01-10-2017 City Commission MeetingTuesday, January 10, 2017
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
Minutes - Final
Regular Meeting at 6:00 PM
January 10, 2017City Commission Minutes - Final
1. ROLL CALL
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 6:00 p.m., on Tuesday, January 10, 2017
Roll call showed:
Present:
Commissioner Shelly Petrolia
Deputy Vice-Mayor Mitch Katz
Vice Mayor Jordana Jarjura
Mayor Cary Glickstein
Absent:
None
Also present were:
Neal deJesus, Interim City Manager
Max Lohman, City Attorney
Chevelle D. Nubin, City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. PRESENTATIONS:
3.A.17-044 PRESENTATION FROM THE SCHOOL DISTRICT OF PALM BEACH
COUNTY SOUTH REGIONAL OFFICE REGARDING PINE GROVE
ELEMENTARY SCHOOL
Sponsors:Community Improvement
Mr. Neal deJesus, Interim City Manager, introduced Acting Fire Chief Keith
Tomey. Chief Tomey gave brief comments. Mayor Glickstein welcomed
Chief Tomey and provided brief comments.
Ms. Jamie Wyatt introduced Ms. Shanta King as the new principal of Pine
Grove Elementary School. Ms. King gave brief comments.
Mayor Glickstein welcomed Ms. King on behalf of the City Commission.
4. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS:
Mr. de Jesus, Interim City Manager, spoke regarding the First Responders
Week Proclamation the city received yesterday via email.
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January 10, 2017City Commission Minutes - Final
4.A. City Manager's response to prior public comments and inquiries
Mr. de Jesus had no outstanding comments from the last meeting.
4.B. From the Public
Public Comments:
1. Mr. Bob Lewandowsky spoke regarding Federal Highway.
2. Ms. Marjorie Walden spoke regarding the Arts Garage and introduced
the staff.
3. Mr. Steve Blum spoke regarding the election.
4. Ms. Pauline Moody spoke regarding developers and contractors. She
also spoke regarding staff.
5. Ms. Bruce Bastian spoke regarding the Bike Share program item on the
Consent Agenda and stated he is representing Human Powered Delray
(HPD).
6. Mr. Hugh Garvey spoke regarding Federal Highway.
7. Mr. Kevin Warner stated he is speaking against the requested extension
for Delray Place and elections.
8. Mrs. Yvonne Odom thanked those who spoke on her behalf to be
appointed to Seat #2. She stated the city has always had a communication
piece and spoke regarding politics. She stated she is disappointed in what
happened with the seat.
9. Mr. Lewis Andrews spoke regarding traffic on Lake Ida road and Village
Academy.
10. Mr. Gabriel Lewis spoke regarding his company and the help that has
been provided by Little Caesar's Pizza at his events.
11. Mr. Albert Richwagen spoke regarding the Bike Share Program.
12. Mr. Ari Whiteman stated for the last five years he has observed the City
Commission and feels that the vision of the city has been lost. He asked
the City Commission to get it together.
13. Mr. Jason Bregman spoke regarding the Bike Share program and
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January 10, 2017City Commission Minutes - Final
commented regarding Delray Place.
14. Mr. Kevin Homer stated he is on the Code Enforcement Board and
discussed the appointment.
15. Mr. Martin Cherry discussed the delay regarding the Delray Place
appeal.
16. Ms. Justina Boughton stated she owns the Colony Hotel and discussed
Federal Highway and the Bike Share program and where the stations
would be located on Atlantic Avenue.
17. Ms. Kelli Freeman spoke regarding Delray Place South and asked that
it not be postponed.
18. Ms. Christina Morrison spoke regarding Delray Place and discussed
the area that is not being maintained. She also spoke regarding the Bike
Sharing program.
19. Mr. James Quillien spoke about a code enforcement issue and
commended Mr. Coleman for great work. He stated he would like a review
of how code enforcement and community improvement is relayed to the
neighborhoods.
20. Mr. Ron Gilinsky spoke regarding the traffic on South Federal Highway
and speeding on North Federal Highway and stated there is no
enforcement there.
21. Mr. Gerry Franciosa spoke regarding the Delray Place extension.
22. Mr. Douglas Hawk spoke regarding the Beacon Plat.
23. Mr. Odie Botson (sp) stated he echoes what Mr. Hawk just spoke about
regarding Beacon Plat and stated having a through road would be very
disruptive.
24. Ms. Linda Amstead (sp) spoke regarding the Beacon Plat.
25. Mr. Phil Colnon stated he is in favor of the approval of the Beacon Plat
but stated his concern is the direction that was given by the Planning and
Zoning Board regarding traffic calming and stated this was not added to
the plat design. He discussed the road.
26. Ms. Amy ? spoke regarding the Beacon Plat, the tree and stated she
does not want a through street.
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January 10, 2017City Commission Minutes - Final
There being no further request, Mayor Glickstein closed public comments.
5. AGENDA APPROVAL.
Mr. de Jesus stated staff requests that Items 7.A.1. and 7.A.6. be pulled
from the agenda and Items 6.A. moved to 7.A.A., Item 6.C. moved to Item
7.B.B. and Item 6.J. moved to Item 7.C.C. In addition, Mayor Glickstein
requested that Item 10.A.1. be moved to the beginning of the Regular
Agenda.
approved as amended
Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 -
6. CONSENT AGENDA: City Manager Recommends Approval
approved as amended
Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 -
6.A.17-038 CERTIFICATION OF THE FINAL PLAT FOR BEACON PLAT
Recommendation:Motion to Certify the Final Plat for the Beacon Plat, by adopting the
findings of fact and law contained in the staff report, and finding that the
request is consistent with the Comprehensive Plan and meets criteria set
forth in Land Development Regulations Section 2.4.5(J)(Major
Subdivisions), Section 3.2.3 (Standards for Plat Actions) and Section 3.1.1
(Required Findings).
Sponsors:Planning & Zoning Department
Beacon Plat - Complete Staff Report with Attachments - 12-19-16Attachments:
Mr. Stillings presented this item.
Vice Mayor Jarjura stated concerns have been raised about this and
commented regarding the parameters of the plat approval that the City
Commission has to operate under. She asked Mr. Lohman to discuss
purview.
Mr. Lohman explained plat approvals.
Vice Mayor Jarjura spoke regarding the plat approval, the tree and the
suggestions/configurations sent in by Mr. Jefferson.
Commissioner Petrolia spoke regarding the plat change to five lots from
four lots.
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January 10, 2017City Commission Minutes - Final
Mr. Stillings discussed the current and proposed layouts and a
conversation he had with Mr. Marc Julien.
Mayor Glickstein asked where exactly is the tree.
Michael Weiner, on behalf of Michael J. Sebastian, Jr., spoke regarding
the plat.
Mayor Glickstein asked what is the mechanism beyond the plat process
that will resolve this-will the tree remain forever. He also commented
regarding ingress and egress.
Vice Mayor Jarjura spoke regarding neighborhood streets.
Commissioner Katz asked the City Attorney to explain the plat approval.
approved
Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 -
6.B.17-043 APPROVAL OF HISTORIC DEPOT SQUARE CERTIFICATION OF FINAL
PLAT
Recommendation:Motion to Certify the Final Plat for Historic Depot Square Replat, by
adopting the findings of fact and law contained in the staff report, and
finding that the request is consistent with the Comprehensive Plan and
meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section
3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1
(Required Findings for Land Use and Land Development Applications) of
the Land Development Regulations).
Sponsors:Planning & Zoning Department
Depot Square Apartments location map
Depot Square Apartments Aerial
Historic Depot Square Replat - Plat revised 11-17-16
Historic Depot Square Replat - Survey revised 11-17-16
Planning and Zoning Board Certification of Final Plat Report
Attachments:
6.C.17-004 APPROVAL OF RANKING AND AUTHORIZATION TO ENTER INTO
NEGOTIATIONS FOR A BICYCLE SHARING PROGRAM
Recommendation:Motion to Approve the ranking of responses and authorize staff to enter into
negotiations for an Agreement for a Bicycle Sharing Program.
Sponsors:Purchasing Department
2017-003 Bike Sharing Program (Complete)
2017-003 Scoring Summary-FINAL
Attachments:
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January 10, 2017City Commission Minutes - Final
Theresa Webb, Purchasing Director, presented this item and stated
purchasing recommends approval.
Vice Mayor Jarjura explained why she pulled this item and stated she had
alot of the same concerns that the community and business owners raised.
She stated when she pulled the proposal it answered alot of her questions.
Javier ?, Environmental Services Department, spoke regarding the item.
Vice Mayor Jarjura encouraged staff to work with Human Powered Delray
regarding this program.
Javier discussed his previous experience with the development of a bike
share program.
Deputy Vice Mayor Katz asked about helmets.
Commissioner Petrolia spoke regarding bike to auto incidents and stated
she feels the city is moving on this too soon and commented regarding the
stations.
Mr. John Morgan, Environmental Services Director, discussed the program
and the priorities that were previously set by the City Commission.
Mayor Glickstein stated he is skeptical and referenced other programs. He
stated he likes the idea of starting small. He stated he appreciates the
work.
approved
Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 -
6.D.17-007 AMENDMENT TO EXTEND THE AGREEMENT WITH BJCE, INC. FOR
MUNICIPAL GOLF CLUB AND LAKEVIEW GOLF CLUB MANAGEMENT
Recommendation:Motion to Approve an amendment to extend the Agreement with BJCE, Inc.
for Municipal Golf Club and Lakeview Golf Club Management Agreement
for thirty days through January 31, 2017.
Sponsors:Purchasing Department
Amendments GolfAttachments:
6.E.17-009 AMENDMENT TO EXTEND THE AGREEMENT WITH DUBIN &
ASSOCIATES, INC. FOR DELRAY BEACH MUNICIPAL TENNIS
CENTER AND DELRAY SWIM AND TENNIS CLUB MANAGEMENT
Page 6City of Delray Beach Printed on 5/17/2017
January 10, 2017City Commission Minutes - Final
Recommendation:Motion to Approve an amendment to extend the Agreement with Dubin &
Associates, Inc. for Delray Beach Municipal Tennis Center and Delray
Swim and Tennis Club Management Agreement for sixty days through
February 28, 2017.
Sponsors:Purchasing Department
DUBIN & ASSOCIATESAttachments:
6.F.17-010 AMENDMENT TO EXTEND THE AGREEMENT WITH JCD SPORTS
GROUP, INC. FOR CONSULTING SERVICES FOR THE CITY OF
DELRAY BEACH TENNIS CENTER
Recommendation:Motion to Approve an amendment to extend the Agreement with JCD
Sports Group, Inc. for sixty days through February 28, 2017 for Consulting
Services to develop strategies to attract special events, for event
management, and to assist in the development of additional revenue
sources for the City of Delray Beach Tennis Center Agreement.
Sponsors:Purchasing Department
JCD SPORTS GROUPAttachments:
6.G.17-065 APPROVAL OF THE FIRST ADDENDUM TO THE EMPLOYMENT
AGREEMENT WITH NEAL DEJESUS
Recommendation:Motion to Approve the First Addendum to the employment agreement with
Neal DeJesus for the position of Interim City Manager of the City of Delray
Beach.
First Addendum to Employment Agreement Dated 11222016 (Interim
CM)
Attachments:
6.H.17-019 RATIFICATION OF AN EMERGENCY PURCHASE TO SOUTHERN
SEWER EQUIPMENT SALES FOR THE REPLACEMENT OF THE
DEBRIS TANK ON VACCON SEWER VAC TRUCK #6185
Recommendation:Motion to Ratify an emergency purchase to Southern Sewer Equipment
Sales in the amount of $32,126.65 for the replacement of the debris tank
on VacCon sewer truck #6185, assigned to the ESD Storm Water
Maintenance Department.
Sponsors:Purchasing Department
Acquisition Approval to Southern Sewer Equipment Sales - replace
debris tank on VacCon sewer vac trcuk #6185
Attachments:
6.I.17-023 REJECT ALL BIDS FOR ITB 2017-017 SAFETY SUPPLIES
Recommendation:Motion to Reject all bids received in response to ITB 2017-017 for safety
supplies for the City Central Warehouse inventory.
Sponsors:Purchasing Department
Page 7City of Delray Beach Printed on 5/17/2017
January 10, 2017City Commission Minutes - Final
2017-017 Tab Sheet
2017-017 ITB
2017-017 Addendum No. 1
2017-017 Addendum No. 2
Attachments:
6.J.17-026 AMENDMENT NO. 1 TO SERVICE AUTHORIZATION 12-07 TO KIMLEY-
HORN AND ASSOCIATES, INC. FOR THE EAST ATLANTIC AVENUE
MEDIAN AND CROSSWALKS PROJECT.
Recommendation:Motion to approve Amendment No. 1 to Service Authorization No. 12-07
with Kimley-Horn and Associates, Inc. in the amount not-to-exceed $15,643
for additional professional engineering services related to the East Atlantic
Avenue Median and Crosswalks Project (Project No. 14-008).
Sponsors:Environmental Services Department
12-07.1 KHA
KHA SA 12-07
Location_Map_Venetian Gleason
Attachments:
Mr. Morgan presented this item.
Commissioner Petrolia discussed sidewalks and permeable surfaces.
Vice Mayor Jarjura commented regarding infrastructure plan.
approved
Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 -
6.K.17-027 APPROVAL OF AN AGREEMENT WITH OFFICE DEPOT, INC.
UTILIZING THE STATE OF FLORIDA CONTRACT NO. 618-000-11-1
Recommendation:Motion to Approve an Agreement with Office Depot, Inc. for office supplies
through April 17, 2017 in an amount not-to-exceed $75,000 utilizing the
State of Florida Term Contract No. 618-000-11-1.
Sponsors:Purchasing Department
Contract 618-000-11-1
Best Price Certification
Attachments:
6.L 17-041 PURCHASE AGREEMENT TO HD SUPPLY WATERWORKS, LTD. FOR
PIPE, VALVES, AND FITTINGS
Recommendation:Motion to award an annual purchase agreement to HD Supply Waterworks,
LTD. in a not-to-exceed amount of $65,000 for Pipe, Valves, and Fittings.
Sponsors:Purchasing Department
Page 8City of Delray Beach Printed on 5/17/2017
January 10, 2017City Commission Minutes - Final
2017-023 Bid Tabulation
2017-023 Price Comparison
2017-023 Complete ITB
2017-023 Addendum No. 1
2017-023 Addendum No. 2
2017-023 Addendum No. 3
Attachments:
6.M.17-016 PALM BEACH COUNTY INFORMATION SYSTEMS SERVICES NON-AD
VALOREM ASSESSMENT SUPPORT SERVICES INTERLOCAL
AGREEMENT
Recommendation:Motion to Approve an interlocal agreement with Palm Beach County to
utilize the County's Information Systems Services Department to calculate
the annual non-ad valorem tax role for the City of Delray Beach Stormwater
Utility.
Sponsors:Environmental Services Department
Interlocal Agreement for Assignment of Property Data and
Development of Annual Assessments for Palm Beach County Non-Ad
Valorem Districts (February 9, 2016)
EXHIBIT 1 Non-Ad Valorem Assessment Support Services
Attachments:
6.N.17-067 RESOLUTION NO. 02-17
Recommendation:Motion to Approve Resolution No. 02-17 regarding the March 14, 2017
First Non-Partisan Election.
Res 02-17 Calling for Election 03142017Attachments:
6.O. PROCLAMATIONS:
6.O.1.17-072 Martin Luther King, Jr. Day - Proclamation
Sponsors:City Clerk Department
MARTIN LUTHER KING JR. DAY 2017Attachments:
Mayor Glickstein read the proclamation into record.
6.O.2 17-066 CALLING FOR THE FIRST NON-PARTISAN ELECTION TO BE HELD ON
MARCH 14, 2017
Recommendation:Proclamation calling for the Delray Beach First Non Partisan Election to be
held on March 14, 2017.
ELECTION PROCLAMATIONAttachments:
6.P.17-037 REPORT OF APPEALABLE LAND USE ITEMS NOVEMBER 26, 2016
THROUGH DECEMBER 9, 2016
Page 9City of Delray Beach Printed on 5/17/2017
January 10, 2017City Commission Minutes - Final
Recommendation:
Motion to receive and file this report.
Sponsors:Planning and Zoning Board
Location Map .pdf
Wheels From the Heart 12212016
D&B Tile 12212016
SilverBall Museum 12212016
Seaglass Cottages - Appealable Report
Seaglass Cottages CLV - SPRAB Report - 11-30-16.pdf
231 NE 1st Avenue Appealable Report.pdf
218 NE 5th Court Demolition Appealable Report.pdf
Attachments:
6.Q. AWARD OF BIDS AND CONTRACTS:
6.Q.1. None
7. REGULAR AGENDA:
7.A.17-073 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)
Approved Items 7A2 and 7A5
Items 7A3 and 7A4 were pulled for questions.
approved as amended
Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 -
7.A.1.17-001 AWARD OF AGREEMENT TO CDM SMITH, INC. IN AN ANNUAL
AMOUNT NOT-TO-EXCEED $250,000 FOR CITY-WIDE PROJECT
MANAGEMENT SERVICES
Recommendation:Motion to Award a one year Agreement to CDM Smith, Inc. in an annual
not-to-exceed amount of $250,000.for City-wide Project Management
Services.
Sponsors:Purchasing Department
2016-111C - Agreement no expense reimb
Project List
Attachments:
7.A.2.17-020 PURCHASE AWARD TO HUB CITY FORD-MERCURY, INC. FOR THE
PURCHASE OF THREE FORD F-150 4X2 PICKUP TRUCKS AND ONE
(1) FORD F-250 PICKUP TRUCK
Page 10City of Delray Beach Printed on 5/17/2017
January 10, 2017City Commission Minutes - Final
Recommendation:Motion to Approve a purchase award to Hub City Ford-Mercury, Inc. for
three Ford F-150 4x2 pickup trucks (Specification #49) and one Ford
F-250 pickup truck (Specification #55) for the Water and Sewer
Department in the amount of $98,915.30 utilizing the Florida Sheriff's
Association Contract #FSA16-VEL24.0.
Sponsors:Purchasing Department
FSA16-VEL24.0_Bid_Document_9-30-162
FSA Contract Spec. 49 Ford F-150 4x2
Hub City Quote F-250
Hub City Quote F-150
FSA Contract Spec. 55 Ford F-250 4x2
FSA 2017 Vehicle Bid Award System - Light Bid Award Summary
Attachments:
7.A.3.17-021 AWARD OF AN AGREEMENT TO FOSTER MARINE CONTRACTORS,
INC. FOR THE CONSTRUCTION OF THE SE 2ND STREET AND SE
2ND AVENUE STREETSCAPE IMPROVEMENTS PROJECT.
Recommendation:Motion to Approve the award of an agreement to Foster Marine
Contractors, Inc. in the amount of $1,664,396 for the SE 2nd Street and SE
2nd Avenue Streetscape Improvements (Project No.2013-020).
Sponsors:Purchasing Department
2017-011 ITBC - SE 2nd Street Improvements Complete
Foster Marine Contractors, Inc.
ITBC 2017-011 Detailed Tabulation Sheet - SE 2nd Street
Improvements
Location Map
Award to Foster Marine Memo Recomendation
2017-011, Agreement with Foster Marine Contractors, Inc
Attachments:
Commissioner Petrolia asked questions regarding the pavers.
Mr. Morgan explained the project.
approved
Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 -
7.A.4.17-022 AWARD OF AN AGREEMENT TO LINE-TEC, INC. IN THE AMOUNT NOT
TO EXCEED $191,000 UTILIZING THE CITY OF BOYNTON BEACH
CONTRACT
Recommendation:Motion to Approve an Agreement with Line-Tech, Inc. utilizing the City of
Boynton Beach Contract Bid No. 050-2821-13/JMA in an amount
not-to-exceed $191,000 for connecting utility customers to the recently
completed area 12B reclaimed water system (Project No. 17-018).
Sponsors:Purchasing Department
Page 11City of Delray Beach Printed on 5/17/2017
January 10, 2017City Commission Minutes - Final
Line-Tec_Boynton_Bid_2013_2017
Best Price Guarantee 20161202
Quote
Agreement, Line-Tech-signed
Attachments:
Commissioner Petrolia commented regarding the costs.
Mr. Morgan explained water quality for irrigation uses and costs.
approved
Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 -
7.A.5.17-028 AGREEMENT WITH HINTERLAND GROUP, INC. FOR SANITARY
SEWER AND STORMWATER REHABILITATION AND
INFRASTRUCTURE REPAIRS (PROJECT NO. 2017-052) UTILIZING THE
CITY OF WEST PALM BEACH CONTRACT NO. 16-293
Recommendation:Motion to Approve an Agreement through September 21, 2018 with
Hinterland Group, Inc. in a not-to-exceed annual amount of $275,000,
utilizing the City of West Palm Beach Contract No. 16293 for Sanitary
Sewer and Stormwater Rehabilitation and Infrastructure Repair.
Sponsors:Purchasing Department
WPB_Hinterland Sanitary Sewer Signed Contract
Best Price Letter_Hinterland
Excecuted by Hinterland
Attachments:
7.A.6.17-030 AWARD OF AN AGREEMENT TO WEST ARCHITECTURE + DESIGN,
LLC FOR ARCHITECTURAL CONSULTING SERVICES FOR DELRAY
BEACH RAILWAY STATION IN A NOT-TO-EXCEED AMOUNT OF
$148,690
Recommendation:Motion to Award an Agreement to West Architecture + Design, LLC for
Architectural Consulting Services for Delray Beach Railway Station in a
not-to-exceed amount of $148,690.
Sponsors:Purchasing Department
2016-081C - ADDENDUM 1
2016-081C - Consulting Services Delray Beach Railroad Station
Addendum 2 with Plans
Agreement for Train Depot Consulting Services (r1)
Attachments:
7.B.17-015 APPROVAL TO EXECUTE A GRANT AGREEMENT WITH THE
COUNCIL FOR EDUCATION CHANGE BENEFITING CARVER MIDDLE
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January 10, 2017City Commission Minutes - Final
SCHOOL
Recommendation:Motion to Approve the Mayor's execution of a new grant agreement
between the City of Delray Beach and the Council for Educational Change
for the Partnership to Advance School Success (PASS) Agreement, and
acknowledge the matching grant dollars will need to be encumbered in FY
2018 as outlined in the agreement.
Sponsors:Community Improvement
PASS Grant Agreement
PASS Grant Application
Attachments:
Ms. Janet Meeks, presented this item. Kiwana Alexander-Prophete,
Principal of Carver Middle School, discussed the PASS and AVID
programs at her school. She discussed the development of a feeder
program into Atlantic Community High School and an upcoming project
with Shanta King, Principal of Pine Grove Elementary school. She
discussed the school's grade. She asked the City Commission to consider
the reallocation of funding.
Commissioner Petrolia stated she wanted to understand why the school
went from a letter C to a letter D.
Vice Mayor Jarjura stated she supports this and provided comments.
Deputy Vice Mayor Katz asked about the match.
Mayor Glickstein elaborated on the program.
Dr. Elaine Liften (sp) spoke regarding the Annenberg Challenge (sp) and
introduced Dr. Geneva Woodard.
approved
Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 -
7.C.17-036 THIRD AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE
CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION /
PROFESSIONAL SERVICES FOR CAPITAL PROJECTS - FY
2015-2016.
Recommendation:Motion to Approve the Third Amendment to the Interlocal Agreement (ILA)
between the City and the Community Redevelopment Agency (CRA) to
provide for changes in the amount to 2015-2016 projects listed in Exhibit
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January 10, 2017City Commission Minutes - Final
'A' to the Original Agreement.
Sponsors:Environmental Services Department
Original Amendment Interlocal Agreement Between City of Delray
Beach and CRA for Funding Construction-Professional Services
First Amendment Interlocal Agreement Between City of Delray Beach
and CRA for Funding Construction-Professional Services
Second Amendment Interlocal Agreement Between City of Delray
Beach and CRA for Funding Construction-Professional Services
Third Amendment Interlocal Agreement Between City of Delray Beach
and CRA for Funding Construction-Professional Services
Attachments:
Mr. Morgan presented this item.
approved
Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 -
7.D.17-040 RESOLUTION NO. 01-17: LOCAL AGENCY PROGRAM AGREEMENT
(LAP) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) FOR THE NE 2ND AVENUE / SEACREST BEAUTIFICATION
PHASE 1 PROJECT.
Recommendation:Motion to Adopt Resolution No. 01-17; and consider approval to execute
the Local Agency Program Agreement with the Florida Department of
Transportation for the funding of the NE 2nd Avenue Beautification Phase 1
(Project No. 14-071).
Sponsors:Environmental Services Department
1 LAP Agreement
2 Exhibit A
3 Exhibit B
4 Exhibit C
4 Exhibit C.1
5 Exhibit E
6 Exhibit F
8 Exhibit 1
9 Federal Aid Funding request1
Resolution 01-17 Local Agency Agreement - FDOT
Attachments:
Mr. Morgan presented this item.
approved
Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 -
7.E.17-003 NOMINATION FOR APPOINTMENT TO THE POLICE ADVISORY BOARD
Recommendation:Motion to Approve a nomination for appointment for one (1) regular
member to serve on the Police Advisory Board for an unexpired term
ending July 31, 2018.
Page 14City of Delray Beach Printed on 5/17/2017
January 10, 2017City Commission Minutes - Final
Sponsors:City Clerk Department
Police Advisory Board Member List
Police Advisory Board Attendance List
Attachments:
Nominated Anthony Rivera and approved, 4-0.
approved
Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 -
7.F.17-005 NOMINATIONS FOR APPOINTMENT TO THE CODE ENFORCEMENT
BOARD
Recommendation:Motion to Approve nominations for appointment for one (1) regular member
to serve on the Code Enforcement Board for a three (3) year term ending
January 14, 2020 and for one (1) regular member to serve an unexpired
term ending January 14, 2018.
Sponsors:City Clerk Department
Exhibit A
Code Enforcement Board Member List
Code Enforcement Board Attendance List
Attachments:
Deputy Vice Mayor Katz nominated Ross Freeman and it was approved,
4-0.
Vice Mayor Jarjura nominated Ron Gilinsky. The motion was ultimately
withdrawn.
Vice Mayor Jarjura nominated Lea DeRigne and it was approved, 4-0.
7.G.17-006 NOMINATION FOR APPOINTMENT TO THE PLANNING AND ZONING
BOARD
Recommendation:Motion to Approve a nomination for appointment of one (1) regular
member to serve on the Planning and Zoning Baord for an unexpired term
ending August 31, 2017.
Sponsors:City Clerk Department
Exhibit A
Planning & Zoning Board Member List
Planning and Zoning Board Attendance List
Attachments:
This appointment was deferred. The City Commission asked that this
appointment be advertised in the paper with the ten day application rule
waived and set to come back before the City Commission at the February
7, 2017 Regular Meeting.
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January 10, 2017City Commission Minutes - Final
7.H.17-071 RATIFICATION OF APPOINTMENT TO THE BOARD OF TRUSTEES
FOR THE FIREFIGHTERS' RETIREMENT SYSTEM
Recommendation:Motion to Ratify the appointed member to the Board of Trustees for the
Firefighters' Retirement System.
Sponsors:City Clerk Department
approved
Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 -
8. PUBLIC HEARINGS:
8.A.17-013 ORDINANCE NO. 36-16: 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; ARTICLE 4.4, “BASE ZONING DISTRICT”, SECTION 4.4.9
“GENERAL COMMERCIAL (GC) DISTRICT”, SECTION 4.4.11
NEIGHBORHOOD COMMERCIAL (NC) DISTRICT”, SECTION 4.4.12
“PLANNED COMMERCIAL (PC) DISTRICT”, SECTION 4.4.13 “CENTRAL
BUSINESS DISTRICT (CBD)” ,SECTION 4.4.15 “PLANNED OFFICE
CENTER (POC) DISTRICT”, SECTION 4.4.16 “PROFESSIONAL AND
OFFICE (POD) DISTRICT”, SECTION 4.4.17 “RESIDENTIAL OFFICE
(RO) DISTRICT”, SECTION 4.4.18 “PLANNED COMMERCE CENTER
(PCC) DISTRICT”, SECTION 4.4.19 “MIXED INDUSTRIAL AND
COMMERCIAL (MIC) DISTRICT”, SECTION 4.4.26 “LIGHT INDUSTRIAL
(LI) DISTRICT”, AND SECTION 4.4.29 “MIXED RESIDENTIAL, OFFICE
AND COMMERCIAL (MROC) DISTRICT” TO ALLOW NEV
TRANSACTIONS LIMITED TO OFFICES ONLY WITH NO INVENTORY
ON SITE FOR ANY PURPOSE; AMENDING SECTION 4.4.10
“AUTOMOTIVE COMMERCIAL (AC) DISTRICT” TO INCLUDE NEV WITH
RECREATIONAL VEHICLES; AMENDING APPENDIX “A”
“DEFINITIONS” TO DEFINE THE TERMS “NEIGHBORHOOD ELECTRIC
VEHICLE (NEV)” AND “NEV TRANSACTIONS” MAKING OTHER
TECHNICAL CHANGES; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE. (SECOND
READING)
Recommendation:Motion to Approve Ordinance No. 36-16 regarding the inclusion of
Neighborhood Electric Vehicle (sales, lease or rental) offices in
commercial zoning districts currently permitted offices.
Sponsors:Planning & Zoning Department
Ordinance No. 36-16
Plan Zoning Board Staff Report November 21, 2016
Attachments:
Commissioner Petrolia declared a conflict of interest and left the dais.
Mr. Max Lohman, City Attorney, read the caption of the ordinance.
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January 10, 2017City Commission Minutes - Final
Mr. Tim Stillings, Planning, Zoning and Building Director, presented the
item.
Public Comment:
Ms. Christina Morrison spoke regarding this item.
Mayor Glickstein asked if staff has looked into the concerns as expressed
by Ms. Morrison.
Mr. Stillings stated staff looked at it as office uses.
Vice Mayor Jarjura stated no one is allowed to house vehicles at the site.
approved
Yes:Mayor Glickstein, Jarjura, and Commissioner Katz3 -
Abstain:Petrolia1 -
9. FIRST READINGS:
9.A.17-051 ORDINANCE NO. 01-17: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER
91, “ANIMALS”, BY REPEALING SECTION 91.18, “RETAIL SALE OF
DOGS AND CATS” AND READOPTING SAME, AS REVISED IN ORDER
TO REQUIRE PERMITS FOR ADOPTION EVENTS, PROVIDING THAT
EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 91. SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (FIRST
READING)
Recommendation:Motion to Adopt Ordinance No. 01-17, amending section 91.18 in order to
limit the number of adoption events that may be hosted by a pet store.
Such events shall now require a permit prior to hosting an adoption event. If
passed, a public hearing will be held on January 24, 2017.
Sponsors:City Attorney Department
Ord 01-17 amending Retail Sale of Dogs and CatsAttachments:
City Attorney Lohman read the caption of the ordinance and presented this
item.
City Attorney Lohman will reach out to have concerns addressed.
approved on first reading
Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 -
Page 17City of Delray Beach Printed on 5/17/2017
January 10, 2017City Commission Minutes - Final
9.B.17-042 ORDINANCE NO. 02-17: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS, BY AMENDING APPENDIX “A”,
“DEFINITIONS”, TO PROVIDE UPDATED DEFINITIONS FOR “MEDICAL
OFFICE”, “NON-RESIDENTIAL LICENSED SERVICE PROVIDER”,
“RESIDENTIAL LICENSED SERVICE PROVIDER”, AND DELETING THE
OBSOLETE DEFINITION OF “SUBSTANCE ABUSE”; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE. (FIRST READING)
Recommendation:Motion to Approve Ordinance No. 02-17 on First Reading, as presented. If
passed, a public hearing will be held on January 24, 2017.
Sponsors:Planning & Zoning Department
Ordinance No. 02-17
PZB staff report Dec 19 2016 - Definitions Update
Attachments:
City Attorney Lohman read the caption of the ordinance.
Mr. Tim Stillings presented this item.
Ms. Terrill Pyburn was present for questions.
approved on first reading
Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 -
9.C.17-034 ORDINANCE NO. 03-17: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS, BY AMENDING SECTION 2.4.7(G),
“REQUESTS FOR ACCOMMODATION”; SUBSECTIONS (1),
“PURPOSE”, (5), “NOTICE OF PROPOSED DECISION”, (6), “APPPEAL”,
AND (8), “REQUEST FORM FOR REASONABLE ACCOMMODATION”,
TO UPDATE AND CLARIFY SAME; ENACTING A NEW SUBSECTION
2.4.7(G)(10), “RECERTIFICATION” TO PROVIDE FOR ANNUAL
RECERTIFICATION OF REASONABLE ACCOMMODATIONS;
ENACTING A NEW SUBSECTION 2.4.7(G)(11), “SEVERABILITY” TO
PROVIDE FOR SEVERABILITY; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.(FIRST
READING)
Recommendation:Motion to Approve Ordinance No. 03-17 on First Reading, as presented. If
passed, a public hearing will be held on January 24, 2017.
Sponsors:Planning & Zoning Department
Page 18City of Delray Beach Printed on 5/17/2017
January 10, 2017City Commission Minutes - Final
Ord 03-17 Reasonable Accommodation Request Process 12.20.16
Reasonable Accommodation Request Form-revised with owners
consent 12.20.16
RAR Plan Zoning Brd staff report Dec 2016 Final 12-9
Attachments:
City Attorney Lohman read the caption of the ordinance.
Ms. Tim Stillings presented this item.
Mayor Glickstein stated it was nice to see Terrill Pyburn back and asked
her to speak regarding the progress that has been made in this area.
Ms. Pyburn spoke regarding the ordinance and Mr. Lohman spoke
regarding the timeframe. He stated that there will be a brief special
meeting after the workshop meeting next week.
Mayor Glickstein stated the city is going about this methodically and
carefully and referenced the joint statement.
Deputy Vice Mayor Katz thanked Coconut Creek for allowing Ms. Pyburn to
work on this for us.
Ms. Pyburn thanked the City Commission for asking her to work on this with
the city. Mr. Lohman stated this was wise move of the City Commission to
retain her services on this.
approved on first reading
Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 -
10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
10.A. City Manager
Mr. deJesus stated he has heard the comments regarding the Bike
Sharing program loud and clear and will work with Mr. Lohman
regarding this.
10.A.1.17-078 Postponement of Delray Place South Appeal
Sponsors:City Manager Department
Applicant letter for postponementAttachments:
Commissioner Petrolia returned to the dais.
Mr. deJesus stated this letter was received prior to his becoming
Interim City Manager and he added it to the agenda so that it could be
provided to the City Commission.
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January 10, 2017City Commission Minutes - Final
Mr. Lohman provided comments regarding the letter. He stated it is at
the City Commission's pleasure as to whether they grant an extension
or not.
Mayor Glickstein asked the City Attorney to explain his comments
regarding the extension.
Commissioner Petrolia asked that Mr. Lohman speak to the de novo
review.
Commissioner Katz spoke regarding a previous extension that was
granted.
Discussion ensued by the City Commission regarding the extension.
It was the decision of the City Commission to deny the extension.
denied
Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 -
10.B. City Attorney
Mr. Lohman responded regarding the inspector general lawsuit. He
stated the lawsuit was won and discussed the appeal timeline.
Commissioner Petrolia asked what will that mean to the Inspector
General's office.
Discussion ensued regarding the Inspector General's Office.
10.C. City Commission
Deputy Vice Mayor Katz discussed the emails received regarding Lake
Ida and asked that staff analyze if and where a traffic light will benefit the
area. He discussed his coffee with the Commissioner will be held at
Saltwater Brewery tomorrow night.
Vice Mayor Jarjura asked if the March 7, 2017 meeting date can be
changed to March 1, 2017. This date was approved by the City
Commission.
Vice Mayor Jarjura asked about tree preservation and Mr. Stillings
provided an update. She also asked about the executive golf course
and repurposing of that golf course into to a multi use park. Deputy Vice
Mayor Katz asked about more data regarding the usage of both golf
courses. It was the consensus of the City Commission to obtain more
data regarding the golf courses.
Page 20City of Delray Beach Printed on 5/17/2017
January 10, 2017City Commission Minutes - Final
Commissioner Petrolia wished everyone a happy new year. She
mentioned the garbage cans in the Osceola Park area and asked when
the pedicab issue will be brought before the Commission. She also
commented regarding responses she has received from Mr. deJesus
and stated they include dates as to when the Commission can expect
for certain things to be done. She commended Mr. deJesus regarding
the fire trucks and assignments of cars versus trucks and stated she is
really happy. She discussed follow up for preparation for the City
Commission Meeting and gave kudos to Mr. deJesus.
Vice Mayor Jarjura asked Mr. deJesus to discuss equipping the trucks.
Mr. deJesus stated he appreciates staff.
Mayor Glickstein thanked the Police and Fire Personnel for managing
the crowds of people over the holidays. He also thanked the event
coordinators for the tree and first night. He also asked the City
Commission if they are willing to move the agenda approval prior to
public comment. It was consensus of the City Commission to change
the order of the agenda to have the agenda approval prior to public
comments and to eliminate the routine business agenda.
The City Commission discussed the previous Delray Place
presentation by the planner. Mayor Glickstein asked the staff to look at
the adjacent property.
There being no further business, Mayor Glickstein adjourned the
meeting at 10:03 p.m.
Page 21City of Delray Beach Printed on 5/17/2017