08-20-13 Agenda Results Regular MeetingCity of Delray Beach
Regular Commission Meeting
** *AGENDA RRS111.19 * **
Tuesday, August 20, 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 Frankel left meeting at 11:14 p.m.)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. None
5. PRESENTATIONS:
A. FEC Railroad Overview — Kim DeLaney, Ph.D., Strategic Development Coordinator
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 Glickstem noted Item 8.H., Acceptance of Buildings, Playground
and Parking Space /Palm Beach County Head Start, was added to the Regular agenda as Item 9.A.A.;
Item 8.L, Grant Application /Staffing for Adequate Fire and Emergency Response (SAFER), was moved
to the Regular Agenda as Item 9.B.B.; Item 8.B., Hold Harmless Agreement /Atlantic Crossing /Atlantic
Avenue, was moved to the Regular Agenda as Item 9.C.C.; Item 8.C., Hold Harmless
Agreement /Atlantic Crossing /Federal Highway, was moved to the Regular Agenda as Item 9.D.D.;
Item 8J., Financial Auditing Firm Selection /Caler, Donten, Levine, Porter & Veil, was moved to the
Regular Agenda as Item 9.E.E.; Item 8.K., Amendment No. 4 to the Agreement /SunGard Public
Sector, Inc. was removed from the Consent agenda. Approved as amended, 5 -0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5 -0)
A. FINAL SUBDIVISION PLAT APPROVALMINTON- FEDERAL PLAT:
Approve a final plat in conjunction with the creation of a two lot commercial
subdivision for a new bank /restaurant development to be platted as Linton - Federal
Plat, located at the southwest corner of Linton Boulevard and South Federal Highway.
B. (MOVED TO ITEM 9.C.C. ON THE REGULAR AGENDA)
C. (MOVED TO ITEM 9.D.D. ON THE REGULAR AGENDA)
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D. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1 /FINAL) /COASTAL
CONTRACTING & DEVELOPMENT, INC.: Approve Contract Closeout (C.O.
No. 1 /Final) in the amount of a $4,176.11 decrease and final payment in the amount of
$9,418.39 to Coastal Contracting & Development, Inc. for completion of the Utility
Billing Renovations Project. Funding is available from 442 - 5178 - 536 -62.10
(Water /Sewer Renewal & Replacement Fund /Buildings).
E. RESOLUTION NO. 34 -13: Approve Resolution No. 34 -13; for the purpose of
refunding the outstanding City of Delray Beach, Florida Revenue Improvement Bonds,
Series 2008 (Taxable), determining the need for a negotiated sale of such revenue bonds
to TD Bank, N.A. providing for the terms and payment of such Revenue Refunding
Bonds, Series 2013 (Taxable) in an amount not to exceed $2,629,000, authorizing the
proper officers of the City to do all other things deemed necessary or advisable in
connection with the issuance of said Revenue Refunding Bonds; and authorize paying
down the Revenue Improvement Bonds, Series 2008 by $371,000 with Series 2008
excess proceeds.
F. GRANT AWARD /RECOVERY ACT EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG) Approve and accept the FY 2013
Recovery Act Edward Byrne Memorial Justice Assistance Grant UAG) award in the
amount of $39,868.00 which will provide funding to support the Holiday Robbery Task
Force.
G. 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, LLC. for 26 N.W. 11`h
Avenue in the amount of $33,209.84. Funding is available from 118 - 1963- 554 -49.19
(Neighborhood Services: Other Current Charges /Housing Rehabilitation).
H. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA)
I. (MOVED TO ITEM 9.B.B. ON THE REGULAR AGENDA)
(MOVED TO ITEM 9.E.E. ON THE REGULAR AGENDA)
K. AMENDMENT NO. 4 TO THE AGREEMENT/ SUNGARD PUBLIC
SECTOR, INC.: Approve Amendment No. 4 to the agreement between the City and
SunGard Public Sector, Inc. for Public Safety Software Systems. (REMOVED FROM
AGENDA)
L. AGREEMENT /BANK OF AMERICA, N.A. /BANC OF AMERICA
MERCHANT SERVICES: Approve an Agreement with Bank of America, N.A., and
Banc of America Merchant Services and the City of Delray Beach to continue providing
payment (credit /debit card) processing for the City as per the terms of both contracts.
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M. SPECIAL EVENT REQUEST /19TH ANNUAL DOWNTOWN DELRAY
BEACH CRAFT FESTIVAL: Approve a special event request to endorse the 191h
Annual Downtown Delray Beach Craft Festival sponsored by Howard Alan Events,
Ltd. to be held October 5 -6, 2013 from 10:00 a.m. to 5:00 p.m., to grant a temporary
use permit per LDR Section 2.4.6(F) for the closure and use of NE 4`h Avenue from
Atlantic Avenue to NE 1" Street and SE 4d' Avenue from Atlantic Avenue to SE 1"
Street, to utilize the north end of the Hands parking lot for vendor parking; and to
provide staff support for traffic control, security and fire inspection services. The event
producer is responsible for payment of 100% of applicable City costs plus a 5%
administrative fee.
N. SPECIAL EVENT REQUEST /SAVOR THE AVENUE: Approve and endorse
Savor the Avenue, sponsored by Boca Raton and Delray Beach Magazines and
supported by the Downtown Development Authority, to be held on March 27, 2014
from 5:30 p.m. to 8:30 p.m.; to grant a temporary use permit per LDR Section 2.4.6(F)
for closure and use of Atlantic Avenue from Swinton to the west side of N.E. /S.E. 5th
Avenue from 2:00 p.m. until 10:00 p.m.; and SE 3rd Avenue from Atlantic south to the
alley and SE 4`h Avenue from Atlantic to the alley from noon until 10:00 p.m.; to
authorize staff support for traffic control and security, barricading, EMS assistance and
Fire inspection, trash boxes, use of two (2) City owned portable generators, a genie -lift,
and banner hanging with banners to be hung no sooner than 14 days prior to the event;
contingent upon receipt of a certificate of event and alcohol liability insurance and an
executed Hold Harmless Agreement by March 6, 2014. The event sponsor is
responsible for 100% of applicable City costs plus a 5% administrative fee.
O. SPECIAL EVENT REQUEST/EXTREME VOLLEYBALL
PROFESSIONALS (EVP) TOUR: Approve a special event request for the Extreme
Volleyball Professionals (EVP) Tour, sponsored by EVP Tours and supported by the
Downtown Marketing Cooperative, to be held on September 21, 2013 from 8:00 a.m.
to 6:00 p.m., with setup beginning September 20, 2013 at 5:00 p.m., to grant a waiver to
the City Code of Ordinances, Section 101.32, Section 101.32, "Assemblies ", to allow
assembly on the beach; to allow use of the Sandoway Parking lot for athlete and
spectator parking; and to authorize staff support for lifeguard assistance and traffic
control; contingent upon receipt of a turtle permit fourteen (14) days prior to the event
and a copy of the temporary liquor license by September 12, 2013. Per the current
Special Event Policies and Procedures, the DBMC will pay 50% of applicable costs plus
a 5% administrative fee.
P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
August 5, 2013 through August 16, 2013.
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Q. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Municipal Code Corporation at an annual estimated cost of
$140,000.00 to piggyback the current City of Sarasota contract to print and mail
utility invoices. Funding is available from 441 - 5112 - 536 -34.90 (Water and Sewer
Fund: Other Contractual Services) and 441 - 5112 - 536 -42.10 (Water and Sewer
Fund: Transportation /Postage).
2. Contract award to Stuart Fence Co., Inc. in the amount of $15,700.00 for
installing a chain link fence along the north perimeter of the Water Treatment
Plant area at the Environmental Services Department Compound. Funding is
available from 442 - 5178 - 536 -63.90 (Water & Sewer Renewal & Replacement
Fund: Improvements Other /Other Improvements).
3. Purchase award to Environmental Products of Florida Corporation in the
amount of $18,535.00, for new Envirosight Underground Infrastructure
Inspection System for the Maintenance Division of the Public Works
Department. Funding is available from 448 - 5461 - 538 -64.90 (Storm Water Utility
Fund: Machinery /Equipment /Other Machinery /Equipment).
4. Purchase award to Odyssey Manufacturing, Co., in the amount of $48,010.00
for the Water Treatment Plant Sodium Hypochlorite Storage Tank replacement
project. Funding is available from 442 - 5178 - 536 -64.90 (Water & Sewer Renewal
and Replacement Fund: Machinery /Equipment /Other Machinery /Equipment).
9. REGULAR AGENDA:
A.A. ACCEPTANCE OF BUILDINGS, PLAYGROUND AND PARKING
SPACE /PALM BEACH COUNTY HEAD START: Approve acceptance of
buildings, playground and parking spaces from Palm Beach County Head Start located
at S.W. 6`h Street within Catherine Strong Park. (Motion to accept; Approved, 5 -0)
B.B. GRANT APPLICATION /STAFFING FOR ADEQUATE FIRE AND
EMERGENCY RESPONSE (SAFER) Approve authorization to submit the
Staffing for Adequate Fire and Emergency Response (SAFER) grant application to
provide funding for staffing at the Fire Department. (Motion to approve; Approved, 5 -0)
C.C. HOLD HARMLESS AGREEMENT /ATLANTIC CROSSING /ATLANTIC
AVENUE: Approve a Hold Harmless Agreement with CDS Delray Redevelopment
LLC., CDR Atlantic Plaza Ltd., and CDS Freeore LLC., to allow for the installation and
construction to take place between N.E. 6`h Avenue and Veterans Park and between
Atlantic Avenue and N.E. 1" Street for the development known as Atlantic Crossing.
(Commissioner Frankel left the meeting. Motion to approve; Approved, 4 -0)
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D.D. HOLD HARMLESS AGREEMENT /ATLANTIC CROSSING/ FEDERAL
HIGHWAY: Approve a Hold Harmless Agreement with CDS Delray Redevelopment
LLC., CDR Atlantic Plaza Ltd., and CDS Freeore LLC., to allow for the installation and
construction to take place within the State right -of -way at Federal Highway (N.E. 6`h
Avenue) for development known as Atlantic Crossing. (Motion to approve; Approved, 4 -0)
E.E. FINANCIAL AUDITING FIRM SELECTION /CALER, DONTEN, LEVINE,
PORTER & VEIL: Approve the firm selection of Caler, Donten, Levine, Porter &
Veil for financial auditing services and authorize staff to enter into contract
negotiations. (Motion to approve; Approved, 3 -1; Commissioner Jacquet dissenting)
A. CONDITIONAL USE REQUEST /ST. GEORGE: Consider approval of a
conditional use request to allow a free - standing multiple family housing development
within the GC (General Commercial) and RM (Medium Density Residential) zoning
districts for St. George, a proposed 38 -unit townhouse development located at 1023
North Federal Highway. (QUASI-JUDICIAL HEARING) (Motion to adopt the board
order; Approved, 5 -0)
(At this point, Commissioner Petrolia made a motion to extend the meeting past 11:00 p.m., seconded by
Commissioner Gray. Approved, 3 -2; Commissioner Jacquet and Commissioner Frankel dissenting)
B. EARLY RETIREMENT OPTION: Consider approval to open the early retirement
window for General Employees. (Motion to approve; Approved, 4 -0)
C. SPECIAL EVENT REQUEST /ST. PATRICK'S DAY
FESTIVAL: Consider approval of a special event request for the St. Patrick's Day
Festival on March 14, 2014, from 5:00 p.m. to 10:00 p.m. and March 15, 2014 from
11:00 a.m. to 7:00 p.m., on the grounds of Delray Beach Center for the Arts; approve
staff support for security, EMS assistance and Fire Inspection services, and stage rental;
contingent upon the conditions listed in the staff report. The event sponsor will be
required to pay 100% of all applicable City costs plus a 5% administrative fee. (Motion to
approve contingent upon conditions listed in staff report; Approved, 4 -0)
D. SPECIAL EVENT REQUEST /ST. PATRICK'S DAY PARADE: Consider
approval of a special event request for the St. Patrick's Day Parade to be held on March
15, 2014, from 2:00 p.m. to 4:00 p.m.; to grant a temporary use permit per LDR's
Section 2.4.6(F) for the use of Atlantic Avenue from A-1 -A to NW 51h Avenue for the
parade and Atlantic from A -1 -A to the bridge with overflow on East Drive to Lowry
Street and Gleason if needed for staging of parade entries and the closure of Atlantic
Avenue from NE /SE 51h Avenue to Swinton until 6:00 p.m.; approve staff support for
traffic control and security, barricading, EMS assistance, signage, use of the small stage
and allow event signage to be put up on March 1, 2014; contingent upon the conditions
of approval listed in the staff report. The event sponsor will be required to pay 100%
of applicable City costs plus a 5% administrative fee. (Motion to approve contingent upon
conditions listed in staff report; Approved, 4 -0)
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E. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two (2)
regular members and one (1) alternate member to the Board of Adjustment to serve two
(2) years terms ending August 31, 2015. Based upon the rotation system, the
appointments will be made by Commissioner Frankel (Seat #3), Commissioner Gray
(Seat #4) and Mayor Glickstein (Seat #5). (Appointed Michael Park and approved, 4 -0; and
appointed Harvey Starin and approved 4 -0. Commissioner Frankel's appointment postponed to
September 3, 2013)
F. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD:
Appoint three (3) regular members to serve two (2) year terms ending August 31, 2015
and one (1) regular member to serve an unexpired term ending August 31, 2014 to the
Historic Preservation Board. Based upon 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). (Appointed John
Miller and approve, 4 -0; and appointed Samuel Spear and approved 4 -0. Commissioner
Frankel's appointment postponed to September 3, 2013 and Commissioner Jacquet's
appointment deferred to September 3, 2013.)
G. APPOINTMENTS TO THE PLANNING & ZONING BOARD: Appoint three
(3) regular members to the Planning & Zoning Board to serve two (2) year terms ending
August 31, 2015. Based upon the rotation system, the appointments will be made by
Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner
Frankel (Seat #3). (Appointed Christopher Davey and approved, 4 -0; and appointed Jordana
Jarjura and approved 4 -0. Commissioner Frankel's appointment postponed to September 3,
2013)
H. APPOINTMENTS TO THE SITE PLAN REVIEW & APPEARANCE
BOARD: Appoint two (2) regular members to serve two (2) year terms ending August
31, 2015 to the Site Plan Review & Appearance Board. Based upon the rotation system,
the appointments will be made by Commissioner Jacquet (Seat #2) and Commissioner
Frankel (Seat #3). (Appointed James Chard and approved 4 -0. Commissioner Frankel's
appointment postponed to September 3, 2013)
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.
B. 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. (Motion to approve; Approved, 4 -1; Commissioner Jacquet
dissenting)
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C. 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. (Motion to approve; Approved, 5 -0)
D. 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 ". (Motion to approve as amended; Approved, 3 -2;
Commissioner Petrolia and Mayor Glickstein dissenting)
E. 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. (Motion to approve; Approved, 5 -0)
F. 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. (Motion to approve; Approved, 5 -0)
G. ORDINANCE NO. 17 -13: Consider amending Chapter 32 "Departments, Boards
and Commissions ", of the Code of Ordinances, by amending Section 32.08(E), "Length
of Terms; Restrictions ", for the purpose of removing reference to the Neighborhood
Advisory Council; repealing Sections 32.45, "Establishment "; 32.46, "Composition;
Appointment; Terms "; 32.47, "Organization "; 32.48, "Qualifications of Members ",
32.49, "Duties and Responsibilities ", 32.50, "Meetings ", in their entirety. (Motion to
approve; Approved, 5 -0)
11. FIRST READINGS:
A. ORDINANCE NO. 18 -13: Consider approval to individually designate the property
located at 2 Fisher Lane, as "Two Fisher Lane ", and list it on the Local Register of
Historic Places. If passed a public hearing will be held on September 3, 2013. (Motion to
approve; Approved, 4 -0)
12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: AUGUST 16, 2013
* * ** *Meeting adjourned at 12.•09 p.m. * * * **
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