10-16-12 Agenda Results Regular MeetingMicrosoft Word - 10-16-12 Agenda Results Regular Meeting.doc
City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** City Commission Meeting Tuesday, October 16, 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
10/16/2012 -2 -1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor McDuffie noted Item 8.H., Amendment No. 1 to Agreement with Commerce Bank,
N.A., was moved to the Regular Agenda as Item 10.A.A.A.; Item 8.I., Amendment No. 2 to the Players International Management, Inc. (PIM) Agreement, was moved to the Regular Agenda as
10.A.A.A.A.; Item 8.J., Amendment No. 4 to the Agreement/Match Point, Inc., was moved to the Regular Agenda as Item 10.A.A.; Item 8.L., Agreements between CareHere, LLC., The Town of
Highland Beach and the City of Delray Beach/Employee Health and Wellness Center, was moved to the Regular Agenda as Item 10.A.A.A.A.A. Approved as amended, 5-0. Motion to reconsider
the approved agenda as amended, 5-0. Motion to move Item 8.P.6., Purchase Award/Martin Fence Company to the Regular Agenda as Item 10.A.A.A.A.A.A. 5-0. Motion to approve as amended,
5-0). 5. APPROVAL OF MINUTES: A. September 20, 2012 – Regular Meeting (Approved, 5-0) B. September 24, 2012 – Workshop Meeting (Approved, 5-0) 6. PROCLAMATIONS: A. Breast Cancer Awareness
Month – October 2012 B. Delray Reads Day! – November 8, 2012 7. PRESENTATIONS: A. Presentation by the Delray Beach Youth Council recognizing Florida City Government Month – October 2012
B. Recognizing and commending Delray 21 for their contributions and outstanding work at Atlantic Community High School (Motion to postpone to the November 6, 2012 Regular Meeting; Approved,
5-0) 8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0) A. FINAL SUBDIVISION PLAT APPROVAL/10TH AND 10TH CENTER: Approve a final subdivision plat for 10th
and 10th Center, for a new neighborhood commercial development located at the southeast corner of S.W. 10th Street and S.W. 10th Avenue. B. ACCEPTANCE OF A WATER EASEMENT DEED/ROSEAIRE
RETREAT: Approve and accept an exclusive water easement deed for Roseaire Retreat located at 14281 Gallagher Road.
10/16/2012 -3 -C. ACCEPTANCE OF A HOLD HARMLESS AGREEMENT/622-A S.E. 5TH STREET: Approve a Hold Harmless Agreement with Marc Julien Homes to install pervious pavers in the right-of-way
on S.E. 5th Street for property at 622-A S.E. 5th Street. D. ACCEPTANCE OF A HOLD HARMLESS AGREEMENT/622-B S.E. 5TH STREET: Approve a Hold Harmless Agreement with Marc Julien Homes to
install pervious pavers in the right-of-way on S.E. 5th Street for property at 622-B S.E. 5th Street. E. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING OF CONSTRUCTION/PROFESSIONAL
SERVICES: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) for the funding of construction costs and professional services for certain projects as listed
on Exhibit “A” attached to the Agreement for FY 2012-2013. F. ACCEPT GRANT AWARD/ALTERNATIVE WATER SUPPLY GRANT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Approve accepting an
award in the amount of $170,000.00 for a SFWMD Alternative Water Supply grant to provide supplementary funding for the Area 12APhase 1 Reclaimed Water System expansion project. G. LANDSCAPE
MAINTENANCE AGREEMENT/605 ANDREWS AVENUE: Approve a landscape maintenance agreement with Audrey Flannery to install and maintain landscaping within the public right-of-way for the property
located at 605 Andrews Avenue. H. (MOVED TO ITEM 10.A.A.A. ON THE REGULAR AGENDA) I. (MOVED TO ITEM 10.A.A.A.A. ON THE REGULAR AGENDA) J. (MOVED TO ITEM 10.A.A. ON THE REGULAR AGENDA)
K. RATIFICATION TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of Mr. Gerald Franciosa as the regular representative on the Planning & Zoning Board to the
Parking Management Advisory Board for an unexpired term ending July 31, 2013. L. (MOVED TO ITEM 10.A.A.A.A.A. ON THE REGULAR AGENDA)
10/16/2012 -4 -M. SPECIAL EVENT REQUEST/5TH ANNUAL DOWNTOWN DELRAY BEACH CRAFT FESTIVAL: Approve a special event request for the 5th Annual Downtown Delray Beach Craft Festival sponsored
by Howard Alan Events, Ltd. to be held on December 29-30, 2012 from 10:00 a.m. to 5:00 p.m., granting a temporary use permit per LDR Section 2.4.6(F) for use of N.E./S.E. 4th Avenue,
two blocks north/south of Atlantic Avenue as well as use of the north end of Hand’s parking lot for vendor parking; authorize staff support for security and traffic control, fire inspection
services, and permit an event sign to be erected on Atlantic Avenue just east of I-95 fourteen (14) days prior to the event with the sponsor responsible for 100% of City costs, plus
a 5% administrative fee for an estimated total of $3,433.50. N. SPECIAL EVENT REQUEST/TWILIGHT BICYCLE RACE AND FESTIVAL: Approve a special event request for the Delray Beach Twilight
Bicycle Race, sponsored by RAC Event Productions to be held on March 22, 2013 from 10:00 a.m. to 10:00 p.m., and March 23, 2013 from 6:00 a.m. to 10:00 p.m.; grant a temporary use permit
per LDR Section 2.4.6(F) for closure and use of the bike race route noted in the staff report from approximately 4:00 p.m. to 10:00 p.m. on Saturday, March 23, 2013 and use of Old School
Square Park and Worthing Park; and authorize staff support for traffic control and security, EMS assistance, barricade assistance, fire inspection services, and event signage; contingent
upon the conditions of approval listed in the staff report. The event sponsor is responsible for 100% of City costs, plus 5% administrative fee for an estimated total of $16,840.00.
O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 1, 2012 through October 12, 2012.
P. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Midnight Sun Tours, Inc./Horizon Coach Lines in an estimated annual cost of $53,320.00 for bus rental and driver service for the Parks
and Recreation Department for the Youth Football Program, Summer Day Camp, Holiday Day Camp, Special Events, Sports & Dance Competition and Overnight/Weekend Trips. Funding is available
from multiple Parks and Recreation Department accounts. 2. Contract award to Special Products Group (SPG) in the annual estimated amount of $68,850.00 for uniform procurement for Fire-Rescue
Department personnel. Funding is available from 001-2315-526-52.22 (General Fund: Operating Supplies/Uniforms/Linen Service), 001-2311-522-52.22 (General Funds: Operating Supplies/Uniforms/Linen
Service) 001-2313-522-52.22 (General Fund: Operating Supplies/Uniforms/Linen Service) and 001-2317-522-52.22 (General Fund: Operating Supplies/Uniforms/Linen Service).
10/16/2012 -5 -3. Contract award to Zoll Medical Corporation to renew the extended warranty and semi-annual preventive maintenance contract and provide guaranteed repair coverage for
seventeen (17) 12 Lead EKG Monitor/Defibrillators in the amount of $24,195.25 and seven (7) Auto Pulse units in the amount of $3,150.00. Funding is available from 001-2315-526-46.20
(General Fund: Repair & Maintenance Services/Equipment Maintenance) and 001-2313-522-46.20 (General Fund: Repair & Maintenance Services/Equipment Maintenance). 4. Purchase award to the
Dumont Company, Inc. in the amount of $49,000.00 for the purchase and delivery of Sodium Hypochlorite on an “as needed” basis to remote booster station locations. Funding is available
from 441-5123-536.52-21 (Water and Sewer Fund: Operating Supplies/Chemicals). 5. Purchase award to Line Tec, Inc., in the amount of $55,000.00 for the Water Service Relocations Project
and Fire Hydrant Flow Testing. Funding is available from 442-5178-536-49.33 (Water and Sewer Renewal & Replacement Fund: Other Current Charges/OB/Water Service Relocation) and 441-5123-536-34.90
(Water and Sewer Fund: Other Contractual Services). 6. (MOVED TO ITEM 10.A.A.A.A.A.A. ON THE REGULAR AGENDA) 7. Purchase award to Otto Waste Systems, as a sole source provider, in the
amount of $50,000.00 for purchase of hot stamped garbage carts, lids and wheels to be ordered “as needed”. Funding is available from 433-3711-534-49.35 (Sanitation Fund: Other Current
Charges/Cart Renewal & Replacement). 8. Purchase award to Specialty Vehicles in an amount not to exceed $462,210.00, for three (3) trolley style vehicle to be used to operate the City’s
transportation service. Funding is available from 334-6111-545-64.20 (General Construction Fund: Machinery/Equipment/Automobile). 9. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC-IMMEDIATELY FOLLOWING CONSENT AGENDA. A. City Manager's response to prior public comments and inquiries. B. From the Public. 10. REGULAR AGENDA: AA. AMENDMENT NO. 4 TO THE AGREEMENT
/MATCH POINT, INC.: Approve Amendment No. 4 to the Agreement between the City and Match Point Inc. to reduce the number of players required for the Champions Tour Event from eight (8)
to six (6). (Motion to approve a one (1) year contract; Approved, 5-0)
10/16/2012 -6 -A.A.A. AMENDMENT NO. 1 TO AGREEMENT WITH COMMERCE BANK, N.A.: Approve Amendment No. 1 to our Agreement with Commerce Bank for ControlPay Advanced (CPA), an accounts payable
solution that replaces paper checks with electronic payments through the Visa Network, to increases the percentage used in calculating the monthly revenue share for the City. (Motion
to approve; Approved, 5-0) A.A.A.A. AMENDMENT NO. 2 TO THE PLAYERS INTERNATIONAL MANAGEMENT, INC. (PIM) AGREEMENT: Approve Amendment No. 2 to the Agreement between the City and Players
International Management, Inc. (PIM) to provide for a change of the time periods when the events may be held and a clarification on the type of events required and the penalty if they
fail to televise or hold an event. (Motion to approve; Approved, 5-0) A.A.A.A.A. AGREEMENTS BETWEEN CAREHERE, LLC., THE TOWN OF HIGHLAND BEACH AND THE CITY OF DELRAY BEACH/EMPLOYEE HEALTH
AND WELLNESS CENTER: Approve Agreements between CareHere, LLC., the City of Delray Beach and the Town of Highland Beach to allow full-time Highland Beach police officers shared limited
medical services at the Employee Health and Wellness Center. (Motion to approve; Approved, 5-0) A.A.A.A.A.A. Purchase award to Martin Fence Company in the amount of $50,000.00 to remove
existing 4' fence and replace with 6' green chain link fence on Pompey Park Fields #1, 2 and 3, and installation of an 8' wide x 90' long canopy over the backstop at Field #1. Funding
is available from 334-4127-572-46.15 (General Construction Fund: Repair & Maintenance Services/Improvements-Other Repair & Maintenance). (Motion to postpone to the November 6, 2012 Regular
Meeting; Approved, 5-0) A. WAIVER REQUEST/290 S.E. 6TH AVENUE: Consider a waiver request to Land Development Regulations (LDR) Section 4.4.13(F)(7)(a), “Rear Setbacks”, to reduce the
required rear setback to zero feet (0’) from the required ten feet (10’), in association with the installation of a wing wall for 290 S.E. 6th Avenue. (Quasi-Judicial Hearing) (Motion
to adopt board order as presented; Approved, 5-0) B. RELOCATION OF THE CHAMBER OF COMMERCE: Provide direction regarding the relocation of the Chamber of Commerce. (Consensus of the Commission
to relocate the Chamber of Commerce) C. MODIFICATION TO PARKING LICENSE AGREEMENTS: Consider a request by the Parking Management Advisory Board (PMAB) to modify the valet parking license
agreements to mandate licensees to validate 50% of the parking fee for customers patronizing their establishments. (Motion to approve modification to the Parking License Agreements;
Denied, 3-2. Commissioner Jacquet and Commissioner Carney dissenting)
10/16/2012 -7 -D. VISIONS 2020 PROCESS APPOINTMENTS AND RATIFICATION OF THE STEERING COMMITTEE/VISIONS 2020: Consider approval of the recommended list of appointments as submitted by
the Commission to serve as the Visions 2020 Steering Committee and appoint the City Commission representative. (Motion to approve the recommended list of appointments with Butch Johnson
and David Cook being added; Commissioner Carney appointed as the City Commission representative. Approved, 5-0) E. STATE LOBBYING SERVICES: Consider the selection of a firm for State
Lobbying Services. (Consensus of the Commission for staff to keep the current firms for State Lobbying and provide additional information on Federal Lobbying at the November 13, 2012
Workshop Meeting) F. 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 Marc Muscarella and approved, 5-0) G. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint two (2) student members to the Neighborhood Advisory Council to serve unexpired terms ending July 31, 2013. Based on the rotation system, the appointments will be made by Mayor
McDuffie (Seat #5) and Commissioner Carney (Seat #1). (Appointed Nathaniel Ellis and approved, 5-0; appointed Elisha Porter and approved, 5-0) 11. PUBLIC HEARINGS: A. ORDINANCE NO. 40-12
(FIRST READING/FIRST PUBLIC HEARING): Consider a city-initiated amendment to the Land Development Regulations (LDR) Section 4.3.3 (ZZZ), “Transient Residential Use”, in order to clarify
prohibitions, exemptions/exceptions, waivers, and penalties; and amend Appendix “A”, “Definitions”, the definition of “Transient Residential Use”. If passed, a public hearing will be
held on November 6, 2012. (Motion to approve; Approved, 5-0) B. 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. (Motion to approve; Approved, 5-0) C. 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. (Motion to approve; Approved, 4-1. Commissioner Jacquet dissenting) D. 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. (Motion to approve; Approved, 4-1. Commissioner
Jacquet dissenting)
10/16/2012 -8 -E. ORDINANCE NO. 35-12: Consider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Section 3.04, “Assumption of Office;
Organizational Meeting”, Section 3.05, “Oath of Office”, Section 3.08, “Vacancies; Filling of Vacancies”, Subsection (B), “Vacancy in Office of Mayor”, Section 4.02, “Appointment; Removal;
Compensation”, Subsection (C), “Replacement”; Section 4.05, “Budget Procedure”, Subsection (D), “Public Hearing”, Subsection (E), “Budget Adoption/Appropriations”, Subsection I, “Audit”,
Section 5.04, “Elections Generally”, Subsection (B), “Highest Number of Votes to Elect in First Nonpartisan Election”, Subsection (D), “If No Person Qualifies”; Section 6.05, “Procedure
for Filing”, Subsection (A), “Certificate of City Clerk; Amendment”; to clarify, correct grammatical errors, and to enhance the Charter's readability; providing for a referendum election
to be held on March 12, 2013. (Motion to approve; Approved, 5-0) F. ORDINANCE NO. 36-12: Consider calling for a referendum on proposed revisions to the Charter of the City of Delray
Beach to amend Section 3.02, “City Commission: Composition, Eligibility, Election, and Terms”; amending Section 5.02, “Types of Elections”; to provide for a change in the length of a
term from a two-year term to a three-year term, but not extending the maximum number of consecutive years a Commissioner or Mayor is allowed to serve; providing for a referendum on March
12, 2013. (Motion to approve; Approved, 4-1. Commissioner Jacquet dissenting) G. ORDINANCE NO. 37-12: Consider calling for a referendum on proposed revisions to the Charter of the City
of Delray Beach to amend Section 4.02, “Appointment; Removal; Compensation”, by amending Subsection (B), “Removal” ; to provide that the removal of the City Manager shall only require
a majority vote; providing for a referendum on March 12, 2013. (Motion to approve; Denied, 3-2. Commissioner Carney and Commissioner Frankel dissenting) H. ORDINANCE NO. 38-12: Consider
calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Section 3.09, “Term Limits”, Subsection (A), “Term Limit”; to provide that the maximum
time period allowed to hold office, six (6) years, shall not apply in the case of a Commissioner who assumes the office of Mayor, in that case the time spent holding office as a Commissioner
shall not count toward the six (6) year maximum time limit; providing for a referendum on March 12, 2013. (Motion to approve; Approved, 3-2. Commissioner Jacquet and Commissioner Gray
dissenting) I. ORDINANCE NO. 39-12: Consider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Section 4.02, “Appointment; Removal; Compensation”,
by amending Subsection (D), “Compensation”; to provide for the removal of the Charter prohibition on reducing the City Manager’s Salary; providing for a referendum on March 12, 2013.
(Motion to approve; Approved, 3-2. Mayor McDuffie and Commissioner Gray dissenting) 12. FIRST READINGS: A. None
10/16/2012 -9 -13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: OCTOBER 12, 2012 ****** Meeting adjourned at 10:15 p.m. ******
10/16/2012
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1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor McDuffie noted Item 8.H., Amendment No. 1 to Agreement with
Commerce Bank, N.A., was moved to the Regular Agenda as Item 10.A.A.A.; Item 8.I., Amendment
No. 2 to the Players International Management, Inc. (PIM) Agreement, was moved to the Regular
Agenda as 10.A.A.A.A.; Item 8.J., Amendment No. 4 to the Agreement/Match Point, Inc., was moved
to the Regular Agenda as Item 10.A.A.; Item 8.L ., Agreements between CareHere, LLC., The Town of
Highland Beach and the City of Delray Beach/Employee Health and Wellness Center, was moved to the
Regular Agenda as Item 10.A.A.A.A.A. Approved as amended, 5-0. Motion to reconsider the approved
agenda as amended, 5-0. Motion to move Item 8.P.6., Purchase Award/Martin Fence Company to the
Regular Agenda as Item 10.A.A.A.A.A.A. 5-0. Motion to approve as amended, 5-0).
5. APPROVAL OF MINUTES:
A. September 20, 2012 – Regular Meeting (Approved, 5-0)
B. September 24, 2012 – Workshop Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Breast Cancer Awareness Month – October 2012
B. Delray Reads Day! – November 8, 2012
7. PRESENTATIONS:
A. Presentation by the Delray Beach Youth Council recognizing Florida City Government
Month – October 2012
B. Recognizing and commending Delray 21 for their contributions and outstanding work
at Atlantic Community High School (Motion to postpone to th e November 6, 2012 Regular
Meeting; Approved, 5-0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. FINAL SUBDIVISION PLAT APPROVAL/10 TH AND 10 TH CENTER: Approve
a final subdivision plat for 10 th and 10 th Center, for a new neighborhood commercial
development located at the southeast corner of S.W. 10 th Street and S.W. 10 th Avenue.
B. ACCEPTANCE OF A WATER EASEMENT DEED/ROSEAIRE RETREAT:
Approve and accept an exclusive water easeme nt deed for Roseaire Retreat located at
14281 Gallagher Road.
10/16/2012
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C. ACCEPTANCE OF A HOLD HARM LESS AGREEMENT/622-A S.E. 5 TH
STREET: Approve a Hold Harmless Agreement with Marc Julien Homes to install
pervious pavers in the right-of-way on S.E. 5 th Street for property at 622-A S.E. 5 th
Street.
D. ACCEPTANCE OF A HOLD HARMLESS AGREEMENT/622-B S.E. 5 TH
STREET: Approve a Hold Harmless Agreement with Marc Julien Homes to install
pervious pavers in the right-of-way on S.E. 5 th Street for property at 622-B S.E. 5 th
Street.
E. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY FOR FUNDING OF CONSTRUCTION/PROFESSIONAL
SERVICES: Approve an Interlocal Agreemen t with the Community Redevelopment
Agency (CRA) for the funding of constructi on costs and professional services for
certain projects as listed on Exhibit “A” a ttached to the Agreement for FY 2012-2013.
F. ACCEPT GRANT AWARD/ALTERNATIVE WATER SUPPLY
GRANT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(SFWMD): Approve accepting an award in th e amount of $170,000.00 for a SFWMD
Alternative Water Supply grant to provide supplementary funding for the Area 12A-
Phase 1 Reclaimed Water System expansion project.
G. LANDSCAPE MAINTENANCE AGREEMENT/ 605 ANDREWS AVENUE:
Approve a landscape maintenance agreement with Audrey Flannery to install and
maintain landscaping within the public right-of-way for the property located at 605
Andrews Avenue.
H. (MOVED TO ITEM 10.A.A.A. ON THE REGULAR AGENDA)
I. (MOVED TO ITEM 10.A.A.A.A. ON THE REGULAR AGENDA)
J. (MOVED TO ITEM 10.A.A. ON THE REGULAR AGENDA)
K. RATIFICATION TO THE PARKING MANAGEMENT ADVISORY
BOARD: Approve and ratify the appointment of Mr. Gerald Franciosa as the regular
representative on the Planning & Zoning Bo ard to the Parking Management Advisory
Board for an unexpired term ending July 31, 2013.
L. (MOVED TO ITEM 10.A.A.A.A.A. ON THE REGULAR AGENDA)
10/16/2012
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M. SPECIAL EVENT REQUEST/ 5TH ANNUAL DOWNTOWN DELRAY
BEACH CRAFT FESTIVAL: Approve a special event request for the 5 th Annual
Downtown Delray Beach Craft Festival sponsor ed by Howard Alan Events, Ltd. to be
held on December 29-30, 2012 from 10:00 a.m. to 5:00 p.m., granting a temporary use
permit per LDR Section 2.4.6(F) for use of N.E./S.E. 4 th Avenue, two blocks
north/south of Atlantic Avenue as well as use of the north end of Hand’s parking lot
for vendor parking; authorize staff suppor t for security and traffic control, fire
inspection services, and permit an event sign to be erected on Atlantic Avenue just east
of I-95 fourteen (14) days prior to the ev ent with the sponsor responsible for 100% of
City costs, plus a 5% administrative fee for an estimated total of $3,433.50.
N. SPECIAL EVENT REQUEST/TWILIGHT BICYCLE RACE AND
FESTIVAL: Approve a special event request for the Delray Beach Twilight Bicycle
Race, sponsored by RAC Event Productions to be held on March 22, 2013 from 10:00
a.m. to 10:00 p.m., and March 23, 2013 fr om 6:00 a.m. to 10:00 p.m.; grant a temporary
use permit per LDR Section 2.4.6(F) for closure and use of the bike race route noted in
the staff report from approximately 4:00 p.m. to 10:00 p.m. on Saturday, March 23,
2013 and use of Old School Square Park and Worthing Park; and authorize staff
support for traffic control and security, EMS assistance, barricade assistance, fire
inspection services, and event signage; cont ingent upon the conditions of approval
listed in the staff report. The event sponsor is responsible for 100% of City costs, plus
5% administrative fee for an estimated total of $16,840.00.
O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
October 1, 2012 through October 12, 2012.
P. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Midnight Sun Tours, Inc./Horizon Coach Lines in an estimated
annual cost of $53,320.00 for bus rent al and driver service for the Parks and
Recreation Department for the Youth Football Program, Summer Day Camp,
Holiday Day Camp, Special Events, Sports & Dance Competition and
Overnight/Weekend Trips. Funding is available from multiple Parks and
Recreation Department accounts.
2. Contract award to Special Products Gr oup (SPG) in the annual estimated
amount of $68,850.00 for uniform pr ocurement for Fire-Rescue Department
personnel. Funding is available from 001-2315-526-52.22 (General Fund:
Operating Supplies/Uniforms/Linen Serv ice), 001-2311-522-52.22 (General
Funds: Operating Supplies/Uniforms/L inen Service) 001-2313-522-52.22
(General Fund: Operating Supplies/Uniforms/Linen Service) and 001-2317-
522-52.22 (General Fund: Operating Supplies/Uniforms/Linen Service).
10/16/2012
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3. Contract award to Zoll Medical Corporat ion to renew the extended warranty
and semi-annual preventive maintenance contract and provide guaranteed repair
coverage for seventeen (17) 12 Lead EKG Monitor/Defibrillators in the
amount of $24,195.25 and seven (7) Auto Pulse units in the amount of
$3,150.00. Funding is available from 001-2315-526-46.20 (Gen eral Fund: Repair
& Maintenance Services/Equipment Ma intenance) and 001-2313-522-46.20
(General Fund: Repair & Maintenance Services/Equipment Maintenance).
4. Purchase award to the Dumont Company, Inc. in the amount of $49,000.00 for
the purchase and delivery of Sodium Hy pochlorite on an “as needed” basis to
remote booster station locations. Funding is available from 441-5123-536.52-21
(Water and Sewer Fund: Operating Supplies/Chemicals).
5. Purchase award to Line Tec, Inc., in the amount of $55,000.00 for the Water
Service Relocations Project and Fire Hydrant Flow Testing. Funding is available
from 442-5178-536-49.33 (Water and Sewer Renewal & Replacement Fund:
Other Current Charges/OB/Water Service Relocation) and 441-5123-536-34.90
(Water and Sewer Fund: Other Contractual Services).
6. (MOVED TO ITEM 10.A.A.A.A.A.A. ON THE REGULAR AGENDA)
7. Purchase award to Otto Waste Systems, as a sole source provider, in the amount
of $50,000.00 for purchase of hot stampe d garbage carts, lids and wheels to be
ordered “as needed”. Funding is availabl e from 433-3711-534-49.35 (Sanitation
Fund: Other Current Charges/Cart Renewal & Replacement).
8. Purchase award to Specialty Vehicles in an amount not to exceed $462,210.00,
for three (3) trolley style vehicle to be used to operate the City’s transportation
service. Funding is available from 33 4-6111-545-64.20 (G eneral Construction
Fund: Machinery/Equipment/Automobile).
9. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING CONSENT AGENDA.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
10. REGULAR AGENDA:
AA. AMENDMENT NO. 4 TO THE AGR EEMENT /MATCH POINT, INC.:
Approve Amendment No. 4 to the Agreemen t between the City and Match Point Inc.
to reduce the number of players required fo r the Champions Tour Event from eight (8)
to six (6). (Motion to approve a one (1) year contract; Approved, 5-0)
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A.A.A. AMENDMENT NO. 1 TO AGREEM ENT WITH COMMERCE BANK, N.A.:
Approve Amendment No. 1 to our Agreem ent with Commerce Bank for ControlPay
Advanced (CPA), an accounts payable so lution that replaces paper checks with
electronic payments through the Visa Network, to increases the percentage used in
calculating the monthly revenue share for the City. (Motion to approve; Approved, 5-0)
A.A.A.A. AMENDMENT NO. 2 TO THE PLAYERS INTERNATIONAL
MANAGEMENT, INC. (PIM) AGREEMENT: Approve Amendment No. 2 to the
Agreement between the City and Players In ternational Management, Inc. (PIM) to
provide for a change of the time periods when the events may be held and a clarification
on the type of events required and the penalty if they fail to televise or hold an event.
(Motion to approve; Approved, 5-0)
A.A.A.A.A. AGREEMENTS BETWEEN CAREHERE, LLC., THE TOWN OF
HIGHLAND BEACH AND THE CITY OF DELRAY BEACH/EMPLOYEE
HEALTH AND WELLNESS CENTER: Approve Agreements between CareHere,
LLC., the City of Delray Beach and the Town of Highland Beach to allow full-time
Highland Beach police officers shared limited medical services at the Employee Health
and Wellness Center. (Motion to approve; Approved, 5-0)
A.A.A.A.A.A. Purchase award to Martin Fence Company in the amount of $50,000.00 to remove
existing 4' fence and replace with 6' green chain link fence on Pompey Park Fields #1, 2
and 3, and installation of an 8' wide x 90' long canopy over the backstop at Field #1.
Funding is available from 334-4127-572-4 6.15 (General Construction Fund: Repair &
Maintenance Services/ Improvements - Other Repair & Maintenance). (Motion to
postpone to the November 6, 2012 Regular Meeting; Approved, 5-0)
A. WAIVER REQUEST/290 S.E. 6 TH AVENUE: Consider a waiver request to Land
Development Regulations (LDR) Section 4.4.13(F)(7)(a), “Rear Setbacks”, to reduce the
required rear setback to zero feet (0’) from th e required ten feet (10’), in association with
the installation of a wing wall for 290 S.E. 6 th Avenue. (Quasi-Judicial Hearing)
(Motion to adopt board order as presented; Approved, 5-0)
B. RELOCATION OF THE CHAMBER OF COMMERCE: Provide direction
regarding the relocation of the Chamber of Commerce. (Consensus of the Commission to
relocate the Chamber of Commerce)
C. MODIFICATION TO PARKING LICENSE AGREEMENTS: Consider a
request by the Parking Mana gement Advisory Board (PMAB) to modify the valet
parking license agreements to mandate licensees to validate 50% of the parking fee for
customers patronizing their establishments. (Motion to approve modification to the Parking
License Agreements; Denied, 3-2. Commissione r Jacquet and Commissi oner Carney dissenting)
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D. VISIONS 2020 PROCESS APPOINTMENTS AND RATIFICATION OF THE
STEERING COMMITTEE/VISIONS 2020: Consider approval of the
recommended list of appointments as submitted by the Commission to serve as the
Visions 2020 Steering Committee and appoi nt the City Commission representative.
(Motion to approve the recommended list of appointments with Butch Johnson and David
Cook being added; Commissioner Carney appointed as the City Commission representative.
Approved, 5-0)
E. STATE LOBBYING SERVICES: Consider the selection of a firm for State
Lobbying Services. (Consensus of the Commission for staff to keep the current firms for State
Lobbying and provide addition al information on Federal Lobb ying at the November 13, 2012
Workshop Meeting)
F. 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 syst em, the appointment will be made by
Commissioner Frankel (Seat #3). (Appointed Marc Muscarella and approved, 5-0)
G. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint two (2) student members to the Neighborhood Advisory Council to serve
unexpired terms ending July 31, 2013. Ba sed on the rotation system, the appointments
will be made by Mayor McDuffie (Seat #5) and Commissioner Carney (Seat #1).
(Appointed Nathaniel Ellis and approved, 5-0; appointed Elis ha Porter and approved, 5-0)
11. PUBLIC HEARINGS:
A. ORDINANCE NO. 40-12 (FIRST READING/FIRST PUBLIC HEARING):
Consider a city-initiated amendment to the Land Development Regulations (LDR)
Section 4.3.3 (ZZZ), “Transient Residentia l Use”, in order to clarify prohibitions,
exemptions/exceptions, waivers, and pe nalties; and amend Appendix “A”,
“Definitions”, the definition of “Transient Re sidential Use”. If passed, a public hearing
will be held on November 6, 2012. (Motion to approve; Approved, 5-0)
B. 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. (Motion to
approve; Approved, 5-0)
C. 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 noi se violations as defined in Section 99.03.
(Motion to approve; Approved, 4-1. Commissioner Jacquet dissenting)
D. 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. (Motion
to approve; Approved, 4-1. Commissioner Jacquet dissenting)
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E. ORDINANCE NO. 35-12: Consider calling for a referendum on proposed revisions
to the Charter of the City of Delray Beac h to amend Section 3.04, “Assumption of
Office; Organizational Meeting”, Secti on 3.05, “Oath of Office”, Section 3.08,
“Vacancies; Filling of Vacancies”, Subsecti on (B), “Vacancy in Office of Mayor”,
Section 4.02, “Appointment; Removal; Compensation”, Subsection (C), “Replacement”;
Section 4.05, “Budget Procedure”, Subsection (D), “Public Hearing”, Subsection (E),
“Budget Adoption/Appropriations”, Subsection I, “Audit”, Section 5.04, “Elections
Generally”, Subsection (B), “Highest Number of Votes to Elect in First Nonpartisan
Election”, Subsection (D), “If No Person Qualifies”; Section 6.05, “Procedure for
Filing”, Subsection (A), “Certificate of City Clerk; Amendment”; to clarify, correct
grammatical errors, and to enhance the Charter's readability; providing for a referendum
election to be held on March 12, 2013. (Motion to approve; Approved, 5-0)
F. ORDINANCE NO. 36-12: Consider calling for a referendum on proposed revisions
to the Charter of the City of Delray Beach to amend Section 3.02, “City Commission:
Composition, Eligibility, Election, and Term s”; amending Section 5.02, “Types of
Elections”; to provide for a change in the le ngth of a term from a two-year term to a
three-year term, but not ex tending the maximum number of consecutive years a
Commissioner or Mayor is allowed to serve; providing for a referendum on March 12,
2013. (Motion to approve; Approved, 4-1. Commissioner Jacquet dissenting)
G. ORDINANCE NO. 37-12: Consider calling for a referendum on proposed revisions
to the Charter of the City of Delray Be ach to amend Section 4.02, “Appointment;
Removal; Compensation”, by amending Subsecti on (B), “Removal” ; to provide that the
removal of the City Manager shall only require a majority vote; providing for a
referendum on March 12, 2013. (Motion to approve; Denied, 3-2. Commissioner Carney and
Commissioner Frankel dissenting)
H. ORDINANCE NO. 38-12: Consider calling for a referendum on proposed revisions
to the Charter of the City of Delray Be ach to amend Section 3.09, “Term Limits”,
Subsection (A), “Term Limit”; to provide that the maximum time period allowed to
hold office, six (6) years, shall not apply in the case of a Commissioner who assumes the
office of Mayor, in that case the time sp ent holding office as a Commissioner shall not
count toward the six (6) year maximum time limit; providing for a referendum on
March 12, 2013. (Motion to approve; Approved, 3-2. Commissioner Jacquet and
Commissioner Gray dissenting)
I. ORDINANCE NO. 39-12: Consider calling for a referendum on proposed revisions
to the Charter of the City of Delray Be ach to amend Section 4.02, “Appointment;
Removal; Compensation”, by amending Subsection (D), “Compensation”; to provide
for the removal of the Charter prohibiti on on reducing the City Manager’s Salary;
providing for a referend um on March 12, 2013. (Motion to approve; Approved, 3-2. Mayor
McDuffie and Commissioner Gray dissenting)
12. FIRST READINGS:
A. None
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13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: OCTOBER 12, 2012
****** Meeting adjourned at 10:15 p.m. ******