07-06-2017 City Commission Regular Minutes FINALThursday, July 6, 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
Mayor Cary Glickstein
Vice Mayor Jim Chard
Deputy Vice Mayor Shirley Ervin Johnson
Commissioner Shelly Petrolia
Commissioner Mitchell Katz
Minutes - Final
Regular Meeting at 6:00 PM
July 6, 2017City Commission Minutes - Final
1. ROLL CALL
The July 6, 2017 Regular City Commission Meeting was called to order at
6:00 p.m.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. AGENDA APPROVAL
A motion was made by Commissioner Katz, seconded by Vice-Mayor
Chard, that the agenda be approved as amended, moving the
proclamation of Eula Mae Johnson to the beginning of this evening's
agenda. The motion was approved unanimously (5-0).
approved as amended
Yes:Vice-Mayor Chard, Deputy Vice Mayor Ervin Johnson, Mayor Glickstein,
Commissioner Katz, and Commissioner Petrolia
5 -
4. PRESENTATIONS:
4.A.17-517 UPDATE FROM SENATOR JEFF CLEMENS
Sponsors:City Clerk Department
State Senator Jeff Clemens gave an overview of the recently concluded
legislative session. He shared that many of the bills presented this year
provided greater limitations on local government. He noted that one
significant bill passed during the legislative session was the "sober homes"
legislative bill. State Senator Jeff Clemens stated that his office is located
in Lake Worth and provided his office phone number which is (561)
540-1140.
Commissioner Petrolia commented that State Senator Jeff Clemens was
very reachable and that he is committed to being a public servant. She
inquired whether it was worthwhile for local elected officials to visit with
members of the legislature.
Senator Clemens responded that he believed there was no substitute for
in-person visits to see their community's legislators.
Commissioner Petrolia said she was very concerned about the
legislature's efforts to erode home rule powers of local governments.
Senator Clemens also expressed concern about this trend.
Vice Mayor Chard thanked Senator Jeff Clemens for all that he had done
during the most recent legislative session. Vice Mayor Chard inquired
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about the state of the Department of Children and Family Services.
Senator Clemens responded that this year's DCF budget was relatively
stagnant, with the exception of FAR funds.
Vice Mayor Chard inquired if any licensing proposals would be put forward
regarding the recovery industry. Senator Clemens stated that he would
pursue such bills in the next session of the legislature and future sessions.
Deputy Vice Mayor Johnson noted that an increase of only $100 per
student had been approved by the legislature. Senator Clemens said this
was correct and very disappointing.
Commissioner Katz inquired what the Mayor and City Commissioners
could do to educate the public about the proposed additional homestead
reduction of $25,000. Senator Clemens responded that cities could
educate about the financial impact of reduced municipal revenues over
time.
4.B.17-595 PRESENTATION ON PARKING RATES AND INVESTMENT RETURN
Recommendation:Receive information concerning the return on investment for increasing
paid parking to on-street parking and surface lots within the City of Delray
Beach.
Sponsors:Environmental Services Department
7-6 Final Parking Presentation
Map 7-6-17 1
Map 7-6-17 2
Map 7-6-17 3
Attachments:
Assistant City Manager Caryn Gardner-Young gave a presentation
regarding parking rates, area streets and recommendations. Ms.
Gardner-Young began presenting an overview of the options for the City
Commission's consideration. It was noted that back-up materials for this
item was not available until this afternoon, so Mayor Glickstein suggested
that this matter be moved to a future agenda.
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
There were none.
5.B. From the Public
Pauline Moody commented that local government and the educational
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July 6, 2017City Commission Minutes - Final
system were dysfunctional. She stated that some teachers were not
properly trained.
Attendees of the Florida Elks Youth Camp expressed appreciation to
everyone who made it possible for them to attend summer camp. The
campers also expressed that they had a great time during their week at the
Elks Youth Camp.
Marjorie Waldo of the Arts Garage said they would be holding a number of
activities and events in the near future, as well as a fund raising event very
soon.
Alice Fintz invited the City Commission to an immigration awareness event
on the following Monday at 7:30 p.m. at the South County building.
Barry Chandler, a Volunteer parking control officer, said the volunteers tried
to make things a little easier for people and visitors to park along busier
streets.
Dr. Victor Kirson asked the City Commission to keep an eye on the
Pavilion at Atlantic Dunes project. Interim City Manager de Jesus said the
City could not dictate when the State issue permits for projects.
Dr. Wright suggested that the City Commission should vote that the Caring
Kitchen must move from its present location to a new location within ninety
days. Deputy Vice Mayor Johnson commended her for her leadership on
this situation.
Alan Slosberg said he opposed parking meters in downtown Delray
Beach. Mr. Slosberg said that adding parking meters would contribute to
traffic and gridlock. He also stated that Delray Beach was always a
different and fun city.
Mavis Benson, a newly appointed member of the Downtown Development
Authority Board, read recommendations from the DDA, including
partnering with the private sector for new parking projects. She also
suggested not having a vehicle booting program. Finally, Ms. Benson said
it was essential to build a customer-friendly parking program.
Mark Denkle, an owner of a business in the downtown area of Delray
Beach said he was concerned about potential parking rates. Mr. Denkle
stated he wanted to attend last Thursday's Parking Management Advisory
Board meeting, but it was cancelled. Mayor Glickstein suggested that this
matter be pulled from the City Commission meeting agenda this evening
and tentatively moved to the August 1st City Commission meeting. He
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July 6, 2017City Commission Minutes - Final
noted that doing nothing was not an option.
Peter Arts, a member of the Downtown Development Association, said the
DDA would be a positive party in the discussions about parking options.
Michael Wind expressed concern about the conditions around certain parts
of the City. He said that all storeowners along East Atlantic Avenue in the
downtown area were opposed to higher parking rates.
Kevin Warner, member of the Parking Management Board, said at the last
meeting he would recommend having parking meters downtown. Relative
to an employee parking plan, he said this was a job delegated to the
Downtown Development Authority. Mr. Warner urged the City Commission
to stick to their prior decisions about parking meters and related matters.
Cindy Freeburn, a former member of the Parking Management Board, said
that sitting on the board had been very frustrating. Ms. Freeburn said it was
very important to see and hear everything that was going on. She
commented that she was a proponent for dedicated scooter parking. She
suggested getting the parking management plan done before the turnover
of the City Commission in 2018.
6. CONSENT AGENDA: City Manager Recommends Approval
Commissioner Petrolia made a motion to approve the consent the agenda.
Vice Mayor Chard seconded it. The vote carried 5-0.
approved
Yes:Vice-Mayor Chard, Deputy Vice Mayor Ervin Johnson, Mayor Glickstein,
Commissioner Katz, and Commissioner Petrolia
5 -
6.A.17-551 ACCEPTANCE OF A HOLD HARMLESS AGREEMENT FOR 1040 S.
OCEAN BOULEVARD
Recommendation:Motion to Approve and accept a Hold Harmless Agreement for 1040 S.
Ocean Boulevard.
Sponsors:Environmental Services Department
HHA Legal Review Checklist 1040 S. Ocean Blvd
1040 S. Ocean Blvd. Hold Harmless Agreement
1040 S. Ocean Blvd. FDOT Utility Permit
Map Location 1040 S. Ocean Blvd.
PAPA 1040 S. Ocean
Sunbiz 1040 S. Ocean
Attachments:
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July 6, 2017City Commission Minutes - Final
6.B.17-557 APPROVAL OF AMENDMENT NO. 1 TO THE PURCHASE
AGREEMENT WITH BENNETT FIRE PRODUCTS COMPANY, INC. FOR
PURCHASE OF FIREFIGHTER BUNKER GEAR
Recommendation:Motion to Approve Amendment No. 1 to the purchase agreement with
Bennett Fire Products Company, Inc. for firefighter bunker gear in the
annual not-to-exceed amount of $200,000.
Sponsors:Fire Rescue Department
Bunker Gear Amendment Legal Review Checklist form v. 3
Signed Agreement with Bennett Fire Products Company Inc.
2017-007 Amendment No 1 Bennett Fire Products-CA rev 6-8-17,
SUP EXECUTED
Attachments:
6.C.17-587 AMENDMENT NO. 1 TO WEST ARCHITECTURE & DESIGN, LLC. FOR
ARCHITECTURAL CONSULTING SERVICES FOR THE HISTORIC
DELRAY BEACH RAILWAY STATION IN AN AMOUNT NOT TO EXCEED
$14,500.00
Recommendation:Motion to Approve Amendment No. 1 to West Architecture & Design, LLC
in an amount not to exceed $14,500 for architectural consulting services for
the Historic Delray Beach Railway Station (Project #17-007).
Sponsors:Environmental Services Department
Amendment no. 1 to Agreement for Architectural consulting services
for Delray Beach railway station (PROJECT NO. 16-080)
CAO Checklist AMENDMENT #1 TO AGREEMENT FOR
ARCHITECTURAL CONSULTING SERVICES FOR DELRAY BEACH
RAILWAY STATION
Historic Railway Station Amendment No. 1
West Architecture Contract Old Train Depot Signed Contract
West Architecture Contract Old Train Depot Pay1
West Architecture PO
Attachments:
6.D. PROCLAMATIONS:
6.D.1.17-572 Proclamation for Mrs. Eula Mae Johnson
Sponsors:City Clerk Department
Eula Mae Johnson ProclamationAttachments:
Mayor Glickstein noted that there was a very special guest in attendance
this evening, Ms. Eula Mae Johnson who will soon be turning 108. Mayor
Glickstein and the City Commission wished Ms. Johnson the best for many,
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July 6, 2017City Commission Minutes - Final
many years to come. The Mayor, City Commission and the members of
the audience sang happy birthday to Ms. Johnson.
6.E.17-559
REPORT OF APPEALABLE LAND USE ITEMS FROM MAY 30,
2017 THROUGH JUNE 9, 2017
Recommendation:
By motion, receive and file this report.
Sponsors:Planning and Zoning Board
Location Map
Sandoway Discovery Center, 142 S Ocean Boulevard
219 Dixie Boulevard
Attachments:
6.F. AWARD OF BIDS AND CONTRACTS:
6.F.1.17-464 PURCHASE AWARD TO SOUTHERN SEWER EQUIPMENT SALES
AND SERVICE, INC. FOR A SCHWARZE FREIGHTLINER STREET
SWEEPER IN AN AMOUNT NOT TO EXCEED $227,246.10.
Recommendation:Motion to Approve a purchase award to Southern Sewer Equipment Sales
and Service, Inc. for one Schwarze Freightliner Street Sweeper in an
amount not to exceed $227,246.10, utilizing Florida Sheriffs Association,
Florida Association of Counties Contract #FSA16-VEH14.0.
Sponsors:Environmental Services Department
Southern Sewer - Schwarze Freightliner Quote
Florida Sheriffs Association & Florida Association of Counties
Agreement #FSA16-VEH14.0
Best Price Letter - Southern Sewer Equipment Sales and Service
Vehicle Replacement List
Southern Sewer Agreement CA rev
Southern Sewer Legal Review Checklist
Attachments:
6.F.2.17-471 PURCHASE AWARD TO SBL FREIGHTLINER, LLC DBA LOU
BACHRODT FREIGHTLINER FOR PURCHASE OF A VAC CON
FREIGHTLINER IN AN AMOUNT NOT TO EXCEED $409,653
Recommendation:Motion to approve a purchase award to SBL Freightliner, LLC dba Lou
Bachrodt Freightliner for one Vac Con Freightliner in an amount not to
exceed $409,653, utilizing Florida Sheriffs Association and the Florida
Association of Counties Contract #FSA16-VEH14.0.
Sponsors:Environmental Services Department
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Vehicle Replacement List
Florida Sheriffs Association & Florida Association of Counties
Agreement #FSA16-VEH14.0
SBL Freightliner LLC dba Lou Bachrodt Freightliner - Vac Con
Freightliner Quote
Best Price Letter - SBL Freightliner, LLC dba Lou Bachrodt
Freightliner
SBL Freightliner Agreement CA review
SBL Legal Review Checklist
Attachments:
6.F.3.17-560 PURCHASE AWARD TO NORTRAX, INC. FOR PURCHASE OF A JOHN
DEERE 310L COMBINATION BACKHOE LOADER IN AN AMOUNT NOT
TO EXCEED $80,501 AND A JOHN DEERE 324E SKID STEER
LOADER IN AN AMOUNT NOT TO EXCEED $43,721.25.
Recommendation:Motion to approve a purchase award to Nortrax, Inc. for one John Deere
310L combination backhoe loader in an amount not to exceed $80,501
and one John Deere 324E Skid Steer Loader in an amounty not to exceed
$43,721.25, utilizing the Florida Sheriffs Association, Florida Association
of Counties Contract #FSA16-VEH14.0.
Sponsors:Environmental Services Department
Best Price Letter - Nortrax
Florida Sheriffs Association & Florida Association of Counties
Agreement #FSA16-VEH14.0
Nortrax - John Deer 310SL Quote
Nortrax - John Deer 324E Quote
Vehicle Replacement List
Nortrax Agreement-CA rev
Legal Review Checklist form v. 3 nortrax
Attachments:
6.F.4.17-554 AWARD OF AN AGREEMENT WITH ALEXIS KNIGHT ARCHITECT, INC.
FOR ARCHITECTURAL COMPLIANCE REVIEW SERVICES FOR THE
BEACH OVERLAYS IN A NOT-TO-EXCEED AMOUNT OF $72,000.
Recommendation:Motion to Award a three-year Agreement with Alexis Knight Architect, Inc.
for architectural compliance review services for the Beach Overlays in a
total not to exceed amount of $72,000 for the Agreement term.
Sponsors:Planning & Zoning Department and Purchasing Department
2017-054 Complete
ALEXIS KNIGHT ARCHITECT, INC. RESPONSE
CAO checklist for Architecural Compliance review services Alexis
Knight
2017-054 Addendum No. 1
2017-054 Agreement CAO review CONSULTANT EXECUTED
Attachments:
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6.F.5.17-558 APPROVAL OF PURCHASE AGREEMENTS WITH BOUND TREE
MEDICAL, LLC, HENRY SCHEIN, INC., AND MIDWEST MEDICAL
SUPPLY CO., L.L.C. FOR MEDICAL SUPPLIES AND MEDICATIONS
Recommendation:Motion to Approve Purchase Agreements with Bound Tree Medical, LLC in
an amount not-to-exceed $210,000.00, to Henry Schein, Inc. in an amount
not to exceed $26,250.00, and to Midwest Medical Supply Co., L.L.C. in an
amount not to exceed $11,250.00 for the provision of medical supplies and
medications, through City of Boynton Beach Cooperative Bid
044-2210-16/JMA.
Sponsors:Fire Rescue Department and Purchasing Department
RENEWAL LETTER - Bound Tree 2017-18
RENEWAL LETTER - Henry Schein 2017-18
RENEWAL LETTER - Midwest Medical Supply 2017-18
Renewal Packet 6.6.17 Agenda Medical Supplies & Medications -
Bound Tree
Renewal Packet 6.6.17 Agenda Medical Supplies & Medications -
Henry Schein
Renewal Packet 6.6.17 Agenda Medical Supplies & Medications -
Midwest
Signed - Extension Request - Bound Tree
Signed - Extension Request - Henry Schein
Signed - Extension Request - Midwest
Agreement Bound Tree Medical Supplies CAO final
Agreement Henry Schein Medical Supplies CAO final
Agreement Midwest Medical Medical Supplies CAO final
Legal Review Checklist Bound tree medical
Legal Review Checklist Harry Schein, inc
Legal Review Checklist Midwest Medical
Attachments:
7. REGULAR AGENDA:
Mayor Glickstein read the rules or order for a quasi-judicial hearing. The
applicants were asked to stand and be sworn in by the clerk. The
applicants were sworn in by the City Clerk.
There were no exparte discussions by the City Commission.
7.A.17-550 THE GROVE SIDE BAR IN LIEU OF PARKING FEE REQUEST
(QUASI-JUDICIAL HEARING)
Recommendation:Motion to Approve In Lieu of Parking Fee request in the
amount of $70,980.00 for 7 parking spaces associated with
a Class III Site Plan Modification for the conversion of retail to
restaurant at 183 NE 2nd Avenue.
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Sponsors:Planning & Zoning Department
In lieu parking agreement 183 NE 2nd Avenue Haycook
Exhibit A
183 survey
in-lieu parking submittal sketch 2
Sidebar SPRAB 5.1.17a
Board order
CAO checklist Parking inlieu 182 NE 2nd Haycook
Attachments:
Mr. Tim Stillings entered into the record file number 2017-153. The
applicant was present and gave a presentation.
Mr. Paul Striker stated his name for the record and acknowledged that he
was sworn in and gave a brief explanation of his request.
Mr. Tim Stillings stated that the Parking Management Advisory Board
considered the request back in May and recommended approval along
with the other advisory boards that they visited.
Public comment was opened. There were none present and public
comment was closed.
Vice Mayor Chard commented that there is a valet que in front of the
restaurant and questioned if it counts towards their required parking
places. Mr. Stillings explained that the valet que had already been
accounted for with the other businesses so they were not able to capitalize
on that for their parking requirement.
Commissioner Katz questioned how much money had been collected for
in-lieu sum and how it can be spent on parking that it was intended for.
Deputy Vice Mayor Johnson had the same question as Commissioner
Katz and also asked how come a Parking Garage had not been built by
now.
Vice Mayor Chard questioned if they would expand the in-lieu funds with
housing, trees and so forth?
Commissioner Petrolia also asked know how much has been collected
with the in-lieu parking funds. She expressed her concerns about in-lieu
funds and limited space for parking in the downtown area.
Mayor asked Tim Stillings that on a percentage basis if there is a 30%
maximum for eligible in-lieu parking. Mr. Stillings explained that it is 30%
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July 6, 2017City Commission Minutes - Final
for new construction and can go up to 100% for the adapt of reuse.
Mr. Lohman went through the board order.
Mr. Lohman asked if the Board Order should be approved. All replied yes.
Commissioner Katz made a motion to approve the request. It was
seconded by Vice Mayor Chard. The motion carried 5-0.
adopted
Yes:Vice-Mayor Chard, Deputy Vice Mayor Ervin Johnson, Mayor Glickstein,
Commissioner Katz, and Commissioner Petrolia
5 -
7.B.17-552 APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD
(SPRAB) APPROVAL OF APRIL 26, 2017 ASSOCIATED WITH NEW
CONSTRUCTION OF A ONE-STORY RETAIL BUILDING LOCATED AT
47 SE 5TH AVENUE (LISA BUILDING). [QUASI-JUDICIAL HEARING]
Recommendation:Deny the appeal and uphold the original Site Plan Review and Appearance
Board (SPRAB) approval and conditions of April 26, 2017 for the Lisa
Building.
Sponsors:Planning & Zoning Department
SPRAB Report of April 26, 2017
Recorded Agreement for In-Lieu Parking Fee
Waiver Justification Statement by the Applicant
Lisa Building - CC Order - 061617AG
Attachments:
Mayor Glickstein inquired whether there had been any ex parte
communications. The City Commission advised that there had been no
such communications. Planning and Zoning Director Tim Simmons
entered project file number 2016-209 into the record.
Mr. Carbone, the applicant's representative, reviewed his client's handling
of landscaping and parking requirements. He stated that the applicant
went above and beyond in addressing the City's code regulations.
Cindy Freeburn said if the waiver was not granted, the applicant might
propose an alternate plan with a lesser number of parking spaces.
Dr. Victor Kirson stated he did not see a reason for the applicant to be
punished relative to the parking requirement.
Mayor Glickstein inquired whether the proposed architecture was ever
discussed with the Site Plan Review and Appearance Board. Mayor
Glickstein stated that this was more adornment rather than true art deco
elements. Mr. Simmons commented that there was not a lot of room to
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add glazing and art deco elements to the proposed building.
Commissioner Petrolia commented that she shared Mayor Glickstein's
concerns. Mayor Glickstein said that art deco used very simplistic styles,
rather than a carnival look. Commissioner Petrolia said that the overlook of
the building as an entry point into the City was not consistent with the art
deco style.
Commissioner Katz commented that he would support the SPRAB Board's
recommendation relative to the execution of the site plan and architectural
style. Mayor Glickstein commented that the proposal was a poor
representation of art deco. Rick Brautigan, the project's architect, stated
there were a very broad array of architectural styles in this area of the City.
Mr. Brautigan said that the City now had a smorgasbord of architectural
styles.
approved
Yes:Vice-Mayor Chard, Deputy Vice Mayor Ervin Johnson, and Commissioner Katz3 -
No:Mayor Glickstein, and Commissioner Petrolia2 -
7.C.17-553 APPEAL OF THE HISTORIC PRESERVATION BOARD (HPB)
APPROVAL OF A CERTIFICATE OF APPROPRIATENESS (COA
2017-131) FOR 799 NE 2ND AVENUE, DEL-IDA PARK HISTORIC
DISTRICT (QUASI-JUDICIAL HEARING)
Recommendation:Motion to Approve the Certificate of Appropriateness, as presented, based
upon positive findings with Land Development Regulation (LDR) Section
2.4.6(H)(5) (COA Findings).
Sponsors:Planning & Zoning Department
2017-07-05_799 NE 2nd Avenue_Appealable Report with
Attachments_2017-131-COA
2017-07-05_Board Order_799 NE 2nd Ave
Attachments:
Mayor Glickstein inquired whether any of the City Commissioners had any
ex parte communications relative to this application. Vice Mayor Chard
stated that he had spoken to the applicant and had elected to withdraw his
prior objection.
approved
Yes:Vice-Mayor Chard, Deputy Vice Mayor Ervin Johnson, Mayor Glickstein,
Commissioner Katz, and Commissioner Petrolia
5 -
7.D.17-567
Sponsors:Finance Department
Acting Finance Director Laura Thezine provided an overview of the
proposed 2018 millage rate and debt service rates. She noted that
property values had increased 9.2%. She noted that the budget hearings
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July 6, 2017City Commission Minutes - Final
would be taking place on September 7th and September 15th. Mr. de
Jesus said that the millage rate had been set based on the direction of the
previous City Commission. He noted that there were some increases in
cost.
Commissioner Katz said it was difficult to comment without a proposed
budget in hand. He suggested that the Interim City Manager forward
department budgets on a piecemeal basis, rather than sending all
department budgets at one time. Commissioner Katz inquired when the
first budget would be forwarded to the City Commission.
Deputy Vice Mayor Johnson stated that she was opposed reducing the
City's millage rate this year. She emphasized the importance of repairing
infrastructure such as water pipes and roadways.
Vice Mayor Chard shared Commissioner Katz' comments on capping
revenues until the City's needs were known. Mr. de Jesus said that staff
had submitted their proposed budgets and that the main priorities would be
public safety, parks and recreation and infrastructure needs. He noted that
it was City staff's role to present a balanced budget. Mr. de Jesus
emphasized that the rate was the same as last year, and that the City
Commission could not increase the proposed millage rate on this
evening's agenda.
Vice Mayor Chard commented that he heard there would be an additional
homestead passed.
Commissioner Petrolia stated that the City had $31 million in approved
bond funds to expend on infrastructure and $37 million in reserves.
Commissioner Katz said that tax revenue came mostly from the business
community and our non-resident charges. Commissioner Katz said that
business owners could not be hit time and time again. He also noted that
local residents had also approved a penny sales tax increase.
Commissioner Katz said he favored the small reduction in the millage rate.
approved
Yes:Vice-Mayor Chard, Mayor Glickstein, Commissioner Katz, and Commissioner
Petrolia
4 -
No:Deputy Vice Mayor Ervin Johnson1 -
7.E.17-568
Sponsors:Finance Department
Letter 2017 1mil Request- 6.12.2017Attachments:
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Mr. Arts, representing the DDA Board, said that the Board recommended
the proposed millage rate to the CIty Commission. Commissioner Petrolia
asked whether the DDA had decided to continue funding for the yellow
shirts program and, if so, was it included in the proposed budget.
Ms. Simon said that this would be discussed at the upcoming DDA Board
meeting on July 10th and the upcoming CRA Board meeting in August.
Ms. Simon said that it was the intention of the DDA to fund 35-40% of the
yellow shirts ambassador program.
approved
Yes:Vice-Mayor Chard, Deputy Vice Mayor Ervin Johnson, Mayor Glickstein,
Commissioner Katz, and Commissioner Petrolia
5 -
7.F.17-533 NOMINATIONS FOR APPOINTMENT TO THE POLICE ADVISORY
BOARD
Recommendation:Recommend nominations for appointment for five (5) regular members to
serve on the Police Advisory Board for two (2) year terms ending July 31,
2019 and one (1) student member to serve a one (1) year term ending July
31, 2018.
Sponsors:City Clerk Department
Exhibit A
Police Advisory Board Member List
Police Advisory Board Attendance List
Attachments:
Deputy Vice Mayor Johnson moved,seconded by Commissioner Petrolia,
to appoint Nancy Channing. The motion passed unanimously (5-0).
Mayor Glickstein nominated Kelly Freeman. It was seconded by
Commissioner Petrolia. The motion carried unanimously (5-0).
Commissioner Petrolia appointed Alex Christopher. It was seconded by
Commissioner Katz. The motion carried (5-0).
Vice Mayor Chard appointed Ron Galinsky. It was seconded by Deputy
Vice Mayor Johnson. The motion failed by a vote of (2-3), with VIce Mayor
Chard and Commissioner Johnson voting yes. Vice Mayor Chard
nominated Jack Chathammoved. It was seconded by Deputy Vice Mayor
Johnson. The motion carried (5-0).
Commissioner Katz appointed Peter Scalafani. It was seconded by
Deputy Vice Mayor Johnson. The motion carried (5-0).
Deputy Vice Mayor Johnson appointed Deiusen Millien. It was seconded
by Vice Mayor Chard. The motion carried (5-0).
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7.G.17-535 NOMINATIONS FOR APPOINTMENT TO THE PUBLIC ART ADVISORY
BOARD
Recommendation:Recommend nominations for appointment for three (3) regular members to
serve on the Public Art Advisory Board for two (2) year terms ending July
31, 2019.
Sponsors:City Clerk Department
Exhibit A
Public Art Advisory Board Member List
Public Art Advisory Board
Attachments:
Mayor Glickstein appointed Marusco Gatto. It was seconded by Vice
Mayor Chard. The motion was carried (5-0).
Commissioner Petrolia appointed Joyce Carter. It was seconded by
Commissioner Katz.. The motion carried (5-0).
Vice Mayor Chard appointed Diane Carter. It was seconded by
Commissioner Petrolia. The motion carrued (5-0).
7.H.17-537 NOMINATIONS FOR APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD
Recommendation:Recommend nominations for appointment for two (2) regular members
(Citizen-at-Large) to serve on the Parking Management Advisory Board for
two (2) year terms ending July 31, 2019.
Sponsors:City Clerk Department
Exhibit A
Parking Management Advisory Board Member List
Parking Management Advisory Board Attendance List
Attachments:
Mayor Glickstein appointed Annie Roof. It was seconded by
Commissioner Petrolia. The motion carried (5-0).
Commissioner Petrolia appointed Thomas Hallyburton. It was seconded
by Deputy Vice Mayor Johnson. The motion carried (5-0).
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7.I.17-584 NOMINATION FOR APPOINTMENT TO THE CODE ENFORCEMENT
BOARD
Recommendation:Motion to Approve nomination for appointment for one (1) regular member
to serve on the Code Enforcement Board for an unexpired term ending
January 14, 2019.
Sponsors:City Clerk Department
Exhibit A
Code Enforcement Board Member List
Code Enforcement Board Attendance List
Attachments:
Commissioner Katz appointed Robert Resnick. It was seconded by
Commissioner Petrolia. The motion carrie (5-0).
7.J.17-582 NOMINATION FOR APPOINTMENT TO THE EDUCATION BOARD
Recommendation:Motion to Approve nomination for appointment for one (1) regular member
to serve a two (2) year term ending July 31, 2019. Please note that there
are no student applicants at this time.
Sponsors:City Clerk Department
Exhibit A
Education Board Member List
Education Board Attendance List
Attachments:
Mayor Glickstein appointed Kay Johnson. It was seconded by
Commissioner Petrolia. The motion carried (5-0).
7.K.17-583 NOMINATION FOR APPOINTMENT TO THE BOARD OF ADJUSTMENT
Recommendation:Motion to Approve nomination for appointment for one (1) alternate
member to serve on the Board of Adjustment for an unexpired term ending
August 31, 2019.
Sponsors:City Clerk Department
Exhibit A
Board of Adjustment Member List
Board of Adjustment Attendance List
Attachments:
Commissioner Katz appointed Ryan Hnatiuk. It was seconded by Deputy
Vice Mayor Johnson. The motion carried (5-0).
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7.L.17-563 RECOMMENDATION FOR APPOINTMENT TO THE DELRAY BEACH
HOUSING AUTHORITY BOARD
Recommendation:Motion to Recommend for appointment one (1) regular member to serve on
the Delray Beach Housing Authority Board for an unexpired term ending
July 14, 2020.
Sponsors:City Clerk Department
Exhibit A
Delray Beach Housing Authority Board Member List
Delray Beach Housing Authority Attendance List
Attachments:
Commissioner Katz appointed Ezra Krieg. It was seconded by Vice Mayor
Chard. The motion carried (5-0).
7.M.17-591 DISCUSSION OF BEACH PROMENADE BENCHES, PLAQUES, AND
STONE MEMORIALS PROGRAM
Recommendation:Seeking direction from City of Delray Beach (“City”) City Commission
regarding addressing existing and future beach promenade benches,
plaques and stone memorials.
Sponsors:Parks & Recreation Department
Ms. Fisher said that a total of sixty-eight plaques were available for
remounting, or relocating the plaques, or return the beach plaques to family
members.
A lenghty discussion ensued.
Deputy Vice Mayor Johnson made a motion to remove all the benches with
placques on the beach, if the owner can be contacted they would be given
the option of having a free brick placed at the flagpole paid for by the city
including the memorials and the owners of the benches be contacted and
they can have the benches and plaques, and Parks & Recreation can
make the decision where the benches will go if they could not get in touch
with the owners. The motion was seconded by Commissioner Petrolia.
The motion was approved by a vote of 3-2, with Mayor Glickstein, Deputy
Vice Mayor Johnson and Commissioner Petrolia voting yes and Vice
Mayor Chard and Commissioner Katz dissenting.
8. PUBLIC HEARINGS:
8.A.17-574 ORDINANCE NO. 23-17 AMENDING THE CITY'S WORKFORCE
HOUSING ORDINANCE (SECOND READING)
Recommendation:Motion to Approve Ordinance No. 23-17 on second reading.
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Ord 23-17 amending Sec 4.7.7 workforce housing
workforce housing ord 23-17 backup.pdf
Attachments:
approved
Yes:Vice-Mayor Chard, Deputy Vice Mayor Ervin Johnson, Mayor Glickstein,
Commissioner Katz, and Commissioner Petrolia
5 -
8.B.17-578 ORDINANCE 25-17 AMENDING THE CITY'S LDRs TO REPEAL
SECTION 4.3.3(I), “COMMUNITY RESIDENTIAL HOMES AND
GROUP HOMES” IN ITS ENTIRETY AND ENACTING A NEW
SECTION 4.3.3(I), “COMMUNITY RESIDENCES FOR WHICH A
CONDITIONAL USE PERMIT IS REQUIRED” IN ORDER TO
PROVIDE CRITERIA FOR ISSUING A CONDITIONAL USE PERMIT
FOR COMMUNITY RESIDENCES (FIRST READING/FIRST PUBLIC
HEARING)
Recommendation:Motion to Approve Ordinance 25-17, a City initiated amendment to the
Land Development Regulations, Article 2.4 “General Procedures”, Article
4.3 “District Regulations; General Provisions”, Article 4.4 “Base Zoning
District”, and Article 4.6 “Supplemental District Regulations” to revise and
clarify the procedure for requesting a reasonable accommodation, to
provide operators of community residences for people with disabilities
clarity and certainty on where such homes may locate as of right and via
conditional use permit in accordance with applicable case law, the Fair
Housing Act and the Americans with Disabilities Act, and to establish
appropriate parking regulations for same.
Ord 25-17 LDR amendment - Community Residences - Revised 7-3-17
1st Reading Final rev
Delray Beach FL GH Zoning Study May 2017
FAQs Delray Beach Community Residences Zoning Ordinance
Attachments:
A presentation was given by Attorney Daniel Lauber
Deputy Vice Mayor Johnson and Commissioner Katz expressed
appreciation to Mr. Lauber, Ms. Terrel and Mr. Lohman for their work on
this matter. Vice Mayor Chard asked how ten or more individuals could be
characterized as a family-like environment. Mr. Lauber said the matter of
community residential and group homes had been considered by the U.S.
Supreme Court. Mr. Lauber reviewed requirements for community
residences in terms of the number of people residing in a facility. Vice
Mayor Chard asked it there were up to thirty people in a group home, how
did this integrate into a group home facility. Mr. Lauber stated with sober
homes, the ideal number of occupants was eight to twelve. Mr. Lauber
concluded his remarks by presenting an overview of various spacing
requirements in different states.
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approved
Yes:Vice-Mayor Chard, Deputy Vice Mayor Ervin Johnson, Mayor Glickstein,
Commissioner Katz, and Commissioner Petrolia
5 -
9. FIRST READINGS:
9.A. None
10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
A motion was made by Commissioner Katz to extend beyond 11:00 p.m. It
was seconded by Commissioner Petrolia. The motion carried 5-0.
10.A. City Manager
Mr. de Jesus offered his apology to the City Commission for the late
nature of the parking management back-up earlier this evening. He
noted that staff was moving forward with the permitting of the Pavilion
with the State but will not permit construction until November 1st due to
the turtle nesting season. He said when the permit was received, the
City would go out to bid.
Mr. de Jesus noted that Public Works staff were the unsung heroes of
this year's July 4th festivities for doing the lion's share of work. He
stated their work began early on the morning of the 4th and lasted well
until 12:45 a.m. the following morning. He commented that Public
Works staff did an excellent job of cleaning up the downtown area after
the event.
Mr. de Jesus said the first report would be coming to the City
Commission on July 14th. He stated that staff needed to know what the
City Commission wanted in terms of contents in their reports.
Finally, Mr. de Jesus stated staff needed the City Commission's input
relative to the City Management recruitment process.
10.B. City Attorney
Mr. Lohman said the outside counsel handling the MatchPoint case
stated they wished to amend the complaint by adding to the complaint
making it possible to recover the City's legal fees. He requested a
ratification of this direction from the City Commission this evening.
Commissioner Katz made a motion to ratify the action to amend the
complaint relative to the MatchPoint matter. It was seconded by
Commissioner Petrolia. The motion passed unanimously (5-0).
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10.C. City Commission
City Commissioner Katz said the last three times that a search firm was
used they had less than great results. He suggested hiring Ms.
Gardner-Young as the next City Manager and dispense with hiring a
search firm. Commissioner Petrolia suggested to not hold up Mr. de
Jesus and allow him to meet with the Mayor and City Commissioners
individually to review the process for selecting the next City Manager.
Deputy Vice Mayor Johnson said that she would like the opportunity to
review candidates. Mayor Glickstein said Ms. Gardner-Young had
established a fair and firm protocol of running all of the applicable City
departments she had been charged with running. Mayor Glickstein said
he was concerned about the difficulty of hiring a City Manager in the
present extremely competitive employment environment. He also noted
that up to three seats on the dais could be changing within a few months
of the hiring of the new City Manager. Mayor Glickstein said that his
preference would be to hire Ms. Gardner-Young as City Manager rather
than expending taxpayer funds to hire a search firm.
Interim City Manager de Jesus noted that he only hired former City
Managers, rather than Assistant City Managers. He noted that Ms.
Gardner-Young had stated that she was looking for her next challenge.
Mr. de Jesus suggested that the members of the City Commission
spend some time with Ms. Gardner-Young. Commissioner Katz
suggested waiting thirty days to hire a firm after meeting with the City
Manager to find out their expectations of the next City Manager.
Commissioner Katz commended Ms. Goodrich and her team for
securing a Whole Foods 365 location in Delray Beach, the first one
along the east coast.
Deputy Vice Mayor Johnson also extended her congratulations to Ms.
Goodrich for her team's success in landing a Whole Foods 365 store in
Delray Beach. She requested that the Mayor and City Commission
agree by consensus to have an item on the July 18th agenda to direct
that the Caring Kitchen and CROS properties to vacate their existing
location by no later than October 31st. She thanked Chief Goldman
and Interim City Manager de Jesus for their attention to noise related
issues with cars and trucks in the northwest community. She noted that
noise conditions were vastly improved. Requested that the City
Commission be granted a ten-minute break after meeting for three
consecutive hours so that the Commission does not miss anything.
Finally, Deputy Vice Mayor Johnson stated she would visit with City staff
about what she wanted in a bi-weekly report.
In fairness to Dr. Wright, Mayor Glickstein said that the Caring Kitchen
matter was an intractable problem. He did not think that the City should
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be the one to resolve it. He commented there were a lot of churches
around which could alternate temporary use of their facilities. Mr. de
Jesus said he could put an item on the August 18th agenda for City
Commission discussing the Caring Kitchen's future location.
Vice Mayor Chard thanked Mr. de Jesus and his staff for their efforts
relative to the parking management plan.
Mayor Glickstein said that the Whole Foods matter and the
redevelopment would help with traffic congestion matters. He thanked
applicable staff and City Commissioners for their efforts in bringing
Whole Foods 365 to Delray Beach.
Mayor Glickstein noted that many new small business projects were
instrumental in attracting new businesses throughout the City.
Noting that their was no further business this evening, Mayor Glickstein
declared the meeting adjourned at 11:55 p.m.
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