01-03-13 Agenda Results Regular MeetingMicrosoft Word - 01-03-13 Agenda Results Regular Meeting.doc
City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** City Commission Meeting Thursday, January 3, 2013 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
01/03/2013 -2 -1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor McDuffie noted Item 7.B., Tribute to Mr. David Harden from the State of Florida
– Representative Bobby Powell, Jr. was added to Presentations as an addendum; Item 8.D., Service Authorization No. 12-05/Mathews Consulting, Inc., was moved to the Regular Agenda as
Item 10.A.A.; Item 8.L., Interlocal Agreement/Palm Beach County Information Systems Services (ISS) Network Services, was moved to the Regular Agenda as Item 10.A.A.A.; Item 10.D., Bid
Award for Beach Cleaning Services, there was additional information on the dais; Staff requested that Item 10.F., Parks & Recreation Policies and Procedures for Facilities Use and Rental
Fees, be REMOVED; Item 10.J., Appointments to the Code Enforcement Board and Item 10.K., Appointment to the Police Advisory Board, there were revised cover memos on the dais. Approved
as amended, 5-0) 5. APPROVAL OF MINUTES: A. November 13, 2012 – Special/Workshop Meeting (Approved, 5-0) B. December 4, 2012 – Regular Meeting (Approved, 5-0) C. December 7, 2012 – Special
Meeting (Approved, 5-0) 6. PROCLAMATIONS: A. Martin Luther King, Jr. Day – January 21, 2013 B. Calling for the First Non-Partisan Election to be held on March 12, 2013 7. PRESENTATIONS:
A. RESOLUTION NO. 04-13: Approve Resolution No. 04-13 recognizing and commending Mr. David T. Harden for his dedicated service to the City of Delray Beach. (Approved, 5-0) B. Tribute
to Mr. David Harden from the State of Florida – Representative Bobby Powell, Jr. (ADDENDUM) C. RESOLUTION NO. 05-13: Approve Resolution No. 05-13 recognizing and commending Mayor Nelson
S. McDuffie for his dedicated service to the City of Delray Beach. (Approved, 5-0) 8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0) A. RESOLUTION NO. 03-13: ABANDONMENT
OF WATER EASEMENT: FRANKLIN AT DELRAY BEACH: Approve Resolution No. 03-13 to abandon a 1.3 foot by 6.3 foot portion of a 12 foot wide water easement for Franklin at Delray Beach located
at 1030 S. Federal Highway.
01/03/2013 -3 -B. REQUEST FOR A SIDEWALK DEFERRAL/1240 SEASPRAY AVENUE: Approve an agreement to defer installing a sidewalk along Seaspray Avenue for the Barbara Residence located at
1240 Seaspray Avenue within the North Beach Overlay District. C. HOLD HARMLESS AGREEMENT/2325 SOUTH OCEAN BOULEVARD: Approve a Hold Harmless Agreement with Line-Tec, Inc. to install
and construct utilities in the State DOT right-of-way at property located at 2325 South Ocean Boulevard. D. (MOVED TO ITEM 10.A.A. ON THE REGULAR AGENDA) E. FIRST AMENDMENT TO THE INTERLOCAL
AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/US 1 CORRIDOR IMPROVEMENT: Approve the First Amendment to the Interlocal Agreement with the Community Redevelopment Agency (CRA) for the
US 1 Beautification project which is from just south of S.E. 10th Street to just north of George Bush Boulevard. F. AGREEMENT FOR CONSTRUCTION ENGINEERING AND INSPECTION SERVICES/R.J.
BEHAR & COMPANY, INC.: Approve an Agreement for Construction Engineering and Inspection Services with R.J. Behar & Company, Inc. in the amount of $1,203,419.25 for the Federal Highway
Beautification Project. Funding is available from 334-3162-541-68.52 (General Construction Fund: Other Improvement/Federal Highway Beautification). G. RESOLUTION NO. 01-13: Approve Resolution
No. 01-13 assessing costs for abatement action required to remove nuisances on 11 properties throughout the City of Delray Beach. H. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS:
310 SOUTHRIDGE ROAD: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Sandra Eugene for the property located at 310 Southridge
Road sold for single-family homeownership. I. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS: 2216 N.E. 3RD AVENUE: Approve a Neighborhood Stabilization Program (NSP) Land Use
Restriction Agreement and Deed Restrictions with Jean C. Julien for the property located at 2216 N.E. 3rd Avenue sold for single-family homeownership. J. LAND USE RESTRICTION AGREEMENT
AND DEED RESTRICTIONS: 5175 N.W. 6th STREET: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Nicaisse Eloi for the property
located at 5175 N.W. 6th Street sold for single-family homeownership.
01/03/2013 -4 -K. PROPOSAL/SAFE TRANSPORTATION TRAINING SPECIALISTS: Approve a proposal from Safe Transportation Training Specialists in the amount of $28,497.00 for a six (6) day training
course on Tank Truck Emergency Response for the Fire Department. Funding is available from 001-2315-526-54.30 (General Fund: Books, Publications, Subscriptions, Memberships, Training,
Education Costs). L. (MOVED TO ITEM 10.A.A.A. ON THE REGULAR AGENDA) M. INTERLOCAL AGREEMENT/PALM BEACH COUNTY DROWNING PREVENTION COALITION (DPC): Approve an Interlocal Agreement with
Palm Beach County for payment of swimming lesson fees not to exceed $50.00 per class for the Learn to Swim Program at Pompey Park through the Drowning Prevention Coalition of Palm Beach
County. N. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/PBA -POLICE OFFICERS AND SERGEANTS: Approve ratification of the Collective Bargaining Agreement with the Police Benevolent
Association (PBA) -Police Officers and Sergeants. O. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/PBA -POLICE LIEUTENANTS: Approve ratification of the Collective Bargaining Agreement
with the Police Benevolent Association (PBA) -Police Lieutenants. P. RESOLUTION NO. 02-13: Approve Resolution No. 02-13 regarding the March 12, 2013 First Nonpartisan and Special Election.
Q. SPECIAL EVENT REQUEST/7TH ANNUAL ALL AMERICAN TAILGATE PARTY: Approve a special event request for the 7th Annual All American Tailgate Party to be produced by Greater Delray Beach
Chamber of Commerce and the Achievement Centers for Children and Families Foundation proposed to be held on February 2, 2013 from 2:00 p.m. to 8:00 p.m., on the grounds of Delray Center
for the Arts; and to authorize staff support for security, fire inspection services, clean up and trash removal; contingent upon receipt of a Certificate of Liability Insurance, Alcohol
Liability Insurance, Hold Harmless Agreement and a copy of the Temporary Liquor License by January 22, 2013. The event sponsor(s) will pay all City costs estimated at $2,250.50. R. REVIEW
OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 10, 2012 through December 28, 2012. S. AWARD
OF BIDS AND CONTRACTS: 1. Bid award to Lawn Wizard in the amount of $17,410.00 for annual landscape maintenance on George Busch Boulevard and West Atlantic Avenue. Funding is available
from 119-4144-572-46.40 (Beautification Trust Fund: Repair and Maintenance Services/Beautification Maintenance).
01/03/2013 -5 -2. Contract award to Line-Tec, Inc. in the amount of $43,648.50 for the installation of automatic line flushers associated with the Automatic Water Main Flushing Devices
project. Funding is available from 442-5178-536-64.90 (Water & Sewer Renewal & Replacement Fund: Machinery/Equipment/other Machinery/Equipment). 3. Purchase award to Chemical Lime Company
of Alabama, Inc. (Lhoist North America) at an estimated cost of $735,350.00 for the purchase and delivery of bulk quicklime. Funding is available from 441-5122-536-52.21 (Water and Sewer
Fund: Operating Supplies/Supplies). 4. Purchase award to PC Mall Gov in the amount of $36,976.00 for firewall security equipment. Funding is available from 334-6111-519-66.10 (General
Construction Fund: Books/Publications/Software). 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: A.A. SERVICE AUTHORIZATION NO. 12-05/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 12-05 to Mathews
Consulting, Inc. in the amount of $61,732.00 for the design, permitting and bidding services of Delray Shores Water Main Phase I. Funding is available from 442-5178-536-68.93 (W & S
Renewal & Replacement Fund: Improvements Other/Delray Shores Water Mains). (Motion to approve; Approved, 5-0) A.A.A. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: INFORMATION SYSTEMS SERVICES
(ISS) NETWORK SERVICES: Approve an Interlocal Agreement with Palm Beach County to provide for the joint use of the County IT assets. (Motion to approve; Approved, 5-0) A. CONDITIONAL
USE REQUEST/DELRAY BEACH FAIRFIELD INN: Consider a conditional use request to allow a 95-room hotel within the West Atlantic Neighborhood to be known as Delray Beach Fairfield Inn, located
on the south side of West Atlantic Avenue, between S.W. 9th Avenue and S.W. 10th Avenue. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0)
01/03/2013 -6 -B. WAIVER REQUEST/TEMPORARY USE PERMIT/ALL COUNTY PAVING (ACP): Consider approval of a waiver request to Land Development Regulations (LDR) Section 2.4.6(F), “Temporary
Use Permit”, to allow the two trailers to be used for administrative offices while construction associated with approval of the pending Class III Site Plan Modification occurs for All
County Paving located at 1180 S.W. 10th Street. (Quasi-Judicial Hearing) (Motion to approve; Denied, 4-0. Commissioner Jacquet left the dais) C. REQUEST TO WAIVE RENTAL FEES/DELRAY BEACH
PUBLIC LIBRARY: Consider approval of a request from the Delray Beach Public Library to waive rental fees for use of Old School Square Park from 4:00 p.m. until 9:00 p.m. for their fundraiser
“Picnic in the Park” proposed to be held on Saturday, March 9, 2013. (Motion to approve; Denied, 5-0) D. BID AWARD FOR BEACH CLEANING SERVICES: Bid award for beach cleaning, maintenance
and beautification services. Funding is available from 001-4123-572-34.90 (General Fund: Other Contractual Services). (Motion to award bid to Universal Beach Services; Approved, 5-0)
E. PROPOSED SIX MONTH EXTENSION OF INNOVATION CORRIDOR STRATEGIC MARKETING PLAN IMPLEMENTATION: Consider extending an agreement with Sperry Van Ness/David Wilk for Phase II, Implementation
of the Real Estate Strategic Marketing Plan for the Delray Beach Innovation Corridor. (Motion to approve; Approved, 5-0) F. PARKS & RECREATION POLICIES AND PROCEDURES FOR FACILITIES
USE AND RENTAL FEES: Consider approval of the proposed Parks & Recreation Policies and Procedures for Athletic Field and Recreation Facility rental use and fee changes. (REMOVED) G.
EMPLOYMENT AGREEMENT/CITY MANAGER: Consider an Employment Agreement between the City of Delray Beach and Mr. Louie Chapman. (Motion to TABLE to the January 15, 2013 Regular Meeting;
Approved, 4-1. Commissioner Jacquet dissenting) H. APPOINTMENT OF AN INTERIM CITY MANAGER: Appoint an Interim City Manager upon the retirement of Mr. David T. Harden. (Commissioner Jacquet
left the dais. Motion to appoint Douglas Smith as Interim City Manager with the salary $1,000.00 more than the highest paid department head and that he be returned to his job afterwards;
Approved, 4-0). I. APPOINTMENT OF PERSON TO FILL UNEXPIRED TERM FOR SEAT #1: Appoint a person to fill the unexpired term for Seat #1 until the March 28, 2013 Organizational Meeting.
(Commissioner Jacquet returned to the dais; Mayor McDuffie passed the gavel to Vice-Mayor Carney and left the dais. Motion to appoint Christina Morrison as Commissioner (Seat#1); Approved,
4-0)
01/03/2013 -7 -J. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint three (3) regular members and an alternate to serve three (3) year terms ending January 14, 2016 and one (1) alternate
member to serve an unexpired term plus a three (3) year term ending January 14, 2016 to the Code Enforcement Board. Based upon the rotation system, the appointments will be made by Commissioner
Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Carney (Seat #1). (Appointed Jason Dollard and approved 4-0;
Appointed Ronald Gilinsky and approved 4-0; Appointed Kevin Homer and approved 4-0. Mayor McDuffie returned to the dais for his appointment. Appointed Deanna Longo and approved 5-0.
Commissioner Carney deferred his appointment to the January 15, 2013 Regular Meeting) K. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) student 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 Gray (Seat #4). (Appointed Ryan Longo and approved
5-0) 11. PUBLIC HEARINGS: A. ORDINANCE NO.41-12 (SECOND READING/SECOND PUBLIC HEARING): Consider a privately-initiated rezoning request from Planned Office Center (POC) to Special Activities
District (SAD) for Delray Place, located at the southeast corner of Linton Boulevard and South Federal Highway. (Quasi-Judicial Hearing) (THE APPLICANT HAS REQUESTED THAT THIS ITEM BE
DEFERRED) (Motion to defer; Approved, 5-0) B. 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. (Quasi-Judicial Hearing) (Motion to approve; Approved, 5-0) C. ORDINANCE NO. 44-12: Consider an ordinance calling for a referendum to be held on
March 12, 2013, proposing to the electorate of the City that the City Commission be authorized to grant a property tax exemption to certain qualified businesses pursuant to Section 3,
Article VII of the State Constitution; providing for submission of the proposed ballot question to the electors of the City; setting forth the form of the question to be voted upon at
such election. (Motion to approve; Approved, 5-0) 12. FIRST READINGS: A. None
01/03/2013 -8 -13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission ** Upon adjournment of the Regular City Commission Meeting, the Swearing-In
Ceremony will be held for the Mayor and Commission Seat #1. POSTED: DECEMBER 28, 2012 ****** Meeting adjourned at 10:15 p.m. ******
01/03/2013
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1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor McDuffie noted Item 7.B., Trib ute to Mr. David Harden from the
State of Florida – Representative Bobby Powell, Jr. was added to Presentation s as an addendum; Item
8.D., Service Authorization No. 12-05/Mathews Consul ting, Inc., was moved to the Regular Agenda as
Item 10.A.A.; Item 8.L., Interlocal Agreement/ Pa lm Beach County Information Systems Services (ISS)
Network Services, was moved to the Regular Agend a as Item 10.A.A.A.; Item 10.D., Bid Award for
Beach Cleaning Services, there was additional information on the dais; Staff requested that Item 10.F.,
Parks & Recreation Policies and Procedures for Facilities Use and Rental Fees, be REMOVED ; Item
10.J., Appointments to the Code En forcement Board and Item 10.K ., Appointment to the Police
Advisory Board, there were revised cover memos on the dais . Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
A. November 13, 2012 – Special/Workshop Meeting (Approved, 5-0)
B. December 4, 2012 – Regular Meeting (Approved, 5-0)
C. December 7, 2012 – Special Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Martin Luther King, Jr. Day – January 21, 2013
B. Calling for the First Non-Partisan Election to be held on March 12, 2013
7. PRESENTATIONS:
A. RESOLUTION NO. 04-13: Approve Resolution No. 04-13 recognizing and
commending Mr. David T. Harden for his de dicated service to the City of Delray
Beach. (Approved, 5-0)
B. Tribute to Mr. David Harden from the State of Florida – Representative Bobby Powell,
Jr. (ADDENDUM)
C. RESOLUTION NO. 05-13: Approve Resolution No. 05-13 recognizing and
commending Mayor Nelson S. McDuffie for his dedicated service to the City of Delray
Beach. (Approved, 5-0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. RESOLUTION NO. 03-13: ABANDO NMENT OF WATER EASEMENT:
FRANKLIN AT DELRAY BEACH: Approve Resolution No. 03-13 to abandon a
1.3 foot by 6.3 foot portion of a 12 foot wide water easement for Franklin at Delray
Beach located at 1030 S. Federal Highway.
01/03/2013
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B. REQUEST FOR A SIDEWALK DEFERRAL/1240 SEASPRAY AVENUE:
Approve an agreement to defer installing a sidewalk along Seaspray Avenue for the
Barbara Residence located at 1240 Seaspray Avenue within the North Beach Overlay
District.
C. HOLD HARMLESS AGREEMENT/ 2 325 SOUTH OCEAN BOULEVARD:
Approve a Hold Harmless Agreement with Line-Tec, Inc. to install and construct
utilities in the State DOT right-of-way at property located at 2325 South Ocean
Boulevard.
D. (MOVED TO ITEM 10.A.A. ON THE REGULAR AGENDA)
E. FIRST AMENDMENT TO THE INTERLOCAL
AGREEMENT/COMMUNITY REDEVE LOPMENT AGENCY (CRA)/US 1
CORRIDOR IMPROVEMENT: Approve the First Amendment to the Interlocal
Agreement with the Community Redeve lopment Agency (CRA) for the US 1
Beautification project which is from just so uth of S.E. 10th Street to just north of
George Bush Boulevard.
F. AGREEMENT FOR CONSTRUCTION ENGINEERING AND
INSPECTION SERVICES/ R.J. BEHAR & COMPANY, INC.: Approve
an Agreement for Construction Engineering an d Inspection Services with R.J. Behar &
Company, Inc. in the amount of $1,203,419.25 for the Federal Highway Beautification
Project. Funding is available from 334-31 62-541-68.52 (General Construction Fund:
Other Improvement/Federal Highway Beautification).
G. RESOLUTION NO. 01-13: Approve Resolution No. 01-13 assessing costs for
abatement action required to remove nuisances on 11 properties throughout the City of
Delray Beach.
H. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS:
310 SOUTHRIDGE ROAD: Approve a Neighborhood Stabilization Program (NSP)
Land Use Restriction Agreement and Deed Restrictions with Sandra Eugene for the
property located at 310 Southridge Road sold for single-family homeownership.
I. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS:
2216 N.E. 3RD AVENUE: Approve a Neighborhood Stabilization Program (NSP)
Land Use Restriction Agreement and Deed Restrictions with Jean C. Julien for the
property located at 2216 N.E. 3rd Avenue sold for single-family homeownership.
J. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS:
5175 N.W. 6th STREET: Approve a Neighborhood Stabilization Program (NSP)
Land Use Restriction Agreement and Deed Restrictions with Nicaisse Eloi for the
property located at 5175 N.W. 6th Street sold for single-family homeownership.
01/03/2013
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K. PROPOSAL/SAFE TRANSPORTATION TRAINING SPECIALISTS:
Approve a proposal from Safe Transportation Training Specialists in the amount of
$28,497.00 for a six (6) day training course on Tank Truck Emergency Response for the
Fire Department. Funding is available from 001-2315-526-54.30 (General Fund: Books,
Publications, Subscriptions, Memberships, Training, Education Costs).
L. (MOVED TO ITEM 10.A.A.A. ON THE REGULAR AGENDA)
M. INTERLOCAL AGREEMENT/PALM BEACH COUNTY DROWNING
PREVENTION COALITION (DPC): Approve an Interlocal Agreement with
Palm Beach County for payment of swimming lesson fees not to exceed $50.00 per
class for the Learn to Swim Program at Po mpey Park through the Drowning Prevention
Coalition of Palm Beach County.
N. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/ PBA -
POLICE OFFICERS AND SERGEANTS: Approve ratification of the Collective
Bargaining Agreement with the Police Benevo lent Association (PBA) - Police Officers
and Sergeants.
O. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/PBA -
POLICE LIEUTENANTS: Approve ratification of the Collective Bargaining
Agreement with the Police Benevolent Association (PBA) - Police Lieutenants.
P. RESOLUTION NO. 02-13: Approve Resolution No. 02-13 regarding the March 12,
2013 First Nonpartisan and Special Election.
Q. SPECIAL EVENT REQUEST/7 TH ANNUAL ALL AMERICAN TAILGATE
PARTY: Approve a special event request for the 7th Annual All American Tailgate
Party to be produced by Greater De lray Beach Chamber of Commerce and the
Achievement Centers for Children and Fam ilies Foundation proposed to be held on
February 2, 2013 from 2:00 p.m. to 8:00 p.m., on the grounds of Delray Center for the
Arts; and to authorize staff support for security, fire inspection services, clean up and
trash removal; contingent upon receipt of a Certificate of Liability Insurance, Alcohol
Liability Insurance, Hold Harmless Agreemen t and a copy of the Temporary Liquor
License by January 22, 2013. The event spons or(s) will pay all City costs estimated at
$2,250.50.
R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
December 10, 2012 through December 28, 2012.
S. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Lawn Wizard in the amount of $17,410.00 for annual landscape
maintenance on George Busch Boulevard an d West Atlantic Avenue. Funding is
available from 119-4144-572-46.40 (B eautification Trust Fund: Repair and
Maintenance Services/Beautification Maintenance).
01/03/2013
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2. Contract award to Line-Tec, Inc. in the amount of $43,648.50 for the
installation of automatic line flushers associated with the Automatic Water Main
Flushing Devices project. Funding is av ailable from 442-5178-536-64.90 (Water
& Sewer Renewal & Replacement Fund: Machinery/ Equipment/other
Machinery/ Equipment).
3. Purchase award to Chemical Lime Compa ny of Alabama, Inc. (Lhoist North
America) at an estimated cost of $735 ,350.00 for the purchase and delivery of
bulk quicklime. Funding is available fr om 441-5122-536-52.21 (Water and Sewer
Fund: Operating Supplies/Supplies).
4. Purchase award to PC Mall Gov in th e amount of $36,976.00 for firewall
security equipment. Funding is availa ble from 334-6111-519-66.10 (General
Construction Fund: Books/ Publications/ Software).
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:
A.A. SERVICE AUTHORIZATION NO. 12-05/MATHEWS CONSULTING, INC.:
Approve Service Authorization No. 12-05 to Mathews Consulting, Inc. in the amount
of $61,732.00 for the design, permitting and bidding services of Delray Shores Water
Main Phase I. Funding is available from 442-5178-536-68.93 (W & S Renewal &
Replacement Fund: Improvements Other/Delray Shores Water Mains).
(Motion to approve; Approved, 5-0)
A.A.A. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: INFORMATION
SYSTEMS SERVICES (ISS) NETWORK SERVICES: Approve an Interlocal
Agreement with Palm Beach County to prov ide for the joint use of the County IT
assets. (Motion to approve; Approved, 5-0)
A. CONDITIONAL USE REQUEST/DELRAY BEACH FAIRFIELD INN:
Consider a conditional use request to allow a 95-room hotel within the West Atlantic
Neighborhood to be known as Delray Beach Fa irfield Inn, located on the south side of
West Atlantic Avenue, between S.W. 9th Avenue and S.W. 10th Avenue. (Quasi-
Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0)
01/03/2013
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B. WAIVER REQUEST/TEMPORARY USE PERMIT/ALL COUNTY PAVING
(ACP): Consider approval of a waiver reque st to Land Development Regulations
(LDR) Section 2.4.6(F), “Temporary Use Permit”, to allow the two trailers to be used
for administrative offices while construction associated with approval of the pending
Class III Site Plan Modification occurs for All County Paving located at 1180 S.W. 10th
Street. (Quasi-Judicial Hearing) (Motion to approve; Denied, 4-0. Commissioner Jacquet
left the dais)
C. REQUEST TO WAIVE RENTAL FEES/DELRAY BEACH PUBLIC
LIBRARY: Consider approval of a request from the Delray Beach Public Library to
waive rental fees for use of Old School Squa re Park from 4:00 p.m. until 9:00 p.m. for
their fundraiser “Picnic in the Park” proposed to be held on Saturday, March 9, 2013.
(Motion to approve; Denied, 5-0)
D. BID AWARD FOR BEACH CLEANING SERVICES: Bid award for beach
cleaning, maintenance and beautification serv ices. Funding is available from 001-4123-
572-34.90 (General Fund: Other Contractual Services). (Motion to award bid to Universal
Beach Services; Approved, 5-0)
E. PROPOSED SIX MONTH EXTENSION OF INNOVATION CORRIDOR
STRATEGIC MARKETING PLAN IMPLEMENTATION: Consider extending
an agreement with Sperry Van Ness/David Wilk for Phase II, Implementation of the
Real Estate Strategic Marketing Plan fo r the Delray Beach Innovation Corridor. (Motion
to approve; Approved, 5-0)
F. PARKS & RECREATION POLICI ES AND PROCEDURES FOR
FACILITIES USE AND RENTAL FEES: Consider approval of the proposed
Parks & Recreation Policies and Procedures for Athletic Field and Recreation Facility
rental use and fee changes. (REMOVED)
G. EMPLOYMENT AGREEMENT/CITY MANAGER: Consider an Employment
Agreement between the City of Delr ay Beach and Mr. Louie Chapman. (Motion to
TABLE to the January 15, 2013 Regular Meeting; Approved, 4-1. Commissioner Jacquet
dissenting)
H. APPOINTMENT OF AN INTERIM CITY MANAGER: Appoint an Interim
City Manager upon the retirement of Mr. David T. Harden. (Commissioner Jacquet left
the dais. Motion to appoint Douglas Smith as In terim City Manager with the salary $1,000.00
more than the highest paid department head and that he be returned to his job afterwards;
Approved, 4-0).
I. APPOINTMENT OF PERSON TO FI LL UNEXPIRED TERM FOR SEAT
#1: Appoint a person to fill the unexpired term for Seat #1 until the March 28, 2013
Organizational Meeting. (Commissioner Jacquet returned to the dais; Mayor McDuffie passed
the gavel to Vice-Mayor Carney and left the da is. Motion to appoint Christina Morrison as
Commissioner (Seat#1); Approved, 4-0)
01/03/2013
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J. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint
three (3) regular members and an alternate to serve three (3) year terms ending January
14, 2016 and one (1) alternate member to se rve an unexpired term plus a three (3) year
term ending January 14, 2016 to the Code Enforcement Board. Based upon the rotation
system, the appointments will be made by Commissioner Jacquet (Seat #2),
Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat
#5) and Commissioner Carney (Seat #1). (Appointed Jason Dollard and approved 4-0;
Appointed Ronald Gilinsky and approved 4-0; Appointed Kevin Homer and approved 4-0.
Mayor McDuffie returned to the dais for his appointment. Appointed Deanna Longo and
approved 5-0. Commissioner Carney deferred hi s appointment to the January 15, 2013 Regular
Meeting)
K. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1)
student member to the Police Advisory Boar d to serve an unexpired term ending July
31, 2013. Based upon the rotation system, the appointment will be made by
Commissioner Gray (Seat #4). (Appointed Ryan Longo and approved 5-0)
11. PUBLIC HEARINGS:
A. ORDINANCE NO.41-12 (SECOND READING/SECOND PUBLIC
HEARING): Consider a privately-initiated rezoning request from Planned Office
Center (POC) to Special Activities Distri ct (SAD) for Delray Place, located at the
southeast corner of Linton Boulevard and South Federal Highway. (Quasi-Judicial
Hearing) (THE APPLICANT HAS REQUESTED THAT THIS ITEM BE
DEFERRED) (Motion to defer; Approved, 5-0)
B. 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 Residential) for the properties located on the
north and south sides of Bermuda Gardens Road. (Quasi-Judicial Hearing) (Motion
to approve; Approved, 5-0)
C. ORDINANCE NO. 44-12: Consider an ordinance calling for a referendum to be held
on March 12, 2013, proposing to the electorate of the City that the City Commission be
authorized to grant a property tax exemption to certain qualified businesses pursuant to
Section 3, Article VII of the State Consti tution; providing for submission of the
proposed ballot question to the electors of the City; setting forth the form of the
question to be voted upon at such election. (Motion to approve; Approved, 5-0)
12. FIRST READINGS:
A. None
01/03/2013
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13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
** Upon adjournment of the Regular City Co mmission Meeting, the Swearing-In Ceremony
will be held for the Mayor and Commission Seat #1.
POSTED: DECEMBER 28, 2012
****** Meeting adjourned at 10:15 p.m. ******