07-14-15 Agenda Results Regular Meeting
City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, July 14, 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
Generally, remarks by an individual will be limited to three minutes or less
with the Commission. . 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 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 lectern 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.mydelraybeach.com
1.ROLL CALL.
2.PLEDGE OF ALLEGIANCE TO THE FLAG.
3.APPROVAL OF MINUTES: None
4.PRESENTATIONS:
RESOLUTION NO. 40-15: Motion to Approve Resolution No. 40-15 recognizing and
A.
commending Jeffrey Messer for 30 years of dedicated service to the City of Delray Beach.
B.Congress Avenue Task Force Status Update
5.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
6.AGENDA APPROVAL.
(Mayor Glickstein noted that Item 7.C., Acceptance of a Right-Of-Way
Deed for N.E. 8th Avenue., was removed from the agenda; Approved as amended, 5-0)
7.CONSENT AGENDA: City Manager Recommends Approval.
(Approved as amended, 5-0)
A.FINAL SUBDIVISION PLAT/DELRAY PRESERVE: Motion to approve the
Final Plat for Delray Preserve Replat, by adopting the findings of fact and law contained
in the staff report, and finding that the request is consistent with the Comprehensive
Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3
(Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for
Land Use and Land Development Applications) of the Land Development Regulations.
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B.LIMITED ACCESS EASEMENT/200 N.E. 5COURT: Motion to Approve a
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Limited Access Easement for the property located at 200 N.E. 5 Court, to restrict
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vehicular access onto the property from N.E. 2 Avenue, subject to approval of a
variance by the Historic Preservation Board for the resulting front setback non-
conformity prior to recordation.
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C.ACCEPTANCE OF A RIGHT-OF-WAY DEED FOR N.E. 8 AVENUE:
Motion to Approve a right-of-way deed with MJH Villa, LLC for acceptance of a 25Ô
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dedication of the 1200 block of N.E. 8Avenue
. (REMOVED)
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D.CHANGE ORDER NO. 1/JOHNSON-DAVIS, INC./DOVER LOWSON
CULVERT REHABILITATION: Motion to Approve Change Order No. 1 in the
amount of $14,757.00 and a 60-day contract extension to Johnson-Davis, Inc. for
additional work due to unforeseen site conditions for the Dover/Lowson Culvert
Replacement Project No. 14-100, Bid No. 2015-23. This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section 36.06(A)(1), ÑBeyond the
Scope of WorkÒ, and Section 36.06(A)(3), ÑExtension of Completion DatesÒ. Funding
is available from 448-5461-538-69.30 (Storm Water Utility Fund: Flood Control/Other
Improvements/Dover Lowson Culvert Replacement).
E.SERVICE AUTHORIZATION NO. 12-08/ WANTMAN GROUP,
INC./BLOCK 63 ALLEY: Motion to Approve Service Authorization No. 12-08 with
Wantman Group, Inc. in the amount of $34,637.00 for professional design services
related to the Block 63 Alley, Project No. 15-001. This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(3),
ÑProfessional ServicesÒ. Funding is available from 334-3162-541-68.98 (General
Construction Fund: Streets, Alleys, Sidewalks/Transportation/Road and Street
Facilities/Other Improvements/Alley Improvements).
F.AMENDMENT NO. 3 TO THE INTERLOCAL AGREEMENT BETWEEN
THE CITY OF DELRAY BEACH AND THE SCHOOL BOARD OF PALM
BEACH COUNTY: Motion to Approve Amendment No. 3 to the Interlocal
Agreement between the City of Delray Beach and the School Board of Palm Beach
County to share data with the Naoma Donnelly Haggin Boys and Girls Club and to
exercise the CityÔs right to extend the term of the Agreement for one year until July 30,
.
2016
G.PROCLAMATIONS:
1.None
H.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Motion to Accept the actions and decisions made by the Land Development Boards for
the period June 22, 2015 through June 26, 2015.
I.AWARD OF BIDS AND CONTRACTS:
1.None
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8.REGULAR AGENDA:
A.REQUEST FOR SIDEWALK RELIEF IN THE FORM OF A WAIVER/233
VENETIAN DRIVE: Consider a request for sidewalk relief in the form of a waiver
for the property located at 233 Venetian Drive within the Nassau Park Historic District
to eliminate the requirement for a 5Ô sidewalk along Nassau Street.(
) (Motion to approve was conditioned upon the Commission consensus that staff will
review the legality of the current language relative to this application; if it is determined that the
ambiguity is such that it is not enforceable pursuant to the Board Order, the money will be
refunded. This also includes a stipulation that there will be no delay in the issuance of building
permits during the pendency of the legal review by the City Attorney; Approved, 5-0)
ST
B.IN-LIEU OF PARKING FEE AGREEMENT/120 N.E. 1AVENUE: Consider
approval of a request for the purchase of one (1) in-lieu parking space located at 120
st
N.E. 1 Avenue associated with a Class IV site plan submission to accommodate the
construction of a 2,193 square foot office building.
(Deputy
Vice-Mayor Jacquet left the dais. Motion to approve; Approved, 4-0)
C.RESOLUTION NO. 36-15/BEST INTEREST RESOLUTION - CLASSIC
AUTO COLLISION CORPORATION: Motion to Approve Resolution No. 36-15
approving acquisitions with Classic Auto Collision Corporation in an amount not to
exceed $30,000.00 for FY 2015 for accident/collision repairs to City vehicles; declaring
by a four-fifths affirmative vote that the acquisitions from Classic Auto Collision
Corporation of Delray Beach is in the Best Interest of the City; until such time that an
RFQ is issued by the Purchasing Department for services related to collision repairs to
City vehicles. This recommendation is in compliance with the Code of Ordinances,
Chapter 36, Section 36.03(B), ÑMultiple Acquisitions from Vendor Exceeding
$25,000.00 in Any Fiscal YearÒ, and Section 36.02(C)(11), ÑBest Interest AcquisitionsÒ.
Funding is available from 501-3311-591-52.52 (Garage Fund: Intra-governmental
Services/Operating Supplies/City Garage - Outside Services
). (Deputy Vice-Mayor
Jacquet returned to the dais. Motion to approve; Approved, 5-0)
D.SERVICE AUTHORIZATION NO. 12-16/KIMLEY-HORN AND
ASSOCIATES, INC./NORTH DIXIE HIGHWAY PROJECT: Motion to
Approve Service Authorization No. 12-16 with Kimley-Horn and Associates, Inc. in the
amount of $69,624.00 for professional design services related to the North Dixie
Highway Project (Project No. 15-005). This recommendation is in compliance with the
Code of Ordinances, Chapter 36, Section 36.02(C)(3), ÑProfessional ServicesÒ. Funding
is available from 334-3162-541-69.26 (General Construction Fund: Transportation/
Road and Street Facilities/Other Improvements/North Dixie Highway).
(Motion to
deny; Approved, 5-0. Service Authorization No. 12-16 was denied.)
E.PROVIDE DIRECTION FOR 100 FOOT CHRISTMAS TREE: Staff is
requesting the CommissionÔs direction from one of three options with respect to the
CityÔs 100 foot Christmas tree which include rehabilitating the City owned tree,
purchasing a new aluminum tree or renting a tree.
(It was the consensus of the City
Commission to continue repairing the tree with direction to staff to look at cost of building a
prefabricated storage on city owned land.)
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F.RESOLUTION NO. 41-15 Ï BEST INTEREST RESOLUTION/HOUSING
REHABILITATION PROJECTS: Motion to Approve Resolution No. 41-15, for
Housing Rehabilitation Construction at 134 S.W. 5th Avenue, 618 S.W. 9th Court, 640
S.W. 6th Avenue, 39 N.W. 11th Avenue, 221 S.W. 15th Avenue and 508 S.W. 6th
Avenue utilizing Community Development Block Grant and State Housing Initiative
Partnership Funding for the Community Improvement Department from CJ
Contracting LLC, South Florida Construction Services and Cordoba Construction Co.,
declaring by a four-fifths affirmative vote that the CityÔs Sealed Competitive Method is
not in the Best Interest of the City. This recommendation is in compliance with the
Code of Ordinances, Chapter 36, Section 36.03(B), ÑMultiple Acquisitions from Vendor
Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal YearÒ and Section
36.02(C)(11), ÑBest Interest AcquisitionsÒ.
(Motion to approve; Approved, 5-0)
G.EMPLOYER MUTUAL, INC./RATIFICATION OF DECISION FROM CITY
MANAGER FOR EMERGENCY PURCHASE OF LIABILITY INSURANCE:
Motion to ratify the City ManagerÔs decision for emergency acquisition of Liability
Insurance Coverage for the Skatepark, Railroad Crossings and WomenÔs Club from
EmployerÔs Mutual Inc., declaring by a four-fifths affirmative vote that the CityÔs Sealed
Competitive Method is not in the Best Interest of the City. This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(5), ÑEmergency
AcquisitionsÒ, and Section 36.03(B), ÑMultiple Acquisitions From Vendor Exceeding
Twenty-Five Thousand Dollars($25,000.00) in Any Fiscal YearÒ. Funding is available
from 551-1575-591-45.90 (Insurance Fund: Business Insurance/Intra-governmental
Services/Insurance/Other Insurance Costs).
(Motion to approve; Approved, 5-0)
H.AMENDMENT NO. 1 TO TRIPARTY INTERLOCAL AGREEMENT
REGARDING THE OLD LIBRARY SITE AND CHAMBER OF
COMMERCE RELOCATION: Motion to approve Amendment No. 1 to the
Triparty Interlocal Agreement between the City, the Community Redevelopment
Agency (CRA) and the Greater Delray Beach Chamber of Commerce relative to the
Old Library Site and Chamber of Commerce relocation.
(Motion to TABLE to the
August 11, 2015 Regular Meeting; Approved, 4-0, Commissioner Jarjura dissenting.)
I.DESIGNATION OF VOTING DELEGATE: Designate the City's voting delegate
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to the Florida League of CitiesÔ 89 Annual Conference to be held at World Center
Marriott in Orlando, Florida on August 13-15, 2015
(Motion to designate Commissioner
.
Katz as the voting delegate; Approved, 5-0.)
J.DISCUSS THE NOMINATION OF AN ELECTED OFFICIAL FOR THE
ÑE. HARRIS DREWÒ AWARD: Discuss the nomination of an elected official for the
"E. Harris Drew" Municipal Official Lifetime Achievement Award.
(Commission is not
interested at this time.)
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K.FISCAL YEAR (FY) 2016 PROPOSED MILLAGE LEVY RATE: Motion to
consider Staff recommendation to set an operating millage rate of 7.1611 for FY 2016
for a total millage rate of 7.4367 including the debt service millage rate of 0.3028.
(Motion to set proposed Millage Rate at 7.1611 for FY 2016; Approved, 5-0)
(Commissioner Katz made a motion to continue the meeting past 11:00 p.m., seconded by
Commissioner Jarjura; Approved, 3-2, Vice Mayor Petrolia and Deputy Vice-Mayor Jacquet
dissenting.)
L.PROPOSED MILLAGE LEVY RATE/DOWNTOWN DEVELOPMENT
AUTHORITY (DDA): Motion to consider a proposed maximum millage rate of
1.0000 for FY 2016. The Downtown Development AuthorityÔs current year millage
rate is 1.0000. The DDA Board voted on their proposed budget on July 13, 2015.
(Motion to approve; Approved, 5-0)
M.NOMINATION FOR APPOINTMENT OF CHAIRPERSON AND VICE-
CHAIRPERSON FOR THE COMMUNITY REDEVELOPMENT AGENCY
(CRA) BOARD: Consider appointment of a Chairperson and Vice-Chairperson for
the Community Redevelopment Agency (CRA) Board
. (Appointed Reginald Cox as Chair
and approved 5-0; Appointed Cathy Balestriere as Vice Chair and approved 5-0.)
N.NOMINATIONS FOR APPOINTMENT TO THE EDUCATION BOARD:
Nominations for appointment of five (5) regular members to serve on the
Education Board to serve a three-year term ending July 1, 2018. Based on the
rotation system, the nominations for appointment will be made by Deputy Vice Mayor
Jacquet (Seat #2), Commissioner Katz (Seat #3), Commissioner Jarjura (Seat #4),
Mayor Glickstein (Seat #5) and Vice Mayor Petrolia (Seat #1
). (Appointed Catherine
DeMatto and approved 5-0; Appointed Nikkie Duggan and approved 5-0; Appointed Daryl
Pauling and approved 5-0; Appointed Drew Tucker and approved 5-0; Appointed Marjorie
Waldo and approved 5-0; Appointed Joyce Warner and approved 5-0; Appointed Bryan Weber
and approved 5-0)
O.NOMINATION FOR APPOINTMENT TO THE KIDS AND COPS
COMMITTEE: Nomination for appointment of one (1) regular member to serve on
the Kids and Cops Committee for a two-year term ending July 31, 2017. Based on the
rotation system, the nomination for appointment will be made by Commissioner
Jarjura (Seat #4).
(Appointed Phyllis Willingham and approved 5-0)
P.NOMINATION FOR APPOINTMENT TO THE GREEN
IMPLEMENTATION ADVANCEMENT BOARD: Nomination for
appointment of one (1) regular member to serve on the Green Implementation
Advancement Board for one (1) three-year term ending July 31, 2018. Based on the
rotation system, the nomination for appointment will be made by Vice-Mayor Petrolia
(Seat #1).
(Appointed Anne Kingsbury and approved 5-0. Vice Mayor PetroliaÔs appointment
was deferred to the August 11, 2015 Regular Meeting)
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Q.NOMINATION FOR APPOINTMENT TO THE PUBLIC ART ADVISORY
BOARD: Nomination for appointment of one (1) regular member to serve on the
Public Art Advisory Board for one (1) three-year term ending July 31, 2018. Based on
the rotation system, the nominations for appointment will be made by Vice-Mayor
Petrolia (Seat #1).
Appointed Diane Carter and approved 5-0.)
(
R.NOMINATIONS FOR APPOINTMENT TO THE POLICE ADVISORY
BOARD: Nominations for appointment of six (6) regular members to serve on
the Police Advisory Board to serve a two-year term ending July 1, 2017. Based on
the rotation system, the nomination for appointment will be made by Commissioner
Katz (Seat #3), Commissioner Jarjura (Seat #4), Mayor Glickstein (Seat #5), Vice
Mayor Petrolia (Seat #1), Deputy Vice Mayor Jacquet (Seat #2) and Commissioner
Katz (Seat #3).
(Appointed Michael Caruso and approved 5-0; Appointed Jack Chadam and
approved 5-0; Appointed Michael Costin and approved 5-0; Appointed John Jackson and approved 5-0;
Appointed Jackie Jones and approved 5-0; Appointed Ashley Ridley and approved 5-0; Appointed
Patricia Westall and approved 5-0.)
9.PUBLIC HEARINGS:
A.RESOLUTION NO. 34-15: Motion to Approve Resolution No. 34-15 establishing a
budget for the Stormwater Utility System, establishing the rates for FY 2016 Stormwater
Management Assessments, and certifying and adopting the Stormwater Assessment
Roll.
(Motion to approve; Approved, 5-0)
B.COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FIVE YEAR
CONSOLIDATED PLAN FISCAL YEARS (FY) 2015-2019 AND ANNUAL
ACTION PLAN FY 2015-2016: Motion to Approve the Five Year Consolidated Plan
FY 2015-2019 and Annual Action Plan FY 2015-2016 required by the United States
Housing & Urban Development Agency (HUD) for utilization of federal grant funds.
10.FIRST READINGS:
A.None
11.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A.City Manager
1.Waiver of Permit Fee Request from Dr. Al Costilo
B.City Attorney
C.City Commission
POSTED: JULY 9, 2015
***Meeting adjourned at 11:53 p.m.***
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