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11-06-12 Agenda Results Regular MeetingMicrosoft Word - 11-06-12 Agenda Results Regular Meeting.doc City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** City Commission Meeting Tuesday, November 6, 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 11/06/2012 -2 -1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor McDuffie noted Item 7.C., Presentation of Match Point Trophy to the City of Delray Beach was removed; there was updated information on the dais for Item 8.A., Acceptance of a Water Easement Deed/South Delray Shopping Center; Item 8.J., Agreement: Delray Beach Marketing Cooperative (DBMC)/Community Redevelopment Agency (CRA)/Greater Delray Beach Chamber of Commerce was moved to the Regular Agenda as Item 10.A.A.; Item 8.O., Special Event Request/Tree Lighting and On the Avenue was moved to the Regular Agenda as Item 10.A.A.A.; there was additional information on the dais for Item 8.Q.6., Purchase Award/Pompey Park Fence Replacement. Approved as amended, 5-0) 5. APPROVAL OF MINUTES: A. October 2, 2012 – Regular Meeting (Approved, 5-0) 6. PROCLAMATIONS: A. Recognizing and commending Mercer Wenzel B. America Recycles Day – November 15, 2012 7. PRESENTATIONS: A. RESOLUTION NO. 53-12: Approve Resolution No. 53-12 recognizing and commending Ray Colgin for 30 years of dedicated service to the City of Delray Beach. (Approved, 5-0) B. Recognizing and commending Delray 21, Saxena & White, P.A., The Related Group and Ocean Properties, Ltd. for their contributions and outstanding work to procure uniforms for the Atlantic Community High School Football Team C. Presentation of Match Point Trophy to the City of Delray Beach (REMOVED) D. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation 8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0) A. ACCEPTANCE OF A WATER EASEMENT DEED/SOUTH DELRAY SHOPPING CENTER: Approve and accept a water easement deed for South Delray Shopping Center located at 3001 S. Federal Highway. 11/06/2012 -3 -B. ACCEPTANCE OF A WATER UTILITY EASEMENT/ALFIERI-DELRAY BEACH COMMONS, LLC.: Approve acceptance of a water utility easement with Alfieri-Delray Beach Commons, LLC for Spodak Dental Office located at 4665 West Atlantic Avenue. C. SERVICE AUTHORIZATION NO. 12-01/WANTMAN GROUP, INC.: Approve Service Authorization No. 12-01 with Wantman Group, Inc. in the amount of $17,987.00 for data collection and analysis as well as a review of the City’s Land Development Regulations (LDR) related to drainage requirements. Funding is available from 448-5461-538-31.30 (Storm Water Utility Fund: Professional Services/Engineering/Architect). D. GRANT AWARD/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): WATER SAVINGS INCENTIVE PROGRAM (WSIP): Accept a grant award for a Water Savings Incentive Program (WSIP) from the South Florida Water Management District (SFWMD) in the amount of $35,945.00 for purchase and installation of automatic water main flushing devices. E. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/WEST CONSTRUCTION, INC.: Approve a Contract Closeout (Change Order No. 1/Final) in the amount of a $6,067.95 decrease and final payment in the amount of $10,622.05 to West Construction, Inc. for the completion of the Delray Beach Heights Swales Project. Funding is available from 448-5461-538-65.41 (Storm Water Utility Fund: Other Improvements/Swale Reconstruction). F. AMENDMENT NO. 2 TO THE INTERLOCAL AGREEMENT/PALM BEACH COUNTY FOR AUBURN AVENUE: Approve Amendment No. 2 to the Interlocal Agreement with Palm Beach County for reimbursement to the City in the amount of $1,000,000.00 for costs associated with improvements along Auburn Avenue. G. AGREEMENT/ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES (ACCF): Approve an agreement between the City of Delray Beach and Achievement Centers for Children and Families (ACCF) in the amount of $52,000.00 to carry out services at the Village Academy Beacon Center for FY 2012-2013. Funding is available from 001-4111-572-83.01 (General Fund: Other Grants & Aid). H. AGREEMENT FOR PUBLIC ART CONSULTING SERVICES/PALM BEACH COUNTY: Approve an agreement for Public Art Consulting Services with Palm Beach County at an estimated cost of $25,000.00 plus reimbursable expenses. Funding is available from 115-1702-579-31.90 (Special Projects Fund: Professional Services/Other Professional Services). I. MAINTENANCE AGREEMENT/CONTROL COMMUNICATIONS, INC.: Approve a Maintenance Agreement with Control Communications, Inc. in the amount of $26,040.00 for maintenance of the XTS3000 portable radios used by police officers. Funding is available from 001-2111-521-46.20 (General Fund: Repair & Maintenance Services/Equipment Maintenance). 11/06/2012 -4 -J. (MOVED TO ITEM 10.A.A. ON THE REGULAR AGENDA) K. TRAFFIC ENFORCEMENT AGREEMENT/CORAL TRACE HOMEOWNERS ASSOCIATION: Approve a Traffic Enforcement Agreement with Coral Trace Homeowners Association to allow the City of Delray Beach Police Department to enforce State and local traffic laws on the private roads of Coral Trace. L. AGREEMENT/ADVANCED PROCESSING & IMAGING (API), INC.: Approve an agreement with Advanced Processing & Imaging (API), Inc. in the amount of $58,782.00 for the purchase of electronic document management software for the Finance Department. Funding is available from 001-1511-513-66.10 (General Fund: Books/Publications/Software), 441-5161-536-64.11 (Water & Sewer Fund: Machinery/Equipment/Computer Equipment) and 441-5161-536-66.10 (Water & Sewer Fund: Books/Publications/Software). M. REQUEST FOR PROPOSALS (RFP)/COLLECTION SERVICES FOR PARKING FINES AND AMBULANCE BILLING: Approve the Selection Committee's ranking of responses for collection services for parking fines and ambulance billing; and authorize staff to enter into contract negotiations with the top ranked company, Penn Credit, Inc. N. SPECIAL EVENT REQUEST/24TH ANNUAL DOWNTOWN DELRAY FESTIVAL OF THE ARTS: Approve a special event request to endorse the 24th Annual Downtown Delray Festival of the Arts sponsored by Howard Alan Events, Ltd. to be held January 19-20, 2013 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for use of City rights-of-way on Atlantic Avenue from the east side of N.E./S.E. 6th Avenue to Bronson and for the Gladiola lot (S.E. 6th Avenue) for vendor parking, and to provide staff support for traffic control, security, fire inspection services and to permit an event sign to be erected on Atlantic Avenue just east of I-95 (14) days prior to the event. The event sponsor will pay all City costs, estimated at $9,911.00. O. (MOVED TO ITEM 10.A.A.A. ON THE REGULAR AGENDA) P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 15, 2012 through November 2, 2012. Q. AWARD OF BIDS AND CONTRACTS: 1. Contract award to The Dumont Company, Inc. at an annual estimated cost of $48,000.00 for the purchase and delivery of Hydrofluorosilicic Acid. Funding is available from 441-5122-536-52.21 (Water & Sewer Fund: Operating Supplies/Chemicals). 11/06/2012 -5 -2. Contract award to Foster Marine Contractors, Inc., the lowest responsive bidder, in the amount of $84,445.00 for the construction of roadside swales along N.W. 7th and 12th Streets and N.W. 3rd and 5th Avenues in the Lake Ida Neighborhood. Funding is available from 448-5461-538-46.43 (Storm Water Utility Fund: Repair & Maintenance Services/Drainage Swales). 3. Contract award to Transmap Corporation in the amount of $53,912.08 for the Pavement Assessment Project. Funding is available from 334-3162-541-61.17 (General Construction Fund: Capital Outlay/Street Reconstruction (I)). 4. Contract award to Unifirst Corporation at an annual estimated amount of $291,000.00 for uniform rental and flat supply services via City of Boca Raton RFP No. 2010-034. Funding is available from multiple departments. 5. Contract award to ConServ Building Services in the amount of $47,500.00 for the replacement of aging mechanical components of the City Hall chiller system which provides air conditioning to portions of the facility. Funding is available from 334-6112-519-64.90 (General Construction Fund: Machinery/Equipment/Other Machinery/Equipment). 6. Purchase award for fence replacement for Pompey Park Fields #1, 2 and 3; fencing for backstop canopy at Field #1, and fencing around two batting cages. Funding is available from 334-4127-572-46.15 (General Construction Fund: Repair & Maintenance Services/Improvements-Other Repair & Maintenance). 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. AGREEMENT: DELRAY BEACH MARKETING COOPERATIVE (DBMC)/COMMUNITY REDEVELOPMENT AGENCY (CRA)/GREATER DELRAY BEACH CHAMBER OF COMMERCE: Approve 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 entering into contracts for 4th of July activities; and to remove the Downtown Development Authority (DDA). (Motion to approve; Approved, 5-0) 11/06/2012 -6 -AAA. SPECIAL EVENT REQUEST/TREE LIGHTING AND ON THE AVENUE: Approve a special event request to endorse the Tree Lighting and On the Avenue to be held on November 29, 2012 from 5:00 p.m. to 10:30 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to N.E./S.E. 7th Avenue, and to the alley north of Atlantic Avenue on N.E. 1st and 2nd Avenues, Railroad Way, and N.E. 4th Avenue and from Atlantic to the alley south on S.E. 1st, S.E. 2nd, S.E. 3rd and S.E. 4th Avenues; to authorize staff support for security, traffic control, banner hanging and removal, barricade set up and removal, trash removal, clean up, EMS assistance, fire inspection services and use of the large City stage. The event sponsor will pay an estimated total of $3,685.00, which is half the cost for On the Avenue. (Motion to approve; Approved, 5-0) A. WAIVER REQUESTS/LIZ BUILDING RENOVATIONS: Consider approval of waiver requests to Land Development Regulations (LDR) Section 4.4.13(F)(4)(a)(2), “Front Setbacks”, which requires a 5’ minimum setback along Federal Highway, Section 4.4.13(F)(1)(a), “Height”, which requires a minimum building height of 25’ and Section 4.6.18(B)(14)(iv)(2), “Windows and Doors”, which requires a minimum window transparency or glass area of 75% on the ground floor for the Liz Building Renovations, located at 445 East Atlantic Avenue. (Quasi-Judicial Hearing) (Motion to adopt the board order as presented; Approved, 5-0) B. CONDITIONAL USE REQUEST/JOURDAN’S BRIDGE CLUB: Consider approval of a conditional use request to allow the establishment of an indoor recreational establishment that will occupy a 6,000 sq. ft. tenant bay within the Delray Town Center Shopping Center (Phase I) for Jourdan’s Bridge Club, located at the northeast corner of Linton Boulevard and Military Trail. (Quasi-Judicial Hearing) (Motion to adopt the board order as presented; Approved, 5-0) C. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one (1) regular member to the Public Art Advisory Board to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Carney (Seat #1). (Appointed Jerry Rabinowitz and approved, 5-0) 11. PUBLIC HEARINGS: A. ORDINANCE NO. 40-12 (SECOND READING/SECOND 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 amending Appendix “A”, “Definitions”, in order to amend the definition of “Transient Residential Use” and amending Subsection 4.4.6(b), “Principal Uses and Structures Permitted”, to remove transient residential use as a principal use. (Motion to approve; Approved, 5-0) B. ORDINANCE NO. 41-12 (FIRST READING/FIRST PUBLIC HEARING): Consider a privately-initiated rezoning request from POC (Planned Office Center) to SAD (Special Activities District) for Delray Place, located at 1801 and 1845 South Federal Highway. If passed, a second public hearing will be held on December 11, 2012. (Motion to approve; Approved, 5-0) 11/06/2012 -7 -12. FIRST READINGS: A. ORDINANCE NO. 31-12: Consider a city-initiated amendment to Chapter 117, “Landlord Permits”, of the Code of Ordinances, by amending Section 117.01, “Permit Required”, to remove the reference to the rental payment amount. If passed, a public hearing will be held on November 20, 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: NOVEMBER 2, 2012 ****** Meeting adjourned at 9:13 p.m. ****** 11/06/2012 - 2 - 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor McDuffie noted Item 7.C., Presentation of Match Point Trophy to the City of Delray Beach was removed; there was updated information on the dais for Item 8.A., Acceptance of a Water Easement Deed/South Delray Shopping Center; Item 8.J., Agreement: Delray Beach Marketing Cooperative (DBMC)/Community Redevelopment Agency (CRA)/Greater Delray Beach Chamber of Commerce was moved to the Regular Agenda as Item 10.A.A.; Item 8.O., Special Event Request/Tree Lighting and On the Avenue was moved to the Regular Agenda as Item 10.A.A.A.; there was additional information on the dais for Item 8.Q.6., Purchase Award/Pompey Park Fence Replacement. Approved as amended, 5-0) 5. APPROVAL OF MINUTES: A. October 2, 2012 – Regular Meeting (Approved, 5-0) 6. PROCLAMATIONS: A. Recognizing and commending Mercer Wenzel B. America Recycles Day – November 15, 2012 7. PRESENTATIONS: A. RESOLUTION NO. 53-12: Approve Resolution No. 53-12 recognizing and commending Ray Colgin for 30 years of dedicated service to the City of Delray Beach. (Approved, 5-0) B. Recognizing and commending Delray 21, Saxena & White, P.A., The Related Group and Ocean Properties, Ltd. for their contributions and outstanding work to procure uniforms for the Atlantic Community High School Football Team C. Presentation of Match Point Trophy to the City of Delray Beach (REMOVED) D. S.P.I.R.I.T. (Service, Performance, Integ rity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation 8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0) A. ACCEPTANCE OF A WATER EASEMENT DEED/SOUTH DELRAY SHOPPING CENTER: Approve and accept a water easement deed for South Delray Shopping Center located at 3001 S. Federal Highway. 11/06/2012 - 3 - B. ACCEPTANCE OF A WATER UTIL ITY EASEMENT/ALFIERI-DELRAY BEACH COMMONS, LLC.: Approve acceptance of a water utility easement with Alfieri-Delray Beach Commons, LLC for Spod ak Dental Office lo cated at 4665 West Atlantic Avenue. C. SERVICE AUTHORIZATION NO. 12-01/WANTMAN GROUP, INC.: Approve Service Authorization No. 12-01 with Wantman Group, Inc. in the amount of $17,987.00 for data collection and analysis as well as a review of the City’s Land Development Regulations (LDR) related to dr ainage requirements. Funding is available from 448-5461-538-31.30 (Storm Water Utility Fund: Professional Services/Engineering/Architect). D. GRANT AWARD/SOUTH FLORIDA WA TER MANAGEMENT DISTRICT (SFWMD): WATER SAVINGS INCENTIVE PROGRAM (WSIP): Accept a grant award for a Water Savings Incentive Program (WSIP) from the South Florida Water Management District (SFWMD) in the amount of $35,945.00 for purchase and installation of automatic water main flushing devices. E. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/WEST CONSTRUCTION, INC.: Approve a Contract Closeout (Change Order No. 1/Final) in the amount of a $6,067.95 decrease and final payment in the amount of $10,622.05 to West Construction, Inc. for the completion of the Delray Beach Heights Swales Project. Funding is available from 448-5461-538 -65.41 (Storm Water Utility Fund: Other Improvements/Swale Reconstruction). F. AMENDMENT NO. 2 TO THE IN TERLOCAL AGREEMENT/PALM BEACH COUNTY FOR AUBURN AVENUE: Approve Amendment No. 2 to the Interlocal Agreement with Palm Beach County for reimbursement to the City in the amount of $1,000,000.00 for costs associ ated with improvements along Auburn Avenue. G. AGREEMENT/ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES (ACCF): Approve an agreement between the City of Delray Beach and Achievement Centers for Children and Familie s (ACCF) in the amount of $52,000.00 to carry out services at the Village Academy Beacon Center for FY 2012-2013. Funding is available from 001-4111-572-83.01 (G eneral Fund: Other Grants & Aid). H. AGREEMENT FOR PUBLIC ART CONSULTING SERVICES/ PALM BEACH COUNTY: Approve an agreement for Public Art Consulting Services with Palm Beach County at an estimated cost of $25,000.00 plus reimbursable expenses. Funding is available from 115-1702-579-31 .90 (Special Projects Fund: Professional Services/Other Professional Services). I. MAINTENANCE AGREEMENT/CONT ROL COMMUNICATIONS, INC.: Approve a Maintenance Agreem ent with Control Communicati ons, Inc. in the amount of $26,040.00 for maintenance of the XTS3000 portable radios used by police officers. Funding is available from 001-2111-521-46.20 (General Fund: Repair & Maintenance Services/Equipment Maintenance). 11/06/2012 - 4 - J. (MOVED TO ITEM 10.A.A. ON THE REGULAR AGENDA) K. TRAFFIC ENFORCEMENT AGREEMENT/CORAL TRACE HOMEOWNERS ASSOCIATION: Approve a Traffic En forcement Agreement with Coral Trace Homeowners Association to allow the City of Delray Beach Police Department to enforce State and local traffi c laws on the private roads of Coral Trace. L. AGREEMENT/ADVANCED PROCESSING & IMAGING (API), INC.: Approve an agreement with Advanced Processi ng & Imaging (API), Inc. in the amount of $58,782.00 for the purchase of electronic document management software for the Finance Department. Funding is available from 001-1511-513-66.10 (General Fund: Books/Publications/Software), 441-5161-536 -64.11 (Water & Sewer Fund: Machinery/ Equipment/ Computer Equipment) and 441-5161-536-66.10 (Water & Sewer Fund: Books/Publications/Software). M. REQUEST FOR PROPOSALS (RFP)/COLLECTION SERVICES FOR PARKING FINES AND AMBULANCE BILLING: Approve the Selection Committee's ranking of responses for collection services for parking fines and ambulance billing; and authorize staff to ente r into contract negotiations with the top ranked company, Penn Credit, Inc. N. SPECIAL EVENT REQUEST/24TH ANNUAL DOWNTOWN DELRAY FESTIVAL OF THE ARTS: Approve a special event request to endorse the 24th Annual Downtown Delray Festival of the Ar ts sponsored by Howard Alan Events, Ltd. to be held January 19-20, 20 13 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for use of Ci ty rights-of-way on Atlantic Avenue from the east side of N.E./S.E. 6th Avenue to Bronson and for the Gladiola lot (S.E. 6th Avenue) for vendor parking, and to provide staff support for traffic control, security, fire inspection services and to permit an event sign to be erected on Atlantic Avenue just east of I-95 (14) days prior to the ev ent. The event sponsor will pay all City costs, estimated at $9,911.00. O. (MOVED TO ITEM 10.A.A.A. ON THE REGULAR AGENDA) P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 15, 2012 through November 2, 2012. Q. AWARD OF BIDS AND CONTRACTS: 1. Contract award to The Dumont Company, Inc. at an annual estimated cost of $48,000.00 for the purchase and delivery of Hydrofluorosilicic Acid. Funding is available from 441-5122-536-52.21 (Water & Sewer Fund: Operating Supplies/Chemicals). 11/06/2012 - 5 - 2. Contract award to Foster Marine Contractors, Inc., the lowest responsive bidder , in the amount of $84,445.00 for the constr uction of roadside swales along N.W. 7th and 12th Streets and N.W. 3rd and 5th Avenues in the Lake Ida Neighborhood. Funding is available from 448-5461-538-46.43 (Storm Water Utility Fund: Repair & Maintenance Services/Drainage Swales). 3. Contract award to Transmap Corporation in the amount of $53,912.08 for the Pavement Assessment Project. Funding is available from 33 4-3162-541-61.17 (General Construction Fund: Capital Outlay/Street Reconstruction (I)). 4. Contract award to Unifirst Corporation at an annual estimated amount of $291,000.00 for uniform rental and flat supply services via City of Boca Raton RFP No. 2010-034. Funding is availa ble from multiple departments. 5. Contract award to ConServ Building Services in the amount of $47,500.00 for the replacement of aging mechanical co mponents of the City Hall chiller system which provides air conditioning to portions of the facility. Funding is available from 334-6112-519-64.90 (General Construction Fund: Machinery/ Equipment/Other Machinery/Equipment). 6. Purchase award for fence replacement for Pompey Park Fields #1, 2 and 3; fencing for backstop canopy at Field #1, and fencing around two batting cages. Funding is available from 3 34-4127-572-46.15 (General Construction Fund: Repair & Maintenance Services/ Improvements-Other Repair & Maintenance). 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. AGREEMENT: DELRAY BEACH MARKETING COOPERATIVE (DBMC)/COMMUNITY REDEVELOPM ENT AGENCY (CRA)/GREATER DELRAY BEACH CHAMBER OF COMMERCE: Approve 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 entering into contracts for 4th of July activities; and to remove the Downtown Development Authority (DDA). (Motion to approve; Approved, 5-0) 11/06/2012 - 6 - AAA. SPECIAL EVENT REQUEST/TREE LIGHTING AND ON THE AVENUE: Approve a special event request to endorse the Tree Lighting and On the Avenue to be held on November 29, 2012 from 5:00 p.m. to 10:30 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to N.E./S.E. 7th Avenue, and to th e alley north of Atlantic Avenue on N.E. 1st and 2nd Avenues, Railroad Way, and N.E. 4th Avenue and from Atlantic to the alley south on S.E. 1st, S.E. 2nd, S.E. 3rd and S.E. 4th Avenues; to authorize staff support for security, traffic control, banner hanging and removal, barricade set up and removal, trash removal, clean up, EMS assistance, fi re inspection services and use of the large City stage. The event sponsor will pay an estimated total of $3,685.00, which is half the cost for On the Avenue. (Motion to approve; Approved, 5-0) A. WAIVER REQUESTS/LIZ BUILDING RENOVATIONS: Consider approval of waiver requests to Land Developmen t Regulations (LDR) Section 4.4.13(F)(4)(a)(2), “Front Setbacks”, which requires a 5’ minimu m setback along Federal Highway, Section 4.4.13(F)(1)(a), “Height”, which requires a minimum building height of 25’ and Section 4.6.18(B)(14)(iv)(2), “Windows and D oors”, which requires a minimum window transparency or glass area of 75% on the ground floor fo r the Liz Building Renovations, located at 445 East Atlantic Avenue . (Quasi-Judicial Hearing) (Motion to adopt the board order as presented; Approved, 5-0) B. CONDITIONAL USE REQUEST/JOURDAN’S BRIDGE CLUB: Consider approval of a conditional use request to allow the establishment of an indoor recreational establishment that will occupy a 6,000 sq. ft. tenant bay within the Delray Town Center Shopping Center (Phase I) fo r Jourdan’s Bridge Club, located at the northeast corner of Linton Bo ulevard and Military Trail. (Quasi-Judicial Hearing) (Motion to adopt the board order as presented; Approved, 5-0) C. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one (1) regular member to the Public Art Advisory Board to serve an unexpired term ending July 31, 2013. Based upon the rotation sy stem, the appointment will be made by Commissioner Carney (Seat #1). (Appointed Jerry Rabinowitz and approved, 5-0) 11. PUBLIC HEARINGS: A. ORDINANCE NO. 40-12 (SECON D READING/SECOND PUBLIC HEARING): Consider a city-initiated amendment to the Land Development Regulations (LDR) Section 4.3.3 (ZZZ), “Transie nt Residential Use”, in order to clarify prohibitions, exemptions/exceptions, waivers, and penalties; and amending Appendix “A”, “Definitions”, in order to amend the de finition of “Transient Residential Use” and amending Subsection 4.4.6(b), “Principal Uses and Structures Permitted”, to remove transient residential use as a principal use. (Motion to approve; Approved, 5-0) B. ORDINANCE NO. 41-12 (FIRST READING/FIRST PUBLIC HEARING): Consider a privately-initiated rezoning re quest from POC (Planned Office Center) to SAD (Special Activities District) for Delr ay Place, located at 1801 and 1845 South Federal Highway. If passed, a second public hearing will be held on December 11, 2012. (Motion to approve; Approved, 5-0) 11/06/2012 - 7 - 12. FIRST READINGS: A. ORDINANCE NO. 31-12: Consider a city-initiated amendment to Chapter 117, “Landlord Permits”, of the Code of Ordina nces, by amending Section 117.01, “Permit Required”, to remove the reference to the re ntal payment amount. If passed, a public hearing will be held on November 20, 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: NOVEMBER 2, 2012 ****** Meeting adjourned at 9:13 p.m. ******