09-03-13 Agenda Results Regular MeetingCity of Delray Beach
Regular Commission Meeting
AGENDA RESULTS
Tuesday., September 3, 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. (Vice -Mayor Jacquet was absent)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. July 25, 2013 — Regular Meeting (Approved, 4 -0)
B. August 27, 2013 — Special Meeting (Approved, 4 -0)
5. PRESENTATIONS:
A. Matchpoint Presentation — Mark Baron
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. (Motion to remove Item 9.C. Initiation of Amendment to Land
Development Regulations (LDR) /Pineapple Grove Way and Item 9.D., Initiation to Amendment to
Land Development Regulations (LDR) /Central Business District (CBD) /Density Height; No Action
Taken, will remain on the Regular Agenda for discussion. Mayor Glickstein noted Item 8.X.1., Bid
Award /All Phase Roofmg and Construction, Inc., was moved to the Regular Agenda as Item 9.A.A.
Approved as amended, 4 -0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 4 -0)
A. RESOLUTION NO. 35 -13: ABANDONMENT OF RIGHT OF WAYS:
MORSE OPERATIONS, INC.: Approve Resolution No. 35 -13; abandoning
portions of the road rights -of -way for Avenue "F" (aka Fladell Way) and Avenue "G"
(aka Transportation Lane), pursuant to Land Development Regulations (LDR) Section
2.4.6(1V1), "Abandonment of Rights -of- Way ".
1. TEMPORARY ACCESS UTILITY EASEMENT AGREEMENT:
Approve a Temporary Access Utility Easement Agreement with Morse
Operations which will provide the abandoned rights -of -way for Avenue "F"
(a /k /a Fladell Way) and Avenue "G" (a /k /a Transportation Lane) to
accommodate redevelopment of the adjacent properties for a proposed Honda
automobile dealership.
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B. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1 /FINAL) /COASTAL
CONTRACTING & DEVELOPMENT, INC./ATLANTIC AVENUE
GATEWAY ART FEATURE: Approve Contract Closeout (C.O. No. 1 /Final) in the
amount of a $51,396.59 decrease and final payment in the amount of $62,521.73 to
Coastal Contracting & Development, Inc., for completion of the Atlantic Avenue
Gateway Art Feature Project. Funding is available from 334 - 3162 - 541 -68.09 (General
Construction Fund /Other Improvement /Atlantic Avenue Gateway Feature).
C. RESOLUTION NO. 36 -13: Approve Resolution No. 36 -13 providing support of the
Beach Renourishment Project and ongoing funding commitment to provide for the
local match.
D. AMENDMENT NO. 1 TO THE DEP AGREEMENT/ 2013 BEACH
RENOURISHMENT PROJECT: Approve Amendment No. 1 to the Department
of Environmental Protection (DEP) Agreement No. 12PB1 for the state's cost sharing
of the 2013 Beach Renourishment Project.
E. AGREEMENT /UNITED STATES DEPARTMENT OF JUSTICE, DRUG
ENFORCEMENT ADMINISTRATION (DEA) /CONTROLLED
PHARMACEUTICALS: Approve and accept a State and Local Task Force
Agreement between the City and the United States Department of Justice, Drug
Enforcement Administration (DEA), to reimburse the Delray Beach Police Department
for overtime up to $17,202.25 (subject to availability of funds), to disrupt and dismantle
individuals and organizations involved in diversion schemes of controlled
pharmaceuticals.
F. AGREEMENT /UNITED STATES DEPARTMENT OF IUSTICE. DRUG
ENFORCEMENT ADMINISTRATION (DEA) /ILLEGAL NARCOTICS
AND DANGEROUS DRUGS: Approve and accept a State and Local Task Force
Agreement between the City and the United States Department of Justice, Drug
Enforcement Administration (DEA), to reimburse the Delray Beach Police Department
for overtime up to $17,202.25 subject to availability of funds, to disrupt the illicit drug
trafficking in illegal narcotics and dangerous drugs.
G. K -9 SALE AND HOLD HARMLESS AGREEMENT: Approve a K -9 Sale and
Hold Harmless Agreement regarding the sale of Police canine "Karo" to Officer
Thomas Tolbert.
H. AMENDMENT NO. 1 TO THE AGREEMENT WITH ACTION LABOR
MANAGEMENT, LLC./ STAFFING CONNECTIONS: Approve Amendment
No. 1 to the Agreement with Action Labor Management, LLC. d /b /a Staffing
Connections to perform crossing guard services for schools located within the City's
jurisdiction for a period of one (1) year. Funding is available from 001 - 2115 - 521 -34.90
(General Fund: Other Contractual Services).
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I. GRANT APPLICATION TO FLORIDA RECREATION DEVELOPMENT
ASSISTANCE PROGRAM (FRDAP) /POMPEY PARK POOL: Authorize staff
to submit a grant application to the Florida State Department of Environmental
Protection's Recreation Development Assistance Program for funding in the amount of
$178,250.00 to redesign the wading pool at Pompey Park Pool located at 1101 N.W. 2nd
Street.
GRANT APPLICATION TO FLORIDA RECREATION DEVELOPMENT
ASSISTANCE PROGRAM (FRDAP)/VETERANS PARK PLAYGROUND:
Authorize staff to submit a grant application to the Florida State Department of
Environmental Protection's Recreation Development Assistance Program for
funding in the amount of $138,500.00 to replace playground equipment for Veterans
Park.
K. LANDSCAPE MAINTENANCE AGREEMENT RENEWAL/ SPORTS TURF
ONE: Approve renewal of a Landscape Maintenance Agreement with Sports Turf
One in the amount of $77,148.00 for the Seacrest Soccer Complex and Hilltopper
Stadium. Funding is available from 001 - 4131 - 572 -34.90 (General Fund: Other
Contractual Service).
L. LANDSCAPE MAINTENANCE AGREEMENT RENEWAL/ COMPLETE
PROPERTY SERVICES OF SOUTH FLORIDA, INC.: Approve Renewal of a
Landscape Maintenance Agreement with Complete Property Services of South Florida,
Inc. in the amount of $ $39,970.00 for Homewood Boulevard and Linton Boulevard
and three (3) medians on Military Trail. Funding is available from 001 - 4131 - 572 -34.90
(General Fund: Other Contractual Service).
M. HOUSING REHABILITATION GRANT /CONTRACT AWARD: Award one
(1) Housing Rehabilitation contract award through the State Housing Initiative Program
(SHIP) to the second lowest responsive bidder for 128 N.W. 10`'' Avenue to Cordoba
Construction, Co., in the amount of $18,529.10. Funding is available from 118 -1924-
554- 49.19 (Neighborhood Services: Other Current Charges /Housing Rehabilitation)
and 118 - 1974- 554 -49.19 (Neighborhood Services: Other Current Charges /Housing
Rehabilitation).
N. RESOLUTION NO. 17 -13: Approve Resolution No. 17 -13 assessing costs for
abatement action required to remove nuisances on three (3) properties throughout the
City of Delray Beach.
O. RATIFICATION OF APPOINTMENTS TO THE PARKING
MANAGEMENT ADVISORY BOARD: Approve and ratify the appointments of
regular representative Mr. William Branning and Reginald Cox as the alternative
representative for the Community Redevelopment Agency (CRA) to the Parking
Management Advisory Board for expired terms ending July 31, 2014 and July 31, 2015.
P. 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.
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Q. FY 2014 GOLF RATES / DELRAY BEACH MUNICIPAL GOLF COURSE:
Approve the proposed maximum rates for the Delray Beach Municipal Golf Course.
R. FY 2014 TENNIS RATES /TENNIS FACILITIES: Approve the proposed
maximum rates for the Tennis Facilities.
FY 2014 GOLF RATES/ LAKEVIEW GOLF COURSE: Approve the proposed
maximum rates for the Lakeview Golf Course.
T. SPECIAL EVENTS REQUEST /ON THE AVE: Approve a special event request
for On the Ave to be held on October 17, 2013 from 6:00 p.m. to 10:00 p.m; grant a
temporary use permit per LDR's Section 2.4.6(F) for the closure and use of N.E. 2nd
Avenue from the alley north of Atlantic Avenue to south of the garage entrance to City
Walk. N.E. 15` Street will remain open to traffic and authorize staff support for security
and traffic control, EMS assistance and fire inspection, banner hanging and removal,
event signage, barricade set up and removal, and trash removal and clean up; contingent
on the receipt of a letter from the private property owners for the car show by October
3, 2013. The event sponsor will pay 50% for all overtime costs and an administrative fee
for an estimated charge of $2,225.00.
U. SPECIAL EVENT REQUEST /141`11 ANNUAL DOWNTOWN DELRAY
BEACH THANKSGIVING WEEKEND ART FESTIVAL: Approve a special
event request for the 14`'' Annual Downtown Delray Beach Thanksgiving Weekend Art
Festival to be held on November 30, 2013 through December 1, 2013 from 10:00 a.m.
until 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for use of
N.E. 4`'' from Atlantic Avenue to N.E. 2nd Street and from Atlantic Avenue to S.E. 2nd
Street and the north Hands parking lot for vendors; to authorize staff support for traffic
control, security, and Fire Inspector. The event sponsor will pay 100% for all overtime
costs and an administrative fee for an estimated charge of $6,602.00.
V. PROCLAMATIONS:
National Sickle Cell Month — September 2013
W. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
August 19, 2013 through August 30, 2013.
X. AWARD OF BIDS AND CONTRACTS:
(MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA)
2. Contract award to Layne Inliner, LLC. in the amount of $45,475.00 for
rehabilitation of sanitary sewer main segments as part of the annual Sanitary
Sewer Main Rehabilitation program. Funding is available from 442- 5178 -536-
63.51 (Water & Sewer Renewal & Replacement Fund: Improvements
Other /Sewer Main).
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3. Purchasing award to NDI Recognition Systems (NDIRS) in the amount of
$25,000.00 for the purchase of a speed /radar trailer fully equipped with an
Automated License Plate Recognition System (APLR). Funding is available from
001 - 2115 - 521 -64.11 (General Fund: Machinery /Equipment /Computer
Equipment) .
4. Purchase award to NAFECO in the amount of $16,996.00 for a CMC Confined
Space USAR Task Force Communication Kit for the Fire - Rescue Department.
Funding is available from 001 - 2315 - 526 -64.90 (General Fund:
Machinery /Equipment /Other Machinery /Equipment).
9. REGULAR AGENDA:
AA. Bid award to All Phase Roofing and Construction, Inc., in the amount of $249,210.00
for modifications to the Beach Master Plan Gazebo project. Funding is available from
117 - 4170 - 572 -68.83 (Recreation Impact Fee FD: Other Improvement /Beach Pavilion)
(Motion to approve; Approved, 4 -0)
A. AMENDMENT NO. 5 TO THE AGREEMENT /MATCH POINT, INC.:
Consider approval of Amendment No. 5 to the Agreement with Match Point, Inc. to
allow the number of players for the Champions Tour Event to be six (6) players
through the term of the original agreement of 2030. (Motion to approve; Approved, 3 -1.
Commissioner Petrolia dissenting)
B. DISCUSSION REGARDING A TWO YEAR WAITING PERIOD FOR
FORMER COMMISSIONERS BEFORE BEING ELIGIBLE FOR
APPOINTMENT TO CITY BOARDS: (Consensus 2 -2, no action taken, will come back
to the September 17, 2013 Regular Meeting)
C. INITIATION OF AMENDMENT TO LAND DEVELOPMENT
REGULATIONS /PINEAPPLE GROVE WAY: Consider approval to initiate an
amendment to the Land Development Regulations (LDR) Section 4.4.13(q(1), "Special
Regulations ", prohibiting ground floor office uses for specific areas along Pineapple
Grove Way. (No Action Taken will come back to the September 17, 2013 Regular Meeting)
D. INITIATION TO AMENDMENT TO LAND DEVELOPMENT
REGULATIONS (LDR) /CENTRAL BUSINESS DISTRICT
(CBD) /DENSITY HEIGHT: Consider approval to initiate amendments to the
Land Development Regulations (LDR) Sections 4.4.13(D), "Conditional Uses
Allowed ", Section 4.4.13(F), "Development Standards ", Section 4.4.13(1)(2),
"Performance Standards" and Section 4.3.4U) (4), pertaining to density, height, number
of stories and unit mix within the Central Business District (CBD). (Moved to the
September 17, 2013 Regular Meeting)
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E. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
alternate member to the Board of Adjustment to serve a two (2) year term
ending August 31, 2015. Based upon the rotation system, the appointment will be made
by Commissioner Frankel (Seat #3). (Commissioner Frankel's appointment was deferred to
the September 17, 2013 Regular Meeting)
F. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD:
Appoint two (2) regular members to serve two (2) year terms ending August 31, 2015
to the Historic Preservation Board. Based upon the rotation system, the appointments
will be made by Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3).
(Appointed Iris McDonald and approved 4 -0. Commissioner Jacquet's appointment was
postponed to the September 17, 2013 Regular Meeting)
G. APPOINTMENT TO THE PLANNING & ZONING BOARD: Appoint one
(1) regular member to the Planning & Zoning Board to serve a two (2) year term ending
August 31, 2015. Based upon the rotation system, the appointment will be made by
Commissioner Frankel (Seat #3). (No Action Taken, will come back to the September 17,
2013 Regular Meeting)
H. APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE
BOARD: Appoint one (1) regular member to serve a two (2) year term ending August
31, 2015 to the Site Plan Review & Appearance Board. Based upon the rotation system,
the appointment will be made by Commissioner Frankel (Seat #3). (Appointed Terra
Spero and approved 4 -0)
10. PUBLIC HEARINGS:
A. RESOLUTION NO. 38 -13 (TENTATIVE MILLAGE LEVY A resolution
tentatively levying a tax on all properties within the City of Delray Beach for operation
and maintenance and for payment of principal and interest on bonded indebtedness for
FY 2014. (First motion to approve Resolution No. 38 -13 to set the operating millage at 7.3546
for a total millage rate of 7.6999; Motion failed for lack of a second. Second motion to approve
7.1992 as operating millage with debt millage at .3453 (same as last year) for a total of 7.5445;
Denied, 3 -1. Commissioner Frankel dissenting. Third motion to approve Resolution No. 38 -13
to set the total millage rate at 7.6999; Approved, 3 -1. Commissioner Frankel dissenting)
B. RESOLUTION NO. 39 -13 (TENTATIVE MILLAGE LEVY/DD A A
resolution tentatively levying a tax of one mill on all properties within the Downtown
Development Authority Taxing District of the City of Delray Beach for FY 2014.
(Mayor Glickstein left the dais. Motion to approve; Approved, 3 -0)
C. RESOLUTION NO. 40 -13 (TENTATIVE BUDGET ADOPTION FOR FY
2014): A resolution tentatively making appropriations of sums of money for all
necessary expenditures of the City of Delray Beach for the period October 1, 2013
through September 30, 2014. (Mayor Glickstein returned to the dais. Motion to approve;
Approved, 3 -1. Commissioner Frankel dissenting)
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D. RESOLUTION NO. 33 -13 /CONTRACT FOR SALE AND PURCHASE OF
710 S.W. 5TH AVENUE: Consider approval of Resolution No. 33 -13, a contract for
sale and purchase, authorizing the City to sell the Neighborhood Stabilization Program
property located at 710 S.W. 5`'' Avenue to Kimberly L. Spells in the amount of
$112,960.00 or appraised value and provide subsidy up to $32,200.00 secured by
promissory note and second mortgage. (Motion to approve; Approved, 4 -0)
E. 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. (Motion to approve; Approved, 4 -0)
11. FIRST READINGS:
A. ORDINANCE NO. 25 -13: An ordinance amending Chapter 51, "Garbage and
Trash ", of the City Code of Ordinances by amending Section 51.70, "Regular Charges
Levied ", to provide for increased residential and commercial collection service rates for
FY 2014. If passed, a public hearing will be held on September 17, 2013. (Motion to
approve; Approved, 4 -0)
B. ORDINANCE NO. 19 -13: Consider a city - initiated amendment to the Land
Development Regulations (LDR) Section 2.2.4, "Board of Adjustment ", Subsection B,
"Composition ", to modify the board member requirements for the Board of
Adjustment. If passed, a public hearing will be held on September 17, 2013. (Motion to
approve; Approved, 4 -0)
C. ORDINANCE NO. 20 -13: Consider a city - initiated amendment to the Land
Development Regulations (LDR), by amending Section 2.2.2, "The Planning and
Zoning Board ", Subsection C, "Composition ", to modify the Board member
requirements. If passed, a public hearing will be held on September 17, 2013. (Motion to
approve as amended; Approved, 3 -1. Commissioner Frankel dissenting)
D. ORDINANCE NO. 21 -13: Consider a city - initiated amendment to Land
Development Regulations (LDR), by amending Article 8.1, "The Community
Redevelopment Agency ", Section 8.1.1, "Community Redevelopment Agency ",
Subsection (B), "Members ", to provide that the appointments for Chair and Vice -Chair
shall occur on an annual basis. If passed, a public hearing will be held on September 17,
2013. (Motion to approve; Approved, 4 -0)
E. ORDINANCE NO. 22 -13: Consider an amendment to Chapter 35, "Employee
Policies and Benefits ", Section 35.095, "Contributions of Participant and City ",
Subsection (A), "Participant's Contribution Account ", to clarify when contributions
shall cease. If passed, a public hearing will be held on September 17, 2013. (Motion to
approve; Approved, 4 -0)
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F. ORDINANCE NO. 23 -13: Consider an amendment to Chapter 35, "Employee
Policies and Benefits ", Section 35.105, "Administration by Retirement Committee ",
Subsection (C), "Action by Committee ", Subsection (G) "[Actuary's Responsibilities] ",
to allow the Retirement Committee to contract directly with the Actuary. If passed, a
public hearing will be held on September 17, 2013. (Motion to approve; Approved, 4 -0)
G. ORDINANCE NO. 24 -13: Consider an amendment to Chapter 33, "Police and Fire -
Rescue Departments ", Section 33.65, "Administration ", to clarify the membership of
the board. If passed, a public hearing will be held on September 17, 2013. (Consensus of
the Commission to bring back on the September 17, 2013 Regular Meeting as a First Reading)
12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: AUGUST 30, 2013
* * * ** *Meeting adjourned at 9.24 p.m. * * * * **
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