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05-16-2017 City Commission Regular Minutes FINALTuesday, May 16, 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 May 16, 2017City Commission Minutes - Final 1. ROLL CALL Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, May 16, 2017. Roll call showed: Present: Commissioner Shelly Petrolia Vice Mayor James Chard Commissioner Mitchell Katz Deputy Vice Mayor Shirley Ervin Johnson Mayor Cary Glickstein Absent: None Also present were: Neal de Jesus, Interim City Manager R. Max Lohman, City Attorney Kimberly Wynn, Acting City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL Deputy Vice Mayor Johnson requested that Item 6.T.3. be moved to the Regular Agenda as Item 7.A.A. She also requested that Item 7.B. be removed and tabled to a later date. Commissioner Katz made a motion to approve the agenda as amended with Item 7.B. not removed. It was seconded by Commissioner Petrolia. The motion carried by the following vote: approved as amended Yes:Vice-Mayor Chard, and Deputy Vice Mayor Ervin Johnson2 - No:Mayor Glickstein, Commissioner Petrolia, and Commissioner Katz3 - 4. PRESENTATIONS: 4.A.17-441 Sponsors:City Clerk Department Mrs. Linda Hoag gave a brief presentation and read a poem into record and presented a painting. Page 1City of Delray Beach Printed on 4/6/2018 May 16, 2017City Commission Minutes - Final Mr. Neil de Jesus, Interim City Manager gave comments. 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 5.B. From the Public Mrs. Marjorie Waldo made comments on some of the events going on around the City of Delray Beach. Mr. Jervonte Edmonds talked about his Suits for Seniors program. He recognized Mr. Jamael Stewart, Elizabeth Burrows and Mayor Glickstein and the Police Department for their work. Mayor Glickstein gave comments. Mr. James Quinllin talked about the yellow shirt ambassadors downtown. He also referred to some code enforcement issues in the Osceola Park neighborhood. Mrs. Mitzi Katz commented on including discussion about the Delray Beach golf course in the upcoming City Commission goal setting session. Ms, Pauline Moody suggested that alleyways around the City should be landscaped. She also noted the need for additional trash bins around the City. Mr. Roy Simon spoke about having served on a task force to enhance Congress Avenue. He suggested re-setting goals for the Delray Beach CRA. Mr. William Branning commented on the CRA Resolution. He discussed statistics of the CRA and urged the Commission to work together. Mr. Jay Alperin suggested either to deny or delay the potential dissolution of the CRA Board. Mrs. Susan Ruby commented on the progress of the CRA. She asked that the City Commission continue to work with the CRA Board. Mr. Bruce Gimmy commented on the bad decisions made by the CRA Board recently. Mrs. Yvonne Odom suggested that the Mayor and City Commission hold a Page 2City of Delray Beach Printed on 4/6/2018 May 16, 2017City Commission Minutes - Final joint workshop to develop the CRA Board's forthcoming goals. Mr. Howard Barr expressed his support of the CRA Board. He asked that the City Commission work with the CRA Board. Mr. Clifford Durden talked about the checks and balances system in government. He urged the City Commission not to ruin a successful system. Ms. Cecilia Boone said that the CRA had accomplished a lot and advised the City to hold a joint charette in the near future. Mr. Rob Steele discussed the accomplishments over the past several months. He talked about the diversity of the community's business districts. Ms. Judy Craig expressed her support of the Commission taking over the CRA Board. She advised that the taxpayers should have oversight because of the budget size. Mr. Sandy Zeller said that she supported the abolishment of the CRA. Ms. Ernestine Halliday commented on her support of the CRA. Mr. Ari Whiteman talked about the workload of the City Commission and their inability to also handle the CRA. Mr. Eric Camacho recommended that this motion be tabled and conversations begin between the CRA Board and the City Commission. Mrs. Angeleta Gray commented on the responsibilities of the Commission to direct the CRA. Mr. Alan Slosberg advocated for the CRA being dissolved. He stated it would correct much of the oversight that has taken place. Ms. Gail Lee McDermot commented on the lack of accountability by the CRA. Ms. Lisa Quillien talked about her frustrations of dealing with the CRA and the structure of the CRA. Mrs. Nancy Chann said that she supported keeping the CRA. Mr. Chuck Ridley discussed accountability and advised that the City Commission is the beginning for this process. Page 3City of Delray Beach Printed on 4/6/2018 May 16, 2017City Commission Minutes - Final Mrs. Laura Simon talked about the boundaries and a possible solution such as getting all of the advisory boards together. Mrs. Evelyn Dobson commented on the City taking over the CRA. She discussed the opportunities provided through the CRA. Mr. Prince Arafat expressed the need for all parties to come together to form a better bond between the City Commission and the CRA Board. Ms. Carolyn Patton expressed support of the CRA. Ms. Kelly Barrette expressed her support of the Commission being the CRA Board. Mr. Kevin Warner gave a brief overview of the CRA Board recent mishaps. Mrs. Benita Goldstein discussed the recent artwork "the Gateway" she read an open letter into record that had been signed by residents. Mrs. Annette Gray disclosed that she was a former CRA member. She spoke of the history and how the day was coming. Get members that will say no. Mr. Erick Lanier (Lanier Parking) advocated for his company. Mrs. Joy T. Howell asked several questions for the board. Mr. Jack Warner supported the City taking over the CRA. He stated that the CRA could do more. He also talked about how this had been addressed in the past. Mr. Alex Burns stated his support of the CRA. He would like to see the same progress on the west side that has taken place on the east side. Mrs. Christina Morrison invited the Commissioners on a bus trip to see other CRAs in other area. She suggested give them benchmarks and make the appointments. Mrs. Cyndi Freeburn stated her support that the Commission take over the CRA. She talked about the questionable spending is reprehensible. Mr. Chuck Halberg advised this should be discussed at a town hall. Mrs. Fran Finch-Hall discussed putting petty personal politics aside and Page 4City of Delray Beach Printed on 4/6/2018 May 16, 2017City Commission Minutes - Final talk things through. Mr. Steve Bloom talked about the lip service of the City Commission. He advised that this is about money not race. Mr. Reginald Cox advised that this is about a lack of communication. He talked about the movement against the CRA Board. 6. CONSENT AGENDA: City Manager Recommends Approval A motion was made by Commissioner Katz, seconded by Commissioner Petrolia, that the consent agenda be approved. The motion carried by the following vote: approved Yes:Mayor Glickstein, Vice-Mayor Chard, Deputy Vice Mayor Ervin Johnson, Commissioner Petrolia, and Commissioner Katz 5 - 6.A.17-436 APPROVAL OF MINUTES Recommendation:Motion to Approve various sets of minutes. Sponsors:City Clerk Department 01-10-2017 Regular Meeting MinutesAttachments: approved 6.B.17-122 2017 LOCAL INITIATIVE (LI) AND TRANSPORTATION ALTERNATIVE PROGRAM (TAP) GRANT SUBMITTALS TO THE PALM BEACH COUNTY METROPOLITAN PLANNING ORGANIZATION (MPO) Recommendation:Motion to Approve four (4) supporting resolutions for the grant applications submitted by the City of Delray Beach for the 2017 Local Initiative and Transportation Alternative Programs funded through the Palm Beach County Metropolitan Planning Organization. Sponsors:Environmental Services Department Resolution No. 34-17 Resolution No. 35-17 Resolution No. 36-17 Resolution No. 38-17 Attachments: approved 6.C.17-357 APPROVAL OF AMENDMENT NO. 1 TO THE GAS, CARBON DIOXIDE, (FOOD GRADE) PURCHASE AND DELIVERY TERM CONTRACT WITH AIRGAS USA, LLC Recommendation:Motion to Approve Amendment No. 1 to the Gas, Carbon Dioxide, (Food Page 5City of Delray Beach Printed on 4/6/2018 May 16, 2017City Commission Minutes - Final Grade) Purchase and Delivery Term Contract with Airgas USA, LLC in an amount not-to-exceed $135,000 for the purchase and delivery of carbon dioxide and oxygen. Sponsors:Fire Rescue Department and Environmental Services Department 2014-22 Executed Agreement 2014-22 Assignment and Assumption Agreement 2014-22 Amend 1 SUPPLIER EXECUTED Attachments: approved 6.D.17-412 ACCEPTANCE OF WATER MAIN EASEMENT DEED GRANTED BY WALMART STORES EAST, LP. Recommendation:Motion to Accept a Water Main Easement granted by Walmart Stores East, LP for the Walmart Liquor Box Store Expansion project at 16205 S. Military Trail. Sponsors:Environmental Services Department 16205 S Military Tr Location Map Water Main Easement Deed Attachments: approved 6.E.17-372 CHANGE ORDER NO. 2 TO THE PURCHASE AWARD WITH OVIVO USA, LLC. IN THE AMOUNT OF $50,420 FOR ADDITIONAL WORK IN THE REPAIR OF THE WESTERN VACUUM FILTER UNIT AT THE WATER TREATMENT PLANT Recommendation:Motion to Approve Change Order No. 2 to Purchase Award to Ovivo USA, LLC. in the amount of $50,420 for additional work required in the repair of the western vacuum filter unit at the Water Treatment Plant. Sponsors:Environmental Services Department Sole Source Letter 20170324 Proposal C Additional work 2 20170409 Purchase Agreement Change Order Attachments: approved 6.F.17-414 SERVICE AUTHORIZATION NO.12-17 WITH WANTMAN GROUP, INC. IN THE AMOUNT OF $163,748.35 FOR ENGINEERING SERVICES RELATED TO THE DESIGN FOR RECONSTRUCTION OF BARWICK ROAD FROM THE SOUTHERLY RIGHT-OF-WAY LINE OF LAKE IDA ROAD TO THE NORTHERLY RIGHT-OF-WAY LINE OF ATLANTIC Page 6City of Delray Beach Printed on 4/6/2018 May 16, 2017City Commission Minutes - Final AVENUE Recommendation:Motion to Approve Service Authorization No.12-17 with Wantman Group, Inc. in the amount not to exceed of $163,748.35 for the preparation of design documents for roadway reconstruction of Barwick Road from the southerly right-of-way line of Lake Ida Road to the northerly right-of-way line of Atlantic Avenue. Sponsors:Environmental Services Department Barwick Road Reconstruction Service AuthorizationAttachments: approved 6.G.17-427 APPROVAL OF CHANGE ORDER NO. 2 IN THE AMOUNT OF $85,008 WITH MBR CONSTRUCTION INC FOR THE BEACH MASTER PLAN PROJECT Recommendation:Motion to Approve Change Order No. 2 in the amount of $85,008 with MBR Construction, Inc. for the Beach Master Plan (Project No. 15-008). Sponsors:Environmental Services Department Change Order No. 2 MBR Construction Agreement Attachments: approved 6.H.17-417 ACCEPTANCE OF A HOLD HARMLESS AGREEMENT FOR HESSLER PAINT LOCATED AT 4591 WEST ATLANTIC AVENUE Recommendation:Motion to Approve and accept a Hold Harmless Agreement for Hessler Paint, 4591 West Atlantic Avenue. Sponsors:Planning and Zoning Board Hold Harmless Agreement FDOT Utility Permit Hessler Paint SPRAB Staff Report Attachments: approved 6.I.17-426 SERVICE AUTHORIZATION NO. 12-20 WITH WANTMAN GROUP INC. IN A NOT TO EXCEED AMOUNT OF $5,341 FOR THE SURVEYING, ENGINEERING DESIGN, AND PERMITTING SERVICES ASSOCIATED WITH THE CASON COTTAGE FRONT LAWN BRICK PAVER INSTALLATION Recommendation:Motion to Approve Service Authorization No. 12-20 with Wantman Group Inc. in an amount not to exceed of $5,341 for surveying, engineering Page 7City of Delray Beach Printed on 4/6/2018 May 16, 2017City Commission Minutes - Final design, and permitting services associated with the Cason Cottage front lawn brick paver installation. Sponsors:Environmental Services Department Wantman Group Service Authorization No. 16-04 Engineering Agreement, Wantman Amendment No. 4 - Wantman Group Inc. Attachments: approved 6.J.17-420 RAILROAD CROSSING LIABILITY RENEWAL POLICY Recommendation:Requesting prior approval of FY17 spending limit greater than $25,000 with Employers Mutual Inc. d/b/a Ascension Benefits and Insurance Solutions and motion to approve renewal of Railroad Crossing Liability and Railroad Crossing Excess Liability policies in a not to exceed amount of $28,000. Sponsors:Finance Department Premium Summary Market Summary Agreement 2006 Attachments: approved 6.K.17-423 PRIOR APPROVAL OF FISCAL YEAR 2017 SPENDING GREATER THAN $25,000. WITH ADAPT PHARMA INC. Recommendation:Motion to Approve multiple acquisitions of medicine and medical supplies from Adapt Pharma Inc. in a total not-to-exceed amount of $84,000.00 for Fiscal Year 2017. Sponsors:Fire Rescue Department approved 6.L.17-432 RETROACTIVE APPROVAL OF A SPENDING INCREASE WITH INTERLINE BRANDS, INC. DBA SUPPLYWORKS Recommendation:Motion to retroactively approve an increase in spend with Interline Brands, Inc. DBA Supplyworks for janitorial supplies in a total not-to-exceed amount of $70,000 for Fiscal Year 2017. Sponsors:Purchasing Department Page 8City of Delray Beach Printed on 4/6/2018 May 16, 2017City Commission Minutes - Final 2016-014 Janitorial Supplies 2016-014 Attachment A Attachments: approved 6.M.17-435 FACILITY USE AGREEMENT FOR POLICE OFFICER TRAINING BETWEEN THE CITY OF DELRAY BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY FOR THE USE OF FORMER PLUMOSA ELEMENTARY SCHOOL. Recommendation:Motion to Approve an Agreement for Police Officer training between the City of Delray Beach and the School Board of Palm Beach County (“Board”) to allow the use of former Plumosa Elementary school as a training facility. Sponsors:Police Department DBPD-Former Plumosa EL Training with Exhibits..finalAttachments: approved 6.N.17-428 SETTLEMENT IN THE CASE OF GUY BUZZELLI V. CITY OF DELRAY BEACH Recommendation:Motion to settle the case of Guy Buzzelli v. City of Delray Beach for the reasons discussed in the confidential memorandum previously distributed to the City Commission. Sponsors:City Attorney Department approved 6.O.17-419 SCHOOL READINESS PROGRAM FOR THE AFTERSCHOOL PROGRAM LOCATED AT POMPEY PARK AND THE COMMUNITY CENTER WITH THE EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC. Recommendation:Motion to Approve the renewal of the agreements between Early Learning Coalition of Palm Beach County, Inc. and the City of Delray Beach. Sponsors:Parks & Recreation Department School Readiness -Pompey Park School Readiness -Community Center Attachments: approved 6.P.17-424 CHILDREN'S SERVICES COUNCIL (CSC) SCHOLARSHIP PROGRAM Page 9City of Delray Beach Printed on 4/6/2018 May 16, 2017City Commission Minutes - Final FOR THE AFTERSCHOOL PROGRAM LOCATED AT POMPEY PARK AND THE COMMUNITY CENTER WITH THE EARLY LEARNING COALITION OR PALM BEACH COUNTY, INC. Recommendation:Motion to Approve renewal of the agreements between Early Learning Coalition of Palm Beach County, Inc. and the City of Delray Beach. Sponsors:Parks & Recreation Department CSC Scholarship Pompey Park CSC Scholarship Community Center Attachments: approved 6.Q.17-447 REQUEST FOR SUBORDINATION OF SECOND MORTGAGE FOR 218 SE 4th Avenue Recommendation:Motion to Approve a request for the City of Delray Beach ("City") to subordinate its second mortgage position in the amount of $32,241.05 for the property located at 218 SE 4th Avenue. Sponsors:Community Improvement Subordination Policy & Procedures Subordination Agreement Property Appraisal Report Title Insurance Supporting Documents Attachments: approved 6.R. PROCLAMATIONS: 6.R.1.17-440 Sponsors:City Clerk Department Better Hearing Month May 2017Attachments: 6.R.2.17-438 Sponsors:City Clerk Department National Safe Boating Week ProclamationAttachments: 6.R.3.17-437 Page 10City of Delray Beach Printed on 4/6/2018 May 16, 2017City Commission Minutes - Final Sponsors:City Clerk Department Amateur Radio Week 2017Attachments: 6.S.17-413 REPORT OF APPEALABLE LAND USE ITEMS FROM APRIL 3, 2017 THROUGH APRIL 21, 2017 Recommendation:By motion, receive and file this report. Sponsors:Planning and Zoning Board Location Map Palm Trail Townhomes Schumacher Automotive Delray 4 East Atlantic Avenue Color Change 4 East Atlantic Avenue Sign Program Attachments: approved 6.T. AWARD OF BIDS AND CONTRACTS: 6.T.1.17-373 AWARD OF AN AGREEMENT WITH SIEMENS INDUSTRY, INC. IN THE AMOUNT NOT TO EXCEED OF $75,000 UTILIZING THE CITY OF CORAL SPRINGS, FLORIDA CONTRACT Recommendation:Motion to Approve an Agreement with Siemens Industry, Inc. utilizing the City of Coral Springs, Florida, Contract RFP 12C-068, in an amount not-to-exceed $75,000 for HVAC Preventative Maintenance and Repair Services. Sponsors:Environmental Services Department RFP HVAC Agreement Second Amendment Amendment Agreement 4-19-17 Attachments: approved 6.T.2.17-434 AWARD OF AN AGREEMENT TO PFM FINANCIAL ADVISORS LLC FOR FINANCIAL ADVISORY SERVICES IN A NOT-TO-EXCEED AMOUNT OF $75,000.00 Recommendation:Motion to Award a three year Agreement to PFM Financial Advisors LLC for financial advisory services in the not to exceed amount of $75,000.00 Page 11City of Delray Beach Printed on 4/6/2018 May 16, 2017City Commission Minutes - Final for services not related to a bond issue for the Agreement term. Sponsors:Finance Department RFP 2017-025 Document Final 2017-025 - RFP RFQ Scoring Summary (R1) Proposal for FA Services Submitted by PFM Agreement-Final (Reviewed CA) Attachments: approved 6.T.3.17-262 AWARD OF AN AGREEMENT TO LANIER PARKING METER SERVICES, LLC D/B/A LANIER PARKING SOLUTIONS FOR COMPREHENSIVE PARKING MANAGEMENT SERVICES IN AN ANNUAL NOT-TO-EXCEED AMOUNT OF $656,308.84 (ADDENDUM) Recommendation:Motion to Award an agreement to Lanier Parking Meter Services, LLC d/b/a Lanier Parking Solutions in an annual not-to-exceed amount of $656,308.84 for Comprehensive Parking Management Services. Sponsors:Environmental Services Department Lanier Parking Solutions, Inc. 2016-107 RFP (Final) 2016-107 Addendum 1 2016-107 Addendum 2 2016-107 Addendum 3 (r1) Parking Management Agreement, Signed by Contractor Attachments: Mr. Dale Sugermen, Assistant City Manager, presented this item. Mr. de Jesus gave an overview of the item and discussed why this item was placed on the agenda at the last minute. He explained that the contract had not been executed by the vendor until after the agenda was sent to the Commission. Mr. Sugermen gave a breakdown of the cost and explained the not to exceed amount. Vice Mayor Chard asked if this would impact the volunteers that handle the parking enforcement at the Police Department. Commission discussion ensued regarding the collection of parking tickets and the enforcement. Vice Mayor Chard asked if the collection strategy would change. Commissioner Katz asked about the bonus and the incentives that would Page 12City of Delray Beach Printed on 4/6/2018 May 16, 2017City Commission Minutes - Final be offered. A motion was made by Commissioner Katz, seconded by Vice-Mayor Chard, that this Agreement be approved. The motion carried by the following vote: approved Yes:Mayor Glickstein, Vice-Mayor Chard, and Commissioner Katz3 - No:Deputy Vice Mayor Ervin Johnson1 - Absent:Commissioner Petrolia1 - 7. REGULAR AGENDA: 7.A.17-386 REQUEST FOR A WAIVER TO LDR SECTION 4.6.7(E)(7) TO ALLOW A FLAT WALL SIGN ON THE EAST ELEVATION WHICH DOES NOT FACE A DEDICATED STREET FRONTAGE FOR ROK BRGR LOCATED AT 4 E. ATLANTIC AVENUE. (QUASI-JUDICIAL HEARING) Recommendation:Motion to Approve the waiver request to LDR Section 4.6.7(E)(7) for ROK BRGR located at 4 E. Atlantic Avenue, as presented. Sponsors:Planning & Zoning Department Rok BRGR Report ROK BRGR Justification ROK BRGR 03-03-2017 Rok BRGR Board Order Attachments: Ms. Denise Williams the applicant explained what she was requesting. Vice Mayor Chard asked if the sign was already up. Is this here on appeal. Mr. Tim Stillings, Planning, Zoning and Building Department explained staff's decision to put a sign at this location. A motion was made by Vice-Mayor Chard, seconded by Commissioner Katz, that this Request be approved. The motion carried by the following vote: approved Yes:Mayor Glickstein, Vice-Mayor Chard, and Commissioner Katz3 - No:Deputy Vice Mayor Ervin Johnson1 - Absent:Commissioner Petrolia1 - Page 13City of Delray Beach Printed on 4/6/2018 May 16, 2017City Commission Minutes - Final 7.B.17-455 RESOLUTION NO. 43-17 DECLARING THE CITY COMMISSION TO BE THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH Recommendation:Motion to approve Resolution No. 43-17. Sponsors:City Attorney Department and Inglese Resolution No. 43-17 Authorizing City to be CRAAttachments: Mr. Lohman read Resolution Non. 43-17 into record. Commissioner Mitch Katz gave comments. He explained how this came about at the last meeting. He read an editorial into record. Commissioner Katz spoke about the current board and things that had transpired over the years with several projects like iPic, street naming, Atlantic Crossing and the par king reimbursement agreement. Commissioner Katz spoke about the projects that have been stalled under the CRA. Commissioner Katz spoke about the necessity of change to grow. Deputy Vice Mayor Johnson discussed the diversity in the room. She gave an overview of the requirments and discussed Boynton Beach's CRA. She read an article int othe record and advised that others come to Delray Beach and use us as role models. Vice Mayor Chard spoke about the controversy talked about the benefits. He advised that the CRA are not elected so that they can focus on doing what they have to do. Vice Mayor Chard discussed some of the accomplishments of the CRA. He stated that the issue is communication; the CRA is not a piggyback of the City Commission. He stated that he would vote against the Resolution. Commissioner Petrolia spoke in reference to Reverend Barr's comment. She stated that there had been some progress. She addressed the issue regardin the workload. Commissioner Petrolia commented about the accountability of the board and the unfairness regarding the control of taxpayer spending going to a volunteer board. Commissioner Petrolia read a statement into record. She suggested that all CRA projects be workshopped immediately. She supports dissolving the CRA Board. Mayor Glickstein commented on the City budget. He talked about an article in the Sunday newspaper. He continued to rad a statement into record. Mayor Glickstein discussed the flawed RFPs and RFQs. He talked about board appointments and better communication as key to improvement. Legislature to increase homestead exemption is being passed. He advised he is not in support of the resolution. He commented on his expectationsof the board in the coming year. Page 14City of Delray Beach Printed on 4/6/2018 May 16, 2017City Commission Minutes - Final Commission discussion ensued regarding Resolution No. 43-17. A motion was made by Vice-Mayor Chard, seconded by Deputy Vice Mayor Ervin Johnson, to deny Resolution 43-17, declaring the City Commission to be the Community Redevelopment Agency of the City of Delray Beach. The motion carried by the following vote: approved Yes:Mayor Glickstein, Vice-Mayor Chard, and Deputy Vice Mayor Ervin Johnson3 - No:Commissioner Petrolia, and Commissioner Katz2 - 8. PUBLIC HEARINGS: 8.A.17-406 ORDINANCE NO. 07-17: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES; BY AMENDING SECTION 4.3.3, “SPECIAL REQUIREMENTS FOR SPECIFIC USES”, BY REPEALING PARAGRAPH (D), “COMMUNITY GARDENS” IN ITS ENTIRETY AND ENACTING A NEW SECTION (D) ENTITLED, “URBAN AGRICULTURE”; AMENDING ARTICLE 4.4 TO REMOVE COMMUNITY GARDENS AND TO ALLOW URBAN AGRICULTURE IN CERTAIN ZONING DISTRICTS; AMENDING APPENDIX A “DEFINITIONS” TO PROVIDE FOR RELATED DEFINITIONS AND PROVIDE SPECIFIC DESIGN AND REVIEW CRITERIA, PARKING REQUIREMENTS, AND TO ADD URBAN AGRICULTURE AS AN ALLOWABLE OUTSIDE USE. (SECOND READING). Recommendation:Motion to Approve Ordinance No. 07-17 on Second Reading for the amendments to Land Development Regulations as specified in attached Ordinance No. 07-17, as presented. Sponsors:Planning and Zoning Board Ordinance No. 07-17 Urban Agriculture Map Showing Zoning Districts which allows Urban Agriculture Urban Agriculture PZB Staff Report Community Gardens Policy Final DRAFT 12-2016 Comparison of Existing and Proposed Community Garden Program State Pre-emption memo Attachments: Mr. Lohman read Ordinance No. 07-17 into record. Mr. Timothy Stillings, Director of Planning, Zoning and Building, gave a brief presentation and did a PowerPoint. Page 15City of Delray Beach Printed on 4/6/2018 May 16, 2017City Commission Minutes - Final Mayor Glickstein opened the meeting for Public Comments. Mrs. Alice Finst asked if churches would be excluded from this ordinance. There being no further comments Public Comments were closed. Mr. Stillings advised that Community Gardens would be based on the LDRs. A motion was made by Vice-Mayor Chard, seconded by Commissioner Katz, that this Ordinance be approved. The motion carried by the following vote: approved Yes:Mayor Glickstein, Vice-Mayor Chard, Deputy Vice Mayor Ervin Johnson, and Commissioner Katz 4 - Absent:Commissioner Petrolia1 - 8.A.1 17-422 RESOLUTION NO. 40-17 ADOPTING A COMMUNITY GARDENS POLICY Recommendation:Motion to Approve Resolution No. 40-17 adopting a Community Gardens Policy to provide guidelines and standards to encourage community gardens. Sponsors:Environmental Services Department Resolution No. 40-17 Community Gardens Policy Community Gardens Policy (Exhibit "A") Attachments: A motion was made by Commissioner Katz, seconded by Vice-Mayor Chard, that this Resolution be approved. The motion carried by the following vote: approved Yes:Mayor Glickstein, Vice-Mayor Chard, Deputy Vice Mayor Ervin Johnson, and Commissioner Katz 4 - Absent:Commissioner Petrolia1 - 9. FIRST READINGS: 9.A.17-418 ORDINANCE NO. 17-17: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH ARTICLE 6.3 “USE AND WORK IN THE PUBLIC RIGHT OF WAY” BY AMENDING SECTION 6.3.3 “SIDEWALK CAFE” TO ELIMINATE REGULATIONS FOR SIDEWALK CAFES LOCATED ON PRIVATE PROPERTY; AMENDING SECTION 6.3.3 (A) “PERMIT AND FEES” TO ADD LEASING FEES; AMENDING SECTION 6.3.3 (F) “REGULATIONS Page 16City of Delray Beach Printed on 4/6/2018 May 16, 2017City Commission Minutes - Final GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A SIDEWALK CAFE” TO CREATE TWO ZONES, PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (FIRST READING) Recommendation:Motion to Approve Ordinance No. 17-17 on First Reading. Sponsors:Planning and Zoning Board Ordinance No. 17-17 Sidewalk Cafe P & Z Staff Report with Ord No. 17-1 Attachments: Mr. Lohman read Ordinance No. 17-17 into the record. Mr. Timothy Stillings gave a presentation. Mayor Glickstein asked about the distance between the tables of the sidewalk cafes. He commented on the rules not being followed. Mr. deJesus advised that a meeting is scheduled between the owners and City staff. Commission discussion ensued. A motion was made by Vice-Mayor Chard, seconded by Commissioner Katz, that this Ordinance be approved on first reading. The motion carried by the following vote: approved on first reading Yes:Mayor Glickstein, Vice-Mayor Chard, Deputy Vice Mayor Ervin Johnson, and Commissioner Katz 4 - Absent:Commissioner Petrolia1 - 9.B.17-443 ORDINANCE NO. 21-17 Recommendation:Motion to approve Ordinance No. 21-17. Sponsors:City Attorney Department Ordinance No. 21-17 Amending Chapter 36 Purchasing Policies and Procedures Manual Attachments: Mr. Lohman read the ordinance into record and gave background information. He advised that this increases the spending power of the City Manager. A motion was made by Commissioner Katz, seconded by Vice-Mayor Chard, that this Ordinance be approved on first reading. The motion carried by the following vote: approved on first reading Page 17City of Delray Beach Printed on 4/6/2018 May 16, 2017City Commission Minutes - Final Yes:Mayor Glickstein, Vice-Mayor Chard, Deputy Vice Mayor Ervin Johnson, and Commissioner Katz 4 - Absent:Commissioner Petrolia1 - 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: 10.A. City Manager None 10.B. City Attorney None 10.C. City Commission Commissioner Katz discussed the Goal Setting meeting. He talked about the strategies that should be achieved at the goal setting meeting. He stated that it did not have to be in Delray but that it had to be publicly noticed. Mayor Glickstein asked how would this be different from the Comprehensive Plan Sessions. Further discussion ensued among the Commission about alternatives. Mr. deJesus advised that work is getting done, but staff would have to catch up on what is being requested. Vice Mayor Chard talked about changing the timeframes for things that have been requested of staff. Commissioner Katz talked about a list of things that could be prioritized. He recommended a team building retreat (that would have to be publicly noticed) because it is located in Palm Beach County within the next 3-4 months. He also requested an ordinance be written to have a town hall meeting every year. Deputy Vice Mayor Johnson discussed the unity in the city. Vice Mayor Chard recognized the Sober Home Legislation. He also talked about a shark biting incident. He also requested a report from the Florida League of Cities on the successes and failures to be on a future agenda. He also discussed having someone appointed to the Comprehensive Plan Task Committee. There being no further business to discuss Mayor Glickstein adjourned the meeting at 10:37 p.m. Page 18City of Delray Beach Printed on 4/6/2018