02-05-13 Agenda Results Regular MeetingMicrosoft Word - 02-05-13 Agenda Results Regular Meeting1.doc
City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** City Commission Meeting Tuesday, February 5, 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 the City Manager 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
02/05/2013 -2 -1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor Carney noted Item 5.A., December 11, 2012 Regular Meeting and Item 5.B., January
3, 2013 Regular Meeting, was added to the Approval of Minutes as addendums; Item 8.I., Resolution No. 11-13, was moved to Public Hearings as Item 11.A.1.; Item 8.J., Resolution No. 06-13,
was moved to Presentations as Item 7.D.; Item 8.L., Reimbursement of City Manager Travel Expenses, was added to the Consent Agent as an addendum; Item 8.M.7., Purchase Award/North American
Fire Equipment Company (NAFECO), was not the sole source; Item 10.I., Proposal/Eastman Aggregate Enterprises, LLC., updated information is on the dais. Approved as amended, 5-0) 5. APPROVAL
OF MINUTES: A. December 11, 2012 – Regular Meeting (ADDENDUM) (Approved, 5-0) B. January 3, 2013 – Regular Meeting (ADDENDUM) (Approved, 5-0) 6. PROCLAMATIONS: A. Recognizing 2-1-1 Awareness
Week – February 11-17, 2013 7. PRESENTATIONS: A. RESOLUTION NO. 07-13: Approve Resolution No. 07-13 recognizing and commending James Tabeek for 30 years of dedicated service to the City
of Delray Beach. (Approved, 5-0) B. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation C. 2013 Beach Renourishment
Project Presentation D. RESOLUTION NO. 06-13: Approve Resolution No. 06-13; supporting the Palm Beach County Guardian Ad Litem Program. (Approved, 5-0) 8. CONSENT AGENDA: City Manager
Recommends Approval. (Approved, 5-0) A. FINAL SUBDIVISION PLAT APPROVAL/VILLAGE SQUARE AT DELRAY BEACH: Approve a proposed residential development that includes 252 units being platted
as Village Square at Delray Beach located at the Southeast corner of S.W. 7th Street and Auburn Avenue.
02/05/2013 -3 -B. REQUEST FOR A SIDEWALK DEFERRAL/1041 SEASPRAY AVENUE: Approve an agreement to defer installing a sidewalk in front of the property located at 1041 Seaspray Avenue.
C. FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT: COMMUNITY REDEVELOPMENT AGENCY (CRA)/IRRIGATION AND MAINTENANCE OF LANDSCAPING FOR DELRAY BEACH GATEWAY FEATURE PROJECT: Approve First
Amendment to the Interlocal Agreement with the Community Redevelopment Agency (CRA) to provide funding for the irrigation and landscaping maintenance associated with the streetscape
beautification project known as the West Atlantic Avenue Gateway Feature. D. CONSENT TO ASSIGNMENT/CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) TO STANTEC CONSULTING SERVICES,
INC.: Approve Consent to Assignment with Corzo Castella Carballo Thompson Salman, P.A. (C3TS) to Stantec Consulting Services, Inc. E. SERVICE AUTHORIZATION NO. 12.01.1/MATHEWS CONSULTING,
INC.: Approve Service Authorization No. 12.01.1 with Mathews Consulting, Inc. in the amount of $47,987.00 for construction administration and specialty inspection services, for the Congress
Avenue Force Main Replacement Project. Funding is available from 442-5178-536-68.89 (Water & Sewer Renewal & Replacement Fund: Improvements Other/Congress Avenue Force Main Replacement).
F. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: ONBOARD MOBILE GATEWAY: Approve an Interlocal Agreement with Palm Beach County in the amount of $64,076.70 for the purchase of onboard Mobile-Gateway
(oMG) wireless networking platform to be installed and utilized on all Advanced Life Support (ALS) units. Funding is available from 001-2315-526-64.90 (General Fund: Machinery/Equipment/Other
Machinery/Equipment) and 001-2315-526-52.16 (General Fund: Operating Supplies/EMS Supplies). G. HOUSING REHABILITATION GRANT /CONTRACT AWARD: Award one (1) Housing Rehabilitation contract
through the Community Development Block Grant (CDBG) to the lowest responsive bidder, Built Solid Construction, LLC for 1009 N.W. 3rd Terrace in the amount of $28,821.92. Funding is
available from 118-1963-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). H. MUTUAL AID AGREEMENT/PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES: Approval
to renew a Mutual Aid Agreement with subscribing law enforcement agencies in Palm Beach County to voluntarily cooperate and assist other law enforcement agencies in Palm Beach County
on routine law enforcement matters across jurisdictional lines.
02/05/2013 -4 -I. (MOVED TO ITEM 11.A.1. ON THE PUBLIC HEARINGS) J. (MOVED TO ITEM 7.D. ON PRESENTATIONS) K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and
decisions made by the Land Development Boards for the period January 14, 2013 through February 1, 2013. L. REIMBURSEMENT OF CITY MANAGER TRAVEL EXPENSES: Approve reimbursement of new
City Manager Louie Chapman Jr.’s travel expenses in an amount not to exceed $3,600.00 for trips to Delray Beach prior to April 1, 2013. Funding is available from 001-1211-512-40.20 (General
Fund: Travel & Per Diem/Non-Employee Travel). (ADDENDUM) M. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Alpha Scape Lawn & Landscaping at an annual estimated cost of $25,198.00 for
landscape maintenance of Storm Water Retention Areas and the Improved Water Retention Areas. Funding is available from 448-5416-538-34.90 (Storm Water Utility Fund: Other Operating/Other
Contractual Services). 2. Bid award to Weekly Asphalt and Paving, Inc. in the amount of $39,369.25 for the rehabilitation of CSX Transportation, Inc. (CSXT) railroad crossing located
at S.W. 10th Street. Funding is available from 334-3162-541-46.90 (General Construction Fund: Repair & Maintenance Services/Other Repair/Maintenance Costs). 3. Contract award to A &
A Associates International, Inc. in the amount of $18,158.40 for security services at Pompey Park. Funding is available from 001-4127-572-31.90 (General Fund: professional Services/other
Professional Services). 4. Contract award to Intercounty Engineering, Inc. in the amount of $953,959.00 for the construction of the Congress Avenue Force Main Replacement project. Funding
is available from 442-5178-536-68.89 (Water & Sewer Renewal & replacement Fund: Improvements Other/Congress Avenue Force Main Replacement). 5. Purchase award to Florida Bullet in the
amount of $87,428.50 to purchase ammunition for training, on-duty-use and the S.W.A.T. team. Funding is available from 001-2111-521-52.20 (General Fund: Operating Supplies/General Operation
Supplies) and 001-2115-521-52.19 (General Fund: Operating Supplies/Swat Expenditures). 6. Purchase award to Florida Sports Cycle in the amount of $22,155.00 for three (3) replacement
ATVs for Ocean Rescue. Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery/Equipment/Automotive).
02/05/2013 -5 -7. Purchase award to North American Fire Equipment Company (NAFECO) in the amount of $67,914.33 as a sole provider for the replacement of thirty-three (33) Firefighter
Personnel Protective Equipment (bunker gear). Funding is available from various accounts. 8. Purchase award to Industrial Design Research in the amount of $47,420.00 for four (4) Surveyor
JR standard model movable lifeguard towers. Funding is available from 001-4123-572-63.40 (General Fund: Improvements Other/Recreational Improvements). 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. WAIVER REQUEST/McDONALD’S
RESTAURANT: Consider approval of a waiver request to Land Development Regulations Section 4.6.8, “Lighting”, to allow 47.5 footcandles where a maximum of 12.0 footcandles is allowed
on-site, and 40.2 footcandles where a maximum of 0.25 footcandles is allowed as spillage for the McDonald’s Restaurant located at the northwest corner of West Atlantic Avenue and Military
Trail at 14529 South Military Trail. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) B. WAIVER REQUEST/14TH ANNUAL DELRAY BEACH GARLIC FEST: Consider
approval of a waiver request to Land Development Regulations (LDR) Section 4.6.7(F)(3)(f), Special Event Non-Roadway Banner Signing”, to allow sponsor banners to be hung on the perimeter
fencing of the 14th Annual Delray Beach Garlic Fest site and to allow banners to exceed 20 square feet, from February 7-10, 2013. (Quasi-Judicial Hearing) (Motion to adopt board order
as presented; Approved, 5-0) C. RECONSIDERATION OF A WAIVER REQUEST/LINTCO DEVELOPMENT: Consider a request for reconsideration of a waiver request to reduce the stacking distance from
the required fifty feet (50’) for parking lots with fiftyone (51) or more spaces to twenty-eight feet nine inches (28’9”) at the northern entrance on S.W. 4th Avenue for Lintco Development.
(Motion to bring back to the February 19, 2013 Regular Meeting; Approved, 5-0) D. AMENDMENT NO. 1 (CHANGE ORDER NO. 1)/LAYNE INLINER, LLC.: Consider approval of Amendment No. 1 (C.O.
No. 1) to Layne Inliner, LLC., in the amount of $25,712.00 for the additional installation of a pipe liner at Hyacinth Drive, to line an existing damaged storm water pipe. Funding is
available from 448-5416-538-46.90 (Storm Water Utility Fund: Repair & Maintenance Service/Other Repair/Maintenance Cost). (Motion to approve; Approved, 5-0)
02/05/2013 -6 -E. BID AWARD/ACCURATE EVENT GROUP: Consider approval of a bid award to Accurate Event Group in the amount of $30,409.50 for private security services from February 20,
2013 through March 4, 2013 for the Champions/World Tour Tennis Tournament and authorize staff to negotiate a lower price. Funding is available from 001-4210-575-55.40 (General Fund:
Recreational Supplies/Tennis Tournament). (Motion to approve; Approved, 5-0) F. AGREEMENT/CHRIS EVERT CHARITIES, INC.: Consider approval of a proposed Agreement with Chris Evert Charities,
Inc. for the Annual Chris Evert Pro-Celebrity Tennis Classic. (First motion to approve; Approved 5-0. Commissioner Jacquet withdrew the first motion. Second motion to TAKE NO ACTION.
Approved, 3-2) G. SPECIAL EVENT REQUEST FOR DELRAY BEACH FIREFIGHTER’S AND PARAMEDICS BENEVOLENT: 5K WALK/RUN: Consider approval of a Special Event Permit for the Delray Beach Firefighter’s
and Paramedics Benevolent 5K Walk/Run to be held on Saturday, May 18, 2013 from 5:00 a.m. until approximately 9:00 a.m.; approve a temporary use permit per LDR Section 2.4.6(F) for the
use of Anchor Park and the City right-of-way along Ocean Boulevard from Casuarina to George Bush Boulevard, to waive parking meter fees in Anchor Park and Sandoway lots, and to authorize
staff assistance for providing traffic control, barricading, signage, trash pickup and removal and set up and use of half of the small stage. The estimated cost the event, which the
sponsor is responsible for, is $1,950.00. (Motion to approve; Approved, 5-0) H. REJECTION OF BID PROTEST/AREA 12A -PHASE 1 RECLAIMED WATER SYSTEM.: Consider rejecting a bid protest from
the second lowest bidder, Ric-Man Construction, Inc. on the Area 12A-Phase 1 Reclaimed Water System project. (Motion to approve the bid protest; Denied, 5-0) 1. BID AWARD TO LANZO CONSTRUCTION,
CO., FLORIDA: Consider approval of a bid award to Lanzo Construction, Co., Florida in the amount of $1,470,000.00 for construction of the Area 12A-Phase 1 Reclaimed Water System project.
Funding is available from multiple accounts. (Motion to approve; Approved, 4-1. Commissioner Jacquet dissenting) I. PROPOSAL/EASTMAN AGGREGATE ENTERPRISES, LLC.: Consider approval of
a Proposal with Eastman Aggregate Enterprises, LLC. in the amount not to exceed $138,666.00 for the Hurricane Sandy Mitigation project. Funds for this item will be available in the Beach
Restoration Fund account number 332-4164-572-31.30 after a budget transfer is made. (Motion to approve subject to issuance of notice to proceed; Approved, 5-0) J. MODIFICATION TO THE
AGREEMENT/DR. JOHN FLETEMEYER: Approval of a modification to the Agreement with Dr. John Fletemeyer for Sea Turtle Monitoring through October 31, 2014 to include additional tasks and
costs in the amount of $38,750.00. Funding is available from 332-4164-5172-34.90 (Beach Restoration Fund: Other Contractual Service). (Motion to approve; Approved, 5-0)
02/05/2013 -7 -11. PUBLIC HEARINGS: A. ORDINANCE NO. 01-13: Consider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Section 3.12,
"Procedure" to provide that the requirement for a roll call vote be removed from the Charter and that the voting procedure shall be set forth in the rules of the Commission and that
the votes need not be in the affirmative but there still must be three concurring votes on an item; providing for a referendum on March 12, 2013. (Motion to approve; Approved, 4-1. Commissioner
Jacquet dissenting) 1. RESOLUTION NO. 11-13: Approve Resolution No. 11-13 calling for a Special Election on a Charter change to be held on March 12, 2013, to provide for a referendum
on the Charter change presented in Ordinance No. 01-13; providing that the requirement for a roll call vote be removed from the Charter and that the voting procedure shall be set forth
in the rules of the Commission and that the votes need not be in the affirmative, but there still must be three (3) concurring votes on an item. (Motion to approve; Approved, 4-1. Commissioner
Jacquet dissenting) 12. FIRST READINGS: A. ORDINANCE NO. 02-13: Consider approval to amend Section 91.22, “Prohibiting Dogs in Public Buildings, Places of Business”, in order to allow
service dogs in public buildings or places of business in accordance with the Americans with Disabilities Act. If passed, a public hearing will be held on February 19, 2013. (Motion
to approve; Approved, 5-0) B. ORDINANCE NO. 04-13: Consider an amendment to Ordinance No. 43-11 which revises “Section 1, Designation”, and “Section 2, Requirements of Designation” of
Ordinance No. 43-11, and an amendment to Land Development Regulations (LDR) Section 4.5.1(I)(13), “Local Register of Historic Places”, to provide for a name change to “Historic Fontaine
Fox House Properties” and the revised legal description of the designated boundary. If passed, a public hearing will be held on February 19, 2013. (Commissioner Jacquet left the dais.
Motion to approve; Approved, 4-0. Commissioner Jacquet returned to the dais after the vote) 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission
POSTED: FEBRUARY 1, 2013 ****** Meeting adjourned at 9:10 p.m. ******
02/05/2013
- 2 -
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor Carney noted Item 5.A., De cember 11, 2012 Regular Meeting and
Item 5.B., January 3, 2013 Regular Me eting, was added to th e Approval of Minutes as addendums; Item
8.I., Resolution No. 11-13, was move d to Public Hearings as Item 11.A.1.; Item 8.J., Resolution No. 06-
13, was moved to Presentations as Item 7.D.; Item 8.L., Reimbursement of City Manager Travel
Expenses, was added to the Consent Agent as an addendum; Item 8.M.7., Purchase Award/North
American Fire Equipment Company (NAFECO), was not the sole source; Item 10.I.,
Proposal/Eastman Aggregate Enterprises, LLC., upd ated information is on the dais. Approved as
amended, 5-0)
5. APPROVAL OF MINUTES:
A. December 11, 2012 – Regular Meeting (ADDENDUM) (Approved, 5-0)
B. January 3, 2013 – Regular Meeting (ADDENDUM) (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing 2-1-1 Awareness W eek – February 11-17, 2013
7. PRESENTATIONS:
A. RESOLUTION NO. 07-13: Approve Resolution No. 07-13 recognizing and
commending James Tabeek for 30 years of dedicated service to the City of Delray
Beach. (Approved, 5-0)
B. S.P.I.R.I.T. (Service, Performance, Integ rity, Responsibility, Innovation, Teamwork)
Committee Quarterly Awards Presentation
C. 2013 Beach Renourishment Project Presentation
D. RESOLUTION NO. 06-13: Approve Resolution No. 06-13; supporting the Palm
Beach County Guardian Ad Litem Program. (Approved, 5-0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. FINAL SUBDIVISION PLAT APPROVA L/ VILLAGE SQUARE AT DELRAY
BEACH: Approve a proposed residential development that includes 252 units being
platted as Village Square at Delray Beach located at the Southeast corner of S.W. 7 th
Street and Auburn Avenue.
02/05/2013
- 3 -
B. REQUEST FOR A SIDEWALK DEFERRAL/1041 SEASPRAY AVENUE:
Approve an agreement to defer installing a si dewalk in front of the property located at
1041 Seaspray Avenue.
C. FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT:
COMMUNITY REDEVELOPMENT AGENCY (CRA)/IRRIGATION AND
MAINTENANCE OF LANDSCAPING FOR DELRAY BEACH GATEWAY
FEATURE PROJECT: Approve First Amendment to the Interlocal Agreement with
the Community Redevelopment Agency (CRA) to provide funding for the irrigation and
landscaping maintenance associated with th e streetscape beautification project known as
the West Atlantic Avenue Gateway Feature .
D. CONSENT TO ASSIGNMENT/ CORZO CASTELLA CARBALLO
THOMPSON SALMAN, P.A. (C3TS) TO STANTEC CONSULTING
SERVICES, INC.: Approve Consent to Assignment wi th Corzo Castella Carballo
Thompson Salman, P.A. (C3TS) to Stantec Consulting Services, Inc .
E. SERVICE AUTHORIZATION NO. 12.01.1/ MATHEWS CONSULTING,
INC.: Approve Service Authorization No. 12.01.1 with Mathews Consulting, Inc. in
the amount of $47,987.00 for construction administration and specialty inspection
services, for the Congress Avenue Force Main Replacement Project. Funding is
available from 442-5178-536-68.89 (Wa ter & Sewer Renewal & Replacement Fund:
Improvements Other/Congress Avenue Force Main Replacement).
F. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: ONBOARD
MOBILE GATEWAY: Approve an Interlocal Agreement with Palm Beach County in
the amount of $64,076.70 for the purchase of onboard Mobile-Gateway (oMG) wireless
networking platform to be installed and utilized on all Advanced Life Support (ALS)
units. Funding is available from 001-2315-526-64.90 (General Fund:
Machinery/Equipment/Other Machinery/ Equipment) and 001-2315-526-52.16
(General Fund: Operating Supplies/EMS Supplies).
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, Bu ilt Solid Construction, LLC for 1009 N.W.
3 rd Terrace in the amount of $28,821.92. Fund ing is available from 118-1963-554-49.19
(Neighborhood Services: Other Current Charges/Housing Rehabilitation).
H. MUTUAL AID AGREEMENT/PALM BEACH COUNTY LAW
ENFORCEMENT AGENCIES: Approval to renew a Mutual Aid Agreement with
subscribing law enforcement agencies in Palm Beach County to voluntarily cooperate
and assist other law enforcement agencies in Palm Beach County on routine law
enforcement matters across jurisdictional lines.
02/05/2013
- 4 -
I. (MOVED TO ITEM 11.A.1. ON THE PUBLIC HEARINGS)
J. (MOVED TO ITEM 7.D. ON PRESENTATIONS)
K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
January 14, 2013 through February 1, 2013.
L. REIMBURSEMENT OF CITY MANAGER TRAVEL EXPENSES: Approve
reimbursement of new City Manager Louie Chapman Jr.’s travel expenses in an amount
not to exceed $3,600.00 for trips to Delray Beach prior to April 1, 2013. Funding is
available from 001-1211-512-40.20 (General Fund : Travel & Per Diem/Non-Employee
Travel). (ADDENDUM)
M. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Alpha Scape Lawn & Landscap ing at an annual estimated cost of
$25,198.00 for landscape maintenance of Storm Water Retention Areas and the
Improved Water Retention Areas. Fundin g is available from 448-5416-538-
34.90 (Storm Water Utility Fund: Other Operating/Other Contractual Services).
2. Bid award to Weekly Asphalt and Paving , Inc. in the amount of $39,369.25 for
the rehabilitation of CSX Transportation, Inc. (CSXT) railroad crossing located
at S.W. 10 th Street. Funding is available fr om 334-3162-541-4 6.90 (General
Construction Fund: Repair & Maintenance Services/Other Repair/Maintenance
Costs).
3. Contract award to A & A Associates International, Inc. in the amount of
$18,158.40 for security services at Pomp ey Park. Funding is available from 001-
4127-572-31.90 (General Fund: profe ssional Services/other Professional
Services).
4. Contract award to Intercounty Engineering, Inc. in the amount of $953,959.00
for the construction of the Congress Avenue Force Main Replacement project.
Funding is available from 442-5178-536-68.89 (Water & Sewer Renewal &
replacement Fund: Improvements Other/Congress Avenue Force Main
Replacement).
5. Purchase award to Florida Bullet in the amount of $87,428.50 to purchase
ammunition for training, on-duty-use and the S.W.A.T. team. Funding is
available from 001-2111-521-52.20 (General Fund: Operating Supplies/General
Operation Supplies) and 001-2115-521 -52.19 (General Fund: Operating
Supplies/Swat Expenditures).
6. Purchase award to Florida Sports Cycle in the amount of $22,155.00 for three
(3) replacement ATVs for Ocean Rescue. Funding is available from 501-3312-
591-64.20 (Garage Fund: Machinery/Equipment/Automotive).
02/05/2013
- 5 -
7. Purchase award to North American Fi re Equipment Company (NAFECO) in
the amount of $67,914.33 as a sole prov ider for the replacement of thirty-three
(33) Firefighter Personnel Protective E quipment (bunker gear). Funding is
available from various accounts.
8. Purchase award to Industrial Design Re search in the amount of $47,420.00 for
four (4) Surveyor JR standard model movable lifeguard towers . Funding is available
from 001-4123-572-63.40 (General Fu nd: Improvements Other/Recreational
Improvements).
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. WAIVER REQUEST/McDONALD’S RESTAURANT: Consider approval of a
waiver request to Land Development Regu lations Section 4.6.8, “Lighting”, to allow
47.5 footcandles where a maximum of 12.0 footcandles is allowed on-site, and 40.2
footcandles where a maximum of 0.25 footcandles is allowed as spillage for the
McDonald’s Restaurant located at the north west corner of West Atlantic Avenue and
Military Trail at 14529 South Military Trail. (Quasi-Judicial Hearing) (Motion to adopt
board order as presented; Approved, 5-0)
B. WAIVER REQUEST/14 TH ANNUAL DELRAY BEACH GARLIC FEST:
Consider approval of a waiver request to Land Development Regulations (LDR)
Section 4.6.7(F)(3)(f), Special Event Non-Ro adway Banner Signing”, to allow sponsor
banners to be hung on the perimeter fencing of the 14 th Annual Delray Beach Garlic
Fest site and to allow banne rs to exceed 20 square f eet, from February 7-10, 2013.
(Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0)
C. RECONSIDERATION OF A WAIVER REQUEST/LINTCO
DEVELOPMENT: Consider a request for reconsideration of a waiver request to
reduce the stacking distance from the required fifty feet (50’) for parking lots with fifty-
one (51) or more spaces to twenty-eight feet nine inches (28’9”) at the northern
entrance on S.W. 4 th Avenue for Lintco Development. (Motion to bring back to the
February 19, 2013 Regular Meeting; Approved, 5-0)
D. AMENDMENT NO. 1 (CHANGE ORDER NO. 1)/ LAYNE INLINER, LLC.:
Consider approval of Amendment No. 1 (C.O. No. 1) to Layne Inliner, LLC., in the
amount of $25,712.00 for the addi tional installation of a pipe liner at Hyacinth Drive, to
line an existing damaged storm water pipe . Funding is available from 448-5416-538-
46.90 (Storm Water Utility Fund: Repair & Maintenance Service/Other
Repair/Maintenance Cost). (Motion to approve; Approved, 5-0)
02/05/2013
- 6 -
E. BID AWARD/ACCURATE EVENT GROUP: Consider approval of a bid award
to Accurate Event Group in the amount of $3 0,409.50 for private security services from
February 20, 2013 through March 4, 20 13 for the Champions/World Tour Tennis
Tournament and authorize staff to negotiate a lower price. Funding is available from
001-4210-575-55.40 (General Fund: Recr eational Supplies/Tennis Tournament).
(Motion to approve; Approved, 5-0)
F. AGREEMENT/CHRIS EVERT CHARITIES, INC.: Consider approval of a
proposed Agreement with Chris Evert Chariti es, Inc. for the Annual Chris Evert Pro-
Celebrity Tennis Classic. (First motion to approve; Approved 5-0. Commissioner Jacquet
withdrew the first motion. Second motion to TAKE NO ACTION . Approved, 3-2)
G. SPECIAL EVENT REQUEST FOR DELRAY BEACH FIREFIGHTER’S
AND PARAMEDICS BENEVOLENT: 5K WALK/RUN: Consider approval of a
Special Event Permit for the Delray Beach Fi refighter’s and Paramedics Benevolent 5K
Walk/Run to be held on Saturday, May 18, 2013 from 5:00 a.m. until approximately
9:00 a.m.; approve a temporary use permit per LDR Section 2.4.6(F) for the use of
Anchor Park and the City right-of-way al ong Ocean Boulevard from Casuarina to
George Bush Boulevard, to waive parking m eter fees in Anchor Park and Sandoway
lots, and to authorize staff assistance for prov iding traffic control, barricading, signage,
trash pickup and removal and set up and use of half of the small stage. The estimated
cost the event, which the sponsor is responsible for, is $1,950.00. (Motion to approve;
Approved, 5-0)
H. REJECTION OF BID PROTEST/ AR EA 12A - PHASE 1 RECLAIMED
WATER SYSTEM.: Consider rejecting a bid protest from the second lowest bidder,
Ric-Man Construction, Inc. on the Area 12 A-Phase 1 Reclaimed Water System project .
(Motion to approve the bid protest; Denied, 5-0)
1. BID AWARD TO LANZO CONSTRUCTION, CO., FLORIDA:
Consider approval of a bid award to La nzo Construction, Co., Florida in the
amount of $1,470,000.00 for constructi on of the Area 12A-Phase 1 Reclaimed
Water System project. Funding is available from multiple accounts. (Motion to
approve; Approved, 4-1. Commissioner Jacquet dissenting)
I. PROPOSAL/EASTMAN AGGREGATE ENTERPRISES, LLC.: Consider
approval of a Proposal with Eastman Aggreg ate Enterprises, LLC. in the amount not to
exceed $138,666.00 for the Hurricane Sandy Mitigation project. Funds for this item will
be available in the Beach Restoration Fund account number 332-4164-572-31.30 after a
budget transfer is made. (Motion to approve subject to issuance of notice to proceed;
Approved, 5-0)
J. MODIFICATION TO THE AGREEMENT/DR. JOHN FLETEMEYER:
Approval of a modification to the Agreem ent with Dr. John Fletemeyer for Sea Turtle
Monitoring through October 31, 2014 to include additional tasks and costs in the
amount of $38,750.00. Funding is ava ilable from 332-4164-5172-34.90 (Beach
Restoration Fund: Other Contractual Service). (Motion to approve; Approved, 5-0)
02/05/2013
- 7 -
11. PUBLIC HEARINGS:
A. ORDINANCE NO. 01-13: Consider calling for a referendum on proposed revisions
to the Charter of the City of Delray Be ach to amend Section 3.12, "Procedure" to
provide that the requirement for a roll call vote be removed from the Charter and that
the voting procedure shall be set forth in the rules of the Commission and that the
votes need not be in the affirmative but there still must be three concurring votes on an
item; providing for a referendum on March 12, 2013. (Motion to approve; Approved, 4-1.
Commissioner Jacquet dissenting)
1. RESOLUTION NO. 11-13: Approve Resolution No. 11-13 calling for a
Special Election on a Charter change to be held on March 12, 2013, to provide
for a referendum on the Charter change presented in Ordinance No. 01-13;
providing that the requirement for a ro ll call vote be removed from the Charter
and that the voting procedure shall be set forth in the rules of the Commission
and that the votes need not be in the affi rmative, but there still must be three (3)
concurring votes on an item. (Motion to approve; Approved, 4-1. Commissioner
Jacquet dissenting)
12. FIRST READINGS:
A. ORDINANCE NO. 02-13: Consider approval to amend Section 91.22, “Prohibiting
Dogs in Public Buildings, Places of Business”, in order to allow service dogs in public
buildings or places of business in accordan ce with the Americans with Disabilities Act.
If passed, a public hearing will be held on February 19, 2013 . (Motion to approve;
Approved, 5-0)
B. ORDINANCE NO. 04-13: Consider an amendment to Ordinance No. 43-11 which
revises “Section 1, Designation”, and “Secti on 2, Requirements of Designation” of
Ordinance No. 43-11, and an amendment to Land Development Regulations (LDR)
Section 4.5.1(I)(13), “Local Register of Histor ic Places”, to provide for a name change
to “Historic Fontaine Fox House Properties” and the revised legal description of the
designated boundary. If passed, a public hearing will be held on February 19, 2013 .
(Commissioner Jacquet left the dais. Motion to approve; Approved, 4-0. Commissioner Jacquet
returned to the dais after the vote)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: FEBRUARY 1, 2013
****** Meeting adjourned at 9:10 p.m. ******