02-19-13 Agenda Results Regular MeetingMicrosoft Word - 02-19-13 Agenda Results Regular Meeting.doc
City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** City Commission Meeting Tuesday, February 19, 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: 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 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
02/19/2013 -2 -1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor Carney noted the applicant requested Item 8.C., Right of Way Deed Acceptance/36
S.E. 1st Avenue, be removed from the Consent Agenda; Item 8.J., Renewal of the Insurance Agent/Broker Service Agreement/The Plastridge Agency, Inc., was moved to the Regular Agenda as
Item 10.A.A. Approved as amended, 5-0) 5. APPROVAL OF MINUTES: A. December 11, 2012 – Workshop Meeting (Approved, 5-0) B. January 15, 2013 – Regular Meeting (Approved, 5-0) 6. PROCLAMATIONS:
A. Eating Disorders Awareness Week – February 24, 2013 -March 2, 2013 B. All People’s Day ® – March 22, 2013 7. PRESENTATIONS: A. RESOLUTION NO. 13-13: Approve Resolution No. 13-13 recognizing
and commending Richard Hasko for 21 years of dedicated service to the City of Delray Beach. (Approved, 5-0) 8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0) A. FINAL
SUBDIVISION PLAT APPROVAL/EAST INDIES: Approve a proposed 4-unit townhouse subdivision located on the west side of Venetian Drive, 72 feet south of Ingraham Avenue located at 208 and
212 Venetian Drive. B. FINAL SUBDIVISION PLAT APPROVAL/MAISON DELRAY: Approve a final plat for a four-lot single-family subdivision being platted as Maison Delray for the property located
at the intersection of Grove Way, N.W. 3rdAvenue and N.W. 12th Avenue. C. RIGHT OF WAY DEED ACCEPTANCE/36 S.E. 1ST AVENUE: Approve acceptance of a right-of-way deed associated with the
approved office development at 36 S.E. 1st Avenue within the Old School Square Historic District. D. RIGHT-OF-WAY DEED ACCEPTANCE/307 S.E. 4TH AVENUE: Approve acceptance of a right-of-way
deed for two feet (2’) of alley right-of-way dedication for the property located at 307 S.E. 4th Avenue.
02/19/2013 -3 -E. AMENDMENT NO. 1 TO THE AGREEMENT FOR SERVICES AT A WORKSITE MEDICAL FACILITY/CONCENTRA HEALTH SERVICES, INC.: Approve Amendment No. 1 to the Agreement for Services
at a Worksite Medical Facility with Concentra Health Services, Inc. to provide certain healthcare services at the Employee Health and Wellness Center for the Town of Highland Beach’s
full-time Police Officers. F. TRIPARTITE AND INTERLOCAL AGREEMENT: SCHOOL BOARD OF PALM BEACH COUNTY/ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES (ACCF)/CITY OF DELRAY BEACH: Approve
a Tripartite and Interlocal Agreement with the School Board of Palm Beach County, Achievement Centers for Children and Families (ACCF) and the City of Delray Beach for the funding and
operation of a pilot summer camp program with reading enhancements to help further third grade reading proficiency through the campaign for grade level reading. 1. AMENDMENT NO. 1 TO
THE INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM BEACH COUNTY: SHARING STUDENT DATA: Approve Amendment No. 1 to the 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 lowincome students attending schools located within the City’s geographic boundaries. G.
APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN ELECTION: Approve the poll workers for the First Nonpartisan and Special Elections to be held on March 12, 2013. H. LANDSCAPE MAINTENANCE
AGREEMENT/1127 VISTA DEL MAR DRIVE: Approve a Landscape Maintenance Agreement with Point of Delray, LLC for the installation of landscaping within the right-of-way at 1127 Vista Del
Mar Drive. I. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Community Development Block Grant (CDBG) to the lowest responsive
bidder, Citywide Construction Services, Inc. for 218 S.E. 4th Avenue in the amount of $32,241.05. Funding is available from 118-1963-554-49.19 (Neighborhood Services: Other Current Charges/Housing
Rehabilitation). J. (MOVED TO ITEM 10.A.A. ON THE REGULAR AGENDA) K. SPECIAL EVENT REQUEST/15TH ANNUAL CINCO DE MAYO FIESTA: Approve a special event request to allow the 15th Annual
Cinco De Mayo Fiesta to be held Saturday, May 4, 2013, from 11:00 a.m. – 12:00 a.m., on the grounds of Delray Beach Center for the Arts; to authorize staff support for traffic control
and security, trash removal, EMS assistance, fire inspection, signage preparation and installation, use of the small stage and use of a City generator; contingent on the receipt of a
Certification of Liability Insurance and Alcohol Liability Insurance fourteen (14) days prior to the event and ending the event at 11:00 p.m. versus midnight. The estimated cost of the
event, which the sponsor is responsible for, is $6,495.00.
02/19/2013 -4 -L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 4, 2013 through February
15, 2013. M. AWARD OF BIDS AND CONTRACTS: 1. None 9. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOLLOWING CONSENT AGENDA. A. City Manager's response to prior
public comments and inquiries. B. From the Public 10. REGULAR AGENDA: A.A. RENEWAL OF THE INSURANCE AGENT/BROKER SERVICE AGREEMENT/THE PLASTRIDGE AGENCY, INC.: Approve renewal of the
Insurance Agent/Broker Service Agreement for property and casualty insurance with The Plastridge Agency, Inc. for an additional one year period beginning October 1, 2013. (Motion to
approve renewal; Denied, 5-0) A. RECONSIDERATION OF A WAIVER REQUEST FOR LINTCO DEVELOPMENT: Reconsider a waiver request to Land Development Regulations (LDR) Section 4.6.9(D)(3)(c)(1),
“Stacking Distance”, to reduce the stacking distance from the required fifty feet (50’) for parking lots with fifty-one (51) or more spaces to twenty-eight feet nine inches (28’9”) at
the northern entrance on S.W. 4th Avenue for Lintco Development. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 3-2. Mayor Carney and Commissioner Frankel
dissenting) B. CONDITIONAL USE REQUEST/BEACHWAY MOTEL: Consider a conditional use request associated with partial demolition and expansion of the existing 1,960 sq. ft. seven (7) room
motel including removal of three (3) existing rooms totaling 840 sq. ft. and construction of a 2,930 sq. ft. building addition to accommodate an additional nine (9) rooms for a total
of 13 rooms, a new 138 sq. ft. manager’s office, ten (10) new on-site parking spaces and associated landscaping and alleyway improvements for Beachway Motel located at 655 George Bush
Boulevard. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) C. CONDITIONAL USE REQUEST/TIM FINNEGAN’S IRISH PUB: Consider a conditional use request
to allow Tim Finnegan’s Irish Pub and Restaurant to extend its operating hours from 12:00 a.m. to 2:00 a.m. seven days per week, the business occupies an existing tenant bay within the
Dumar Plaza, located at 2885 South Federal Highway. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0)
02/19/2013 -5 -D. WAIVER REQUESTS/SOUTH OF ATLANTIC (SOFA) BUILDING #1: Consider approval of six (6) waiver requests associated with the Class V Site Plan approval pertaining to setbacks,
stacking distance, sidewalk requirements, minimum transparency or glass surface area, landscaping and the percentage of commercial window display on the ground floor for SOFA Building
#1, located on the east side of S.E. 3rd Avenue, between S.E. 1st Street and S.E. 2nd Street. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) E. WAIVER
REQUESTS/SOUTH OF ATLANTIC (SOFA) BUILDING #2: Consider approval of four (4) waiver requests to the Land Development Regulations (LDR) pertaining to setbacks, stacking distance, minimum
transparency or glass surface area and the percentage of commercial window display on the ground floor for SOFA Building #2, located on the west side of S.E. 2nd Avenue, 80 feet south
of S.E. 1st Street. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) F. JOB CREATION INCENTIVE APPLICATION: Provide authorization for staff to prepare
an economic development incentive package for Aldridge Connors LLP, pursuant to the established Job Creation Incentive program as established by the Delray Beach City Commission. (Motion
to approve; Approved, 5-0) G. PROVIDE DIRECTION REGARDING PALM BEACH COUNTY SPORTS COMMISSION PROPOSAL: Provide direction regarding the Palm Beach County Sports Commission proposal to
utilize the services of Florida Sports Foundation, a division of Enterprise Florida, Inc., to facilitate a workshop to explore enhancing the City of Delray Beach as a sports destination.
(It was the consensus of the Commission to pay hotel stay and meals for one (1) member of staff to attend the workshop on April 12, 2013) H. REVISED AGREEMENT/CHRIS EVERT CHARITIES,
INC.: Consider approval of a revised Agreement with Chris Evert Charities, Inc. for the Annual Chris Evert Pro-Celebrity Tennis Classic. (Motion to approve and include language as stated
by Assistant City Manager, Robert Barcinski; Approved, 5-0) I. HOST AGREEMENT: USTA/FED CUP TIE MATCHES: Consider approval of the Host Agreement with the USTA to be a host site if offered
for the FED CUP Tie Matches to be held on April 20 -21, 2013. (Motion to approve subject to City Attorney approval; Approved, 5-0) J. PROPOSED CHANGES TO THE COMMISSION RULES OF PROCEDURES:
Consider approval of proposed changes regarding the Commission Rules of Procedures to provide that the public may comment on any item, agendaed or non-agendaed, and such comment shall
begin after the “Proclamation and Presentation” portion of the agenda. (It was the consensus of the Commission that the City Attorney will make changes as suggested by Commission and
bring back to City Commission at meeting)
02/19/2013 -6 -K. PROVIDE DIRECTION REGARDING LIVE & LEARN DELRAY COMMUNITY ENGAGEMENT PROGRAM: Provide direction regarding the newly proposed Live & Learn Delray community engagement
program. (It was the consensus of the Commission to support the program as long as it was flexible and Commission attendance was not required) L. 2013 MUNICIPAL ELECTIONS -EDUCATIONAL
COMMUNICATION SERVICES: Consider proposals to provide educational communication services related to various proposed Charter Amendments as well as the proposed Economic Development Property
Tax Exemption. (Motion to use Connection Strategies at a cost not to exceed $10,000.00 for supplemental materials needed for the election, which will include one (1) mailer to all absentee
and residential voters in the last two (2) elections; Approved, 4-1. Commissioner Frankel dissenting) M. JOINT MEETING WITH THE COMMUNITY REDEVELOPMENT AGENCY (CRA) BOARD: Discussion
regarding a possible joint meeting with the Community Redevelopment Agency (CRA) Board. (Motion to continue meeting past 11:00 p.m.; Approved, 5-0. Motion to have joint meeting with
the Community Redevelopment Agency (CRA) within two (2) weeks; Approved, 5-0). At this point, Commissioner Frankel left at 11:09 p.m. N. APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT
BOARD: Appoint one (1) regular member to serve an unexpired term plus a two (2) year term ending July 31, 2015 to the Green Implementation Advancement Board. Based upon the rotation
system, the appointment will be made by Mayor Carney (Seat #5). (Appointed Giulia Pace and approved 4-0) O. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL BOARD: Appoint appointment
of two (2) regular members to serve unexpired terms ending July 31, 2014, one (1) regular member to serve an unexpired term ending July 31, 2015, and one (1) At-Large Representative
to serve an unexpired term ending July 31, 2014. 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 Carney (Seat #5) (Appointed Stephen Lampel and approved 4-0; Appointed Bonnie Altenhein and approved 4-0; Appointed Nancy Richards and approved 4-0. Commissioner
Frankel’s appointment was deferred to the March 5, 2013 Regular Meeting) P. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) regular member to serve an unexpired term plus
a two (2) year term ending July 31, 2015. Based upon the rotation system, the appointment will be made by Mayor Carney (Seat #5). (Mayor Carney’s appointment was deferred to the March
5, 2013 Regular Meeting)
02/19/2013 -7 -11. PUBLIC HEARINGS: A. ORDINANCE NO. 05-13 (FIRST READING/FIRST PUBLIC HEARING): Consider approval of a privately initiated amendment to the Land Development Regulations
(LDR) Section 4.3.4(J)(4), "Increases to Height Regulations", Subsection (b), "Allowances", to allow an increase in building height to be considered for the Delray Medical Center, located
at 5352 Linton Boulevard. If passed, a second public hearing will be held on March 5, 2013. (Motion to approve; Approved, 5-0) B. ORDINANCE NO. 02-13: Consider an amendment to Section
91.22, “Prohibiting Dogs in Public Buildings, Places of Business”, in order to allow service dogs in public buildings or places of business in accordance with the Americans with Disabilities
Act. (Motion to approve; Approved, 5-0) C. ORDINANCE NO. 04-13: Consider an amendment to Ordinance No. 43-11 which revises “Section 1, Designation”, and “Section 2, Requirements of Designation”
of Ordinance No. 43-11, and an amendment to Land Development Regulations (LDR) Section 4.5.1(I)(13), “Local Register of Historic Places”, to provide for a name change to “Historic Fontaine
Fox House Properties” and the revised legal description of the designated boundary. (Motion to approve; Approved, 5-0) 1. FINAL SUBDIVISION PLAT APPROVAL/OCEAN APPLE ESTATES PLAT THREE:
Consider approval of a proposed two-lot singlefamily subdivision of a portion of the Historic Fontaine Fox House Properties (Lot 2, Ocean Apple Estates), located on the west side of
North Ocean Boulevard, at 610 North Ocean Boulevard. (Motion to approve; Approved, 5-0) D. RESOLUTION NO. 12-13/CONTRACT FOR SALE AND PURCHASE/703 PLACE CHATEAU: Consider approval of
Resolution No. 12-13, a contract for sale and purchase, authorizing the City to sell the Neighborhood Stabilization Program property located at 703 Place Chateau to Dumy Janvier in the
amount of $124,101.00 or appraised value. (Motion to approve; Approved, 5-0) 12. FIRST READINGS: A. ORDINANCE NO. 03-13: Consider approval to provide for the designation of a property
located at 170 Marine Way as “The Marina House” to the Local Register of Historic Places. If passed, a public hearing will be held on March 5, 2013. (Motion to approve; Approved, 5-0)
B. ORDINANCE NO. 06-13: Consider approval of a city-initiated amendment to Section 99.02, “Definitions”, amending Section 99.03, “Loud and Unnecessary Noises Prohibited”, amending Section
99.04, “Exemptions”, amending Section 99.05, “Temporary Permits”, repealing Section 99.06, “Notice of Violation”, repealing Section 99.07, “Abatement Orders”, and amending Section 99.08,
“Penalty”. If passed, a public hearing will be held on March 5, 2013. (Motion to TABLE; Approved, 5-0)
02/19/2013 -8 -13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: FEBRUARY 15, 2013 ****** Meeting adjourned at 11:15 p.m. ******
02/19/2013
- 2 -
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor Carney noted the applicant requested Item 8.C., Right of Way
Deed Acceptance/36 S.E. 1 st Avenue, be removed from the Consen t Agenda; Item 8.J., Renewal of the
Insurance Agent/Broker Service Agreement/The Plas tridge Agency, Inc., was moved to the Regular
Agenda as Item 10.A.A. Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
A. December 11, 2012 – Workshop Meeting (Approved, 5-0)
B. January 15, 2013 – Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Eating Disorders Awareness Week – February 24, 2013 - March 2, 2013
B. All People’s Day ® – March 22, 2013
7. PRESENTATIONS:
A. RESOLUTION NO. 13-13: Approve Resolution No. 13-13 recognizing and
commending Richard Hasko for 21 years of de dicated service to the City of Delray
Beach. (Approved, 5-0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. FINAL SUBDIVISION PLAT APPROVAL/ EAST INDIES: Approve a
proposed 4-unit townhouse subdivision located on the west side of Venetian Drive, 72
feet south of Ingraham Avenue located at 208 and 212 Venetian Drive.
B. FINAL SUBDIVISION PLAT APPROVAL/ MAISON DELRAY: Approve a
final plat for a four-lot single-family subdiv ision being platted as Maison Delray for the
property located at the inters ection of Grove Way, N.W. 3 rd Avenue and N.W. 12 th
Avenue.
C. RIGHT OF WAY DEED ACCEPTANCE/36 S.E. 1 ST AVENUE: Approve
acceptance of a right-of-way deed associated with the approved office development at
36 S.E. 1st Avenue within the Old School Square Historic District.
D. RIGHT-OF-WAY DEED ACCEPTANCE/ 307 S.E. 4 TH AVENUE : Approve
acceptance of a right-of-way deed for two feet (2’) of alley right-of-way dedication for
the property located at 307 S.E. 4 th Avenue.
02/19/2013
- 3 -
E. AMENDMENT NO. 1 TO THE AGRE EMENT FOR SERVICES AT A
WORKSITE MEDICAL FACILITY/CO NCENTRA HEALTH SERVICES,
INC.: Approve Amendment No. 1 to the Ag reement for Services at a Worksite
Medical Facility with Concentra Health Servi ces, Inc. to provide certain healthcare
services at the Employee Health and Wellness Center for the Town of Highland
Beach’s full-time Police Officers.
F. TRIPARTITE AND INTERLOCAL AGREEMENT: SCHOOL BOARD OF
PALM BEACH COUNTY/ ACHIEVEM ENT CENTERS FOR CHILDREN
AND FAMILIES (ACCF)/ CITY OF DELRAY BEACH: Approve a Tripartite
and Interlocal Agreement with the School Bo ard of Palm Beach County, Achievement
Centers for Children and Families (ACCF) and the City of Delray Beach for the funding
and operation of a pilot summer camp program with reading enhancements to help
further third grade reading proficiency thro ugh the campaign for grade level reading.
1. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT/
SCHOOL BOARD OF PALM BEACH COUNTY: SHARING
STUDENT DATA: Approve Amendment No. 1 to the Interlocal Agreement
with the School Board of Palm Beach County to share student information to
further the goal to increase 3rd grad e reading proficiency by 50% for low-
income students attending schools located within the City’s geographic
boundaries.
G. APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN
ELECTION: Approve the poll workers for the First Nonpartisan and Special
Elections to be held on March 12, 2013.
H. LANDSCAPE MAINTENANCE AGREEMENT/1127 VISTA DEL MAR
DRIVE: Approve a Landscape Maintenance Agr eement with Point of Delray, LLC for
the installation of landscaping within the right-of-way at 1127 Vista Del Mar Drive.
I. HOUSING REHABILITATION GRANT/ CONTRACT AWARD: Award one
(1) Housing Rehabilitation c ontract through the Community Development Block Grant
(CDBG) to the lowest responsive bidder, Citywide Construction Services, Inc. for 218
S.E. 4th Avenue in the amount of $32,241.05. Funding is available from 118-1963-554-
49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation).
J. (MOVED TO ITEM 10.A.A. ON THE REGULAR AGENDA)
K. SPECIAL EVENT REQUEST/15 TH ANNUAL CINCO DE MAYO FIESTA:
Approve a special event request to allow the 15th Annual Cinco De Mayo Fiesta to be
held Saturday, May 4, 2013, from 11:00 a.m. – 12:00 a.m., on the grounds of Delray
Beach Center for the Arts; to authorize staff support for traffic control and security,
trash removal, EMS assistance, fire inspection, signage preparation and installation, use
of the small stage and use of a City gene rator; contingent on the receipt of a
Certification of Liability Insurance and Alc ohol Liability Insurance fourteen (14) days
prior to the event and ending the event at 11:00 p.m. versus midnight. The estimated
cost of the event, which the sponsor is responsible for, is $6,495.00.
02/19/2013
- 4 -
L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
February 4, 2013 through February 15, 2013.
M. AWARD OF BIDS AND CONTRACTS:
1. None
9. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING CONSENT AGENDA.
A. City Manager's response to prior public comments and inquiries.
B. From the Public
10. REGULAR AGENDA:
A.A. RENEWAL OF THE INSURANCE AGENT/BROKER SERVICE
AGREEMENT/THE PLASTRIDGE AGENCY, INC.: Approve renewal of the
Insurance Agent/Broker Service Agreem ent for property and casualty insurance
with The Plastridge Agency, Inc. for an addi tional one year period beginning October 1,
2013. (Motion to approve renewal; Denied, 5-0)
A. RECONSIDERATION OF A WAIVER REQUEST FOR LINTCO
DEVELOPMENT: Reconsider a waiver request to Land Development Regulations
(LDR) Section 4.6.9(D)(3)(c)(1), “Stacking Dist ance”, to reduce the stacking distance
from the required fifty feet (50’) for parking lo ts with fifty-one (51) or more spaces to
twenty-eight feet nine inches (28’9”) at the northern entrance on S.W. 4 th Avenue for
Lintco Development. (Quasi-Judicial Hearing) (Motion to adopt board order as
presented; Approved, 3-2. Mayor Carney and Commissioner Frankel dissenting)
B. CONDITIONAL USE REQUEST/BEACHWAY MOTEL: Consider a
conditional use request associated with partial demolition and expansion of the
existing 1,960 sq. ft. seven (7) room motel in cluding removal of three (3) existing rooms
totaling 840 sq. ft. and construction of a 2,930 sq. ft. building addition to accommodate
an additional nine (9) rooms for a total of 13 rooms, a new 138 sq. ft. manager’s office,
ten (10) new on-site parking spaces and associated landscaping and alleyway
improvements for Beachway Motel located at 655 George Bush Boulevard. (Quasi-
Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0)
C. CONDITIONAL USE REQUEST/TIM FINNEGAN’S IRISH PUB: Consider a
conditional use request to allow Tim Finnegan’s Irish Pub and Restaurant to extend its
operating hours from 12:00 a.m. to 2:00 a.m. seven days per week, the business occupies
an existing tenant bay within the Dumar Plaza, located at 2885 South Federal Highway.
(Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0)
02/19/2013
- 5 -
D. WAIVER REQUESTS/ SOUTH OF ATLANTIC (SOFA) BUILDING #1:
Consider approval of six (6) waiver request s associated with the Class V Site Plan
approval pertaining to setbacks, stacking distance, sidewalk requirements, minimum
transparency or glass surface area, landscaping and the percentage of commercial
window display on the ground floor for SOFA Building #1, located on the east side of
S.E. 3 rd Avenue, between S.E. 1 st Street and S.E. 2 nd Street. (Quasi-Judicial Hearing)
(Motion to adopt board order as presented; Approved, 5-0)
E. WAIVER REQUESTS/ SOUTH OF ATLANTIC (SOFA) BUILDING #2:
Consider approval of four (4) waiver reque sts to the Land Deve lopment Regulations
(LDR) pertaining to setbacks, stacking di stance, minimum transparency or glass surface
area and the percentage of commercial wind ow display on the ground floor for SOFA
Building #2, located on the west side of S.E. 2 nd Avenue, 80 feet south of S.E. 1 st Street.
(Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0)
F. JOB CREATION INCENTIVE APPLICATION: Provide authorization for staff
to prepare an economic development incen tive package for Aldridge Connors LLP,
pursuant to the established Job Creation Incen tive program as established by the Delray
Beach City Commission. (Motion to approve; Approved, 5-0)
G. PROVIDE DIRECTION REGARDING PALM BEACH COUNTY SPORTS
COMMISSION PROPOSAL: Provide direction regarding the Palm Beach County
Sports Commission proposal to utilize the se rvices of Florida Sports Foundation, a
division of Enterprise Florida, Inc., to fa cilitate a workshop to explore enhancing the
City of Delray Beach as a sports destination. (It was the consensus of the Commission to
pay hotel stay and meals for one (1) member of staff to attend the workshop on April 12, 2013)
H. REVISED AGREEMENT/CHRIS EVERT CHARITIES, INC.: Consider
approval of a revised Agreement with Chris Evert Charities, Inc. for the Annual Chris
Evert Pro-Celebrity Tennis Classic. (Motion to approve and include language as stated by
Assistant City Manager, Robert Barcinski; Approved, 5-0)
I. HOST AGREEMENT: USTA/ FED CUP TIE MATCHES: Consider approval of
the Host Agreement with the USTA to be a host site if offered for the FED CUP
Tie Matches to be held on April 20 - 21, 2013. (Motion to approve subject to City Attorney
approval; Approved, 5-0)
J. PROPOSED CHANGES TO TH E COMMISSION RULES OF
PROCEDURES: Consider approval of proposed changes regarding the Commission
Rules of Procedures to provide that the pu blic may comment on any item, agendaed or
non-agendaed, and such comment shall begin after the “Proclamation and
Presentation” portion of the agenda. (It was the consensus of the Commission that the City
Attorney will make changes as suggested by Comm ission and bring back to City Commission at
meeting)
02/19/2013
- 6 -
K. PROVIDE DIRECTION REGARDING LIVE & LEARN DELRAY
COMMUNITY ENGAGEMENT PROGRAM: Provide direction regarding the
newly proposed Live & Learn Delray community engagement program. (It was the
consensus of the Commission to su pport the program as long as it was flexible and Commission
attendance was not required)
L. 2013 MUNICIPAL ELECTIONS - EDUCATIONAL COMMUNICATION
SERVICES: Consider proposals to provide ed ucational communication services
related to various proposed Charter Amendments as well as the proposed Economic
Development Property Tax Exemption. (Motion to use Connection Strategies at a cost not
to exceed $10,000.00 for supplemental materials ne eded for the election, which will include one
(1) mailer to all absentee and re sidential voters in the last two (2) elections; Approved, 4-1.
Commissioner Frankel dissenting)
M. JOINT MEETING WITH THE COMMUNITY REDEVELOPMENT
AGENCY (CRA) BOARD: Discussion regarding a possible joint meeting with the
Community Redevelopment Agency (CRA) Board. (Motion to continue meeting past 11:00
p.m.; Approved, 5-0. Motion to have joint meeting with the Community Redevelopment
Agency (CRA) within two (2) weeks; Approved, 5-0). At this point, Commissioner Frankel left
at 11:09 p.m.
N. APPOINTMENT TO THE GREEN IMPLEMENTATION
ADVANCEMENT BOARD: Appoint one (1) regular member to serve an unexpired
term plus a two (2) year term ending July 31, 2015 to the Green Implementation
Advancement Board. Based upon the rotation system, the appointment will be made by
Mayor Carney (Seat #5). (Appointed Giulia Pace and approved 4-0)
O. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL
BOARD: Appoint appointment of two (2) re gular members to serve unexpired terms
ending July 31, 2014, one (1) regular member to serve an unexpired term ending July 31,
2015, and one (1) At-Large Representative to serve an unexpired term ending July 31,
2014. Based upon the rotation system , the appointments will be made by
Commissioner Jacquet (Seat #2), Commissione r Frankel (Seat #3), Commissioner Gray
(Seat #4) and Mayor Carney (Seat #5) (Appointed Stephen Lampel and approved 4-0;
Appointed Bonnie Altenhein and approved 4-0; Appointed Nancy Richards and approved 4-0.
Commissioner Frankel’s appointment was defe rred to the March 5, 2013 Regular Meeting)
P. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1)
regular member to serve an unexpired term plus a two (2) year term ending July 31,
2015. Based upon the rotation system, the a ppointment will be made by Mayor Carney
(Seat #5). (Mayor Carney’s appointment was deferr ed to the March 5, 2013 Regular Meeting)
02/19/2013
- 7 -
11. PUBLIC HEARINGS:
A. ORDINANCE NO. 05-13 (FIRST READING/FIRST PUBLIC
HEARING): Consider approval of a privately initiated amendment to the Land
Development Regulations (LDR) Section 4.3.4(J )(4), "Increases to Height Regulations",
Subsection (b), "Allowances", to allow an increase in building height to be considered
for the Delray Medical Center, located at 5352 Linton Boulevard. If passed, a
second public hearing will be held on March 5, 2013. (Motion to approve; Approved, 5-0)
B. ORDINANCE NO. 02-13: Consider an amendment to Section 91.22, “Prohibiting
Dogs in Public Buildings, Places of Business”, in order to allow service dogs in public
buildings or places of business in accordan ce with the Americans with Disabilities Act.
(Motion to approve; Approved, 5-0)
C. ORDINANCE NO. 04-13: Consider an amendment to Ordinance No. 43-11 which
revises “Section 1, Designation”, and “Secti on 2, Requirements of Designation” of
Ordinance No. 43-11, and an amendment to Land Development Regulations (LDR)
Section 4.5.1(I)(13), “Local Register of Histor ic Places”, to provide for a name change
to “Historic Fontaine Fox House Properties” and the revised legal description of the
designated boundary. (Motion to approve; Approved, 5-0)
1. FINAL SUBDIVISION PLAT APPROVAL/ OCEAN APPLE
ESTATES PLAT THREE: Consider approval of a proposed two-lot single-
family subdivision of a portion of the Hi storic Fontaine Fox House Properties
(Lot 2, Ocean Apple Estates), located on the west side of North Ocean
Boulevard, at 610 North Ocean Boulevard. (Motion to approve; Approved, 5-0)
D. RESOLUTION NO. 12-13/CONTRACT FOR SALE AND PURCHASE/703
PLACE CHATEAU: Consider approval of Resolution No. 12-13, a contract for sale
and purchase, authorizing the City to sell the Neighborhood Stabilization Program
property located at 703 Place Chateau to Dumy Janvier in the amount of $124,101.00 or
appraised value. (Motion to approve; Approved, 5-0)
12. FIRST READINGS:
A. ORDINANCE NO. 03-13: Consider approval to provide for the designation of a
property located at 170 Marine Way as “The Marina House” to the Local Register of
Historic Places. If passed, a public hearing will be held on March 5, 2013. (Motion to
approve; Approved, 5-0)
B. ORDINANCE NO. 06-13: Consider approval of a city-initiated amendment to
Section 99.02, “Definitions”, amending S ection 99.03, “Loud and Unnecessary Noises
Prohibited”, amending Section 99.04, “Exemptions”, amending Section 99.05,
“Temporary Permits”, repealing Section 99.06, “Notice of Violation”, repealing Section
99.07, “Abatement Orders”, and amending Secti on 99.08, “Penalty”. If passed, a public
hearing will be held on March 5, 2013. (Motion to TABLE ; Approved, 5-0)
02/19/2013
- 8 -
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: FEBRUARY 15, 2013
****** Meeting adjourned at 11:15 p.m. ******