06-17-14 Agenda Results Regular Meeting City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, Tune 17,2014
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.mvdelraybeach.com
1. ROLL CALL. (Commissioner Jacquet left at 11:08 p.m.)
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.D., Resolution No. 25-14 and Item 8.D.1.,
Acceptance of a Water Easement Deed/S.W. 7th Avenue, was postponed to the July 1, 2014 Regular
Meeting, Staff requested Item 8.0., Quit Claim Deed/Community Redevelopment Agency (CRA), be
postponed;Item 11.A.,Ordinance No. 29-14,followed the Public Hearings.Approved as amended,5-0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended,5-0)
A. FINAL SUBDIVISION PLAT APPROVAL/SEAGATE YACHT CLUB:
Approve a final plat for Seagate Yacht Club that includes a 5,221 sq. ft. yacht club
building with a 44 slip marina and ten (10) townhouse units located at 110 MacFarlane
Drive.
B. ACCEPTANCE OF A WATER EASEMENT DEED/1400 SOUTH FEDERAL
HIGHWAY: Approve and accept a water easement deed from Linton Delray, LLC.
for the property located at 1400 South Federal Highway.
C. HOLD HARMLESS AGREEMENT/SUNTRUST BANK: Approve a Hold
Harmless Agreement with SunTrust Bank to allow the construction of a 26 LF PVC
sanitary sewer service line that will connect to an existing sanitary service lateral and
cleanout within the State's right-of-way for the property located at 1800 South Federal
Highway.
D. RESOLUTION NO. 25-14: Approve Resolution No. 25-14; abandonment of a 50'
wide by 140.72' long portion of S.W. 2"d Avenue, lying south of S.W. 7`h Street within
the Nichols First Addition and Nichols Second Addition Plats. (POSTPONED TO
THE JULY 1, 2014 REGULAR MEETING)
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1. ACCEPTANCE OF A WATER EASEMENT DEED/S.W. 7 T
AVENUE: Approve and accept a 12'wide Water Easement Deed between the
City and Beverley and Edward L. Forbes to accommodate an existing water
main located on the western side of the road right-of-way for the property
located at 206 S.W. 7`t' Avenue. (POSTPONED TO THE JULY 1, 2014
REGULAR MEETING)
E. SERVICE AUTHORIZATION NO. 12-04/WANTMAN GROUP, INC:
Approve Service Authorization No. 12-04 with Wantman Group, Inc. in the amount
of$6,050.00 for professional design services (RFQ #2012-07) related to the Alley
Drainage Improvements Project No. 11-113. This recommendation is in compliance
with Ordinance No. 29-13, Section 36.02(C)(3), "Methods of Acquisition: Direct
Acquisition Method, Professional Services" and Section 36.06(A), "Change Orders: City
Commission Contracts, Within the Scope of Work". Funding is available from 448-
5461-538-68.82 (Storm Water Utility Fund: Other Improvement/Alley Drainage
Improvement).
F. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL)/ ALL PHASE
ROOFING & CONSTRUCTION/BEACH BEAUTIFICATION MASTER
PLAN GAZEBO: Approve Contract Closeout (C.O. No. 2/Final) in the amount of
$8,005.60 decrease and final payment in the amount of$13,513.98 to All Phase Roofing
& Construction for completion of the Beach Beautification Master Plan Gazebo
(Project No. 12-035). This item complies with Section 36.06(A)(1), "Methods of
Acquisition/Competitive Bids", and 36.06(A)(2) "Within the Scope of Work", of the
City's Purchasing Code. Funding is available from 117-4170-572-68.83 (Recreation
Impact Fee FD: Other Improvement/Beach Pavilion).
G. WORKFORCE HOUSING COVENANT/CITY OF DELRAY BEACH AND
RELATED DEVELOPMENT, LLC./SOFA BUILDING 1: Approve a Workforce
Housing Covenant, as proposed between the City of Delray Beach and Related
Development,LLC., for SOFA Building 1.
H. WORKFORCE HOUSING COVENANT/CITY OF DELRAY BEACH AND
RELATED DEVELOPMENT, LLC./SOFA BUILDING 2: Approve a
Workforce Housing Covenant, as proposed between the City of Delray Beach and
Related Development,LLC., for SOFA Building 2.
I. MODIFICATION NO. 6 TO SUBGRANT AGREEMENT/
NEIGHBORHOOD STABILIZATION PROGRAM (NSP)- Approve
Modification No. 6 to the Neighborhood Stabilization Program (NSP) Subgrant
Agreement to extend the contract date to December 31, 2014.
J. PURCHASING ADVERTISEMENT COSTS FOR FY 2014, PALM BEACH
POST: Approval to expend up to a total of$60,000.00 in FY 2014 to Palm Beach Post
for purchasing advertisement costs. The recommendation is in compliance with
Ordinance No. 29-13, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding
$25,000.00 in a Fiscal Year". Funding is available from multiple departments.
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K. TEMPORARY STAFFING AGENCY COSTS FOR FY 2014, MULTIPLE
VENDORS: Approval to expend up to a total of$200,000.00 in FY 2014 to multiple
temporary staffing agencies used by several City departments to meet short term needs
that arise from resignations and other vacancies or from project requirements that do
not merit hiring full time employees. The recommendation is in compliance with
Ordinance No. 29-13, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding
$25,000.00 in a Fiscal Year". Funding is available from multiple departments.
L. SCHOOL READINESS CHILD CARE PROVIDER AGREEMENT/EARLY
LEARNING COALITION OF PALM BEACH COUNTY, INC.: Approve
the School Readiness Child Care Provider Agreement between the City of Delray Beach
and the Early Learning Coalition of Palm Beach County, Inc. to provide subsidized
child care funding for the Afterschool Program located at Pompey Park and the
Community Center.
M. AFTERSCHOOL PROGRAM PROVIDER AGREEMENT/EARLY
LEARNING COALITION OF PALM BEACH COUNTY, INC.: Approve
Continue-to-Care Afterschool Program Provider Agreement between Early Learning
Coalition of Palm Beach County, Inc. and the City, to continue reimbursable funding
through the Continue to Care-Afterschool Scholarship program for the Afterschool
Program located at Pompey Park and the Community Center.
N. GRANT APPLICATION/EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAG). Approve submission of an application for funding in
the amount of $40,770.00 through the U.S. Department of Justice Edward Byrne
Memorial Justice Assistance Grant (JAG) program which will support the Holiday
Robbery Task Force,which reduces crime during the Holiday season.
O. QUIT CLAIM DEED/COMMUNITY REDEVELOPMENT AGENCY (CRA)
Approve a Quit Claim Deed between the City and the Community Redevelopment
Agency (CRA) for two small parcels of land located at the existing sidewalk on S.E. 4h
Avenue adjacent to the old library site and the expanded alley and parking area on the
north side of the old library site, in order for them to be properly dedicated as public
right-of-way. (POSTPONED)
P. PROCLAMATIONS:
1. None
Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
June 2, 2014 through June 13, 2014.
R. AWARD OF BIDS AND CONTRACTS:
1. None
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(At this point, the Commission made a motion to extend the meeting past 11:00 p.m.; Approved, 5-0. Second
motion to move Item 9.H.,Nominations for Appointment to the Downtown Development Authority (DDA),to
Item 9.B. and Item 9.L,Nomination for Appointment to the General Employees Retirement Committee to Item
9.C.)
REGULAR AGENDA:
A. WAIVER REQUEST/DELRAY BEACH PUBLIC LIBRARY: Consider approval
of a request to waive Land Development Regulations (LDR) Section 4.6.7(F)(3)(f),
"Supplemental District Regulations: Signs, Signs Requiring Permits, Special Purpose
Signs and Signing, Special Event Non-Roadway Banner Signing", to allow the Delray
Beach Public Library to replace their two Centennial Banners with two (2) temporary
501(C)3 banners until June 3, 2015. (Quasi-judicial Hearing) (Motion to adopt board
order as presented,Approved 4-1. Commissioner Petrolia dissenting)
B. NOMINATIONS FOR APPOINTMENT TO THE DOWNTOWN
DEVELOPMENT AUTHORITY (DDA�. Nominate four (4) regular members for
appointment to the Downtown Development Authority (DDA) to serve three (3) year
terms ending July 1, 2017. Based on the rotation system, the nominations for
appointment will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel
(Seat #3), Commissioner Jarjura (Seat #4) and Mayor Glickstein (Seat #5). (Appointed
Ryan Boylston and approved 4-0;Appointed Frank Frione and approved 4-0;Appointed Scott
Kennedy and approved 4-0. Mayor Glickstein's appointment was deferred to the July 1, 2014
Regular Meeting)
C. NOMINATION FOR APPOINTMENT TO THE GENERAL EMPLOYEES
RETIREMENT COMMITTEE: Nominate one (1) regular member for
appointment to the General Employees Retirement Committee to serve an indefinite
term. Based on the rotation system, the nomination for appointment will be made by
Commissioner Jacquet (Seat#2). (Appointed Francime Ramaglia and approved 5-0)
D. SCHOOL CROSSING GUARD CONTRACT/ACTION LABOR
MANAGEMENT, LLC d/b/a STAFFING CONNECTION: Consider approval
of the School Crossing Guard Contract with Action Labor Management, LLC., d/b/a
Staffing Connection in an amount not to exceed $185,000.00 per fiscal year for school
crossing guard services by utilizing Palm Beach Garden's contract that was
competitively bid via RFP No. 2010-003 pursuant to Ordinance No. 29-13 Section
36.02(C)(7), "Methods of Acquisition: Direct Acquisition Method, Utilization of Other
Governmental Entities' Contracts". Funding is available from 001-2115-521-34.90
(General Fund: Other Contractual Service/Other Contractual Service). (Motion to
approve;Approved,4-0)
E. BID AWARD/STROBES-R-US: Consider approval of a bid award to Strobes-R-Us
in the amount $139,722.25 for installation of Police lighting and equipment in fifteen
(15) Police vehicles and six (6) Police motorcycles utilizing the City of Sunrise Contract
No. 11(06)-01-01-01-19-W which is valid until April 11, 2015, meeting the requirements
of City Purchasing Ordinance No. 29-13, Section 36.02 (C)(7), "Utilization of Other
Governmental Entities' Contract". Funding is available from 501-3312-591-64.20
(Garage Fund: Machinery/Equipment/Automotive). (Motion to approve;Approved,4-0)
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F. EMPLOYMENT AGREEMENT/CITY ATTORNEY: Consider an Employment
Agreement between the City of Delray Beach and Mr. Noel Pfeffer. (Motion to approve;
Approved,4-0)
G. OFFER OF SETTLEMENT/THOMAS VOLPE VS. CITY OF DELRAY
BEACH: Consider an Offer of Settlement in the total amount of $30,000.00 in
Thomas Volpe vs City of Delray Beach. Staff recommends denial. (Motion to approve
Interim City Attorney's recommendation of denial;Approved,4-0)
H. NOMINATION FOR APPOINTMENT TO THE HISTORIC
PRESERVATION BOARD: Nominate one (1) regular member for appointment to
the Historic Preservation Board to serve an unexpired term ending August 31, 2015.
Based on the rotation system, the nomination for appointment will be made by Mayor
Glickstein (Seat #5). (Mayor Glickstein's appointment was deferred to the July 1, 2014
Regular Meeting)
I. NOMINATION FOR APPOINTMENT TO THE SITE PLAN REVIEW AND
APPEARANCE BOARD (SPRAB�: Nominate one (1) regular member to the Site
Plan Review and Appearance Board (SPRAB) to serve an unexpired term ending
August 31, 2016. Based on the rotation system, the nomination for appointment will be
made by Commissioner Jarjura (Seat#4). (Appointed Roger Cope and approved 4-0)
J. NOMINATION FOR APPOINTMENT TO THE COMMUNITY
REDEVELOPMENT AGENCY (CRA): Nominate one (1) regular member for
appointment to the Community Redevelopment Agency (CRA) to serve a four (4) year
term ending July 1, 2018. Based on the rotation system, the nomination for
appointment will be made by Mayor Glickstein (Seat #5). (Appointed Cathy Balestriere
and approved 4-0)
K. NOMINATION FOR APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD: Nominate one (1) regular member for
appointment to the Parking Management Advisory Board to serve an unexpired term
ending July 1, 2016. Based on the rotation system, the nomination for appointment will
be made by Commissioner Jarjura (Seat#4). (Appointed Fran Marincola and approved 4-0)
L. NOMINATION FOR APPOINTMENT TO THE POLICE AND FIRE
FIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Nominate one
(1) regular member for appointment to the Police and Fire Fighters Retirement System
Board of Trustees to serve a two (2) year term ending June 30, 2016. Based on the
rotation system, the nomination for appointment will be made by Commissioner
Frankel (Seat #3). (Appointed Adam Frankel and approved 3-1. Commissioner Petrolia
dissenting)
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10. PUBLIC HEARINGS:
A. ORDINANCE NO. 07-14 (SECOND READING/SECOND PUBLIC
HEARING): Consider a privately-initiated amendment to the Future Land Use
Element of the Comprehensive Plan, modifying the description of the General
Commercial (GC) Future Land Use designation, and Policy A-7.2 of the Future Land
Use Element, to allow an increase in density to a maximum of 24 units per acre, and
establish a maximum Floor Area Ratio (FAR) of 0.75 for lands zoned General
Commercial (GC) which are located within the Infill Workforce Housing Overlay
District. (Motion to approve Ordinance No. 07-14 to show an increase of up to 21 units per
acre;Approved, 4-1. Commissioner Jarjura dissenting. Second Motion to reconsider Ordinance
No. 07-14 to a date certain of July 1,2014 Regular Commission Meeting)
B. ORDINANCE NO. 08-14 (SECOND READING/SECOND PUBLIC
HEARING I. Consider privately-initiated amendments to the Land Development
Regulations (LDR) Sections 4.4.9, "General Commercial", Subsection 4.4.9 (C),
"Conditional Uses", to allow a density up to a maximum of twenty-four (24) units per
acre within the Infill Workforce Housing Area; creating Subsection 4.4.9(G)(5), "Infill
Workforce Housing Overlay District" to establish a maximum Floor Area Ratio (FAR)
of 0.75; amending Article 4.7, "Family/Workforce Housing", Section 4.7.1,
"Definitions", Subsection 4.7.1.1, "Infill Workforce Housing Area" and Section 4.7.4(8),
to specify the maximum allowable density of 24 units per acre within the General
Commercial zoning district. (Quasi-judicial Hearing) (Motion to defer to July 1, 2014
Regular Commission Meeting,Approved, 5-0)
C. ORDINANCE NO. 09-14 (FIRST READING/FIRST PUBLIC HEARING)
Consider a privately-initiated amendment to the Land Development Regulations (LDR)
to Section 4.4.24(B)(C)(F) "Old School Square Historic Arts District: Principal Uses and
Structures, Accessory Uses and Structures Permitted, Development Standards", to
include Lots 16-18, Block 69, Lots 11-12, the North half of Lot 13, and Lots 23-25
Block 70, Town of Delray, to the list of lots within the Old School Square Historic Arts
District (OSSHAD) zoning district that can be developed pursuant to the development
standards and uses of the CBD (Central Business District) zoning district. If passed, a
public hearing will be held on July 1, 2014. (Quasi-judicial Hearing) (Motion to
approve Ordinance No. 09-14; Approved, 3-2. Commissioner Petrolia and Mayor Glickstein
dissenting)
D. ORDINANCE NO. 01-14: Consider a privately-initiated Future Land Use Map
amendment for Seagate Country Club Villas which includes three undeveloped parcels
of land: Parcels 3 and 4 from OS (Open Space) to LD (Residential Low Density 0-5
units/acre) and Parcel 8, from LD (Residential Low Density 0-5 units/acre) to OS
(Open Space), located on the north side of Greensward Lane, east of Hamlet Drive
within the Seagate Country Club the Hamlet. (Motion to approve Ordinance No. 01-14;
Approved,5-0)
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E. ORDINANCE NO. 12-14: Consider a privately-initiated request for rezoning Seagate
Country Club Villas which includes three undeveloped parcels of land: Parcels 3 and 4
from OSR (Open Space & Recreation) to R-1-A (Single Family Residential) and Parcel 8
from R-1-A (Single Family Residential) to OSR (Open Space & Recreation), all located
on the north side of Greensward Lane, east of Hamlet Drive within the Seagate Country
Club the Hamlet. (Quasi-judicial Hearing) (Motion to approve Ordinance No. 12-14;
Approved,5-0)
F. ORDINANCE NO. 17-14: Consider a Charter revisions by amending Section 4.02,
"Appointment; Removal; Compensation"; to provide clarification regarding Subsection
4.02(B), "Removal"; providing for a referendum on August 26, 2014. (Motion to approve
Ordinance No. 17-14; Approved, 3-2. Commissioner Jacquet and Commissioner Frankel
dissenting)
G. ORDINANCE NO. 18-14: Consider an amendment to Chapter 110, "Local Business
Taxes Generally", of the Code of Ordinances by amending Section 110.15, "Local
Business Tax Schedule", to eliminate outdated business classifications and to provide
for an increase in the local business tax schedule. (Motion to approve Ordinance No. 18-14;
Approved,4-1. Commissioner Jacquet dissenting)
H. ORDINANCE NO. 20-14: Consider an amendment to Chapter 117, "Landlord
Permits", of the Code of Ordinances, by amending Section 117.02, "Permit Fees", to
provide for an increase in the landlord permit fee. (Motion to approve Ordinance No. 20-
14;Approved,4-1. Commissioner Jacquet dissenting)
11. FIRST READINGS:
A. ORDINANCE NO. 29-14: Consider an amendment to Chapter 91, "Animals", by
enacting a new Section 91.18, "Retail Sale of Dogs and Cats", to provide for regulations
regarding dog and cat sales; and amending Chapter 37, "Code Enforcement", Section
37.45, "Supplemental Code Enforcement Procedures", Subsection (Q), "Civil Penalties"
to provide penalties. If passed, a public hearing will be held on July 1, 2014. (Motion to
approve Ordinance No. 29-14;Approved,4-1. Commissioner Frankel dissenting)
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JUNE 13, 2014
"""Meeting adjourned at 11.•47p.m.
06/17/2014
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