07-25-13 Agenda Results Regular MeetingCity of Delray Beach
Regular Commission Meeting
** *AGENDA RESULTS * **
Thursday, July 25, 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
ROLL CALL. (Commissioner Gray arrived at 6:14 p.m.)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. July 3, 2013 — Special Meeting (Approved, 4 -0)
5. PRESENTATIONS:
A. None
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, Contract Agreement with
Ascension /Employer Mutual Inc. , for Insurance Broker Agent Services, was postponed to the August
6, 2013 Regular Meeting; Item 8.N.2., Purchase Award /Specialty Vehicles, Inc. (SVI), was moved to the
Regular Agenda as Item 9.A.A.; Item 9.B., Final Subdivision Plat Approval and Waiver Request /Dell
Grove, was postponed to the August 6, 2013 Regular Meeting, Item 9.F., Proposed Millage Rate, there is
revised information on the dais; the applicant has requested Item 9.H., Special Event Request /52nd
Annual Delray Affair, be modified to remove the waiver request regarding open containers; Staff
requested that Item 9.L., Appointments to the Neighborhood Advisory Council and Item 9.T.,
Appointments to the Financial Review Board, be removed. Approved as amended, 5 -0).
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5 -0)
A. SIDEWALK EASEMENT AGREEMENT /131 N.E. 1ST AVENUE: Approve a
sidewalk easement agreement for a five -foot (5') easement on the west side of the
property located at 131 N.E. 15` Avenue to construct a sidewalk.
B. DEVELOPER'S AGREEMENT /SALT WATER BREWERY: Approve a
Developer's Agreement with Salt Water Brewery for reimbursement at a cost not to
exceed $57,585.00 for the design and installation and gravity sewer on N.W. 18`''
Avenue. Funding is available from 441 - 5161 - 536 -63.90 (Water and Sewer Fund:
Improvements Other /Other Improvements).
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C. SERVICE AUTHORIZATION NO. 12- 02 /WANTMAN GROUP, INC.:
Approve Service Authorization No. 12 -02 with Wantman Group, Inc. in the amount of
$20,550.00 for a topographic and route survey of N.W. 3Td, N.W. 4`h, and N.W. 51h
Avenue for the Water Main Upgrade Project associated with N.W. 4`h Avenue and 3
Avenue. Funding is available from 442 - 5178 - 536 -68.75 (Water & Sewer Renewal &
Replacement Fund: Improvements Other /N.W. 4`h Avenue & 3rd Avenue Water Main).
D. REJECTION OF BIDS /BEACH BEAUTIFICATION GAZEBO
PROJECT: Approve a recommendation to reject all bids received for the Beach
Beautification Gazebo Project and provide authorization to re -bid the project.
E. HOUSING REHABILITATION GRANT /CONTRACT AWARD: Award one
(1) Housing Rehabilitation contract through the Community Development Block Grant
(CDBG) to the lowest responsive bidder, Abisset Corporation for 516 S.W. 7`h Avenue
in the amount of $32,332.10. Funding is available from 118 - 1963- 554 -49.19
(Neighborhood Services: Other Current Charges /Housing Rehabilitation).
F. ADOPTION OF THE VISION 2020 FORUM REPORT: Approval to adopt the
Vision 2020 "Future with History" Forum Report in concept.
G. AGREEMENT FOR PROFESSIONAL LOBBYING SERVICES /BALLARD
PARTNERS: Approve an Agreement for Professional Lobbying Services with Ballard
Partners in the amount of $15,000.00 annually to provide lobbying services to the City
regarding sober houses legislation. Funding is available from 001 - 1111 - 511 -34.90
(General Fund: Operating Expenses - Miscellaneous /Other Contractual Services).
H. CONTRACT AGREEMENT WITH AMI RISK CONSULTANTS, LLC., FOR
INSURANCE ACTUARIAL CONSULTING: Approve a contract agreement with
AMI Risk Consultants, LLC., for insurance actuarial consulting at a fixed annual fee not
to exceed $2,400.00, plus an additional $500.00 for travel expenses. Funding is available
from 551 - 1575 - 591 -31.90 (Insurance Fund: Professional Services/ Other Professional
Services).
I. CONTRACT AGREEMENT WITH ASCENSION /EMPLOYER MUTUAL
INC., FOR INSURANCE BROKER /AGENT SERVICES: Approve a contract
agreement with Ascension /Employer Mutual Inc., at a fixed annual fee of $37,500.00
for insurance broker /agent services. Funding is available from 551 - 1575 - 591 -45.20
(Insurance Fund: Insurance /Claims Handling Costs). (Postponed to the August 6, 2013
Regular Commission Meeting)
CONTRACT AGREEMENT WITH PREFERRED GOVERNMENTAL
CLAIM SOLUTIONS (PGCS) FOR INSURANCE THIRD PARTY
ADMINISTRATION (TPA) Approve a contract agreement with Preferred
Governmental Claim Solutions (PGCS) at an approximate annual fee of $69,120.00 for
insurance third party claims administration. Funding is available from 551- 1575 -591-
31.90 (Insurance Fund: Insurance /Other Professional Services).
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K. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT
AGENCY (CRAI FOR CHRISTMAS TREE REPAIR: Approve an Interlocal
Agreement with the Community Redevelopment Agency (CRA) to fund up to
$35,000.00 for frame repair and painting the Christmas Tree.
L. RESOLUTION NO. 32 -13: Approve Resolution No. 32 -13 assessing costs for
abatement action required to remove nuisances on 10 properties throughout the City of
Delray Beach.
M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
July 1, 2013 through July 19, 2013.
N. AWARD OF BIDS AND CONTRACTS:
Bid award to Rosso Site Development in the amount of $45,302.86 for road and
swale reconstruction on a section of Hyacinth Drive. Funding is available from
448 - 5461 - 538 -46.43 (Storm Water Utility Fund: Repair & Maintenance
Service /Drainage Swales).
2. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA)
3. Bid award to multiple vendors for the purchase of medical drugs and supplies
for the Fire Department via a Co -op Bid in an estimated annual cost of
$260,760.00. Funding is available from 001 - 2315 - 526 -52.16 (General Fund:
EMS Supplies) and 001 - 2313 - 522 -52.16 (General Fund: EMS Supplies).
9. REGULAR AGENDA:
A.A. Purchase award to Specialty Vehicles, Inc. (SVI) in the amount of $150,000.00 for a
fourth trolley in accordance with Florida Department of Transportation (FDOT) Joint
Participation Agreement UPA) #AQN52. Funding is available from 334- 6111 -545-
64.20 (General Construction Fund: Machinery /Equipment Automobile). (Motion to
approve; Approved, 5 -0)
A. CONDITIONAL USE REOUEST /SANDBAR AT BOSTON'S ON THE
BEACH: Consider a conditional use request to allow outside entertainment limited to
a Disc Jockey in an open -air porch of Sandbar at Boston's on the Beach located at 40
South Ocean Boulevard. (Quasi-judicial Hearing) (Motion to adopt board order as
presented; Approved, 4 -1. Mayor Glickstein dissenting)
B. FINAL SUBDIVISION PLAT APPROVAL AND WAIVER REOUEST /DELL
GROVE: Consider approval of a waiver request to Land Development Regulations
(LDR) Section 4.3.4(x), "Development Standards Matrix ", minimum lot size, width,
depth and frontage requirements and a final plat in conjunction with the creation of a
two (2) single family home subdivision for Dell Grove located at the southeast corner
of N.E. 2nd Avenue and N.E. 12`'' Street. (Quasi-judicial Hearing) (Postponed to the
August 6, 2013 Regular Commission Meeting)
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C. WAIVER REQUEST /313 N.W. 1sT AVENUE: Consider a waiver request to Land
Development Regulations (LDR) Section 4.4.24(F)(4), "Old School Square Historic
Arts District (OSSHAD) Development Standards ", which provides for a maximum
front elevation width of 60', whereas a 71'11" width is proposed for the property
located at 313 N.W. 1" Avenue. (Quasi-judicial Hearing) (Motion to approve;
Approved, 5 -0)
D. QUEST TO REDUCE PARK RENTAL FEES FOR THE GREEN
MARKET: Consider a request to reduce park rental fees for the Green Market for the
upcoming season to $330.00 per day plus utilities cost. (Motion to approve; Approved, 5-
0)
E. DISCUSSION REGARDING CORRESPONDENCE RECEIVED FROM
THE CITY'S CURRENT FRANCHISEE: (It was the consensus of the Commission
that the City Attorney come back with a legal opinion to the August 6, 2013 Regular Meeting)
F. PROPOSED MILLAGE RATE: Consider approval of a proposed millage rate for
FY 2014, and set the budget review and adoption schedule. (Motion to accept
recommended millage rate at 7.7999 mils; Approved, 4 -1. Commissioner Frankel dissenting)
G. PROPOSED MILLAGE RATE /DOWNTOWN DEVELOPMENT
AUTHORITY: Consider approval of the Downtown Development Authority's
proposed millage rate for FY 2014. (Motion to accept proposed Downtown Development
Authority (DDA) millage rate at 1.00 mil; Approved 5 -0)
H. SPECIAL EVENT REOUEST /52ND ANNUAL DELRAY AFFAIR: Consider
approval of a special event request from the Chamber of Commerce to endorse the 52nd
Annual Delray Affair to be held on April 25 -27, 2014, to grant a temporary use permit
per LDR Section 2.4.6(F) for use of City property and rights -of -way as requested
including Atlantic Avenue from S.W. 2nd Avenue to Palm Square, as well as Old School
Square Park, to provide trash boxes and use of City generator, to provide staff support
as outlined in the attached letter and permit, to allow all vendor permits to be assigned
and approved by the Chamber of Commerce, to allow this to be the only event held on
these dates in the City, to provide a waiver of parking time restrictions in the
downtown area during the event. The event producer to pay 100% of all City costs and
to provide staff support as requested; contingent upon the conditions of approval listed
in the staff report; denying the waiver of consumption of alcoholic beverages per City
Code. (Motion to approve with recommended change; Approved 5 -0)
I. ACTION ON A MOTION TO WITHDRAW A RECOMMENDATION FOR AN
APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY (CRAB
BOARD: Consider an action on a motion to withdraw Commissioner Frankel's
recommendation for an appointment to the Community Redevelopment Agency (CRA)
Board made at the July 9, 2013 Regular Meeting. (Motion to continue meeting past 11:00
p.m.; Approved 5 -0. Motion to allow Commissioner Frankel to withdraw his previous motion;
Approved 4 -1. Commissioner Petrolia dissenting)
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APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY:
Appoint one (1) regular member to the Community Redevelopment Agency (CRA) to
serve a four (4) year term ending July 1, 2017. Based upon the rotation system, the
appointment will be made either by Commissioner Frankel (Seat #3) or Mayor
Glickstein (Seat #5). (Appointed Paul Zacks and approved, 5 -0)
K. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one
(1) regular member to the Public Art Advisory Board to serve two (2) year terms ending
July 31, 2015. Based upon the rotation system, the appointment will be made by
Commissioner Frankel (Seat #3). (Appointed Jerry Rabinowitz and approved, 5 -0)
L. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint three (3) regular members from Zone 1, Zone 3 and Zone 4 to serve three (3)
year terms ending July 31, 2016 and a student member to serve a one (1) year term
ending July 31, 2014 to the Neighborhood Advisory Council. Based on the rotation
system, the appointments will be made by Commissioner Petrolia (Seat #1),
Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3) and Commissioner
Gray (Seat #4). (REMOVED)
M. APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint one (1) regular member to serve an unexpired term ending July 31,
2014 and two (2) Citizen at Large Members to serve two (2) year terms ending July 31,
2015 to the Parking Management Advisory Board. Based on the rotation system,
appointments will be made by Commissioner Petrolia (Seat #1), Commissioner Jacquet
(Seat #2) and Commissioner Frankel (Seat #3). (Appointed Bruce Gimmy and approved, 5-
0; Appointed Allen Huntington and approved, 5 -0; Appointed Brain Rosen and approved, 5 -0)
N. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY
COMMITTEE: Appoint four (4) regular members to serve two (2) year terms ending
July 31, 2015 to the Affordable Housing Advisory Committee. Based on the rotation
system, appointments will be made by Commissioner Jacquet (Seat #2), Commissioner
Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor Glickstein (Seat #5).
(Appointed Regina Hands and approved, 5 -0; Appointed Mike Williams and approved, 5 -0;
Appointed Wanda Gadson and approved, 5 -0; Approved Kurt Heide and approved, 5 -0)
O. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint four (4)
regular members to serve two (2) year terms ending July 31, 2015 to the Police Advisory
Board. Based on the rotation system, the appointments will be made by Commissioner
Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and
Mayor Glickstein (Seat #5). (Appointed Annette Annechild and approved, 5 -0; Appointed
Matthew Monhan and approved, 5 -0; Appointed Marc Muscarella and approved, 5 -0. Mayor
Glickstein's appointment was deferred to the August 6, 2013 Regular Meeting)
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P. APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Appoint three
(3) At- Large - Representatives and one (1) Citizen at Large Representative to the Kids
and Cops Committee to serve two (2) year terms ending July 31, 2015. Based upon the
rotation system, the appointments will be made by Commissioner Frankel (Seat #3),
Commissioner Gray (Seat #4), Mayor Glickstein (Seat #5) and Commissioner Petrolia
(Seat #1). (Appointed Jennifer Aracri and approved, 5 -0; Appointed Cory Cassidy and
approved, 5 -0; Appointed Marc Muscarella and approved, 5 -0; Appointed Francis Moschette
and approved, 5 -0; Appointed Phyllis Willingham and approved, 5 -0)
Q. APPOINTMENTS TO THE EDUCATION BOARD: Appoint five (5) regular
members to the Education Board to serve two (2) year terms ending July 31,
2015. Based upon the rotation system, the appointments will be made by Commissioner
Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4),
Mayor Glickstein (Seat #5) and Commissioner Petrolia (Seat #1). (Appointed Julia Kadel
and approved, 5 -0; Appointed Mitchell Katz and approved, 5 -0; Appointed Deborah Nix and
approved, 5 -0; Appointed Joyce Warner and approved, 5 -0. Commissioner Gray's appointment
was deferred to the August 6, 2013 Regular Meeting)
R. APPOINTMENTS TO THE GREEN IMPLEMENTATION
ADVANCEMENT BOARD: Appoint one (1) regular member and two (2) alternate
members to serve two (2) year terms ending July 31, 2015 to the Green Implementation
Advancement Board. Based upon the rotation system, the appointments will be made
by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3) and
Commissioner Gray (Seat #4). (REMOVED)
S. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD:
Appoint three (3) regular members and two (2) alternate members to serve two (2) year
terms ending July 31, 2015 to the Nuisance Abatement Board. Based upon the rotation
system, the appointments will be made by Commissioner Gray (Seat #4), Mayor
Glickstein (Seat #5), Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2)
and Commissioner Frankel (Seat #3). (Appointed Carol Anderson and approved, 5 -0;
Appointed Greta Britt and approved, 5 -0; Appointed Phillip Friedman and approved, 5 -0;
Appointed Adam Reback and approved, 5 -0; Appointed Arline Sherman and approved, 5 -0)
T. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint two (2)
regular members and two (2) alternate members to serve two (2) year terms ending July
31, 2015 to the Financial Review Board. Based on the rotation system, the
appointments will be made by Commissioner Frankel (Seat #3), Commissioner Gray
(Seat #4), Mayor Glickstein (Seat #5) and Commissioner Petrolia (Seat #1).
(REMOVED)
10. PUBLIC HEARINGS:
A. PUBLIC COMMENTS /FY 2014 PROPOSED BUDGET: The City Commission
will hear public comments, if any, regarding the FY 2014 Proposed Budget at this time.
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B. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBGW
CONSOLIDATED ANNUAL ACTION PLAN FY 2013 -14: Consider approval of
the CDBG Consolidated Annual Action Plan FY 2013 -14 as required by the United
States Department of Housing & Urban Development (HUD) for utilization of federal
grant funds. (Motion to approve; Approved, 5 -0)
C. RESOLUTION NO. 14 -13: Consider approval of Resolution No. 14 -13 establishing
a budget for the Stormwater Utility System, establishing the rates for FY 2014
Stormwater Management Assessments, and certifying and adopting the Stormwater
Assessment Roll. (Motion to approve; Approved, 5 -0)
11. FIRST READINGS: (The City Attorney noted that public hearings will be held on August 20, 2013)
A. ORDINANCE NO. 12 -13: Consider a city - initiated amendment to Land
Development Regulations (LDR) Section 4.6.9 (D) (3) (c), "Parking Lot Stacking
Distance ", to reduce the stacking distance for parking lots with 51 or more spaces when
there are multiple access points. If passed, a public hearing will be held on August 6,
2013. (Motion to approve; Approved, 5 -0)
B. ORDINANCE NO. 13 -13: Consider a city - initiated amendment to Land
Development Regulations (LDR) Section 2.4.3, "Submission Requirements ", Subsection
(D), "Preliminary Engineering Plans ", and Subsection (F), "Final Engineering Plans ",
to provide for bus shelters; enacting a new Section 6.1.14, "Transit ", to provide for bus
shelters. If passed, a public hearing will be held on August 6, 2013. (Motion to approve;
Approved, 5 -0)
C. ORDINANCE NO. 14 -13: Consider an amendment to Section 99.02, "Definitions ",
amending Section 99.03, "Loud and Unnecessary Noises Prohibited ", amending
Section 99.04, "Exemptions ", amending Section 99.05, "Temporary Permits ", repealing
Section 99.06, "Notice of Violation ", repealing Section 99.07, "Abatement Orders ", and
amending Section 99.08, "Penalty ". If passed, a public hearing will be held on August 6,
2013. (Motion to approve; Approved, 5 -0)
D. ORDINANCE NO. 16 -13: Consider an amendment to Chapter 110, "Local Business
Taxes Generally ", of the Code of Ordinances, by enacting Section 110.17, "Conditions;
Notification; Hearing ", to allow the City to impose conditions on a business tax receipt
for repeated noise violations. If passed, a public hearing will be held on August 6, 2013.
(Motion to approve; Approved, 5 -0)
E. ORDINANCE NO. 15 -13: Consider an amendment to Chapter 101, "Municipal
Parks, Beaches and Other Recreational Sites ", Section 101.24, "Traffic Regulations ", of
the Code of Ordinances, to increase the altitude restrictions for certain aircraft flying
over the City. If passed, a public hearing will be held on August 6, 2013. (Motion to
approve; Approved, 5 -0)
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12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission (Motion to continue meeting past 12:00 midnight; Approved 5 -0)
POSTED: JULY 19, 2013
"" "Meeting adjourned at 12.•06 a.m. * * * * **
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