10-20-15 Regular City Commission MinutesOCTOBER 20, 2015
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at
City Hall at 6:00 p.m., on Tuesday, October 20, 2015.
1. Roll call showed:
Present- Vice Mayor Shelly Petrolia
Deputy Vice Mayor Alson Jacquet
Commissioner Mitch Katz
Commissioner Jordana Jarjura
Mayor Cary Glickstein
Absent - None
Also present were - Donald B. Cooper, City Manager
Noel Pfeffer, City Attorney
Chevelle D. Nubin, City Clerk
2. The Pledge of Allegiance to the flag of the United States of America was
given.
3. APPROVAL OF MINUTES:
Mr. Katz moved to approve the Minutes of June 9, 2015 City Commission
Workshop Meeting, June 16, 2015 City Commission Special Meeting, August 26, 2015
City Commission Special Meeting, September 3, 2015 City Commission Special
Meeting, September 21, 2015 City Commission Special Meeting and October 6, 2015
City Commission Special Meeting, seconded by Vice Mayor Petrolia. Upon roll call the
Commission voted as follows: Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms.
Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed
with a 5 to 0 vote.
4. PRESENTATIONS:
4_1. Palm Beach Metropolitan PlanninLy Organization - Complete Streets
Valerie Neilson, Palm Beach County Metropolitan Planning Organization,
presented this item to the Commission.
Brief discussion by Commissioner Katz and Mayor Glickstein followed.
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4.2. Recognizing and Commending Joe Gillie
Mayor Glickstein read and presented a proclamation hereby proclaiming
Joe Gillie for his long time service and exemplary dedication to the City of Delray Beach.
Bill Branning, Chairman of the Board of Director for Old School
Square Board of Directors, gave a few comments and thanked Mr. Joe Gillie for his
dedicated service to Old School Square.
Joe Gillie, Director of Old School Square, came forward and gave a few
brief comments.
At this point, the Commission moved to Comments and Inquiries on
Agenda and Non -Agenda Items from the City Manager and the Public Immediately
Following Presentations.
5.A. City Manager's response to prior public comments and inquiries.
In response to a prior public comment at the October 6, 2015 meeting
concerning the broken street light at Atlantic and US -1, the City Manager stated the light
will be repaired.
Secondly, the City Manager stated regard to a prior comment expressed by
Dr. Victor Kirson about Public Safety personnel, the City Manager stated there are
presently 14 vacancies within the Police Department; 12 of those are full-time positions;
2 are part-time (this includes civilian and uniformed officers); there is 153 uniformed
police officers authorized in fiscal 2015-2016; 3 positions will be vacant as of October
1st; there are 15 vacancies within the Police Department.
5.13. From the Public.
5.11.1. Margie Walden, 6103 Caladium Road, Delray Beach, FL 33484
(speaking on behalf of the Palm Beach County Sports Commission), announced that
the NAIA men's Soccer National Championships have decided to renew another two (2)
years in Delray. Ms. Walden stated this is the first time that the NAIA has granted four
(4) years to a city; they usually do just two (2) years for 14 and 15 year olds and now we
have 16 and 17 year olds. She stated last year the NAIA registered 1,655 room nights
for an economic impact of $1.1 million and they expect the same next year and going
forward they expect even more.
George Linley, Palm Beach County Sports Commission, stated he
appreciates the partnership with the City of Delray Beach.
Jane Blalock, 27 -time LPGA (Ladies Professional Golf Association) Tour
Tournament Champion, stated the LPGA Championship will be here on November 6-7,
2015 hand the three charities involved are: (1) Bethesda Hospital, (2) the Delray
Achievement Centers, and (3) Dan Marino's Autism Group. She stated Walgreens is
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selling tickets for $10.00 and the money will go to the charities and the event will be at
the Seagate.
Mayor Glickstein suggested that either Ms. Blalock or Ms. Walden get
with Suzanne Davis, Parks and Recreation Director in terms of how the City can help
promote this event.
5.B.2. Bradley Harper, 2004 Embassy Drive, West Palm Beach, FL, stated he
is running for County Court Judge a seat that is being vacated by retiring Judge Barry
Coleman. Mr. Harper stated he is a sixth generation native of this community. He stated
he has been practicing here his entire legal career and he is a trial lawyer and has
mitigated on behalf of both defendants and plaintiffs; and he has gained a lot of
experience the municipality attorneys allowing him to serve them at cities across Palm
Beach County. Mr. Harper explained the two (2) ways to become a Judge in Florida and
stated in this community there has not been an African-American Judge elected or
appointed to the Circuit Court Bench in over two decades.
5.B.3. Eric Wanner, 159 Marine Way, Delray Beach, FL, stated he rents a
boat in the Marina District and the parking was changed recently to better utilize the
space. However, Mr. Wagner stated he does not own a vehicle but rents since he is only
here approximately four (4) weeks a month. He urged the City to change this parking
program so that he can still get a parking pass as well as for his guests.
5.B.4. Timothy Boydkins, briefly spoke about the towing contract and feels the
citizens voted for the Commission to protect its citizens in the best interest of the
community. He urged the Commission to evaluate the towing contract very closely
before they make their decision and ask them to be a little more lenient toward the tow
companies so that they can pass the savings on down to the citizens. Mr. Boydkins stated
if the City is going to hire a tow company that they make sure that they advertise where
the car is going to be sold and urged the City to pass some of the savings to the people
who are towing the cars for.
5.B.5. Jonah Fischer, 14815 Whatley Road, Delray Beach, FL 33445, student
at St. Vincent's and President of Teen CIA of the Palm Beach County Awareness
Coalition, urged the Commission to support Ordinance No. 26-15.
5.B.6. Ron Nobili, 159 Marine Way, Slip #15, Delray Beach, FL 33483
(member of the discriminated class of residents living within the Marina Historic
District impacted by Ordinance No. 05-15), read a brief statement into the record
regarding Ordinance No. 05-15.
5.B.7. Ron Gilinsky, 140 South Federal Highway, Delray Beach, FL 33483,
announced that November 12, 2015 is Delray Reads Day at 7:30 a.m. at the Delray Beach
Center for the Arts in the gym and extended an invitation for everyone to attend. Mr.
Gilinsky stated there will be a continental breakfast with a guest speaker Dr. Kevin Ross
speaking from Lynn University.
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5.11.8. Drew Zuccala, Zuccala Wrecker Service, briefly spoke about the RFP
for towing services. Mr. Zuccala urged the Commission to table this and go back and
review the numbers.
5.11.9. Andy Katz, 220 Ocean Boulevard, Delray Beach, FL 33483,
commented about the concept of "bumpability" in public and to achieve this positive
form of "bumpability".
5.11.10. Aaron Cocuzzo, Priority Tow, 214 S.E. 7th Avenue, Boynton Beach,
FL, commented about the RFP for the towing bid contract and stated Priority Tow came
in second but he would like to know how the Selection Committee came up with their
numbers.
5.B.11. Neil Schiller, 625 North Flagler Drive, West Palm Beach, FL 33401
(represents Westway Towing), commented about the towing RFP and stated the Palm
Beach County rates are mandated by the RFP and gives the City the benefit of Palm
Beach County to enforce the towing laws. Mr. Schiller stated the Notices Disposal of
Vehicles Left Unclaimed are done according to Florida Law and towing companies from
across the State have to meet State standards in order to dispose of unclaimed property.
He stated there was objective criteria in the RFP and urged the Commission to follow
staff's recommendation and award the contract to the two (2) proposed bidders (Beck's
Towing & Recovery, Inc. and Westway Towing, Inc.).
5.13.12. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), briefly spoke about diplomacy and civility.
5.B.13. Frances Bourque, 3780 South Lake Drive, Boynton Beach, FL 33436,
read a brief statement into the record regarding Old School Square; 25 years ago a Master
Plan was developed to help tailor this park and fit the many needs of the community. Ms.
Bourque stated in the beginning of the third phase they built a pavilion and invited the
public to play outdoors in this pavilion space. She stated the foot traffic of half a million
people a year has taken a toll on the park and commented about the design phase of the
Old School Square Park.
5.11.14. Herman Stevens, 75 S.W. 5th Avenue, Delray Beach, FL 33444, spoke
about an incident where Police Officer Grubb and Police Officer Kelly stopped his client
because he had an ornamental frame around his license tag and the officers alleged they
could not read his license tag.
6. AGENDA APPROVAL.
The City Manager requested that Item 7.D., Purchase Award/Don Reid
Ford/One New Car and Item 8.A.3.., Prior Approval of FY 2016 Spending Greater
Than $25,000.00/Multiple Vendors be removed.
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Ms. Jarjura requested that Item 10.A., Ordinance No. 26-15 (First
Reading) be moved to the front of the Agenda after the Consent Agenda.
Mr. Katz moved to approve the Agenda as amended, seconded by Ms.
Jarjura. Upon roll call the Commission voted as follows: Mr. Katz — Yes; Ms. Jarjura —
Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet —
Yes. Said motion passed with a 5 to 0 vote.
7. CONSENT AGENDA: City Manager Recommends Approval.
7.A. ANNUAL PROJECT HOLIDAY/YOU ARE NOT ALONE
SUPPORT: Motion to approve a request for city support and assistance for the 10'
Annual Project Holiday sponsored by the You Are Not Alone Organization, which
provides packages to armed services personnel.
7.11. HOLD HARMLESS AGREEMENT FOR AWNING
ENCROACHMENTS INTO WORTHING PARK Motion to approve a Hold
Harmless Agreement to allow the encroachments into Worthing Park located at 32 S.E.
2nd Avenue.
7.C. CHANGE ORDER NO. 2/CJ CONTRACTING LLC./HOUSING
REHABILITATION AT 417 S.W. 15 TERRACE: Motion to approve Change
Order No. 2 in the amount of $2,900.00 to CJ Contracting, LLC and $664.20 to Hulett
Environmental Services to facilitate and complete rehabilitation activities to bring the
home to minimum standards. This recommendation is in compliance with the Code of
Ordinances, Chapter 36, Section 36.06(A)(1), "Change Orders". Funding is available
from 118-1935-554-62.12 (Neighborhood Services Fund: Neighborhood Stabilization
Program).
7.D. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
7.E. PARKING MANAGEMENT ADVISORY BOARD
RATIFICATIONS: Motion to approve and ratify the appointed members of the
Parking Management Advisory Board for two (2) year terms ending July 31, 2017.
7.F. KIDS AND COPS COMMITTEE RATIFICATIONS: Motion to
approve and ratify the appointed members of the Kids and Cops Committee for two (2)
year terms ending November 30, 2017.
7.G. AGREEMENT WITH THE PALM BEACH COUNTY
SUPERVISOR OF ELECTIONS REGARDING RESPONSIBILITIES AND
EXPENSES FOR REFERENDUM TO BE HELD IN CONJUNCTION WITH
MARCH 2016 PRESIDENTIAL PREFERENCE PRIMARY ELECTION: Motion
to Approve an agreement with the Palm Beach County Supervisor of Elections for Vote
Processing Equipment Use and Election Services for election services provided from
January 1, 2016 to December 31, 2016. The City anticipates utilizing the services of the
Supervisor of Elections to hold a referendum in conjunction with the Presidential
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Preference Primary election to be held on March 15, 2016 seeking approval of the repeal
of Chapter 25784.
7.H. PROCLAMATIONS:
1. None
7_I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Motion to accept the actions and decisions made by the Land Development
Boards for the period September 21, 2015 through October 2, 2015.
7.J. AWARD OF BIDS AND CONTRACTS:
1. None
Mr. Katz moved to approve the Consent Agenda as amended, seconded by
Ms. Jarjura. Upon roll call the Commission voted as follows: Ms. Jarjura — Yes; Mayor
Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr.
Katz — Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:06 p.m., Mayor Glickstein left the meeting.
10. FIRST READINGS:
10.A. ORDINANCE NO. 26-15 (FIRST READING): Motion to approve
Ordinance No. 26-15, amending Chapter 113, "Alcoholic Beverages", of the Code of
Ordinances of the City of Delray Beach, Florida, by adding Section 113.16, "Posting Of
Underage Drinking Signs", establishing regulations regarding the posting of Underage
Drinking Signs. If passed, a public hearing will be held on November 3, 2015.
office.)
The caption of Ordinance No. 26-15 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 113, "ALCOHOLIC
BEVERAGES", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY
ADDING SECTION 113.16, "POSTING OF UNDERAGE
DRINKING SIGNS", ESTABLISHING REGULATIONS
REGARDING THE POSTING OF UNDERAGE
DRINKING SIGNS; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 26-15 is on file in the City Clerk's
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The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Chief Goldman presented this item to the Commission.
Ms. Jarjura thanked the students who all spoke at the last meeting and
stayed and waited until the end and she apologized that the Commission was not able to
get to this item. She thanked the students for attending the meeting again this evening.
Deputy Vice Mayor Jacquet thanked the President of Toussaint
L'Ouverture High School, Ms. Jackie Jones, and Dr. Ridley for their efforts on this
ordinance.
Mr. Katz and Vice Mayor Petrolia echoed comments expressed by
Commissioner Jarjura and Deputy Vice Mayor Jacquet.
Ms. Jarjura moved to approve Ordinance No. 26-15 on FIRST Reading,
seconded by Deputy Vice Mayor Jacquet. Upon roll call the Commission voted as
follows: Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes;
Ms. Jarjura — Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 7:10 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
9. PUBLIC HEARINGS:
9.A. ORDINANCE NO. 25-15 (FIRST READING/FIRST PUBLIC
HEARING): Motion to approve Ordinance No. 25-15, adopting Comprehensive Plan
Amendment 2015-WSP1, to provide for a 10 -Year Water Supply Facilities Work Plan,
pursuant to the provisions of the "Community Planning Act", Florida Statutes Section
163.3184. Once the Ordinance and associated documents are approved at first reading,
they must be sent to the State for review. Following this 30 day review period, it will be
brought back to the Commission for second reading and adoption.
The caption of Ordinance No. 25-15 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA
ADOPTING COMPREHENSIVE PLAN AMENDMENT
2015-WSP1, TO PROVIDE FOR A 10 -YEAR WATER
SUPPLY FACILITIES WORK PLAN, PURSUANT TO
THE PROVISIONS OF THE "COMMUNITY
PLANNING ACT", FLORIDA STATUTES SECTION
163.3184; ALL AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ENTITLED
COMPREHENSIVE PLAN AMENDMENT 2015-WSP1
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AND INCORPORATED HEREIN BY REFERENCE;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 25-15 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mark Stivers, Planner, presented this item to the Commission.
At this point, Representatives from Kimley-Horn gave a few brief
comments on the work plan.
Vice Mayor Petrolia declared the public hearing open. There being no one
else from the public who wished to address the Commission regarding Ordinance No. 25-
15, the public hearing was closed.
Mr. Katz moved to approve Ordinance No. 25-15 on FIRST Reading/First
Public Hearing, seconded by Ms. Jarjura. Upon roll call the Commission voted as
follows: Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Vice
Mayor Petrolia — Yes. Said motion passed with a 4 to 0 vote.
9.B. ORDINANCE NO. 27-15 (SECOND READING/SECOND PUBLIC
HEARING): Motion to approve Ordinance No. 27-15, amending the Land Development
Regulations (LDR) of the City of Delray Beach; amending Article 4.4.13(B)(6), "Old
School Square Historic Arts District (OSSHAD) Zoning With CBD Overlay"; amending
Section 4.4.13(B), Figure 4.4.13-5, "Central Core & Beach Sub -Districts Regulating
Plan"; amending Section 4.4.13(B), Figure 4.4.13-6, "West Atlantic Neighborhood Sub -
District Regulating Plan"; amending Section 4.4.13(C), Table 4.4.13(A), "Allowable
Uses In The CBD Sub -Districts"; amending Section 4.4.13(D)(1)(A), "Building Height";
amending Section 4.4.13(E)(4), "Frontage Types"; amending Section 4.4.13(F),
"Architectural Standards"; amending Section 4.4.13(G), "Civic Open Spaces"; amending
Section 4.4.13(I)(2), "Minimum Number Of Off -Street Spaces"; amending Section
4.4.13(K)(7), "Conditional Uses"; amending Section 4.4.24(B), "Principal Uses and
Structures"; amending Section 4.4.24(C), "Accessory Uses And Structures Permitted";
amending Section 4.4.24(F), "Development Standards"; amending Section 4.5.1(E)(2),
"Major and Minor Development"; amending Section 4.5.6(B), "Defined"; amending
Section 4.7, "Findings".
The caption of Ordinance No. 27-15 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
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AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH;
AMENDING ARTICLE 4.4.13(B)(6) "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OSSHAD)
ZONING WITH CBD OVERLAY"; AMENDING
SECTION 4.4.13(B), FIGURE 4.4.13-5, "CENTRAL
CORE & BEACH SUBDISTRICTS REGULATING
PLAN"; AMENDING SECTION 4.4.13(B), FIGURE
4.4.13-6, "WEST ATLANTIC NEIGHBORHOOD SUB-
DISTRICT REGULATING PLAN"; AMENDING
SECTION 4.4.13(C), TABLE 4.4.13(A), "ALLOWABLE
USES IN THE CBD SUB -DISTRICTS"; AMENDING
SECTION 4.4.13(D)(1)(A) `BUILDING HEIGHT";
AMENDING SECTION 4.4.13(E)(4) "FRONTAGE
TYPES"; AMENDING SECTION 4.4.13(F)
"ARCHITECTURAL STANDARDS"; AMENDING
SECTION 4.4.13(G) "CIVIC OPEN SPACES";
AMENDING SECTION 4.4.13(I)(2) "MINIMUM
NUMBER OF OFF-STREET SPACES"; AMENDING
SECTION 4.4.13(K)(7) "CONDITIONAL USES";
AMENDING SECTION 4.4.24(B) "PRINCIPAL USES
AND STRUCTURES"; AMENDING SECTION 4.4.24(C)
"ACCESSORY USES AND STRUCTURES
PERMITTED"; AMENDING SECTION 4.4.24(F)
"DEVELOPMENT STANDARDS"; AMENDING
SECTION 4.5.1(E)(2) "MAJOR AND MINOR
DEVELOPMENT"; AMENDING SECTION 4.5.6(B)
"DEFINED"; AMENDING SECTION 4.7 "FINDINGS";
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 27-15 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Tim Stillings, Director of Planning and Zoning, presented this item to the
Commission.
Vice Mayor Petrolia declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 27-15.
Mr. Katz moved to adopt Ordinance No. 27-15, seconded by Ms. Jarjura.
Upon roll call the Commission voted as follows: Mr. Katz — Yes; Ms. Jarjura — Yes; Vice
Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes. Said motion passed with a 4 to
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0 vote.
9.1C. ORDINANCE NO. 21-15 (SECOND READING): Motion to approve
Ordinance No. 21-15, amending the Land Development Regulations (LDR) of the of the
City of Delray Beach, by amending Section 6.1.3, "Sidewalks", Subsection 6.1.3(C),
"Sidewalk Construction Requirements"; and amending Subsection 6.1.3(D), "Relief
From Sidewalk Installation"; providing for the approval, calculation, accounting, and
expenditure of In -Lieu Sidewalk Payments.
The caption of Ordinance No. 21-15 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 6.1.3 "SIDEWALKS",
SUBSECTION 6.1.3(C) "SIDEWALK CONSTRUCTION
REQUIREMENTS"; AND AMENDING SUBSECTION
6.1.3(D) "RELIEF FROM SIDEWALK INSTALLATION"
PROVIDING FOR THE APPROVAL, CALCULATION,
ACCOUNTING, AND EXPENDITURE OF IN -LIEU
SIDEWALK PAYMENTS; AND PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 21-15 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Tim Stillings, Director of Planning and Zoning, presented this item to the
Commission.
Vice Mayor Petrolia declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 21-15,
the public hearing was closed.
Prior to the vote, Vice Mayor Petrolia suggested considering looking at
this from the perspective of putting an increase in seawall height and her other suggestion
was the low ground building as a potential way to secure our future from the rising tides.
Ms. Jarjura moved to adopt Ordinance No. 21-15 on Second
Reading/Second Public Hearing, seconded by Mr. Katz. Upon roll call the Commission
voted as follows: Ms. Jarjura — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor
Jacquet — Yes; Mr. Katz — Yes. Said motion passed with a 4 to 0 vote.
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9.D. RESOLUTION NO. 60-15 — NEIGHBORHOOD STABILIZATION
PROGRAM (NSP)/PROPERTY TRANSFER/ 417 S.W. 15 TERRACE: Motion to
approve Resolution No. 60-15 authorizing the transfer of NSP property located at 417
SW 15th Terrace, Delray Beach, 33444 to Delray Housing Group Inc. for the benefit and
rental of unit to household at or below 50% AMI.
The caption of Resolution No. 60-15 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO TRANSFER REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA,
AS DESCRIBED HEREIN, HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE BUYER AND THE CITY
OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 60-15 is on file in the City Clerk's
office.)
Michael Coleman, Director of Community Improvement, presented this
item to the Commission.
Vice Mayor Petrolia declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 60-15,
the public hearing was closed.
Deputy Vice Mayor Jacquet moved to approve Resolution No. 60-15,
seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Vice Mayor
Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes.
Said motion passed with a 4 to 0 vote.
8.
REGULAR AGENDA:
8.A. ROUTINE BUSINESS: (All Items Under this Subsection to be
approved by one Motion. Any Item Under Routine Business May Be Moved by
Commission for Separate Consideration):
1. BID AWARD/CDW GOVERNMENT, LLC/ARBITRATOR
CAMERAS: Motion to approve award of Bid No. 2015-69 for Ten
Arbitrator Cameras to the lowest responsive bidder, CDW Government
LLC., in the amount of $59,266.60. This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section
36.02(A)(1), "Competitive Bids". Funding is available from 001-2115-
521-64.90 (General Fund: Operations Bureau/Other
Machinery/Equipment).
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2. PRIOR APPROVAL OF 2016 SPENDING GREATER
THAN $25,000.001MULTIPLE VENDORS/ OPERATING LEASES:
Motion to approve multiple acquisitions from Ricoh USA, Inc. in an
amount not to exceed $100,000.00 and Konica Minolta Business
Solutions in an amount not to exceed $50,000.00 for FY 2016 for
operating lease payments and copies. This recommendation is in
compliance with the Code of Ordinances, Section 36.03(B), "Multiple
Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year."
Funding is available from various sources.
3. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
4. PRIOR APPROVAL OF FY 2016 SPENDING GREATER
THAN $25,000.00/MULTIPLE VENDORS/TIRES: Motion to
approve utilization of Florida Sheriff's Association Contract
#15/17-07-0220 for purchases of tires from Tiresoles of Broward
in an amount not to $60,000.00, Martino Tire in amount not to
exceed $30,000.00, and Action Gator Tire in an amount not to
exceed $40,000.00 in FY 2016. This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section
36.03(B), "Multiple Acquisitions from Vendor Exceeding
$25,000.00 in any Fiscal Year".
5. AMENDMENT NO. 3/R.J. BEHAR AND COMPANY,
INC./FEDERAL HIGHWAY BEAUTIFICATION
PROJECT: Motion to approve Amendment No. 3 to the
Agreement with R.J. Behar & Company, Inc. in the amount
$72,644.00 for Construction Engineering and Inspection Services
(CEI) for the Federal Highway Beautification Project No. 2009-
009. This recommendation is in compliance with the Code of
Ordinances, Chapter 36, Section 36.06(2), "Change Orders;
Within the Scope of Work". Funding is available from 334-3162-
541-68.52 (General Construction Fund: Streets, Alleys, and
Sidewallcs/Transportation/Federal Highway Beautification
Project).
6. BID AWARD/INSTITUFORM TECHNOLOGIES,
LLC./IRIS DRIVE DRAINAGE REPAIRS: Motion to
approve a bid award (Bid No. 2015-64) to the lowest responsive
bidder, Instituform Technologies, LLC. in an amount not to
exceed $136,256.00. This recommendation is in compliance with
the Code of Ordinances, Section 36.02(A)(1), "Sealed
Competitive Method". Funding is available from 448-5461-538-
63.90 (Stormwater Utility Fund: Capital/Other Improvements).
7. CONTRACT RENEWAL/ELEV8 SPORTS INSTITUTE,
INC./SPORTS FIELDS MAINTENANCE: Motion to approve
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a one (1) year renewal of a bid award (Bid No. 2014-45) to Elev8
Sports Institute, Inc. for Landscape Maintenance at Seacrest
Soccer Complex and Hilltopper Stadium in an amount not to
exceed $75,840.00. Funding is available from 001-4131-572-
34.90 (General Fund: Parks and Recreation/Other Contractual
Services).
Mr. Katz moved to approve Item 8.A.1. -8.A.7. (Item 8.A.3. removed),
seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Deputy Vice
Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Vice Mayor Petrolia — Yes.
Said motion passed with a 4 to 0 vote.
8.11. CONTRACT AWARD/BECK'S TOWING & RECOVERY, INC
AND WESTWAY TOWING INC./VEHICLE TOWING AND STORAGE: Motion
to approve award of RFP No. 2015-61 for vehicle towing and storage to Beck's Towing
& Recovery, Inc. and Westway Towing, Inc. for a four (4) year contract with one (1)
additional two (2) year renewal option. This recommendation is in compliance with the
Code of Ordinances, Chapter 36, Section 36.02(A)(2), "Requests for Proposals".
Funding is available from various sources.
Ms. Jarjura moved to approve to award to the top three (3) vendors based
upon the Selection Committee's ranking, seconded by Mr. Katz. Upon roll call the
Commission voted as follows: Mr. Katz — Yes; Ms. Jarjura — Yes; Vice Mayor Petrolia
— Yes; Deputy Vice Mayor Jacquet — Yes. Said motion passed with a 4 to 0 vote.
At this point, Deputy Vice Mayor Jacquet stepped away from the dais.
8.C. PRIOR APPROVAL OF FY 2016 SPENDING GREATER THAN
$25,000.00 SOLE SOURCE/FLORIDA BULLET, INC: Motion to approve Florida
Bullet as a sole source vendor and approve a purchase award to Florida Bullet, Inc., in
an amount not to exceed $65,000.00 for acquisitions of ammunition with Florida Bullet,
Inc. for the Police Department. 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". Funding is
available from 001-2111-521-52.20 (General Fund: Police/Public Safety/Operating
Supplies/General Operating Supplies).
Holly Vath, Chief Purchasing Officer, presented this item to the
Commission and stated staff recommends approval.
Mr. Katz moved to approve Florida Bullet as a sole source vendor and
approve a purchase award to Florida Bullet, Inc. for the Police Department in the
amount of $65,000 for acquisitions of ammunition with Florida Bullet, seconded by Ms.
Jarjura. Upon roll call the Commission voted as follows: Ms. Jarjura — Yes; Vice
Mayor Petrolia — Yes; Mr. Katz — Yes. Said motion passed with a 3 to 0 vote.
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8.D. PRIOR APPROVAL OF FY 2016 SPENDING GREATER THAN
$25,000.00/ZOLL MEDICAL CORPORATIONIMEDICAL EQUIPMENT:
Motion to approve Zoll Medical Corporation as a sole source vendor for parts and
maintenance of AutoPluse Resuscitation Systems and Zoll defibrillators and approve
prior spending in the amount of $35,000.00 for fiscal year 2016. This recommendation
is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(6)(a), "Sole
Source," and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding
$25,000.00 in Any Fiscal Year". Funding is available from various sources.
Holly Vath, Chief Purchasing Officer, presented this item to the
Commission and stated staff recommends approval.
Mr. Katz moved to approve Zoll Medical Corporation as a sole source
vendor for parts and maintenance of AutoPluse Resuscitation Systems and Zoll
defibrillators and approve prior spending in the amount of $35,000 for fiscal year 2016,
seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Vice Mayor
Petrolia — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes. Said motion passed with a 3 to 0
vote.
8.E. PRIOR APPROVAL OF FY 2016 SPENDING GREATER THAN
$25,000.00/ RECHTIEN INTERNATIONAL TRUCKS, LLC.: Motion to approve
Rechtien International Trucks, LLC. as a sole source vendor for the purchase of parts
and repairs for Fire Rescue vehicles in an amount not to exceed $60,000.00 for multiple
acquisitions in FY 2016. This recommendation is in compliance with the Code of
Ordinances, Chapter 36, Section 36.02(C)(6)(a), "Sole Source" and Section 36.03(B),
"Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year".
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/City Garage/Outside Service).
Holly Vath, Chief Purchasing Officer, presented this item to the
Commission and stated staff recommends approval.
Mr. Katz moved to approve Rechtien International Trucks, LLC., as a
sole source vendor for the purchase of parts and repairs for Fire Rescue vehicles in an
amount not to exceed $60,000 for multiple acquisitions in fiscal year 2016, seconded by
Ms. Jarjura. Upon roll call the Commission voted as follows: Mr. Katz — Yes; Ms.
Jarjura — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 3 to 0 vote.
8.F. PRIOR APPROVAL OF FY 2016 SPENDING GREATER THAN
$25,000.00/ TEN -8 FIRE EQUIPMENT: Motion to approve Ten -8 Fire Equipment as
a Sole Source vendor for the purchase of Pierce Fire Truck repair parts and service in an
amount not to exceed $65,000.00 for multiple acquisitions in FY 2016. This
recommendation is in compliance with the Code of Ordinances, Chapter 36, Section
36.02(C)(6)(a), "Sole Source", and Section 36.03(B), "Multiple Acquisitions from
Vendor Exceeding $25,000.00 in Any Fiscal Year". Funding is available from 501-331-
591-52.50 (Garage Fund: Operating Supplies/ External Supplies) and 501-3311-591-
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52.52 (Garage Fund: Operating Supplies/ City Garage/Outside Service).
Holly Vath, Chief Purchasing Officer, presented this item to the
Commission and stated staff recommends approval.
Mr. Katz moved to approve Ten -8 Fire Equipment as a sole source
vendor for the purchase of Pierce Fire Truck repair parts and service in an amount not to
exceed $65,000 for multiple acquisitions in fiscal year 2016, seconded by Ms. Jarjura.
Upon roll call the Commission voted as follows: Ms. Jarjura — Yes; Vice Mayor
Petrolia — Yes; Mr. Katz — Yes. Said motion passed with a 3 to 0 vote.
At this point, Deputy Vice Mayor Jacquet returned to the dais.
8.G. ABANDONMENT OF CERTAIN EASEMENTS AND
DEDICATION OF REPLACEMENT EASEMENTS/DEPOT SQUARE PLAT:
Consideration of replacement easements within the Depot Square Plat, located north of
West Atlantic Avenue between CSX Railroad and I-95:
1. SIGNAGE AND LANDSCAPE EASEMENT AGREEMENT:
Motion to approve a Signage and Landscape Easement
Agreement to allow the installation and maintenance of an entry
sign and related landscaping, lighting and irrigation
improvements proposed in the City easement along Depot Road
and Lake Ida Road.
2. LANDSCAPE MAINTENANCE AGREEMENT FOR
RIGHT-OF-WAY: Motion to approve a Landscape
Maintenance Agreement to allow landscaping in the right -of -Way
of Depot Avenue and N.W. 2nd Street.
3. RESOLUTION NO. 68-15/EASEMENT ABANDONMENTS
AND AGREEMENT TO REPLAT: Motion to approve
Resolution No. 68-15 vacating and abandoning the General
Utility Easement dedicated by the Historic Depot Square
Subdivision Plat; and Second Motion to Approve abandoning the
single purpose water, sewer, and lift station easement deeds; and
Third Motion to Approve the Agreement to Replat to defer the
developer's obligation to replat the property that includes the
water, sewer, lift station, drainage and general utility easements
and related dedications.
Mark McDonnell, Assistant Director of Planning and Zoning, presented
this item to the Commission and stated staff recommends approval of all three items.
Ms. Jarjura moved to approve Item 8.G. (Items #143), seconded by Mr.
Katz. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes;
Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes. Said motion
passed with a 4 to 0 vote.
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8.H. SECOND AMENDMENT TO ROADWAY IMPROVEMENT
AGREEMENT/DEPOT INDUSTRIAL CENTER, LLC./LAKE IDA ROAD:
Motion to approve the Second Amendment to the Roadway Improvement Agreement
and associated documents between the City and Depot Industrial Center, LLC.
Victor Majtenyi, Deputy Director of Public Utilities, presented this item
to the Commission.
Vice Mayor Petrolia made a reference to a lengthy hearing the
Commission had about the adjacent owner and his warehouse complex. Vice Mayor
Petrolia stated she would like to ensure that this is not infringing in any way. The City
Attorney stated that land owner filed a lawsuit against the City of Delray Beach
approximately one month ago as a result of that hearing; however, what the Commission
is doing tonight, does not negatively affect him. The City Attorney explained what the
Commission is doing tonight is implementing what the Commission agreed to on the site
plan.
Mr. Katz moved to approve Second Amendment to the Roadway
Improvement Agreement and associated documents between the City and Depot
Industrial Center, LLC., seconded by Ms. Jarjura. Upon roll call the Commission voted
as follows: Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Vice
Mayor Petrolia — No. Said motion passed with a 3 to 1 vote, Vice Mayor Petrolia
dissenting.
8.I. RESOLUTION NO. 67-15 — BEST INTEREST/ GAMETIME C/O
DOMINICA RECREATION PRODUCTS, INC./PLAYGROUND EQUIPMENT
AT VETERANS PARK: Motion to approve Resolution No. 67-15, authorizing the
purchase of specific playground equipment from Gametime c/o Dominica Recreation
Products, Inc. for Veterans Park; declaring by a four-fifths affirmative vote that the
City's Sealed Competitive Method or Written Quotations Procurement Method for the
purchase is not in the Best Interest of the City.
Suzanne Davis, Director of Parks and Recreation, presented this item to
the Commission.
Brief discussion by the Commission followed.
Deputy Vice Mayor Jacquet moved to approve Resolution No. 67-15
Best Interest Resolution and purchase specific playground equipment in the amount of
$92,192.84 to Gametime/Dominica Recreation Products, Inc. for installation at
Veteran's Park, seconded by Ms. Jarjura. Upon roll call the Commission voted as
follows: Mr. Katz — Yes; Ms. Jarjura — Yes; Vice Mayor Petrolia — Yes; Deputy Vice
Mayor Jacquet — Yes. Said motion passed with a 4 to 0 vote.
8.J. NOMINATION FOR APPOINTMENT TO THE DELRAY BEACH
HOUSING AUTHORITY: Nomination for appointment of one (1) regular member
to serve on the Delray Beach Housing Authority f o r a four year term ending October
27, 2019. Based on the rotation system, the nomination for appointment will be made
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by Commissioner Jarjura (Seat #4).
Ms. Jarjura moved to nominate Jesse Saginor as regular member to serve
on the Delray Beach Housing Authority for a four (4) year term ending October 27,
2019, seconded by Deputy Vice Mayor Jacquet. Upon roll call the Commission voted
as follows: Ms. Jarjura — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet
— Yes. Mr. Katz — Yes. Said motion passed with a 4 to 0 vote.
8.K. NOMINATION FOR APPOINTMENT TO THE EDUCATION
BOARD: Nomination for appointment of one (1) regular member to serve an unexpired
term ending July 31, 2016 on the Education Board. Based on the rotation system, the
nomination for appointment will be made by Commissioner Katz (Seat #3).
Deputy Vice Mayor Jacquet commented about the attendance records for
the Education Board and asked the City Clerk to report back to the City Commission if
there are any concerns with absences.
Mr. Katz moved to nominate Jervonte Edmonds as a regular member to
the Education Board to serve an unexpired term ending July 31, 2016, seconded by Ms.
Jarjura. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes;
Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes. Said motion
passed with a 4 to 0 vote.
8.L. NOMINATIONS FOR APPOINTMENT TO THE CIVIL SERVICE
BOARD: Nominations for appointment for one (1) regular member to serve on the Civil
Service Board for a two (2) year term ending April 1, 2017 and for one (1) alternate
member to serve an unexpired term ending July 1, 2016. Based on the rotation system,
the nominations for appointment will be made by Commissioner Jarjura (Seat #4) and
Mayor Glickstein (Seat #5).
Mayor Glickstein's appointment has been deferred to the next regular
meeting of November 3, 2015.
Ms. Jarjura moved to nominate Yvonne Walker as a regular member to the
Civil Service Board to serve a two (2) year term ending July 1, 2016, seconded by
Deputy Vice Mayor Jacquet. Upon roll call the Commission voted as follows: Deputy
Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Vice Mayor Petrolia —
Yes. Said motion passed with a 4 to 0 vote.
11. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS.
11.A. City Manager
A. City Manager
1. Request for Waiver of Business Tax for FY 2016 by Bunnies
Unlimited D/B/A Sequin Delray Beach
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The City Manager expressed concern over the request for waiver of a
business tax license and the amount is $172.61. The City Manager stated subsequent to
this request being made to him, he was advised by the DDA that there may be similar
requests when there is construction or as a result of the US -1 construction. He stated it is
fairly common that people will have business interruption as a result of construction; this
particular one and Big Al's are somewhat unique that on both the northwest corner and
southwest corner, there is a confluence of utilities and as a result of the US -1 construction
there was a lot of disruption. However, the City Manager stated Big Al's is a Caf6
License permit where he lost the opportunity to use the sidewalk where this is a simple
business license.
Commissioner Jarjura stated the reason she supported Big Al's because it
was an outdoor dining permit that he had paid for and was not able to utilize; with respect
to the case with Sequin Delray Beach this business was affected the construction for quite
some time. Commissioner Jarjura stated when looking at restaurants that applied for a
special permit to utilize their outdoor space and were unable to use it, then that is
distinguishable from a retail business. Commissioner Jarjura stated she is sympathetic to
the impacts that it had on the businesses that are aligning Federal Highway, she does not
feels that they could go down that route especially with all of the construction going on
downtown not with just this project and that they will continue to have with the CRA
infrastructure improvements.
Deputy Vice Mayor Jacquet stated he had concerns about Big Al's
request. Deputy Vice Mayor Jacquet stated he did not have a problem with allowing that
request from Big Al's; however, with this request he feels there is a possibility of a
negative precedent being set where businesses may feel if business is not going well, then
we should not be paying our business license. Deputy Vice Mayor Jacquet stated he does
not want to start that precedent waiving someone's business license fee just because the
city is doing construction and he does not support the request.
Commissioner Katz stated he concurs with his two colleagues and
although everyone was affected by the construction but he feels everyone is going to
benefit from the long-term benefits. He does not want to set a precedent.
11.B. City Attorney
The City Attorney requested a shade meeting potentially for November 3,
2015 regarding Atlantic Crossing at 5:00 p.m.
11.C. City Commission
11.C.1. Deputy Vice Mayor Jacquet
None.
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11.C.2. Commissioner Jariura
Commissioner Jarjura stated he will not be here on November 3, 2015.
11.C.3. Commissioner Katz
Commissioner Katz stated the Chamber of Commerce hosted their
Government Affairs meeting at the Police training facility and the Police and Fire -Rescue
Department was there. Commissioner Katz stated the City does not have a training
facility for our firefighters and that is part of the City's Capital Improvement Plan. He
stated the Fire -Rescue Department will have their own facility when the new fire station
gets built. Commissioner Katz stated it gave them an opportunity to showcase
themselves and for the public to see the training that they do.
11.C.4. Vice Mayor Petrolia
Vice Mayor Petrolia stated the Rising Tides Compact will be held in the
Keys and she feels it is important that Delray Beach has representation.
Secondly, Vice Mayor Petrolia stated Joe Gillie is a great man and he will
be missed. Vice Mayor Petrolia stated with respect to City center and the Old School
Square grounds, she inquired why this is going forward. Vice Mayor Petrolia stated this
week she has been receiving numerous calls on both sides; those that are supporting it
(those that are affiliated with the CRA or the Old School Square Board) and those that are
very concerned about it (mainly the outspoken residents that are concerned where the
money is being spent). Vice Mayor Petrolia stated she feels the Commission needs to
make it clear about where they stand on this issue and suggested that this be discussed at
the Goal Setting meeting because it is going to require this Commission to lead it in order
for the people to get behind it.
Mr. Katz concurred with comments expressed by ice Mayor Petrolia and
stated he would like to see for a small discussion at the Goal Setting. Mr. Katz stated the
grass was just replaced before summer and there has been plenty of rain and when
looking at the grass during the day it looks like it is half dead and the City has not even
had the first Green Market. He stated there is an irrigation/drainage problem and the City
needs to find out what is the fundamental problem with that field because that is major
attraction and why is the grass dying only after a few months (i.e. is not being drained,
was it not planted correctly, and is there any recourse). The City Manager stated staff
will look into this.
Brief discussion by the Commission followed with respect to the grass
being ripped out at least once a year. Deputy Vice Mayor Jacquet also suggested that
there be discussing regarding the bathroom area as well. He stated the City made it
abundantly clear that it was not a priority of the Commission, and that the CRA and the
people who support this are moving forward regardless of how the Commission feels or
what the Commission wants. Deputy Vice Mayor Jacquet stated he agrees that Old
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School Square is the center of town, but he would like to know why it is urgent to spend
that much money there right now. After brief discussion, Vice Mayor Petrolia suggested
that the City Commission place this on a Goal Setting Agenda.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 9:20 p.m.
ATTEST:
M,YOR
City Clerk
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on October 20, 2015, which Minutes were formally approved and adopted by the City
Commission on August 16, 2016.
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
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