08-21-12 Agenda Results Regular MeetingMicrosoft Word - 08-21-12 Agenda Results Regular Meeting.doc
City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** City Commission Meeting Tuesday, August 21, 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
08/21/2012 -2 -1. ROLL CALL. (Commissioner Frankel left the meeting at 8:42 pm) 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor McDuffie noted Item 8.I.,
Special Event Request/13th Annual Downtown Delray Beach Thanksgiving Weekend Art Festival was moved to the Regular Agenda as Item 9.A.A; Item 8.J., Special Event Request/18th Annual
Downtown Delray Beach Craft Festival was moved to the Regular Agenda as Item 9.A.A.A; Item 8.K., Special Event Request/26th Annual Turkey Trot was moved to the Regular Agenda as Item
9.A.A.A.A; Item 8.L., Special Event Request/On The Ave was moved to the Regular Agenda as Item 9.A.A.A.A.A. Item 9.C., Direction Regarding Selection of Solid Waste Collection Services
Provider has additional information on the dais; it was moved to the Regular Agenda as Item 9.A. Commissioner Carney also asked about public comments for this item. It was the consensus
of the Commission to not have public comments; Item 9.E., City Manager Recruitment Process, has additional information on the dais; Item 10.B., Ordinance No. 19-12 has additional information
on the dais. Approved as amended, 5-0) 5. APPROVAL OF MINUTES: A. August 3, 2012 – Special Meeting (Approved, 5-0) 6. PROCLAMATIONS: A. Recognizing and Commending Eula Mae Johnson B.
Recognizing and Commending Sergeant Brady Myers C. Fire Fighter Appreciation Month – August 2012 D. Hunger Action Month – September 2012 E. Recognizing and Commending the Delray Blazers
Travel Basketball Team 7. PRESENTATIONS: A. None 8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0) A. ACCEPTANCE OF A SIDEWALK DEFERRAL AND SIDEWALK EASEMENT
AGREEMENT/1005 ISLAND DRIVE: Approve acceptance of a sidewalk easement and sidewalk deferral agreement to allow future construction of a sidewalk, for a proposed new two-story single
family residence along the right-of-way within the cul-de-sac adjacent to the property located at 1005 Island Drive within the North Beach Overlay District. B. RESOLUTION NO. 39-12/BEACH
RENOURISHMENT PROJECT: Approve Resolution No. 39-12 in support of the City of Delray Beach Renourishment Project and its ongoing funding commitment to provide for the local match.
08/21/2012 -3 -C. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Community Development Block Grant (CDBG) to the lowest responsive
bidder, Built Solid Construction, LLC, for 622 S.W. 4th Avenue in the amount of $21,088.46. Funding is available from 118-1963-554-49.19 (Neighborhood Services: Other Current Charges/Housing
Rehabilitation). D. FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA): Approve the First Amendment to the Interlocal Agreement with the Community Redevelopment
Agency (CRA) to purchase trolley style vehicles for the free shuttle transportation service from Tri-Rail through the downtown to the beach. E. EXTENSION OF A MAINTENANCE AND SUPPORT
AGREEMENT WITH MOTOROLA, INC.: Approve an extension to the Maintenance and Support Agreement between the City and Motorola, Inc. in the amount of $118,470.12 for maintenance and support
for all of dispatch with the exception of the law enforcement officers’ portable radios. Funding is available from 001-2111-521-46.20 (General Fund: Repair & Maintenance Services/Equipment
Maintenance). F. EXTENSION OF THE INSURANCE AGENT/BROKER SERVICE AGREEMENT/THE PLASTRIDGE AGENCY, INC.: Approve an extension of the Insurance Agent/Broker Service Agreement with The
Plastridge Agency, Inc. at a cost not to exceed $125,000.00 for an additional one year period beginning 10/1/12. Funding is available from 551-1575-591-45.11(Insurance Fund/Insurance/General
Liability Premiums), 551-1575-591-45.31 (Insurance Fund/Insurance/Package Policy Premium), and 551-1575-591-4532 (Insurance Fund/Insurance/Package Policy Premiums, Excess Workers' Comp
Premium). G. RESOLUTION NO. 42-12: Approve Resolution No. 42-12 assessing costs for abatement action required to remove nuisances on three (3) properties throughout the City of Delray
Beach. H. RATIFICATION OF APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointments of Ms. Diane Franco regular representative, Downtown Development
Authority; Ms. Margie Walden as the regular representative and Mr. Peter Perri as the alternate representative, West Atlantic Redevelopment Coalition; Veronica Covington as the alternate
representative, Community Redevelopment Agency; Connor Lynch as the alternate representative, Planning & Zoning Board; and William Morse as the regular representative, Chamber of Commerce
for two (2) year terms ending July 31, 2014. I. (MOVED TO ITEM 9.AA. ON THE REGULAR AGENDA) J. (MOVED TO ITEM 9.AAA. ON THE REGULAR AGENDA) K. (MOVED TO ITEM 9.AAAA. ON THE REGULAR AGENDA)
L. (MOVED TO ITEM 9.AAAAA. ON THE REGULAR AGENDA)
08/21/2012 -4 -M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 6, 2012 through August
17, 2012. N. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Layne Inliner, LLC in the amount of $72,115.00 for rehabilitation of sanitary sewer main segments as part of the annual
Sanitary Sewer Main Rehabilitation program. Funding is available from 442-5178-536-63.51 (W & S Renewal & Replacement Fund: Improvements Other/Sewer Mains). 2. Contract award to Line
Tec in an amount not to exceed $30,000.00 for replacing damaged and broken water meters located in various areas throughout the City of Delray Beach. Funding is available from 441-5112-536-34.90
(Water and Sewer Fund: Other Contractual Services). 3. Purchase award to AG-Tronix in the amount of $16,405.48 for three (3) Irrinet M 24 Stations for the Gateway Feature Project to
be installed on West Atlantic Avenue. Funding is available from 334-3162-541-68.09 (General Construction Fund: Other Improvement/Atlantic Avenue Gateway Feature). 4. Purchase award to
Software House International in the amount of $147,950.98 for 175 additional software licenses. Funding is available from 001-1811-513-46.90 (General Fund: Repair & Maintenance Services/Other
Repair/Maintenance Costs). 9. REGULAR AGENDA: AA. SPECIAL EVENT REQUEST/13TH ANNUAL DOWNTOWN DELRAY BEACH THANKSGIVING WEEKEND ART FESTIVAL: Approve a special event request for the 13th
Annual Downtown Delray Beach Thanksgiving Weekend Art Festival to be held on November 24-25, 2012 from 10:00 a.m. until 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F)
for the use of N.E. 2nd Avenue from the alley just north of Atlantic Avenue to approximately 400 feet north of N.E. 3rd Street, leaving an access lane to the City Walk parking garage,
and to authorize staff support for traffic control, security, and Fire Inspector with the sponsor paying all overtime costs. (Motion to approve; Approved, 4-0) AAA. SPECIAL EVENT REQUEST/18TH
ANNUAL DOWNTOWN DELRAY BEACH CRAFT FESTIVAL: Approve a special event request to endorse the 18th Annual Downtown Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. to
be held October 6-7, 2012 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use of N.E. 4th Avenue from Atlantic Avenue to S.E.
1st Street and from Atlantic Avenue to N.E. 1st Street, to utilize the north end of the Hands parking lot for vendor parking; and to provide staff support for traffic control and security,
and fire inspection services. (Motion to approve; Approved, 4-0)
08/21/2012 -5 -AAAA. SPECIAL EVENT REQUEST/26TH ANNUAL TURKEY TROT: Approve a special event request to allow the 26th Annual Turkey Trot to be held on Saturday, November 17, 2012 from
7:00 a.m. until approximately 9:00 a.m., including a temporary use permit per LDR Section 2.4.6(F) for the closure and use of A-1-A from Casuarina to George Bush Boulevard from 4:00
a.m. to approximately 9:00 a.m., and authorize staff support for traffic control, barricading, clean up, use of half of small stage, event signage and waiver of parking meter fees for
Sandoway, Ingraham, and Anchor Parking Lots and along Atlantic Avenue from Venetian to A-1-A from 6:30 a.m. until approximately 9:30 a.m. (Motion to approve; Approved, 4-0) AAAAA. SPECIAL
EVENT REQUEST/ON THE AVE: Approve a special event request to endorse On the Ave to be held on October 18, 2012 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section
2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of N.E./S.E. 6th Avenue, Railroad Avenue from Atlantic to 150 feet north of the east/west alley, and to the
alleys north and south of Atlantic on N.E./S.E. 1st Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue and N.E./S.E. 4th Avenue; to authorize staff support for security and traffic control,
EMS assistance and fire inspection, banner hanging and removal, event signage, barricade set up and removal, and trash removal and clean up. (Motion to approve; Approved, 4-0) A. SITE
PLAN EXTENSION REQUEST/36 S.E. 1ST AVENUE: Consider a request to extend the site plan for twenty-four (24) months for the property located at 36 S.E. 1st Avenue. (Quasi-Judicial Hearing)
(Motion to adopt board order as presented; Approved, 4-0) B. REQUEST TO EXTEND TIMEFRAME/DELRAY PLACE: Consider a request to extend six (6) additional months (in addition to the 6 months
previously granted) to submit a privately sponsored rezoning from POC (Planned Office Center) to SAD (Special Activities District for 9.95 acre for Delray Place, located at 1801 and
1845 South Federal Highway. (Quasi-Judicial Hearing) (Motion to approve extension; Approved, 4-0) C. DIRECTION REGARDING SELECTION OF SOLID WASTE COLLECTION SERVICES PROVIDER: Provide
direction to staff regarding selection of a Solid Waste Collection Services provider for the City. (Motion to renew with staff to bring back amendment to the Commission; Approved, 3-2.
Commissioner Carney and Commissioner Jacquet dissenting) D. ADOPTION OF THE SOUTH FEDERAL HIGHWAY REDEVELOPMENT PLAN: Consider adoption of the “South Federal Highway Redevelopment Plan”,
which covers the commercial properties on both sides of South Federal Highway between Linton Boulevard on the north and the city limits to the south. (Motion to postpone item to the
September 4, 2012 Regular Meeting; Approved, 4-0) E. CITY MANAGER RECRUITMENT PROCESS: Discuss the recruitment process to select a new City Manager. (Consensus of the Commission to use
the ICMA Range Rider Program)
08/21/2012 -6 -F. CHANGE ORDER NO. 4/FOSTER MARINE CONTRACTORS, INC.: Consider approval of Change Order No. 4 with Foster Marine Contractors, Inc. in the amount of $11,844.45 for the
Auburn Avenue Improvement Project. Funding is available from 334-3162-541-68.65 (General Construction Fund: Other Improvement/Auburn Avenue Improvements). (Motion to approve; Approved,
4-0) G. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one (1) regular member to serve an unexpired term ending July 31, 2013 to the Nuisance Abatement Board. Based upon the rotation
system, the appointment will be made by Commissioner Carney (Seat #1). (Appointed Carol Anderson and approved 4-0) H. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member
to the Education Board to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). (Commissioner Gray’s
appointment was deferred to September 4, 2012 Regular Meeting) I. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) alternate member to the Civil Service Board to serve an unexpired
term ending July 1, 2014. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). (Appointed Kristin Christensen and approved 4-0) J. APPOINTMENTS
TO THE BOARD OF ADJUSTMENTS: Appoint three (3) regular members to the Board of Adjustments to serve two (2) years terms ending August 31, 2014. Based upon the rotation system, the appointments
will be made by Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Carney (Seat #1). (Appointed Allen Kilik and approved 4-0; Appointed Dale Miller and approved 4-0;
Appointed Mel Pollack and approved 4-0) K. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) At Large Representative to the Neighborhood Advisory Council to serve an
unexpired term ending July 31, 2014. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). (Commissioner Gray’s appointment was deferred to September
4, 2012 Regular Meeting) L. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint four (4) regular members to the Historic Preservation Board to serve two (2) year terms ending August
31, 2014. Based upon the rotation system, the appointments will be made by Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel
(Seat #3). (Appointed Ana Maria Aponte and approved 4-0. Commissioner Carney, Commissioner Jacquet and Commissioner Frankel’s appointments were deferred to September 4, 2012 Regular
Meeting) 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.
08/21/2012 -7 -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) (Motion to approve; Approved, 5-0) C. 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 “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. (Motion to approve; Approved, 4-0) D. 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. (Motion to approve; Approved, 4-0) E. 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. (Motion to approve; Approved, 4-0) F. RESOLUTION NO. 38-12/CONTRACT FOR
SALE AND PURCHASE/2707 S.W. 2ND STREET: Consider approval of Resolution No. 38-12, a contract for sale and purchase, authorizing the City to sell the Neighborhood Stabilization Program
(NSP) property located at 2707 S.W. 2nd Street to Santiago Gutierrez for the purchase price of $100,000.00 or appraised value and provide subsidy up to $25,000 secured by promissory
note and second mortgage. (Motion to approve; Approved, 4-0) 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. 26-12: Consider an amendment to Chapter 37 “Delray Beach Code Enforcement”, Section 37.45,
“Supplemental Code Enforcement Procedures”, Subsection Q, “Civil Penalties”, of the Code of Ordinances of the City of Delray Beach, Florida, in order to update the provisions pertaining
to noise control. If passed, a public hearing will be held on September 4, 2012. (Motion to approve; Approved, 4-0)
08/21/2012 -8 -B. ORDINANCE NO. 27-12: Consider an amendment to Chapter 99, “Noise Control”, of the Code of Ordinances of the City of Delray Beach by repealing Chapter 99, “Noise Control”,
in its entirety, enacting a new Chapter 99, “Noise Control”, providing for the control of sound originating within the City of Delray Beach in its place. If passed, a public hearing
will be held on September 4, 2012. (Motion to approve; Approved, 4-0) 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: AUGUST
17, 2012 ****** Meeting adjourned at 11:00 p.m. ******
08/21/2012
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1. ROLL CALL. (Commissioner Frankel left the meeting at 8:42 pm)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor McDuffie noted Item 8.I., Special Event Request/13 th Annual
Downtown Delray Beach Thanksgiving Weekend Art Festival was moved to the Regular Agenda as
Item 9.A.A; Item 8.J., Special Event Request/18 th Annual Downtown Delray Beach Craft Festival was
moved to the Regular Agenda as Item 9.A.A.A; Item 8.K., Special Event Request/ 26 th Annual Turkey
Trot was moved to the Regular Agenda as Item 9.A.A.A.A; Item 8.L., Special Event Request/ On The
Ave was moved to the Regular Agenda as Item 9.A.A.A.A.A. Item 9.C., Direction Regarding Selection
of Solid Waste Collection Services Provider has addi tional information on the dais; it was moved to the
Regular Agenda as Item 9.A. Commissioner Carney also asked about public comments for this item. It
was the consensus of the Commission to not ha ve public comments; Item 9.E., City Manager
Recruitment Process, has additional information on the dais; Item 10.B., Ordinance No. 19-12 has
additional information on the dais. Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
A. August 3, 2012 – Special Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing and Commending Eula Mae Johnson
B. Recognizing and Commending Sergeant Brady Myers
C. Fire Fighter Appreciation Month – August 2012
D. Hunger Action Month – September 2012
E. Recognizing and Commending the Delray Blazers Travel Basketball Team
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. ACCEPTANCE OF A SIDEWALK DEFERRAL AND SIDEWALK
EASEMENT AGREEMENT/1005 ISLAND DRIVE: Approve acceptance of a
sidewalk easement and sidewalk deferral agreement to allow future construction of a
sidewalk, for a proposed new two-story single family residence along the right-of-way
within the cul-de-sac adjacent to the proper ty located at 1005 Isla nd Drive within the
North Beach Overlay District.
B. RESOLUTION NO. 39-12/BEACH RENOURISHMENT PROJECT: Approve
Resolution No. 39-12 in support of the City of Delray Beach Renourishment Project
and its ongoing funding commitment to provide for the local match.
08/21/2012
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C. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Award one
(1) Housing Rehabilitation c ontract through the Community Development Block Grant
(CDBG) to the lowest responsive bidder, Bu ilt Solid Construction, LLC, for 622 S.W.
4th Avenue in the amount of $21,088.46. Fu nding is available from 118-1963-554-49.19
(Neighborhood Services: Other Current Charges/Housing Rehabilitation).
D. FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT/
COMMUNITY REDEVELOPMENT AGENCY (CRA): Approve the First
Amendment to the Interlocal Agreement wi th the Community Redevelopment Agency
(CRA) to purchase trolley style vehicles fo r the free shuttle transportation service from
Tri-Rail through the downtown to the beach.
E. EXTENSION OF A MAINTENANCE AND SUPPORT AGREEMENT
WITH MOTOROLA, INC.: Approve an extension to the Maintenance and Support
Agreement between the City and Motorola, Inc. in the amount of $118,470.12
for maintenance and support for all of dispatch with the exception of the law
enforcement officers’ portable radios. Fund ing is available from 001-2111-521-46.20
(General Fund: Repair & Maintenance Services/Equipment Maintenance).
F. EXTENSION OF THE INSURANCE AGENT/BROKER SERVICE
AGREEMENT/THE PLASTRIDGE AGENCY, INC.: Approve an extension of
the Insurance Agent/Broker Serv ice Agreement with The Plas tridge Agency, Inc. at a
cost not to exceed $125,000.00 for an additional one year period beginning
10/1/12. Funding is available from 551-1575-591-45.11(Insurance
Fund/Insurance/General Liability Premiu ms), 551-1575-591-45.31 (Insurance
Fund/Insurance/Package Policy Premium), and 551-1575-591-4532 (Insurance
Fund/Insurance/Package Policy Premiums, Excess Workers' Comp Premium).
G. RESOLUTION NO. 42-12: Approve Resolution No. 42-12 assessing costs for
abatement action required to remove nuisances on three (3) properties throughout the
City of Delray Beach.
H. RATIFICATION OF APPOIN TMENTS TO THE PARKING
MANAGEMENT ADVISORY BOARD: Approve and ratify the appointments of
Ms. Diane Franco regular representative, Downtown Development Authority; Ms.
Margie Walden as the regular representa tive and Mr. Peter Perri as the alternate
representative, West Atlantic Redevelopment Coalition; Veronica Covington as the
alternate representative, Community Rede velopment Agency; Connor Lynch as the
alternate representative, Planning & Zoning Board; and William Morse as the regular
representative, Chamber of Commerce for two (2) year terms ending July 31, 2014.
I. (MOVED TO ITEM 9.AA. ON THE REGULAR AGENDA)
J. (MOVED TO ITEM 9.AAA. ON THE REGULAR AGENDA)
K. (MOVED TO ITEM 9.AAAA. ON THE REGULAR AGENDA)
L. (MOVED TO ITEM 9.AAAAA. ON THE REGULAR AGENDA)
08/21/2012
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M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
August 6, 2012 through August 17, 2012.
N. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Layne Inliner, LLC in the amount of $72,115.00 for
rehabilitation of sanitary sewer main segm ents as part of the annual Sanitary
Sewer Main Rehabilitation program. Fu nding is available from 442-5178-536-
63.51 (W & S Renewal & Replacement Fund: Improvements Other/Sewer
Mains).
2. Contract award to Line Tec in an amount not to exceed $30,000.00 for replacing
damaged and broken water meters located in various areas throughout the City
of Delray Beach. Funding is availabl e from 441-5112-536-34.90 (Water and
Sewer Fund: Other Contractual Services).
3. Purchase award to AG-Tronix in the amou nt of $16,405.48 for three (3) Irrinet
M 24 Stations for the Gateway Feature Pr oject to be installed on West Atlantic
Avenue. Funding is available from 334-3162-541-68.09 (General Construction
Fund: Other Improvement/Atlantic Avenue Gateway Feature).
4. Purchase award to Software House Inter national in the amount of $147,950.98
for 175 additional software licenses. Fu nding is available from 001-1811-513-
46.90 (General Fund: Repair & Maintenance Services/Other
Repair/Maintenance Costs).
9. REGULAR AGENDA:
AA. SPECIAL EVENT REQUEST/13TH ANNUAL DOWNTOWN DELRAY
BEACH THANKSGIVING WEEKEND ART FESTIVAL: Approve a special
event request for the 13th Annual Down town Delray Beach Thanksgiving Weekend
Art Festival to be held on November 24-25, 2012 from 10:00 a.m. until 5:00 p.m., to
grant a temporary use permit per LDR Section 2.4.6(F) for the use of N.E. 2nd Avenue
from the alley just north of Atlantic Aven ue to approximately 400 feet north of N.E.
3rd Street, leaving an access lane to the City Walk parking garage, and to authorize staff
support for traffic control, security, and Fire Inspector with the sponsor paying all
overtime costs. (Motion to approve; Approved, 4-0)
AAA. SPECIAL EVENT REQUEST/18 TH ANNUAL DOWNTOWN DELRAY
BEACH CRAFT FESTIVAL: Approve a special event request to endorse the
18th Annual Downtown Delray Beach Craf t Festival sponsored by Howard Alan
Events, Ltd. to be held October 6-7, 201 2 from 10:00 a.m. to 5:00 p.m., to grant a
temporary use permit per LDR Section 2.4.6(F) for the closure and use of N.E. 4th
Avenue from Atlantic Avenue to S.E. 1st St reet and from Atlantic Avenue to N.E. 1st
Street, to utilize the north end of the Hand s parking lot for vendor parking; and to
provide staff support for traffic control and security, and fire inspection services.
(Motion to approve; Approved, 4-0)
08/21/2012
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AAAA. SPECIAL EVENT REQUEST/26 TH ANNUAL TURKEY TROT: Approve a
special event request to allow the 26th Annual Turkey Trot to be held on Saturday,
November 17, 2012 from 7:00 a.m. until approximately 9:00 a.m., including a temporary
use permit per LDR Section 2.4.6(F) for the closure and use of A-1-A from Casuarina
to George Bush Boulevard from 4:00 a.m. to approximately 9:00 a.m., and authorize
staff support for traffic control, barricading, cl ean up, use of half of small stage, event
signage and waiver of parking meter fees for Sandoway, Ingraham, and Anchor Parking
Lots and along Atlantic Avenue from Venetian to A-1-A from 6:30 a.m. until
approximately 9:30 a.m. (Motion to approve; Approved, 4-0)
AAAAA. SPECIAL EVENT REQUEST/ON THE AVE: Approve a special event request
to endorse On the Ave to be held on Octobe r 18, 2012 from 6:00 p.m. to 10:00 p.m., to
grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic
Avenue from Swinton to the west side of N.E./S.E. 6th Avenue, Railroad Avenue from
Atlantic to 150 feet north of the east/west a lley, and to the alleys north and south of
Atlantic on N.E./S.E. 1st Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue and
N.E./S.E. 4th Avenue; to authorize staff su pport for security and traffic control, EMS
assistance and fire inspection, banner hangin g and removal, event signage, barricade set
up and removal, and trash removal and clean up. (Motion to approve; Approved, 4-0)
A. SITE PLAN EXTENSION REQUEST/36 S.E. 1 ST AVENUE: Consider a
request to extend the site plan for twenty-four (24) months for the property located at
36 S.E. 1 st Avenue. (Quasi-Judicial Hearing) (Motion to adopt board order as presented;
Approved, 4-0)
B. REQUEST TO EXTEND TIMEFRAME/ DELRAY PLACE: Consider a
request to extend six (6) additional months (in addition to the 6 months previously
granted) to submit a privately sponsored re zoning from POC (Planned Office Center)
to SAD (Special Activities District for 9.95 acre for Delray Place, located at 1801 and
1845 South Federal Highway. (Quasi-Judicial Hearing) (Motion to approve extension;
Approved, 4-0)
C. DIRECTION REGARDING SELECTION OF SOLID WASTE
COLLECTION SERVICES PROVIDER: Provide direction to staff regarding
selection of a Solid Waste Collection Services provider for the City. (Motion to renew
with staff to bring back amendment to the Commission; Approved, 3-2. Commissioner Carney
and Commissioner Jacquet dissenting)
D. ADOPTION OF THE SOUTH FEDERAL HIGHWAY REDEVELOPMENT
PLAN: Consider adoption of the “South Federal Highway Redevelopment Plan”,
which covers the commercial properties on both sides of South Federal Highway
between Linton Boulevard on the north and the city limits to the south. (Motion to
postpone item to the September 4, 2012 Regular Meeting; Approved, 4-0)
E. CITY MANAGER RECRUITMENT PROCESS: Discuss the recruitment process
to select a new City Manager. (Consensus of the Commission to use the ICMA Range Rider
Program)
08/21/2012
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F. CHANGE ORDER NO. 4/ FOSTER MARINE CONTRACTORS, INC.:
Consider approval of Change Order No. 4 with Foster Marine Contractors, Inc. in the
amount of $11,844.45 for the Auburn Av enue Improvement Project. Funding is
available from 334-3162-541-68.65 (General Construction Fund: Other
Improvement/Auburn Avenue Improvements). (Motion to approve; Approved, 4-0)
G. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one
(1) regular member to serve an unexpire d term ending July 31, 2013 to the Nuisance
Abatement Board. Based upon the rotation sy stem, the appointment will be made by
Commissioner Carney (Seat #1). (Appointed Carol Anderson and approved 4-0)
H. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular
member to the Education Board to serve an unexpired term ending July 31, 2013. Based
upon the rotation system, the appointment will be made by Commissioner Gray (Seat
#4). (Commissioner Gray’s appointm ent was deferred to Septem ber 4, 2012 Regular Meeting)
I. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) alternate
member to the Civil Service Board to serv e an unexpired term ending July 1, 2014.
Based upon the rotation system , the appointment will be made by Commissioner Gray
(Seat #4). (Appointed Kristin Christensen and approved 4-0)
J. APPOINTMENTS TO THE BOARD OF ADJUSTMENTS: Appoint three (3)
regular members to the Board of Adjustments to serve two (2) years terms
ending August 31, 2014. Based upon th e rotation system, the appointments will be
made by Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner
Carney (Seat #1). (Appointed Allen Kilik and approved 4-0; Appoi nted Dale Miller and
approved 4-0; Appointed Mel Pollack and approved 4-0)
K. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) At Large Representative to the Neighborhood Advisory Council to
serve an unexpired term ending July 31, 2014. Based upon the rotation system, the
appointment will be made by Commissioner Gray (Seat #4). (Commissioner Gray’s
appointment was deferred to Se ptember 4, 2012 Regular Meeting)
L. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD:
Appoint four (4) regular members to the Hi storic Preservation Board to serve two (2)
year terms ending August 31, 2014. Based upon the rotation system, the appointments
will be made by Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1),
Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). (Appointed Ana
Maria Aponte and approved 4-0. Commissioner Carney, Commissioner Jacquet and
Commissioner Frankel’s appoint ments were deferred to September 4, 2012 Regular Meeting)
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.
08/21/2012
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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 CB D (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. 10th Avenue. (Quasi-Judicial Hearing) (Motion to
approve; Approved, 5-0)
C. 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; cr eation of “Local Register of Hi storic Places”; clarification
of procedures for tax exemptions for historic properties; clarification of criteria for
changes of historic designation and/or classification. (Motion to approve; Approved, 4-0)
D. 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. (Motion to approve; Approved, 4-0)
E. 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. (Motion to approve; Approved, 4-0)
F. RESOLUTION NO. 38-12/CONTRACT FOR SALE AND PURCHASE/2707
S.W. 2ND STREET: Consider approval of Resolution No. 38-12, a contract for sale
and purchase, authorizing the City to sell the Neighborhood Stabilization Program
(NSP) property located at 2707 S.W. 2nd Str eet to Santiago Gutierrez for the purchase
price of $100,000.00 or appraised value and provide subsidy up to $25,000 secured by
promissory note and second mortgage. (Motion to approve; Approved, 4-0)
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. 26-12: Consider an amendment to Chapter 37 “Delray Beach
Code Enforcement”, Section 37.45, “Suppl emental Code Enforcement Procedures”,
Subsection Q, “Civil Penalties”, of the Code of Ordinances of the City of Delray Beach,
Florida, in order to update the provisions pert aining to noise control. If passed, a public
hearing will be held on September 4, 2012. (Motion to approve; Approved, 4-0)
08/21/2012
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B. ORDINANCE NO. 27-12: Consider an amendment to Chapter 99, “Noise Control”,
of the Code of Ordinances of the City of De lray Beach by repealing Chapter 99, “Noise
Control”, in its entirety, enacting a new Chapter 99, “Noise Control”, providing for the
control of sound originating within the City of Delray Beach in its place. If passed, a
public hearing will be held on September 4, 2012. (Motion to approve; Approved, 4-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: AUGUST 17, 2012
****** Meeting adjourned at 11:00 p.m. ******