09-04-12 Agenda Results Regular MeetingMicrosoft Word - 09-04-12 Agenda Results Regular Meeting.doc
City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** City Commission Meeting Tuesday, September 4, 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
09/04/2012 -2 -1. ROLL CALL. (Commissioner Frankel and Commissioner Jacquet were absent) 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor McDuffie noted
Item 8.K., Special Event Request/Extreme Volleyball Professional (EVP) Tour, was moved to the Regular Agenda as Item 9.A.A; Item 8.M.1., Bid Award/Multiple Vendors: Disaster Debris Removal,
was moved to the Regular Agenda as Item 9.A.A.A; Item 9.B., Adoption of the South Federal Highway Redevelopment Plan, was moved to the September 20, 2012 Regular Meeting; Item 9.C.,
Valet Parking Queue Expansion/Prime Steakhouse, was moved to the September 20, 2012 Regular Meeting; Item 9.G., 2012 Beach Renourishment Project, and Item 9.G.1., Contract Award to Great
Lakes Dredge and Dock Company, were moved to the September 11, 2012 Special/Workshop Meeting. Approved as amended, 3-0). 5. APPROVAL OF MINUTES: A. August 7, 2012 – Regular Meeting (Approved,
3-0) 6. PROCLAMATIONS: A. None 7. PRESENTATIONS: A. RESOLUTION NO. 40-12: Approve Resolution No. 40-12 recognizing and commending Patti L. Goodson for 30 years of dedicated service to
the City of Delray Beach. (Approved, 3-0) B. RESOLUTION NO. 41-12: Approve Resolution No. 41-12 recognizing and commending John Bullard for 30 years of dedicated service to the City
of Delray Beach. (Approved, 3-0) 8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 3-0) A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL
BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarterly Meeting of August 16, 2012. B. AMENDMENT NO. 5
/QUALITY TRANSPORT SERVICES, INC.: Approve Amendment No. 5 with Quality Transport Services, Inc. for the continued provision of shuttle service for the Downtown Roundabout. Funding of
services is provided through various grants from the Community Redevelopment Agency (CRA) and Florida Department of Transportation (FDOT).
09/04/2012 -3 -C. ANNUAL PROJECT HOLIDAY/YOU ARE NOT ALONE SUPPORT: Approve a request for city support and assistance for the 7th Annual Project Holiday sponsored by the You Are Not
Alone Organization, which provides packages to armed services personnel. D. GENERAL EMPLOYEES PENSION PLAN INVESTMENT POLICY GUIDELINES: Approve changes to the General Employees Pension
Plan Investment Policy Guidelines. E. FY 2013 GOLF RATES/DELRAY BEACH MUNICIPAL GOLF COURSE: Approve the proposed maximum rates for the Delray Beach Municipal Golf Course. F. FY 2013
TENNIS RATES/TENNIS FACILITIES: Approve the proposed maximum rates for the Tennis Facilities. G. FY 2013 GOLF RATES/LAKEVIEW GOLF COURSE: Approve the proposed maximum rates for the Lakeview
Golf Course. H. EXTENSION OF CONSULTING AGREEMENT/GALLAGHER BASSETT SERVICES (GBS): Approve an Extension of the Consulting Agreement with Gallagher Bassett Services, Inc. (GBS) in the
amount of $120,400.00 for employee benefits management consulting services. Funding is available from 551-1575-591-45.20 (Insurance Fund: Insurance/Claims Handling Costs). I. RENEWAL
OF INSURANCE POLICY/FLORIDA MUNICIPAL INSURANCE TRUST (FMIT): Approve renewal of our insurance policy and payment of the premium to Florida Municipal Insurance Trust (FMIT) in the amount
of $1,568,373.00 for liability insurance, property damage insurance and workers’ compensation insurance. Funding is available from 551-1575-591-45.11 (Insurance Fund: Insurance/General
Liability Premium). J. SPECIAL EVENT REQUEST/51ST ANNUAL DELRAY AFFAIR: Approve a special event request from the Chamber of Commerce to endorse the 51st Annual Delray Affair to be held
on April 5-7, 2013, to grant a temporary use permit per LDR Section 2.4.6(F) for use of City property and rights-of-way as requested including Atlantic Avenue from S.W. 2nd Avenue to
Palm Square, as well as Worthing Park and Old School Square Park, to provide trash boxes and use of City generator, to provide staff support as outlined in the attached letter and permit,
to allow all vendor permits to be assigned and approved by the Chamber of Commerce, to allow this to be the only event held on these dates in the City, to provide a waiver of parking
time restrictions in the downtown area during the event, the event producer to pay 100% of all City costs and to provide staff support as requested; contingent upon the conditions of
approval listed in the staff report. K. (MOVED TO ITEM 9.AA. ON THE REGULAR AGENDA).
09/04/2012 -4 -L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 20, 2012 through August
31, 2012. M. AWARD OF BIDS AND CONTRACTS: 1. (MOVED TO ITEM 9.AAA. ON THE REGULAR AGENDA). 2. Bid award to Complete Property Services of South Florida, Inc., in the amount of $39,970.00
for landscape maintenance at Homewood & Linton Boulevard and three (3) medians on Military Trail. Funding is available from 119-4144-572-46.40 (Beautification Trust Fund: Repair and
Maintenance Services/Beautification Maintenance). 9. REGULAR AGENDA: AA. SPECIAL EVENT REQUEST/EXTREME VOLLEYBALL PROFESSIONALS (EVP) TOUR: Approve a special event request for the Extreme
Volleyball Professionals (EVP) Tour, sponsored by EVP Tours and supported by the Downtown Marketing Cooperative, to be held on September 22-23, 2012 from 7:00 a.m. to 7:00 p.m., with
setup beginning September 21, 2012 at 5:00 p.m., to grant a waiver to the City Code of Ordinances, Section 101.32, Section 101.32, “Assemblies”, to allow assembly on the beach; and to
authorize staff support at an estimated cost of $735.00; contingent upon receipt of a turtle permit fourteen (14) days prior to the event.. Per the current Special Event Policies and
Procedures, the DBMC's will pay 35% of our costs, or an estimated $257.00. (Motion to approve (includes waiver); Approved, 3-0) AAA. Bid award to multiple vendors for disaster debris
removal. Funding is available from 433-3711-534-49-90 (Sanitation Fund: Other Current Charges). (Motion to approve; Approved, 3-0) A. WAIVER REQUEST/WEST CORNER VENTURE, LLC: Consider
approval of a waiver request for a waiver to Land Development Regulations (LDR) Section 4.6.16(H)(3)(d), “New Multiple Family, Commercial, and Industrial Development”, to allow a 1’
landscape buffer where 5’ is required for 10th and 10th Center, located at the southeast corner of S.W. 10th Street and S.W. 10th Avenue. (Quasi-Judicial Hearing) (Motion to adopt board
order as presented; Approved, 3-0) B. 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. (Moved to the September 20, 2012 Regular Meeting;
Approved, 3-0) C. VALET PARKING QUEUE EXPANSION/PRIME STEAKHOUSE: Consider a request from Prime Steakhouse to expand their valet parking queue from 2 to 6 spaces for the property located
at 110 East Atlantic Avenue. (Moved to the September 20, 2012 Regular Meeting; Approved, 3-0)
09/04/2012 -5 -D. REQUEST/GREEN MARKET RELOCATION: Consider approval of a relocation of the Green Market to be held on October 13, 2012 through May 11, 2013 from 9:00 a.m. to 2:00 p.m.
to grant a temporary use permit per (LDR) Section 2.4.6(F) and closure of S.E. 4th Avenue to Old School Square Park; and reduce the rental rate to $200.00 per day plus utilities costs.
(Motion to approve; Approved, 3-0) E. SPECIAL EVENT REQUEST/14TH ANNUAL GARLIC FESTIVAL: Consider approval of a special event request for the 14th Annual Garlic Festival to be held February
8-10, 2013, and grant a temporary use permit per LDR Section 2.4.6(F) for use of City rights-of-way to include N.E. 1st Avenue from Atlantic to the grass area at Old School Square, Swinton
Avenue from Atlantic to N.E. 1st Street and Old School Square Park and N.E. 2nd Avenue from the north side of the east/west alley north of Atlantic to a line at the south end of the
Old School Square Garage, from 6:00 a.m., February 7 through 11:00 p.m., February 10, 2013 and use of the Old School Square Parking Garage, CRA parking lots in Block 60, City Hall north
lot, City Attorney lot and the County Parking Garage, and authorize staff support for traffic control and security, EMS assistance, barricading, banner hanging, signage preparation and
installation, use of a City generator, the event producer to pay 100% of all City costs, and waiver of the two (2) hour parking limit in the downtown area during the event, subject to
the conditions listed in the staff report. (Motion to approve with staff conditions; Approved, 3-0) F. LETTERS OF INTENT/OLD SCHOOL SQUARE GARAGE RETAIL SPACE: Provide direction regarding
the Letters of Intent received for purchase of the Old School Square garage retail space. (Consensus of the Commission to do a new appraisal then Commission will look at the asking price)
G. 2012 BEACH RENOURISHMENT PROJECT: Provide direction on the upcoming Beach Renourishment Project. (Moved to the September 11, 2012 Workshop Meeting as a special meeting item; Approved,
3-0) 1. CONTRACT AWARD TO GREAT LAKES DREDGE AND DOCK COMPANY: Approve a contract award to Great Lakes Dredge and Dock Company in the amount of $8,820,110.00 for construction of the
Beach Renourishment Project. Funding is reimbursable from Federal, State and County funding sources. (Moved to the September 11, 2012 Workshop Meeting as a special meeting item; Approved,
3-0) H. WOMEN’S TENNIS ASSOCIATION (WTA) CHAMPIONSHIP TOURNAMENT: Provide direction concerning a bid to the Women’s Tennis Association (WTA) to be a host site/promoter for the WTA Championship
beginning 2014. (Consensus of the Commission to not move forward with this tournament ) I. 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). (Appointed Deborah Nix and approved 3-0)
09/04/2012 -6 -J. 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). (Appointed Patricia Westall and approved 3-0) K. APPOINTMENTS TO THE HISTORIC PRESERVATION
BOARD: Appoint three (3) 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 Commissioner Carney (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). (Appointed Annie Adkins Roof and approved 3-0. Commissioner Jacquet and Commissioner
Frankel’s appointments were deferred to September 20, 2012 Regular Meeting) 10. PUBLIC HEARINGS: A. RESOLUTION NO. 44-12 (TENTATIVE MILLAGE LEVY): A resolution tentatively levying a
tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2013. (Motion to approve;
Approved, 3-0) B. RESOLUTION NO. 45-12 (TENTATIVE MILLAGE LEVY/DDA): A resolution tentatively levying a tax of one mill on all properties within the Downtown Development Authority Taxing
District of the City of Delray Beach for FY 2013. (Motion to approve; Approved, 3-0) C. RESOLUTION NO. 46-12 (TENTATIVE BUDGET ADOPTION FOR FY 2013): A resolution tentatively making
appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2012 through September 30, 2013. (Motion to approve; Approved, 3-0)
D. 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. (Motion to approve; Approved, 3-0) E. 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. (Motion to approve; Approved, 3-0)
09/04/2012 -7 -F. RESOLUTION NO. 43-12/CONTRACT FOR SALE AND PURCHASE/810 N.W. 21ST WAY: Consider approval of Resolution No. 43-12, a contract for sale and purchase, authorizing the
City to sell the Neighborhood Stabilization Program (NSP) property located at 810 N.W. 21st Way to Jarrod Levins for the purchase price of $145,000.00 or appraised value and provide
subsidy up to $50,000.00 secured by promissory note and second mortgage. (Motion to approve; Approved, 3-0) 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. 28-12: Consider an ordinance amending
Chapter 35, "Employees Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by amending Section 35.089, “Definitions”, to amend the definition of “Employee”
to include certain previously excluded positions. If passed, a public hearing will be held on September 20, 2012. (Motion to approve; Approved, 3-0) B. ORDINANCE NO. 30-12: An ordinance
amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, “Regular Charges Levied”, to provide for increased residential and commercial collection
service rates for FY 2013. If passed, a public hearing will be held on September 20, 2012. (Motion to approve; Approved, 3-0) 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City
Manager B. City Attorney C. City Commission POSTED: AUGUST 31, 2012 ****** Meeting adjourned at 8:04 p.m. ******
09/04/2012
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1. ROLL CALL. (Commissioner Frankel and Commi ssioner Jacquet were absent)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor McDuffie noted Item 8.K., Special Event Request/Extreme
Volleyball Professional (EVP) Tour, was moved to the Regular Agenda as Item 9.A.A; Item 8.M.1., Bid
Award/Multiple Vendors: Disaster De bris Removal, was move d to the Regular Agenda as Item 9.A.A.A;
Item 9.B., Adoption of the South Federal Highway Redevelopment Plan, was moved to the September
20, 2012 Regular Meeting; Item 9.C ., Valet Parking Queue Expansion/Pr ime Steakhouse, was moved to
the September 20, 2012 Regular Me eting; Item 9.G., 2012 Beach Re nourishment Project, and Item
9.G.1., Contract Award to Great Lakes Dredge and Dock Company, were moved to the September 11,
2012 Special/Workshop Meeting. Approved as amended, 3-0).
5. APPROVAL OF MINUTES:
A. August 7, 2012 – Regular Meeting (Approved, 3-0)
6. PROCLAMATIONS:
A. None
7. PRESENTATIONS:
A. RESOLUTION NO. 40-12: Approve Resolution No. 40-12 recognizing and
commending Patti L. Goodson for 30 years of dedicated service to the City of Delray
Beach. (Approved, 3-0)
B. RESOLUTION NO. 41-12: Approve Resolution No. 41-12 recognizing and
commending John Bullard for 30 years of dedica ted service to the City of Delray Beach.
(Approved, 3-0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 3-0)
A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the
actions of the South Central Regional Wastewater Treatment and Disposal Board at
their Quarterly Meeting of August 16, 2012.
B. AMENDMENT NO. 5 /QUALITY TRANSPORT SERVICES, INC.: Approve
Amendment No. 5 with Quality Transport Serv ices, Inc. for the continued provision of
shuttle service for the Downtown Roundabout. Funding of services is provided through
various grants from the Community Redevelopment Agency (CRA) and Florida
Department of Transportation (FDOT).
09/04/2012
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C. ANNUAL PROJECT HOLIDAY/YO U ARE NOT ALONE SUPPORT:
Approve a request for city support and assistance for the 7th Annual Project Holiday
sponsored by the You Are Not Alone Organiza tion, which provides packages to armed
services personnel.
D. GENERAL EMPLOYEES PENSION PLAN INVESTMENT POLICY
GUIDELINES: Approve changes to the General Employees Pension Plan
Investment Policy Guidelines.
E. FY 2013 GOLF RATES/DELRAY BEACH MUNICIPAL GOLF COURSE:
Approve the proposed maximum rates for the Delray Beach Municipal Golf Course.
F. FY 2013 TENNIS RATES/TENNIS FACILITIES: Approve the proposed
maximum rates for the Tennis Facilities.
G. FY 2013 GOLF RATES/ LAKEVIEW GOLF COURSE: Approve the proposed
maximum rates for the Lakeview Golf Course.
H. EXTENSION OF CONSULTING AGREEMENT/GALLAGHER BASSETT
SERVICES (GBS): Approve an Extension of th e Consulting Agreement with
Gallagher Bassett Services, Inc. (GBS) in the amount of $120,400.00 for employee
benefits management consulting services. Fu nding is available from 551-1575-591-45.20
(Insurance Fund: Insurance/Claims Handling Costs).
I. RENEWAL OF INSURANCE PO LICY/ FLORIDA MUNICIPAL
INSURANCE TRUST (FMIT): Approve renewal of our insurance policy and
payment of the premium to Florida Municipa l Insurance Trust (FMIT) in the amount of
$1,568,373.00 for liability insurance, pr operty damage insurance and workers’
compensation insurance. Funding is availa ble from 551-1575-591-45.11 (Insurance
Fund: Insurance/General Liability Premium).
J. SPECIAL EVENT REQUEST/51 ST ANNUAL DELRAY AFFAIR: Approve a
special event request from the Chamb er of Commerce to endorse the 51 st Annual
Delray Affair to be held on April 5-7, 20 13, to grant a temporary use permit per LDR
Section 2.4.6(F) for use of City property an d rights-of-way as requested including
Atlantic Avenue from S.W. 2nd Avenue to Palm Square, as well as Worthing Park and
Old School Square Park, to provide trash boxes and use of City generator, to provide
staff support as outlined in the attached letter and permit, to allow all vendor permits to
be assigned and approved by the Chamber of Commerce, to allow this to be the only
event held on these dates in the City, to pr ovide a waiver of parking time restrictions in
the downtown area during the event, the ev ent producer to pay 100% of all City costs
and to provide staff support as requested; contingent upon the conditions of
approval listed in the staff report.
K. (MOVED TO ITEM 9.AA. ON THE REGULAR AGENDA).
09/04/2012
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L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
August 20, 2012 through August 31, 2012.
M. AWARD OF BIDS AND CONTRACTS:
1. (MOVED TO ITEM 9.AAA. ON THE REGULAR AGENDA).
2. Bid award to Complete Property Services of South Florida, Inc., in the amount
of $39,970.00 for landscape mainten ance at Homewood & Linton Boulevard
and three (3) medians on Military Trail. Fu nding is available from 119-4144-572-
46.40 (Beautification Trust Fund: Repair and Maintenance
Services/Beautification Maintenance).
9. REGULAR AGENDA:
AA. SPECIAL EVENT REQUEST/EXTREME VOLLEYBALL
PROFESSIONALS (EVP) TOUR: Approve a special event request for the Extreme
Volleyball Professionals (EVP) Tour, spons ored by EVP Tours and supported by the
Downtown Marketing Cooperative, to be he ld on September 22-23, 2012 from 7:00
a.m. to 7:00 p.m., with setup beginning Se ptember 21, 2012 at 5:00 p.m., to grant a
waiver to the City Code of Ordinances, Section 101.32, Section 101.32, “Assemblies”,
to allow assembly on the beach; and to aut horize staff support at an estimated cost of
$735.00; contingent upon receipt of a turtle permit fourteen (14) days prior to the
event.. Per the current Special Event Policie s and Procedures, the DBMC's will pay 35%
of our costs, or an estimated $257.00. (Motion to approve (includes waiver); Approved, 3-0)
AAA. Bid award to multiple vendors for disaster debris removal. Funding is available from
433-3711-534-49-90 (Sanitation Fund: Other Current Charges). (Motion to approve;
Approved, 3-0)
A. WAIVER REQUEST/WEST CORNER VENTURE, LLC: Consider approval
of a waiver request for a waiver to La nd Development Regulations (LDR) Section
4.6.16(H)(3)(d), “New Multiple Family, Comme rcial, and Industrial Development”, to
allow a 1’ landscape buffer where 5’ is required for 10th and 10th Center, located at the
southeast corner of S.W. 10th Street and S.W. 10th Avenue. (Quasi-Judicial Hearing)
(Motion to adopt board order as presented; Approved, 3-0)
B. 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. (Moved to the
September 20, 2012 Regular Meeting; Approved, 3-0)
C. VALET PARKING QUEUE EXPANSION/PRIME STEAKHOUSE: Consider
a request from Prime Steakhouse to expand th eir valet parking queue from 2 to 6 spaces
for the property located at 110 East Atlantic Avenue. (Moved to the September 20, 2012
Regular Meeting; Approved, 3-0)
09/04/2012
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D. REQUEST/GREEN MARKET RELOCATION: Consider approval of a
relocation of the Green Market to be held on October 13, 2012 through May 11, 2013
from 9:00 a.m. to 2:00 p.m. to grant a temporary use permit per (LDR) Section 2.4.6(F)
and closure of S.E. 4th Avenue to Old School Square Park; and reduce the rental rate to
$200.00 per day plus utilities costs. (Motion to approve; Approved, 3-0)
E. SPECIAL EVENT REQUEST/14 TH ANNUAL GARLIC FESTIVAL: Consider
approval of a special event request for the 14 th Annual Garlic Festival to be
held February 8-10, 2013, and grant a temporary use permit per LDR Section 2.4.6(F)
for use of City rights-of-way to include N.E. 1st Avenue from Atlantic to the grass area
at Old School Square, Swinton Avenue from Atlantic to N.E. 1st Street and Old School
Square Park and N.E. 2nd Avenue from the north side of the east/west alley north of
Atlantic to a line at the south end of the Old School Square Garage, from 6:00 a.m.,
February 7 through 11:00 p.m., February 10, 2013 and use of the Old School Square
Parking Garage, CRA parking lots in Block 60, City Hall north lot, City Attorney lot and
the County Parking Garage, and authorize sta ff support for traffic control and security,
EMS assistance, barricading, banner hanging, si gnage preparation and installation, use of
a City generator, the event producer to pay 100% of all City costs, and waiver of the
two (2) hour parking limit in the downtown area during the event, subject to the
conditions listed in the staff report. (Motion to approve with staff conditions; Approved, 3-
0)
F. LETTERS OF INTENT/OLD SCHOOL SQUARE GARAGE RETAIL
SPACE: Provide direction regarding the Letters of Intent received for purchase of the
Old School Square garage retail space. (Consensus of the Commission to do a new appraisal
then Commission will look at the asking price)
G. 2012 BEACH RENOURISHMENT PROJECT: Provide direction on the
upcoming Beach Renourishment Project. (Moved to the September 11, 2012 Workshop
Meeting as a special meeting item; Approved, 3-0)
1. CONTRACT AWARD TO GREAT LAKES DREDGE AND DOCK
COMPANY: Approve a contract award to Great Lakes Dredge and Dock
Company in the amount of $8,820,11 0.00 for construction of the Beach
Renourishment Project. Funding is reim bursable from Federal, State and
County funding sources. (Moved to the September 11, 2012 Workshop Meeting as a
special meeting item; Approved, 3-0)
H. WOMEN’S TENNIS ASSOCIATION (WTA) CHAMPIONSHIP
TOURNAMENT: Provide direction concerning a bid to the Women’s Tennis
Association (WTA) to be a host site/pro moter for the WTA Championship beginning
2014. (Consensus of the Commission to not move forward with this tournament )
I. 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). (Appointed Deborah Nix and approved 3-0)
09/04/2012
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J. 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). (Appointed Patricia Westall
and approved 3-0)
K. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD:
Appoint three (3) 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 Commissioner Carney (Sea t #1), Commissioner Ja cquet (Seat #2) and
Commissioner Frankel (Seat #3). (Appointed Annie Adkins Roof and approved 3-0.
Commissioner Jacquet and Comm issioner Frankel’s appointments were deferred to September
20, 2012 Regular Meeting)
10. PUBLIC HEARINGS:
A. RESOLUTION NO. 44-12 (TENTATIVE MILLAGE LEVY): A resolution
tentatively levying a tax on all properties within the City of Delray Beach for operation
and maintenance and for payment of principal and interest on bonded indebtedness for
FY 2013. (Motion to approve; Approved, 3-0)
B. RESOLUTION NO. 45-12 (TENTA TIVE MILLAGE LEVY/DDA): A
resolution tentatively levying a tax of one mill on all properties within the Downtown
Development Authority Taxing District of the City of Delray Beach for FY 2013.
(Motion to approve; Approved, 3-0)
C. RESOLUTION NO. 46-12 (TENTATI VE BUDGET ADOPTION FOR FY
2013): A resolution tentatively making appr opriations of sums of money for all
necessary expenditures of the City of Delray Beach for the period October 1, 2012
through September 30, 2013. (Motion to approve; Approved, 3-0)
D. 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. (Motion to
approve; Approved, 3-0)
E. 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 prov isions pertaining to noise control. (Motion to approve;
Approved, 3-0)
09/04/2012
- 7 -
F. RESOLUTION NO. 43-12/CONTRACT FOR SALE AND PURCHASE/810
N.W. 21 ST WAY: Consider approval of Resolution No. 43-12, a contract for sale and
purchase, authorizing the City to sell the Neighborhood Stabilization Program (NSP)
property located at 810 N.W. 21 st Way to Jarrod Levins for the purchase price of
$145,000.00 or appraised value and provid e subsidy up to $50,000.00 secured by
promissory note and second mortgage. (Motion to approve; Approved, 3-0)
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. 28-12: Consider an ordinance amen ding Chapter 35, "Employees
Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by
amending Section 35.089, “Definitions”, to amend the definition of “Employee” to
include certain previously excluded positions. If passed, a public hearing will be held on
September 20, 2012. (Motion to approve; Approved, 3-0)
B. ORDINANCE NO. 30-12: An ordinance amending Chapter 51, "Garbage and
Trash", of the City Code of Ordinances by amending Section 51.70, “Regular Charges
Levied”, to provide for increased residential and commercial collection service rates for
FY 2013. If passed, a public hearin g will be held on September 20, 2012. (Motion to
approve; Approved, 3-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: AUGUST 31, 2012
****** Meeting adjourned at 8:04 p.m. ******