for
reappointment. Ms. Major-Hanna and Ms. Thompson will have served one (1) ful l term, are eligible and
would like to be considered for reappointment. Mr. Earley will have served an unexpired term and
would not like to be considered for reappointment. Mr. Forrest will have served one (1) full term and
would not like to be considered for reappointment. Please note that there is one (1) student
vacancy. However, there are no student applicants a t this time. Appointments are needed for six (6)
regular members to serve two (2) year terms ending July 31, 2014.
In order to qualify for appointment, a person shall be either a resident of, own property, own a busin ess
or be an officer, director or manager of a business located within the City of Delray Beach. M embership
shall include a diverse cross section of the commun ity; business owners, religious and faith based
organizations, youth, school officials and local or ganizations, where feasible.
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. Menard and Ms.
Thompson. Mr. Berman is registered to vote in Brow ard
Based on the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2),
Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5),
Commissioner Carney (Seat #1) and Commissioner Jacq uet (Seat #2) for six (6) regular members to
serve two (2) year terms ending July 31, 2014.
RECOMMENDATION
Recommend appointment of six (6) regular members to serve two (2) year terms ending July 31, 2014.
POLICE ADVISORY BOARD
10/11
TERM EXPIRES NAME & ADDRESS
07/31/12
Unexp Appt 08/16/11
Wyana Claxton
07/31/12
Appt 07/20/10
Ellen Major-Hanna
07/31/12
Unexp Appt 08/02/11
Robert Shell, Vice Chair
07/31/13
Unexp Appt 04/20/10
Reappt 06/21/11
Matthew Monahan
07/31/13
Unexp Appt 11/01/11
Annette Annechild
07/31/12
Unexp Appt 01/05/10
Reappt 07/20/10
Carl Forrest, Chairperson
07/31/12
Unexp Appt 09/20/11
Walter Earley
07/31/12
Appt 07/20/10
Edith Thompson
07/31/13
Appt 06/21/11
Catherine DeMatto
07/31/13
Unexp Appt 01/05/10
Appt 08/02/11
Kevin Warner
07/31/13
Appt 06/21/11
(Student)
Elisha Porter
07/31/12
(Student)
Vacant
Contact: Venice Cobb 243-7056
S/City Clerk/Board 11/Police Advisory Board
City of Delray Beach Police Advisory Board – Applic ants
Exhibit A
1. Theodore Berman Resident/Business Owner
2. Aird Cajuste Resident
3. John Michael Chadam Resident
4. Wyana Claxton Resident/Business Owner
5. Laura Fenoglio Resident
6. Joseph Ingram Resident
7. John Jackson Resident
8. Linda Kidd Resident
9. Ellen Major-Hanna Incumbent Resident
10. Robert Marks Resident
11. Samuel Menard Resident
12. Marc Muscarella Resident/Business Owner
13. Maria Sachs Resident
14. Robert Shell Incumbent Resident
15. Edith Thompson Incumbent Resident
16. Shelly Weil Resident
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David. T. Harden, City Manager
DATE:July 10, 2012
SUBJECT:AGENDA ITEM 9.J. - REGULAR COMMISSION MEETING OF JULY 17, 2012
APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD
ITEM BEFORE COMMISSION
This item is before the City Commission for an appo intment to the Public Art Advisory Board.
BACKGROUND
The terms for regular members Ms. Dana Donaty, Ms. Sandy Franciosa, Ms. Michiko Kurisu and Mr.
Richard McGloin will expire on July 31, 2012. Ms. D onaty, Ms. Kurisu and Mr. McGloin will have
served two (2) full terms and are not eligible for reappointment. Ms. Franciosa will have served one (1)
full term, is eligible and would like to be conside red for reappointment. Appointments are needed for
four (4) regular members to serve two (2) year term s ending July 31, 2014.
On February 1, 2005, the Delray Beach City Commissi on adopted Ordinance No. 77-04 establishing the
Public Art Advisory Board for the purpose of advisi ng and making recommendations to the City
Commission with respect to public art policy and re lated issues including, but not limited to, the
selection, construction and placement of public art in/on City right-of-way and City owned property.
The Public Art Advisory Board shall consist of seve n (7) members. Three (3) seats on the Board must
be filled with either an artist, architect, landsca pe architect or engineer. Laypersons of knowledge,
experience and judgment who have an interest in pub lic art shall make up the balance of 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.
Based on the rotation system, the appointments will be made by Commissioner Gray (Seat #4),
Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5) for four
(4) regular members to serve two (2) year terms end ing July 31, 2014.
RECOMMENDATION
Recommend appointment of four (4) regular members t o serve two (2) year terms ending July 31,
2014.
PUBLIC ART ADVISORY BOARD
03/12
TERM EXPIRES REGULAR MEMBERS OCCUPATION
07/31/13
Unexp Appt 03/20/12
Daniel Bellante
Business Owner
07/31/12
Appt 07/15/08
Reappt 07/20/10
Dana Donaty, Chair
Artist
07/31/13
Unexp 04/17/12
Lynda Kidd
Business Owner/Artist
07/31/12
Appt 07/20/10
Sandi Franciosa
Administrative
Asst/Retired
07/31/12
Appt 07/15/08
Reappt 07/20/10
Michiko Kurisu
Artist/Photographer
07/31/12
Appt 07/15/08
Reappt 07/20/10
Richard McGloin, Vice Chair
Electrical Engineer
07/31/13
Appt 07/21/09
Reappt 07/05/11
Mary Minieka
Administration
Contact: Alberta Gaum X7136
S/City Clerk/Board 12/Public Art Advisory Board
PUBLIC ART ADVISORY BOARD
EXHIBIT A
Mavis Benson Gallery Owner
Mary Elizabeth Cohn Education Consultant (also applying for the Education Boar d)
Shirl Fields Jewelry Designer/Retired
Sandi Franciosa Administrative Assistant/Retired Incumbent
Sharon Koskoff Artist
Carolyn Pendelton-Parker Landscape Architect
Jerry Rabinowitz Photographer/Business Owner
Kevin Rouse Photographer/Artist/Business Owner
Chris Stray Landscape Designer
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:July 9, 2012
SUBJECT:AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF JULY 17, 2012
ORDINANCE NO. 19 -12
ITEM BEFORE COMMISSION
This ordinance is before Commission for second read ing and quasi-judicial hearing to c onsider a Future
Land Use Map amendment from MD (Medium Density Resi dential 5-12 du/ac) to CC (Commercial
Core) and rezoning from RM (Medium Density Resident ial) to CBD (Central Business District) for a
vacant parcel located on the east side of S.W. 10 th Avenue approximately 391 feet south of West
Atlantic Avenue at 35 S.W. 10 th Avenue.
BACKGROUND
At the first reading on July 5, 2012, the Commissio n passed Ordinance No. 19-12.
RECOMMENDATION
Recommend approval of Ordinance No. 19-12 on second and final reading.
ORDINANCE NO. 19-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA ADOPTING A SMALL-SCALE FUTURE
LAND USE MAP AMENDMENT FROM MD (MEDIUM DENSITY
RESIDENTIAL 5-12 DU/AC) TO CC (COMMERCIAL CORE),
PURSUANT TO THE PROVISIONS OF THE “COMMUNITY PLANNI NG
ACT”, FLORIDA STATUTES SECTION 163.3187, FOR LAND LOCATED
ON THE EAST SIDE OF SW 10 TH AVENUE, 391 FEET SOUTH OF WEST
ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN, AND REZONING AND PLACING SAID LAND PRESENTLY
ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO C BD
(CENTRAL BUSINESS) DISTRICT; AMENDING "ZONING MAP O F
DELRAY BEACH, FLORIDA, JANUARY 2012"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Delray Beach exercised the authority gr anted pursuant to the
provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the
"Community Planning Act"; and
WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document
entitled "Comprehensive Plan - Delray Beach, Florida"; and
WHEREAS, Delray Beach Community Redevelopment Agency, is the f ee simple owner
of a 0.157 acre parcel of land located on the east side of SW 10 th Avenue, 391 feet south of West
Atlantic Avenue; and
WHEREAS, the subject property hereinafter described has an e xisting Future Land Use
Map (FLUM) designation of MD (Medium Density Residential 5-12du/ac); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from MD (Medium Density Residential 5-12du/ac) to CC (Commercial C ore); and
WHEREAS, the property hereinafter described is shown on the “Zoni ng 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 June 18, 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 4
2 ORD NO. 19-12
to 0 to recommend that the Future Land Use Map designation and zoning cl assification be
changed for the property hereinafter described, based upon positive finding s; 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 chang es are consistent with and
further the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adop ts 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 Future Land Use Map of t he City of Delray Beach,
Florida be amended to reflect the revised Future Land Use Map designation; 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 Future Land Use Map designation of the subject proper ty is hereby
officially affixed as CC (Commercial Core).
Section 3 . That the City Commission of the City of Delray Beach, Florida , hereby
declares its intent to exercise the authority granted pursuant t o the provisions of Florida Statutes
Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act."
Section 4 . That the Zoning District Map of the City of Delray Beach, F lorida, be, and the
same is hereby amended to reflect a zoning classification of C BD (Central Business) District for
the following described property:
Lot 12, Block 1, Belair Heights, according to the Plat thereof as re corded in Plat Book 20, Page
45 of the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida,
containing 6871 square feet (0.157 acres) more or less.
3 ORD NO. 19-12
Section 5 . 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 4 hereof.
Section 6. That all ordinances or parts of ordinances in conflict herewith b e, and the
same are hereby repealed.
Section 7. That should any section or provision of this ordinance or any portion ther eof,
any paragraph, sentence, or word be declared by a court of compete nt 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 8. That this ordinance shall become effective as follows: thirty -one (31) days
after adoption, unless the Comprehensive Plan amendment is timely challenged. If timely
challenged, the effective date of this Ordinance shall be the date a final order is issued by the
State Land Planning or the Administration Commission, finding the adopt ed amendment to be in
compliance. No development orders, development permits, or land uses dependent on this
amendment may be issued or commence before it has become effec tive. If a final order of
noncompliance is issued by the Administration Commission, this amendme nt may nevertheless
be made effective by adoption of a resolution affirming its ef fective status, a copy of which
resolution shall be sent to the state land planning agency.
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 Ci ty Commissioners
FROM:Estelio Breto, Senior Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:City Manager
DATE:June 25, 2012
SUBJECT:AGENDA ITEM 12.A. - REGULAR COMMISSION ME ETING OF JULY 5, 2012
ORDINANCE NO. 19 -12
ITEM BEFORE COMMISSION
Consideration of a privately init iated Future Land Use Map change from Medium Dens ity Residential
(MD) to Commerical Core (CC), r ezoning from RM (Multi ple Family Residential) to CBD (Central
Business District), for a 0.157 acre property located approximately 391 feet S outh of West Atlantic
Avenue on the east side of SW 10th Avenue (35 SW 10th Avenue).
BACKGROUND
The subject property is located East of 1-95, approximately 391 feet S outh of West Atlantic Avenue on
the east side of SW 10th Avenue (35 SW 10th Avenue), is a pproximately 0.157 acre in size and is
currently vacant. The property is zoned RM (Multiple Family Reside ntial -Medium Density) and has a
Future Land Use Designation of MD (Medium Density Residential) wi th a legal description of Lot 12,
Block 1 of the Belair Heights S ubdivision, plat book 20, page 45 of th e Palm Beach County records.
The Community Redevelopment Agency (CRA) owns lot 12 and al l other lots directly north to Atlantic
Avenue. The CRA in agreement with Prime Delray Hotel, LLC., plans to develop a hotel at the corner
of West Atlantic Avenue between SW 10th Avenue and SW 9th Ave nue on approximately a 2.30 acres
site. The requested Future Land Us e Map designation from MD (Mediu m Density Residential) to CC
(Commercial Core) and Rezoning fr om RM (Multiple Fami ly Residential -Medium Density) to CBD
(Central Business District), for the subject property (l ot 12) is to allow the property to be developed for
parking as a part of the fu ture hotel development.
REVIEW BY OTHERS
At its meeting of June 18, 2012, the Planning and Zoning Board held a public hearing associated with
the CC (Commercial Core) Future Land Use Map am endment, and CBD (Centr al Business District)
rezoning request. They had no conc erns with the requested Future Land Use and Zoning designations.
After a brief discussion, the Board recommended a pproval of the proposed FLUM and Rezoning on a 4-
Pa g e 1of 2 Coversheet
7/9/2012 htt p ://itweba pp /A g endaIntranet/Bluesheet.as p x?ItemID=5715&Meetin g ID=381
0 vote.
RECOMMENDATION
Approve on first reading Ordinan ce 19-12 for a Future Land Use Ma p amendment from MD (Medium
Density Residential) to CC (Com mercial Core) and Rezoning from RM (Multiple Family Residential -
Medium Density) to CBD (Central Business District), by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and does meet the criteria set forth in LDR Sections 3.1.1 (Required Findings),
3.2.2 (Standards for Rezoning Actions ), 2.4.5(D)(5)(Rezoning Findings).
Pa g e 2of 2 Coversheet
7/9/2012 htt p ://itweba pp /A g endaIntranet/Bluesheet.as p x?ItemID=5715&Meetin g ID=381
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:July 9, 2012
SUBJECT:AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF JULY 17, 2012
RESOLUTION NO. 32 -12
ITEM BEFORE COMMISSION
In accordance with Chapter 56, “Stormwater”, of the City Code, Resolution No. 32-12 establishes the
budget for the stormwater utility system, establish es the rates for FY 2013 stormwater management
assessments, and certifies and adopts the stormwate r management assessment roll. Prior to
consideration, a public hearing is required.
BACKGROUND
The assessment is proposed at the rate of $5.33 per month per Equivalent Residential Unit (ERU), for a
total annual assessment of $63.96 per ERU. This is the same as the current year assessment. Property
owners within the Lake Worth Drainage District are given a 25% discount. A separate 25% discount is
given to owners of property served by private drain age systems.
The proposed budget for the stormwater utility fund is incorporated in Resolution No. 32-12 as Exhibit
“A”. The rate structure with condominium factors is attached to the resolution as Exhibit “B”. The
assessment roll will be available for review in the Commission Chambers at the July 17th meeting.
RECOMMENDATION
Recommend approval of Resolution No. 32-12.
RESOLUTION NO. 32-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET
FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING
RATES FOR STORMWATER MANAGEMENT ASSESSMENTS
FOR EACH PARCEL WITHIN THE BENEFITTED AREA,
OTHER THAN NON-ASSESSED PROPERTY; PROVIDING
FOR A PUBLIC HEARING; PROVIDING FOR THE
CERTIFICATION AND ADOPTION OF THE STORMWATER
ASSESSMENT ROLL IN ACCORDANCE WITH CHAPTER 56
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on
July 10, 1990, adopt Ordinance No. 21-90, which provi des for the creation and establishment of a
City-wide Stormwater Management System; and
WHEREAS, the City Commission of the City of Delray Beach did, on April 27,
1993, adopt Ordinance No. 35-93 which amended Chapter 5 6 of the Code of Ordinances of the
City of Delray Beach to provide for the method of est ablishing and collecting Stormwater
Management Assessments; and
WHEREAS, the statutory authority for the creation and implementation of
Ordinance No. 21-90, as amended, is predicated on Articl e VIII, Section 2(b) of the Florida
Constitution; Chapter 166, Florida Statutes, as amen ded and supplemented; Section 403.0893,
Florida Statutes, as amended and supplemented; Chapter 1 97, Florida Statutes, as amended and
supplemented; the City Charter of the City of Delray Beach, Florida; and other applicable
provisions of law; and
WHEREAS, the City Commission of the City of Delray Beach has found that
owners, tenants and occupants of property within the geographical boundaries of the City will
derive a special benefit from the effective manageme nt of stormwater and other surface water and
from the operation, maintenance and expansion of the stormw ater management system; and
WHEREAS, Chapter 56 of the Code of Ordinances of the City of Delray Beach
establishes that the rate for stormwater management assessments for each parcel within the
benefited area, other than with respect to non-asses sed property, shall be established each year by
resolution of the City Commission; and
RES. NO. 32-12 2
WHEREAS, Chapter 56 of the Code of Ordinances of the City of Delray Beach
provides that such rate resolution shall not be adopt ed prior to the establishment of an operational
budget for the system or prior to conducting a rate hearing as required by applicable law; and
WHEREAS, Chapter 56 of the Code of Ordinances of the City of Delray Beach
provides that such budget shall include, but not be li mited to, a capital element, a debt service
element and an Operation and Maintenance element and f urther requires that the rate hearing and
rate resolution shall clearly establish what portio n of the stormwater management assessment
reflects the capital element, the debt service eleme nt, if any, and the Operation and Maintenance
element; and
WHEREAS, a budget of operation for the year ending S eptember 30, 2013, is set
forth in Exhibit “A” and is established in conformity with the requirements of Ordinance No. 21-
90, as amended, and Chapter 56 of the Code of Ordinances of the City of Delray Beach; and
WHEREAS, billing and collection of the stormwater m anagement assessment shall
be accomplished utilizing the uniform method of collection; and
WHEREAS, a rate for stormwater management assessme nts for the various classes
of property (other than non-assessed property) withi n the benefited area shall be calculated as
provided in Chapter 56 of the Code of Ordinances of th e City of Delray Beach, and as further set
forth in Exhibit “B” to this resolution; and
WHEREAS, a public hearing on this resolution setti ng the rates and adopting the
budget and for the purposes of adopting and certifying a stormwater assessment roll was duly
noticed; and
WHEREAS, the City, upon adoption of the budget and ra tes, shall review the
stormwater assessment roll to determine its conformi ty with the proposed rate resolution and, if,
upon the completion of such review the City shall b e satisfied that the Stormwater Management
Assessment Roll has been prepared in conformity with the proposed rate resolution, it shall adopt
said resolution and ratify and confirm the Stormwater Management Assessment Roll and certify
that the Stormwater Management Assessment Roll is c orrect and proper and is to be used in
collecting the stormwater management assessments. T hereafter, the City Commission, if no
objections are made by persons affected by the assess ment roll at the public hearing or if
objections having been made are deemed insufficient by the City Commission, shall thereupon
adopt the assessments as shown by the Assessment Roll; and
WHEREAS, the owner of each parcel within the benef ited area for which a
stormwater assessment is levied shall thereafter be respons ible for payment therefore.
RES. NO. 32-12 3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISS ION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 . That the City Commission does hereby adopt the afor ementioned
preamble in its entirety.
Section 2 . That the City Commission does hereby adopt, after p ublic hearing,
the budget as established in Exhibit “A” hereto which is incor porated herein.
Section 3 . That the City Commission does hereby adopt, after p ublic hearing,
the rates as set forth in Exhibit “B” hereto which is incorpo rated herein.
Section 4 . That the City Commission hereby adopts and certifie s the
Stormwater Management Assessment Roll.
Section 5 . This resolution shall take effect immediately upon its ado ption.
PASSED AND ADOPTED in regular session on this the 17 th day of July, 2012.
___________________________________
ATTEST: M A Y O R
____________________________
City Clerk
RES. NO. 32-12 4
EXHIBIT “B” TO RESOLUTION NO. 32-12
Property Total 12 Month
Description Rate Structure Assessment
Single Family
Residential ($5.33/Mo./ERU) (12 Mo.) (1 ERU) $ 63.96
Condominium ($5.33/Mo./ERU) (12 Mo.) (Condo Factor) $ 63.9 6
(ERU/Unit) x CF*
Single Owner
Multi-Family
Residential ($5.33/Mo./ERU) (12 Mo.) $ 63.96/ERU
Non-Residential
Developed ($5.33/Mo./ERU) (12 Mo.) $ 63.96/ERU
Undeveloped ($5.33/Mo./ERU) (12 Mo.) (1.20 ERU/AC) $ 76.7 5/AC
All properties within the Lake Worth Drainage Distr ict (LWDD), as indicated by the LWDD’s
boundary map, shall receive a 25% discount.
All properties for which the City does not provide fo r the maintenance of street drainage systems
shall receive a 25% discount.
*A specific condominium factor (0.0 – 1.0) has been determined for each condominium
development. A list of those factors is attached.
FUND 448 STORMWATER UTILITY FUND
Dept 54 Stormwater Utility
Div 11 Administration
12-10REGULAR SALARIES/WAGES$86,520
15-20CAR ALLOWANCE -
21-10EMPLOYER FICA 6,330
22-10GEN'L EMP RETIREMENT 5,710
22-30ICMA CONTRIBUTIONS 4,410
23-10LIFE INSURANCE 270
23-20DISABILITY INSURANCE 250
23-30HEALTH INSURANCE 12,570
24-10WORKERS' COMPENSATION 4,270
25-10UNEMPLOYMENT COMPENSATION150
25-20EMPLOYEE ASSISTANCE PROG.50
*PERSONAL SERVICES 120,530
31-30ENGINEERING/ARCHITECT 31,970
31-90OTHER PROFESS SERVICES 16,000
32-10AUDIT/ACCOUNTING FEES 2,010
40-10TRAVEL & TRAINING 1,100
41-10TELEPHONE EXPENSE 280
41-15PORTABLE PHONE/MDD -
42-10POSTAGE 420
43-10ELECTRICITY 1,800
43-50STORMWATER CHARGES 1,180
44-30EQUIPMENT RENTAL/LEASE 950
44-45VEHICLE RENTAL-GARAGE -
45-10GENERAL LIABILITY 10,990
46-20EQUIPMENT MAINTENANCE 240
46-30VEHICLE MAINT-GARAGE -
46-90OTHER REPAIR/MAINT COST -
47-20REPRODUCTION CHARGES 2,000
49-10ADVERTISING 700
49-22SHARE OF ADMIN EXP 142,000
51-10STATIONERY/PAPER/FORMS 2,000
51-90OTHER OFFICE SUPPLIES 1,500
52-10FUEL/LUBE VEHICLES -
52-20GEN'L OPER SUPPLIES 3,000
52-22UNIFORM/LINEN SERVICE 160
54-10BOOKS & PUBLICATIONS 130
54-15SUBSCRIPTIONS 300
54-20MEMBERSHIPS 830
54-30TRAINING/EDUCATION COSTS 1,320
*OPERATING EXPENSES 220,880
64-11COMPUTER EQUIPMENT -
64-12OFFICE EQUIPMENT -
CAPITAL OUTLAY -
91-01TRANSFER TO GENERAL FUND376,170
Exhibit "A"
FY 2012-13
*TRANSFERS 376,170
99-01PROJECT RESERVE -
*NON OPERATING -
**STORMWATER ADMINISTRATION $717,580
FUND 448 STORMWATER UTILITY FUND
Dept 54 Stormwater Utility
Div 16 MAINTENANCE
12-10REGULAR SALARIES/WAGES$190,240
14-10OVERTIME 10,000
13-10OTHER PAY 300
21-10EMPLOYER FICA 14,290
22-10GEN'L EMP RETIREMENT 21,210
22-30ICMA CONTRIBUTIONS
23-10LIFE INSURANCE 510
23-20DISABILITY INSURANCE 560
23-30HEALTH INSURANCE 41,880
24-10WORKERS' COMPENSATION 12,780
25-10UNEMPLOYMENT COMPENSATION500
25-20EMPLOYEE ASSISTANCE PROG.160
*PERSONAL SERVICES 292,430
31-20MEDICAL -
34-70PHOTO/MICROFILM SERVICES 100
34-78REPAIR & UPKEEP CANALS 9,420
34-90OTHER CONTRACTUAL SERVICE42,900
40-10TRAVEL & TRAINING 990
41-15PORTABLE PHONE/MDD 2,280
43-10ELECTRICITY 8,670
43-25IRRIGATION WATER 5,390
43-50STORMWATER CHARGES -
44-10LAND RENTAL/LEASE 3,200
44-30EQUIPMENT RENTAL/LEASE 800
44-45VEHICLE MAINT-GARAGE 79,420
45-10GENERAL LIABILITY 14,350
46-20EQUIPMENT MAINTENANCE 1,430
46-30VEHICLE MAINT-GARAGE 100,000
46-90OTHER REPAIR/MAINT COST 52,620
47-10PRINTING/BINDING SERVICES -
49-16COMML DRIVERS LIC RENEWAL 180
51-10STATIONERY/PAPER/FORMS 50
51-90OTHER OFFICE SUPPLIES 200
52-10FUEL/LUBE VEHICLES 38,630
52-20GEN'L OPER SUPPLIES 8,000
52-22UNIFORMS/LINEN SERVICE 2,400
52-24BUILDING MATERIALS 700
52-26GARDENING SUPPLIES 10,000
52-27EQUIPMENT <$1,000 10,000
53-20REPAIRS-DRAINAGE 11,200
54-20MEMBERSHIPS 100
54-30TRAINING/EDUCATION COSTS 480
*OPERATING EXPENSES 403,510
64-25HEAVY EQUIPMENT
*CAPITAL OUTLAY -
**STORMWATER SYSTEM MAINTENANCE $695,940
Exhibit "A"
FY 2012-13
FUND 448 STORMWATER UTILITY FUND
Dept 54 Stormwater Utility
Div 61 CAPITAL
68-62ALLEY DRAINAGE IMPROVEMENTS$75,000
46-43DRAINAGE SWALES 70,000
68-52FEDERAL HIGHWAY BEAUTIFICATION200,000
68-80LIFT STATION LEVEL TRANSMITTERS30,000
68-72NE 3RD ST STREETSCAPE 15,000
XX-XX ***NE 7th Av ALLEY 25,000
XX-XX ***SE 2 ST - SWINTON - SE 3 AV 210,000
XX-XX ***SEABREEZE DRAINAGE 57,500
68-18STORM WATER PUMP STATION REHAB75,000
68-86SWINTON & ATLANTIC INTERS 10,000
*CAPITAL OUTLAY 767,500
**CAPITAL $767,500
***Account number not yet assigned
FUND 448 STORMWATER UTILITY FUND
Dept 71 Debt Service
Div 11Debt Service
71-16STORMWATER NOTE 38,060
71-252007 UTILITY TAX BONDS PRINCIPAL810
72-16STORMWATER NOTE-INTEREST16,470
72-252007 UTILITY TAX BONDS INTEREST49,750
*DEBT SERVICE 105,090
**DEBT SERVICE $105,090
***STORMWATER UTILITY FUND$2,286,110
Exhibit "A"
FY 2012-13
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