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12-04-12 Agenda Results Regular MeetingMicrosoft Word - 12-04-12 Agenda Results Regular Meeting.doc City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** City Commission Meeting Tuesday, December 4, 2012 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 12/04/2012 -2 -1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor McDuffie noted Item 8.S.2., Bid Award/ELEV8 Sports Institute was moved to the Regular Agenda as Item 10.A.A., and there was revised information for Item 10.D., Filling Unexpired Term for Seat #1, on the dais. Approved as amended, 5-0) 5. APPROVAL OF MINUTES: A. November 6, 2012 – Regular Meeting (Approved, 5-0) B. November 20, 2012 – Regular Meeting (Approved, 5-0) 6. PROCLAMATIONS: A. None 7. PRESENTATIONS: A. Dedication of the City Hall Time Capsule by the Delray Beach Preservation Trust B. Presentation of Match Point Trophy to the City of Delray Beach C. Recognizing and commending Pauline Moody for her contributions and service in the community. 8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0) A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarterly Meeting of November 8, 2012. B. ACCEPTANCE OF A SIDEWALK EASEMENT DEED/COMMUNITY REDEVELOPMENT AGENCY (CRA): Approve acceptance of a sidewalk easement deed from the Community Redevelopment Agency (CRA) to provide public access and give the City the right to maintain the sidewalk for the property located along the east-west alley between N.W. 1st Avenue and North Swinton Avenue. 12/04/2012 -3 -C. AMENDMENT NO. 1 TO THE MAINTENANCE MEMORANDUM OF AGREEMENT/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): Approve Amendment No. 1 to the Maintenance Memorandum of Agreement (MMOA) with Florida Department of Transportation (FDOT) to allow the City Manager or his designee to sign future amendments and include landscaping within the FDOT right-of-way along SR A-1-A. D. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR FUNDING OF CONSTRUCTION/PROFESSIONAL SERVICES FY 2012-2013: Approve Amendment No. 1 to the Interlocal Agreement for Funding of Construction/Professional Services FY 2012-2013 with the Community Redevelopment Agency (CRA) to modify Item “D” on Exhibit “A”, to include the Block 20 Alley improvements and increase the amount of funding from $100,000.00 to $160,000.00. 1. Contract award to Rosso Paving and Grading, Inc., the low bidder, in the amount of $137,866.13 for construction of Block 19 and 20 Alley improvements; contingent upon approval of Amendment No. 1 to the Interlocal Agreement with the CRA. Funding is available from 334-3162-541-68.60 (General Construction Fund: Other Improvement/N.W. 12th Avenue-Atlantic/MLK) and 448-5461-538-68.60 (Storm Water Utility Fund: Other Improvement/N.W. 12th Avenue – Atlantic/MLK). E. MODIFICATIONS TO CONTRACTOR PREQUALIFICATION PACKAGE: Approve modifications to the Contractor Prequalification Package to include a new category for Advanced Metering Infrastructure (AMI) Deployment/Water Meter Replacements. F. COMMUNITY DEVELOPMENT BLOCK GRANT-RECOVERY (CDBG-R) GRANT CLOSEOUT AGREEMENTS/DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT: Approve submittal of the Community Development Block Grant -Recovery (CDBG-R) Grant Closeout Agreements with the U.S. Department of Housing and Urban Development (HUD) to accept disbursement in the amount of $156,617.00 for completion of roadway improvements for S.W. 14th Avenue from S.W. 1st Street to S.W. 2nd Street. G. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Community Development Block Grant (CDBG) to the lowest responsive bidder, CJ Contracting, LLC, for 610 S.W. 5th Avenue in the amount of $22,548.56. Funding is available from 118-1963-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). H. CONTRACT FOR SERVICES/BALLARD PARTNERS, INC.: Approve a Contract for Services with Ballard Partners, Inc. to provide state lobbying services to the City regarding sober house legislation. 12/04/2012 -4 -I. AGREEMENT FOR PROFESSIONAL SERVICES/WEISS, HANDLER & CORNWELL, P.A.: Approve a Contract for Services with Weiss, Handler & Cornwell, P.A., to provide state lobbying services to the City. J. APPOINTMENT TO THE VISIONS 2020 STEERING COMMITTEE: Approve Mayor McDuffie's appointment of Mark Stowe to serve on the Visions 2020 Steering Committee. K. LETTER OF AGREEMENT/JOHN SCOTT DAILEY FLORIDA INSTITUTE OF GOVERNMENT AT FLORIDA ATLANTIC UNIVERSITY: Approve a Letter of Agreement with The John Scott Dailey Florida Institute of Government at Florida Atlantic University in the amount of $28,782.00 for technical assistance/facilitation services associated with the Visions 2020 project. Funding is available from 001-1111-511-31.90 (General Fund: Professional Services/Other Professional Services). L. VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES AGREEMENT: Approve a Vote Processing Equipment Use and Election Services Agreement between the Palm Beach County Supervisor of Elections and the City for conducting municipal elections. M. RESOLUTION NO. 59-12: Approve Resolution No. 59-12 calling for a Special Election on a charter changes to be held on March 12, 2013, to provide for a referendum on charter changes presented in Ordinance No. 35-12, Ordinance No. 36-12, Ordinance No. 38-12, and Ordinance No. 39-12; providing for the time, manner and means of holding said election. N. AGREEMENT FOR SERVICES AT A WORKSITE MEDICAL FACILITY/CONCENTRA HEALTH SERVICES, INC.: Approve an Agreement for Services at a Worksite Medical Facility with Concentra Health Services, Inc. in an amount not exceed $760,550.00 to provide certain healthcare services at the Employee Health and Wellness Center. Funding is available from 551-1577-591-34.90 (Insurance Fund: Other Contractual Services). O. BONUS PAYMENTS TO JCD SPORTS GROUP, INC.: Approve FY 2011/2012 bonus payments to JCD Sports Group, Inc. for golf course operations in the amount of $15,319.80 and for Tennis Center operations in the amount of $6,154.65. Funding is available from 445-4711-572-34.90 (Delray Beach Municipal Golf Course Fund: Other Contractual Service), 446-4711-572-34.90 (Lakeview Golf Course: Other Contractual Service), 001-4215-575-34.90 (General Fund: Operating Expenses-Miscellaneous/Other Contractual Service) and 001-4210-575-34.90 (General Fund: Operating Expenses-Miscellaneous/Other Contractual Service). 12/04/2012 -5 -P. SPECIAL EVENT REQUEST/15TH ANNUAL FIRST NIGHT 2013: Approve a special event request to endorse the 15th Annual First Night 2013 event on December 31, 2012 from 4:00 p.m. to midnight, grant a temporary use permit per LDR Section 2.4.6(F) for the use of City rights-of-way and facilities as requested, and authorize generator use and staff support for traffic control and security, site cleanup and trash removal, barricade set up and removal, banner hanging, signage construction and installation, and EMS services. Per the Special Event Policies and Procedures, there is no charge for city-sponsored events. Q. SPECIAL EVENT REQUEST/16TH ANNUAL DELRAY BEACH CRAFT FESTIVAL: Approve a special event request to endorse the 16th Annual Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. to be held February 2-3, 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 E. 4th Avenue, from N.E. 1st Street to S.E. 1st Street, and to provide staff support for traffic control, security and fire inspection services, and to permit an event sign to be erected on Atlantic Avenue just east of I-95 fourteen (14) days prior to the event per City Code. The estimated cost the event, which the sponsor is responsible for, is $6,000.00. R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 19, 2012 through November 30, 2012. S. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Layne Inliner, LLC in the amount of $17,110.00 to complete the relining of a storm water pipe in Chatelaine Subdivision. Funding is available from 448-5416-538-46.90 (Stormwater Utility Fund: Repair & Maintenance Services/Other Repair Maintenance Cost). 2. (MOVED TO ITEM 10.A.A. ON THE REGULAR AGENDA) 3. Contract award to ALSCO, Inc. for the estimated annual usage of $17,500.00 for linen rental service for the Delray Beach Municipal Golf Course Restaurant with the option to renew for two (2) additional one (1) year terms. Funding is available from 445-4715-572-52.22 (D B Municipal Golf Course: Operating Supplies/Uniforms/Linen Service). 4. Contract award to Prolime Corporation (PC) in the amount not exceed $120,000.00 for hauling and disposal of liquid lime slurry from the Water Treatment Plant (WTP). Funding is available from 441-5122-536-34-90(Water and Sewer Fund: Other Contractual Services). 5. Purchase award to Federal Eastern International in the amount of $53,341.00 for the replacement of ballistic bullet proof vests for the Police Department. Funding is available from 001-2115-521-64.90 (General Fund: Machinery/Equipment/Other Machinery/Equipment). 12/04/2012 -6 -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. Bid award to ELEV8 Sports Institute in the amount of $38,400.00 for annual landscape maintenance of three (3) ballfields at Pompey Park. Funding is available from 001-4131-572-34.90 (General Fund: Other Contractual Service). (Motion to postpone; Approved, 3-2. Commissioner Jacquet and Mayor McDuffie dissenting) A. LETTER OF INTENT: CREATIVE CITY COLLABORATIVE (CCC)/ARTS GARAGE: Provide direction regarding a Letter of Intent from the Creative City Collaborative regarding the OSS retail space. (It was the consensus of Commission for the City Attorney to work with Creative City Collaborative (CCC) and come back with contracts) B. CONDITIONAL USE REQUESTS/ATLANTIC PLAZA II: Consider approval to increase the building height to a maximum of 60 feet (59 feet 4 inches proposed) and to allow a density increase above 30 dwelling units per acre (43 du/ac proposed) for Atlantic Plaza II, which is a proposed mixed use development on the north side of Atlantic Avenue, south of N.E. 1stStreet, east of N.E. 6th Avenue, and West of Veterans Park. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 3-2. Commissioner Jacquet and Commissioner Carney dissenting) C. POLICY ON NAMING OF PUBLIC FACILITIES: Consider establishing a policy and procedure to govern the honorary naming of public facilities. (Motion to approve as amended; Approved, 5-0) D. FILLING UNEXPIRED TERM FOR SEAT # 1: Provide direction regarding the process for filling the unexpired term for Seat #1, currently held by Commissioner Thomas F. Carney, Jr. (It was the consensus of Commission to accept applications up to December 17, 2012; conduct interviews from December 17-21, 2012; with the appointment to be made at the January 3, 2013 Regular Meeting) E. PROVIDE DIRECTION REGARDING THE NOISE ORDINANCE: Provide direction to staff regarding possible changes to the recently adopted noise ordinance. (No Action Taken) F. PAY INCREASE FOR CIVIL SERVICE EMPLOYEES: Consider approving a pay increase for Civil Service employees. (Motion to approve pay increase; Approved, 5-0) 12/04/2012 -7 -G. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to the Code Enforcement Board to serve an unexpired term plus a three (3) year term ending January 14, 2015. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). (Commissioner Jacquet’s appointment was deferred to the January 3, 2013 Regular Commission Meeting) H. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint two (2) student members to the Police Advisory Board to serve unexpired terms ending July 31, 2013 and July 31, 2014. Based upon the rotation system, the appointments will be made by Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5). (Appointed Paola Pineros and approved, 5-0. Commissioner Gray’s appointment was deferred to the January 3, 2013 Regular Meeting) 11. PUBLIC HEARINGS: A. CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER): Consider approval of the 2011-2012 Consolidated Annual Performance and Evaluation Report required by the United States Department of Housing & Urban Development (HUD) for utilization of federal grant funds. (Motion to approve; Approved, 5-0) 12. FIRST READINGS: A. ORDINANCE NO. 42-12: Consider a privately initiated Future Land Use Map (FLUM) amendment (small-scale) from MD (Medium Density Residential 5-12du/ac) to LD (Low Density Residential 0-5 du/ac) and rezoning from RM (Medium Density Residential) to R-1-A (Single Family Residential) for the properties located on the north and south sides of Bermuda Gardens Road. If passed, a public hearing will be held on January 3, 2013. (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 30, 2012 ****** Meeting adjourned at 11:04 p.m. ****** 12/04/2012 - 2 - 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor McDuffie noted Item 8.S.2., Bid Award/ELEV8 Sports Institute was moved to the Regular Agenda as Item 10.A.A., and there was revised information for Item 10.D., Filling Unexpired Term for Seat #1, on the dais. Approved as amended, 5-0) 5. APPROVAL OF MINUTES: A. November 6, 2012 – Regular Meeting (Approved, 5-0) B. November 20, 2012 – Regular Meeting (Approved, 5-0) 6. PROCLAMATIONS: A. None 7. PRESENTATIONS: A. Dedication of the City Hall Time Capsule by the Delray Beach Preservation Trust B. Presentation of Match Point Trophy to the City of Delray Beach C. Recognizing and commending Pauline Moody for her contributions and service in the community. 8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0) A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarterly Meeting of November 8, 2012. B. ACCEPTANCE OF A SIDEWALK EASEMENT DEED/COMMUNITY REDEVELOPMENT AGENCY (CRA): Approve acceptance of a sidewalk easement deed from the Community Redeve lopment Agency (CRA) to provide public access and give the City the right to maintain the sidewalk for the property located along the east-west alley between N.W. 1s t Avenue and North Swinton Avenue. 12/04/2012 - 3 - C. AMENDMENT NO. 1 TO THE MA INTENANCE MEMORANDUM OF AGREEMENT/FLORIDA DEPARTME NT OF TRANSPORTATION (FDOT): Approve Amendment No. 1 to the Maintenance Memorandum of Agreement (MMOA) with Florida Department of Transportation (FDOT) to allow the City Manager or his designee to sign future amendments and include landscaping within the FDOT right-of-way along SR A-1-A. D. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT/COMMUNITY REDEVE LOPMENT AGENCY (CRA) FOR FUNDING OF CONSTRUCTION/PROFESSIONAL SERVICES FY 2012- 2013: Approve Amendment No. 1 to the Interlocal Agreement for Funding of Construction/Professional Services FY 2012 -2013 with the Community Redevelopment Agency (CRA) to modify Item “D” on Exhibit “A”, to include the Block 20 Alley improvements and increase the amount of funding from $100,000.00 to $160,000.00. 1. Contract award to Rosso Paving and Grading, Inc., the low bidder, in the amount of $137,866.13 for constr uction of Block 19 and 20 Alley improvements; contingent upon approval of Amendment No. 1 to the Interlocal Agreement with the CRA. Fund ing is available from 334-3162-541- 68.60 (General Construction Fund: Other Improvement/N.W. 12th Avenue- Atlantic/MLK) and 448-5461-538-68.6 0 (Storm Water Utility Fund: Other Improvement/N.W. 12th Avenue – Atlantic/MLK). E. MODIFICATIONS TO CONTRACTOR PREQUALIFICATION PACKAGE: Approve modifications to the Contractor Pr equalification Package to include a new category for Advanced Metering Infrastr ucture (AMI) Deployment/Water Meter Replacements. F. COMMUNITY DEVELOPMENT BLOCK GRANT-RECOVERY (CDBG-R) GRANT CLOSEOUT AGREEMENTS/DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT: Approve submittal of the Community Development Block Grant - Recovery (CDBG-R) Grant Closeout Agreements with the U.S. Department of Housing and Urban Developmen t (HUD) to accept disbursement in the amount of $156,617.00 for completion of ro adway improvements for S.W. 14th Avenue from S.W. 1st Street to S.W. 2nd Street. G. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Award one (1) Housing Rehabilitation c ontract through the Community Development Block Grant (CDBG) to the lowest responsive bidder, CJ Contracting, LLC, for 610 S.W. 5th Avenue in the amount of $22,548.56. Fund ing is available from 118-1963-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). H. CONTRACT FOR SERVICES/BALLARD PARTNERS, INC.: Approve a Contract for Services with Ballard Partners, Inc. to provide state lobbying services to the City regarding sober house legislation. 12/04/2012 - 4 - I. AGREEMENT FOR PROFESSIONAL SERVICES/ WEISS, HANDLER & CORNWELL, P.A.: Approve a Contract for Servi ces with Weiss, Handler & Cornwell, P.A., to provide state lobbying services to the City. J. APPOINTMENT TO THE VISIONS 2020 STEERING COMMITTEE: Approve Mayor McDuffie's appointment of Ma rk Stowe to serve on the Visions 2020 Steering Committee. K. LETTER OF AGREEMENT/JOHN SCOTT DAILEY FLORIDA INSTITUTE OF GOVERNMENT AT FLORIDA ATLANTIC UNIVERSITY: Approve a Letter of Agreement with The John Scott Dailey Florida Institute of Government at Florida Atlantic University in the amount of $28,782.00 for technical assistance/facilitation services associated with the Visions 2020 project. Funding is available from 001-1111-511-31.90 (Gener al Fund: Professional Services/Other Professional Services). L. VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES AGREEMENT: Approve a Vote Processing Equi pment Use and Election Services Agreement between the Palm Beach County Supervisor of Elections and the City for conducting municipal elections. M. RESOLUTION NO. 59-12: Approve Resolution No. 59-12 calling for a Special Election on a charter changes to be held on March 12, 2013, to provide for a referendum on charter changes presented in Ordinance No. 35-12, Ordinance No. 36- 12, Ordinance No. 38-12, and Ordinance No . 39-12; providing for the time, manner and means of holding said election. N. AGREEMENT FOR SERVICES AT A WORKSITE MEDICAL FACILITY/CONCENTRA HEALTH SERVICES, INC.: Approve an Agreement for Services at a Worksite Medical Facility wi th Concentra Health Services, Inc. in an amount not exceed $760,550.00 to provide certa in healthcare services at the Employee Health and Wellness Center. Funding is ava ilable from 551-1577-591-34.90 (Insurance Fund: Other Contractual Services). O. BONUS PAYMENTS TO JCD SPORTS GROUP, INC.: Approve FY 2011/2012 bonus payments to JCD Sports Group, Inc. fo r golf course operations in the amount of $15,319.80 and for Tennis Center operations in the amount of $6,154.65. Funding is available from 445-4711-572-34.90 (Delra y Beach Municipal Golf Course Fund: Other Contractual Service), 446-4711 -572-34.90 (Lakeview Golf Course: Other Contractual Service), 001-4215-575-34.90 (Gen eral Fund: Operating Expenses- Miscellaneous/Other Contractual Service) and 001-4210-575-34.90 (General Fund: Operating Expenses-Miscellaneous/Other Contractual Service). 12/04/2012 - 5 - P. SPECIAL EVENT REQUEST/15 TH ANNUAL FIRST NIGHT 2013: Approve a special event request to endorse the 15th Annual First Night 2013 event on December 31, 2012 from 4:00 p.m. to midnight, gran t a temporary use permit per LDR Section 2.4.6(F) for the use of City rights-of-way and facilities as requested, and authorize generator use and staff support for traffic c ontrol and security, site cleanup and trash removal, barricade set up and removal, banner hanging, signage construction and installation, and EMS services. Per the Speci al Event Policies and Procedures, there is no charge for city-sponsored events. Q. SPECIAL EVENT REQUEST/16 TH ANNUAL DELRAY BEACH CRAFT FESTIVAL: Approve a special event request to endorse the 16th Annual Delray Beach Craft Festival sponsored by Howard Al an Events, Ltd. to be held February 2-3, 2013 from 10:00 a.m. to 5:0 0 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for use of E. 4th Avenue, from N.E. 1st Street to S.E. 1st Street, and to provide staff support for traffic control, s ecurity and fire inspection services, and to permit an event sign to be erected on Atlant ic Avenue just east of I-95 fourteen (14) days prior to the event per City Code. The estimated cost the event, which the sponsor is responsible for, is $6,000.00. R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 19, 2012 through November 30, 2012. S. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Layne Inliner, LLC in the amount of $17,110.00 to complete the relining of a storm water pipe in Chatelaine Subdivision. Funding is available from 448-5416-538-46.90 (Stormwater Utility Fund: Repair & Maintenance Services/Other Repair Maintenance Cost). 2. (MOVED TO ITEM 10.A.A. ON THE REGULAR AGENDA) 3. Contract award to ALSCO, Inc. for the estimated annual usage of $17,500.00 for linen rental service for the Delray Beach Municipal Golf Course Restaurant with the option to renew for two (2) a dditional one (1) year terms. Funding is available from 445-4715-572-52.22 (D B Municipal Golf Course: Operating Supplies/ Uniforms/Linen Service). 4. Contract award to Prolime Corporation (PC) in the amount not exceed $120,000.00 for hauling and disposal of liquid lime slurry from the Water Treatment Plant (WTP). Funding is available from 441-5122-536-34-90(Water and Sewer Fund: Other Contractual Services). 5. Purchase award to Federal Eastern Interna tional in the amount of $53,341.00 for the replacement of ballistic bullet proof vests for the Police Department. Funding is available from 001-2115-521-64.90 (General Fund: Machinery/Equipment/Other Machinery/Equipment). 12/04/2012 - 6 - 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. Bid award to ELEV8 Sports Institute in the amount of $38,400.00 for annual landscape maintenance of three (3) ballf ields at Pompey Park. Funding is available from 001-4131- 572-34.90 (General Fund: Other Contractual Service). (Motion to postpone; Approved, 3- 2. Commissioner Jacquet an d Mayor McDuffie dissenting) A. LETTER OF INTENT: CREATIVE CITY COLLABORATIVE (CCC)/ARTS GARAGE: Provide direction regarding a Letter of Intent from the Creative City Collaborative regarding the OSS retail space. (It was the consensus of Commission for the City Attorney to work with Creative City Collaborative (CCC) and come back with contracts) B. CONDITIONAL USE REQUESTS/ATLANTIC PLAZA II: Consider approval to increase the building height to a maximum of 60 feet (59 feet 4 inches proposed) and to allow a density increase above 30 dwe lling units per acre (43 du/ac proposed) for Atlantic Plaza II, which is a proposed mixed use development on the north side of Atlantic Avenue, south of N.E. 1stStreet, east of N.E. 6th Av enue, and West of Veterans Park. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 3-2. Commissioner Jacquet and Commissioner Carney dissenting) C. POLICY ON NAMING OF PUBLIC FACILITIES: Consider establishing a policy and procedure to govern the honorary naming of public facilities. (Motion to approve as amended; Approved, 5-0) D. FILLING UNEXPIRED TERM FOR SEAT # 1: Provide direction regarding the process for filling the unexpired term fo r Seat #1, currently held by Commissioner Thomas F. Carney, Jr. (It was the consensus of Commission to accept applications up to December 17, 2012; conduct inte rviews from December 17-21, 2012; with the appointment to be made at the January 3, 2013 Regular Meeting) E. PROVIDE DIRECTION REGARDING THE NOISE ORDINANCE: Provide direction to staff regarding possible changes to the recently adopted noise ordinance. (No Action Taken) F. PAY INCREASE FOR CIVIL SERVICE EMPLOYEES: Consider approving a pay increase for Civil Service employees. (Motion to approve pay increase; Approved, 5-0) 12/04/2012 - 7 - G. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to the Code Enforcemen t Board to serve an unexpired term plus a three (3) year term ending January 14, 2015. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). (Commissioner Jacquet’s appointment was deferred to the January 3, 2013 Regular Commission Meeting) H. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint two (2) student members to the Police Advisory Board to serve unexpired terms ending July 31, 2013 and July 31, 2014. Based upon the rota tion system, the appointments will be made by Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5). (Appointed Paola Pineros and approved, 5-0. Commissioner Gray’s appointment was deferred to the January 3, 2013 Regular Meeting) 11. PUBLIC HEARINGS: A. CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER): Consider approval of the 2011-2012 Consolidated Annual Performance and Evaluation Report required by the United States Department of Housing & Urban Development (HUD) for utilization of federal grant funds . (Motion to approve; Approved, 5-0) 12. FIRST READINGS: A. ORDINANCE NO. 42-12: Consider a privately initiated Future Land Use Map (FLUM) amendment (small-scale) from MD (Medium Density Residential 5-12du/ac) to LD (Low Density Residential 0-5 du/a c) and rezoning from RM (Medium Density Residential) to R-1-A (Single Family Resident ial) for the properties located on the north and south sides of Bermuda Gardens Road. If passed, a public hearing will be held on January 3, 2013. (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 30, 2012 ****** Meeting adjourned at 11:04 p.m. ******