09-17-13 Agenda Results Regular MeetingCity of Delray Beach
Regular Commission Meeting
** *AGENDA RESULTS * **
Tuesday, September 17, 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
ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. None
5. PRESENTATIONS:
A. None
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.L, Contract Closeout /Great Lakes Dredge
and Dock Company, was added to the Regular agenda as Item 9.A.A.; Item 8J., Service Authorization
No. 12- 04.1) /Caulfield & Wheeler, Inc. was moved to the Regular Agenda as Item 9.13.13. Approved as
amended, 5 -0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5 -0)
A. REQUEST FOR A SIDEWALK DEFERRAL /101 SEABREEZE AVENUE:
Approve an agreement to defer installing a sidewalk along Seabreeze Avenue for the
property located at 101 Seabreeze Avenue.
B. REQUEST FOR A SIDEWALK DEFERRAL /110 SEABREEZE AVENUE:
Approve an agreement to defer installing a sidewalk along Seabreeze Avenue for the
property located at 110 Seabreeze Avenue.
C. REQUEST FOR A SIDEWALK DEFERRAL /622 SEASAGE DRIVE: Approve
an agreement to defer installing a sidewalk along Seasage Drive for the property located
at 622 Seasage Drive.
D. REQUEST FOR A SIDEWALK DEFERRAL/LUKE LANE LOT 2: Approve
an agreement to defer installing a sidewalk in front of the property located at Luke Lane
Lot 2 (1124 Luke Lane) within the North Beach Overlay District.
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E. REQUEST FOR A SIDEWALK DEFERRAL /150 N.W. 15TH STREET:
Approve an agreement to defer installing a sidewalk for the property located at 150
N.W. 15`'' Street for a proposed single family residence.
F. REQUEST FOR A SIDEWALK DEFERRAL /211 N.W. 16TH STREET: Approve
an agreement to defer installing a sidewalk in front of the property located at 211 N.W.
16`'' Street for a proposed single family residence.
G. HOLD HARMLESS AGREEMENT /620 NORTH OCEAN BOULEVARD:
Approve a Hold Harmless Agreement with Rabih J. Boueri to install and construct
utilities in the right -of -way of the State of Florida for the property located at 620 North
Ocean Boulevard.
H. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1 /FINAL) /ROSSO SITE
DEVELOPMENT, INC.: Approve Contract Closeout (C.O. No. 1 /Final) in the
amount of $30,867.34 decrease and final payment in the amount of $7,206.86 to Rosso
Site Development, Inc., for completion of the Block 19 & 20 Alley Improvements
Project. Funding is available from 334 - 3162 - 541 -68.56 (General Construction Fund:
Other Improvement /Block 19 & 20 Alley Improvements) and 448 - 5461 - 538 -68.56
(Storm Water Utility Fund: Other Improvement /Block 19 & 20 Alley Improvement).
I. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA)
(MOVED TO ITEM 9.11.13. ON THE REGULAR AGENDA)
K. UNIOUE OPPORTUNITY ALTERNATIVE INCENTIVE AGREEMENT/
LEVENGER COMPANY: Approve a Unique Opportunity Alternative Incentive
Agreement with Levenger Company, for the retention of corporate headquarters office
with 49 existing jobs and 10 jobs to be created in Delray Beach office space on the
Delray Beach Innovation Corridor, with a maximum three -year grant of $30,000.00.
L. RENEWAL OF INSURANCE POLICY/ FLORIDA MUNICIPAL
INSURANCE TRUST (FMIT . Approve renewal of the City's insurance policy and
payment of the premium to Florida Municipal Insurance Trust (FMIT) in the amount of
$1,546,713.00 for liability insurance, property damage insurance and workers'
compensation insurance. Funding is available from 551 - 1575 - 591 -45.11 (Insurance
Fund: Insurance /General Liability Premium).
M. EXTENSION OF A MAINTENANCE AND SUPPORT AGREEMENT
WITH MOTOROLA, INC.: Approve an extension to the Maintenance and Support
Agreement between the City and Motorola, Inc. in the amount of $120,016.44
for maintenance and support for all of dispatch with the exception of the law
enforcement officers' portable radios. Funding is available from 001 - 2111 - 521 -46.20
(General Fund: Repair & Maintenance Services /Equipment Maintenance).
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N. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT
AGENCY (CRAI /TENNIS CENTER SPONSORSHIP: Approve an Interlocal
Agreement between the City and the Community Redevelopment Agency (CRA) for the
sponsorship of City tennis tournament, Delray Beach Open by the Venetian Las Vegas
for FY 13 -14.
O. PROCLAMATIONS:
Attendance Awareness Month — September 2013
P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
September 2, 2013 through September 13, 2013.
Q. AWARD OF BIDS AND CONTRACTS:
Contract award to Special Products Group (SPG) in the annual estimated
amount of $64,350.00 for uniform procurement for Fire - Rescue Department
personnel. Funding is available from 001 - 2315 - 526 -52.22 (General Fund:
Operating Supplies /Uniforms /Linen Service), 001 - 2311 - 522 -52.22 (General
Funds: Operating Supplies /Uniforms /Linen Service) 001 - 2313 - 522 -52.22
(General Fund: Operating Supplies /Uniforms /Linen Service) and 001 -2317-
522 -52.22 (General Fund: Operating Supplies /Uniforms /Linen Service).
9. REGULAR AGENDA:
A.A. CONTRACT CLOSEOUT /GREAT LAKES DREDGE AND DOCK
COMPANY: Approve Contract Closeout in the amount of $789,933.70 decrease and
final payment in the amount of $8,030,176.30 to Great Lakes Dredge and Dock
Company, in association with the 2013 Beach Renourishment Project. Funding is
reimbursable from Federal, State and County funding sources. (Motion to approve;
Approved, 5 -0)
BB. SERVICE AUTHORIZATION NO. 12 -04.1/ CAULFIELD & WHEELER
INC.: Approve Service Authorization No. 12- 04.1with Caulfield & Wheeler, Inc., for
an additional amount of $7,515.00 for topographic route surveys for sidewalks at the
South Swinton — S.W. /S.E. 1s` Street Signal Project. Funding is available from 334-
3162- 541.31 -30 (General Construction Fund: Professional
Services /Engineering /Architectural). (Motion to approve; Approved, 5 -0)
A. CONDITIONAL USE REQUEST /THE STRAND: Consider a conditional use
request to allow residential density in excess of 30 dwelling units per acre (63 du /acre
proposed) on property located on the north and south side of S.E. 1s` Street, between
S.E. 3rd Avenue and the FEC Railroad in the Central Business District (CBD), pursuant
to Land Development Regulations (LDR) Section 4.4.13(D)(12), "Conditional Uses and
Structures Allowed ", for The Strand, a proposed 198 -unit residential development.
(Quasi-judicial Hearing) (Mayor Glickstein left the dais. Motion to adopt the board order
as presented; Approved, 3 -1. Commissioner Petrolia dissenting)
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1. WAIVER REQUEST/ THE STRAND: Consider a waiver request to Land
Development Regulations (LDR) Section 4.7.9(C)(i), to allow an increase in the
percentage of one bedroom units over the maximum of 30% allowed (51%
proposed) associated with The Strand, a 198 -unit residential development
located on the west side of S.E. 3rd Avenue, between S.E. 1" Street and S.E. 2nd
Street (Quasi-judicial Hearing) (Motion to adopt the board order as presented;
Approved, 3 -1. Commissioner Petrolia dissenting. Mayor Glickstein returned to the
dais)
B. DISCUSSION REGARDING A TWO YEAR WAITING PERIOD FOR
FORMER COMMISSIONERS BEFORE BEING ELIGIBLE FOR
APPOINTMENT TO CITY BOARDS (Consensus of the Commission to bring this
ordinance back for a one (1) year waiting period across the board)
C. RESOLUTION NO. 41 -13: Consider approval of Resolution No. 41 -13; adopt a
policy governing the reasonable opportunity to be heard on a proposition before the
City Commission or any City Board or Committee, in accordance with Florida Statutes
Section 286.0114. (Motion to approve; Approved, 5 -0)
D. AMENDMENT TO THE CONTRACT SERVICE ARRANGEMENT
AGREEMENT (CSA)/ AT &T FLORIDA: Approve an amendment to extend the
current Contract Service Arrangement (CSA) agreement with AT &T Florida at a cost of
$110,754.72 annually for Centrex Service Business lines, one (1) MegaLink Circuit and
three (3) Primary Rate Integrated Digital Service Network (ISDN's). Funding is
available from various departments. (Motion to approve; Approved, 5 -0)
(Motion to extend the meeting past 11:00 a.m.; Approved, 4 -1. Commissioner Frankel dissenting)
E. INITIATION OF AMENDMENT TO LAND DEVELOPMENT
REGULATIONS /PINEAPPLE GROVE WAY: Consider approval to initiate an
amendment to the Land Development Regulations (LDR) Section 4.4.13(H)(1), "Special
Regulations ", prohibiting ground floor office uses for specific areas along Pineapple
Grove Way. (Motion to approve; Approved, 4 -1. Commissioner Frankel dissenting)
F. INITIATION TO AMENDMENT TO LAND DEVELOPMENT
REGULATIONS (LDR) /CENTRAL BUSINESS DISTRICT
(CBD) /DENSITY HEIGHT: Consider approval to initiate amendments to the
Land Development Regulations (LDR) Sections 4.4.13, "Central Business District ", and
4.3.4, "Base District Development Standards" which modify the areas where conditional
use approval for increased height and density can be requested. Further, the
modifications will provide clarification with respect to maximum stories that can be
achieved within the respective 48' and 60' height maximums. (First motion to TABLE;
Denied, 4 -1. Commissioner Frankel dissenting. Second motion to initiate as presented;
Approved 3 -2. Commissioner Gray and Commissioner Frankel dissenting)
(At this point, Commissioner Petrolia made a motion to extend the meeting past 12:00 midnight; Motion failed
for lack of a second.)
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G. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
alternate member to the Board of Adjustment to serve a two (2) year term
ending August 31, 2015. Based upon the rotation system, the appointment will be made
by Commissioner Frankel (Seat #3). (POSTPONED TO THE OCTOBER 1, 2013
REGULAR MEETING)
H. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD:
Appoint one (1) regular member to serve a two (2) year term ending August 31, 2015
to the Historic Preservation Board. Based upon the rotation system, the appointment
will be made by Commissioner Jacquet (Seat #2). (POSTPONED TO THE
OCTOBER 1, 2013 REGULAR MEETING)
I. APPOINTMENT TO THE PLANNING & ZONING BOARD: Appoint one
(1) regular member to the Planning & Zoning Board to serve a two (2) year term ending
August 31, 2015. Based upon the rotation system, the appointment will be made by
Commissioner Frankel (Seat #3). (POSTPONED TO THE OCTOBER 1, 2013
REGULAR MEETING)
APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE
BOARD: Appoint one (1) regular member to serve a two (2) year term ending August
31, 2015 to the Site Plan Review & Appearance Board. Based upon the rotation system,
the appointment will be made by Commissioner Jacquet (Seat #2). (POSTPONED
TO THE OCTOBER 1, 2013 REGULAR MEETING)
K. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular
member to the serve an unexpired term ending July 31, 2015 to the Education Board.
Based upon the rotation system, the appointment will be made by Commissioner
Frankel (Seat #3). (POSTPONED TO THE OCTOBER 1, 2013 REGULAR
MEETING)
10. PUBLIC HEARINGS:
A. RESOLUTION NO. 42 -13 (FINAL MILLAGE LEVY A resolution levying a tax
on all properties within the City of Delray Beach for operation and maintenance and for
payment of principal and interest on bonded indebtedness for FY 2014. (Motion to
approve Resolution No. 42 -13 as amended; Approved, 5 -0)
B. RESOLUTION NO. 43 -13 ( MILLAGE LEVY /DDA. A resolution levying a tax
on all properties within the Downtown Development Authority Taxing District of the
City of Delray Beach for FY 2014. (Motion to approve Resolution No. 43 -13; Approved, 5-
0)
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C. RESOLUTION NO. 44 -13 (BUDGET ADOPTION FOR FY 2014). A resolution
tentatively making appropriations of sums of money for all necessary expenditures of
the City of Delray Beach for the period October 1, 2013 through September 30, 2014.
(Motion to approve Resolution No. 44 -13 as amended; Approved, 5 -0)
1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN:
Accept the Planning and Zoning Board's finding that the proposed Five Year
Capital Improvement Plan for FY 2013 -14 through FY 2017 -18 and FY 2014
Capital Improvement Budget are consistent with the Comprehensive Plan.
(Motion to approve; Approved, 5 -0)
D. ORDINANCE NO. 19 -13: Consider a city - initiated amendment to the Land
Development Regulations (LDR) Section 2.2.4, "Board of Adjustment ", Subsection B,
"Composition ", to modify the board member requirements for the Board of
Adjustment. (Motion to approve; Approved, 5 -0)
E. ORDINANCE NO. 20 -13: Consider a city - initiated amendment to the Land
Development Regulations (LDR), by amending Section 2.2.2, "The Planning and
Zoning Board ", Subsection C, "Composition ", to modify the Board member
requirements. (Motion to approve; Approved, 4 -1. Commissioner Jacquet dissenting)
F. ORDINANCE NO. 21 -13: Consider a city - initiated amendment to Land
Development Regulations (LDR), by amending Article 8.1, "The Community
Redevelopment Agency ", Section 8.1.1, "Community Redevelopment Agency ",
Subsection (B), "Members ", to provide that the appointments for Chair and Vice -Chair
shall occur on an annual basis. (Motion to approve; Approved, 5 -0)
G. ORDINANCE NO. 22 -13: Consider an amendment to Chapter 35, "Employee
Policies and Benefits ", Section 35.095, "Contributions of Participant and City ",
Subsection (A), "Participant's Contribution Account ", to clarify when contributions
shall cease. (Motion to approve; Approved, 5 -0)
H. ORDINANCE NO. 23 -13: Consider an amendment to Chapter 35, "Employee
Policies and Benefits ", Section 35.105, "Administration by Retirement Committee ",
Subsection (C), "Action by Committee ", Subsection (G) "[Actuary's Responsibilities] ",
to allow the Retirement Committee to contract directly with the Actuary. (Motion to
approve; Approved, 4 -1. Commissioner Jacquet dissenting)
I. ORDINANCE NO. 25 -13: An ordinance amending Chapter 51, "Garbage and
Trash ", of the City Code of Ordinances by amending Section 51.70, "Regular Charges
Levied ", to provide for increased residential and commercial collection service rates for
FY 2014. (Motion to approve; Approved, 4 -1. Commissioner Jacquet dissenting)
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11. FIRST READINGS:
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. If passed, a public hearing will be held on October 1, 2013.
(POSTPONED TO THE OCTOBER 1. 2013 REGULAR MEETING)
12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: SEPTEMBER 13, 2013
* * ** *Meeting adjourned at 12.•02 a.m. * * * **
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