07-01-14 Agenda Results Regular Meeting City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, July 1, 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 12:03 a.m.)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. None
5. PRESENTATIONS:
A. RESOLUTION NO. 30-14: Approve Resolution No. 30-14 recognizing and
commending Jasmin Allen for 30 years of dedicated service to the City of Delray Beach.
(Approved, 5-0)
B. Update on the Legislative Session—Senator Maria Sachs
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.A., Resolution No. 25-14,and Item 8.A.L,
Acceptance of Water Easement Deed/S.W. 71h Street,was moved to the Regular Agenda as Item 9.A.A.
and Item 9.A.A.1.; Item 8.D., Amendment No. 1 to the Agreement for State Professional Lobbying
Services/Ballard Partners,was moved to the Regular Agenda as Item 9.B.B.;Item 8.E.,Amendment No.
2 to the Agreement for Professional Lobbying Services/Becker & Poliakoff,was moved to the Regular
Agenda as Item 9.C.C.; Staff requested that Item 10.D., Ordinance No. 29-14 (SECOND READING),
be postponed. Approved as amended, 5-0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended,5-0)
A. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA)
1. (MOVED TO ITEM 9.A.A.1. ON THE REGULAR AGENDA)
B. INCREASE SPENDING CAP/RECHTIEN INTERNATIONAL TRUCKS:
Approval to increase the spending cap for Rechtien International Trucks to $80,000.00
for the purchase of parts and repairs for the City's Fire Rescue Ambulance vehicles, as a
sole source vendor. This purchase award is in compliance with Code of Ordinances,
Chapter 36, Section 36.02 (C)(6)(a) and (b), "Sole Source and City Standard". Funding is
available from 501-3311-591-52.50 (Garage Fund: Operating Supplies/External
Supplies) and 501-3311-591-52.52 (Garage Fund: Operating Supplies/C.G. — Outside
Service).
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C. RESOLUTION NO. 32-14/NAMING OF PUBLIC FACILITY REVEREND
J.W.H. THOMAS,JR. PARK: Approve Resolution No. 32-14; recognizing Reverend
J.W.H. Thomas, Jr., by naming the S.W. 91h Avenue and S.W. 1s` Street pocket park in
Delray Beach, Florida, the "Reverend J.W.H. Thomas,Jr." Park.
D. (MOVED TO ITEM 9.B.B. ON THE REGULAR AGENDA)
E. (MOVED TO ITEM 9.C.C. ON THE REGULAR AGENDA)
F. PROCLAMATIONS:
1. Olympics Day—June 23, 2014
2. Park& Recreation Month—July 2014
3. Discrimination Free Zone
G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
June 16, 2014 through June 27, 2014.
H. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Layne In-liner in the amount of $24,740.00 to rehabilitate
deteriorating storm drainage pipes for the properties located at 939 Evergreen
Drive and 1036 Seasage Drive. This award is in compliance with Code of
Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor
Exceeding $25,000 in Any Fiscal Year". Funding is available from 448-5461-
538-46.90 (Storm Water Utility Fund: Repair & Maintenance Service/Other
Repair/Maintenance Cost).
2. Contract award to Sullivan Electric and Pump, Inc., in an amount not to exceed
$90,000.00 for repair and rehabilitation of submersible wastewater pumps
and/or irrigation pumps. This award is in compliance with Code of Ordinances,
Chapter 36, Section 36.03 (B) "Multiple Acquisitions from a Vendor Exceeding
$25,000.00 in Any Fiscal Year". Funding is available from 441-5144-536-46.20
(Water and Sewer Fund: Repair and Maintenance Service/Equipment
Maintenance).
3. Purchase award to Southeastern Pump Corporation in an annual amount not to
exceed $83,000.00 for the purchase and supply of submersible wastewater
pumps for Wastewater Lift Stations. This award is in compliance with Code of
Ordinances, Chapter 36, Section 36.03 (B), "Multiple Acquisitions from a
Vendor Exceeding$25,000.00 in Any Fiscal Year". In addition, request approval
of purchases and supplies of submersible wastewater pumps through
Southeastern Pump Corporation as "Sole Source" and "City Standard", in
compliance with Code of Ordinances, Chapter 36, Section 36.02 (C)(6)(a) and
(b), "Sole Source and City Standard". Funding is available from 441-5144-536-
46.20 (Water and Sewer Fund: Repair and Maintenance Service/Equipment
Maintenance).
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9. REGULAR AGENDA:
A.A. 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. (Motion to delay decision;
Approved,3-2. Commissioner Jacquet and Commissioner Frankel dissenting)
A.A.I. ACCEPTANCE OF A WATER EASEMENT DEED/S.W. 7 T
STREET: Approve acceptance of 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. 7ffi Street. (NO ACTION)
B.B. AMENDMENT NO. 1 TO THE AGREEMENT FOR STATE
PROFESSIONAL LOBBYING SERVICES/BALLARD PARTNERS: Approve
Amendment No. 1 to the Agreement for State Professional Lobbying Services with
Ballard Partners to renew the term of the contract for one (1) year. This renewal is in
compliance with Code of Ordinances, Chapter 36, Section 36.07(A)(3), "Renewals".
(Motion to approve;Approved,4-0)
C.C. AMENDMENT NO. 2 TO THE AGREEMENT FOR PROFESSIONAL
LOBBYING SERVICES/BECKER & POLIAKOFF: Approve Amendment No. 2
to the Agreement for Federal Professional Lobbying Services with Becker & Poliakoff
to renew the term of the contract for one (1) year. This renewal is in compliance with
Code of Ordinances, Chapter 36, Section 36.07(A)(3), "Renewals". Funding is available
from 001-1111-511-34.90 (General Fund: Operating Expenses-Miscellaneous/Other
Contractual Services). (Motion to approve;Approved,5-0)
A. WAIVER REQUEST/701 NORTH OCEAN BOULEVARD: Consider approval
of a waiver request to Land Development Regulations (LDR) Section 4.6.5 (C), "Height
Restrictions", to allow the increased wall height from 6' to 7' in the required front yard
setback areas for a single family residence located at 701 North Ocean Boulevard.
(Quasi-judicial Hearing)(Motion to adopt the board order as presented;Approved,4-0)
B. AMENDMENT NO. 2 TO THE WORKFORCE HOUSING
COVENANT/CITY OF DELRAY BEACH AND SP5 WOOD MIDTOWN
DELRAY, LLC.: Consider Amendment No. 2 to the Workforce Housing Covenant,
as proposed between the City of Delray Beach and SP5 Wood Midtown Delray, LLC.
(Motion to deny Amendment No. 2 to the Workforce Housing Convenant;Approved,4-0)
C. AMENDMENT NO. 3 TO THE WORKFORCE HOUSING
COVENANT/CITY OF DELRAY BEACH AND ALTA CONGRESS,
OWNER LLC.: Consider Amendment No. 3 to the Workforce Housing Covenant, as
proposed between the City of Delray Beach and Alta Congress, Owner LLC. (Motion to
deny Amendment No. 3 to the Workforce Housing Convenant;Approved,4-0)
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D. DISCUSSION OF PROPOSED TRAFFIC PATTERN MODIFICATION/
SOFA BUILDING #1/ SOFA BUILDING #2: Provide direction regarding
proposed traffic pattern modification for SOFA Building #1 and SOFA Building #2.
(Motion to approve;Approved,4-0)
E. SETTLEMENT OFFER BY LOUIE CHAPMAN, JR.. Consider approval of a
proposed settlement offer by Mr. Louie Chapman,Jr., to settle his employment claims.
(Motion to extend the counter-offer as suggested by Commissioner Jarjura; Approved, 4-1.
Commissioner Petrolia dissenting)
F. APPOINTMENT OF AN ACTING CITY ATTORNEY: Appoint an Acting City
Attorney upon the resignation of Ms. Terrill Pyburn. (Motion to appoint Janice Rustin;
Approved,4-0)
G. 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). (Appointed Andrea Sherman and approved 4-0)
H. NOMINATION FOR APPOINTMENT TO THE DOWNTOWN
DEVELOPMENT AUTHORITY (DDA Nominate one (1) regular member for
appointment to the Downtown Development Authority (DDA) to serve a three (3) year
term ending July 1, 2017. Based on the rotation system, the nomination for
appointment will be made by Mayor Glickstein (Seat #5). (Appointed Albert Richwagen
and approved 4-0)
I. NOMINATIONS FOR APPOINTMENT TO THE CIVIL SERVICE BOARD:
Nominate two (2) regular members and one (1) alternate member for appointment to
the Civil Service Board to serve two (2) year terms ending July 1, 2016. Based on the
rotation system, the nominations for appointment will be made by Commissioner
Petrolia (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat
#3). (Appointed Carol Clark and approved 4-0. Commissioner Petrolia and Commissioner
Jacquet's appointment was deferred to the July 15,2014 Regular Meeting)
J. NOMINATIONS FOR APPOINTMENT TO THE PUBLIC ART ADVISORY
BOARD: Nominate three (3) regular members to serve two (2) year terms ending July
31, 2016 and one (1) regular member to serve an unexpired term ending July 31, 2015 to
the Public Art Advisory Board. Based on the rotation system, the nominations for
appointment will be made by Mayor Glickstein (Seat #5), Commissioner Petrolia (Seat
#1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). (Appointed
Sharon Koskoff and approved 4-0; Appointed Carolyn Pendleton-Parker and approved 4-0;
Appointed Kevin Rouse and approved 4-0. Commissioner Jacquet's appointment was deferred
to the July 15,2014 Regular Meeting)
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K. NOMINATIONS FOR APPOINTMENT TO THE EDUCATION BOARD
BOARD: Nominate two (2) regular members to serve two year terms ending July 31,
2016 and one (1) regular member to serve an unexpired term ending July 31, 2016 to the
Education Board. Based on the rotation system, the nominations for appointment will
be made by Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2) and
Commissioner Frankel (Seat #3). (Appointed Angela Burns and approved 4-0; Appointed
Lisa Paola and approved 4-0)
L. NOMINATION FOR APPOINTMENT TO THE DELRAY BEACH
HOUSING AUTHORITY: Nominate three (3) regular members for appointment to
the Delray Beach Housing Authority to serve four (4) year terms ending July 1, 2018.
Based on the rotation system, the nominations for appointment will be made by Mayor
Glickstein (Seat #5), Commissioner Petrolia (Seat #1) and Commissioner Jacquet (Seat
#2). (Appointed Choli Aronson and approved 4-0;Appointed Marcia Beam and approved 4-0)
10. NOMINATION FOR APPOINTMENT OF A CHAIRPERSON AND VICE
CHAIRPERSON TO THE COMMUNITY REDEVELOPMENT AGENCY (CRAB
BOARD: Recommend appointment of a Chairperson and Vice Chairperson to the Community
Redevelopment Agency (CRA) Board. (Appointed Herman Stevens as Chair and approved 4-0;
Appointed Annette Gray as Vice Chair and approved 4-0)
11. PUBLIC HEARINGS:
A. ORDINANCE NO. 07-14 (SECOND READING/SECOND PUBLIC
HEARING I. 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 increase in density to allow a maximum of twenty-two <22> units
per acre and establish a maximum Floor Area Ratio (FAR) of 0.75 for lands zoned General
Commercial (GC) which are located in the Infill Workforce Housing Overlay Districts for
Ordinance No. 07-14;Approved,4-1. Commissioner Petrolia dissenting)
B. ORDINANCE NO. 08-14 (SECOND READING/SECOND PUBLIC
HEARING): 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 approve with
amendment of maximum allowable density of 22 units per acre;Approved, 4-1. Commissioner
Petrolia dissenting)
C. ORDINANCE NO. 09-14 (SECOND READING/SECOND PUBLIC
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HEARING) Consider a privately-initiated amendment to the Land Development
Regulations (LDR) 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 Central Business District (CBD) zoning district.
(Quasi Judicial Hearing) (Motion to approve Ordinance No. 09-14 as amended;
Approved,3-2.Mayor Glickstein and Commissioner Petrolia dissenting)
D. ORDINANCE NO. 29-14 (SECOND READINGS 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. (POSTPONED)
E. RESOLUTION NO. 31-14: QUIT CLAIM DEED WITH THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) Consider approval of Resolution No. 31-
14; authorizing 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. 4`h 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. (Motion to approve;Approved, 5-0)
(Motion to continue meeting past 11:00 p.m.;Approved,4-1. Commissioner Jacquet dissenting)
F. AMENDMENT TO THE DEVELOPMENT AGREEMENT AND
PURCHASE AND SALE AGREEMENT/CANNERY ROW, LLC: Consider
approval of an Amendment to the Development Agreement and Purchase and Sale
Agreement with Cannery Row, LLC.,which provides that instead of the City having the
option to purchase a shell of a building on Lot 12 of the Cannery Row Plat for
$530,000.00, the developer will give the City the property labeled Proposed Tract "O"
on the plat for park purposes. (Mayor Glickstein recused himself and passed the gavel to
Vice-Mayor Petrolia. Motion to TABLE;Approved,4-0)
11. FIRST READINGS:
A. None
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JUNE 27, 2014
*****Meeting adjourned at 12.•42 a.m.
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