11-05-13 Agenda Results Regular MeetingMicrosoft Word - 11-05-13 Agenda Results Regular Meeting.doc
City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** Tuesday, November 5, 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
11/05/2013 -2 -1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. APPROVAL OF MINUTES: A. September 3, 2013 – Regular Meeting (Approved, 5-0) B. September 17, 2013
– Regular Meeting (Approved, 5-0) C. October 1, 2013 – Regular Meeting (Approved, 5-0) D. October 8, 2013 – 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.M., Interlocal Agreement/Community
Redevelopment Agency (CRA): Neighborhood Planner Position, was moved to the Regular agenda as Item 9.A.A.; Item 8.N., Interlocal Agreement/Community Redevelopment Agency (CRA): In-House
Project Manager Services Position, was moved to the Regular agenda as Item 9.B.B.; Item 8.O., Interlocal Agreement/Community Redevelopment Agency (CRA): Housing Rehabilitation Inspector
Position was moved to the Regular agenda as Item 9.C.C.; Item 8.Y.2., Purchase Award/Tanner Industries was moved to the Regular agenda as Item 9.D.D.; Staff requested that Item 8.Y.4.,
Purchase Award/Otto Environmental Systems, be REMOVED. 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 October 17, 2013. B. HOLD HARMLESS AGREEMENT/DELRAY PLACE, LLC.: Approve a Hold Harmless Agreement with Delray Place, LLC., for installation and construction within the State
right-of-way on Federal Highway for the development known as Delray Place located at 1801 and 1845 South Federal Highway.
11/05/2013 -3 -C. HOLD HARMLESS AGREEMENT/924 SOUTH OCEAN BOULEVARD: Approve a Hold Harmless Agreement with Lidia Soltysik -Kaminska, Zygmunt Kaminski & Piotr Marcin Kaminski for water
and sewer service connections to the respective mains on South Ocean Boulevard for the property located at 924 South Ocean Boulevard. D. REQUEST FOR A SIDEWALK DEFERRAL/729 LAKE SHORE
DRIVE: Approve an agreement to defer installing a sidewalk along Lake Shore Drive for the property located at 729 Lake Shore Drive. E. REQUEST FOR A SIDEWALK DEFERRAL/825 LAKE SHORE
DRIVE: Approve an agreement to defer installing a sidewalk along Lake Shore Drive for the property located at 825 Lake Shore Drive. F. PROPOSAL FOR CONSTRUCTION ADMINISTRATION/COASTAL
PLANNING & ENGINEERING, INC.: Approve a proposal for construction administration with Coastal Planning & Engineering, Inc. in an amount not to exceed $50,619.00 for the Beach Renourishment
Project. Funding is available 332-4164-572-31.30 (Beach Restoration Fund: Professional Services/Engineering/Architectural); which is 100% reimbursable from Federal, State and County
funding sources. G. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/INTERCOUNTY ENGINEERING, INC. /CONGRESS AVENUE FORCE MAIN REPLACEMENT: Approve Contract Closeout (C.O. No. 1/Final) in
the amount of $155,638.03 decrease and final payment in the amount of $23,949.63 to Intercounty Engineering, Inc. for completion of the Congress Avenue Force Main Replacement Project.
Funding is available from 442-5178-536-68.89 (Water/Sewer Renewal & Replacement Fund: Improvements Other/Congress Avenue Force Main Replacement). H. SERVICE AUTHORIZATION NO. 12-08/MATHEWS
CONSULTING, INC.: Approve Service Authorization No. 12-08 to Mathews Consulting, Inc., in the amount of $68,305.00 for professional engineering services for bidding, construction administration
and specialty inspections for the Reclaimed Water Area 12A Phase II Project. Funding is available from 441-5161-536-68.73 (Water and Sewer Fund: Improvements Other/Reclaimed Water, Area
12A). I. ACCEPT GRANT AWARD/ALTERNATIVE WATER SUPPLY GRANT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Approve acceptance of a Grant Award in the amount of $100,000.00 for a SFWMD
Alternative Water Supply grant to provide supplementary funding for the Area 12A-Phase 1 Reclaimed Water System Expansion Project. J. EXTENSION OF ENGINEERING CONSULTING SERVICES AGREEMENTS
(PROJECT #12-057): Approve a one (1) year extension of agreements with Kimley-Horn & Associates, Mathews Consulting, Inc., Calvin Giordano & Associates, Inc., and the Wantman Group for
Engineering Consulting Services (Project #12-057).
11/05/2013 -4 -K. INTERLOCAL FUNDING AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/ECONOMIC DEVELOPMENT DIRECTOR AND ECONOMIC DEVELOPMENT MANAGER: Approve an Interlocal Agreement between
the City and the Community Redevelopment Agency (CRA) for funding of the Economic Development Director and Economic Development Manager positions. The CRA will fund 50% of the cost (approximately
$45,000) for the Economic Development Director position and 50% of the cost (approximately $35,000) for the Economic Development Manager. The total salary/benefits is not to exceed amount
of $90,000 (Economic Development Director) and a not to exceed amount of $70,000 (Economic Development Manager), respectively. The City will also pay 50% of each position costs. L. INTERLOCAL
AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA): DOWNTOWN ROUNDABOUT TROLLEY: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) for funding in an amount not
to exceed $300,000.00 for the operation of the Downtown Roundabout Trolley service in the downtown area. M. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA) N. (MOVED TO ITEM 9.B.B. ON THE
REGULAR AGENDA) O. (MOVED TO ITEM 9.C.C. ON THE REGULAR AGENDA) P. FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA): MICROENTERPRISE PROGRAM: Approve
First Amendment to the Interlocal Agreement with the Community Redevelopment Agency (CRA) to amend the term and the dates for the quarterly payments to be made to the City. Q. REQUEST
FOR A REFUND FOR IN-LIEU PARKING SPACES/T.O. ENTERPRISE: Approve a request from T.O. Enterprise to refund $46,800.00 for three (3) in-lieu parking spaces paid for a project which has
been withdrawn located at 234 N.E.4th Avenue. R. FINANCIAL ADVISORY SERVICES/PUBLIC FINANCIAL MANAGEMENT (PFM) INC.: Approve an agreement with Public Financial Management (PFM) Inc.,
to provide government financial advisory services. The financial advisory services agreement will incorporate the Town of Palm Beach’s RFP No. 2013-03 as a cooperative share. S. CLASS
ACTION SETTLEMENT/NWABUEZE, ET AL. V. AT&T: Provide authorization to participate in a class action settlement from AT&T for unauthorized Third Party charges on our landline bills from
January 1, 2005 through January 14, 2013.
11/05/2013 -5 -T. RATIFICATIONS TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointments of Mr. Gerald Franciosa as the regular representative and Mr. Clifford Durden
as the alternative representative on the Planning & Zoning Board to the Parking Management Advisory Board for terms ending July 31, 2014 and July 31, 2015. U. REQUEST FOR SUBORDINATION/3740
LANCEWOOD PLACE: Authorize and approve a request for the City to subordinate its Neighborhood Stabilization Program (NSP) second mortgage position to allow Lana Ritz to modify her mortgage
to reduce her interest rate and shorten the loan term with no consolidation of debt or cash-out for 3740 Lancewood Place. V. RESOLUTION NO. 51-13: Approve Resolution No. 51-13 assessing
costs for abatement action required to remove nuisances on eight (8) properties throughout the City of Delray Beach. W. PROCLAMATIONS: 1. Delray Reads Day – November 13, 2013 2. Family
Promise Week – November 10-16, 2013 X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October
14, 2013 through November 1, 2013. Y. AWARD OF BIDS AND CONTRACTS: 1. Contract award with Prolime Corporation (PC) in an amount not to exceed $240,000.00 for hauling and disposal of
liquid lime slurry from the Water Treatment Plant (WTP) for Fiscal Year 2014. Funding is available from 441-5122-536-34.90 (Water and Sewer Fund: Other Contractual Services). 2. (MOVED
TO ITEM 9.D.D. ON THE REGULAR AGENDA) 3. Purchase award to The Dumont Company, Inc. at an annual estimated cost of $42,500.00 for the purchase and delivery of Hydrofluorosilicic Acid.
Funding is available from 441-5122-536-52.21 (Water & Sewer Fund: Operating Supplies/Chemicals). 4. Purchase award to Otto Environmental Systems, as a sole source provider, in the amount
of $60,000.00 for purchase of hot stamped garbage carts, lids and wheels to be ordered “as needed”. Funding is available from 433-3711-534-49.35 (Sanitation Fund: Other Current Charges/Cart
Renewal & Replacement). (REMOVED)
11/05/2013 -6 -9. REGULAR AGENDA: AA. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA): NEIGHBORHOOD PLANNER POSITION: Approve an Interlocal Agreement with the Community Redevelopment
Agency (CRA) to fund 50% of the cost, in an amount not to exceed $38,284.00 for the Neighborhood Planner Position. The City will also pay 50% of the cost. The total salary/benefits for
the position is $76,568. (Motion to approve; Approved, 5-0) BB. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA): IN-HOUSE PROJECT MANAGER SERVICES POSITION: Approve an Interlocal
Agreement with the Community Redevelopment Agency (CRA) to fund 100% of the cost, in an amount not to exceed $91,750.00 for the In-House Project Manager Services Position. (Motion to
approve; Approved, 5-0) CC. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA): HOUSING REHABILITATION INSPECTOR POSITION: Approve an Interlocal Agreement with the Community Redevelopment
Agency (CRA) to contribute 50% of the cost, in an amount not to exceed $36,936.00 for the Housing Rehabilitation Inspector Position. The City will also pay 50% of the cost. The total
salary/benefit costs for the position is $73,872. (Motion to approve; Approved, 5-0) DD. Purchase award to Tanner Industries at an estimated annual cost of $59,000.00 for Anhydrous Ammonia
for the Water Treatment Plant through an active contract with the City of Stuart. Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). (Motion
to approve; Approved, 4-1. Commissioner Petrolia dissenting) A. WAIVER REQUESTS/THE STRAND: Consider approval of five (5) waiver requests to Land Development Regulations (LDR) Section
4.4.13(F)(4)(c)(1), “Front Setbacks”, for building frontage setback; to Land Development Regulations (LDR) Section 4.6.9(D)(3)(c)(1), “Point of Access to the Street System”, for minimum
stacking distance; to Land Development Regulations (LDR) Section 6.1.3(B)(1)(f), “Central Business District”, for reduction of the sidewalk width; to Land Development Regulations (LDR)
Section 4.6.14(B)(1), “Driveway Intersecting Street or Alley”, for reduction of the visibility triangle; and to Land Development Regulations (LDR) Section 4.6.18(B)(14)(iv)(2), “Roof
Top Parking”, for the minimum transparency or glass surface area requirement on the ground floor of all non-residential buildings for The Strand, located on the north and south sides
of S.E. 1st Street, west side of S.E. 3rd Avenue. (Quasi-Judicial Hearing) (Mayor Glickstein declared a conflict of interest then passed the gavel to Vice Mayor Jacquet and left the
dais. Motion to adopt the board order as presented; Approved, 3-1. Commissioner Petrolia dissenting) B. PROVIDE AUTHORIZATION/FLORIDA PUBLIC UTILITIES COMPANY: Provide authorization
for the City Attorney to proceed with joining with other municipalities in a lawsuit challenging the franchise fee payments from Florida Public Utilities Company from 2010 through the
present in light of the increased participation fee. (Mayor Glickstein returned to the dais. Motion to deny; Approved, 5-0)
11/05/2013 -7 -C. REVIEW AN OFFER OF SETTLEMENT IN ROBERT DeSISTO v. CITY OF DELRAY BEACH: Consider a Review in an Offer of Settlement in the total amount of $300,000.00 in Robert DeSisto
v. City of Delray Beach. Staff recommends denial. (Motion to deny; Approved, 5-0) D. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement
Board to serve an unexpired term ending January 14, 2015. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). (Commissioner Jacquet’s appointment
was deferred to the November 19, 2013 Regular Meeting; Approved, 5-0) 10. PUBLIC HEARINGS: A. 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. (Motion to approve; Approved, 5-0) B. ORDINANCE NO. 27-13: Consider an amendment to Chapter 30, “City Commission”,
Section 30.15, “Waivers of City Ordinances", to clarify the process for the granting of waivers for special events and to clarify who pays for the cost of publishing the notice of the
waiver request and amending Chapter 38, “City Policies”, to create a new Section 38.02, “Special Events”, in order to codify our special event policy by reference within our Code of
Ordinances. (Motion to approve; Approved, 5-0) 1. AMENDMENTS TO THE SPECIAL EVENT POLICIES AND PROCEDURES: Approve proposed amendments to the Special Event Policies and Procedures; contingent
upon approval of Ordinance No. 27-13. (Motion to approve; Approved, 5-0) 11. FIRST READINGS: A. ORDINANCE NO. 28-13: Consider a city initiated rezoning for Pelican Pointe Condominium
to change the zoning district map from RM (Medium Density Residential) District in part and GC (General Commercial) in part to RM (Medium Density Residential) District for the property
located east of South Federal Highway between Tropic Isle Drive and Bosun Way. If passed, a public hearing will be held on November 19, 2013. (Motion to approve; Approved, 5-0) B. ORDINANCE
NO. 29-13: Consider approval to repeal Chapter 36, “Finance; City Property Transactions”, and replacing it with a new Chapter 36, “Acquisition of Goods and Services and Disposal of City
Property”. If passed, a public hearing will be held on November 19, 2013. (Motion to approve; Approved, 5-0) C. ORDINANCE NO. 30-13: Consider an amendment to Chapter 99, “Noise Control”,
of the Code of Ordinances, by amending Section 99.03, “Loud and Unnecessary Noises Prohibited”, to amend allowable times for devices and construction noise. If passed, a public hearing
will be held on November 19, 2013. (Motion to approve; Approved, 5-0)
11/05/2013 -8 -12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: NOVEMBER 1, 2013 ***** Meeting adjourned at 8:26 p.m. *****
11/05/2013
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1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. September 3, 2013 – Regular Meeting (Approved, 5-0)
B. September 17, 2013 – Regular Meeting (Approved, 5-0)
C. October 1, 2013 – Regular Meeting (Approved, 5-0)
D. October 8, 2013 – Workshop Meeting (Approved, 5-0)
5. PRESENTATIONS:
A. S.P.I.R.I.T. (Service, Performance, Integ rity, Responsibility, Innovation, Teamwork)
Committee Quarterly Awards Presentation
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 8.M., Interlocal Agreement/Community
Redevelopment Agency (CRA): Neighborhood Planner Position, was moved to the Regular agenda as
Item 9.A.A.; Item 8.N., Interlocal Agreement/Community Redevelopment Agency (CRA): In-House
Project Manager Services Position, was moved to the Regular agenda as It em 9.B.B.; Item 8.O.,
Interlocal Agreement/Community Redevelopment Agency (CRA): Ho using Rehabilitation Inspector
Position was moved to the Regular agenda as It em 9.C.C.; Item 8.Y.2., Purchase Award/Tanner
Industries was moved to the Regula r agenda as Item 9.D.D.; Staff requested that Item 8.Y.4., Purchase
Award/Otto Environmental Systems, be REMOVED . 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 October 17, 2013.
B. HOLD HARMLESS AGREEMENT/DELRAY PLACE, LLC.: Approve a Hold
Harmless Agreement with Delray Place, LLC., for installation and construction within
the State right-of-way on Federal Highway fo r the development known as Delray Place
located at 1801 and 1845 South Federal Highway.
11/05/2013
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C. HOLD HARMLESS AGREEMENT/92 4 SOUTH OCEAN BOULEVARD:
Approve a Hold Harmless Agreement with Lidia Soltysik - Kaminska, Zygmunt
Kaminski & Piotr Marcin Kaminski for water and sewer service connections to the
respective mains on South Ocean Boulevard for the property located at 924 South
Ocean Boulevard .
D. REQUEST FOR A SIDEWALK DEFERRAL/729 LAKE SHORE DRIVE:
Approve an agreement to defer installing a sidewalk along Lake Shore Drive for the
property located at 729 Lake Shore Drive.
E. REQUEST FOR A SIDEWALK DEFERRAL/825 LAKE SHORE DRIVE:
Approve an agreement to defer installing a sidewalk along Lake Shore Drive for the
property located at 825 Lake Shore Drive.
F. PROPOSAL FOR CONSTRUCTION ADMINISTRATION/COASTAL
PLANNING & ENGINEERING, INC.: Approve a proposal for construction
administration with Coastal Planning & Engin eering, Inc. in an amount not to exceed
$50,619.00 for the Beach Renourishment Proj ect. Funding is available 332-4164-572-
31.30 (Beach Restoration Fund: Professi onal Services/Engineering/Architectural);
which is 100% reimbursable from Federal, State and County funding sources.
G. CONTRACT CLOSEOUT (CHANGE ORDER NO.
1/FINAL)/INTERCOUNTY ENGINEERING, INC. /CONGRESS AVENUE
FORCE MAIN REPLACEMENT: Approve Contract Closeout (C.O. No. 1/Final)
in the amount of $155,638.03 decrease and final payment in the amount of
$23,949.63 to Intercounty Engineering, In c. for completion of the Congress Avenue
Force Main Replacement Project. Fund ing is available from 442-5178-536-
68.89 (Water/Sewer Renewal & Repla cement Fund: Improvements Other/Congress
Avenue Force Main Replacement).
H. SERVICE AUTHORIZATION NO. 12-08/MATHEWS CONSULTING, INC.:
Approve Service Authorization No. 12-08 to Mathews Consulting, Inc., in the amount
of $68,305.00 for professional engineer ing services for bidding, construction
administration and specialty inspections for the Reclaimed Water Area 12A Phase II
Project. Funding is available from 441-5161-536-68.73 (Water and Sewer Fund:
Improvements Other/Reclaimed Water, Area 12A).
I. ACCEPT GRANT AWARD/ALTERNATIVE WATER SUPPLY
GRANT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(SFWMD): Approve acceptance of a Grant Award in the amount of $100,000.00 for a
SFWMD Alternative Water Supply grant to pr ovide supplementary funding for the Area
12A-Phase 1 Reclaimed Water System Expansion Project.
J. EXTENSION OF ENGINEERING CONSULTING SERVICES
AGREEMENTS (PROJECT #12-057): Approve a one (1) year extension of
agreements with Kimley-Horn & Associa tes, Mathews Consulting, Inc., Calvin
Giordano & Associates, Inc., and the Wantman Group for Engineering Consulting
Services (Project #12-057).
11/05/2013
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K. INTERLOCAL FUNDING AGREEMENT/COMMUNITY
REDEVELOPMENT AGENCY (CRA)/ECONOMIC DEVELOPMENT
DIRECTOR AND ECONOMIC DEVELOPMENT MANAGER: Approve an
Interlocal Agreement between the City an d the Community Redevelopment Agency
(CRA) for funding of the Economic Development Director and Economic
Development Manager positions. The CRA will fund 50% of the cost (approximately
$45,000) for the Economic Development Di rector position and 50% of the cost
(approximately $35,000) for the Econom ic Development Manager. The total
salary/benefits is not to exceed amount of $90,000 (Economic Development Director)
and a not to exceed amount of $70,000 (Economic Development Manager),
respectively. The City will also pay 50% of each position costs.
L. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA): DOWNTOWN ROUNDABOUT TROLLEY: Approve an
Interlocal Agreement with the Community Redevelopment Agency (CRA) for funding
in an amount not to exceed $300,000 .00 for the operation of the Downtown
Roundabout Trolley service in the downtown area.
M. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA)
N. (MOVED TO ITEM 9.B.B. ON THE REGULAR AGENDA)
O. (MOVED TO ITEM 9.C.C. ON THE REGULAR AGENDA)
P. FIRST AMENDMENT TO THE INTERLOCAL
AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA):
MICROENTERPRISE PROGRAM: Approve First Amendment to the Interlocal
Agreement with the Community Redevelopmen t Agency (CRA) to amend the term and
the dates for the quarterly paym ents to be made to the City .
Q. REQUEST FOR A REFUND FOR IN-LIEU PARKING SPACES/T.O.
ENTERPRISE: Approve a request from T.O. En terprise to refund $46,800.00 for
three (3) in-lieu parking spaces paid for a project which has been withdrawn located at
234 N.E.4 th Avenue.
R. FINANCIAL ADVISORY SERV ICES/PUBLIC FINANCIAL
MANAGEMENT (PFM) INC.: Approve an agreement with Public Financial
Management (PFM) Inc., to provide govern ment financial advisory services. The
financial advisory services agreement will incorporate the Town of Palm Beach’s RFP
No. 2013-03 as a cooperative share.
S. CLASS ACTION SETTLEMENT/NWA BUEZE, ET AL. V. AT&T: Provide
authorization to participate in a class action settlement from AT&T for unauthorized
Third Party charges on our landline bills from January 1, 2005 through January 14, 2013.
11/05/2013
- 5 -
T. RATIFICATIONS TO THE PARK ING MANAGEMENT ADVISORY
BOARD: Approve and ratify the appointments of Mr. Gerald Franciosa as the regular
representative and Mr. Clifford Durden as the alternative representative on the Planning
& Zoning Board to the Parking Management Advisory Board for terms ending July 31,
2014 and July 31, 2015.
U. REQUEST FOR SUBORDINATION/3740 LANCEWOOD PLACE: Authorize
and approve a request for the City to subordinate its Neighborhood Stabilization
Program (NSP) second mortgage position to a llow Lana Ritz to modify her mortgage to
reduce her interest rate and shorten the loan term with no consolidation of debt or
cash-out for 3740 Lancewood Place .
V. RESOLUTION NO. 51-13: Approve Resolution No. 51-13 assessing costs for
abatement action required to remove nuisances on eight (8) properties throughout the
City of Delray Beach.
W. PROCLAMATIONS:
1. Delray Reads Day – November 13, 2013
2. Family Promise Week – November 10-16, 2013
X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
October 14, 2013 through November 1, 2013.
Y. AWARD OF BIDS AND CONTRACTS:
1. Contract award with Prolime Corporation (P C) in an amount not to exceed
$240,000.00 for hauling and disposal of liquid lime slurry from the Water
Treatment Plant (WTP) for Fiscal Year 2014. Funding is available from 441-
5122-536-34.90 (Water and Sewer Fund: Other Contractual Services).
2. (MOVED TO ITEM 9.D.D. ON THE REGULAR AGENDA)
3. Purchase award to The Dumont Company, Inc. at an annual estimated cost of
$42,500.00 for the purchase and delivery of Hydrofluorosilicic Acid. Funding is
available from 441-5122-536-52.21 (Water & Sewer Fund: Operating
Supplies/Chemicals).
4. Purchase award to Otto Environmental Systems, as a sole source provider, in
the amount of $60,000.00 for purchase of hot stamped garbage carts, lids and
wheels to be ordered “as needed”. Fu nding is available from 433-3711-534-
49.35 (Sanitation Fund: Other Current Charges/Cart Renewal & Replacement).
(REMOVED)
11/05/2013
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9. REGULAR AGENDA:
AA. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA): NEIGHBORHOOD PLANNER POSITION: Approve an
Interlocal Agreement with the Community Re development Agency (CRA) to fund 50%
of the cost, in an amount not to ex ceed $38,284.00 for the Neighborhood Planner
Position. The City will also pay 50% of the cost. The total salary/benefits for the
position is $76,568. (Motion to approve; Approved, 5-0)
BB. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA): IN-HOUSE PROJEC T MANAGER SERVICES POSITION:
Approve an Interlocal Agreement with th e Community Redevelopment Agency (CRA)
to fund 100% of the cost, in an amount not to exceed $91,750.00 for the In-House
Project Manager Services Position. (Motion to approve; Approved, 5-0)
CC. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA): HOUSING REHABILI TATION INSPECTOR POSITION:
Approve an Interlocal Agreement with th e Community Redevelopment Agency (CRA)
to contribute 50% of the cost, in an amou nt not to exceed $36,936.00 for the Housing
Rehabilitation Inspector Position. The City w ill also pay 50% of the cost. The total
salary/benefit costs for the position is $73,872. (Motion to approve; Approved, 5-0)
DD. Purchase award to Tanner Industries at an estimated annual cost of $59,000.00 for
Anhydrous Ammonia for the Water Treatment Plant through an active contract with
the City of Stuart. Funding is availabl e from 441-5122-536-52.21 (Water and Sewer
Fund: Operating Supplies/Chemicals). (Motion to approve; Approved, 4-1. Commissioner
Petrolia dissenting)
A. WAIVER REQUESTS/THE STRAND: Consider approval of five (5) waiver
requests to Land Development Regulati ons (LDR) Section 4.4.13(F)(4)(c)(1), “Front
Setbacks”, for building frontage setback; to Land Development Regulations (LDR)
Section 4.6.9(D)(3)(c)(1), “Point of Access to the Street Sy stem”, for minimum stacking
distance; to Land Development Regulations (LDR) Section 6.1.3(B)(1)(f), “Central
Business District”, for reduction of the si dewalk width; to Land Development
Regulations (LDR) Section 4.6.14(B)(1), “Dri veway Intersecting Street or Alley”, for
reduction of the visibility triangle; and to Land Development Regulations (LDR)
Section 4.6.18(B)(14)(iv)(2), “Roof Top Park ing”, for the minimum transparency or
glass surface area requirement on the ground floor of all non-residential buildings for
The Strand, located on the north and south sides of S.E. 1 st Street, west side of S.E. 3 rd
Avenue. (Quasi-Judicial Hearing) (Mayor Glickstein declared a conflict of interest then
passed the gavel to Vice Mayor Jacquet and left the dais. Motion to adopt the board order as
presented; Approved, 3-1. Co mmissioner Petrolia dissenting)
B. PROVIDE AUTHORIZATION/FLORID A PUBLIC UTILITIES COMPANY:
Provide authorization for the City Attorn ey to proceed with joining with other
municipalities in a lawsuit challenging the fr anchise fee payments from Florida Public
Utilities Company from 2010 through the present in light of the increased participation
fee. (Mayor Glickstein returned to the dais. Motion to deny; Approved, 5-0)
11/05/2013
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C. REVIEW AN OFFER OF SETTLEMENT IN ROBERT DeSISTO v. CITY OF
DELRAY BEACH: Consider a Review in an Offer of Settlement in the total amount
of $300,000.00 in Robert DeSisto v. City of Delray Beach. Staff recommends denial.
(Motion to deny; Approved, 5-0)
D. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) regular member to the Code Enforcement Board to serve an unexpired term ending
January 14, 2015. Based upon the rotation sy stem, the appointment will be made by
Commissioner Jacquet (Seat #2). (Commissioner Jacquet’s appointment was deferred to the
November 19, 2013 Regular Meeting; Approved, 5-0)
10. PUBLIC HEARINGS:
A. 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. (Motion to approve; Approved, 5-0)
B. ORDINANCE NO. 27-13: Consider an amendment to Chapter 30, “City
Commission”, Section 30.15, “Waivers of City Or dinances", to clarify the process for
the granting of waivers for special events and to clarify who pays for the cost of
publishing the notice of the waiver request and amending Chapter 38, “City Policies”, to
create a new Section 38.02, “Speci al Events”, in order to codify our special event policy
by reference within our Code of Ordinances. (Motion to approve; Approved, 5-0)
1. AMENDMENTS TO THE SPECIAL EVENT POLICIES AND
PROCEDURES: Approve proposed amendments to the Special Event
Policies and Procedures; contingent u pon approval of Ordinance No. 27-13 .
(Motion to approve; Approved, 5-0)
11. FIRST READINGS:
A. ORDINANCE NO. 28-13: Consider a city initiated rezoning for Pelican Pointe
Condominium to change the zoning district map from RM (Medium Density
Residential) District in part and GC (Gen eral Commercial) in part to RM (Medium
Density Residential) District for the property located east of South Federal Highway
between Tropic Isle Drive and Bosun Way. If passed, a public hearing will be held on
November 19, 2013 . (Motion to approve; Approved, 5-0)
B. ORDINANCE NO. 29-13: Consider approval to repeal Chapter 36, “Finance; City
Property Transactions”, and replacing it with a new Chapter 36, “Acquisition of Goods
and Services and Disposal of City Property”. If passed, a public hearing will be held on
November 19, 2013. (Motion to approve; Approved, 5-0)
C. ORDINANCE NO. 30-13: Consider an amendment to Chapter 99, “Noise Control”,
of the Code of Ordinances, by amending Section 99.03, “Loud and Unnecessary
Noises Prohibited”, to amend allowable times for devices and construction noise. If
passed, a public hearing will be held on November 19, 2013. (Motion to approve;
Approved, 5-0)
11/05/2013
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12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: NOVEMBER 1, 2013
***** Meeting adjourned at 8:26 p.m. *****