09-20-12 Agenda Results Regular MeetingMicrosoft Word - 09-20-12 Agenda Results Regular Meeting.doc
City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** City Commission Meeting Thursday, September 20, 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
09/20/2012 -2 -1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor McDuffie noted Item 8.F., Bid Award/Randolph & Dewdney Construction, Inc.,
and Item 8.F.1., Change Order No. 1/Randolph & Dewdney Construction, Inc., was moved to the Regular Agenda as Item 9.A.A.; there was additional information on the dais for Item 8.M.,
Resolution No. 50-12; Staff requested that public hearings be held on October 16, 2012 for Item 10.A., Ordinance No. 29-12, Item 10.B., Ordinance No. 33-12 and Item 10.C., Ordinance
No. 34-12 to comply with advertisement requirements. Approved as amended, 5-0) 5. APPROVAL OF MINUTES: A. August 21, 2012 – Regular Meeting (Approved, 5-0) 6. PROCLAMATIONS: A. Recognizing
and Commending Lillie Bell Evans B. National Sickle Cell Awareness Month – September 2012 C. National Plug In Day – September 23, 2012 7. PRESENTATIONS: A. None 8. CONSENT AGENDA: City
Manager Recommends Approval. (Approved as amended, 5-0) A. REQUEST FOR A SIDEWALK DEFERRAL/1604 NORTH SWINTON AVENUE: Approve an agreement to defer installing a sidewalk along N.W. 16th
Street for the property located at 1604 North Swinton Avenue. B. REQUEST FOR A SIDEWALK DEFERRAL/910 & 920 N.W. 1ST AVENUE: Approve an agreement to defer installing a sidewalk in front
of 910 and 920 N.W. 1st Avenue. C. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL)/INTERCOUNTY ENGINEERING, INC.: Approve Contract Closeout (C.O. No. 2/Final) to Intercounty Engineering,
Inc. in the amount of a $53,535.19 decrease and final payment in the amount of $3,971.68 for completion of the S.W. 10th Avenue Water Main Project. Funding is available from 442-5178-536-68.76
(Water and Sewer Renewal & Replacement Fund: Improvements Other/S.W. 10th Avenue Water Main).
09/20/2012 -3 -D. REQUEST FOR PROPOSALS (RFP)/CONSTRUCTION AND ENGINEERING INSPECTION SERVICES (CEI)/FEDERAL HIGHWAY BEAUTIFICATION PROJECT: Approve the Selection Committee's ranking
of responses for RFP# 2012-32 for Construction and Engineering Inspection Services (CEI) for the Federal Highway Beautification Project; and authorizing staff to enter into contract
negotiations with the top ranked firm, R.J. Behar & Company. E. CONTRACT CLOSEOUT (CHANGE ORDER NO. 4/FINAL)/BRANG CONSTRUCTION, INC.: Approve Contract Closeout (C.O. No. 4/Final) to
Brang Construction, Inc. in the amount of a $13,662.72 decrease and final payment in the amount of $21,233.18 for completion of the ARRA Bus Shelters Project. Funding is available from
101-3163-544-65.70 (ARRA Economic Stimulus Fund: Other Improvements/Transit Stop Bus Shelters). F. (MOVED TO ITEM 9.AA. ON THE REGULAR AGENDA) 1. (MOVED TO ITEM 9.AA. ON THE REGULAR
AGENDA) G. INTERLOCAL AGREEMENT FOR HAZARDOUS MATERIALS EMERGENCY RESPONSE SERVICES/PALM BEACH COUNTY: Approve Interlocal Agreement for Hazardous Materials Emergency Response Services
with Palm Beach County for funding of hazardous materials emergency response services. H. GRANT APPLICATION TO FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)/VETERANS PARK
PLAYGROUND: Authorize staff to submit a grant application to the Florida State Department of Environmental Protection’s Recreation Development Assistance Program for funding in the amount
of $138,500.00 to replace playground equipment for Veterans Park. I. GRANT APPLICATION TO FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)/POMPEY PARK POOL: Authorize staff
to submit a grant application to the Florida State Department of Environmental Protection’s Recreation Development Assistance Program for funding in the amount of $178,350.00 to redesign
the wading pool at Pompey Park Pool located at 1101 N.W. 2nd Street. J. RENEWAL OF POLICE AND FIRE COMMUNICATIONS AGREEMENT/TOWN OF GULF STREAM: Approve renewal of the Police and Fire
Communications Agreement between the City and the Town of Gulf Stream for police and fire dispatching and communications services with a termination date of September 30, 2017. K. TRAFFIC
ENFORCEMENT AGREEMENT/THE SENECA GROUP HOMEOWNERS ASSOCIATION: Approve a Traffic Enforcement Agreement with The Seneca Group to allow the City of Delray Beach Police Department to enforce
State and local traffic laws on the private roads of The Seneca Group.
09/20/2012 -4 -L. REVISION TO THE COMMISSION RULES OF PROCEDURES/SCHEDULE FOR PUBLIC COMMENTS AT COMMISSION MEETINGS: Approve a revision to the Commission Rules of Procedures to provide
that public comments on non-agenda items shall begin after approval of the consent agenda and if not concluded by 7:00 p.m., shall terminate and resume after the public hearing portion
of the agenda. M. RESOLUTION NO. 50-12: Approve Resolution No. 50-12 which amends Resolution No. 6-08 and adopts updated Cemetery Rules and Regulations and Fees. N. APPOINTMENT TO WORKFORCE
ALLIANCE, INC. BOARD OF DIRECTORS: Appoint an individual to serve as a representative from the Delray Beach private sector to the Workforce Alliance Inc. Board of Directors. O. REVIEW
OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 3, 2012 through September 14, 2012. P. AWARD
OF BIDS AND CONTRACTS: 1. Contract award to Intercounty Engineering, Inc. in the amount of $56,384.00 for the construction of a drainage improvement project on Lowry Street on the barrier
island. Funding is available from 448-5461-538-63.90 (Storm Water Utility Fund: Improvements Other/Other Improvements). 9. REGULAR AGENDA: AA. BID AWARD/RANDOLPH & DEWDNEY CONSTRUCTION,
INC.: Approve a bid award to Randolph & Dewdney Construction, Inc. in the amount of $618,600.00 for modifications to Fire Station No. 1. Funding is available from 118-1962-554-62.89
(Neighborhood Services: Capital Outlay/Fire Station No. 1) and 118-1962-554-64.90 (Neighborhood Services: Capital Outlay/Other Machinery/Equipment). (Motion to approve; Approved, 5-0)
1. CHANGE ORDER NO. 1/RANDOLPH & DEWDNEY CONSTRUCTION, INC.: Approve Change Order No. 1 to Randolph & Dewdney Construction, Inc. to decrease the undefined collections allowance thereby
reducing the contract amount to $613,347.00 for modifications to Fire Station No. 1. Funding is available from 118-1962-554-62.89 (Neighborhood Services: Capital Outlay/Fire Station
No. 1) and 118-1962-554-64.90 (Neighborhood Services: Capital Outlay/Other Machinery/Equipment). (Motion to approve; Approved, 5-0)
09/20/2012 -5 -A. 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 adopt the South Federal Highway Redevelopment Plan; Approved,
5-0) B. FIFTH AMENDMENT TO THE SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT/WASTE MANAGEMENT, INC. OF FLORIDA: Consider approval of the Fifth Amendment to the Solid Waste
and Recycling Collection Franchise Agreement with Waste Management, Inc. of Florida. (Motion to approve; Approved, 3-2. Commissioner Carney and Commissioner Jacquet dissenting) C. CHARTER
REVIEW COMMITTEE FINAL REPORT: Provide direction on proposed changes to the City’s charter as recommended by the Charter Review Committee. (Motion to have all five proposed ordinances
move forward as a First Readings on October 16, 2012 with Public Hearings on both first and second readings; Denied, 3-2. Commissioner Frankel and Commissioner Carney dissenting. The
Final Consensus of the Commission was to move all five ordinances to October 16, 2012 Regular Meeting through the normal process) D. 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. (Motion to approve; Denied, 5-0) E. AGREEMENT:
DELRAY BEACH MARKETING COOPERATIVE (DBMC) COMMUNITY REDEVELOPMENT AGENCY (CRA)/GREATER DELRAY BEACH CHAMBER OF COMMERCE: Consider approval of an Agreement between the City, Delray Beach
Marketing Cooperative (DBMC), Community Redevelopment Agency (CRA) and the Greater Delray Beach Chamber of Commerce, to make the City the party responsible for financial aspects of First
Night; and the removal of the Downtown Development Authority (DDA). (Motion to postpone to the October 16, 2012 Regular Meeting; Approved, 5-0) F. MUNICIPAL LIEN SEARCH FEE INCREASE:
Consider approval of an increase to the municipal lien search fees. (Motion to approve with $65.00 for regular municipal lien searches and $100.00 for rush municipal lien searches; Approved,
5-0) G. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint two (2) 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 Gray (Seat #4) and Mayor McDuffie (Seat #5). (Appointed Reginald Cox and approved, 5-0; and appointed Annette
Smith and approved, 5-0) H. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to the Police Advisory Board to serve an unexpired term ending July 31, 2013. Based
upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). (Appointed Linda Kidd and approved, 5-0)
09/20/2012 -6 -I. APPOINTMENTS TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint two (2) regular members to serve unexpired terms ending July 31, 2014 and two (2) alternate members
to serve unexpired terms ending July 31, 2013 to the Green Implementation Advancement Board. 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). (Appointed Joeven Valenzuela and approved, 5-0; Appointed Hilary Roche and approved,
5-0; Appointed Michael Marcus and approved, 5-0 and appointed Giulia Pace and approved, 5-0) 10. PUBLIC HEARINGS: A. RESOLUTION NO. 47-12 (FINAL MILLAGE LEVY): A resolution 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 (Motion
to approve; Approved, 5-0) B. RESOLUTION NO. 48-12 (MILLAGE LEVY/DDA): A resolution levying a tax on all properties within the Downtown Development Authority Taxing District of the City
of Delray Beach for FY 2013. (Motion to approve; Approved, 5-0) C. RESOLUTION NO. 49-12 (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 Resolution No. 49-12 with the caveat of closing
the Delray Swim and Tennis Center pool; Approved, 3-2. Commissioner Frankel and Mayor McDuffie dissenting) 1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept the Planning and
Zoning Board’s finding that the proposed Five Year Capital Improvement Plan for FY 2012-13 through FY 2016-17 and FY 2013 Capital Improvement Budget are consistent with the Comprehensive
Plan. (Motion to approve; Approved, 5-0) D. ORDINANCE NO. 28-12: Consider an ordinance amending Chapter 35, "Employees Policies and Benefits", Subheading "Retirement Plan", of the Code
of Ordinances by amending Section35.089, “Definitions”, to amend the definition of “Employee” to include certain previously excluded positions. (Motion to approve; Approved, 4-1. Commissioner
Jacquet dissenting) E. 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. (Motion to approve; Approved, 4-1. Commissioner Jacquet dissenting)
09/20/2012 -7 -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. 29-12: Consider a request for historic designation of an individual site known as the “Waters-Wellenbrink Residence”, located
at 1108 Vista Del Mar Drive North to be listed in the Local Register of Historic Places. If passed, a public hearing will be held on October 2, 2012. (Motion to approve; Approved, 5-0)
B. ORDINANCE NO. 33-12: Consider an amendment to Chapter 37, “Delray Beach Code Enforcement”, by amending Section 37.42, “Administrative Fines; Costs of Repair, Liens”, to increase the
fines for noise violations as defined in Section 99.03. If passed, a public hearing will be held on October 2, 2012. (Motion to approve; Approved, 5-0) C. ORDINANCE NO. 34-12: Consider
an amendment to Chapter 99, “Noise Control”, by amending Section 99.03, “Loud and Unnecessary Noises Prohibited”, to clarify same, by amending Section 99.08, “Penalty”, to increase the
fines for noise violations. If passed, a public hearing will be held on October 2, 2012. (Motion to approve; Approved, 5-0) 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager
B. City Attorney C. City Commission POSTED: SEPTEMBER 14, 2012 ****** Meeting adjourned at 9:05 p.m. ******
09/20/2012
- 2 -
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor McDuffie noted Item 8.F., Bid Award/Randolph & Dewdney
Construction, Inc., and Item 8.F.1., Change Order No. 1/ Randolph & Dewdney Construction, Inc.,
was moved to the Regular Agenda as Item 9.A.A.; there was additional information on the dais for Item
8.M., Resolution No. 50-12; Staff reque sted that public hearings be held on October 16, 2012 for Item
10.A., Ordinance No. 29-12, Item 10.B., Ordinance No. 33-12 and Item 10.C., Ordinance No. 34-12 to
comply with advertisement requirements. Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
A. August 21, 2012 – Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing and Commending Lillie Bell Evans
B. National Sickle Cell Awareness Month – September 2012
C. National Plug In Day – September 23, 2012
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. REQUEST FOR A SIDEWALK DE FERRAL/1604 NORTH SWINTON
AVENUE: Approve an agreement to defer in stalling a sidewalk along N.W. 16 th Street
for the property located at 1604 North Swinton Avenue.
B. REQUEST FOR A SIDEWALK DEFERRAL/910 & 920 N.W. 1 ST AVENUE:
Approve an agreement to defer installing a sidewalk in front of 910 and 920 N.W. 1 st
Avenue.
C. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL)/
INTERCOUNTY ENGINEERING, INC.: Approve Contract Closeout (C.O. No.
2/Final) to Intercounty Engineering, Inc. in the amount of a $53,535.19 decrease and
final payment in the amount of $3,971.68 for completion of the S.W. 10th Avenue
Water Main Project. Funding is available fr om 442-5178-536-68.76 (Water and Sewer
Renewal & Replacement Fund: Improvements Other/S.W. 10th Avenue Water Main).
09/20/2012
- 3 -
D. REQUEST FOR PROPOSALS (RFP)/ CONSTRUCTION AND
ENGINEERING INSPECTION SERVICES (CEI)/FEDERAL HIGHWAY
BEAUTIFICATION PROJECT: Approve the Selection Committee's ranking of
responses for RFP# 2012-32 for Construction and Engineering Inspection Services
(CEI) for the Federal Highway Beautification Pr oject; and authorizing staff to enter into
contract negotiations with the top ranked firm, R.J. Behar & Company.
E. CONTRACT CLOSEOUT (CHANGE ORDER NO. 4/FINAL)/BRANG
CONSTRUCTION, INC.: Approve Contract Closeout (C.O. No. 4/Final) to Brang
Construction, Inc. in the amount of a $13,6 62.72 decrease and final payment in the
amount of $21,233.18 for completion of the ARRA Bus Shelters Project. Funding is
available from 101-3163-544-65.70 (ARRA Economic Stimulus Fund: Other
Improvements/Transit Stop Bus Shelters).
F. (MOVED TO ITEM 9.AA. ON THE REGULAR AGENDA)
1. (MOVED TO ITEM 9.AA. ON THE REGULAR AGENDA)
G. INTERLOCAL AGREEMENT FOR HAZARDOUS MATERIALS
EMERGENCY RESPONSE SERVICES/PALM BEACH COUNTY: Approve
Interlocal Agreement for Hazardous Materials Emergency Response Services with Palm
Beach County for funding of hazardous materials emergency response services.
H. GRANT APPLICATION TO FLORID A RECREATION DEVELOPMENT
ASSISTANCE PROGRAM (FRDAP)/ VETERANS PARK
PLAYGROUND: Authorize staff to submit a grant application to the Florida State
Department of Environmental Protecti on’s Recreation Development Assistance
Program for funding in the amount of $138,500.00 to replace playground equipment for
Veterans Park.
I. GRANT APPLICATION TO FLORID A RECREATION DEVELOPMENT
ASSISTANCE PROGRAM (FRDAP)/POMPEY PARK POOL: Authorize staff
to submit a grant application to the Flor ida State Department of Environmental
Protection’s Recreation Development Assistance Program for funding in the amount of
$178,350.00 to redesign the wading pool at Pompey Park Pool located at 1101 N.W.
2nd Street.
J. RENEWAL OF POLICE AND FIRE COMMUNICATIONS
AGREEMENT/TOWN OF GULF STREAM: Approve renewal of the Police and
Fire Communications Agreement between the City and the Town of Gulf Stream for
police and fire dispatching and communications services with a termination date of
September 30, 2017.
K. TRAFFIC ENFORCEMENT AGREEMENT/THE SENECA GROUP
HOMEOWNERS ASSOCIATION: Approve a Traffic Enforcement Agreement
with The Seneca Group to allow the City of Delray Beach Police Department to
enforce State and local traffic laws on the private roads of The Seneca Group.
09/20/2012
- 4 -
L. REVISION TO THE COMMISSION RULES OF PROCEDURES/
SCHEDULE FOR PUBLIC COMMENT S AT COMMISSION MEETINGS:
Approve a revision to the Commission Rules of Procedures to provide that public
comments on non-agenda items shall begin after approval of the consent agenda and if
not concluded by 7:00 p.m., shall terminate and resume after the public hearing portion
of the agenda.
M. RESOLUTION NO. 50-12: Approve Resolution No. 50-12 which amends
Resolution No. 6-08 and adopts updated Cemetery Rules and Regulations and Fees.
N. APPOINTMENT TO WORKFORCE ALLIANCE, INC. BOARD OF
DIRECTORS: Appoint an individual to serve as a representative from the Delray
Beach private sector to the Workforce Alliance Inc. Board of Directors.
O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
September 3, 2012 through September 14, 2012.
P. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Intercounty Engineering, Inc. in the amount of $56,384.00
for the construction of a drainage im provement project on Lowry Street on the
barrier island. Funding is available fr om 448-5461-538-63.90 (Storm Water
Utility Fund: Improvements Other/Other Improvements).
9. REGULAR AGENDA:
AA. BID AWARD/RANDOLPH & DEWDNEY CONSTRUCTION, INC.:
Approve a bid award to Randolph & Dewdney Construction, Inc. in the amount of
$618,600.00 for modifications to Fire Stat ion No. 1. Funding is available from 118-
1962-554-62.89 (Neighborhood Services: Capi tal Outlay/Fire Station No. 1) and 118-
1962-554-64.90 (Neighborhood Serv ices: Capital Outlay/Other
Machinery/Equipment). (Motion to approve; Approved, 5-0)
1. CHANGE ORDER NO. 1/RANDOLPH & DEWDNEY
CONSTRUCTION, INC.: Approve Change Order No. 1 to Randolph &
Dewdney Construction, Inc. to decrease the undefined collections allowance
thereby reducing the contract amount to $613,347.00 for modifications to Fire
Station No. 1. Funding is available from 118-1962-554-62.89 (Neighborhood
Services: Capital Outlay/Fire Stat ion No. 1) and 118-1962-554-64.90
(Neighborhood Services: Capital Outl ay/Other Machinery/Equipment). (Motion
to approve; Approved, 5-0)
09/20/2012
- 5 -
A. 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
adopt the South Federal Highway Redevelopment Plan; Approved, 5-0)
B. FIFTH AMENDMENT TO THE SO LID WASTE AND RECYCLING
COLLECTION FRANCHISE AGREEMENT/WASTE MANAGEMENT,
INC. OF FLORIDA: Consider approval of the Fifth Amendment to the Solid Waste
and Recycling Collection Franchise Agreement with Waste Management, Inc. of
Florida. (Motion to approve; Approved, 3-2. Commissioner Carney and Commissioner Jacquet
dissenting)
C. CHARTER REVIEW COMM ITTEE FINAL REPORT: Provide direction on
proposed changes to the City’s charter as recommended by the Charter Review
Committee. (Motion to have all five proposed ordinances move forward as a First Readings on
October 16, 2012 with Public Hearings on both first and second re adings; Denied, 3-2.
Commissioner Frankel and Co mmissioner Carney dissenting. The Final Consensus of the
Commission was to move all five ordinances to October 16, 2012 Regula r Meeting through the
normal process)
D. 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. (Motion to approve; Denied, 5-0)
E. AGREEMENT: DELRAY BEACH MARKETING COOPERATIVE (DBMC)
COMMUNITY REDEVELOPMENT AGENCY (CRA)/GREATER DELRAY
BEACH CHAMBER OF COMMERCE: Consider approval of an Agreement
between the City, Delray Beach Mark eting Cooperative (DBMC), Community
Redevelopment Agency (CRA) and the Greate r Delray Beach Chamber of Commerce,
to make the City the party responsible for financial aspects of First Night; and the
removal of the Downtown Development Authority (DDA). (Motion to postpone to the
October 16, 2012 Regular Meeting; Approved, 5-0)
F. MUNICIPAL LIEN SEARCH FEE INCREASE: Consider approval of an increase
to the municipal lien search fees. (Motion to approve with $65.00 for regular municipal lien
searches and $100.00 for rush munici pal lien searches; Approved, 5-0)
G. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD:
Appoint two (2) regular members to the Hist oric Preservation Board to serve two (2)
year terms ending August 31, 2014. Based upon the rotation system, the appointments
will be made by Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5).
(Appointed Reginald Cox and approved, 5-0; and appointed Annette Smith and approved, 5-0)
H. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1)
regular member to the Police Advisory Boar d to serve an unexpired term ending July
31, 2013. Based upon the rotation syst em, the appointment will be made by
Commissioner Frankel (Seat #3). (Appointed Linda Kidd and approved, 5-0)
09/20/2012
- 6 -
I. APPOINTMENTS TO THE GREEN IMPLEMENTATION
ADVANCEMENT BOARD: Appoint two (2) regular members to serve unexpired
terms ending July 31, 2014 and two (2) al ternate members to serve unexpired terms
ending July 31, 2013 to the Green Implementation Advancement Board. 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). (Appointed Joeven Valenzuela and ap proved, 5-0; Appointed Hilary Roche
and approved, 5-0; Appointed Michael Marcus and approved, 5-0 and appointed Giulia Pace
and approved, 5-0)
10. PUBLIC HEARINGS:
A. RESOLUTION NO. 47-12 (FINAL MILLAGE LEVY): A resolution 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 (Motion to approve; Approved, 5-0)
B. RESOLUTION NO. 48-12 (MILLAGE LEVY/DDA): A resolution levying a tax
on all properties within the Downtown Deve lopment Authority Taxing District of the
City of Delray Beach for FY 2013. (Motion to approve; Approved, 5-0)
C. RESOLUTION NO. 49-12 (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 Resolution No. 49-12 with the caveat of closing the Delray Swim and
Tennis Center pool; Approved, 3-2. Commissioner Frankel and Mayor McDuffie dissenting)
1. APPROVAL OF FIVE YEAR CA PITAL IMPROVEMENT PLAN:
Accept the Planning and Zoning Board’s finding that the proposed Five Year
Capital Improvement Plan for FY 2012-13 through FY 2016-17 and FY 2013
Capital Improvement Budget are consistent with the Comprehensive Plan.
(Motion to approve; Approved, 5-0)
D. 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 Section35.089, “Definitions”, to amend the definition of “Employee” to
include certain previously excluded positions. (Motion to approve; Approved, 4-1.
Commissioner Jacquet dissenting)
E. 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. (Motion to approve; Approved, 4-1. Commissioner Jacquet dissenting)
09/20/2012
- 7 -
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. 29-12: Consider a request for historic designation of an
individual site known as the “Waters-Wellenbrink Residence”, located at 1108 Vista Del
Mar Drive North to be listed in the Local Regis ter of Historic Places. If passed, a public
hearing will be held on October 2, 2012. (Motion to approve; Approved, 5-0)
B. ORDINANCE NO. 33-12: Consider an amendment to Chapter 37, “Delray Beach
Code Enforcement”, by amending Section 37 .42, “Administrative Fines; Costs of
Repair, Liens”, to increase the fines for noise violations as defined in Section 99.03. If
passed, a public hearing will be held on October 2, 2012. (Motion to approve; Approved,
5-0)
C. ORDINANCE NO. 34-12: Consider an amendment to Chapter 99, “Noise Control”,
by amending Section 99.03, “Loud and Unnecessary Noises Prohibited”, to clarify same,
by amending Section 99.08, “Penalty”, to in crease the fines for noise violations. If
passed, a public hearing will be held on October 2, 2012. (Motion to approve; Approved,
5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: SEPTE MBER 14, 2012
****** Meeting adjourned at 9:05 p.m. ******