08-06-13 Agenda Results Regular MeetingCity of Delray Beach
Regular Commission Meeting
** *AGENDA RESULTS * **
Tuesday, August 6, 2013
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests
with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor,
presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated.
Public comment shall be allowed as follows:
A. Comments and Inquiries on Non - Agenda and Agenda Items (excluding public hearing or quasi-judicial
hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may withhold comment or direct the
City Manager to take action on requests or comments.
B. Public Hearings /Quasi - Judicial Hearings: Any citizen is entitled to speak on items under these sections at
the time these items are heard by the Commission.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission
should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the
meeting, you may still address the Commission. The primary purpose of the sign -in sheet is to assist staff with
record keeping. Therefore, when you come up to the podium to speak, please complete the sign -in sheet if you have
not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name
and address for the record. All comments must be addressed to the Commission as a body and not to individuals.
Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the
Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again
address the Commission is granted by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any
matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony
and evidence upon which the appeal is based. The City neither provides nor prepares such record.
The City will furnish auxiliary aids and services to afford an individual with a disability an
opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by
the City. Contact the City Manager at 243 -7010, 24 hours prior to the event in order for the City to
accommodate your request. Adaptive listening devices are available for meetings in the
Commission Chambers.
100 NW 1st Avenue • Delray Beach, Florida 33444
Phone: (561) 243 -7000 • Fax: (561) 243 -3774
www.mvdeiraybeach.com
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. July 9, 2013 — Regular Meeting (Approved, 5 -0)
B. July 16, 2013 — Special /Workshop Meeting (Approved, 5 -0)
5. PRESENTATIONS:
A. Florida Association of City Clerks (FACC) President — Lori McWilliams presentation to
City Clerk, Chevelle D. Nubin
B. Recognizing Delegates from Moshi, Tanzania
C. FY 2014 Proposed Budget 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 Carney noted Item 8.j., Contract Agreement with
Ascension /Employer Mutual Inc., for Insurance Broker /Agent Services, was added to the Regular
agenda as Item 9.A. (Item 9.A., Conditional Use Requests /Uptown Delray, was removed from the
Regular Agenda); Item 8.L., Special Event Request /Twilight Bicycle Race and Festival, was moved to
the Regular Agenda as Item 9.A.A.; Item 10.A., Community Development Block Grant (CDBG)
Consolidated Annual Action Plan FY 2013 -14 was removed from the Public Hearings agenda.
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 July 18, 2013.
B. FINAL BOUNDARY PLAT APPROVAL/DELRAY PLACE: Approve the final
boundary plat for a new commercial shopping center being platted as Delray Place
located at the southeast corner of Linton Boulevard and South Federal Highway.
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C. ACCEPTANCE OF WATER EASEMENT DEED /420 SOUTH CONGRESS
AVENUE: Approve acceptance of a water easement deed for the installation of a new
water and fire service line for the property located at 420 South Congress Avenue.
D. HOLD HARMLESS AGREEMENT /425 N. E. 8TH AVENUE: Approve a Hold
Harmless Agreement with Susan and David Pesso to install a fence and landscaping for
the property located at 425 N.E. 8`h Avenue.
E. REQUEST FOR SIDEWALK DEFERRAL /961 JASMINE DRIVE: Approve a
request to defer the installation of a sidewalk in front of 961 Jasmine Drive.
F. REQUEST FOR SIDEWALK DEFERRAL /923 SEAGATE DRIVE: Approve a
request to defer the installation of a sidewalk adjacent to the right -of -way along Seagate
Drive for a proposed single family residence at 923 Seagate Drive within the Seagate
Beach Overlay District.
G. REQUEST FOR SIDEWALK DEFERRAL /344 NORTH OCEAN
BOULEVARD: Approve a request to defer the installation of a sidewalk along
Seaspray Avenue located at 344 North Ocean Boulevard within the North Beach
Overlay District.
H. REQUEST FOR A SIDEWALK DEFERRAL /1110 BAUHINIA ROAD:
Approve a request to defer the installation of a sidewalk adjacent to the right -of -way
along Bauhinia Road for a proposed single family residence located at 1110 Bauhinia
within the Seagate Beach Overlay District.
I. REQUEST FOR SIDEWALK DEFERRALS /1101 SEASPRAY AVENUE:
Approve a request to defer the installation of two (2) sidewalks along Seaspray Avenue
and Beach Drive located at 1101 Seaspray Avenue within the North Beach Overlay
District.
(MOVED TO ITEM 9.A. ON THE REGULAR AGENDA).
K. RESOLUTION NO. 16 -13: Approve Resolution No. 16 -13; amending Resolutions
05 -11, 55 -09, 58 -09, 23 -08, and 63 -07, which established and clarified the
responsibilities of the Financial Review Board and its member requirements, in order to
dissolve the board.
L. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA)
M. PROCLAMATIONS:
Fire Fighter Appreciation Month — August 2013
2. Florida Water Professionals Week — August 12 -16, 2013
N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
July 22, 2013 through August 2, 2013.
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O. AWARD OF BIDS AND CONTRACTS:
1. Bid award to ECO Engineering Service, LLC., the sole source, in the amount of
$110,660.00 to install Flex -Pave tree grate material in 182 /tree bases on
Atlantic Avenue from A -1 -A to N.W. /S.W. 12`h Avenue and on Pineapple
Grove. Funding will be provided by the Community Redevelopment Agency.
2. Purchase award to HD Supply Waterworks in the amount of $45,921.55 for
water main materials to be installed by the City's in -house construction crew for
the North Lake Ida Area Water Main Project. Funding is available from 442-
5178- 536 -68.64 (Water & Sewer Renewal & Replacement Fund: Improvements
Other /North Lake Ida Area Water Main).
3. Purchase award to Hall-Mark Fire Equipment in the amount of $278,009.00 for
one (1) replacement Rescue Ambulance. Funding is available 501- 3312 -591-
64.25 (Garage Fund: Machinery /Equipment /Heavy Equipment).
4. Purchase award to CDW -G in the amount of $17,556.00 for seven (7) business
rugged laptops with docking stations and wireless access. Funding is available
from 001 - 2115 - 521 -64.11 (General Fund: Machinery /Equipment /Computer
Equipment).
9. REGULAR AGENDA:
A. CONTRACT AGREEMENT WITH ASCENSION /EMPLOYER MUTUAL
INC., FOR INSURANCE BROKER /AGENT SERVICES: Approve a contract
agreement with Ascension /Employer Mutual Inc., at a fixed annual fee of $37,500.00
for insurance broker /agent services. Funding is available from 551 - 1575 - 591 -45.20
(Insurance Fund: Insurance /Claims Handling Costs). (Motion to approve; Approved, 4 -1.
Commissioner Frankel dissenting)
A.A. SPECIAL EVENT REQUEST/ TWILIGHT BICYCLE RACE AND
FESTIVAL: Approve a special event request for the Delray Beach Twilight Bicycle
Race, sponsored by RAC Event Productions to be held on March 22, 2014 from 8:00
a.m. to 10:00 p.m.; grant a temporary use permit per LDR Section 2.4.6(F) for closure
and use of the bike race route noted in the staff report from approximately 4:00 p.m. to
10:00 p.m. on Saturday, March 22, 2014 and use of Worthing Park; and authorize staff
support for traffic control and security, EMS assistance, fire inspection services, and
event signage; contingent upon the conditions of approval listed in the staff report. The
event sponsor is responsible for 100% of applicable City costs, plus 5% administrative
fee for an estimated total of $15,475.00. (Motion to approve; Approved, 4 -1. Commissioner
Frankel dissenting)
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A. CONDITIONAL USE REQUESTS /UPTOWN DELRAY: Consider conditional
use requests to Land Development Regulations (LDR) Section 4.3.40, "Increases to
Height Regulations ", to allow an increase in the building height in excess of 48 feet (60
feet proposed)and Section 4.4.13(1), "Increase in Density ", to increase the density in
excess of 30 residential units per acre (69.52 units per acre proposed) for a proposed
mixed -use development that includes the demolition of the existing commercial
building and removal of the existing parking lot and construction of 146 residential
apartment units and 7,854 square feet of retail /office space in a 6 -story building and 6-
level structured parking garage for Uptown Delray, located on the north side of S.E. 2nd
Street between S.E. 4`'' Avenue and S.E. 5`'' Avenue. (Quasi-judicial Hearing) (THE
APPLICANT HAS REQUESTED THAT THIS ITEM BE POSTPONED TO
THE OCTOBER 15, 2013 REGULAR MEETING)
B. OPINION REGARDING THE ABILITY TO AMEND THE BEACH
CABANA CONTRACTS (Motion to continue to go out for RFP; Approved 3 -2.
Commissioner Frankel and Commissioner Gray dissenting)
C. FINAL SUBDIVISION PLAT APPROVAL AND WAIVER REQUEST/DELL
GROVE: Consider approval of a waiver request to Land Development Regulations
(LDR) Section 4.3.4(1), "Development Standards Matrix ", minimum lot size, width,
depth and frontage requirements and a final plat in conjunction with the creation of a
two (2) single family home subdivision for Dell Grove, located at the southeast corner
of N.E. 2nd Avenue and N.E. 12`'' Street. (Quasi-judicial Hearing) (Motion to adopt
board order as presented; Approved, 5 -0)
D. CONDITIONAL USE REQUEST /SOUTHGATE MOTEL: Consider a
conditional use request associated with demolition of the existing one - story, ten (10)
room motel and construction of a new two - story, twenty -eight (28) room motel with a
swimming pool, bath house and associated landscaping and parking lot upgrades located
at 1600 North Federal Highway. (Quasi-judicial Hearing) (Motion to adopt board order
as presented; Approved, 5 -0)
E. WAIVER REQUEST /CHASE BANK: Consider approval of a waiver request to
Land Development Regulations (LDR) Section 4.4.12(F)(2), "Planned Commercial
District ", which requires a minimum floor area of 6,000 square feet associated with a
Class V site plan for the Chase Bank project located on an outparcel of the Harbor
Plaza at the northeast corner of Federal Highway and Linton Boulevard. (Quasi-
judicial Hearing) (Commissioner Gray left dais. Motion to adopt board order as presented;
Approved, 4 -0)
F. WAIVER REQUEST/EL CAMINO RESTAURANT: Request approval of a
waiver to Land Development Regulations (LDR) Section 4.4.13(14)(1)(a), "Minimum
Height ", to allow a twenty -three foot (23') high existing building where a minimum of
twenty -five foot (25') height is required in the Central Business District (CBD) Zoning
District for El Camino Restaurant located at 15 N.E. 2nd Avenue. (Quasi-judicial
Hearing) (Motion to adopt board order as presented; Approved, 4 -0)
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G. BID AWARD/ H & H CARPET OF PALM BEACH COUNTY, INC.: Consider
approval of a bid award to H & H Carpet of Palm Beach County, Inc., the second lowest
bidder, in the amount of $42,239.00 to replace tile in the Golf Course lobby and
carpeting in the main dining room, offices, bar area, pro shop, and the Louie Suggs
conference rooms. Funding is available from 445 - 4761 - 572 -46.10 (Delray Beach
Municipal Golf Course: Repair & Maintenance Services /Building Maintenance). (Motion
to approve bid award; Approved, 4 -0)
H. BID PROTEST /ALCALDE & FAY: Consider a bid protest filed by Alcalde & Fay
regarding professional federal lobbying services; Request for Proposal (RFP) No. 2013-
46. (Motion to deny; Approved, 4 -0)
I. CONSULTANT AGREEMENT FOR SPERRY VAN NESS /DAVID WILK:
Consider approval of a consultant agreement with Sperry Van Ness /David Wilk for
Phase III, Implementation of the Real Estate Strategic Marketing Plan for the Delray
Beach Innovation Corridor. Funding is available from 001 - 1212 - 559 -48.71 (General
Fund: Promotional Activities /Marketing). (Commissioner Gray returned to the dais. Motion
to approve; Approved, 5 -0)
DESIGNATION OF VOTING DELEGATE: Designate the City's voting delegate
to the Florida League of Cities' 87`'' Annual Conference to be held at World Center
Marriott in Orlando, Florida on August 15 -17, 2013. (Motion to designate Vice -Mayor
Jacquet as voting delegate; Approved, 5 -0)
K. APPOINTMENT OF VICE CHAIRPERSON TO THE COMMUNITY
REDEVELOPMENT AGENCY (C" BOARD: Recommend appointment of a
Vice Chairperson to the Community Redevelopment Agency (CRA) Board. (Motion to
appoint Herman Stevens as Vice Chair for one (1) year expiring on July 31, 2014; 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, 2015 to the Police Advisory
Board. Based on the rotation system, the appointment will be made by Mayor
Glickstein (Seat #5). (Appointed Michael Costin and approved 5 -0)
M. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) regular
members to the Education Board to serve two (2) year terms ending July 31,
2015. Based upon the rotation system, the appointment will be made by Commissioner
Jacquet (Seat #2) and Commissioner Gray (Seat #4). (Appointed Cathy DeMatto and
approved 5 -0; appointed Margarita Kaufman and approved 5 -0)
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10. PUBLIC HEARINGS:
A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBW
CONSOLIDATED ANNUAL ACTION PLAN FY 2013 -14: Consider approval of
the CDBG Consolidated Annual Action Plan FY 2013 -14 as required by the United
States Department of Housing & Urban Development (HUD) for utilization of federal
grant funds. (THIS ITEM WAS APPROVED AT THE JULY 25, 2013 CITY
COMMISSION MEETING, BUT WAS INADVERTENTLY ADVERTISED
TO BE HEARD FOR A SECOND MEETING (AUGUST 6, 2013). THIS
ITEM HAS ALREADYBEEN VOTED UPONAND WILL NOT BE HEARD
AGAIN)
11. FIRST READINGS:
A. ORDINANCE NO. 17 -13: Consider amending Chapter 32 "Departments, Boards
and Commissions ", of the Code of Ordinances, by amending Section 32.08(E), "Length
of Terms; Restrictions ", for the purpose of removing reference to the Neighborhood
Advisory Council; repealing Sections 32.45, "Establishment "; 32.46, "Composition;
Appointment; Terms "; 32.47, "Organization "; 32.48, "Qualifications of Members ",
32.49, "Duties and Responsibilities ", 32.50, "Meetings ", in their entirety. If passed, a
public hearing will be held on August 20, 2013. (Motion to approve; Approved, 5 -0)
12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: AUGUST 2, 2013
* * ** *Meeting adjourned at 10.•53 p.m. * * * **
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