City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** Tuesday, February 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 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 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 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.
1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor McDuffie noted that the applicant requested Item 9.D., Franchise Agreement/Waste Management, Inc. be POSTPONED; Item 9.K., Direction of the Fire Assessment Fee, was REMOVED; Revised information is on the dais for Item 12.A., Ordinance No. 04-12; Revised information is on the dais for Item 12.D., Ordinance No. 08-12. Approved as amended, 5-0) 5. APPROVAL OF MINUTES: A. January 17, 2012 Regular Meeting (Approved, 5-0) 6. PROCLAMATIONS: A. Recognizing 2-1-1 Awareness Week February 11-17, 2012 B. Commemorating the 40 th Anniversary of Family Central, Inc. February 11, 2012 7. PRESENTATIONS: A. Presentation of Danielle Connor as the Newly Appointed Delray Beach Fire Chief B. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation C. CVS Caremark National League of Cities Prescription Discount Card Program 8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0) A. RESOLUTION NO. 07-12 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/124 NORTH SWINTON AVENUE): Approve a tax exemption request for eligible improvements to the property located at 124 North Swinton within the Old School Square Historic District; and approve Resolution No. 07-12. B. RESOLUTION NO. 06-12: ABANDONMENT OF AN ALLEY; VETERANS OF FOREIGN WARS (VFW): Approve Resolution No. 06-12 abandoning a 16 east-west alley located south of and adjacent to the former Veterans of Foreign Wars (VFW) building located at 5 S.E. 2nd Avenue. - 2 -
C. AGREEMENT EXTENSION/DR. JOHN FLETEMEYER/SEA TURTLE MONITORING SERVICES: Approve an agreement extension for three (3) years with Dr. John Fletemeyer in the amount of $38,750.00 for sea turtle monitoring services. Funding is available from 332-4164-572-34.90 (Beach Restoration Fund: Other Contractual Services). D. AMENDMENT NO. 2 TO THE INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR FUNDING OF CONSTRUCTION/PROFESSIONAL SERVICES: Approve Amendment No. 2 to the Interlocal Agreement with the Community Redevelopment Agency (CRA) for funding of construction costs and professional services for certain projects as listed on Exhibit A attached to the Agreement for FY 11/12. E. AGREEMENTS FOR ARCHITECTURAL SERVICES: Approve Agreements with Currie Sowards Aguila Architects, Walters Zackria & Associates, Inc., David Miller and Associates, Slattery & Associates and Bridges Marsh & Associates for architectural services for capital improvement projects contained in the City s Capital Improvement Program (CIP). F. FIFTH AMENDMENT TO THE DECLARATION OF RESERVED RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7TH AVENUE RELATED TO THE ATLANTIC PLAZA PROJECT: Approve the Fifth Amendment to the Declaration of Reserved Rights and Agreement not to Encumber N.E. 7th Avenue regarding the abandonment and relocation of N.E. 7th Avenue between N.E. 1st Street and East Atlantic Avenue, to extend the time frame to obtain site plan certification by 180 days. G. FIRST AMENDMENT TO EXCHANGE AGREEMENT/DEPOT INDUSTRIAL CENTER, LLC.: Approve the First Amendment to the Agreement to Exchange Real Property between the City and Depot Industrial Center, LLC. to extend the closing date to on or before February 29, 2012. H. HOLD HARMLESS AGREEMENT WITH DELRAY BEACH PROFESSIONAL FIREFIGHTERS & PARAMEDICS BENEVOLENT ASSOCIATION: Approve a Hold Harmless Agreement with Delray Beach Professional Firefighters & Paramedics Benevolent Association to store a 1929 Ford Model A at Fire Station 4. I. FY 2012 PROPOSED PERFORMANCE MEASURES/GOLF COURSES AND TENNIS FACILITIES: Approve proposed performance measures for FY 2012 for the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities. J. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/OLD SCHOOL SQUARE, INC./CITY OF DELRAY BEACH: Approve an Interlocal Agreement between Palm Beach County, Old School Square Inc. and the City of Delray Beach in the amount of $100,000.00 for funding to purchase and install a replacement sound system for the Old School Square Pavilion. - 3 -
K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 17, 2012 through February 3, 2012. L. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Florida Bullet in the amount of $65,635.65 to purchase ammunition for training, on-duty-use and the S.W.A.T. team. Funding is available from 001-2111-521-52.20 (General Fund: Operating Supplies/General Operational Supplies) and 001-2115-521-52.19 (General Fund: Operating Supplies/SWAT Expenditures). 9. REGULAR AGENDA: A. WAIVER REQUEST/ABBEY DELRAY SOUTH: Consider a waiver request to Land Development Regulations (LDR) Section 4.6.9(D)(3)(c)(2), Stacking Distance, to allow a reduction from 100 to 80 for the stacking distance requirement for the guardhouse at the main entrance to Abbey Delray South, located at 1717 Homewood Boulevard. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) B. CONDITIONAL USE REQUEST/SWINTON SOCIAL: Consider a conditional use request to permit outdoor dining to operate at night at Swinton Social located at 27-43 South Swinton Avenue, as required for properties located within the Old School Square Historic Arts District. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) C. REQUEST FOR IN-LIEU PARKING SPACES/GROVE RESTAURANT: Consider a request from Grove Restaurant for the purchase of three (3) in-lieu parking spaces in the amount of $23,400.00 located at 187 N.E. 2nd Avenue. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) D. FRANCHISE AGREEMENT/WASTE MANAGEMENT, INC.: Consider a proposed extension of the Franchise Agreement as requested by Waste Management, Inc. (POSTPONED) E. CONTRACT CLOSEOUT (C.O. NO. 3/FINAL)/MURRAY LOGAN CONSTRUCTION, INC.: Consider approval of a Contract Closeout (Change Order No. 3/Final) in the amount of a $15,229.90 decrease and final payment in the amount of $71,535.10 to Murray Logan Construction, Inc. for completion of the Mangrove Park Boat Ramp Reconstruction Project. Funding is available 334-4174-572-63.90 (General Construction Fund/Improvements Other/Other Improvements). (Motion to approve; Approved, 5-0) - 4 -
F. CHANGE ORDER NO. 2 (C.O. NO. 2)/INTERCOUNTY ENGINEERING, INC.: Consider approval of Change Order No. 2 to Intercounty Engineering, Inc. for a contract time extension of fourteen (14) days and approval for $10,400.00 to be paid out of the Contract's Utility Allowance for additional scope, for removal of 1,300 additional linear feet of 2" water main for the Osceola Park Water Main Phase 2 Project #2010-082. (Motion to approve; Approved, 5-0) G. BID AWARD/ ACCURATE EVENT GROUP: Consider approval of a bid award to Accurate Event Group in an amount not to exceed $34,102.07 for private security services from February 24, 2012 through March 5, 2012 for the Champions/World Tour Tennis Tournament and authorize staff to negotiate a lower price. Funding is available from 001-4210-575-55.40 (General Fund: Recreational Supplies/Tennis Tournament). (Motion to approve; Approved, 5-0) H. SPECIAL EVENT REQUEST/ASIAN TRADE, FOOD FAIR AND CULTURAL SHOW: Consider approval of a special event request to allow the 19th Annual Asian Trade, Food Fair and Cultural Show sponsored by the Bangladesh Association of Florida, to be held on March 24-25, 2012 from 12:00 p.m. until 10:00 p.m. on the grounds of Old School Square and in the Old School Square Park; to grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use of a portion of N.E. 1st Avenue, to authorize staff support for traffic control and security, site cleanup and trash removal, EMS assistance, standard event signage and assistance with banner hanging; use of the Old School Square Garage, City generator, four light towers, and trash boxes; and to waive the Event Policies and Procedures to allow more than two (2) major events in March; contingent upon meeting the conditions listed in the staff report. (Motion to approve with conditions listed in staff report; Approved, 5-0. The consensus of the Commission was to bring special events policy back with all events paying 100% of costs.) I. OFFER OF SETTLEMENT IN SONDRA COMISAR v. CITY OF DELRAY BEACH: Consider an Offer of Settlement in the total amount of $27,500.00 in Sondra Comisar v. City of Delray Beach. Staff recommends approval. (Motion to approve; Approved, 5-0) J. OFFER OF SETTLEMENT IN RICHARD WEINSTEIN, PERSONAL REPRESENTATIVE OF THE ESTATE OF JASON WEINSTEIN, DECEASED v. CITY OF DELRAY BEACH: Consider an Offer of Settlement in the total amount of $25,000.00 in Richard Weinstein, as Personal Representative of the Estate of Jason Weinstein, Deceased v. City of Delray Beach. (Motion to approve; Approved, 5-0) K. DIRECTION ON FIRE ASSESSMENT FEE: Consider providing direction to staff on the type of fire assessment fee, if any, to include in a new notice of public hearing to property owners. (REMOVED) - 5 -
L. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to the Code Enforcement Board to serve an unexpired term ending January 14, 2013. Based upon the rotation system, the appointment will be made by Commissioner Carney (Seat #1). (Appointed Jason Whiteman and approved, 5-0) M. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one (1) regular member to the Public Art Advisory Board to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5). (Mayor McDuffie s appointment was DEFERRED to the February 21, 2012 Regular Meeting) 10. PUBLIC HEARINGS: A. ORDINANCE NO. 03-12 (FIRST READING/FIRST PUBLIC HEARING): Consider a city-initiated amendment to the Land Development Regulations (LDR), amending Section 4.3.3, Specific Requirements for Specific Uses, by amending Subsection 4.3.3(ZZZ), Transient Residential Use, in order to clarify prohibitions, exemptions/exceptions, waivers, and penalties for same; amending Appendix A, Definitions, in order to amend the definition of Transient Residential Use. If passed, a second public hearing will be held on February 21, 2012. (Motion to approve; Approved, 5-0) B. RESOLUTION NO. 08-12/CONTRACT FOR SALE AND PURCHASE/210 N.E. 5 TH COURT: Consider approval of Resolution No. 08-12, a contract for sale and purchase, authorizing the City to sell the Neighborhood Stabilization Program property located at 210 N.E. 5th Court to Paul Milne and Jennifer Hong Dubowy in the amount of the lesser of $208,000.00 or the bank appraised value. (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. 04-12: Consider a city-initiated amendment to the Land Development Regulations (LDR), by amending Section 2.4.7(G), Requests for Accommodation ; Subsections (1), Purpose, and (8), Request Form for Reasonable Accommodation, in order to remove obsolete references, in order to update same; enacting a new Subsection 2.4.7(G)(9), Expiration of Approvals to provide an expiration date for untimely implementation of approvals. If passed, a public hearing will be held on February 21, 2012. (Motion to approve; Approved, 5-0) - 6 -
B. ORDINANCE NO. 06-12: Consider a city-initiated amendment to the Land Development Regulations (LDR) Section 4.6.16, Landscape Regulations, to provide an updated landscape code. If passed, a public hearing will be held on February 21, 2012. (Motion to approve; Approved, 5-0) C. ORDINANCE NO. 07-12: Consider a city-initiated amendment to the Land Development Regulations (LDR) Section 4.6.9, Off-Street Parking Regulations, Subsection 4.6.9(C), Number of Parking Spaces Required, Sub-subsection 4.6.9(C)(1)(c), Bicycle Parking, to establish new regulations for bicycle parking and amending Appendix A, Definitions, to provide definitions for short term, medium term and long term parking facilities. If passed, a public hearing will be held on February 21, 2012. (Motion to approve; Denied, 5-0) D. ORDINANCE NO. 08-12: Consider a city-initiated amendment to Chapter 117, Landlord Permits, of the Code of Ordinances, by amending Section 117.01, Permit Required, to clarify when a permit is required; amending Section 117.03, Approval of Application, to provide additional requirements; amending Section 117.04, Denial or Revocation of Permit Application; Appeals, to clarify grounds for revocation; and amending Section 117.06, Tenant/Occupant Eviction, to ensure notice and due process rights are followed or alternate housing is provided. If passed, a public hearing will be held on February 21, 2012. (Motion to approve; Approved, 5-0) 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: February 3, 2012 ****** Meeting adjourned at 8:59 p.m. ***** - 7 -