03-05-13 Agenda Results Regular MeetingMicrosoft Word - 03-05-13 Agenda Results Regular Meeting.doc
City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** City Commission Meeting Tuesday, March 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
03/05/2013 -2 -1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor Carney noted Item 8.B., Service Authorization No. 07-17.3/Mathews Consulting,
Inc.,/Reclaimed Water Area was moved to the Regular Agenda as Item 10.A.A. Approved as amended, 5-0) 5. APPROVAL OF MINUTES: A. February 5, 2013 – Regular Meeting (Approved, 5-0) 6.
PROCLAMATIONS: A. Recognizing and commending Xi Pi Omega Chapter of Alpha Kappa Alpha Sorority, Inc., for dedicated service to the City of Delray Beach 7. PRESENTATIONS: A. None 8. CONSENT
AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0) A. ACCEPTANCE OF A WATER EASEMENT DEED/HARBOR PLAZA FRESH MARKET: Approve and accept a water easement deed for a
water main at Harbor Plaza Fresh Market located at 1725 South Federal Highway. B. SERVICE AUTHORIZATION NO. 07-17.3/MATHEWS CONSULTING, INC./RECLAIMED WATER AREA: Approve Service Authorization
No. 07-17.3 to Mathews Consulting, Inc., in the amount of $64,118.00 for construction administration and specialty inspection services, for the Reclaimed Water, Area 12A. Funding is
available from 441-5161-536-68.73 (Water and Sewer Fund: Improvements Other/Reclaim Water, Area 12A). C. REVISED TRIPARTITE AND INTERLOCAL AGREEMENT: CITY OF DELRAY BEACH/SCHOOL BOARD
OF PALM BEACH COUNTY/ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES (ACCF): Approve a revised Tripartite and Interlocal Agreement between the City of Delray Beach, the School Board of
Palm Beach County and Achievement Centers for Children and Families (ACCF) to provide for the funding and operation of a pilot summer camp program with reading enhancements to help further
third grade reading proficiency through the campaign for grade level reading.
03/05/2013 -3 -D. REVISIONS TO THE RULES AND REGULATIONS: HISTORIC PRESERVATION BOARD: Approve revisions to the Rules and Regulations of the Historic Preservation Board (HPB). E. REVISIONS
TO THE GENERAL RULES OF PROCEDURE: CODE ENFORCEMENT BOARD: Approve revisions made by the Code Enforcement Board to their General Rules of Procedure. F. MODIFICATIONS TO THE COMMISSION
RULES OF PROCEDURE: Approve modifications to the Commission Rules of Procedure to provide that the public may comment on any item, agendaed or non-agendaed, and such comment shall begin
after the “Proclamation and Presentation” portion of the agenda. G. VISION 2020 FORUM: Approve a budget allocation at an estimated amount of $10,800.00 to fund the Vision 2020 Forum,
a one-day event scheduled for March 23, 2013, from 8:00 a.m. to 4:00 p.m. at the Delray Beach Marriott hotel. Funding is available from 001-1111-511-48.10 (General Fund: Promotional
Activities/Special Events). H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 18, 2013
through March 1, 2013. I. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Line-Tec, Inc. in an amount not to exceed $62,000.00 for services relating to flushing fire hydrants. Funding
is available from 441-5123-536-34.90 (Water and Sewer Fund: Other Contractual Services) and 442-5178-536-46.26 (Water and Sewer Renewal & Replacement Fund: Repair & Maintenance Service/Hydrant
Flushing Contract FY2013). 2. Purchase award to Sentry Industries in the amount of $170,000.00 for the purchase and delivery of Sodium Hypochlorite on an “as needed” basis for remote
booster station locations. Funding is available from 441-5122-536.52-21 (Water and Sewer Fund: Operating Supplies/Chemicals). 3. Purchase award to Carbone’s Custom Firearms in the amount
of $35,997.75 for purchase of weapons for the S.W.A.T. team. Funding is available from 115-2112-521-64.90 (Special Projects Fund: Machinery/Equipment/Other Machinery/Equipment). 4. Purchase
award to Contemporary Control & Communications, Inc. in the amount of $29,901.57 for the purchase of Irrinet-M Irrigation Control Systems for North Federal Highway, South Federal Highway,
and North Swinton Avenue. Funding is available from 119-4144-572-64.90 (Beautification Trust Fund: Machinery/Equipment/Other Machinery/Equipment) and 119-4151-572-64.90 (Beautification
Trust Fund: Machinery/Equipment/Other Machinery/Equipment).
03/05/2013 -4 -5. Purchase award to Ag-Tronix in the amount of $20,015.00 for one (1) ICC Computer Irrigation Control System and four (4) Irrinet-M Irrigation Control Systems to monitor
the irrigation system for Mangrove Park, the grounds adjacent to the Old School Square Parking Garage, South Swinton, and Cason Cottage. Funding is available from 119-4151-572-64.90
(Beautification Trust Fund: Machinery/Equipment/Other Machinery/Equipment) and 001-4131-572-64.90 (General Fund: Machinery/Equipment/Other Machinery/Equipment). 6. Purchase award to
CDW Government in the amount of $78,806.56 to replace network switches. Funding is available from 334-6111-519-62.45 (General Construction Fund: Capital Outlay/Data Cabling). 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/45TH ANNUAL ST. PATRICK’S DAY PARADE: 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 banners to exceed 20 square feet on March 15 & 16, 2013 on the perimeter fencing on the south side of the museum on the grounds of the Delray Beach Center for
the Arts for the St. Patrick’s Day Party and Parade. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) B. WAIVER REQUEST/51ST ANNUAL DELRAY AFFAIR: 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 banners to exceed 20 square feet on April
5 -7, 2013 within the site of the Delray Affair. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) C. DISCUSSION OF VALET PARKING RECOMMENDATIONS: Provide
direction regarding modifications to the S.E. 2nd Avenue valet queue in an attempt to mitigate traffic congestion in the area. (It was the consensus of the Commission to direct the City
Manager to assign an off-duty officer to that area per agreement. Motion to take no action; Approved, 5-0) D. PROPOSAL FOR SETTLEMENT IN DENISE RYDZEWSKI v. CITY OF DELRAY BEACH: Consider
a Proposal for Settlement in the total amount of $30,000.00 in Denise Rydzewski v. City of Delray Beach. Staff recommends denial. (Motion to approve; Denied, 5-0)
03/05/2013 -5 -E. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL BOARD: Appoint one (1) regular member to serve an unexpired term ending July 31, 2014 to the Neighborhood Advisory
Council Board. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). (Appointed Shirl Fields and approved, 5-0) F. APPOINTMENT TO THE POLICE
ADVISORY BOARD: Appoint one (1) regular member to serve an unexpired term plus a two (2) year term ending July 31, 2015 to the Police Advisory Board. Based upon the rotation system,
the appointment will be made by Commissioner Morrison (Seat #1). (Appointed Francis Marincola and approved, 5-0) G. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) regular
member to serve an unexpired term plus a two (2) year term ending July 31, 2015 to the Financial Review Board. Based upon the rotation system, the appointment will be made by Mayor Carney
(Seat #5). (Appointed Jeff Ritter and approved, 5-0) 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) B. ORDINANCE NO. 05-13 (SECOND READING/SECOND PUBLIC HEARING): Consider approval of a privately initiated amendment to the
Land Development Regulations (LDR) Section 4.3.4(J)(4), "Increases to Height Regulations", Subsection (b), "Allowances", to allow an increase in building height to be considered for
the Delray Medical Center, located at 5352 Linton Boulevard. (Motion to approve; Approved, 5-0) C. ORDINANCE NO. 03-13: Consider approval to provide for the designation of a property
located at 170 Marine Way as “The Marina House” to the Local Register of Historic Places. (Motion to approve; Approved, 5-0) 12. FIRST READINGS: A. None 13. COMMENTS AND INQUIRIES ON
NON-AGENDA ITEMS. A. City Manager (It was the consensus of the Commission to cancel the March 6, 2013 Workshop Meeting until after the new City Manager comes) B. City Attorney
03/05/2013 -6 -C. City Commission POSTED: MARCH 1, 2013 ****** Meeting adjourned at 7:32 p.m. ******
03/05/2013
- 2 -
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor Carney noted Item 8.B., Service Authorization No. 07-17.3/
Mathews Consulting, Inc.,/ Reclaimed Water Area was moved to the Regular Agenda as Item 10.A.A.
Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
A. February 5, 2013 – Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing and commending Xi Pi Omega Chapter of Alpha Kappa Alpha
Sorority, Inc., for dedicated service to the City of Delray Beach
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. ACCEPTANCE OF A WATER EASE MENT DEED/ HARBOR PLAZA
FRESH MARKET: Approve and accept a water easement deed for a water main at
Harbor Plaza Fresh Market located at 1725 South Federal Highway.
B. SERVICE AUTHORIZATION NO. 07-17.3/MATHEWS CONSULTING,
INC./ RECLAIMED WATER AREA: Approve Service Authorization No. 07-17.3
to Mathews Consulting, Inc., in the am ount of $64,118.00 for construction
administration and specialty inspection services, for the Reclaimed Water, Area 12A.
Funding is available from 441-5161-536-68.73 (Water and Sewer Fund: Improvements
Other/Reclaim Water, Area 12A).
C. REVISED TRIPARTITE AND INTERLOCAL AGREEMENT: CITY OF
DELRAY BEACH/ SCHOOL BOAR D OF PALM BEACH COUNTY/
ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES (ACCF):
Approve a revised Tripartite and Interlocal Agreement between th e City of Delray
Beach, the School Board of Palm Beach Cou nty and Achievement Centers for Children
and Families (ACCF) to provide for the funding and operation of a pilot summer camp
program with reading enhancements to help further third grade reading proficiency
through the campaign for grade level reading.
03/05/2013
- 3 -
D. REVISIONS TO THE RULES AND REGULATIONS: HISTORIC
PRESERVATION BOARD: Approve revisions to the Rules and Regulations of the
Historic Preservation Board (HPB).
E. REVISIONS TO THE GENERAL RU LES OF PROCEDURE: CODE
ENFORCEMENT BOARD: Approve revisions made by the Code Enforcement
Board to their General Rules of Procedure.
F. MODIFICATIONS TO THE COMMISSION RULES OF PROCEDURE:
Approve modifications to the Commission Ru les of Procedure to provide that the
public may comment on any item, agendaed or non-agendaed, and such comment shall
begin after the “Proclamation and Pr esentation” portion of the agenda.
G. VISION 2020 FORUM: Approve a budget allocation at an estimated amount of
$10,800.00 to fund the Vision 2020 Forum, a one-day event scheduled for March 23,
2013, from 8:00 a.m. to 4:00 p.m. at the Delray Beach Marriott hotel. Funding is
available from 001-1111-511-48.10 (Gener al Fund: Promotional Activities/ Special
Events).
H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
February 18, 2013 through March 1, 2013.
I. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Line-Tec, Inc. in an amount not to exceed $62,000.00 for
services relating to flushing fire hydran ts. Funding is available from 441-5123-
536-34.90 (Water and Sewer Fund: Other Contractual Services) and 442-5178-
536-46.26 (Water and Sewer Renewal & Replacement Fund: Repair &
Maintenance Service/Hydrant Flushing Contract FY2013).
2. Purchase award to Sentry Industries in the amount of $170,000.00 for the
purchase and delivery of Sodium Hypochlorite on an “as needed” basis for
remote booster station locations. Funding is available from 441-5122-536.52-21
(Water and Sewer Fund: Operating Supplies/Chemicals).
3. Purchase award to Carbone’s Cust om Firearms in the amount of
$35,997.75 for purchase of weapons for th e S.W.A.T. team. Funding is available
from 115-2112-521-64.90 (Special Proj ects Fund: Machinery/Equipment/Other
Machinery/ Equipment).
4. Purchase award to Contemporary Control & Communications, Inc. in the
amount of $29,901.57 for the purchase of Irrinet-M Irrigation Control Systems
for North Federal Highway, South Fe deral Highway, and North Swinton
Avenue. Funding is available from 1 19-4144-572-64.90 (Beautification Trust
Fund: Machinery/Equipment/Other Machinery/Equipment) and 119-4151-
572-64.90 (Beautification Trust Fund: Machinery/Equipment/Other
Machinery/Equipment).
03/05/2013
- 4 -
5. Purchase award to Ag-Tronix in the amount of $20,015.00 for one (1) ICC
Computer Irrigation Control System and four (4) Irrinet-M Irrigation Control
Systems to monitor the irrigation system for Mangrove Park, the grounds
adjacent to the Old School Square Park ing Garage, South Swinton, and Cason
Cottage. Funding is available from 119-4151-572-64.90 (Beautification Trust
Fund: Machinery/Equipment/Other Machinery/Equipment) and 001-4131-
572-64.90 (General Fund: Machinery/Equipment/Other Machinery/
Equipment).
6. Purchase award to CDW Government in the amount of $78,806.56 to replace
network switches. Funding is available from 334-6111-519-62.45 (General
Construction Fund: Capital Outlay/Data Cabling).
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/45 TH ANNUAL ST. PATRICK’S DAY PARADE: 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 banners to
exceed 20 square feet on March 15 & 16, 2013 on the perimeter fencing on the south
side of the museum on the grounds of the Delray Beach Center for the Arts for the St.
Patrick’s Day Party and Parade. (Quasi-Judicial Hearing) (Motion to adopt board order
as presented; Approved, 5-0)
B. WAIVER REQUEST/51 ST ANNUAL DELRAY AFFAIR: Consider approval of a
waiver request to Land Development Regula tions (LDR) Section 4.6.7(F)(3)(f), “Special
Event Non-Roadway Banner Signing”, to allow banners to exceed 20 square feet on
April 5 - 7, 2013 within the site of the Delray Affair. (Quasi-Judicial Hearing)
(Motion to adopt board order as presented; Approved, 5-0)
C. DISCUSSION OF VALET PARKING RECOMMENDATIONS: Provide
direction regarding modifications to the S.E. 2 nd Avenue valet queue in an attempt to
mitigate traffic congestion in the area. (It was the consensus of th e Commission to direct the
City Manager to assign an off-duty officer to that area per agreement. Motion to take no action;
Approved, 5-0)
D. PROPOSAL FOR SETTLEMENT IN DE NISE RYDZEWSKI v. CITY OF
DELRAY BEACH: Consider a Proposal for Settlement in the total amount of
$30,000.00 in Denise Rydzewski v. City of Delray Beach. Staff recommends denial.
(Motion to approve; Denied, 5-0)
03/05/2013
- 5 -
E. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL
BOARD: Appoint one (1) regular member to serve an unexpired term ending July 31,
2014 to the Neighborhood Advisory Council Board. Based upon the rotation system,
the appointment will be made by Commissioner Frankel (Seat #3). (Appointed Shirl
Fields and approved, 5-0)
F. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1)
regular member to serve an unexpired term plus a two (2) year term ending July 31,
2015 to the Police Advisory Board. Base d upon the rotation system, the appointment
will be made by Commissioner Morrison (Seat #1). (Appointed Francis Marincola and
approved, 5-0)
G. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1)
regular member to serve an unexpired term plus a two (2) year term ending July 31,
2015 to the Financial Review Board. Based upon the rotation system, the appointment
will be made by Mayor Carney (Seat #5). (Appointed Jeff Ritter and approved, 5-0)
11. PUBLIC HEARINGS:
A. ORDINANCE NO. 01-13: Consider calling for a referendum on proposed revisions
to the Charter of the City of Delray Beac h 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)
B. ORDINANCE NO. 05-13 (SECON D READING/SECOND PUBLIC
HEARING): Consider approval of a privately initiated amendment to the Land
Development Regulations (LDR) Section 4.3.4(J )(4), "Increases to Height Regulations",
Subsection (b), "Allowances", to allow an increase in building height to be considered
for the Delray Medical Center, lo cated at 5352 Linton Boulevard. (Motion to approve;
Approved, 5-0)
C. ORDINANCE NO. 03-13: Consider approval to provide for the designation of a
property located at 170 Marine Way as “The Marina House” to the Local Register of
Historic Places. (Motion to approve; Approved, 5-0)
12. FIRST READINGS:
A. None
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager (It was the consensus of the Commission to cancel the March 6, 2013 Workshop
Meeting until after the new City Manager comes)
B. City Attorney
03/05/2013
- 6 -
C. City Commission
POSTED: MARCH 1, 2013
****** Meeting adjourned at 7:32 p.m. ******