City of Delray Beach. Regular Commission Meeting ***AGENDA RESULTS*** Tuesday, August 7, 2012

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1 City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** Tuesday, August 7, 2012 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall City Commission RULES FOR PUBLIC PARTICIPATION Meeting 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. 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 or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda 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. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items 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 on an appropriate item. 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 100 NW 1st Avenue Delray Beach, Florida Phone: (561) Fax: (561) 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 Doug Smith at , 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.

2 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor McDuffie noted Item 8.B., Sixth Amendment to the Declaration of Reserved Rights and Agreement Not to Encumber N.E. 7 th Avenue Related to the Atlantic Plaza Project was moved to the Regular Agenda as Item 9.B.1. Approved as amended, 5-0) 5. APPROVAL OF MINUTES: A. June 28, 2012 Workshop Meeting (Approved, 5-0) B. July 10, 2012 Workshop Meeting (Approved, 5-0) C. July 17, 2012 Regular Meeting (Approved, 5-0) D. July 20, 2012 Special Meeting (Approved, 5-0) E. July 31, 2012 Workshop Meeting (Approved, 5-0) 6. PROCLAMATIONS: A. Recognizing and commending Sergeant John Evans B. Recognizing and commending Tavarius TJ Jackson C. Florida Water Professionals Week August 13-17, PRESENTATIONS: A. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation) B. Recognizing and commending Delray Beach Marketing Cooperative for their excellent work and contributions on the Most Fun Small Town in America Award 8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0) A. FINAL SUBDIVISION PLAT APPROVAL/VILLA SOBRE DEL MAR PLAT: Approve a proposed residential development containing five (5) townhouse lots and two (2) single-family lots being platted as Villas Sobre Del Mar located on the south side of S.E. 5th Street at its intersection with S.E. 7th Avenue lying west of the Intracoastal Waterway

3 B. (MOVED TO ITEM 9.B.1. ON THE REGULAR AGENDA) C. RIGHT OF WAY DEED ACCEPTANCE /231 S.E. 3 RD AVENUE: Accept a right-of-way deed for the dedication of 2 feet of alley right-of-way associated with improvements to the property located at 231 S.E. 3rd Avenue. D. APPROVE AN EASEMENT AGREEMENT WITH FLORIDA POWER & LIGHT (FPL) FOR LIFT STATION 100A: Approve an easement agreement between the City and Florida Power & Light (FPL) required for the placement of a new switchgear cabinet and transformer to serve the Lift Station 100A Upgrade Project at Veterans Park. E. ACCEPTANCE OF A DRAINAGE EASEMENT DEED/SW DELRAY ONE, LLC/SAXENA WHITE LAW OFFICE: Approve and accept a 100 square foot Drainage Easement Deed from SW Delray One, LLC., for Saxena White Law Office located at 111 S.E. 1st Avenue. F. ACCEPTANCE OF A SANITARY SEWER EASEMENT DEED/HARBOURS EDGE: Accept a sanitary sewer easement deed with Lifespace Communities Inc. for installation of a sewer main at Harbours Edge, located at 401 East Linton Boulevard. G. HOLD HARMLESS AGREEMENT/290 EAST ATLANTIC, LLC.: Approve a Hold Harmless Agreement with 290 East Atlantic, LLC. for installation of a dumpster and enclosure in a public utility easement for Rack s Restaurant located at 5 S.E. 2nd Avenue. H. LANDSCAPE MAINTENANCE AND HOLD HARMLESS AGREEMENT: HARBOR PLAZA: Approve a landscape maintenance and hold harmless agreement associated with the Harbor Plaza project located at 1725 South Federal Highway. I. GRANT APPLICATION/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): WATER SAVINGS INCENTIVE PROGRAM (WSIP): Provide authorization for submission of a grant application for a Water Savings Incentive Program (WSIP) grant from the South Florida Water Management District (SFWMD) in the amount of $50, for purchase and installation of automatic flushing devices. J. GRANT APPLICATION/ALTERNATIVE WATER SUPPLY GRANT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Provide authorization for submission of a grant application for a SFWMD Alternative Water Supply grant to provide supplemental funding for construction of Phase 1 of the Area 12A reclaimed water expansion project on the barrier island south of Atlantic Avenue

4 K. INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM BEACH COUNTY: Approve an Interlocal Agreement with the School Board of Palm Beach County to share student information to further the goal to increase 3rd grade reading proficiency by 50% for low-income students attending schools located within the City s geographic boundaries. L. MEMORANDUM OF AGREEMENT/CHILDREN S SERVICES COUNCIL OF PALM BEACH COUNTY: Approve a Memorandum of Agreement with Children's Services Council of Palm Beach County to share student information to further the goal to increase 3rd grade reading proficiency by 50% for low-income students attending schools located within the City s geographic boundaries. M. HOUSING REHABILITATION GRANT /CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Neighborhood Stabilization Program (NSP) to the lowest responsive bidder, All Phase Roofing & Construction, for 135 S.W. 6th Avenue in the amount of $17, Funding is available from (Neighborhood Services: Capital Outlay/Acquisition Rehabilitation). N. 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 102 S.W. 8th Street in the amount of $30, Funding is available from (Neighborhood Services: Other Current Charges/Housing Rehabilitation). O. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Community Development Block Grant (CDBG) to the lowest responsive bidder, South Florida Construction Services, Inc., for 238 N.W. 14th Avenue in the amount of $35, Funding is available from (Neighborhood Services: Other Current Charges/Housing Rehabilitation). P. COMMUNITY DEVELOPMENT BLOCK GRANT/ AMENDMENT TO FY CONSOLIDATED ANNUAL ACTION PLAN: Approve an amendment to the FY Annual Action Plan to reallocate $307, in funding to Demolition, Economic Development and Housing Rehabilitation activities within the Community Development Block Grant (CDBG) target area. Q. STATE HOMELAND SECURITY GRANT AGREEMENT: Approve an Agreement with the Florida Department of Financial Services in the amount $24, to accept the 2011 Domestic Preparedness Grant from the State Homeland Security Grant Program to sustain equipment and training for hazardous materials incidents and incidents involving weapons of mass destruction. R. RESCIND AGREEMENT PIGGYBACKED ON OAKLAND PARK WITH O BRIEN RESPONSE MANAGEMENT, INC.: Approval to rescind an agreement with O Brien s Response Management piggybacked on an Oakland Park agreement for debris monitoring services

5 S. AGREEMENT/O BRIEN RESPONSE MANAGEMENT, INC.: Approval of an agreement with O Brien s Response Management for debris monitoring services, piggy backing the City of Plantation's agreement. T. RESCIND THE REQUEST FOR PROPOSAL (RFP) AND REISSUE: ON- SITE HEALTH AND WELLNESS CENTER: Rescind the original Request for Proposal (RFP) and authorize staff to issue a revised RFP for services related to the On- Site Health and Wellness Center. U. RESOLUTION NO /GREEN IMPLEMENTATION ADVANCEMENT BOARD: Approve Resolution No to amend Resolution No and Resolution No to reduce the number of board members on the Green Implementation Advancement Board. V. RESOLUTION NO : Approve Resolution No supporting Palm Beach County's continued allocation of $12.50 funds from traffic violations to municipalities to cover municipal radio system expenses. W. CONSENT TO ASSIGNMENT: OLD SCHOOL SQUARE, INC./DELRAY BEACH CENTER FOR THE ARTS, INC.: Approve consents to assignment for the lease and management agreements between the City and Old School Square, Inc. to reflect the name change to Delray Beach Center for the Arts, Inc. X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 17, 2012 through August 3, Y. AWARD OF BIDS AND CONTRACTS: 1. Bid award to DAC Air Conditioning Corporation in the amount of $233, for the Police Department Shooting Range Ventilation Improvements. Funding is available from (General Construction Fund: Machinery & Equipment; Other Machinery & Equipment). 2. Purchase award from the Florida Sheriff's Association contract to Alan Jay Ford in the amount of $136, for one (1) replacement Water/Sewer Network Truck with TV Location equipment. Funding is available (Garage Fund: Machinery/Equipment/Heavy Equipment). 3. Purchase award to Ag-Tronix in the amount of $49, for twelve (12) Irrinet M Station Computerized Irrigation Systems and two (2) ICC Computer System Laptops for Parks & Recreation. Funding is available from (Beautification Trust Fund: Machinery/Equipment/Other Machinery/Equipment). 4. Purchase award to Municipal Equipment Company, LLC in the amount of $33, for fifteen (15) sets of replacement Firefighter Personnel Protective Equipment (Bunker Gear). Funding is available from and (General Fund: Operating Supplies/Bunker Gear)

6 9. REGULAR AGENDA: A. WAIVER REQUESTS/ 21 DROPS OFFICE BUILDING: Consider approval of requests for waivers to Land Development Regulations (LDR) Section 4.6.9(D)(4)(d), Standard Isle Width, which requires a standard aisle width of 24 feet for normal traffic flow with perpendicular parking, and Land Development Regulations (LDR) Section 6.1.3(B)(1)(f), Sidewalks, which requires an 8-foot sidewalk along S.E. 3 rd Street for 21 Drops Office Building located at 290 S.E. 6 th Avenue. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) B. WAIVER REQUEST/ATLANTIC PLAZA II PLAT: Consider approval of a request for a waiver to Land Development Regulations (LDR) Section 2.4.4(E)(5)(a), Abandonments, Final Plats, Variance, to extend the time frame for recording the Atlantic Plaza II Plat by an additional nine (9) months. (Quasi-Judicial Hearing) (Motion to approve waiver; Approved, 5-0) 1. SIXTH AMENDMENT TO THE DECLARATION OF RESERVED RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7 TH AVENUE RELATED TO THE ATLANTIC PLAZA PROJECT: Approve the Sixth Amendment to the Declaration of Reserved Rights and Agreement not to Encumber N.E. 7th Avenue pertaining to the site plan certification timeframes for Atlantic Plaza II. (Motion to approve; Approved, 5-0) C. WAIVER REQUESTS/CHASE BANK: Consider a request for waivers to Land Development Regulations (LDR) Section (E)(7), Design Standards Matrix, to allow three (3) flat wall signs to be placed on elevations that are not facing a dedicated street frontage and Land Development Regulations (LDR) Section 4.6.7(H)(6), Nameplates, to allow more than one nameplate on the building for Chase Bank located 5070 West Atlantic Avenue. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) D. CONTRACT CLOSEOUT/SPEARHEAD DEVELOPMENT GROUP, INC.: Consider approval of a contract closeout with Spearhead Development Group, Inc. due to failure to fulfill contractual obligations, failure to complete work and liquidated damages regarding the Community Improvement S.W. Area Sidewalk Phase II Project. (Motion to approve; Approved, 5-0) E. RECONSIDERATION FOR A VOTE ON ORDINANCE NO : Consider a request for reconsideration of Ordinance No (Motion to reconsider Ordinance No ; Approved, 5-0) F BEACH RENOURISHMENT FILL EVENT PROJECT: Provide direction on the upcoming Beach Renourishment Fill Event Project. (Consensus of the Commission to not pursue this at this time with staff to bring back information for September 4, 2012 Regular Meeting) - 6 -

7 G. PROPOSED FY 2013 BUDGET REVIEW SCHEDULE: Consider a proposed schedule for the Commission review of the FY 2013 Budget. (Consensus of the Commission to meet August 17, 2012 at 9:00 a.m. in the First Floor Conference Room) H. OFFER OF SETTLEMENT IN PATRICIA MILEY V. CITY OF DELRAY BEACH: Consider an Offer of Settlement in the total amount of $762, in Patricia Miley v. City of Delray Beach. Staff recommends denial. (Motion to deny settlement offer; Approved, 5-0) I. APPOINTMENT TO WORKFORCE ALLIANCE, INC. BOARD OF DIRECTORS: Appoint an individual to serve as representation from the Delray Beach private sector to the Workforce Alliance Inc. Board of Directors. (Applicant withdrew name, no action taken. Moved to the August 21, 2012 Regular Meeting) J. APPOINTMENTS TO THE PLANNING & ZONING BOARD: Appoint four (4) regular members to serve two (2) year terms ending August 31, 2014 to the Planning & Zoning Board. Based upon the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5). (Appointed Clifford Durden and approved 5-0; Appointed Derline Pierre-Louis and approved 5-0; Appointed Thuy Shutt and approved 5-0; appointed Craig Spodak and approved, 5-0) K. APPOINTMENTS TO THE SITE PLAN REVIEW & APPEARANCE BOARD: Appoint three (3) regular members to serve two (2) year terms ending August 31, 2014 to the Site Plan Review & Appearance Board. Based upon the rotation system, the appointments will be made by Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1) and Commissioner Jacquet (Seat #2). (Appointed Jose Aguila and approved 5-0; Appointed Jason Bregman and approved 5-0; Appointed Rustem Kupi and approved 5-0) L. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to serve a two (2) year term ending July 31, 2014 to the Police Advisory Board. Based on the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). (Appointed Samuel Menard and approved 5-0) M. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one (1) regular member to a serve two (2) year term ending July 31, 2014 to the Public Art Advisory Board. Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4). (Appointed Carolyn Pendelton-Parker and approved 5-0) N. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to serve a two (2) year term ending July 31, 2014 to the Education Board. Based upon the rotation system, the appointment will be made by Commissioner Carney (Seat #1). (Appointed Kevin Warner and approved 5-0) - 7 -

8 O. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) alternate member to an unexpired term ending July 31, 2013 to the Financial Review Board. Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4). (Appointed Selma Snow and approved 5-0) P. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE: Appoint six (6) regular members to serve two (2) year terms ending July 31, 2014 to the Affordable Housing Advisory Committee. Based upon the rotation system, the appointments will be made by Commissioner Carney (Seat #1), Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Carney (Seat #1). (Appointed Evelyn Dobson and approved 5-0; Appointed Alberta McCarthy and approved 5-0; Appointed Clifford Durden and approved 5-0; Appointed Colson Zulmar and approved, 5-0; Appointed Dorothy Ellington and approved, 5-0; Appointed Sara Sims and approved 5-0) Q. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint three (3) regular members to serve two (2) year terms ending July 31, 2014 and two (2) alternate members to serve unexpired terms ending July 31, 2013 to the Nuisance Abatement Board. Based upon the rotation system, the appointments will be made by Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). (Appointed Linda Leib and approved 5-0; Appointed Adam Reback and approved 5-0; Appointed Wendy Smith and approved 5-0; Appointed Arline Sherman and approved, 5-0. Commissioner Carney s appointment was deferred to August 21, 2012 Regular Meeting) R. CITY ATTORNEY EVALUATION 10. PUBLIC HEARINGS: A. PUBLIC COMMENTS/FY 2013 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2013 Proposed Budget at this time. B. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED ANNUAL ACTION PLAN FY : Consider approval of the CDBG Consolidated Annual Action Plan FY 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. ORDINANCE NO : Consider a privately-initiated amendment to the Land Development Regulations (LDR) to create Section , Linton Development Overlay District, and amend Section 4.4.9, General Commercial (GC) District, Subsection (G), Supplemental District Regulations, to limit the Floor Area Ratio (FAR) to 0.36 for non-residential uses within the Lintco Development Overlay District, located at the northwest corner of Linton Boulevard and S.W. 4th Avenue. (Motion to approve; Approved, 5-0) - 8 -

9 D. ORDINANCE NO : Consider a privately-initiated amendment to the Land Development Regulations (LDR) to create Section , Waterford Overlay District, and amend Section , Special Activities District (SAD), Subsection (E), Supplemental District Regulations, to limit the non-residential Floor Area Ratio (FAR) to 1.32 and residential density to 12 units per acre within the Waterford Overlay District, located south of Linton Boulevard, east of I-95. (Motion to approve; Approved, 5-0) E. ORDINANCE NO : Consider a city-initiated amendment to Land Development Regulations (LDR) Section 2.4.3(K)(1), Development Applications, Section 2.4.3(K)(3), Permit Fees, and Section 6.3.3, Sidewalk Café, Subsection (A), Permit and Fees, to provide for an increase in certain development application and permit fees and increasing the permit fee assessed per square foot of approved sidewalk café space. (Motion to approve; Approved, 5-0) 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO : Consider city-initiated amendments to the Land Development Regulations (LDR) regarding the duties, powers, and responsibilities of the Historic Preservation Board (HPB); procedures for obtaining a variance from the HPB; provision of required HPB review for properties listed on the Local Register of Historic Places within applicable zoning districts; clarification of procedures for historic designation; clarification of development standards for properties listed on the Local Register of Historic Places; creation of the Local Register of Historic Places ; clarification of procedures for tax exemptions for historic properties; clarification of criteria for changes of historic designation and/or classification. If passed, a public hearing will be held on August 21, (Motion to approve; Approved, 5-0) B. ORDINANCE NO : Consider approval of a historic designation and individual listing on the Local Register of Historic Places for property located at 290 S.E. 6th Avenue. If passed, a public hearing will be scheduled on August 21, (Motion to approve; Approved, 5-0) C. ORDINANCE NO : Consider an amendment to Chapter 53, Sanitary Sewers, and the City s Enforcement Response Plan, to comply with the Florida Administrative Code. If passed, a public hearing will be held on August 21, (Motion to approve; Approved, 5-0) - 9 -

10 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: AUGUST 3, 2012 ****** Meeting adjourned at 10:27 p.m. ******