01-06-15 Agenda Results Regular Meeting City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, January 6,2015
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.
C. Citizens that request to do a presentation that is on a portable flash drive device or a CD/DVD, must
provide their media to the City Clerk no later than 12:00 p.m. one day prior to the meeting where they wish
to present.
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. (Commissioner Jacquet was absent.)
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 that Item 8.B., Resolution No. 01-15,was moved
to the Regular Agenda as Item 9.A.A.Approved as amended,4-0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 4-0)
A. FINAL SUBDIVISION PLAT/SEAGATE COUNTRY CLUB AT THE
HAMLET: Approve a final subdivision plat for the Hamlet at Delray, for the creation
of five (5) single family lots within Seagate Country Club at the Hamlet.
B. (MOVED TO REGULAR AGENDA AS ITEM 9.A.A.)
C. LANDSCAPE MAINTENANCE AGREEMENT/SOFA DISTRICT LOFTS:
Approve a Landscape Maintenance Agreement with SW Delray One LLC., to install
landscaping material in the right-of-way of S.E. 1"Avenue.
D. LANDSCAPE MAINTENANCE AGREEMENT/SOFA DISTRICT
OFFICES: Approve a Landscape a Maintenance Agreement with J &M Holdings and
Investments, Inc., to install landscaping material in the right-of-way of S.E. 1" Avenue
and S.E. 1" Street.
E. LANDSCAPE MAINTENANCE AGREEMENT/FAIRFIELD INN AND
SUITES: Approve a Landscape Maintenance Agreement with Prime Delray Hotel,
LLC., to install landscaping material in a portion of the right-of-way of Atlantic Avenue
located on the south side of Atlantic Avenue, between S.W. 91h Avenue and S.W. 10`''
Avenue.
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F. REVOCABLE LICENSE AGREEMENT/FAITH-HOPE-LOVE-CHARITY,
INC.: Approve a Revocable License Agreement with Faith-Hope-Love-Charity, Inc. to
utilize the space and provide services from the Neighborhood Resource Center (NRC)
to provide veterans and active duty service members with supportive and mental health
services, financial assistance,housing and community outreach.
G. REVOCABLE LICENSE AGREEMENT/LEGAL AID SOCIETY OF PALM
BEACH COUNTY: Approve a Revocable License Agreement with Legal Aid Society
of Palm Beach County to utilize space and provide legal services from the
Neighborhood Resource Center (NRC).
H. REVOCABLE LICENSE AGREEMENT/URBAN LEAGUE OF PALM
BEACH COUNTY: Approve a Revocable License Agreement with Urban League of
Palm Beach County to utilize space and provide mortgage and foreclosure services at
the Neighborhood Resource Center (NRC).
I. RESOLUTION NO. 02-15: Motion to adopt Resolution No. 02-15; approving the
termination of employment of Dennis L. Coates, former Executive Director of the
South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) in
order to satisfy the requirements of the Interlocal Agreement regarding the discharge of
the Executive Director.
J. MEMORANDUM OF AGREEMENT/FLORIDA DEPARTMENT OF
MANAGEMENT SERVICES, BUREAU OF FEDERAL PROPERTY
ASSISTANCE: Approve the Memorandum of Agreement for the Florida Bureau of
Federal Property Assistance and the State Plan of Operations for excess Department of
Defense properties.
K. PROCLAMATIONS:
1. Martin Luther King,Jr. Day—January 19,2015
L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
December 1,2014 through December 26,2014.
M. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Line-Tec, Inc. in an amount not to exceed $158,183.25 for
services relating to connecting customers to the recently completed Area 12A-
Phase 2 Reclaimed Water System via the City of Boynton Beach contract Bid
#050-28121-13/JMA. This is in compliance with Chapter 36, Section 36.02
(C)(7)(c), "Utilization of Other Governmental Entities' Contract". Funding is
available from 441-5161-536-49.23 (Water and Sewer Fund: Other Current
Charges/OB/Reclaim Water Distribution System).
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2. Contract award to Utility Services Associates, LLC in an annual amount not to
exceed $65,000.00 via the City of North Miami Beach, for services related to
water line leak detection. This is in compliance with Chapter 36, Section 36.02
(C)(7)(c), "Utilization of Other Governmental Entities' Contracts". Funding is
available from 441-5123-536-34.90 (Water and Sewer Fund: Other Contractual
Services).
9. REGULAR AGENDA:
A.A. RESOLUTION NO. 01-15: Approve Resolution No. 01-15; vacating and
abandoning a utility easement located on the north side of S.W. 2nd Street, between
S.W. 1"Avenue and S.W. 2nd Avenue. (Motion to approve;Approved,4-0)
A. WAIVER REQUESTS/THE DEL: Consider approval of waiver requests to Land
Development Regulations (LDR) Section 4.6.9(D)(3)(c)(1), "Stacking Distance", to
reduce the required stacking distance from 5' to 4' 2" along Artists Alley and to Land
Development Regulations (LDR) Section 6.1.4(C)(3)(b)(1), "Driveway Locations", to
reduce the required 25'between the driveway and the extension of the ultimate right-of-
way line at the intersection of the northernmost driveway along the alley and N.E. 4d'
Street to a distance of 23' for The Del located at 381 N.E. 3rd Avenue. (Quasi-judicial
Hearing(Motion to approve;Approved 4-0)
B. ACCEPTANCE OF A SIDEWALK DEFERRAL AND EASEMENT DEED
AGREEMENT/1009 ISLAND DRIVE: Consider a sidewalk deferral and easement
deed agreement for the property located at 1009 Island Drive in the North Beach
Overlay District. (Quasi-judicial Hearing)(Motion to adopt board order;Approved,4-0)
C. RESOLUTION NO. 03-15: Consider approval of Resolution No. 03-15; recognizing
that the City of Delray Beach is considering amendments to the Land Development
Regulations (LDR) for the Central Business District (CBD) areas; extending the zoning
in progress period previously established by the City Commission. (Motion to approve;
Approved,4-0)
D. NOMINATIONS FOR APPOINTMENT TO THE CODE ENFORCEMENT
BOARD: Nominations for appointment of three (3) regular members to the Code
Enforcement Board to serve three (3) year terms ending January 14, 2018. Based on the
rotation system, the nominations for appointment will be made by Commissioner
Frankel (Seat #3), Commissioner Jarjura (Seat #4) and Mayor Glickstein (Seat #5).
(Appointed Alan Siegel and approved 4-0. Mayor Glickstein and Commissioner Frankel's
appointments were deferred to the January 20,2015 Regular Meeting)
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10. PUBLIC HEARINGS:
A. ORDINANCE NO. 32-14 (SECOND READING) Consider adopting a small-
scale future land use map amendment from GC (General Commercial) to LD (Low
Density Residential 0-5 du/ac),pursuant to the provisions of the "Community Planning
Act", Florida Statutes Section 163.3187, for a parcel of land located on the south side of
S.E. 4`'' Street, 87.60 feet east of S.E. 6`''Avenue, as more particularly described herein,
and rezoning and placing said land presently zoned GC (General Commercial) District
to R-1-AA (Single Family Residential) District; amending "Zoning Map of Delray
Beach, Florida,January 2012". (Motion to approve;Approved,4-0)
B. ORDINANCE NO. 36-14 (SECOND READING) Consider a privately initiated
rezoning from AC (Automotive Commercial) to GC (General Commercial) for ZNT
Delray located on the west side of S.E. 5`'' Avenue between S.E. 6`'' Street and S.E. 7`''
Avenue. (Motion to approve;Approved,4-0)
11. FIRST READINGS:
A. ORDINANCE NO. 01-15: Consider an amendment to Chapter 132, "Offenses
Against Public Peace and Safety", of the Code of Ordinances by creating Section
132.11, "Electronic Cigarettes (F--cigarettes)", limiting the locations where e-cigarettes
can be used;providing findings in support of the adoption of the ordinance. If passed, a
public hearing will be held on January 20, 2015. (Motion to approve;Approved,4-0)
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: DECEMBER 31, 2014
***Meeting adjourned at 8.•12 p.m.
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