08-11-15 Agenda Results Regular Meeting
City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, August 11, 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 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
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1. ROLL CALL.
2. PLEDGE OF ALLEGIANCE TO THE FLAG.
3. APPROVAL OF MINUTES: Motion to Approve the minutes of February 3, 2015 City
Commission Regular Meeting. (Motion to approve; Approved, 5-0)
4. PRESENTATIONS:
A. Downtown Development Authority (DDA) 2015-2016 Goals
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 Sidewalk Easement
Deed for 73 Palm Square, was moved to the Regular Agenda as Item 8.A.A.; and Item 7.F., Approve Waiver of
Café Permit Fees, be moved to September. Approved as amended, 5-0)
7. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. SIDEWALK EASEMENT DEED AGREEMENT/THE FRAN
BUILDING/321 EAST ATLANTIC AVENUE: Motion to Approve a sidewalk
easement deed agreement for the property located at 321 East Atlantic Avenue known
as The Fran Building.
B. RIGHT OF WAY DEED ACCEPTANCE FOR N.E. 8TH AVENUE: Motion to
Approve a right-of-way deed for the dedication of a 25 feet right-of-way associated with
the property located at N.E. 8th Avenue.
C. (MOVED TO REGULAR AGENDA ITEM 8.A.A.)
D. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL) JW
CHEATHAM, LLC/STREET RESURFACING CONSTRUCTION
PROJECT: Motion to Approve Contract Closeout (Change Order No. 2/Final) in the
amount of $22,399.20 decrease and final payment in the amount of $17,632.81 to JW
Cheatham, LLC. for completion of the Street Resurfacing/Reconstruction Project (Bid
No. 2014-32). This is in compliance with the Code of Ordinances, Chapter 36, Section
36.06(A)(2), “Change Orders; Within the Scope of Work”.
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E. AGREEMENT/UNITED STATES DEPARTMENT OF JUSTICE, DRUG
ENFORCEMENT ADMINISTRATION (DEA)/ILLEGAL NARCOTICS
AND DANGEROUS DRUGS: Motion to Approve and accept a State and Local
Task Force Agreement between the City and the United States Department of Justice,
Drug Enforcement Administration (DEA), to reimburse the Delray Beach Police
Department for overtime up to $17,548.00 subject to availability of funds, to disrupt the
illicit drug trafficking in illegal narcotics and dangerous drugs.
F. APPROVE WAIVER OF CAFÉ PERMIT FEES: Motion to Approve waiving café
permit fees for nine businesses at $154.00 per permit for a total amount of $1,386.00 for
FY 2016 as authorized per LDR Section 2.4.7(B), “Special Power to the City
Commission”.
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 29, 2015 through July 24, 2015.
I. AWARD OF BIDS AND CONTRACTS:
1. None.
8. REGULAR AGENDA:
A.A. ACCEPTANCE OF A SIDEWALK EASEMENT DEED FOR 73 PALM
SQUARE: Motion to Approve a 1.5’ sidewalk easement deed for the property located
at 73 Palm Square. (Motion to approve; Approved, 5-0)
A. CONDITIONAL USE REQUEST/PROVIDENCE LIVING ON
ATLANTIC/ASSISTED LIVING AND MEMORY CARE FACILITY: Consider
a conditional use request to allow an assisted living and memory care facility known as
Providence Living on Atlantic. (Quasi-Judicial Hearing)
(Motion to approve; Approved, 5-0)
B. REQUEST FOR SIDEWALK RELIEF IN THE FORM OF IN-LIEU
FEE/1031 WHITE DRIVE: Consider a request for sidewalk relief in the form of in-
lieu payment for the proposed residence located at 1031 White Drive to allow
construction of a75.6 feet sidewalk. (Quasi-Judicial Hearing) (Motion to approve a
deferral; Approved, 5-0)
C. RESOLUTION NO. 43-15: Motion to Approve Resolution No. 43-15 authorizing
staff to initiate the negotiation process for an Interlocal Service Boundary Agreement
between the City of Delray Beach and Palm Beach County pursuant to Chapter 171,
Part II, Florida Statutes. (Commissioner Jacquet left the dais. Motion to approve; Approved, 4-0)
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D. RESOLUTION NO. 44-15 – BEST INTEREST RESOLUTION/HOUSING
REHABILITATION PROJECTS: Motion to Approve Resolution No. 44-15, for
Housing Rehabilitation Construction at 217 S.W. 4th Avenue and 548 Davis Road
utilizing Community Development Block Grant and Residential Construction
Mitigation Program for the Community Improvement Department from Built Solid
Construction, LLC., declaring by a four-fifths affirmative vote that the City’s 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), “Multiple
Acquisitions from Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in
Any Fiscal Year” and Section 36.02(C)(11), “Best Interest Acquisitions”. (Commissioner
Jacquet returned to the dais. Motion to approve; Approved, 5-0)
E. BID AWARD, BID NO. 2015-57/DANA SAFETY SUPPLY,
INC./HANDGUNS: Motion to award Bid No. 2015-57 to Dana Safety Supply, Inc.
in the amount of $60,680.00 for the purchase of 185 Smith & Wesson 9MM handguns;
and Motion to Approve the trade-in of 168 Glock handguns for a trade-in value of
$54,768.00 for a net purchase price of $5,912.00. This recommendation is compliance
with the Code of Ordinances, Chapter 36, Section 36.08(A), “Trade-in”. (Commissioner
Katz left the dais. Motion to approve; Approved, 4-0)
F. RESOLUTION NO. 38-15 – BEST INTEREST RESOLUTION/SOUTHERN
COMPUTER WAREHOUSE/RANGER X TABLETS: Motion to Approve
Resolution No. 38-15, approving the acquisition of twenty (20) Ranger X Tablets and
accessories from Southern Computer Warehouse in the amount of $39,297.20, for the
Fire Department; declaring by a four-fifths affirmative vote that the City’s 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)(11), “Best
Interest Acquisitions”. Funding is available from 001-2315-526-64.90 (General Fund:
Fire Operations/Public Safety/Machinery/Equipment/Other Equipment).
(Commissioner Katz returned to the dais. Motion to approve; Approved, 5-0)
G. 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. (First motion to deny; Denied 3-2.
Vice Mayor Petrolia and Commissioner Katz dissenting. Second motion to approve; Approved 3-2;
Vice Mayor Petrolia and Commissioner Katz dissenting.)
H. NOMINATIONS FOR APPOINTMENT TO THE AFFORDABLE
HOUSING ADVISORY COMMITTEE: Nominations for appointment of three
(3) regular members to serve on the Affordable Housing Advisory Committee to serve
two-year terms ending July 31, 2017. Based on the rotation system, the nominations
for appointment will be made by Deputy Vice Mayor Jacquet (Seat #2), Commissioner
Katz (Seat #3) and Commissioner Jarjura (Seat #4). (Motion to remove item; Approved, 5-0)
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I. NOMINATIONS FOR APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD: Nominations for appointment of two (2)
regular members to serve on the Parking Management Advisory Board to serve two-
year terms ending July 31, 2017. Based on the rotation system, the nominations for
appointment will be made by Vice Mayor Petrolia (Seat #1) and Deputy Vice Mayor
Jacquet (Seat #2). (Appointed Annie Roof and approved 5-0; Appointed Kevin Warner and
approved 5-0.)
J. NOMINATIONS FOR APPOINTMENT TO THE BOARD OF
ADJUSTMENT: Nominations for appointment of two (2) regular members and one
(1) alternate member to serve on the Board of Adjustment to serve two-year terms
ending August 31, 2017. Based on the rotation system, the nominations for
appointment will be made by Commissioner Jarjura (Seat #4), Mayor Glickstein (Seat
#5) and Vice Mayor Petrolia (Seat #1). (Appointed Kat Kadian-Baumeyer and approved 5-0;
Appointed Melvin Pollack and approved 5-0; Appointed Jess Soward and approved 5-0.)
K. NOMINATION FOR APPOINTMENT TO THE GREEN
IMPLEMENTATION ADVANCEMENT BOARD: Nomination for
appointment of one (1) alternate member to serve on the Green Implementation
Advancement Board for an unexpired term ending July 31, 2015. Based on the rotation
system, the nomination for appointment will be made by Commissioner Jarjura (Seat
#4). (Appointed Katherine Lembovski and approved 5-0)
9. PUBLIC HEARINGS:
A. 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.
(Vice Mayor Petrolia left the dais. Motion to approve; Approved, 4-0)
10. FIRST READINGS:
A. None
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
1. Downtown Development Authority (DDA) Survey Results
2. Outstanding Issues
3. Interim Report-Conflict of Interest Investigation
B. City Attorney
C. City Commission
POSTED: AUGUST 3, 2015
***Meeting adjourned at 10:45 p.m.***