06-04-13 Agenda Results Regular MeetingMicrosoft Word - 06-04-13 Agenda Results Regular Meeting.doc
City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** Tuesday, June 4, 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.mydelraybeach.com
06/04/2013 -2 -1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. APPROVAL OF MINUTES: A. May 7, 2013 –Regular Meeting (Approved, 5-0) B. May 21, 2013 – Regular Meeting
(Approved, 5-0) 5. PRESENTATIONS: A. Representative Bill Hager – Update on Legislative Session B. Representative Bobby Powell, Jr. – Update on Legislative Session (Addendum) 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 5.B., Representative Bobby Powell, Jr. – Update on Legislative Session, was added to the Presentations Agenda as an addendum; staff requested
Item 9.C., Initiation of an Amendment to Land Development Regulations (LDR), be removed. Approved as amended, 5-0) 8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. FINAL SUBDIVISION PLAT APPROVAL/SOFA DELRAY ONE: Approve a proposed multiple family residential development containing 117 rental units being platted as SOFA Delray One located on
the east side of S.E. 3rd Avenue between S.E. 1st Street and S.E. 2nd Street. B. FINAL SUBDIVISION PLAT APPROVAL/SOFA DELRAY TWO: Approve a proposed multiple family residential development
containing 55 rental units being platted as SOFA Delray Two located on the west side of S.E. 2nd Avenue between S.E. 1st Street and S.E. 2nd Street. C. HOLD HARMLESS AGREEMENT/5 S.E.
2ND AVENUE: Approve a Hold Harmless Agreement with BOEJ, LLC to allow for installation of a dumpster with steel posts supporting gates and a fence screen within the public utility easement
for the property located at 5 S.E. 2nd Avenue.
06/04/2013 -3 -D. SUPPLEMENTAL AGREEMENT NO. 1 TO THE LOCAL AGENCY PROGRAM (LAP)/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): Approve Supplemental Agreement No. 1 to the Local Agency
Program (LAP) with Florida Department of Transportation (FDOT) for the construction of the Federal Highway Beautification Project. E. AMENDMENT NO. 1 TO THE ALTERNATIVE WATER SUPPLY
(AWS) GRANT AGREEMENT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Approve Amendment No. 1 to the South Florida Water Management District (SFWMD) Alternative Water Supply (AWS) Grant
Agreement for the Area 12A-Phase 1 Reclaimed Water System Expansion Project. F. CONTRACT ADDITION (CHANGE ORDER NO. 1)/SEALAND CONTRACTORS, CORPORATION: Approve Contract Addition (C.O.
No. 1) to Sealand Contractors, Corporation in the amount of $96,816.50 for the Federal Highway Beautification Project. Funding is available from 334-3162-541-68.52 (General Construction
Fund: Other Improvement/Federal Highway Beautification Project). 1. AMENDMENT NO. 1 TO THE CONSTRUCTION ENGINEERING AND INSPECTION SERVICES (CEI) AGREEMENT/R.J. BEHAR & COMPANY, INC.:
Approve Amendment No. 1 to the Construction Engineering and Inspection Services (CEI) Agreement in the amount of $16,050.00 with R.J. Behar & Company, Inc. for the Federal Highway Beautification
Project. Funding is available from 334-3162-541-68.52 (General Construction Fund: Other Improvement/Federal Highway Beautification). G. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL)/FOSTER
MARINE CONTRACTORS INC.: Approve Contract Closeout (C.O. No. 2/Final) in the amount of a $4,546.00 decrease and final payment in the amount of $40,432.25 to Foster Marine Contractors
Inc. for completion of the Drainage Swales FY12 -Lake Ida Project. Funding is available from 448-5461-538-46.43 (Storm Water Utility Fund: Repair & Maintenance Service/Drainage Swales).
H. CORRECTION TO CONTRACT AWARD/MANCIL’S TRACTOR SERVICE, INC.: Approve a corrected contract award in the amount of $976,767.82 with Mancil's Tractor Service, Inc., 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). I. AMENDMENT TO EASEMENT, USE, MAINTENANCE AND DECLARATION AGREEMENT/120 S.E. 4TH STREET: Approve Amendment
to Easement, Use, Maintenance and Declaration Agreement where the City is not a party, but the City must give its approval for the amendment for the property located at 120 S.E. 4th
Street.
06/04/2013 -4 -J. STATE AND LOCAL TASK FORCE AGREEMENT/DEPARTMENT OF JUSTICE DRUG ENFORCEMENT ADMINISTRATION (DEA): Approve a State and Local Task Force Agreement with the Department
of Justice Drug Enforcement Administration (DEA) to provide for one officer from the Police Department to join the DEA Task Force to disrupt illicit drug traffic. K. RESOLUTION NO. 31-13:
Approve Resolution No. 31-13 assessing costs for abatement action required to remove nuisances on 11 properties throughout the City of Delray Beach. L. REVIEW OF APPEALABLE LAND DEVELOPMENT
BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 20, 2013 through May 31, 2013. M. AWARD OF BIDS AND CONTRACTS: 1. Bid award to
Complete Property Services of South Florida, Inc., in the amount of $29,180.00 for landscape maintenance at Atlantic Avenue Gateway Feature. Funding is available from 119-4144-572-46.40
(Beautification Trust Fund: Repair & Maintenance Services/Beautification Maintenance). 9. REGULAR AGENDA: A. CONDITIONAL USE REQUESTS/UPTOWN DELRAY: Consider conditional use requests
to Land Development Regulations (LDR) Section 4.3.4(J), “Increases to Height Regulations”, to allow an increase in the building height in excess of 48 feet (60 feet proposed)and Section
4.4.13(I), “Increase in Density”, to increase the density in excess of 30 residential units per acre (69.52 units per acre proposed) for a proposed mixed-use development that includes
the demolition of the existing commercial building and removal of the existing parking lot and construction of 146 residential apartment units and 7,854 square feet of retail/office
space in a 6-story building and 6-level structured parking garage for Uptown Delray, located on the north side of S.E. 2nd Street between S.E. 4th Avenue and S.E. 5th Avenue. (Quasi-Judicial
Hearing) (Motion to TABLE to the August 6, 2013 Regular Meeting; Approved, 5-0) B. CONDITIONAL USE REQUEST/CRISTO PARA TODAS LAS NACIONES: Consider approval of a conditional use request
to allow the establishment of a church for Cristo Para Todas Las Naciones (Christ for all Nations) within the Congress Square shopping center, located at 2280 West Atlantic Avenue, Suite#
2206. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) C. INITIATION OF AN AMENDMENT TO LAND DEVELOPMENT REGULATIONS (LDR): Consider approval of a city-initiated
amendment to the Land Development Regulations that will prohibit offices uses on the ground floor of structures located along N.E. 2nd Avenue in the Pineapple Grove Neighborhood Area,
unless certain conditions exist. (REMOVED)
06/04/2013 -5 -D. SPECIAL EVENT REQUEST/GIVE AWAY SCHOOL SUPPLIES: Consider approval of a special event sponsored by Double Action/Caribbean Grocery for “Give Away School Supplies,”
proposed to be held on July 26, 2013 from noon to 10:00 p.m.; grant a temporary use permit per LDR’s Section 2.4.6(F) for the closure of S.E. 3rd Avenue between S.E. 2nd Street and S.E.
3rd Street, and authorize staff support for traffic control and security, stage use and setup, City generator use, barricading, trash boxes and light tower rental; contingent upon receipt
of a deposit in the amount of $300.00, a Hold Harmless Agreement and Certificate of Event Liability Insurance no later than July 11, 2013. The event sponsor will pay 100% of costs for
an estimated amount of $2,470.00. (Motion to approve subject to conditions; Approved, 5-0) E. RESOLUTION NO. 30-13/MID YEAR BUDGET AMENDMENT: Consider approval of Resolution No. 30-13
amending Resolution No. 49-12 adopted September 20, 2012, which made appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the FY 2012/2013,
by setting forth the anticipated revenues and expenditures for the operating funds of the City for FY 2012/2013. (Motion to approve Resolution No. 30-13; Approved, 5-0) F. REQUEST FOR
HOURLY FEE INCREASE/ALLEN NORTON & BLUE LAW FIRM: Consider a request from Allen Norton & Blue Law Firm to increase the hourly fee for the City’s labor counsel from $210.00 per hour to
$235.00 per hour. (Motion to approve; Approved, 4-1. Commissioner Jacquet dissenting) 10. PUBLIC HEARINGS: 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”. (Motion to approve; Approved, 5-0) 11. FIRST READINGS: A. ORDINANCE NO. 11-13: Consider
an amendment to Chapter 35, “Employee Policies and Benefits”, Section, 35.105, “Administration by Retirement Committee", Subsection (C) “Action by Committee”, to remove the requirement
that the City Commission must approve changes to the General Employees’ Pension Board investment policy. If passed, a public hearing will be held on June 18, 2013. (Motion to approve;
Approved, 5-0) 12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager (It was the consensus of the Commission to adjust the meetings for the month of July and this will come
back on Consent Agenda for Commission approval) B. City Attorney C. City Commission
06/04/2013 -6 -POSTED: MAY 31, 2013 ****** Meeting adjourned at 8:12 p.m. ******
06/04/2013
- 2 -
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. May 7, 2013 –Regular Meeting (Approved, 5-0)
B. May 21, 2013 – Regular Meeting (Approved, 5-0)
5. PRESENTATIONS:
A. Representative Bill Hager – Update on Legislative Session
B. Representative Bobby Powell, Jr. – Update on Legislative Session (Addendum)
6. COMMENTS AND INQUIRIES ON AG ENDA 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 5.B ., Representative Bobby Powell, Jr. –
Update on Legislative Session, was added to the Presentations Agenda as an addendum; staff requested
Item 9.C., Initiation of an Amendment to Land Development Regulations (LDR), be removed.
Approved as amended, 5-0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. FINAL SUBDIVISION PLAT APPROVAL/SOFA DELRAY ONE: Approve a
proposed multiple family residential devel opment containing 117 rental units being
platted as SOFA Delray One located on the east side of S.E. 3 rd Avenue between S.E. 1 st
Street and S.E. 2 nd Street.
B. FINAL SUBDIVISION PLAT APPROVAL/SOFA DELRAY TWO: Approve a
proposed multiple family residential devel opment containing 55 rental units being
platted as SOFA Delray Two located on the wes t side of S.E. 2nd Avenue between S.E.
1 st Street and S.E. 2 nd Street.
C. HOLD HARMLESS AGREEMENT/5 S.E. 2 ND AVENUE: Approve a Hold
Harmless Agreement with BOEJ, LLC to allow for installation of a dumpster with steel
posts supporting gates and a fence screen within the public utility easement for the
property located at 5 S.E. 2 nd Avenue.
06/04/2013
- 3 -
D. SUPPLEMENTAL AGREEMENT NO. 1 TO THE LOCAL AGENCY
PROGRAM (LAP)/ FLORIDA DEPA RTMENT OF TRANSPORTATION
(FDOT): Approve Supplemental Agreement No. 1 to the Local Agency Program
(LAP) with Florida Department of Transpor tation (FDOT) for the construction of the
Federal Highway Beautification Project.
E. AMENDMENT NO. 1 TO THE ALTERNATIVE WATER SUPPLY (AWS)
GRANT AGREEMENT/SOUTH FLORIDA WATER MANAGEMENT
DISTRICT (SFWMD): Approve Amendment No. 1 to the South Florida Water
Management District (SFWMD) Alternative Water Supply (AWS) Grant Agreement for
the Area 12A-Phase 1 Reclaimed Water System Expansion Project.
F. CONTRACT ADDITION (CHANGE ORDER NO. 1)/SEALAND
CONTRACTORS, CORPORATION: Approve Contract Addition (C.O. No. 1) to
Sealand Contractors, Corporation in the amount of $96,816.50 for the Federal Highway
Beautification Project. Funding is ava ilable from 334-3162-541-68.52 (General
Construction Fund: Other Improvement/Federal Highway Beautification Project).
1. AMENDMENT NO. 1 TO THE CONSTRUCTION ENGINEERING
AND INSPECTION SERVICES (CEI) AGREEMENT/R.J. BEHAR &
COMPANY, INC.: Approve Amendment No. 1 to the
Construction Engineering and Inspection Services (CEI) Agreement in the
amount of $16,050.00 with R.J. Behar & Company, Inc. for the Federal
Highway Beautification Project. Funding is available from 334-3162-541-68.52
(General Construction Fund: Other Improvement/Federal Highway
Beautification).
G. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL)/FOSTER
MARINE CONTRACTORS INC.: Approve Contract Closeout (C.O. No. 2/Final)
in the amount of a $4,546.00 decrease and final payment in the amount of $40,432.25 to
Foster Marine Contractors Inc. for completi on of the Drainage Swales FY12 - Lake Ida
Project. Funding is available from 448-54 61-538-46.43 (Storm Water Utility Fund:
Repair & Maintenance Service/Drainage Swales).
H. CORRECTION TO CONTRACT AWARD/MANCIL’S TRACTOR SERVICE,
INC.: Approve a corrected contract award in the amount of $976,767.82 with Mancil's
Tractor Service, Inc., 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) an d 448-5461-538-65.95 (S torm Water Utility
Fund: Other Improvements/S.W. 2nd Street Beautification).
I. AMENDMENT TO EASEMENT, USE, MAINTENANCE AND
DECLARATION AGREEMENT/120 S.E. 4 TH STREET: Approve Amendment
to Easement, Use, Maintenance and Declar ation Agreement where the City is not a
party, but the City must give its approval for the amendment for the property located at
120 S.E. 4 th Street.
06/04/2013
- 4 -
J. STATE AND LOCAL TASK FORCE AGREEMENT/ DEPARTMENT OF
JUSTICE DRUG ENFORCEMENT ADMINISTRATION (DEA): Approve a
State and Local Task Force Agreement wi th the Department of Justice Drug
Enforcement Administration (DEA) to pr ovide for one officer from the Police
Department to join the DEA Task Fo rce to disrupt illicit drug traffic.
K. RESOLUTION NO. 31-13: Approve Resolution No. 31-13 assessing costs for
abatement action required to remove nuisances on 11 properties throughout the City of
Delray Beach.
L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
May 20, 2013 through May 31, 2013.
M. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Complete Property Services of South Florida, Inc., in the amount
of $29,180.00 for landscape maintenance at Atlantic Avenue Gateway Feature.
Funding is available from 119-4144-5 72-46.40 (Beautification Trust Fund:
Repair & Maintenance Services/Beautification Maintenance).
9. REGULAR AGENDA:
A. CONDITIONAL USE REQUESTS/UPTOWN DELRAY: Consider conditional
use requests to Land Development Regulati ons (LDR) Section 4.3.4(J), “Increases to
Height Regulations”, to allow an increase in the building height in excess of 48 feet (60
feet proposed)and Section 4.4.13(I), “Increase in Density”, to increase the density in
excess of 30 residential units per acre (6 9.52 units per acre proposed) for a proposed
mixed-use development that includes the demolition of the existing commercial
building and removal of the existing parking lot and construction of 146 residential
apartment units and 7,854 square feet of reta il/office space in a 6-story building and 6-
level structured parking garage for Uptown De lray, located on the north side of S.E. 2 nd
Street between S.E. 4 th Avenue and S.E. 5 th Avenue. (Quasi-Judicial Hearing) (Motion
to TABLE to the August 6, 2013 Regula r Meeting; Approved, 5-0)
B. CONDITIONAL USE REQUEST /CRISTO PARA TODAS LAS
NACIONES: Consider approval of a conditional use request to allow the
establishment of a church for Cristo Para Todas Las Naciones (Christ for all Nations)
within the Congress Square shopping center, located at 2280 West Atlantic Avenue,
Suite# 2206. (Quasi-Judicial Hearing) (Motion to adopt board order as presented;
Approved, 5-0)
C. INITIATION OF AN AMENDM ENT TO LAND DEVELOPMENT
REGULATIONS (LDR): Consider approval of a city-initiated amendment to the
Land Development Regulations that will prohibit offices uses on the ground floor of
structures located along N.E. 2 nd Avenue in the Pineappl e Grove Neighborhood Area,
unless certain conditions exist. (REMOVED)
06/04/2013
- 5 -
D. SPECIAL EVENT REQUEST/GIVE AWAY SCHOOL SUPPLIES: Consider
approval of a special event sponsored by Double Action/Caribbean Grocery for “Give
Away School Supplies,” proposed to be held on July 26, 2013 from noon to 10:00 p.m.;
grant a temporary use permit per LDR’s Section 2.4.6(F) for the closure of S.E. 3 rd
Avenue between S.E. 2 nd Street and S.E. 3 rd Street, and authorize staff support for traffic
control and security, stage use and setup, City generator use, barricading, trash boxes
and light tower rental; contingent upon receipt of a deposit in the amount of $300.00, a
Hold Harmless Agreement and Certificate of Event Liability Insurance no later than
July 11, 2013. The event sponsor will pay 10 0% of costs for an estimated amount of
$2,470.00. (Motion to approve subject to conditions; Approved, 5-0)
E. RESOLUTION NO. 30-13/MID YEAR BUDGET AMENDMENT: Consider
approval of Resolution No. 30-13 amending Resolution No. 49-12 adopted September
20, 2012, which made appropriations of sums of money for all necessary expenditures
of the City of Delray Beach for the FY 20 12/2013, by setting forth the anticipated
revenues and expenditures for the operati ng funds of the City for FY 2012/2013.
(Motion to approve Resolution No. 30-13; Approved, 5-0)
F. REQUEST FOR HOURLY FEE INCREASE/ALLEN NORTON & BLUE
LAW FIRM: Consider a request from Allen Nort on & Blue Law Firm to increase the
hourly fee for the City’s labor counsel from $210.00 per hour to $235.00 per hour.
(Motion to approve; Approved, 4-1. Commissioner Jacquet dissenting)
10. PUBLIC HEARINGS:
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”. (Motion to approve; Approved, 5-0)
11. FIRST READINGS:
A. ORDINANCE NO. 11-13: Consider an amendment to Chapter 35, “Employee
Policies and Benefits”, Section, 35.105, “A dministration by Retirement Committee",
Subsection (C) “Action by Committee”, to remove the requirement that the City
Commission must approve changes to the General Employees’ Pension Board
investment policy. If passed, a public hearing will be held on June 18, 2013. (Motion to
approve; Approved, 5-0)
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager (It was the consensus of the Commission to adjust the meetings for the month
of July and this will come back on Consent Agenda for Co mmission approval)
B. City Attorney
C. City Commission
06/04/2013
- 6 -
POSTED: MAY 31, 2013
****** Meeting adjourned at 8:12 p.m. ******