08-07-12 Agenda Results Regular MeetingMicrosoft Word - 08-07-12 Agenda Results Regular Meeting.doc
City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** City Commission Meeting Tuesday, August 7, 2012 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers
Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public
comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by
an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled
to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction
of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items:
Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET:
Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff
with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate
time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making
impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue
or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which
the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to
participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommodate
your request. Adaptive listening devices are available for meetings in the Commission Chambers. 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774
08/07/2012 -2 -1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor McDuffie noted Item 8.B., Sixth Amendment to the Declaration of Reserved Rights
and Agreement Not to Encumber N.E. 7th Avenue Related to the Atlantic Plaza Project was moved to the Regular Agenda as Item 9.B.1. Approved as amended, 5-0) 5. APPROVAL OF MINUTES: A.
June 28, 2012 –Workshop Meeting (Approved, 5-0) B. July 10, 2012 – Workshop Meeting (Approved, 5-0) C. July 17, 2012 – Regular Meeting (Approved, 5-0) D. July 20, 2012 – Special Meeting
(Approved, 5-0) E. July 31, 2012 – Workshop Meeting (Approved, 5-0) 6. PROCLAMATIONS: A. Recognizing and commending Sergeant John Evans B. Recognizing and commending Tavarius “TJ” Jackson
C. Florida Water Professionals Week – August 13-17, 2012 7. PRESENTATIONS: A. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly
Awards Presentation) B. Recognizing and commending Delray Beach Marketing Cooperative for their excellent work and contributions on the “Most Fun Small Town in America” Award 8. CONSENT
AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0) A. FINAL SUBDIVISION PLAT APPROVAL/VILLA SOBRE DEL MAR PLAT: Approve a proposed residential development containing
five (5) townhouse lots and two (2) single-family lots being platted as Villas Sobre Del Mar located on the south side of S.E. 5th Street at its intersection with S.E. 7th Avenue lying
west of the Intracoastal Waterway.
08/07/2012 -3 -B. (MOVED TO ITEM 9.B.1. ON THE REGULAR AGENDA) C. RIGHT OF WAY DEED ACCEPTANCE /231 S.E. 3RD AVENUE: Accept a right-of-way deed for the dedication of 2’ feet of alley
right-of-way associated with improvements to the property located at 231 S.E. 3rd Avenue. D. APPROVE AN EASEMENT AGREEMENT WITH FLORIDA POWER & LIGHT (FPL) FOR LIFT STATION 100A: Approve
an easement agreement between the City and Florida Power & Light (FPL) required for the placement of a new switchgear cabinet and transformer to serve the Lift Station 100A Upgrade Project
at Veterans Park. E. ACCEPTANCE OF A DRAINAGE EASEMENT DEED/SW DELRAY ONE, LLC/SAXENA WHITE LAW OFFICE: Approve and accept a 100 square foot Drainage Easement Deed from SW Delray One,
LLC., for Saxena White Law Office located at 111 S.E. 1st Avenue. F. ACCEPTANCE OF A SANITARY SEWER EASEMENT DEED/HARBOURS EDGE: Accept a sanitary sewer easement deed with Lifespace
Communities Inc. for installation of a sewer main at Harbours Edge, located at 401 East Linton Boulevard. G. HOLD HARMLESS AGREEMENT/290 EAST ATLANTIC, LLC.: Approve a Hold Harmless
Agreement with 290 East Atlantic, LLC. for installation of a dumpster and enclosure in a public utility easement for Rack’s Restaurant located at 5 S.E. 2nd Avenue. H. LANDSCAPE MAINTENANCE
AND HOLD HARMLESS AGREEMENT: HARBOR PLAZA: Approve a landscape maintenance and hold harmless agreement associated with the Harbor Plaza project located at 1725 South Federal Highway.
I. GRANT APPLICATION/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): WATER SAVINGS INCENTIVE PROGRAM (WSIP): Provide authorization for submission of a grant application for a Water
Savings Incentive Program (WSIP) grant from the South Florida Water Management District (SFWMD) in the amount of $50,000.00 for purchase and installation of automatic flushing devices.
J. GRANT APPLICATION/ALTERNATIVE WATER SUPPLY GRANT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Provide authorization for submission of a grant application for a SFWMD Alternative
Water Supply grant to provide supplemental funding for construction of Phase 1 of the Area 12A reclaimed water expansion project on the barrier island south of Atlantic Avenue.
08/07/2012 -4 -K. INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM BEACH COUNTY: Approve an Interlocal Agreement with the School Board of Palm Beach County to share student information to further
the goal to increase 3rd grade reading proficiency by 50% for low-income students attending schools located within the City’s geographic boundaries. L. MEMORANDUM OF AGREEMENT/CHILDREN’S
SERVICES COUNCIL OF PALM BEACH COUNTY: Approve a Memorandum of Agreement with Children's Services Council of Palm Beach County to share student information to further the goal to increase
3rd grade reading proficiency by 50% for low-income students attending schools located within the City’s geographic boundaries. M. HOUSING REHABILITATION GRANT /CONTRACT AWARD: Award
one (1) Housing Rehabilitation contract through the Neighborhood Stabilization Program (NSP) to the lowest responsive bidder, All Phase Roofing & Construction, for 135 S.W. 6th Avenue
in the amount of $17,231.55. Funding is available from 118-1935-554-62.12 (Neighborhood Services: Capital Outlay/Acquisition Rehabilitation). N. HOUSING REHABILITATION GRANT/CONTRACT
AWARD: Award one (1) Housing Rehabilitation contract through the Community Development Block Grant (CDBG) to the lowest responsive bidder, Abisset Corporation, for 102 S.W. 8th Street
in the amount of $30,440.57. Funding is available from 118-1963-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). O. HOUSING REHABILITATION GRANT/CONTRACT
AWARD: Award one (1) Housing Rehabilitation contract through the Community Development Block Grant (CDBG) to the lowest responsive bidder, South Florida Construction Services, Inc.,
for 238 N.W. 14th Avenue in the amount of $35,630.41. Funding is available from 118-1963-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). P. COMMUNITY
DEVELOPMENT BLOCK GRANT/AMENDMENT TO FY 2010-2011 CONSOLIDATED ANNUAL ACTION PLAN: Approve an amendment to the FY2010-2011 Annual Action Plan to reallocate $307,244.00 in funding to
Demolition, Economic Development and Housing Rehabilitation activities within the Community Development Block Grant (CDBG) target area. Q. STATE HOMELAND SECURITY GRANT AGREEMENT: Approve
an Agreement with the Florida Department of Financial Services in the amount $24,762.00 to accept the 2011 Domestic Preparedness Grant from the State Homeland Security Grant Program
to sustain equipment and training for hazardous materials incidents and incidents involving weapons of mass destruction. R. RESCIND AGREEMENT PIGGYBACKED ON OAKLAND PARK WITH O’BRIEN
RESPONSE MANAGEMENT, INC.: Approval to rescind an agreement with O’Brien’s Response Management piggybacked on an Oakland Park agreement for debris monitoring services.
08/07/2012 -5 -S. AGREEMENT/O’BRIEN RESPONSE MANAGEMENT, INC.: Approval of an agreement with O’Brien’s Response Management for debris monitoring services, piggy backing the City of Plantation's
agreement. T. RESCIND THE REQUEST FOR PROPOSAL (RFP) AND REISSUE: ONSITE HEALTH AND WELLNESS CENTER: Rescind the original Request for Proposal (RFP) and authorize staff to issue a revised
RFP for services related to the On-Site Health and Wellness Center. U. RESOLUTION NO. 36-12/GREEN IMPLEMENTATION ADVANCEMENT BOARD: Approve Resolution No. 36-12 to amend Resolution No.
32-09 and Resolution No. 15-10 to reduce the number of board members on the Green Implementation Advancement Board. V. RESOLUTION NO. 37-12: Approve Resolution No. 37-12 supporting Palm
Beach County's continued allocation of $12.50 funds from traffic violations to municipalities to cover municipal radio system expenses. W. CONSENT TO ASSIGNMENT: OLD SCHOOL SQUARE, INC./DELRAY
BEACH CENTER FOR THE ARTS, INC.: Approve consents to assignment for the lease and management agreements between the City and Old School Square, Inc. to reflect the name change to Delray
Beach Center for the Arts, Inc. X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 17, 2012
through August 3, 2012. Y. AWARD OF BIDS AND CONTRACTS: 1. Bid award to DAC Air Conditioning Corporation in the amount of $233,194.00 for the Police Department Shooting Range Ventilation
Improvements. Funding is available from 334-2111-521-64.90 (General Construction Fund: Machinery & Equipment; Other Machinery & Equipment). 2. Purchase award from the Florida Sheriff's
Association contract to Alan Jay Ford in the amount of $136,507.00 for one (1) replacement Water/Sewer Network Truck with TV Location equipment. Funding is available 501-3312-591-64.25
(Garage Fund: Machinery/Equipment/Heavy Equipment). 3. Purchase award to Ag-Tronix in the amount of $49,890.29 for twelve (12) Irrinet M Station Computerized Irrigation Systems and two
(2) ICC Computer System Laptops for Parks & Recreation. Funding is available from 119-4151-572-64.90 (Beautification Trust Fund: Machinery/Equipment/Other Machinery/Equipment). 4. Purchase
award to Municipal Equipment Company, LLC in the amount of $33,130.50 for fifteen (15) sets of replacement Firefighter Personnel Protective Equipment (Bunker Gear). Funding is available
from 001-2313-522-52.18 and 001-2315-526-52.18 (General Fund: Operating Supplies/Bunker Gear).
08/07/2012 -6 -9. REGULAR AGENDA: A. WAIVER REQUESTS/21 DROPS OFFICE BUILDING: Consider approval of requests for waivers to Land Development Regulations (LDR) Section 4.6.9(D)(4)(d),
“Standard Isle Width”, which requires a standard aisle width of 24 feet for normal traffic flow with perpendicular parking, and Land Development Regulations (LDR) Section 6.1.3(B)(1)(f),
“Sidewalks”, which requires an 8-foot sidewalk along S.E. 3rd Street for 21 Drops Office Building located at 290 S.E. 6th Avenue. (Quasi-Judicial Hearing) (Motion to adopt board order
as presented; Approved, 5-0) B. WAIVER REQUEST/ATLANTIC PLAZA II PLAT: Consider approval of a request for a waiver to Land Development Regulations (LDR) Section 2.4.4(E)(5)(a), “Abandonments,
Final Plats, Variance”, to extend the time frame for recording the Atlantic Plaza II Plat by an additional nine (9) months. (Quasi-Judicial Hearing) (Motion to approve waiver; Approved,
5-0) 1. SIXTH AMENDMENT TO THE DECLARATION OF RESERVED RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7TH AVENUE RELATED TO THE ATLANTIC PLAZA PROJECT: Approve the Sixth Amendment to the
Declaration of Reserved Rights and Agreement not to Encumber N.E. 7th Avenue pertaining to the site plan certification timeframes for Atlantic Plaza II. (Motion to approve; Approved,
5-0) C. WAIVER REQUESTS/CHASE BANK: Consider a request for waivers to Land Development Regulations (LDR) Section 4.6.7 (E)(7), “Design Standards Matrix”, to allow three (3) flat wall
signs to be placed on elevations that are not facing a dedicated street frontage and Land Development Regulations (LDR) Section 4.6.7(H)(6), “Nameplates”, to allow more than one nameplate
on the building for Chase Bank located 5070 West Atlantic Avenue. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) D. CONTRACT CLOSEOUT/SPEARHEAD DEVELOPMENT
GROUP, INC.: Consider approval of a contract closeout with Spearhead Development Group, Inc. due to failure to fulfill contractual obligations, failure to complete work and liquidated
damages regarding the Community Improvement S.W. Area Sidewalk Phase II Project. (Motion to approve; Approved, 5-0) E. RECONSIDERATION FOR A VOTE ON ORDINANCE NO. 19-12: Consider a request
for reconsideration of Ordinance No. 19-12. (Motion to reconsider Ordinance No. 19-12; Approved, 5-0) F. 2012 BEACH RENOURISHMENT FILL EVENT PROJECT: Provide direction on the upcoming
Beach Renourishment Fill Event Project. (Consensus of the Commission to not pursue this at this time with staff to bring back information for September 4, 2012 Regular Meeting)
08/07/2012 -7 -G. PROPOSED FY 2013 BUDGET REVIEW SCHEDULE: Consider a proposed schedule for the Commission review of the FY 2013 Budget. (Consensus of the Commission to meet August 17,
2012 at 9:00 a.m. in the First Floor Conference Room) H. OFFER OF SETTLEMENT IN PATRICIA MILEY V. CITY OF DELRAY BEACH: Consider an Offer of Settlement in the total amount of $762,500.00
in Patricia Miley v. City of Delray Beach. Staff recommends denial. (Motion to deny settlement offer; Approved, 5-0) I. APPOINTMENT TO WORKFORCE ALLIANCE, INC. BOARD OF DIRECTORS: Appoint
an individual to serve as representation from the Delray Beach private sector to the Workforce Alliance Inc. Board of Directors. (Applicant withdrew name, no action taken. Moved to the
August 21, 2012 Regular Meeting) J. APPOINTMENTS TO THE PLANNING & ZONING BOARD: Appoint four (4) regular members to serve two (2) year terms ending August 31, 2014 to the Planning &
Zoning Board. Based upon the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor McDuffie
(Seat #5). (Appointed Clifford Durden and approved 5-0; Appointed Derline Pierre-Louis and approved 5-0; Appointed Thuy Shutt and approved 5-0; appointed Craig Spodak and approved, 5-0)
K. APPOINTMENTS TO THE SITE PLAN REVIEW & APPEARANCE BOARD: Appoint three (3) regular members to serve two (2) year terms ending August 31, 2014 to the Site Plan Review & Appearance
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). (Appointed Jose Aguila
and approved 5-0; Appointed Jason Bregman and approved 5-0; Appointed Rustem Kupi and approved 5-0) L. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to serve
a two (2) year term ending July 31, 2014 to the Police Advisory Board. Based on the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). (Appointed Samuel
Menard and approved 5-0) M. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one (1) regular member to a serve two (2) year term ending July 31, 2014 to the Public Art Advisory
Board. Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4). (Appointed Carolyn Pendelton-Parker and approved 5-0) N. APPOINTMENT TO THE EDUCATION
BOARD: Appoint one (1) regular member to serve a two (2) year term ending July 31, 2014 to the Education Board. Based upon the rotation system, the appointment will be made by Commissioner
Carney (Seat #1). (Appointed Kevin Warner and approved 5-0)
08/07/2012 -8 -O. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) alternate member to an unexpired term ending July 31, 2013 to the Financial Review Board. Based on the rotation
system, the appointment will be made by Commissioner Gray (Seat #4). (Appointed Selma Snow and approved 5-0) P. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE: Appoint six
(6) regular members to serve two (2) year terms ending July 31, 2014 to the Affordable Housing Advisory Committee. Based upon the rotation system, the appointments will be made by Commissioner
Carney (Seat #1), Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Carney (Seat #1). (Appointed
Evelyn Dobson and approved 5-0; Appointed Alberta McCarthy and approved 5-0; Appointed Clifford Durden and approved 5-0; Appointed Colson Zulmar and approved, 5-0; Appointed Dorothy
Ellington and approved, 5-0; Appointed Sara Sims and approved 5-0) Q. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint three (3) regular members to serve two (2) year terms ending
July 31, 2014 and two (2) alternate members to serve unexpired terms ending July 31, 2013 to the Nuisance Abatement Board. Based upon the rotation system, the appointments will be made
by Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). (Appointed Linda Leib and
approved 5-0; Appointed Adam Reback and approved 5-0; Appointed Wendy Smith and approved 5-0; Appointed Arline Sherman and approved, 5-0. Commissioner Carney’s appointment was deferred
to August 21, 2012 Regular Meeting) R. 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. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED ANNUAL ACTION PLAN FY 2012-13: Consider approval of the CDBG Consolidated
Annual Action Plan FY 2012-13 as required by the United States Department of Housing & Urban Development (HUD) for utilization of federal grant funds. (Motion to approve; Approved, 5-0)
C. ORDINANCE NO. 21-12: Consider a privately-initiated amendment to the Land Development Regulations (LDR) to create Section 4.5.19, “Linton 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) to 0.36 for non-residential uses within the
Lintco Development Overlay District, located at the northwest corner of Linton Boulevard and S.W. 4th Avenue. (Motion to approve; Approved, 5-0)
08/07/2012 -9 -D. ORDINANCE NO. 22-12: Consider a privately-initiated amendment to the Land Development Regulations (LDR) 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 non-residential Floor Area Ratio (FAR) to 1.32 and residential
density to 12 units per acre within the Waterford Overlay District, located south of Linton Boulevard, east of I-95. (Motion to approve; Approved, 5-0) E. ORDINANCE NO. 23-12: Consider
a city-initiated amendment to Land Development Regulations (LDR) Section 2.4.3(K)(1), “Development Applications”, Section 2.4.3(K)(3), “Permit Fees”, and Section 6.3.3, “Sidewalk Café”,
Subsection (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. (Motion to approve; Approved, 5-0) 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior
public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 01-12: Consider city-initiated amendments to the Land Development Regulations (LDR) regarding
the duties, powers, and responsibilities of the Historic Preservation Board (HPB); procedures for obtaining a variance from the HPB; provision of required HPB review for properties listed
on the Local Register of Historic Places within applicable zoning districts; clarification of procedures for historic designation; clarification of development standards for properties
listed on the Local Register of Historic Places; creation of the “Local Register of Historic Places”; clarification of procedures for tax exemptions for historic properties; clarification
of criteria for changes of historic designation and/or classification. If passed, a public hearing will be held on August 21, 2012. (Motion to approve; Approved, 5-0) B. ORDINANCE NO.
24-12: Consider approval of a historic designation and individual listing on the Local Register of Historic Places for property located at 290 S.E. 6th Avenue. If passed, a public hearing
will be scheduled on August 21, 2012. (Motion to approve; Approved, 5-0) C. ORDINANCE NO. 25-12: Consider an amendment to Chapter 53, “Sanitary Sewers”, and the City’s Enforcement Response
Plan, to comply with the Florida Administrative Code. If passed, a public hearing will be held on August 21, 2012. (Motion to approve; Approved, 5-0)
08/07/2012 -10 -13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: AUGUST 3, 2012 ****** Meeting adjourned at 10:27 p.m. ******
08/07/2012
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1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor McDuffie noted Item 8.B., Sixth Amendment to the Declaration of
Reserved Rights and Agreement Not to Encumber N.E. 7 th Avenue Related to the Atlantic Plaza Project
was moved to the Regular Agenda as Item 9.B.1. Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
A. June 28, 2012 –Workshop Meeting (Approved, 5-0)
B. July 10, 2012 – Workshop Meeting (Approved, 5-0)
C. July 17, 2012 – Regular Meeting (Approved, 5-0)
D. July 20, 2012 – Special Meeting (Approved, 5-0)
E. July 31, 2012 – Workshop Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing and commending Sergeant John Evans
B. Recognizing and commending Tavarius “TJ” Jackson
C. Florida Water Professionals Week – August 13-17, 2012
7. PRESENTATIONS:
A. S.P.I.R.I.T. (Service, Performance, Integ rity, Responsibility, Innovation, Teamwork)
Committee Quarterly Awards Presentation)
B. Recognizing and commending Delray Beach Marketing Cooperative for their
excellent work and contributions on the “Most Fun Small Town in America” Award
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. FINAL SUBDIVISION PLAT APPROVA L/VILLA SOBRE DEL MAR PLAT:
Approve a proposed residential development containing five (5) townhouse lots and
two (2) single-family lots being platted as Villas Sobre Del Mar located on the south side
of S.E. 5th Street at its inter section with S.E. 7th Avenue ly ing west of the Intracoastal
Waterway.
08/07/2012
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B. (MOVED TO ITEM 9.B.1. ON THE REGULAR AGENDA)
C. RIGHT OF WAY DEED ACCEPTANCE /231 S.E. 3 RD AVENUE: Accept a
right-of-way deed for the dedication of 2’ feet of alley right-of-way associated with
improvements to the property located at 231 S.E. 3rd Avenue.
D. APPROVE AN EASEMENT AGR EEMENT WITH FLORIDA POWER &
LIGHT (FPL) FOR LIFT STATION 100A: Approve an easement agreement
between the City and Florida Power & Light (FPL) required for the placement of a new
switchgear cabinet and transformer to serv e the Lift Station 100A Upgrade Project at
Veterans Park.
E. ACCEPTANCE OF A DRAINAGE EA SEMENT DEED/SW DELRAY ONE,
LLC/SAXENA WHITE LAW OFFICE: Approve and accept a 100 square foot
Drainage Easement Deed from SW Delray One, LLC., for Saxena White Law Office
located at 111 S.E. 1st Avenue.
F. ACCEPTANCE OF A SANITARY SE WER EASEMENT DEED/HARBOURS
EDGE: Accept a sanitary sewer easement deed with Lifespace Communities Inc.
for installation of a sewer main at Har bours Edge, located at 401 East Linton
Boulevard.
G. HOLD HARMLESS AGREEMENT/290 EAST ATLANTIC, LLC.: Approve a
Hold Harmless Agreement with 290 East Atlant ic, LLC. for installation of a dumpster
and enclosure in a public utility easement fo r Rack’s Restaurant located at 5 S.E. 2nd
Avenue.
H. LANDSCAPE MAINTENANCE AND HOLD HARMLESS AGREEMENT:
HARBOR PLAZA: Approve a landscape maintenance and hold harmless agreement
associated with the Harbor Plaza project located at 1725 South Federal Highway.
I. GRANT APPLICATION/SOUTH FL ORIDA WATER MANAGEMENT
DISTRICT (SFWMD): WATER SAVINGS INCENTIVE PROGRAM
(WSIP): Provide authorization for submission of a grant application for a Water
Savings Incentive Program (WSIP) grant fr om the South Florida Water Management
District (SFWMD) in the amount of $50,00 0.00 for purchase and installation of
automatic flushing devices.
J. GRANT APPLICATION/ALTERNATIVE WATER SUPPLY
GRANT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(SFWMD): Provide authorization for submission of a grant application for a SFWMD
Alternative Water Supply grant to provide supplemental funding for construction of
Phase 1 of the Area 12A reclaimed water ex pansion project on the barrier island south
of Atlantic Avenue.
08/07/2012
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K. INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM BEACH
COUNTY: Approve an Interlocal Agreement wi th the School Board of Palm Beach
County to share student information to further the goal to increase 3rd grade reading
proficiency by 50% for low-income students attending schools loca ted within the City’s
geographic boundaries.
L. MEMORANDUM OF AGREEMENT/CHIL DREN’S SERVICES COUNCIL
OF PALM BEACH COUNTY: Approve a Memorandum of Agreement with
Children's Services Council of Palm Beach County to share student information to
further the goal to increase 3rd grade reading proficiency by 50% for low-income
students attending schools located within the City’s geographic boundaries.
M. HOUSING REHABILITATION GRANT /CONTRACT AWARD: Award one
(1) Housing Rehabilitation contract thro ugh the Neighborhood Stabilization Program
(NSP) to the lowest responsive bidder, All Ph ase Roofing & Construction, for 135 S.W.
6th Avenue in the amount of $17,231.55. Fu nding is available from 118-1935-554-62.12
(Neighborhood Services: Capital Outlay/Acquisition Rehabilitation).
N. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Award one
(1) Housing Rehabilitation c ontract through the Community Development Block Grant
(CDBG) to the lowest responsive bidder, Ab isset Corporation, for 102 S.W. 8th Street
in the amount of $30,440.57. Funding is available from 118-1963-554-49.19
(Neighborhood Services: Other Current Charges/Housing Rehabilitation).
O. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Award one
(1) Housing Rehabilitation c ontract through the Community Development Block Grant
(CDBG) to the lowest responsive bidder, South Florida Construction Services, Inc., for
238 N.W. 14th Avenue in the amount of $35,630.41. Funding is available from 118-
1963-554-49.19 (Neighborhood Services: Other Current Charges/Housing
Rehabilitation).
P. COMMUNITY DEVELOPMENT BLOCK GRANT/ AMENDMENT TO FY
2010-2011 CONSOLIDATED ANNUAL ACTION PLAN: Approve an
amendment to the FY2010-2011 Annual Ac tion Plan to reallocate $307,244.00 in
funding to Demolition, Economic Developmen t and Housing Rehabilitation activities
within the Community Development Block Grant (CDBG) target area.
Q. STATE HOMELAND SECURITY GRANT AGREEMENT: Approve an
Agreement with the Florida Department of Fi nancial Services in the amount $24,762.00
to accept the 2011 Domestic Preparedness Grant from the State Homeland Security
Grant Program to sustain equipment and traini ng for hazardous materials incidents and
incidents involving weapons of mass destruction.
R. RESCIND AGREEMENT PIGGYBAC KED ON OAKLAND PARK WITH
O’BRIEN RESPONSE MANAGEMENT, INC.: Approval to rescind an
agreement with O’Brien’s Response Manage ment piggybacked on an Oakland Park
agreement for debris monitoring services.
08/07/2012
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S. AGREEMENT/O’BRIEN RESPON SE MANAGEMENT, INC.: Approval of
an agreement with O’Brien’s Response Mana gement for debris monitoring services,
piggy backing the City of Pl antation's agreement.
T. RESCIND THE REQUEST FOR PROPOSAL (RFP) AND REISSUE: ON-
SITE HEALTH AND WELLNESS CENTER: Rescind the original Request for
Proposal (RFP) and authorize staff to issue a revised RFP for services related to the On-
Site Health and Wellness Center.
U. RESOLUTION NO. 36-12/GREEN IM PLEMENTATION ADVANCEMENT
BOARD: Approve Resolution No. 36-12 to amend Resolution No. 32-09 and
Resolution No. 15-10 to reduce the numb er of board members on the Green
Implementation Advancement Board.
V. RESOLUTION NO. 37-12: Approve Resolution No. 37-12 supporting Palm Beach
County's continued allocation of $12.50 funds from traffic violations to municipalities
to cover municipal radio system expenses.
W. CONSENT TO ASSIGNMENT: OLD SCHOOL SQUARE, INC./DELRAY
BEACH CENTER FOR THE ARTS, INC.: Approve consents to assignment for
the lease and management agreements between the City and Old School Square, Inc. to
reflect the name change to Delray Beach Center for the Arts, Inc.
X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
July 17, 2012 through August 3, 2012.
Y. AWARD OF BIDS AND CONTRACTS:
1. Bid award to DAC Air Conditioning Corpor ation in the amount of $233,194.00
for the Police Department Shooting Range Ventilation Improvements. Funding
is available from 334-2111-521-64.90 (G eneral Construction Fund: Machinery &
Equipment; Other Machinery & Equipment).
2. Purchase award from the Florida Sheriff's Association contract to Alan Jay Ford
in the amount of $136,507.00 for one (1) replacement Water/Sewer Network
Truck with TV Location equipment. Fu nding is available 501-3312-591-64.25
(Garage Fund: Machinery/Equipment/Heavy Equipment).
3. Purchase award to Ag-Tronix in the amount of $49,890.29 for twelve (12)
Irrinet M Station Computerized Irrigation Systems and two (2) ICC Computer
System Laptops for Parks & Recreation. Funding is available from 119-4151-
572-64.90 (Beautification Trust Fund: Machinery/Equipment/Other
Machinery/Equipment).
4. Purchase award to Municipal Equipm ent Company, LLC in the amount of
$33,130.50 for fifteen (15) sets of re placement Firefighter Personnel Protective
Equipment (Bunker Gear). Funding is available from 001-2313-522-52.18 and
001-2315-526-52.18 (General Fund: Operating Supplies/Bunker Gear).
08/07/2012
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9. REGULAR AGENDA:
A. WAIVER REQUESTS/ 21 DROPS OFFICE BUILDING: Consider approval
of requests for waivers to Land Development Regulations (LDR) Section
4.6.9(D)(4)(d), “Standard Isle Width”, which requires a standard aisle width of 24 feet
for normal traffic flow with perpendicular parking, and Land Development Regulations
(LDR) Section 6.1.3(B)(1)(f), “Sidewalks”, which requires an 8-foot sidewalk along S.E.
3 rd Street for 21 Drops Office Building located at 290 S.E. 6 th Avenue. (Quasi-Judicial
Hearing) (Motion to adopt board order as presented; Approved, 5-0)
B. WAIVER REQUEST/ATLANTIC PLAZA II PLAT: Consider approval of a
request for a waiver to Land Development Regulations (LDR) Section 2.4.4(E)(5)(a),
“Abandonments, Final Plats, Variance”, to extend the time frame for recording the
Atlantic Plaza II Plat by an additional nine (9) months. (Quasi-Judicial Hearing)
(Motion to approve waiver; Approved, 5-0)
1. SIXTH AMENDMENT TO THE DECLARATION OF RESERVED
RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7 TH
AVENUE RELATED TO THE ATLANTIC PLAZA
PROJECT: Approve the Sixth Amendment to the Declaration of Reserved
Rights and Agreement not to Encumber N.E. 7th Avenue pertaining to the site
plan certification timeframes for Atlantic Plaza II. (Motion to approve; Approved,
5-0)
C. WAIVER REQUESTS/CHASE BANK: Consider a request for waivers to Land
Development Regulations (LDR) Section 4.6.7 (E)(7), “Design Standards Matrix”, to
allow three (3) flat wall signs to be placed on elevations that are not facing a dedicated
street frontage and Land Development Re gulations (LDR) Section 4.6.7(H)(6),
“Nameplates”, to allow more than one nameplate on the building for Chase Bank
located 5070 West Atlantic Avenue. (Quasi-Judicial Hearing) (Motion to adopt board
order as presented; Approved, 5-0)
D. CONTRACT CLOSEOUT/SPEARHEAD DEVELOPMENT GROUP, INC.:
Consider approval of a contract closeout wi th Spearhead Development Group, Inc. due
to failure to fulfill contractual obligations , failure to complete work and liquidated
damages regarding the Community Improvement S.W. Area Sidewalk Phase II Project.
(Motion to approve; Approved, 5-0)
E. RECONSIDERATION FOR A VOTE ON ORDINANCE NO. 19-12: Consider
a request for reconsideration of Ordinance No. 19-12. (Motion to reconsider Ordinance
No. 19-12; Approved, 5-0)
F. 2012 BEACH RENOURISHMENT FILL EVENT PROJECT: Provide direction
on the upcoming Beach Renourishment Fill Event Project. (Consensus of the Commission
to not pursue this at this time with staff to bring back in formation for September 4, 2012
Regular Meeting)
08/07/2012
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G. PROPOSED FY 2013 BUDGET REVIEW SCHEDULE: Consider a proposed
schedule for the Commission review of the FY 2013 Budget. (Consensus of the
Commission to meet August 17, 2012 at 9:00 a.m. in the First Floor Conference Room)
H. OFFER OF SETTLEMENT IN PATRICIA MILEY V. CITY OF DELRAY
BEACH: Consider an Offer of Settlement in the total amount of $762,500.00 in
Patricia Miley v. City of Delray Beach. Staff recommends denial. (Motion to deny
settlement offer; Approved, 5-0)
I. APPOINTMENT TO WORKFORCE ALLIANCE, INC. BOARD OF
DIRECTORS: Appoint an individual to serve as representation from the Delray
Beach private sector to the Workforce Alliance Inc. Board of Directors. (Applicant
withdrew name, no action taken. Moved to the August 21, 2012 Regular Meeting)
J. APPOINTMENTS TO THE PLANNING & ZONING BOARD: Appoint four
(4) regular members to serve two (2) year ter ms ending August 31, 2014 to the Planning
& Zoning Board. Based upon the rotation sy stem, the appointments will be made by
Commissioner Jacquet (Seat #2), Commissione r Frankel (Seat #3), Commissioner Gray
(Seat #4) and Mayor McDuffie (Seat #5). (Appointed Clifford Durden and approved 5-0;
Appointed Derline Pierre-Louis and approved 5-0; Appointed Thuy Shutt and approved 5-0;
appointed Craig Spodak and approved, 5-0)
K. APPOINTMENTS TO THE SITE PLAN REVIEW & APPEARANCE
BOARD: Appoint three (3) regular members to serve two (2) year terms ending
August 31, 2014 to the Site Plan Review & Appearance 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). (Appointed Jose Aguila and
approved 5-0; Appointed Jason Bregman and approved 5-0; Appointed Rustem Kupi and
approved 5-0)
L. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1)
regular member to serve a two (2) year term en ding July 31, 2014 to the Police Advisory
Board. Based on the rotation system, the appointment will be made by Commissioner
Jacquet (Seat #2). (Appointed Samuel Menard and approved 5-0)
M. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one
(1) regular member to a serve two (2) year ter m ending July 31, 2014 to the Public Art
Advisory Board. Based on the rotation system, the appointment will be made by
Commissioner Gray (Seat #4). (Appointed Carolyn Pendelton-Parker and approved 5-0)
N. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular
member to serve a two (2) year term ending July 31, 2014 to the Education Board.
Based upon the rotation system, the a ppointment will be made by Commissioner
Carney (Seat #1). (Appointed Kevin Warner and approved 5-0)
08/07/2012
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O. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1)
alternate member to an unexpired term ending July 31, 2013 to the Financial Review
Board. Based on the rotation system, the appointment will be made by Commissioner
Gray (Seat #4). (Appointed Selma Snow and approved 5-0)
P. APPOINTMENTS TO THE AFFO RDABLE HOUSING ADVISORY
COMMITTEE: Appoint six (6) regular members to serve two (2) year terms ending
July 31, 2014 to the Affordable Housing Advisory Committee. Based upon the rotation
system, the appointments will be made by Commissioner Carney (Seat #1),
Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3) and Commissioner
Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Carney (Seat #1).
(Appointed Evelyn Dobson and approved 5-0; Appointed Alberta McCarthy and approved 5-0;
Appointed Clifford Durden and approved 5-0; Appointed Colson Zulmar and approved, 5-0;
Appointed Dorothy Ellington and approved, 5-0; Appointed Sara Sims and approved 5-0)
Q. APPOINTMENTS TO THE NUISANCE ABATEMENT
BOARD: Appoint three (3) regular members to se rve two (2) year terms ending July 31,
2014 and two (2) alternate memb ers to serve unexpired terms ending July 31, 2013 to
the Nuisance Abatement Board. Based upon the rotation system, the appointments will
be made by Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner
Carney (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat
#3). (Appointed Linda Leib and approved 5-0; Appointed Adam Reback and approved 5-0;
Appointed Wendy Smith and approved 5-0; Appointed Arline Sherman and approved, 5-0.
Commissioner Carney’s appoin tment was deferred to August 21, 2012 Regular Meeting)
R. CITY ATTORNEY EVALUATION
10. PUBLIC HEARINGS:
A. PUBLIC COMMENTS/FY 2013 PROPOSED BUDGET: The City Commission
will hear public comments, if any, regard ing the FY 2013 Proposed Budget at this time.
B. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
CONSOLIDATED ANNUAL ACTION PLAN FY 2012-13: Consider approval of
the CDBG Consolidated Annual Action Plan FY 2012-13 as required by the United
States Department of Housing & Urban Deve lopment (HUD) for utilization of federal
grant funds. (Motion to approve; Approved, 5-0)
C. ORDINANCE NO. 21-12: Consider a privately-initiated amendment to the Land
Development Regulations (LDR) to create Section 4.5.19, “Linton Development
Overlay District”, and amend Section 4.4.9, “General Commercial (GC) District”,
Subsection (G), “Supplemental District Regula tions”, to limit the Floor Area Ratio
(FAR) to 0.36 for non-residential uses within the Lintco Development Overlay District,
located at the northwest corner of Li nton Boulevard and S.W. 4th Avenue. (Motion to
approve; Approved, 5-0)
08/07/2012
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D. ORDINANCE NO. 22-12: Consider a privately-initia ted amendment to the Land
Development Regulations (LDR) to create Se ction 4.5.20, “Waterford Overlay District”,
and amend Section 4.4.25, “Special Acti vities District (SAD)”, Subsection (E),
“Supplemental District Regulations”, to lim it the non-residential Floor Area Ratio
(FAR) to 1.32 and residential density to 12 units per acre within the Waterford Overlay
District, located south of Linton Boulevard, east of I-95. (Motion to approve; Approved,
5-0)
E. ORDINANCE NO. 23-12: Consider a city-initiated amendment to Land
Development Regulations (LDR) Section 2.4.3(K)(1), “Development Applications”,
Section 2.4.3(K)(3), “Permit Fees”, and S ection 6.3.3, “Sidewalk Café”, Subsection (A),
“Permit and Fees”, to provide for an increa se in certain development application and
permit fees and increasing the permit fee a ssessed per square foot of approved sidewalk
café space. (Motion to approve; Approved, 5-0)
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
A. ORDINANCE NO. 01-12: Consider city-initiated amendments to the Land
Development Regulations (LDR) regarding the duties, powers, and responsibilities of
the Historic Preservation Board (HPB); pro cedures for obtaining a variance from the
HPB; provision of required HPB review for properties listed on the Local Register of
Historic Places within applicable zoning dist ricts; clarification of procedures for historic
designation; clarification of development standards for properties listed on the Local
Register of Historic Places; creation of the “Local Register of Historic Places”;
clarification of procedures for tax exemptions for historic properties; clarification of
criteria for changes of historic designation and/or classification. If passed, a public
hearing will be held on August 21, 2012. (Motion to approve; Approved, 5-0)
B. ORDINANCE NO. 24-12: Consider approval of a historic designation and individual
listing on the Local Register of Historic Pl aces for property located at 290 S.E. 6th
Avenue. If passed, a public hearing will be scheduled on August 21, 2012. (Motion to
approve; Approved, 5-0)
C. ORDINANCE NO. 25-12: Consider an amendment to Chapter 53, “Sanitary
Sewers”, and the City’s Enforcement Response Plan, to comply with the Florida
Administrative Code. If passed, a public hearing will be held on August 21, 2012.
(Motion to approve; Approved, 5-0)
08/07/2012
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13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: AUGUST 3, 2012
****** Meeting adjourned at 10:27 p.m. ******