09-07-2017 City Commission Regular Minutes FINALThursday, September 7, 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
September 7, 2017City Commission Minutes - Final
1. ROLL CALL
The meeting was called to order at 6:00 p.m. The Mayor then read a
message to the public regarding Hurricane Irma.
Mayor Cary Glickstein, Vice-Mayor James Chard, Deputy Vice Mayor Shirley Ervin
Johnson, Commissioner Shelly Petrolia, and Commissioner Mitchell Katz
Present:5 -
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. AGENDA APPROVAL
Mr. de Jesus informed the Commission that the applicant requested to
postpone item No. 7.A. to be heard at the next available meeting.
Staff also requested that item 7.B. be pulled from the agenda to be brought
back at the next available meeting.
Mr. de Jesus asked the Commission to consider postponing item 7.C.
4. PRESENTATIONS:
4.A.17-573 PRESENTATION BY ERICA WHITFIELD, DISTRICT 4 SCHOOL BOARD
MEMBER, REGARDING DELRAY BEACH SCHOOLS
Sponsors:City Clerk Department
This item was requested to be postponed until a future date.
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
Mr. de Jesus informed the Commission that comments made by Mr. Blum
at the last meeting were answered and he is satisfied.
5.B. From the Public
Public comments were opened. None being present, public comment was
closed.
6. CONSENT AGENDA: City Manager Recommends Approval
Mr. Lohman asked that item 6.I. be pulled from the agenda. He explained
that Assistant City Attorney Lawanda Warren prevailed in her motion for
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September 7, 2017City Commission Minutes - Final
summary judgement, so the case was resolved in the City's favor.
Commissioner Petrolia requested that item 6.A. be pulled for a brief
discussion. It became 7.A.A. on the regular agenda.
Commissioner Petrolia requested that Item 6.G. be pulled for discussion. It
became 7.B.B. on the regular agenda.
Commissioner Katz asked that item 8A, 8B, and 8C be moved to a more
impromptu time to allow the public the opportunity to come to the meetings
based on the Executive Order 17-235.
There was not a concensus of the Commission to postpone Public Hearing
Items 8A, 8B and 8C as Commissioner Katz requested. Commissioner
Petrolia was in favor of postponing these items. Vice Mayor Chard,
Deputy Vice Mayor Johnson and Mayor Glickstein was not in favor of
postponing. The vote passed 3-2 to continue hearing those items as
scheduled.
Ms. Petrolia made a motion to approve the consent agenda as amended.
It was seconded by Deputy Vice Mayor Johnson. The vote carried 5-0.
6.A.17-698 APPROVAL OF MINUTES
Recommendation:Motion to Approve various sets of minutes as listed below.
Sponsors:City Clerk Department
June 21, 2016 Regular Meeting Minutes - Draft
July 5, 2016 Regular Meeting Minutes - Draft
October 18, 2016 Regular Meeting Minutes - Draft
November 9, 2016 Workshop Meeting & Goal Setting Session
Minutes - Draft
Attachments:
This item was pulled for discussion. It became 7.A.A. on the regular
agenda.
Commissioner Petrolia made a motion of postponement on the meeting
minutes until they are corrected. It was seconded by Deputy Vice Mayor
Chard. The vote carried 5-0.
6.B.17-686 WALLACE FORD (AUTONATION) FINAL SUBDIVISION PLAT
Recommendation:Motion to Approve the Final Subdivision Plat for Wallace Ford 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(K) (Minor Subdivisions), Section
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September 7, 2017City Commission Minutes - Final
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),
and Section 2.4.5(K)(5) of the Land Development Regulations.
Sponsors:Planning & Zoning Department
Location Map
Wallace Ford Replat Set
Autonation Class V Staff Report_201702141150
Attachments:
approved
6.C.17-509 APPROVE SERVICE AUTHORIZATION NO. 12-03.3 IN THE AMOUNT
OF $13,443.63 TO CALVIN, GIORDANO AND ASSOCIATIONS, INC.
FOR ADDITIONAL SERVICES REQUIRED TO COMPLETE THE NE 3RD
STREET STREETSCAPE PROJECT, P/N 11-024.
Recommendation:By motion, approve Service Authorization (SA) No. 12-03.3, as
Amendment No. 3, with Calvin, Giordano and Associates, Inc in the amount
of $13,443.63 for additional professional design services related to the NE
3rd Street Streetscape Project, P/N 11-024.
Sponsors:Environmental Services Department
wpbscan@calvin-giordano.com_20170526_083902.pdf
Letter - Extension request Calvin, Giordano and Associates
11-22-16.pdf
Attachments:
approved
6.D.17-670 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT WITH
FLORIDA DEPARTMENT OF TRANSPORTATION FOR
CONSTRUCTION OF UTILITY RELOCATIONS RELATED TO FLORIDA
DEPARTMENT OF TRANSPORTATION'S I-95 AT STATE ROAD 806 /
ATLANTIC AVENUE INTERCHANGE ENHANCEMENT PROJECT (CITY
PROJECT NO. 14-075).
Recommendation:Motion to Approve a Utility Work by Highway Contractor Agreement with
the Florida Department of Transportation for performing construction
services relocating water utilities relating to the Florida Department of
Transportation's (FDOT) I-95 at State Road 806 / Atlantic Avenue
Interchange enhancements project, FDOT Financial Project ID No.
434722-1-56-02 (City Project No. 2014-075).
Sponsors:Environmental Services Department
Utility Work by Highway Contractor Agreement (FDOT)
Legal Review Checklist FDOT Utility Work Agreement
Attachments:
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September 7, 2017City Commission Minutes - Final
6.E.17-673 APPROVAL OF AMENDMENT 1 TO THE CONTRACT WITH MOWREY
ELEVATOR COMPANY OF FLORIDA, INC. AND TO INCREASE
APPROVED SPENDING LIMIT WITH MOWREY ELEVATOR COMPANY
OF FLORIDA, INC. IN AN AMOUNT NOT-TO-EXCEED $418,000 FOR
FISCAL YEAR 2018
Recommendation:Motion to approve Amendment 1 to the contract with Mowrey Elevator
Company of Florida, Inc. (Mowrey) and to increase the spending limit with
Mowrey to a not-to-exceed amount of $418,000 for multiple acquisitions of
elevator parts, repairs, and services for the period of October 1, 2017
through December 30, 2018.
Sponsors:Environmental Services Department
12-02-14 Agenda Results Regular Meeting - Mowrey Elevator
Agreement with Mowrey Elevator Company of Florida
2014-35 Amendment No. 1 Mowrey elevator services - City Atty Rev
Exhibit A Amendment #1 to Elevator Maintenance Services
Attachments:
approved
6.F.17-699 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT & DISPOSAL BOARD ACTION OF 8/3/17 AND
APPROVAL OF THEIR 2017/2018 PROPOSED BUDGET
Recommendation:Motion to Ratify actions approved by the South Central Regional
Wastewater Treatment and Disposal Board (SCRWTDB) at their Meeting
of August 3, 2017.
Sponsors:City Clerk Department
South Central WWT & Disp Board Action & Proposed BudgetAttachments:
approved
6.G.17-671 POLICE COMMUNICATIONS AGREEMENT
Recommendation:Motion to Approve the Police Communications Agreement, which will
provide police communication services to the Town of Gulf Stream.
Sponsors:Police Department
Legal Review Checklist form v. 3 NEW
Gulfstream police-fire DB_2017 - city atty rev 8_7_17
Attachments:
This item was pulled for discussion. It became item 7.B.B. on the Regular
Agenda.
Chief Goldman gave a brief explanation of the services the City of Delray
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September 7, 2017City Commission Minutes - Final
Beach Police Department provides to the Gulfstream Police Department.
Commissioner Petrolia made a motion to approve the Police
Communication Agreement. It was seconded by Vice Mayor Chard. The
vote carried 5-0.
approved
6.H.17-674 GRANT APPLICATION/EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAG)
Recommendation:Motion to Approve application for the 2017 Edward Byrne Memorial
Justice Assistance Grant in the amount of $32,603.
Sponsors:Police Department
JAG 2017 PROJECT ABSTRACT
JAG 2017 PROGRAM NARRATIVE
JAG 2017 BUDGET DETAIL WORKSHEET AND BUDGET
NARRATIVE
JAG 2017 REVIEW NARRATIVE
JAG 2017 APPLICANT DISCLOSURE
Attachments:
approved
6.I.17-725 SETTLEMENT OFFER IN THE CASE OF GERALD NAICO V. CITY OF
DELRAY BEACH
Recommendation:Motion to deny settlement in the case of Gerald Naico v. City of Delray
Beach for the reasons discussed in the confidential memorandum
previously distributed to the City Commission.
Sponsors:City Attorney Department
Item 6.I. was requested to be removed from the Agenda.
Mr. Lohman explained that Assistant City Attorney Lawanda Warren
prevailed in her motion for summary judgement, so the case was resolved
in the City's favor.
6.J. PROCLAMATIONS:
6.J.1. None
6.K.17-691
REPORT OF APPEALABLE LAND USE ITEMS FROM JULY 31,
2017 THROUGH AUGUST 11, 2017
Recommendation:By motion, receive and file this report.
Sponsors:Planning and Zoning Board
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September 7, 2017City Commission Minutes - Final
Location Map
Ocean City Lofts
The Elk's Lodge
The Grove Side Bar
Attachments:
approved
6.L. AWARD OF BIDS AND CONTRACTS:
6.L.1. None
7. REGULAR AGENDA:
Commissioner Petrolia made a motion to approve the Regular Agenda. It
was seconded by Vice Mayor Chard. The vote passed 5-0.
7.A.17-664 A WAIVER REQUEST TO LDR SECTION 4.3.4(K) DEVELOPMENT
STANDARD MATRIX TO REDUCE THE SIDE INTERIOR FOR THE
THIRD FLOOR FROM 30' TO 20’ IN THE RM (MULTIPLE FAMILY
RESIDENTIAL) ZONING DISTRICT FOR 917 BUCIDA ROAD.
(QUASI-JUDICIAL HEARING)
Recommended Action:
Recommendation:Motion to Approve the waiver request to LDR Section 4.3.4(K)
Development Standard Matrix to reduce the third floor side interior setback
from 30’ to 20’ in the RM (Multiple Family Residential) zoning district for
917 Bucida Road.
Sponsors:Planning & Zoning Department
Justification letter - 917 Bucida Rd
Site plan - 917 Bucida Rd
Third Floor - 917 Bucida Rd
917 Bucida Rd
917 Bucida Rd Board Order
Attachments:
The applicant requested this item to be postponed to the next available
meeting.
7.B.17-676 A WAIVER REQUEST TO LDR SECTION 4.6.7(H)(10)(a)(3),
TEMPORARY NON-COMMERCIAL SIGNS, TO ALLOW SIGNAGE TO BE
PLACED ON THE SCREENING FENCE ON THE NORTHWEST
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September 7, 2017City Commission Minutes - Final
CORNER OF ATLANTIC AVENUE AND NW 8TH AVENUE, AT 805 W.
ATLANTIC AVENUE. (QUASI-JUDICIAL HEARING)
Recommendation:Motion to Approve the waiver request to LDR Section 4.6.7(H)(10)(a)(3),
Temporary Non-Commercial Signs, to allow signage to be placed on the
screening fence on the corner of Atlantic and NW 8th Avenue, at 805 W.
Atlantic Avenue.
Sponsors:Planning & Zoning Department
Waiver Justification Statement
The Set - Proposed Signs at 805 W. Atlantic
The Set Signage Presentation - 805 W. Atlantic
805 W. Atlantic Ave Board Order (The Set Sign Waiver)
Attachments:
This item was post poned to be presented again at the next available
meeting.
7.C.17-723 PARKING MANAGEMENT PRESENTATION ON EXPECTED RETURN
ON INVESTMENT AS REQUESTED BY COMMISSION DURING
AUGUST 15, 2017 MEETING.
Recommendation:Receive information provided by staff concerning the details and expected
Return on Investment resulting from the parking plan receiving consensus of
the Commission during the August 15, 2017 City of Delray Beach (City)
City Commission meeting.
Sponsors:Environmental Services Department
Commission 8-15 ROI.pdf
Beach-Barrier Island ROI.pdf
Attachments:
This item was post poned.
7.D.17-694 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, 2018.
Sponsors:City Clerk Department
Exhibit A
Delray Beach Housing Authority Board Member List
Delray Beach Housing Authority Board Attendance List
Attachments:
Deputy Vice Mayor Johnson deferred her nomination.
7.E.17-695 RATIFICATIONS OF APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD
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September 7, 2017City Commission Minutes - Final
Recommendation:Recommend City Commission approves and ratifies the appointed
members to the Parking Management Advisory Board for a two (2) year
term ending July 31, 2019.
Sponsors:City Clerk Department
Commissioner Katz made a motion to ratify the nominations of
appointment to the Parking Advisory Board. It was seconded by
Commissioner Petrolia. The vote carried 5-0.
7.F.17-745 REQUEST BY DELRAY BEACH COMMUNITY LAND TRUST (DBCLT)
REGARDING 133 SW 12TH AVENUE
Recommendation:Discuss the request made by the Delray Beach Community Land Trust
(DBCLT).
Sponsors:Planning & Zoning Department
133 SW 12th Avenue - DBCLT Request - Memo 09.05.17
Contract for Sale and Purchase for 133 SW 12th Ave
ILA with the CRA for 133 SW 12th Avenue
RECORDED - Resolution-ILA-Purchase Agreement - City-CRA
-10-24-11
Attachments:
Ms. Dobson, Executive Director for the Delray Beach Land Trust gave a
brief explanation on this item. Further discussion ensued.
Commissioner Katz made a motion to approve the request. It was
seconded by Vice Mayor Chard. The motion carried 5-0.
approved
8. PUBLIC HEARINGS:
8.A.17-681 RESOLUTION NO. 57-17: TENTATIVE MILLAGE LEVY
Recommendation:Motion to Approve Resolution No. 57-17 Tentative Millage Levy for FY
2018.
Sponsors:Finance Department
Res 57-17 Tentative Millage Levy FY 2018Attachments:
A motion was made by Commissioner Petrolia to come back to this item
as well as 8.B. and 8.C. since they were advertised to be heard at a time
certain of 7:00 p.m. It was seconded by Vice Mayor Chard.
The vote carried 4-1 with Commissioner Katz dissenting.
At 7:00 p.m., this item was heard.
Mr. Lohman read the title into the record making clear what the tetative
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September 7, 2017City Commission Minutes - Final
millage levy was set at.
Laura Thezine, Acting Finance Director gave a brief budget presentation.
Public comment was open. None was present, therefore, public comment
was closed.
Commissioner Petrolia made a motion to approve Resolution No. 57-17
on first reading. It was seconded by Vice Mayor Chard. The motion
carried 5-0.
.
approved
Yes:Mayor Glickstein, Vice-Mayor Chard, Deputy Vice Mayor Ervin Johnson,
Commissioner Petrolia, and Commissioner Katz
5 -
8.B.17-682 RESOLUTION NO. 58-17 TENTATIVE MILLAGE LEVY/DDA
Recommendation:Motion to Approve Resolution No. 58-17 Tentative DDA Millage Rate for
FY 2018.
Sponsors:Finance Department
Res 58-17 Tentative Tax Levy DDA FY 2018
DDA 2017_18 Approved Budget for City Commission 9.7.17 (002)
Topline FY 17-18 Initiative Memo
Delray Beach DDA FY17-18 Millage Approval Memo 9.7.17
Prioritizing Initiatives DDA V2 SUMMARY 170602 (3)
Attachments:
The title of this resolution was read into record by Mr. Lohman.
A motion to approve the Tentative Millage Levy DDA on first reading was
made by Vice Mayor Chard. It was seconded by Commissioner Petrolia.
The motion carried 5-0.
approved
Yes:Mayor Glickstein, Vice-Mayor Chard, Deputy Vice Mayor Ervin Johnson,
Commissioner Petrolia, and Commissioner Katz
5 -
8.C.17-683 RESOLUTION NO. 59-17 TENTATIVE BUDGET ADOPTION FOR FY
2018
Recommendation:Motion to Approve Resolution No. 59-17 Tentative Budget Adoption for FY
2018.
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September 7, 2017City Commission Minutes - Final
Sponsors:Finance Department
Resolution No 59-17Attachments:
Mr. Lohman read the title into the record. A motion was made by
Commissioner Katz to approve the Tentative Budget Adoption for FY
2018 on first reading. It was seconded by Commissioner Petrolia.
The motion carried 5-0.
approved
Yes:Mayor Glickstein, Vice-Mayor Chard, Deputy Vice Mayor Ervin Johnson,
Commissioner Petrolia, and Commissioner Katz
5 -
8.D.17-714 RESOLUTION NO. 66-17, CONTRACT FOR SALE AND PURCHASE
BETWEEN MICHAEL MELE AND THE CITY
Recommendation:Motion to Approve Resolution No. 66-17.
Sponsors:City Attorney Department
Resolution 66-17
Property Appraiser's Map
Attachments:
Paul Smithkin, Broker gave a brief explanation of the subject property.
Public hearing was opened. With onclosed. Deputy Vice Mayor Chard
had questions regarding the properties zoning and Right-of-Way.
Commissioner Petrolia had concerns about access issues. Deputy Vice
Mayor Johnson asked if there were additional expenditures that may come
about. It was explained that once the property is sold, it is not the city's
responsibility.
A motion was made by Vice Mayor Chard to approve Resolution No.
66-17. It was seconded by Deputy Vice Mayor Johnson. The vote carried
5-0.
approved
8.E.17-713 RESOLUTION NO. 67-17, CONTRACT FOR SALE AND PURCHASE
BETWEEN 1107 SW 7th LAND TRUST AND THE CITY
Recommendation:Motion to Approve Resolution No. 67-17.
Sponsors:City Attorney Department
Resolution 67-17
Property Appraiser Map
Attachments:
Mr. Zack Rosetti gave a brief explanation of the subject property. Public
hearing was closed.
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September 7, 2017City Commission Minutes - Final
A motion was made by Commissioner Petrolia to approve Resolution No.
67-17. It was seconded by Vice Mayor Chard. The vote carried 5-0.
approved
Yes:Mayor Glickstein, Vice-Mayor Chard, Deputy Vice Mayor Ervin Johnson,
Commissioner Petrolia, and Commissioner Katz
5 -
8.F.17-622 ORDINANCE NO. 24-17: 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 ADOPTING A NEW SUBSECTION (C), TO BE
ENTITLED “AUTOMOTIVE RENTAL FACILITY” TO REGULATE THIS
TYPE OF USE IN BOTH THE “GENERAL COMMERCIAL (GC) DISTRICT”
AND THE “PLANNED COMMERCIAL (PC) DISTRICT” AS EITHER A
PERMITTED ACCESSORY USE OR A CONDITIONAL USE; ADOPTING
SUBSECTIONS 4.4.9(C)(7) AND 4.4.12(C)(5) TO PERMIT AUTOMOTIVE
RENTAL FACILITY AS AN ACCESSORY USE IN THE GC AND PC
DISTRICTS, RESPECTIVELY; FURTHER AMENDING SECTION 4.4.12
BY ADOPTING A NEW SUBSECTION (D)(6) TO ALLOW AUTOMOTIVE
RENTAL FACILITY, NEIGHBORHOOD AS A CONDITIONAL USE IN THE
PC DISTRICT AND WITHIN THE FOUR CORNERS OVERLAY DISTRICT;
ESTABLISHING DEFINITIONS FOR THE “ACCESSORY” AND
“NEIGHBORHOOD” CATEGORIES OF AN “AUTOMOTIVE RENTAL
FACILITY" USE BY AMENDING APPENDIX A “DEFINITIONS”. (FIRST
READING/FIRST PUBLIC HEARING)
Recommendation:Motion to Approve Ordinance No. 24-17 amending the Land
Development Regulations, as presented, on First Reading.
Sponsors:Planning and Zoning Board
Ord 24-17
Planning and Zoning Board Staff Report, June 19, 2017
Attachments:
Comments were made by Commissioner Katz regarding installation of a
carport. Further discussion ensued.
A motion was made by Commissioner Katz to approve Ordinance No.
34-17. It was seconded by Commissioner Petrolia. The vote carried 5-0.
approved
Yes:Mayor Glickstein, Vice-Mayor Chard, Deputy Vice Mayor Ervin Johnson,
Commissioner Petrolia, and Commissioner Katz
5 -
8.G.17-696 ORDINANCE NO. 34-17: AMENDING THE LAND DEVELOPMENT
REGULATIONS AT SECTION 4.3.3, SUBSECTION (G), PROHIBITING
MEDICAL MARIJUANA TREATMENT CENTER - DISPENSING
FACILITIES IN ALL ZONING DISTRICTS IN THE CITY OF DELRAY
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September 7, 2017City Commission Minutes - Final
BEACH; AND AMENDING APPENDIX A “DEFINITIONS” TO PROVIDE
DEFINITIONS FOR “MARIJUANA” AND “MEDICAL MARIJUANA
TREATMENT CENTER - DISPENSING FACILITY". (FIRST
READING/FIRST PUBLIC HEARING)
Recommendation:Motion to Approve Ordinance No. 34-17 amending Section 4.3.3(G)
prohibiting Medical Marijuana Treatment Centers - Dispensing Facilities
and Appendix A Definitions, by adopting the findings of fact and law
contained in the Staff Report, and finding that the text amendment and
approval thereof is consistent with the Comprehensive Plan and meets the
criteria set forth in LDR Section 2.4.5(M).
Sponsors:Planning & Zoning Department
Ordinance 34-17 Medical Marijuana Treatment Center Prohibition
08.18.17 - Revised
PZB Staff Report - MMTC Prohibition 08.10.17 Final
SB8-A Medical Marijuana Treatment Centers
Attachments:
Vice Mayor Chard read a few statistics that he researched on how this
Resolution would affect Delray Beach citizens. Further statements were
made regarding the medical marijuana dispensing ban.
A motion was made by Commissioner Katz to approve Ordinance No.
34-17. It was seconded by Commissioner Petrolia. The vote carried 3-2
with Vice Mayor Chard and Deputy Vice Mayor Johnson dissenting.
approved
Yes:Mayor Glickstein, Commissioner Petrolia, and Commissioner Katz3 -
No:Vice-Mayor Chard, and Deputy Vice Mayor Ervin Johnson2 -
8.H.17-700 ADOPTION OF ORDINANCE NO. 31-17 AMENDING CHAPTER 32,
“DEPARTMENTS, BOARDS AND COMMISSIONS” AMENDING
SECTION 32.15, “DEFINITIONS,” SECTION 32.17, “GROUNDS FOR
REMOVAL”; AND REPEALING SECTION 32.18, “PROCEDURE”.
(SECOND READING)
Recommendation:Motion to Approve Ordinance No. 31-17 on second reading.
Sponsors:City Attorney Department
Ord 31-17 amending removal of municipal board etcAttachments:
City Attorney Lohman read the title into record.
Public hearing was opened. There were none present and public hearing
was closed.
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September 7, 2017City Commission Minutes - Final
A motion was made by Commissioner Petrolia to adopt Ordinance No.
31-17. It was seconded by Deputy Vice Mayor Johnson. The vote carried
5-0.
approved
Yes:Mayor Glickstein, Vice-Mayor Chard, Deputy Vice Mayor Ervin Johnson,
Commissioner Petrolia, and Commissioner Katz
5 -
9. FIRST READINGS:
9.A.17-692 ORDINANCE NO. 22-17: AMENDING CHAPTER 10 OF THE LAND
DEVELOPMENT REGULATIONS TO UPDATE THE FLOOD
INSURANCE STUDY DATE AND FLOOD INSURANCE RATE MAPS.
(FIRST READING)
Recommendation:Motion to Approve Ordinance No. 22-17, amending Chapter 10 of the Land
Development Regulations, "Flood Damage Control Districts and Coastal
Construction" Section 10.1.2, "Applicability"; Paragraph (C), "Basis for
Establishing Flood Hazard Areas", to update the Flood Insurance Study
Date and Flood Insurance Rate Maps.
Sponsors:Planning & Zoning Department
Ordinance No. 22-17 amending Flood Hazard Areas of the LDRs
PZ Staff Report Ord 22-17 Flood Hazard Areas
Attachments:
City Attorney Lohman read the title into record. A motion was made by
Vice Mayor Chard to approve Ordinance No. 22-17 on first reading. It was
seconded by Deputy Vice Mayor Johnson. The vote carried 5-0.
approved
9.B.17-654 ORDINANCE NO. 29-17: SANITATION RATES FOR FY2018 (FIRST
READING)
Recommendation:Motion to consider an amendment to the City Code of Ordinances, Chapter
51, "GARBAGE AND TRASH", Section 51.70, "REGULAR CHARGES
LEVIED", to provide for new residential and commercial collection service
rates for fiscal year 2018.
Sponsors:Finance Department
SWS Delray Franchise Agreement FINAL-2-20-15 (3)
Assignment of Exclusive Franchise Agreement 12-14-15
WM Acknowledgement Letter for Delray Beach 10-01-17 A
FINAL City of Delray Beach CPI Adj to Waste Collection Eff October
2017
Ord 29-17 Solid Waste Collection Fees - CityAtty Rev
Res 65-17 Solid Waste Charges and Fees
Attachments:
City Attorney Lohman read the title into record. A brief discussion ensued.
A motion was made by Vice Mayor Chard to approve Ordinance No. 29-17
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September 7, 2017City Commission Minutes - Final
on first reading. It was seconded by Commissioner Petrolia. The motion
carried 5-0.
approved
9.C.17-690 ORDINANCE NO. 36-17: ESTABLISHING AND IMPOSING A
TEMPORARY MORATORIUM WITHIN THE CITY OF DELRAY BEACH ON
THE SUBMITTAL AND PROCESSING OF APPLICATIONS, AND
ISSUANCE OF ANY PERMITS PERTAINING TO COLLOCATION ON
EXISTING OR THE CREATION OF NEW UTILITY POLES IN THE
RIGHT-OF-WAY TO SUPPORT SMALL WIRELESS FACILITIES OR
MICRO WIRELESS FACILITIES UNTIL DECEMBER 31, 2017, TO
ALLOW AN OPPORTUNITY TO DEVELOP REGULATIONS
CONSISTENT WITH CHAPTER 2017-136, REGULATIONS LAWS OF
FLORIDA. (FIRST READING)
Recommendation:Motion to Approve Ordinance No. 36-17, as presented on first reading.
HB 687 Wireless in ROW
Ord. 36-17 Wireless Infrastructure Deployment Ordinance
MORATORIUM
Attachments:
City Attorney Lohman read the title into record.
A motion was made by Commissioner Petrolia to approve Ordinance No.
36-17 on first reading. It was seconded by Vice Mayor Chard. The motion
carried 5-0.
approved
10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
10.A. City Manager
A motion was made by Commissioner Katz to cancel the 9/12
Workshop, schedule a budget workshop for 9/19 thereby cancelling the
second meeting and moving the second meeting to 9/26 which would
be the Second Budget Hearing and the Second Regular Commission
Meeting. It was seconded by Commissioner Petrolia. The vote carried
5-0.
Mr. de Jesus gave an update on Hurricane Irma as it presently stood.
He urged all residents to take it seriously and seek shelter if need be.
He explained that the City of Delray is prepared as a City to the best of
its ability. He stated the shelter would be located at Atlantic High
School and encouraged everyone to bring what they needed to make
themselves comfortable. The timeframe for the storm would be from
pre-dawn on Saturday morning until Monday afternoon.
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September 7, 2017City Commission Minutes - Final
10.B. City Attorney
None
10.C. City Commission
Commissioner Katz asked if someone is parked in garages or surface
lots would they be towed.
Mr. de Jesus explained that parking would not be enforced anywhere.
Commissioner Petrolia asked if County garages would be available.
The answer from Mr. de Jesus was that he would try to get an answer
from the County.
Commissioner Katz asked about the construction sites to see if they
would be secured.
Mr. de Jesus explained that the Inspectors and Code Enforcement
Officers had gone out for the last few days visiting the construction sites
asking the contractors to secure their sites.
Further discussion ensued.
Deputy Vice Mayor Johnson thanked all the residents who has worked
with the City. She wished everyone a safe endurance through the
storm. She commented that a new City Hall is proposed.
Commissioner Petrolia extended a thank you to citizens of Delray that
they follow the curfews and mandates that have been put in place for
their safety.
Commissioner Petrolia commented about the inconvenience Mr. Don
Hinly experienced while using the City's parking meter.
She mentioned a complaint received by Mr. Brecker about permitting
related to renovations.
Vice Mayor Chard commented about a meeting that he sat in with
Planning, Building and Community Improvement that they are
repeatedly going to the sites and giving clear direction on what to do to
prepare for the storm. As the storm gets closer, we have to get the
word out to the community.
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September 7, 2017City Commission Minutes - Final
Mayor Glickstein echoed his colleagues comments and encouraged
everyone to sign-up for Code Red. He wanted to give everyone a
comfort level that City staff is doing everything possible to make sure
Delray Beach is taken care of.
With no further business to discuss, the meeting stood adjourned at
9:56 p.m.
Page 16City of Delray Beach Printed on 4/6/2018