December 11, 2018 City Commission Regular Minutes FINAL with signature pageTuesday, December 11, 2018
6:00 PM
City of Delray Beach
100 NW 1st Avenue - Delray Beach, Florida 33444
Phone: (561) 243-7000 - Fax: (561) 243-3774
www.mydelraybeach.com
Delray Beach City Hall
City Commission
Mayor Shelly Petrolia
Vice Mayor Adam Frankel
Deputy Vice Mayor Shirley Ervin Johnson
Commissioner Bill Bathurst
Commissioner Ryan Boylston
Minutes - Final
Regular Meeting at 6:00 PM
December 11, 2018City Commission Minutes - Final
1. ROLL CALL
Mayor Petrolia called the Regular City Commission Meeting to order at
6:00 p.m.
The roll call was taken by the City Clerk.
The following were in attendance:
Mayor Shelly Petrolia
Vice Mayor Adam Frankel
Deputy Vice Mayor Shirley Ervin Johnson
Commissioner Bill Bathurst
Commissioner Ryan Boylston
Others present were:
Mark R. Lauzier, City Manager
Lynn Gelin, Interim City Attorney
Katerri Johnson, City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. AGENDA APPROVAL
Lynn Gelin, Interim City Attorney, stated the applicant has requested a
postponement on Item 8.E., Item 9.A., and Item 9.B., the Banyan Cove
matter. Ms. Gelin stated there will be no date certain and the applicant will
have to petition the city when to replace this on the agenda and the
applicant has indicated that any requirements for notice will be paid for by
them.
Deputy Vice Mayor Johnson made a motion to approve the agenda as
amended. It was seconded by Vice Mayor Frankel. A roll call vote was
taken and all were in favor. The motion carried 5-0.
4. PRESENTATIONS:
4.A.18-841 RESOLUTION NO. 154-18: PRESENTING JASMIN ALLEN, SENIOR
PLANNER, WITH RECOGNITION AND COMMENDATION FOR NEARLY
35 YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY
BEACH
Recommendation:Motion to approve Resolution No. 154-18, recognizing and commending
Jasmin Allen, Senior Planner, for nearly 35 years of dedicated service to
Page 1City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
the City of Delray Beach.
Sponsors:Development Services Department
Agenda Cover Report
Resolution 154-18_Jasmin Allen
Attachments:
Tim Stillings, Director of Development Services, recognized and
commended Jasmin Allen, Senior Planner for 35 years of dedicated
service to the City of Delray Beach and presented her with a plaque. Ms.
Allen came forward to accept the plaque and gave a few brief comments.
Mayor Petrolia read Resolution No. 154-18 into the record recognizing and
commending Jasmin Allen, Senior Planner for 35 years of dedicated
service to the City of Delray Beach.
4.B.18-809 PRESENTING DAVID ALMODOVAR AND OCCIDENT BLEUS,
ELECTRICIANS, WITH EMPLOYEES OF THE MONTH FOR DECEMBER
2018
Recommendation:Motion to present David Almodovar and Occident Bleus, Electricians, with
Employees of the Month for December 2018.
Sponsors:Human Resources Department
Agenda Cover Report
NOMINATION FORM FOR ALMODOVAR AND BLEUS
Attachments:
Sharon Liebowitz, Human Resources Director, stated David Almodovar
and Occident Bleus, were both being recognized for Employee of the
Month for December 2018.
Jamael Stewart, Assistant Director of Neighborhood and Community
Services, gave a few brief comments. Occident Bleus, Electrician came
forward to accept this recognition and gave a few brief comments. David
Almodovar, Electrician was not present.
Mayor Petrolia announced that if anyone from the public was here for the
Banyan Cove issue, it has been removed from the agenda.
4.C.18-808 PRESENTATION RECOGNIZING DR. DUFFY, CLINIC PHYSICIAN, FOR
SERVICE AT THE CITY OF DELRAY BEACH EMPLOYEE HEALTH AND
WELLNESS CENTER
Recommendation:Motion to recognition of Dr. Jamira Duffy for her dedication to the
employees and City of Delray Beach from May 2015 through January
2019.
Sponsors:Human Resources Department
Agenda Cover ReportAttachments:
Page 2City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
Sharon Liebowitz, Human Resources Director, introduced Dr. Jamira
Duffy, Clinic Physician and presented her with a plaque for her service at
the Delray Beach Employee Health and Wellness Center. Ms. Liebowitz
stated there will be an Open House for Dr. Duffy on Thursday, December
13, 2018 from 10:00 a.m. until 2:00 p.m. in the First Floor Conference
Room. Dr. Duffy came forward to accept the plaque and gave a few brief
comments.
4.D. Internal Auditor's Report
Julia Davidyan, Internal Auditor, gave a brief presentation regarding the
highlights of the City of Delray Beach Internal Audit Plan for fiscal year
2019.
Commissioner Boylston made a motion to approve the City of Delray
Beach Draft Internal Audit Plan for 2019. It was seconded by Deputy Vice
Mayor Johnson. A roll call vote was taken and all were in favor. The motion
carried 5-0.
4.D.1.18-829 FY2019 DRAFT INTERNAL AUDIT PLAN
Recommendation:Motion to approve the FY2019 Draft Internal Audit Plan.
Agenda Cover Report
FY2019_Internal_Audit_Plan
Attachments:
5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS:
5.A. City Manager’s response to prior public comments and inquiries
The City Manager commented about the boil water precautionary advisory
that occurred Friday and over the weekend. The City Manager stated he is
confident that the utilities department has a good plan and they are working
with the Health Department. He stated staff will address the
communications issues and require maps for these type of things in the
future.
Secondly, the City Manager stated he sent the City Commission a
Workshop schedule for January 2019 and the following items will be
discussed: (1) Transportation Planning Agency Projects, (2) Swinton
Avenue Project, and (3) Trees.
The City Manager reported that staff followed-up with Ms. Gunn's roof
issue.
Page 3City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
5.B. From the Public
6. CONSENT AGENDA: City Manager Recommends Approval
Deputy Vice Mayor Johnson requested that Item 6.B. Resolution No.
155-18 be pulled for discussion. It will become Item 7.A.A. on the regular
agenda.
Mayor Petrolia requested that Item 6.E. and Item 6.G.1.B. be pulled for
discussion. They will be Items 7.B.B. and 7.C.C. on the regular agenda.
Commissioner Boylston made a motion to approve the Consent Agenda
as amended. It was seconded by Commissioner Bathurst. A roll call vote
was taken and all were in favor. The motion carried 5-0.
6.A.18-834 MEETING MINUTES
Recommendation:Motion to approve meeting minutes as listed below.
November 13, 2018 City Commission Workshop Meeting Minutes
Sponsors:City Clerk Department
Agenda Cover Report
11-13-18 City Commission Workshop Meeting Minutes
Attachments:
6.B.18-836 RESOLUTION NO. 155-18: SUPPORTING MUNICIPAL HOME RULE
POWERS
Recommendation:Motion to adopt Resolution No. 155-18; opposing legislative efforts to
impede the constitutional right Florida's citizens have enjoyed for nearly 50
years to govern themselves under municipal home rule powers. Opposing
the legislature's persistent intrusion into local finances, which are
necessary to provide financial stability and essential services uniquely
required by municipal residents and local businesses; directing city
administration to transmit a certified copy of this resolution to the Palm
Beach County League of Cities, the Florida League of Cities and the Palm
Beach County Legislative Delegation.
Sponsors:City Manager Department
Agenda Cover Report
Resolution No. 155-18 Home Rule
Attachments:
Lynn Gelin, Interim City Attorney, read the title of Resolution No. 155-18 into
the record.
Deputy Vice Mayor Johnson is specializing in supporting municipal home
rule and thus the reason she is bringing this resolution forward to support
Page 4City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
local rule.
Commissioner Boylston made a motion to approve Item 7.A.A. (formerly
Item 6.B.). It was seconded by Commissioner Bathurst. The motion
carried 5-0.
approved
6.C.18-842 RESOLUTION NO. 156-18: HISTORIC PROPERTY TAX EXEMPTION
REQUEST FOR 106 SE 7th AVENUE
Recommendation:Motion to Adopt Resolution No. 156-18; approving a historic property tax
exemption request for improvements to the contributing structure and
property located at 106 SE 7th Avenue, based upon positive findings with
respect to LDR Section 4.5.1(J).
Sponsors:Development Services Department
Agenda Cover Report
Resolution 156-18-Tax Exemption-106 SE 7th Avenue
2018-12-05-HPB SR-106 SE 7th Avenue
Attachments:
approved
6.D.18-799 ITEM (A)-(B) - ACCEPTANCE OF A PERPETUAL SIDEWALK
EASEMENT AND RIGHT OF WAY DEED FOR 450 N. SWINTON AVE.
ITEM (C-D) - ACCEPTANCE OF A PERPETUAL SIDEWALK
EASEMENT AND ALLEYWAY DEDICATION FOR 138 SW 11th AVE.
ITEM (E) - ACCEPTANCE OF A PERPETUAL SIDEWALK EASEMENT
FOR 114 NE 9TH ST.
ITEM (F) - ACCEPTANCE OF A PERPETUAL SIDEWALK EASEMENT
FOR 509 OLEANDER LANE.
ITEM (G) - ACCEPTANCE OF A PERPETUAL SIDEWALK EASEMENT
FOR 1021 BROOKS LANE.
ITEM (H) - ACCEPTANCE OF A PERPETUAL SIDEWALK EASEMENTS
FOR 880 NE 7th AVE., 870 NE 7th AVE., 860 NE 7thAVE., 850 NE 7th
AVE., 840 NE 7th AVE., 830 NE 7th AVE., AND 816 NE 7th AVE.
ITEM (I) - ACCEPTANCE OF ALLEYWAY DEDICATION FOR 131 NE
1ST AVE.
ITEM (J) - ACCEPTANCE OF A PERPETUAL SIDEWALK EASEMENT
FOR 512 LAKE DR.
Page 5City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
Recommendation:Item A-B
(A) Motion to approve and accept 4’ of sidewalk easement on N. Swinton
Ave. located at 450 N. Swinton Ave.
(B) Motion to approve and accept 5’ of right of way dedication on N.
Swinton Ave. located at 450 N. Swinton Ave.
Items C-D
(C) Motion to approve and accept 5’ of sidewalk easement on SW 11th
Ave. located at 138 SW 11th Ave.
(D) Motion to approve and accept 2’ of alleyway dedication on SW 11th
Ave. located at 138 SW 11th Ave.
Item E
(E) Motion to approve and accept 5’ of sidewalk easement on NE 9th St.
located at 114 NE 9th St.
Item F Motion to approve and accept 5’ of sidewalk easement on
Oleander Lane located at 509 Oleander Lane.
Item G
Motion to approve and accept 5’ of sidewalk easement on Brooks Lane
located at 1021 Brooks Lane.
Item H
Motion to approve and accept 5’ of sidewalk easements on NE 7th Ave.
located at 880 NE 7th Ave., 870 NE 7th Ave., 860 NE 7th Ave., 850 NE 7th
Ave., 840 NE 7th Ave., 830 NE 7th Ave., and 816 NE 7th Ave.
Item I
Motion to approve and accept 2’ of alleyway dedication on NE 1st Ave.
located at 131 NE 1st Ave.
Item J
Motion to approve and accept 5’ of sidewalk easement on Lake Dr.
located at 512 Lake Dr.
Sponsors:Public Works Department
Page 6City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
Agenda Cover Report
Item (A) PSE 450 N. Swinton Ave.pdf
Item (B)-Right of Way Deed 450 N. Swinton Ave.pdf
Item (A-B)-Exhibit (A) Sketch and Description 450 N. Swinton Ave.pdf
Item (A-B)-Survey 450 N. Swinton Ave.PDF
Item (A-B)-PAPA Page 450 N. Swinton Ave..pdf
Item (A-B)-PAPA Maps 450 N. Swinton Ave..pdf
Item (C)-PSE 138 SW 11th Ave..pdf
Item (C)-Exhibit (A) PSE Sketch and Description 138 SW 11th
Ave..pdf
Item (D) R.O.W Deed 138 SW 11th Ave..pdf
Item (D) Exhibit (A) Sketch and Description 138 SW 11th Ave..pdf
Item (C-D)-Survey 138 SW 11th Ave..PDF
Item (C-D)-PAPA Page 138 SW 11th Ave..pdf
Item (C-D)-PAPA Maps 138 SW 11th Ave..pdf
Item (C-D)-SunBiz Page 138 SW 11th Ave..pdf
Item (E)-PSE 114 NE 9th St.pdf
Item (E)-Exhibit (A) Sketch and Description 114 NE 9th St.pdf
Item (E)-Survey 114 NE 9th St..pdf
Item (E)-PAPA Page 114 NE 9th St..pdf
Item (E)-PAPA Maps 114 NE 9th St.pdf
Item (E)-SunBiz Page 114 NE 9th St..pdf
Item (F)-PSE 509 Oleander Lane.pdf
Item (F)-Exhibit (A) Sketch and Description 509 Oleander Lane.pdf
Item (F)-Survey 509 Oleander Lane.PDF
Item (F)-PAPA Page 509 Oleander Lane.pdf
Item (F)-PAPA Maps 509 Oleander Lane.pdf
Item (F)-SunBiz Page 509 Oleander Lane.pdf
Item (G)-PSE 1021 Brooks Lane.pdf
Item (G)-Exhibit (A) Sketch and Description 1021 Brooks Lane.pdf
Item (G)-Survey 1021 Brooks Lane.pdf
Item (G)-PAPA Page 1021 Brooks Lane.pdf
Item (G)-PAPA Maps 1021 Brooks Lane.pdf
Item (G)-SunBiz Page 1021 Brooks Lane.pdf
Item (H)-PSE's 880, 870, 860, 850, 840, 830, and 816 NE 7th
Ave..pdf
Item (H)-Exhibit (A) Sketch and Description 880, 870, 860, 850, 840,
830, and 816 NE 7th Ave..pdf
Item (H)-Survey 7 on 7th.PDF
Item (H)-PAPA Page 880, 870, 860, 850, 840, 830, and 816 NE 7th
Ave..pdf
Attachments:
Page 7City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
Item (H)-PAPA Maps 880, 870, 860, 850, 840, 830, and 816 NE 7th
Ave..pdf
Item (H)-SunBiz Page 880, 870, 860, 850, 840, 830, and 816 NE 7th
Ave..pdf
Item (I)-Right of Way Deed 131 NE 1st Ave..pdf
Item (I)-Exhibit (A) Sketch and Description 131 NE 1st Ave..pdf
Item (I)-Survey 131 NE 1st Ave.pdf
Item (I)-PAPA Page 131 NE 1st Ave.pdf
Item (I)-PAPA Maps 131 NE 1st Ave..pdf
Item (I)-SunBiz Page 131 NE 1st Ave.pdf
Item (J) PSE 512 Lake Dr.pdf
Item (J) Exhibit (A) Sketch and Legal Description 512 Lake Dr..pdf
Item (J) Survey 512 Lake Dr.pdf
Item (J) PAPA Page 512 Lake Dr.pdf
Item (J) PAPA Maps 512 Lake Dr.pdf
6.E.18-838
INTERLOCAL AGREEMENT BETWEEN THE CITY AND CRA FOR THE
FIRE PREVENTION & LIFE SAFETY CAPTAIN POSITION
Recommendation:Approve the Interlocal Agreement between the City and CRA to fund 100%
of the actual amount expended for the Fire Prevention & Life Safety
Captain position up to $184,061, subject to approval of the City and CRA
budgets for Fiscal Year 2018-19.
Sponsors:Fire Rescue Department
Agenda Cover Report
20181128175817
ILA Fire Prevention Life Safety Captain Position 18-19
Legal Review Checklist form v. 5 ILA with CRA for Fire Prevention and
Life Safety Captain Position
Attachments:
Neal de Jesus, Fire Chief, explained that the Fire Prevention and Life
Safety Captain position is an existing position approved last year;
however, that contract did not come before the City Commission until this
year.
Vice Mayor Frankel made a motion to approve Item 7.B.B. (formerly Item
6.E.). It was seconded by Deputy Vice Mayor Johnson. A roll call vote was
taken and all were in favor. The motion carried 5-0.
6.F. PROCLAMATIONS:
6.F.1.18-791 A PROCLAMATION OF THE HEALTH CARE DISTRICT BOARD OF
COMMISSIONERS TO RECOGNIZE THE THIRTIETH ANNIVERSARY OF
THE ESTABLISHMENT OF THE HEALTH CARE DISTRICT OF PALM
Page 8City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
BEACH COUNTY.
Recommendation:Motion to proclaim November 8, 2018 as the 30th Anniversary of the Health
Care District of Palm Beach County.
Sponsors:City Clerk Department
Agenda Cover Report
30th Anniversary of the Health Care District Proclamation 12-11-18
Attachments:
6.G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
6.G.1.18-828 REPORT OF APPEALABLE LAND USE ITEMS FROM NOVEMBER 5,
2018 THROUGH NOVEMBER 9, 2018.
Recommendation:By motion, receive and file this report.
Sponsors:Development Services Department
Agenda Cover Report
Appealable_Items_Map 18-828
A - 23 S Swinton Ave
B - 8 E. Atlantic Ave - Tin roof
C - 126 SE 7th Ave
D -201 NE 5th Ct
Attachments:
Mayor Petrolia stated she is okay with the sign on the side of the building;
however, she expressed concern over the sign on the awning.
Vice Mayor Frankel made a motion to appeal Item 7.C.C. (Item B - 8 E.
Atlantic Ave/Tin roof only) for a future agenda. It was seconded by Deputy
Vice Mayor Johnson. A roll call vote was taken and all were in favor. The
motion carried 5-0.
6.H. AWARD OF BIDS AND CONTRACTS:
6.H.1.18-811 APPROVAL OF RESOLUTION NO. 140-18 TO AWARD AN
AGREEMENT WITH FORTILINE, INC. AND RESOLUTION NO. 141-18 TO
AWARD AN AGREEMENT WITH FERGUSON ENTERPRISES, INC. FOR
PIPE FITTINGS AND ACCESSORIES UTILIZING CITY OF BOYNTON
BEACH SOLICITATION NO. 037-1412-18/MFD FOR A TOTAL
AGREEMENT VALUE NOT-TO-EXCEED $62,500 THROUGH
OCTOBER 2, 2019
Recommendation:Motion to approve Resolution No. 140-18 to award an agreement with
Fortiline, Inc. and Resolution No. 141-18 to award an agreement with
Ferguson Enterprises, Inc. for pipe fittings and accessories utilizing City of
Boynton Beach Solicitation No. 037-1412-18/MFD for a total agreement
value not-to-exceed $62,500 through October 2, 2019.
Page 9City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
Sponsors:Utilities Department
Agenda Cover Report
P2019-002 Agreement with Fortiline, vendor executed
P2019-002 Agreement with Ferguson, vendor executed
Resolution No. 140-18 with Fortiline CA rev
Resolution No. 141-18 with Ferguson CA rev
Legal Review Checklist form v. 5 Fortiline
Legal Review Checklist form v. 5 Ferguson
037-1412-18MFD Bid
037-1412-18MFD Fortiline Bid Response
037-1412-18MFD Ferguson Bid Response
037-1412-18MFD Boynton Award Letter to Fortiline
037-1412-18MFD Boynton Award Letter to Ferguson
Attachments:
6.H.2.18-816 APPROVAL OF RESOLUTION NO. 142-18 TO AWARD AN
AGREEMENT WITH FORTILINE, INC. AND RESOLUTION NO. 143-18 TO
AWARD AN AGREEMENT WITH FERGUSON ENTERPRISES, INC. FOR
BRASS FITTINGS AND ACCESSORIES UTILIZING CITY OF BOYNTON
BEACH SOLICITATION NO. 040-1412-18/MFD FOR A TOTAL
AGREEMENT VALUE NOT-TO-EXCEED $19,500 THROUGH
OCTOBER 16, 2019
Recommendation:Motion to approve Resolution No. 142-18 to award an agreement with
Fortiline, Inc. and Resolution No. 143-18 to award an agreement with
Ferguson Enterprises, Inc. for brass fittings and accessories utilizing City
of Boynton Beach Solicitation No. 040-1412-18/MFD for a total agreement
value not-to-exceed $19,500 through October 16, 2019.
Sponsors:Utilities Department
Agenda Cover Report
P2019-003 Agreement with Ferguson, vendor executed
P2019-003 Agreement with Fortiline, vendor executed
Resolution No. 142-18 with Fortiline CA rev
Resolution No. 143-18 with Ferguson CA rev
Legal Review Checklist form v. 5 Fortiline brass
Legal Review Checklist form v. 5 Ferguson brass
040-1412-18MFD Bid
040-1412-18MFD Fortiline Response
040-1412-18MFD Ferguson Response
040-1412-18MFD Boynton Award Letter to Fortiline
040-1412-18MFD Boynton Award Letter to Ferguson
Attachments:
Page 10City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
6.H.3.18-801 APPROVAL OF RESOLUTION NO. 144-18 TO AWARD AN
AGREEMENT WITH PRECISION CONTRACTING SERVICES, INC. FOR
FIBER OPTIC ENGINEERING, DESIGN, MATERIAL SUPPLIES AND
INSTALLATION UTILIZING PALM BEACH COUNTY SOLICITATION NO.
18-055/HS FOR A TOTAL AGREEMENT VALUE NOT-TO-EXCEED
$160,000 THROUGH AUGUST 20, 2019
Recommendation:Motion to approve Resolution No. 144-18 to award an agreement with
Precision Contracting Services, Inc. for fiber optic engineering, design,
material supplies and installation utilizing Palm Beach County Solicitation
No. 18-055/HS for a total agreement value not-to-exceed $160,000 through
August 20, 2019.
Sponsors:IT Department
Agenda Cover Report
P2019-004 Agreement, Vendor Executed
Resolution 144-18 Precision Contraction Services - Fiber Cable
Legal Review Checklist Precision Contracting Services - Fiber Cable
18-055HS Bid
18-055HS Addendum No. 1
18-055HS PCS Response
18-055HS Award Letter
Attachments:
6.H.4.18-812 APPROVAL OF RESOLUTION NO. 147-18 TO AWARD A CITY
STANDARD AGREEMENT WITH CITIES DIGITAL, INC. FOR
LASERFICHE PRODUCTS AND SERVICES IN A TOTAL AGREEMENT
VALUE NOT-TO-EXCEED $120,000 THROUGH JUNE 24, 2020
Recommendation:Motion to approve Resolution No. 147-18 to award a city standard
agreement with Cities Digital, Inc. for Laserfiche products and services in a
total agreement value not-to-exceed $120,000 through June 24, 2020.
Sponsors:IT Department
Agenda Cover Report
CS2019-002 Agreement with Cities Digital, vendor executed
Resolution No. 147-18 with Cities Digital CA rev
Legal Review Checklist form v. 5 Cities Digital agreement Laserfiche
City Standard Approval - Cities Digital Through June 24, 2020
Attachments:
6.H.5.18-790 APPROVAL OF RESOLUTION NO. 148-18 AWARD OF AGREEMENT
WITH BLUE MARLINS INVESTMENTS, INC. d/b/a CAYCO Landscaping
FOR LANDSCAPE MAINTENANCE IN A NOT-TO-EXCEED AMOUNT
Page 11City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
OF $123,003 PER CONTRACT TERM
Recommendation:Motion to award a three year Agreement with Blue Marlins Investments, Inc.
d/b/a Cayco Landscaping for Landscaping Maintenance Bid No. 2018-052
in the not-to-exceed amount of $123,003 for the Agreement term and to
authorize the City Manager to exercise any and all renewal options.
Sponsors:Purchasing Department and Public Works Department
Agenda Cover Report
ITB 2018-052 Landscape Maintenance - revised 9.11.18
ITB 2018-052 Cayco Landscaping Proposal
Legal Review Checklist form v. 5 Blue Marlins Investments
Resolution No. 148-18 CA rev
Blue Marlins Investments, Inc Agreement
Attachments:
6.H.6 18-796 RESOLUTION NO. 149-18 TO APPROVE A PIGGYBACK AGREEMENT
WITH ADVANCED DATA SOLUTIONS, INC.UTILIZING THE CITY OF
FORT LAUDEDALE AGREEMENT FOR SCANNING, INDEXING,
IMAGING AND MEDIA CONVERSION SERVICES.FOR A
NOT-TO-EXCEED AMOUNT OF $219,000
Recommendation:Motion to approve Resolution No. 149-18 for a not-to-exceed amount
$219,000 to Advanced Data Solutions, Inc. utilizing the City of Fort
Lauderdale Agreement for scanning, indexing, imaging and media
conversion and to authorize the City Manager to exercise any and all
renewal options.
Sponsors:Purchasing Department and City Clerk Department
Agenda Cover Report
Resolution No. 149-18 Advanced Data Solutions, Inc. CA rev
Exhibit 3 - Advanced Data Solutions Proposal
Legal Review Checklist form v. 5 Advanced Data Solutions
Advanced Data Solutions, Inc. Agreement
Attachments:
6.H.7.18-824 APPROVAL OF RESOLUTION NO. 151-18 TO AWARD AN
AGREEMENT TO DP DEVELOPMENT OF THE TREASURE COAST,
LLC TO PERFORM STORMWATER INFRASTRUCTURE
CONSTRUCTION UTILIZING THE CITY OF WEST PALM BEACH
AWARDED CONTRACT FROM ITB NO. 13-14-407 IN A
NOT-TO-EXCEED AMOUNT OF $300,000.
Recommendation:Motion to approve Resolution No. 151-18 to award an agreement to DP
Development of the Treasure Coast, LLC to perform stormwater
infrastructure construction utilizing the City of West Palm Beach contract
ITB Solicitation No. 13-14-407 in a not-to-exceed amount of $300,000.
Sponsors:Purchasing Department and Public Works Department
Page 12City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
Agenda Cover Report
DP Development CAO Legal Review Checklist
DP Development Resolution
DP Development Piggyback CAO
DP Development CWPB Master Contract for Utility Construction.._ (2)
Attachments:
6.H.8.18-827 APPROVAL OF RESOLUTION NO. 152-18 WITH SPATIAL FOCUS, LLC,
AS A SOLE SOURCE PROVIDER TO PERFORM SPECIALIZED
SERVICES REGARDING DEVELOPMENT OF A FUNCTIONAL
MASTER ADDRESS REPOSITORY (MAR) IN A NOT-TO-EXCEED
AMOUNT OF $86,750.
Recommendation:Motion to approve Resolution No. 152-18 to award an agreement to
Spatial Focus, LLC, to perform specialized services regarding addressing
and development of a functional Master Address Repository (MAR) in a
not-to-exceed amount of $86,750.
Sponsors:Purchasing Department and Planning & Zoning Department
Agenda Cover Report
Spatial Focus LLC Legal Review Checklist
Spatial Focus Proposal
Spatial Focus Resolution
Spatial Focus Purchase Agreement
Attachments:
7. REGULAR AGENDA:
7.A.18-833 DISCUSSION REGARDING AGREEMENT WITH OUTFRONT MEDIA,
INC.
Recommendation:Motion to authorize the City Manager to execute an agreement between
Outfront Media, Inc. and the City of Delray Beach, to relocate billboards
pursuant to the direction provided by the City Commission and to take all
actions necessary to effectuate the agreement.
Sponsors:City Attorney Department
Agenda Cover Report
Outfront Media Delray Proposal to Delray Beach - September 2018
Attachments:
Neil Schiller, 515 N. Flagler Drive, Suite #1400, West Palm Beach,
representing Outfront Media, gave a brief presentation.
A brief discussion between Interim City Attorney Lynn Gelin and the City
Commission ensued regarding the term of the lease and stated the ground
lease where the billboard would be placed is for 30 years and this would be
consistent with their underlining lease. Ms. Gelin stated any future renewals
would have to be mutually agreed to and staff can add language that six
Page 13City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
months prior to the expiration of the agreement, the parties would need to
meet to determine the renewal period and any terms thereof.
Lynn Gelin, Interim City Attorney, requested that the motion indicate that the
City Manager be authorized to execute the agreement and any other
additional documents so the agreement does not have to come back
before the City Commission.
Vice Mayor Frankel made a motion to approve the agreement with Outfront
Media, Inc. for a 30-year term and that the City Manager be authorized to
execute the agreement and any other additional documents. It was
seconded by Deputy Vice Mayor Johnson. A roll call vote was taken and
all were in favor. The motion carried 5-0.
7.B.18-837 ALWAYS DELRAY COMPREHENSIVE PLAN UPDATE:
PRESENTATION OF THE COASTAL MANAGEMENT ELEMENT
Recommendation:Provide comment and direction regarding the proposed Coastal
Management Element of the Always Delray Comprehensive Plan.
Sponsors:Development Services Department
Agenda Cover Report
CME DIA
CME GOPS
MAP_CME-1_Coastal_High_Hazard_Area
MAP_CME-2_CHHA_EXLU
MAP_CME-3_FEMA_Flood_Zones
MAP_CME-4_WaterRelatedUses
MAP_CME-5_CHHA_and_Historic
MAP_CME-6_CHHA_and_Evac_Routes
MAP_CME-7_Sea_Level_Rise
Current Coastal Management Element
Attachments:
Tim Stillings, Director of Development Services, gave a brief presentation
on Item 7.B. and Item 7.C.
Commissioner Boylston made a motion to approve Item 7.B. It was
seconded by Vice Mayor Frankel. A roll call vote was taken and all were in
favor. The motion carried 5-0.
7.C.18-840 ALWAYS DELRAY COMPREHENSIVE PLAN UPDATE:
PRESENTATION OF THE CONSERVATION, SUSTAINABILITY AND
RESILIENCY ELEMENT
Recommendation:Provide comment and direction regarding the proposed Conservation
Resiliency and Sustainability Element of the Always Delray Comprehensive
Page 14City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
Plan.
Sponsors:Development Services Department
Agenda Cover Report
DIA -CSR
CSR GOPS
MAP_CSR-1_Conservation_Areas
MAP_CSR-2_Flood_Zones
MAP_CSR-3_Sea_Level_Rise
MAP_CSR-4_Wellfield_Protection_Areas
CSR_2018 Statutes Chart
Attachments:
Vice Mayor Frankel made a motion to approve Item 7.C. It was seconded
by Commissioner Boylston. A roll call vote was taken and all were in favor.
The motion carried 5-0.
7.D.18-831 NOMINATIONS FOR APPOINTMENT TO THE CODE ENFORCEMENT
BOARD
Recommendation:Motion to approve nominations for appointment of two (2) regular members
to serve on the Code Enforcement Board for three (3) year terms ending
January 14, 2022 and one (1) alternate member to serve an unexpired term
ending January 14, 2022.
Sponsors:City Clerk Department
Agenda Cover Report
Exhibit A
Code Enforcement Board Member List
Code Enforcement Board Attendance List
Code Enforcement Board Applications
Attachments:
Mayor Petrolia nominated Robert Resnick to the Code Enforcement
Board. It was seconded by Vice Mayor Frankel. A roll call vote was taken
and all were in favor. The motion carried 5-0.
Vice Mayor Frankel nominated Samuel Spears to the Code Enforcement
Board. It was seconded by Deputy Vice Mayor Johnson. A roll call vote
was taken and all were in favor. The motion carried 5-0.
Commissioner Bathurst nominated Michael Schiff to the Code
Enforcement Board. It was seconded by Deputy Vice Mayor Johnson. A
roll call vote was taken and all were in favor. The motion carried 5-0.
7.E.18-832 NOMINATION FOR APPOINTMENT TO THE PLANNING AND ZONING
BOARD
Page 15City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
Recommendation:Motion to approve nomination for appointment of one (1) regular member
to serve an unexpired term ending August 31, 2020.
Sponsors:City Clerk Department
Agenda Cover Report
Exhibit A - Revised
Planning & Zoning Board Member List
Planning and Zoning Board Attendance List
Planning & Zoning Board Applications
Attachments:
Vice Mayor Frankel nominated Julen Blankenship to the Planning and
Zoning Board. It was seconded by Deputy Vice Mayor Johnson. A roll call
vote was taken and all were in favor. The motion carried 5-0.
8. PUBLIC HEARINGS:
8.A.18-805 RESOLUTION NO. 150-18/FIRE ASSESSMENT FEE
Recommendation:Motion to approve Resolution No. 150-18
Sponsors:Fire Rescue Department
Agenda Cover Report
Res 150-18 re collection of non advalorem assessments
FY 2020 Fire Assessment Study - Draft Report
Fire Protection Assessment Preliminary Results Presentation
Attachments:
Lynn Gelin, Interim City Attorney, read the title of Resolution No. 150-18 into
the record.
Neal de Jesus, Fire Chief, gave a few brief comments.
The City Manager gave a brief explanation of this item.
Eric Vanmalssen, Consulting Manager with Stantec, gave a brief
presentation on the Fire Protection Study Preliminary Results.
Mayor Petrolia declared the public hearing open.
Dr. Joseph Provenzano, 1921 S.W. 36th Avenue, Delray Beach,
expressed concern over the fire assessment fee affecting the small
businesses and about the cost being passed along to residents.
John Brewer, 501 N.W. 13th Street, Delray Beach, briefly commented on
the fire assessment fee and urged the City Commission to reconsider this.
Bryce Sartory, Government Affairs Director for the Realtors of the Palm
Page 16City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
Beaches and Greater Fort Lauderdale who resides at 122 S.E. 5th
Avenue, Apt. "D", Delray Beach, spoke on behalf of their 30,000 members
and 1,355 members that live and work in Delray Beach. He urged the City
Commission to vote "no" on Resolution No. 150-18 and not proceed with
Phase II of the Fire Assessment Fee Study. He stated because
Amendment #1 failed, the City will not see its ad valorem tax decrease and
recent market trends suggest that the city will see an increase in property
tax revenue. Mr. Sartory entered emails into the record in opposition of the
fire assessment fee.
Christina Morrison, 2809 Florida Boulevard, Delray Beach, stated the tax
rolls will increase by several millions of dollars from construction going on in
the city every year and noted that this impacts a homeowner exactly the
same as it would impact a mansion home. She urged the City
Commission to deny this fire assessment fee.
Ronald Gilinksy, 1405 S. Federal Highway, Delray Beach, stated this fire
assessment fee has been discussed since 2012 and this money will help
to buy new equipment for the fire department and the dollars can be utilized
by Community Emergency Response Team (CERT).
There being no one else from the public who wished to speak on
Resolution No. 150-18, Mayor Petrolia closed the public hearing.
A brief discussion by the City Commission ensued.
A brief discussion between the City Manager and the City Commission
followed.
Commissioner Boylston moved to approve and move forward with the Fire
Assessment Fee (Resolution No. 150-18). It was seconded by Vice Mayor
Frankel. A roll call vote was taken and the motion carried a vote of 3 to 2
with Mayor Petrolia and Commissioner Bathurst dissenting.
approved
8.B.18-825 APPROVAL OF FY17-18 CONSOLIDATED ANNUAL PERFORMANCE
EVALUATION REPORT
Recommendation:Motion to approve the 2017-2018 Consolidated Annual Performance and
Evaluation Report required by the United States Housing and Urban
Development (HUD) for utilization of federal grant funds.
Sponsors:Community Improvement
Page 17City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
Agenda Cover Report
CAPER 111918
IDIS Generated Reports
Attachments:
Ferline Mesidort, Neighborhood Services Administrator, gave a brief
presentation.
Vice Mayor Frankel made a motion to approve the 2017-2018
Consolidated Annual Performance and Evaluation Report. It was
seconded by Deputy Vice Mayor Johnson. A roll call vote was taken and
all were in favor. The motion carried 5-0.
approved
8.C.18-810 ORDINANCE NO. 30-18: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED MIXED RESIDENTIAL, OFFICE
AND COMMERCIAL (MROC) DISTRICT TO SPECIAL ACTIVITIES
DISTRICT (SAD) DISTRICT; AMENDING SECTION 4.4.25 (H) OF THE
LAND DEVELOPMENT REGULATIONS TO ADD THE 1690-2350
SOUTH CONGRESS AVENUE SAD; SAID LAND LYING GENERALLY
ON THE WEST SIDE OF CONGRESS AVENUE BETWEEN OLD
GERMAN TOWN ROAD AND THE DELRAY OAKS NATURAL AREA TO
THE SOUTH; AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING THE “CITY OF DELRAY BEACH, ZONING MAP, JUNE 29,
2017”; PROVIDING A CONFLICTS CLAUSE; AND A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES. (SECOND READING/SECOND PUBLIC HEARING)
ALONG WITH A WAIVER FROM LAND DEVELOPMENT REGULATION
4.4.25(D) TO WAIVE THE REQUIREMENT THAT A SITE PLAN BE PROCESS
CONCURRENTLY WITH THE SAD ORDINANCE. (QUASI-JUDICIAL - TO BE
CONSIDERED PRIOR TO 2ND READING AND ADOPTION OF ORDINANCE
NO. 30-18)
Recommendation:Move to approve Ordinance No. 30-18 for the privately-initiated rezoning
from MROC (Mixed Residential Office and Commercial) to SAD (Special
Activities District) with a Master Development Plan (MDP) for 1690-2350
South Congress Avenue, by adopting the findings of fact and law contained
in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets the criteria set forth in
LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning
Actions), 2.4.5(F)(6), and 2.4.5(D)(5)(Rezoning Findings), subject to the
following conditions:
1.That the traffic issues identified by the Palm Beach County Traffic
Engineering Division are addressed and a finding of concurrency be
provided prior to consideration of the rezoning request by the City
Page 18City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
Commission.
(Condition satisfied, Letter from Palm Beach Co Traffic attached;
recommend revising condition to require conditions outlined in PBC
Traffic letter)
2.That the sewer capacity issue be resolved prior to consideration of the
rezoning request by the City Commission.
(Status of the condition will be reported at the meeting)
3.That the proposed development standards be revised to require the
tandem parking spaces be attended by a valet operator during the
hours of operation of the commercial components only.
(Condition satisfied)
4. That the Master Development Plan be revised to include an internal
road (one-way or two-way) between the residential apartments and
“The Annex” park or an expanded sidewalk that accommodates
emergency services. At a minimum the sidewalk must be one-way,
nine feet wide to accommodate emergency vehicle access and
multi-modal pathway.
(If approved and adopted by the City Commission, the MDP will be
modified to reflect the referenced road.)
Move to approve the waiver to LDR Section 4.4.25(D), which requires a
SAD rezoning be accompanied by a site development plan to be
approved by the SPRAB (Site Plan Review and Appearance Board)
prior to adoption of the rezoning, based on positive findings with LDR
Section 2.4.7(B)(5), to allow the Master Development Plan (MDP) to be
approved by the City Commission and subsequent site plans,
consistent with the adopted MDP, to be approved by SPRAB. Please
note that this action needs to occur prior to action on the second
reading of the SAD rezoning ordinance.
Sponsors:Development Services Department
Agenda Cover Report
Clean-10-24-2018-Ord 30-18
1690-2350 South Congress Avenue Site_Final Staff Report for P&Z
meeting 10.05.18.
180616 - 1690-2350 South Congress Avenue 10-18-18
Waiver Board Order City Commission
Attachments:
Tim Stillings, Director of Development Services, entered the project file
#2018-176 into the record.
Ms. Bonnie Miskel, Attorney representing the applicant and developers,
Page 19City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
gave a brief presentation regarding the project. Ms. Miskel stated staff has
agreed to condition #2 upgrade to lift station 50.
Mayor Petrolia read the City of Delray Beach Quasi-Judicial rules into the
record.
Mayor Petrolia stated if anyone from the public would like to speak in favor
or in opposition of the waiver, to stand and be sworn in.
The City Clerk swore in those individuals who wished to give testimony on
this item.
Mayor Petrolia asked the City Commission to disclose their ex parte
communications. Deputy Vice Mayor Johnson stated that she spoke to
some of the developers. Commissioner Boylston stated he had a
conversation with Scott Porten today regarding condition #5. Vice Mayor
Frankel stated he had a meeting with Mr. Milmoe yesterday.
Commissioner Bathurst stated he spoke to some of the applicants (Scott
Porten). Mayor Petrolia stated she has had meetings with the majority of
the individuals that are developing the property. The City Commission
stated that all previous ex parte communications that have been disclosed
for this item are included for this item as well.
Mr. Stillings gave a brief presentation and stated the conditions of approval
are being proposed to be modified as presented. Mr. Stillings stated the
Planning and Zoning Board has reviewed and recommend approval.
Mayor Petrolia stated if anyone from the public would like to speak on the
waiver, to come forward at this time.
Nelson "Woodie" McDuffie, 2364 S.W. 35th Avenue, Delray Beach
(Oakmont), expressed concern over what will happen if only the residential
part of this project is built and then the developer decides to walk away
without completing the rest of the project.
Dr. Joseph Provenzano, 1921 S.W. 36th Avenue, Delray Beach
(Oakmont), stated he appreciates the developer making only right-hand
turns coming off their property onto Old Germantown Road to abate the
traffic going westbound. Secondly, Dr. Provenzano commented about the
speeding along Old Germantown Road and suggested that the speed limit
be reduced to 35 mph and install round-abouts to help slow down the
traffic. Lastly, Dr. Provenzano suggested that the City beautify Old
Germantown Road and stated he would like to see the sidewalk finished all
the way on both sides at Hammock Park/Oak Park because the bike trail is
utilized by many residents.
Page 20City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
Alan Lohen (sp?), resident of Delray Beach (Oakmont), expressed concern
over the specifics of the project and what is actually going to be built.
Mitch Katz, 1618 W. Classical Boulevard, Delray Beach, questioned why
the waiver is even necessary if the developer knows what is being built on
this property. Mr. Katz expressed that the community wants to know exactly
what is going to be built on this piece of property and what the timeline is.
Peter Matrale, 2800 Hampton Circle E., Delray Beach (Andover), urged the
City Commission to put behind all the resources that they can to mitigate
the traffic problem.
Christina Morrison, 2809 Florida Boulevard, Delray Beach, stated this is a
good project and she supports the development plan.
There being no one else from the public who wished to address the City
Commission regarding the waiver, public comment was closed.
There was no cross-examination or rebuttal.
Ms. Miskel stated these owners are committing to pay for and build in their
first phase all of the infrastructure.
A brief discussion by the City Commission ensued.
A brief discussion between Mr. Stillings, the City Commission, and Ms.
Miskel followed.
The City Attorney briefly reviewed the Board Order with the City
Commission. All were in favor of the Board Order with the exception of
Mayor Petrolia who voted no and did not support it.
Vice Mayor Frankel made a motion to approve the Board Order approving
a waiver to the rezoning be granted to Special Activities District (SAD). It
was seconded by Commissioner Boylston. A roll call vote was taken and
the motion carried a vote of 4 to 1 with Mayor Petrolia dissenting.
Vice Mayor Frankel made a motion to approve Ordinance No. 30-18 with
the conditions #1-5 as noted in the presentation. It was seconded by
Deputy Vice Mayor Johnson. A roll call vote was taken and all were in
favor. The motion carried 5-0.
Page 21City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
approved
8.D.18-830 ORDINANCE NO. 31-18: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH BY AMENDING CHAPTER 4, “ZONING
REGULATIONS”, ARTICLE 4.4, “BASE ZONING DISTRICT”, SECTION
4.4.13, “CENTRAL BUSINESS DISTRICT”, TABLE 4.4.13(A),
“ALLOWABLE USES AND STRUCTURES IN THE CBD
SUB-DISTRICTS”, TO ALLOW AUTOMATED PARKING GARAGES AS A
SECONDARY STREET USE IN THE RAILROAD CORRIDOR
SUB-DISTRICT OF THE CENTRAL BUSINESS DISTRICT; AMENDING
SUBSECTION 4.4.14(C)(4), “SUPPLEMENTAL USE STANDARDS”, BY
ADDING STANDARDS AND REGULATIONS FOR AUTOMATED
PARKING GARAGES; AND, AMENDING APPENDIX A, “DEFINITIONS”,
BY ADDING A DEFINITION FOR “PARKING GARAGE, AUTOMATED”;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE,
AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (1st
READING/PUBLIC HEARING)
Recommendation:Motion to approve Ordinance No. 31-18, a privately-initiated amendment to
the Land Development Regulations amending Section 4.4.13, “Central
Business District, Table 4.4.13 (A), “Allowable Uses and Structures in the
CBD Sub-Districts”, to allow Automated Parking Garages as a secondary
street use in the Railroad Corridor Sub-District of the CBD; amending
Subsection 4.4.14(c)(4), “Supplemental Use Standards”, by adding
standards and regulations for Automated Parking Garages; and, amending
Appendix A, “Definitions”, by adding a definition for “Parking Garage,
Automated.” by adopting the findings of fact and law contained in the staff
report and finding that the amendment and approval thereof is consistent
with the Comprehensive Plan and meets the criteria set forth in LDR
Section 2.4.5(M).
Sponsors:Development Services Department
Agenda Cover Report
PZB Staff Report_Ord No 31-18
09-14-18 Submitted Request
Renderings of Proposed Garage
Ord No 31-18_Automated Parking
Attachments:
Lynn Gelin, Interim City Attorney, read the title of the ordinance.
Tim Stillings, Director of Development Services, entered the project file
#2018-210 into the record.
The applicant gave a brief presentation.
Page 22City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
A.J. Jenkins, Vice President for City Lift, gave a brief presentation
regarding semi and fully automated parking systems. Mr. Jenkins stated
the proposal is for a stand alone parking facility that is 52 spaces taking up
approximately 2,200 square feet.
Tim Stillings, Director of Development Services, gave a brief presentation
regarding the definition of automated parking garages and expressed that
this would allow for a multi-level facility. The Planning and Zoning Board
recommended approval with changes (no backout parking) that were
made. Staff recommends approval of the ordinance.
Mayor Petrolia declared the public hearing open. There being no one from
the public who wished to address the City Commission regarding
Ordinance No. 31-18, the public hearing was closed.
A brief discussion between the applicant and the City Commission
followed.
A brief discussion between Mr. Stillings and the City Commission
continued.
It was the consensus of the City Commission to just propose trying this on
the north side of the railroad corridor and see how this works out. Mr.
Stillings stated currently there is no distinction between the north and south
portions of the railroad corridor; however, he stated staff can look into this.
Vice Mayor Frankel made a motion to approve Ordinance No. 31-18. It
was seconded by Deputy Vice Mayor Johnson. A roll call vote was taken
and all were in favor. The motion carried 5-0.
approved
8.E.18-835 ORDINANCE NO. 27-18: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING INTO THE
CITY OF DELRAY BEACH, THREE (3) PARCELS OF LAND LOCATED
ON THE EAST SIDE OF BARWICK ROAD IMMEDIATELY SOUTH OF
LAKE WORTH DRAINAGE DISTRICT L-30 CANAL, INFORMALLY
KNOWN AS BANYAN COVE, WITH THE SAME BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS HEREIN,
COMPRISING APPROXIMATELY 6.68± ACRES IN SIZE AND SITUATED
CONTIGUOUS TO THE EXISTING MUNICIPAL LIMITS OF THE CITY OF
DELRAY BEACH; PROVIDING FOR INCLUSION OF THESE THREE (3)
PARCELS INTO THE CITY AND A REDEFINITION OF THE CITY
BOUNDARIES PURSUANT TO SUB-SECTION 171.044(2), FLORIDA
STATUTES; PROVIDING FOR CONFORMANCE WITH ALL VOLUNTARY
ANNEXATION PROCEDURES AS SET FORTH IN SECTION 171.044,
Page 23City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
FLORIDA STATUTES; PROVIDING FOR FILING WITH PALM BEACH
COUNTY AND THE DEPARTMENT OF STATE; PROVIDING A
CONFLICTS CLAUSE; AND A SEVERABILITY CLAUSE, PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND
READING/PUBLIC HEARING)
Recommendation:Move to approve on First Reading, Ordinance No. 27-18, annexing
three parcels of land located on the east side of Barwick Road,
immediately south of the Lake Worth Drainage District L-30 Canal, by
adopting the findings of fact and law contained in the staff report, and
finding that the request and approval thereof is consistent with F.S.
171.044, in that the property is contiguous to the City, reasonably
compact and does not create an enclave; consistent with the
Comprehensive Plan, and meets the criteria setforth in Sections 2.4.5
(C) of the Land Development Regulations.
Sponsors:Development Services Department
Agenda Cover Report
Annexation Ordinance No. 27-18
BanyanCove-Aerial Map
Survey
Planning Area Map
PZ Board Staff Report
Letters of Opposition
City Attorney's Office Approval Memorandum
Attachments:
9. FIRST READINGS:
9.A 18-802 ORDINANCE NO. 28-18: AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,
ADOPTING A SMALL-SCALE FUTURE LAND USE MAP
AMENDMENT FOR THREE (3) PARCELS OF LAND KNOWN AS
BANYAN COVE, AND RE-DESIGNATING SAID LAND FROM PALM
BEACH COUNTY MEDIUM DENSITY RESIDENTIAL 5 UNITS PER
ACRE (MR-5) TO CITY OF DELRAY BEACH MEDIUM DENSITY
RESIDENTIAL 5-12 DU/AC (MD), PURSUANT TO THE PROVISIONS
OF THE “COMMUNITY PLANNING ACT”, FLORIDA STATUTES
SECTION 163.3187, SAID LAND IS LOCATED ON THE EAST SIDE
OF BARWICK ROAD, AND IMMEDIATELY SOUTH OF LAKE
WORTH DRAINAGE DISTRICT L-30 CANAL, AND WHICH
MEASURES APPROXIMATELY 6.68± ACRES, AS MORE
PARTICULARLY DESCRIBED HEREIN, PROVIDING A CONFLICTS
CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES. (FIRST
READING)
Page 24City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
Recommendation:Move to approve on First Reading, Ordinance No. 28-18, for the small
scale Future Land Use Map (FLUM) Amendment re-designating from
Palm Beach County Medium Density Residential 5 du/ac (MR-5) to City
Medium Density Residential 5-12 du/ac (MD); for the subject property, by
adopting the findings of fact and law contained in the staff report, and
finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in Sections 2.5.5(A)
and 3.1.1 of the Land Development Regulations.
Sponsors:Development Services Department
Agenda Cover Report
Ord. No. 28-18
Banyan Cove Aerial Map
Banyan Cove FLUM Map
PZB Staff Report - Banyan Cove
Planning Area Map
Neighborhood Categorization Map
Table L-6 Land Use Designation/Zoning Matrix
Palm Beach County Traffic Performance Standard letter
Survey
Public Comments 11-30-18
Attachments:
9.B.18-803 ORDINANCE NO. 29-18: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND
RE-DESIGNATING PORTIONS OF LAND PRESENTLY ZONED PALM
BEACH COUNTY AGRICULTURAL RESIDENTIAL (AR) DISTRICT, IN
PART, AND RESIDENTIAL HIGH (RH) DISTRICT, IN PART, TO CITY OF
DELRAY BEACH MEDIUM DENSITY RESIDENTIAL DISTRICT (RM-8),
FOR ALL THREE (3) PARCELS OF LAND KNOWN AS BANYAN
COVE, LOCATED ON THE EAST SIDE OF BARWICK ROAD,
IMMEDIATELY SOUTH OF LAKE WORTH DRAINAGE DISTRICT L-30
CANAL, AND WHICH MEASURES APPROXIMATELY 6.68± ACRES,
AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "CITY
OF DELRAY BEACH, ZONING MAP, JUNE 29, 2017"; PROVIDING A
CONFLICTS CLAUSE; AND A SEVERABILITY CLAUSE; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (FIRST
READING)
Recommendation:Move to approve on First Reading, Ordinance No. 29-18, re-designating
the zoning district from Palm Beach County Agricultural Residential (AR)
in part and Residential High (RH) in part and establishing a City zoning of
Medium Density (RM-6) Residential 6 units per acre, for the subject
property, by adopting the findings of fact and law contained in the staff
report, and finding that the request and approval thereof is consistent with
Page 25City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
the Comprehensive Plan and meets the criteria set forth in Sections
2.4.5(D)(5), 3.1.1, and 3.2.2 of the Land Development Regulations.
Sponsors:Development Services Department
Agenda Cover Report
Banyan Cove Aerial
Ord. No. 29-18
Banyan Cove Zoning Map
PZB Staff Report - Banyan Cove
Neighborhood Categorization Map
Table L-6 Land Use Designation/Zoning Matrix
Palm Beach County Traffic Performance Standard letter
Survey
Public Comments 11-30-18
Attachments:
10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
10.A. City Manager
The City Manager read a letter into the record from Coach Jackson.
Secondly, the City Manager stated newly elected Palm Beach County
Commissioner Robert Weinroth requested 5 minutes on a February
agenda to introduce himself and offer his services.
Lastly, the City Manager stated he and Mayor Petrolia met with
Resiliency Florida. The City Manager stated based upon direction at
the budget meeting and discussions by the City Commission in prior
meetings, staff is going to join this organization as a resource for the
sustainability office.
10.B. City Attorney
Lynn Gelin, Interim City Attorney, wished everyone a Happy Holiday.
10.C. City Commission
Commissioner Boylston commented about the seagrape trimming.
Secondly, Commissioner Boylston commented about the City
Commission meeting time change and stated he has received
feedback both pro and con. He suggested to continue with the trial
period for the meetings to start at 4:00 p.m. and continue to get
feedback from the community. Commissioner Boylston expressed
concern with the Veteran's Park pickleball courts because of the noise.
The City Manager stated at the January Workshop there is a CIP
update and staff will add this as a discussion topic. Commissioner
Page 26City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
Boylston stated he was in an education meeting with representatives for
the district on the staff level and the school board level. In New York
there is a program to improve school attendance and if a student does
not go to school they receive a recorded telphone call from professional
athletes. Commissioner Boylston suggested that this kind of program
be looked into for Delray Beach. Lastly, Commissioner Boylston stated
"Screen on the Green" will be held on Saturday, December 15th at Old
School Square where a 4-story movie screen is put up and a free movie
is shown for the community. He stated this year instead of a toy drive
they will be doing a shoe drive called "Flicks for Kicks".
Deputy Vice Mayor Johnson commented about the City Manager's
evaluation date.
The City Attorney clarified that the City Manager's contract with the City
of Delray Beach states the City Manager's first evaluation should have
been completed by May 31, 2018 and then annually thereafter. The City
Attorney stated the Local Rules provide for an evaluation for the City
Attorney and City Manager during the month of June. The City Attorney
explained that her email to the City Commission was if the May 31,
2018 evaluation was satisfied and they wished to amend the Local
Rules at the Annual Organizational Meeting in March 2019, she does
not believe there will be an issue.
Deputy Vice Mayor Johnson commented she would like to amend the
evaluation form that was given to the City Commission by the City
Manager and add language "that you have completed all the
evaluations for your direct employees." Deputy Vice Mayor Johnson
stated since the City Commission is evaluating the City Manager
one-on-one, once the evaluation is done is there some way the City
Commission can have the same matrix as was done for the Executive
Director of the Community Redevelopment Agency (CRA).
The City Attorney stated if the City Manager's May 3, 2018 Annual
Performance Evaluation has not been completed, she would encourage
those who have not done it yet to do so.
Commissioner Boylston stepped away from the dais briefly.
Vice Mayor Frankel thanked Suzanne Davis and everyone involved with
the Holiday Parade. He stated the parade was amazing. He also
commented with respect to Mr. Cox's accusations that when the City
Commission took over the Community Redevelopment Agency (CRA)
Board, they took out the anti-semitism that was around. Lastly, Vice
Mayor Frankel wished everyone a great rest of the year.
Page 27City of Delray Beach Printed on 2/12/2019
December 11, 2018City Commission Minutes - Final
Deputy Vice Mayor Johnson thanked everyone who has made this
holiday spectacular.
Commissioner Boylston returned to the dais.
Commissioner Bathurst commented about the beach and the Dune
Maintenance Program and stated the City Commission needs to revisit
this again. He stated the parade was great and Project Holiday was
fantastic. He also thanked the City Manager for placing the Swinton
Avenue Project on the Workshop Meeting for January. Lastly,
Commissioner Bathurst commended Marjorie Craig and her staff with
respect to the boil water notice.
Mayor Petrolia stated there were 150 native trees planted this weekend
at Village Academy by Community Greening. She stated the Holiday
Boat Parade and the Employee Christmas Party are both on Friday,
December 14, 2018. Mayor Petrolia stated she was told that Delray
Beach had the best Menorah Lighting ever followed by the best street
parade ever. Mayor Petrolia commented about Project Holiday and
stated 359 boxes were packed to mail overseas for the troops. She
thanked Delores Rangel, Dave Smith, Johnnie Castro, Kelli Freeman,
and others for their support. Mayor Petrolia stated Mingle Jingle was
great. Lastly, Mayor Petrolia announced that on Thursday, December
13, 2018 they will hold an Advisory Board Cocktail Party at the Cornell
Museum.
There being no further business to discuss, Mayor Petrolia adjourned
the meeting at 10:54 p.m.
Page 28City of Delray Beach Printed on 2/12/2019
•
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the IJ.ft1 /18 Meeting of the City
Commission held on /J. /11/Ja , which Minutes were formally approved and
adopted by the City Commission on ,:.&~ s:, 2o l C:, .
~µ~
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.