05-07-13 Agenda Results Regular MeetingCity of Delray Beach
Regular Commission Meeting
** *AGENDA RESULTS * **
Tuesday, May 7, 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: 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,
presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated.
Public comment shall be allowed as follows:
A. Comments and Inquiries on Non - Agenda and Agenda Items (excluding public hearing or quasi-judicial
hearing 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.
B. Public Hearings /Quasi - Judicial Hearings: Any citizen is entitled to speak on items under these sections at
the time these items are heard by the Commission.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission
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. 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
www.mvdeiraybeach.com
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. March 14, 2013 — Special /Workshop Meeting (Approved, 5 -0)
B. April 2, 2013 — Regular Meeting (Approved as amended, 5 -0)
C. April 9, 2013 — Special /Workshop Meeting (Approved, 5 -0)
5. PRESENTATIONS:
A. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork)
Committee Quarterly Awards Presentation
6. COMMENTS AND INQUIRIES ON AGENDA AND NON - AGENDA ITEMS
FROM THE PUBLIC IMMEDIATELY FOLLOWING PRESENTATIONS:
A. City Manager's response to prior public comments and inquiries
B. From the Public
7. AGENDA APPROVAL. (Mayor Glickstein noted Item 8.L, Service Authorization No. 12.-
04 /1,,'imley -Horn and Associates, Inc., was moved to the Regular Agenda as Item 9.A.A., Item 8J.,
Amendment No. 2 to the Interlocal Agreement/ Community Redevelopment Agency (CRA): Funding
of Construction Professional Services was moved to the Regular Agenda as Item 9.A.A.A., Item 8.K.,
Reject All Bids for Osceola Park Alleys — Phase I Project, was moved to the Regular Agenda as Item
9.A.A.A.A., Item 8.N., Community Development Block Grant (CDBG) Revolving Loan Fund
Guidelines, was moved to the Regular Agenda as Item 9.A.A.A.A.A.; and Item 8.T., Proposed Change to
the Commission Rules of Procedure, was moved to the Regular Agenda as Item 9.A.A.A.A.A.A.
Approved as amended, 5 -0).
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 April 18, 2013.
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B. FINAL SUBDIVISION PLAT APPROVAL /SOUTH COUNTY
COURTHOUSE COMPLEX EXPANSION: Approve a final plat for a 3.827 acre
subdivision known as South Courthouse Complex Expansion for the property located
200 West Atlantic Avenue.
C. RESOLUTION NO. 27 -13: ABANDONMENT OF EASEMENT: MIDTOWN
DELRAY SUBDIVISION: Approve Resolution No. 27 -13 to abandon a 94.41 foot
portion of a 20' wide utility easement located within the plat of Midtown Delray
Subdivision.
D. CONTRACT CLOSEOUT (CHANGE ORDER NO.
1 /FINAL)/ INTERCOUNTY ENGINEERING, INC.: Approve Contract
Closeout (C. 0. No. 1 /Final) in the amount of $21,082.79 decrease and final payment in
the amount of $19,390.76 to Intercounty Engineering, Inc. for completion of the Lift
Station 100A Upgrade Project. Funding is available from 442- 5178 -536-
69.29 (Water /Sewer Renewal & Replacement Fund: Water & Sewer Trans /Storage
Project /Lift Station 100A Capacity Upgrade) and 442 - 5178 - 536 -64.90 (Water/ Sewer
Renewal & Replacement Fund: Machinery /Equipment /Other Machinery /Equipment).
E. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2 /FINAL) /RANDOLPH
& DEWDNEY CONSTRUCTION, INC.: Approve a Contract Closeout (C.O. No.
2 /Final) in the amount of 519,980.77 decrease and a final payment in the amount
of $74,339.75 to Randolph & Dewdney Construction, Inc. for completion of the Fire
Station No. 1 Storm Hardening Project. Funding is available from 118 - 1962- 554 -62.89
(Neighborhood Services: Capital Outlay /Fire Station #1) and 118 - 1962- 554 -64.90
(Neighborhood Services: Capital Outlay /Other Machinery/ Equipment).
F. DEVELOPERS AGREEMENT/ 116 N.E. 7TH STREET: Approve a Developers
Agreement with Gaetan Richards for an in -lieu of sidewalk installation along N.E. 2nd
Avenue for the property located at 116 N.E. 7`'' Street.
G. RIGHT OF WAY DEED ACCEPTANCE /46 S.W. 9TH AVENUE: Accept a
right -of -way deed for the west alley associated with the Community Redevelopment
Agency (CRA) Parking Lot located at 46 S.W. 9d' Avenue.
H. SERVICE AUTHORIZATION NO. 12- 02.1 /CALVIN. GIORDANO AND
ASSOCIATES, INC.: Approve a Service Authorization No. 12 -02.1 with Calvin,
Giordano and Associates, Inc., in the amount of $17,648.70 for additional design
services for the S.E. 2nd Street — Swinton — S.E. 3rd Avenue Project. Funding is available
from 334 - 3162 - 541 -68.30 (General Construction Fund: Other Improvement/ S.E. 2nd
Street — Swinton — S.E. 3rd Avenue).
I. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA)
(MOVED TO ITEM 9.A.A.A. ON THE REGULAR AGENDA)
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SERVICE AUTHORIZATION NO. 12 -02/ WANTMAN GROUP,
INC.: Approve a Service Authorization No. 12 -02 with Wantman Group, Inc.,
in the amount of $149,201.00 for the design of N.E. 2nd Avenue /Seacrest
Beautification Project; contingent upon approval of Amendment No. 2 to the
Interlocal Agreement with the Community Redevelopment Agency (CRA) for
Funding of Construction Professional Services. Funding is available from 334-
3162- 541.68 -78 (General Construction Fund: Other Improvement/ N.E. 2nd
Avenue /Seacrest Beautification).
K. (MOVED TO ITEM 9.A.A.A.A. ON THE REGULAR AGENDA)
L. RESOLUTION NO. 26 -13: Approve Resolution No. 26 -13; supporting a Statewide
ban on texting while driving.
M. SUBORDINATION AGREEMENT/ COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG): MARY WRIGHT: Authorize and approve
subordination of the City's second mortgage in the amount of $22,855.35 to allow the
applicant, Mary Wright to modify her mortgage to reduce her monthly note and interest
rate.
N. (MOVED TO ITEM 9.A.A.A.A.A. ON THE REGULAR AGENDA)
O. AMENDMENT NO. 1 TO THE FUNDING AGREEMENT /COMMUNITY
REDEVELOPMENT AGENCY (CRA) /ECONOMIC DEVELOPMENT
DIRECTOR POSITION: Approve Amendment No. 1 to the Funding Agreement
with the Community Redevelopment Agency (CRA) regarding the funding of the
Economic Development Director position; contingent upon approval of the
Community Redevelopment Agency (CRA).
P. INTERLOCAL AGREEMENT/ COMMUNITY REDEVELOPMENT
AGENCY (CRAB Approve an Interlocal Agreement with the Community
Redevelopment Agency CRA) to install plaque bases at The Elizabeth "Libby" Jackson
Wesley Plaza located at 2 S.W. 5`'' Avenue.
Q. CHANGE ORDER TO PURCHASE AWARD TO OTTO
ENVIRONMENTAL SYSTEMS: Change order to purchase award to Otto
Environmental Systems from $50,000.00 to $56,930.00 for additional hot stamped
garbage carts, lids and wheels to be ordered "as needed ". Funding is available from 433-
3711- 534 -49.90 (Sanitation Fund: Other Current Charges).
R. STATE HOMELAND SECURITY GRANT AGREEMENT: Approve an
Agreement with the Florida Department of Financial Services in the amount $14,765.00
to accept the 2012 Domestic Preparedness Grant from the State Homeland Security
Grant Program to sustain equipment and training for hazardous materials incidents and
incidents involving weapons of mass destruction.
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S. RESOLUTION NO. 28 -13: Approve Resolution No. 28 -13; provide authorization
for the City Manager, Assistant City Manager, Director of Finance and the Assistant
Director of Finance to open accounts, endorse checks, withdraw or transfer funds on
behalf of the City of Delray Beach at any bank or financial institution.
T. (MOVED TO ITEM 9.A.A.A.A.A.A. ON THE REGULAR AGENDA)
U. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
April 15, 2013 through May 3, 2013.
�T. PROCLAMATIONS:
1. Recognizing Carolyn L. Gholston posthumously
2. Better Hearing Month — May 2013
3. National Day of Prayer — May 2, 2013
4. Municipal Clerks Week — May 5 -11, 2013
5. National Kids to Parks Day — May 18, 2013
6. National Safe Boating Week —May 18 -24, 2013
W. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Florida Door Control of Orlando, Inc. in the amount of
$22,974.00 to expand the current security system for the Police Department's
Access Control System. Funding is available from 334 - 2111 - 521 -63.90 (General
Construction Fund: Capital Outlay /Other Improvements).
2. Contract award to Mancil's Tractor Service, Inc., in the amount of $976,734.32
for construction of the S.W. 2nd Street Beautification Project. Funding is
available from 334 - 3162 - 541 -65.95 (General Construction Fund: Capital
Outlay /S.W. 2nd Street Beautification) and 448 - 5461 - 538 -65.95 (Storm Water
Utility Fund: Other Improvements /S.W. 2nd Street Beautification).
3. Contract award to Hinterland Group, Inc. in the amount of $29,750.00 for
rehabilitation of Lift Station #60 located at Delray Medical Center. Funding is
available from 442 - 5178 - 536 -68.15 (Water & Sewer Renewal & Replacement
Fund: Improvements Other /Lift Station Rehabilitation).
9. REGULAR AGENDA:
A.A. SERVICE AUTHORIZATION NO. 12- 04 /KIMLEY -HORN AND
ASSOCIATES, INC.: Approve a Service Authorization No. 12 -04 with Kimley -Horn
and Associates, Inc., in the amount of $46,857.08 for professional services for the South
Swinton — S.W. /S.E. 1" Street Signal Project. Funding is available from 334- 3162 -541-
68.32 (General Construction Fund: Other Improvement/ S. Swinton — S.W. /S.E. 1"
Signal). (Motion to approve; Approved, 5 -0)
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A.A.A. AMENDMENT NO. 2 TO THE INTERLOCAL
AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRAB;
FUNDING OF CONSTRUCTION PROFESSIONAL SERVICES: Approve
Amendment No. 2 to the Interlocal Agreement with the Community Redevelopment
Agency (CRA) for the funding of construction costs and professional services for
certain projects as listed on "Exhibit A" attached to the agreement for FY 2012/2013.
(Motion to approve; Approved, 5 -0)
A.A.A.A. REJECT ALL BIDS FOR OSCEOLA PARK ALLEYS- PHASE 1
PROJECT: Approval to reject all bids for the Osceola Park Alleys — Phase 1 Project,
and proceed with re- advertising the project for bid. (Motion to approve; Approved, 5 -0)
A.A.A.A.A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) REVOLVING
LOAN FUND GUIDELINES: Approve Community Development Block Grant
(CDBG) Revolving Loan Fund guidelines and application. Funding is available from
118 - 1966- 554 -83.01 (Neighborhood Services: Other Grants and Aids). (Motion to
approve; Approved, 5 -0)
A.A.A.A.A.A. PROPOSED CHANGE TO THE COMMISSION RULES OF PROCEDURE:
Approve a proposed change to the Commission Rules of Procedure for quasi - judicial
hearings to provide that the parties, City and applicant, shall each have 10 minutes to
present their case rather than 20 minutes for each side. (Motion to approve; Approved, 4 -1.
Commissioner Gray dissenting)
A. WAIVER REOUEST/ COMMUNITY REDEVELOPMENT AGENCY (CRA).
ARTISTIC BANNERS: Consider approval of a waiver request to Land Development
Regulations (LDR) Section 4.6.5 (D), "Fence Types" to allow for the design and
installation of four (4) artistic banners (5' x 30') to an existing fence on Community
Redevelopment Agency's (CRA) property located at 805 West Atlantic Avenue pursuant
to the recommendation of the Public Arts Advisory Board (PAAB). (Quasi-judicial
Hearing) (Motion to adopt board order as presented; Approved, 5 -0)
B. WAIVER REQUEST /HYATT PLACE DELRAY BEACH: Consider approval of
a waiver request to Land Development Regulations (LDR) Section 4.33 (V) (2) (c) (1),
"Prohibitions by Frequency ", to extend the six month time limit to establish a stand-
alone bar at the Hyatt Place Delray Beach, located at 104 N.E. 2nd Avenue. (Quasi -
Judicial Hearing) (Motion to adopt board order as presented; Approved, 5 -0)
C. WAIVER REQUESTS/ COMMUNITY REDEVELOPMENT AGENCY
(C"; 46 S.W. 9TH AVENUE: Consider approval of two (2) waiver requests to
Land Development Regulation (LDR) Section 4.6.9(D)(3)(b), "Point of Access to the
Street System ", to reduce the width of the point of access for a parking lot driveway
from the required 24' to the proposed 22' adjacent to S.W. 101'' Avenue and Section
4.6.9 (D) (4) (d), "Maneuvering Area, Aisle Width, Space Width ", to reduce the drive aisle
width with perpendicular parking from the required 24' to the proposed 22' adjacent to
S.W. 10`'' Avenue for the Community Redevelopment Agency (CRA) Parking Lot
located at 46 S.W. 91'' Avenue. (Quasi-judicial Hearing) (Motion to adopt board order
as presented; Approved, 5 -0)
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D. WAIVER REQUESTS: SUNTRUST BANK /CHICK -FIL -A RESTAURANT:
Consider approval of two (2) waiver requests to Land Development Regulations (LDR)
Section 4.6.120(2), "Minimum Floor Area ", which requires that free - standing
structures have a minimum floor area of 6,000 square feet and Land Development
Regulations (LDR) Section 4.6.9(D)(3)(c)(1), "Stacking Distance ", which requires a
stacking distance of 50 feet for parking areas that contain 51 or more parking spaces for
SunTrust Bank /Chick -Fil -A Restaurant, located at the southwest corner of Linton
Boulevard and South Federal Highway. (Quasi-judicial Hearing) (Motion to adopt
board order as presented; Approved, 5 -0)
E. REJECT ALL BIDS FOR FEDERAL LEGISLATIVE LOBBYING SERVICES:
Consider rejecting all bids received for comprehensive Federal Lobbying Services (RFP
No. 2013- 34). (Motion to reject all bids; Approved, 4 -1. Commissioner Frankel dissenting)
F. REQUEST FOR PROPOSAL (RFP) FOR FEDERAL LOBBYING
SERVICES: Provide direction regarding a Request for Proposal (RFP) for Federal
Lobbying Services. (It was the consensus of the Commission to go out for a Request for
Proposal (RFP) and have those who respond come before the Commission)
G. SETTLEMENT OFFER IN CURLENE THOMAS v. CITY OF DELRAY
BEACH: Consider a Settlement Offer in the total amount of $20,000.00 in Curlene
Thomas v. City of Delray Beach. Staff recommends approval; subject to the receipt of
the appropriate releases. (Motion to approve; Approved, 5 -0)
H. PROPOSAL FOR SETTLEMENT IN PREVILLON CASSY v. CITY OF
DELRAY BEACH: Consider a Settlement Offer in the total amount of $49,999.99 in
Previllon Cassy v. City of Delray Beach. Staff recommends denial. (Motion to deny;
Approved, 5 -0)
I. APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT
SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to serve a
two (2) year term ending April 22, 2015 to the Police & Firefighters Retirement System
Board of Trustees. Based upon the rotation system, the appointment will be made by
Commissioner Jacquet (Seat #2). (Commissioner Jacquet's appointment was deferred to the
May 21, 2013 Regular Meeting)
APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one
(1) regular member to the Public Art Advisory Board to serve an unexpired term plus a
two (2) year term ending July 31, 2015. Based upon the rotation system, the
appointment will be made by Commissioner Jacquet (Seat #2). (Commissioner Jacquet's
appointment was deferred to the May 21, 2013 Regular Meeting)
K. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint one (1) regular member to the Delray Beach Housing Authority to serve an
unexpired term plus a four (4) term ending July 14, 2017. Based upon the rotation
system, the recommendation for appointment will be made by Commissioner Jacquet
(Seat #2). (Commissioner Jacquet's appointment was deferred to the May 21, 2013 Regular
Meeting)
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L. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1)
regular member to the Financial Review Board to serve an unexpired term ending July
31, 2014. Based upon the rotation system, the appointment will be made by
Commissioner Petrolia (Seat #1). (Appointed Mark Spennacchio and approved 5 -0)
M. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1)
regular member to the Police Advisory Board to serve an unexpired term plus a two (2)
year term ending July 31, 2015. Based upon the rotation system, the appointment will be
made by Commissioner Jacquet (Seat #2). (Commissioner Jacquet's appointment was
deferred to the May 21, 2013 Regular Meeting)
N. OFFER OF SETTLEMENT IN KIERAN MACKENZIE v. CITY OF
DELRAY BEACH: Consider an Offer of Settlement in the total amount of
$20,000.00 in Kieran Mackenzie v. City of Delray Beach. Staff recommends approval.
(ADDENDUM) (Motion to approve; Approved, 5 -0)
10. PUBLIC HEARINGS:
A. None
11. FIRST READINGS:
A. ORDINANCE NO. 10 -13: Consider an amendment to Chapter 33, "Police and Fire -
Rescue Departments ", Section 33.62, "Benefit Amounts and Eligibility ", and Section
33.64, "Contributions ". If passed, a public hearing will be held on May 21, 2013. (Motion
to approve; Approved, 5 -0)
12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: MAY 3, 2013
* * * ** *Meeting adjourned at 9.27p.m. * * * * **
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