10-03-2017 City Commission Regular Mintues FINALTuesday, October 3, 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
October 3, 2017City Commission Minutes - Final
1. ROLL CALL
Mayor Glickstein called the meeting to order at 6:00 pm.
Commissioners in attendance were:
Mayor Glickstein
Vice Mayor Chard
Deputy Vice Mayor Johnson
Commissioner Katz
Commissioner Petrolia
Also in attendance were:
Interim City Manager, Neal deJesus
City Attorney, R. Max Lohman
City Clerk, Katerri Johnson
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. AGENDA APPROVAL
Neither Interim City Manager deJesus or City Attorney Lohman had any
changes to the agenda.
There were no changes to the agenda by the Mayor or City
Commissioners.
4. PRESENTATIONS:
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
Interim City Manager deJesus had no comments or issues.
5.B. From the Public
Lily Parker said that a neighbor had put up a fence in mid-February which
encroached into a portion of her back yard, including her telephone junction
box. Ms. Parker requested assistance from City staff to resolve this
matter. Mayor Glickstein noted that Community Improvement Director
Michael Coleman would be pleased to assist Ms. Parker with her
concerns.
Pauline Moody expressed concern about the conduct of some City
Page 1City of Delray Beach Printed on 5/16/2018
October 3, 2017City Commission Minutes - Final
employees.
Eric Franklin said that the City's utility billing system was out of date. He
also said bulk pick up had been outside of his home for two to three weeks.
He said that any contractor could pick up all the bulk in a faster amount of
time.
Megan, representing Delray Yacht Cruises, said she would appreciate any
assistance the City could provide her with parking problems experienced
by her patrons.
6. CONSENT AGENDA: City Manager Recommends Approval
Commissioner Katz requested removal of item 6k for discussion.
Commissioner Katz made a motion to approve the Consent Agenda. It was
seconded Commissioner Petrolia agenda as amended. A roll call vote
was taken. The motion was adopted unanimously (5-0).
6.A.17-757 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:
6.B.17-716 APPROVAL OF AMENDMENT NO. 1 WITH RIGHT CHOICE VENDING
FOR VENDING MACHINE SERVICES
Recommendation:Motion to Approve Amendment No. 1 to the Agreement with Right Choice
Vending for vending machine services.
Sponsors:Parks & Recreation Department and Purchasing Department
Legal Review Checklist form v. 3 Right Choice Vending Amendment
Right Choice Vending Amend No 1 CA rev
EXHIBIT A (updated)
Attachments:
approved
6.C.17-704 RESOLUTION NO. 70-17: LOCAL AGENCY PROGRAM AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE
Page 2City of Delray Beach Printed on 5/16/2018
October 3, 2017City Commission Minutes - Final
NE 2ND AVENUE / SEACREST BEAUTIFICATION PHASE 2 (NE 13TH
STREET TO NE 22ND STREET) PROJECT.
Recommendation:Motion to adopt Resolution No. 70-17; and consider approval to execute
the Local Agency Program (LAP) Agreement with the Florida Department
of Transportation (FDOT) for the funding of the NE 2nd Avenue
Beautification Phase 2 (Project No. 16-032).
Sponsors:Environmental Services Department
LOCATION MAP
Legal Review Checklist FDOT LAP NE 2nd ave
LAP agt
Exhibit A
Exhibit B
Exhibit C
Exhibit E
Exhibit F
Exhibit 1
Resolution 70-17 LAP Agt - FDOT
Attachments:
approved
6.D.17-772 APPROVING AMENDMENT #2 TO THE VALET PARKING LICENSE
AGREEMENT WITH THE AVENUE BAR & GRILL, INC, D/B/A 32 EAST
PROVIDING VALET PARKING SERVICES TO EXTEND FOR ONE YEAR
THE LICENSE TO PROVIDE VALET PARKING SERVICES IN THE
CENTRAL BUSINESS DISTRICT OF THE CITY OF DELRAY BEACH
(CITY)
Recommendation:Motion to retroactively approve Amendment #2 to the Valet Parking
License Agreements with The Avenue Bar & Grill, Inc, D/B/A 32 East
providing valet parking services to extend the license from October 1, 2017
until September 30, 2018.
Sponsors:Environmental Services Department
Amendment no. 2 to parking license agt with 32 east.docx
32 East.pdf
Attachments:
approved
6.E.17-777 APPROVING AMENDMENT #2 TO THE VALET PARKING LICENSE
AGREEMENT WITH CAFFE LUNA ROSA TO EXTEND FOR ONE YEAR
THE LICENSE TO PROVIDE VALET PARKING SERVICES IN THE
CENTRAL BUSINESS DISTRICT OF THE CITY OF DELRAY BEACH
Page 3City of Delray Beach Printed on 5/16/2018
October 3, 2017City Commission Minutes - Final
(CITY)
Recommendation:Motion to retroactively approve Amendment #2 to the Valet Parking
License Agreements with Caffe Luna Rosa to extend the license from
October 1, 2017 until September 30, 2018.
Sponsors:Environmental Services Department
Amendment no. 2 to parking license agt with Cafe Luna Rosa.docx
Caffe Luna Rosa original.pdf
Attachments:
approved
6.F.17-778 APPROVING AMENDMENT #2 TO THE VALET PARKING LICENSE
AGREEMENT WITH CUT 42 LLC TO EXTEND FOR ONE YEAR THE
LICENSE TO PROVIDE VALET PARKING SERVICES IN THE CENTRAL
BUSINESS DISTRICT OF THE CITY OF DELRAY BEACH (CITY)
Recommendation:Motion to retroactively approve Amendment #2 to the Valet Parking
License Agreements with Cut 42 LLC to extend the license from October 1,
2017 to September 30, 2018.
Sponsors:Environmental Services Department
Amendment no. 2 to parking license agt with Cut 432.docx
CUT 432.pdf
Attachments:
approved
6.G.17-779 APPROVING AMENDMENT #2 TO THE VALET PARKING LICENSE
AGREEMENT WITH DELRAY TACO, LTD, TO EXTEND FOR ONE YEAR
THE LICENSE TO PROVIDE VALET PARKING SERVICES IN THE
CENTRAL BUSINESS DISTRICT OF THE CITY OF DELRAY BEACH
(CITY)
Recommendation:Motion to retroactively approve Amendment #2 to the Valet Parking
License Agreements with Delray Taco, LTD, to extend the license from
October 1, 2017 to September 30, 2018.
Sponsors:Environmental Services Department
Amendment no. 2 to parking license agt with Delray Taco.docx
Roccos Tacos.pdf
Attachments:
approved
6.H.17-780 APPROVING AMENDMENT #2 TO THE VALET PARKING LICENSE
AGREEMENT WITH 169 NE 2nd, LLC, D/B/A MAX'S HARVEST TO
EXTEND FOR ONE YEAR THE LICENSE TO PROVIDE VALET
Page 4City of Delray Beach Printed on 5/16/2018
October 3, 2017City Commission Minutes - Final
PARKING SERVICES IN THE CENTRAL BUSINESS DISTRICT OF THE
CITY OF DELRAY BEACH (CITY)
Recommendation:Motion to retroactively approve Amendment #2 to the Valet Parking
License Agreement with 169 NE 2nd, LLC, D/B/A Max's Harvest, to extend
the license from October 1, 2017 to September 30, 2018.
Sponsors:Environmental Services Department
Amendment no. 2 to parking license agt with Max's harvest.docx
Maxs Harvest
Attachments:
approved
6.I.17-781 APPROVING AMENDMENT #2 TO THE VALET PARKING LICENSE
AGREEMENT WITH TAVERNA OPA, LLC, TO EXTEND FOR ONE YEAR
THE LICENSE TO PROVIDE VALET PARKING SERVICES IN THE
CENTRAL BUSINESS DISTRICT OF THE CITY OF DELRAY BEACH
(CITY)
Recommendation:Motion to retroactively approve Amendment #2 to the Valet Parking
License Agreement with Taverna Opa, LLC, to extend the license from
October 1, 2017 to September 30, 2018.
Sponsors:Environmental Services Department
Amendment no. 2 to parking license agt with Taverna Opa.docx
Taverna Opa.pdf
Attachments:
approved
6.J.17-782 APPROVING AMENDMENT #2 TO THE VALET PARKING LICENSE
AGREEMENT WITH LSMS, INC, D/B/A TRAMONTI TO EXTEND FOR
ONE YEAR THE LICENSE TO PROVIDE VALET PARKING SERVICES
IN THE CENTRAL BUSINESS DISTRICT OF THE CITY OF DELRAY
BEACH (CITY)
Recommendation:Motion to retroactively approve Amendment #2 to the Valet Parking
License Agreement with LSMS, Inc., D/B/A Tramonti, to extend the license
from October 1, 2017 to September 30, 2018.
Amendment no. 2 to parking license agt with Tramonti.docx
LSMS INC dba TRAMONTI'S VALET AGREEMENT.pdf
Attachments:
approved
6.K.17-791 TERMINATION OF THE AGREEMENT FOR DATA CENTER
COLOCATION AND FIBER TRANSPORT SERVICES WITH GORACK,
Page 5City of Delray Beach Printed on 5/16/2018
October 3, 2017City Commission Minutes - Final
LLC
Recommendation:Motion to terminate the Agreement for data center colocation and fiber
transport services with GoRack, LLC, in Jacksonville, Florida, effective
November 5, 2017.
Sponsors:IT Department
Agenda Item - GoRack DR Site Cancellation
GO RACK LLC Agreement
Attachments:
Information Technology Director Mickey Baker made a brief presentation
regarding the recommended change in vendor. There was a roll call vote.
Commissioner Petrolia moved, seconded by Commissioner Katz to
approve staff's recommendation of the new vendor. The motion was
adopted unanimously (5-0).
approved
6.L.17-759 INTERLOCAL AGREEMENT FOR LICENSE PLATE RECOGNITION
DATA SHARING
Recommendation:Motion to Approve an Agreement between the City of Delray Beach Police
Department and the Town of Highland Beach Police Department to share
access to their respective License Plate Recognition Camera System
(LPR) data for law enforcement purposes.
Sponsors:Police Department
Interlocal Agreement for License Plate Recognition Data Sharing
Legal checklist
Attachments:
approved
6.M.17-783 PROPOSED OFFER OF SETTLEMENT IN THE CASE OF PHYLLIS
SMITH V. CITY OF DELRAY BEACH
Recommendation:Motion to deny the settlement offer for the reasons discussed in the
confidential memorandum previously distributed to the City Commission.
Sponsors:City Attorney Department
approved
6.N. PROCLAMATIONS:
6.N.1. None
6.O. AWARD OF BIDS AND CONTRACTS:
Page 6City of Delray Beach Printed on 5/16/2018
October 3, 2017City Commission Minutes - Final
6.O.1.17-744 AWARD OF AN AGREEMENT TO BAXTER & WOODMAN, INC. DBA
MATHEWS CONSULTING, A BAXTER & WOODMAN COMPANY FOR
CONSTRUCTION ENGINEERING AND INSPECTION SERVICES FOR
AREA 12C RECLAIMED WATER, PROJECT 16-024 IN A
NOT-TO-EXCEED AMOUNT OF $275,025.
Recommendation:Motion to Award an Agreement to Baxter & Woodman, Inc. DBA Mathews
Consulting, a Baxter & Woodman Company, in the amount not-to-exceed
$275,025 for Construction Engineering and Inspection (CEI) Services
related to the construction of the Area 12C Reclaimed Water System
Expansion Project, consisting of reclaimed water mains, potable water
mains, sewer mains and storm water improvements along Lewis Cove,
Brooks Lane, White Drive, Rhodes Villa Avenue, Del Haven Drive and S.R.
A.1.A (from Linton Boulevard to Casuarina Road) in a not-to-exceed
amount of $275,025.
Sponsors:Purchasing Department and Environmental Services Department
Mathews Consulting, a Baxter and Woodman Company Submittal
2017-042 RFQ Document (Final) per Addendum No. 2
2017-042 Scoring Summary
Agreement RFQ 2017-042
Legal Review Checklist form v. 3 matthews reclaimed water
Project Location Map
Attachments:
approved
6.O.2.17-808 AWARD OF AN AGREEMENT TO FLORIDA CDI, LLC FOR THE 100'
CHRISTMAS TREE AND NORTH POLE VILLAGE ASSEMBLY AND
DISASSEMBLY IN AN ANNUAL NOT-TO-EXCEED AMOUNT OF
$121,700.
Recommendation:Motion to Award a five-year agreement to Florida CDI, LLC for the 100'
Christmas Tree and North Pole Village Assembly and Disassembly in an
annual not-to-exceed amount of $121,700 (Project No. 17-062) and
authorize City Manager to exercise renewal options.
Sponsors:Purchasing Department and Environmental Services Department
ITB 2017-058 - Final
Florida CDI LLC Christmas Designers - ITB 2017-058
ITB 2017-058 Tabulation Sheet
Final Agreement - Florida CDI LLC (002) CAO rev (2).docx
Exhibits 1-11
Addendum 1 (Rev 1) Final
Addendum 2
Attachments:
Page 7City of Delray Beach Printed on 5/16/2018
October 3, 2017City Commission Minutes - Final
approved
7. REGULAR AGENDA:
7.A.17-747 REQUEST FOR A WAIVER TO LDR SECTION 4.6.7(E)(7) TO ALLOW A
WALL SIGN ON THE WEST ELEVATION WHICH DOES NOT FACE A
DEDICATED STREET FRONTAGE FOR CUBESMART
SELF-STORAGE LOCATED AT 3185 S. CONGRESS AVENUE.
(QUASI-JUDICIAL HEARING)
Recommendation:Motion to Approve the waiver request to LDR Section 4.6.7(E)(7) for
CubeSmart located at 3185 S. Congress Avenue, as presented.
Sponsors:Planning & Zoning Department
Justification letter
Sign One, Two, and Three
Sign Three - Requested Waiver
3185 S. Congress Board Order
Attachments:
Mr. Stillings made introductory comments. Carlos Lorenzo, representing
the applicant, Cubesmart/K&L made a brief presentation regarding a
request for a wayfaring sign on the west elevation of the subject building.
There were no public comments. Mr. Stillings said that City staff
recommended approval of the applicant's request. Mr. Lorenzo responded
to questions from the Mayor and City Commissioners.
Mr. Lohman read the board order into the meeting record. The order was
accepted by the Mayor and City Commission as drafted. Commissioner
Petrolia moved, seconded by Commissioner Katz, to approve staff's
recommmendation to allow a wall sign on the west elevation not facing a
street elevation. The motion was approved unanimously (5-0).
approved
8. PUBLIC HEARINGS:
8.A.17-793 ORDINANCE NO. 22-17: AMENDING CHAPTER 10 OF THE LAND
DEVELOPMENT REGULATIONS TO UPDATE THE FLOOD
INSURANCE STUDY DATE AND FLOOD INSURANCE RATE MAPS.
(SECOND 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
Page 8City of Delray Beach Printed on 5/16/2018
October 3, 2017City Commission Minutes - Final
Ordinance No. 22-17 amending Flood Hazard Areas of the LDRs
PZ Staff Report Ord 22-17 Flood Hazard Areas
Attachments:
Mr. Lohman read the title of the ordinance into the meeting record. There
were no public comments. Commissioner Petrolia moved, seconded by
Vice Mayor Chard, to approve Ordinance 22-17. A roll call vote was taken.
The motion was adopted unanimously (5-0).
adopted
8.B.17-794 ORDINANCE NO. 29-17: SANITATION RATES FOR FY2018 (SECOND
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:
Mr. Lohman read the title of the ordinance into the meeting record..
Commissioner Petrolia moved, seconded by Commissioner Katz, to
adopt Ordinance 29-17. The motion was adopted unanimously (5-0).
adopted
8.B.1.17-795 RESOLUTION NO. 65-17: SANITATION RATES FOR FY2018
Sponsors:Finance Department
Res 65-17 Solid Waste Charges and FeesAttachments:
Commissioner Katz moved, seconded by Commissioner Katz,
to approve Resolution 65-17. A roll call vote was taken. The
motion was adopted unanimously (5-0).
approved
PURSUANT TO CHAPTER 166.041(3)(B), F.S., ORDINANCE 22-17 AND
ORDINANCE 29-17 ARE DEEMED EMERGENCY ORDINANCES.
Page 9City of Delray Beach Printed on 5/16/2018
October 3, 2017City Commission Minutes - Final
8.C.17-785 RESOLUTION NO. 71-17 TERMINATION OF 2011 ATLANTIC
CROSSING DEVELOPMENT AGREEMENT
Recommendation:Motion to approve Termination of 2011 Atlantic Crossing Development
Agreement.
Announce October 19, 2017 at 6:00 p.m. as the date for the second
public hearing and consideration of Resolution No. 71-17 to terminate
the Development Agreement.
Sponsors:City Attorney Department
Resolution 71-17
Termination of Development t Agreement
Executed Development Agreement
Settlement Addendum Executed
Attachments:
Included with Item 10b below.
9. FIRST READINGS:
9.A. None
10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
10.A. City Manager
Mr. deJesus noted that the Delray Beach Community Redevelopment
was requesting a joint meeting with the City Commission during the
month of November. There was City Commission agreement to hold
the joint meeting on November 14th between 5:00 and 6:00 p.m.
10.B. City Attorney
Mr. Lohman noted that both parties to the Atlantic Crossing developer's
agreement were required to execute termination of the agreement by
Resolution 71-17. There were no public comments. Mr. Lohman noted
that consideration for second hearing for this matter would take place at
6:00 p.m. on October 17, 2017. Commissioner Katz moved, seconded
by Vice Mayor Chard, to authorize execution of the termination
agreement. The motion was adopted unanimously (5-0).
Mr. Lohman requested City Commission consensus relative to
continuation of bike lane litigation. There was agreement by the City
Commission for Mr. Lohman to proceed with this matter.
Page 10City of Delray Beach Printed on 5/16/2018
October 3, 2017City Commission Minutes - Final
10.C. City Commission
Vice Mayor Chard inquired about plans for City Manager candidates for
next Monday evening. Mr. deJesus said that the event would be held at
the Delray Beach Golf Club between 5:00 and 7:30 p.m., with City
department heads, members of CRA Board and all other advisory
boards and other interested parties invited. Vice Mayor Chard inquired
whether candidates would be given a tour of the City. Mr. deJesus said
that City staff could provide tours if requested.
Vice Mayor Chard inquired about the status of full cost recovery.
Mr.deJesus said that City staff was working diligently to review and
change the policy as soon as practical.
Vice Mayor Chard said that he had recently walked the west side
highway in New York. He said it was amazing to see all of the
public/private partnerships in the City. Vice Mayor Chard stated that
nearly every building in this area had a rooftop garden, restaurant or
bar.
Commissioner Petrolia noted that she had attended the books and
barbeque event last weekend. She also said that it was wonderful to
see the removal of storm debris from neigborhoods around the City.
Commissioner Petrolia noted that she had the opportunity to attend last
Monday night's open house at Atlantic Community High School. She
said that the teachers were wonderful and the facility was very
impressive. Commissioner Petrolia had changed from lecturing in the
past to collaboration in the present.
Deputy Vice Mayor Johnson said that she would be going on a short
vacation. Deputy Vice Mayor Johnson also stated that she had some
concerns about things she had recently heard about. She expressed
concern about staff's ability to respond to public records requests.
Deputy Vice Mayor Johnson stated that she was excited about the
prospect of hiring a new City Manager. She said it would be a lof of
hard work to choose one of the two final candidates.
Commissioner Petrolia noted that the Delray Reads program was
coming up on November 3rd. She also noted that registration was
open to sign up for a school.
Commissioner Katz thanked the CRA for sending a letter to the Mayor
indicating that the Executive Director would provide a monthly report to
the City Commission. He requested that this matter be calendared on
future City Commission meetings.
Page 11City of Delray Beach Printed on 5/16/2018
October 3, 2017City Commission Minutes - Final
Commissioner Katz inquired about the possibility of designating
parking spaces or making parking permits available to the Lady
Atlantic Yacht. Commissioner Petrolia noted that the Community
Center at Veteran's Park provided parking passes for the rear view
mirror. Commissioner Petrolia said she would be interested in trying to
find a solution to the present parking problem. Stating that the Lady
Atlantic was iconic in Delray Beach, parking was essential to its
operation. Following discussion between the City Commission and
City staff, there was consensus for City staff to move forward with the
least burdensome approach to staff, involving the usage of parking
spaces.
Mayor Glickstein thanked the Delray Beach Historical Society for
bringing Harvey Oyer III as a speaker at Old School Square last week.
Vice Mayor Chard noted that a number of organizations, the DDA, Old
School Square, Chamber of Commerce and Rotary worked together to
make Mr. Oyer's apperance possible.
Mayor Glickstein requested that Mr. Lohman and his staff look into ways
to make it more difficult to make home rentals into "party houses". Mr.
Lohman said that he and his staff would explore this matter in detail.
Commissioner Katz thanked all of the City's first responders for their
assistance in ensuring the safety of both the residents of, and visitors
to, the City. Mr. deJesus noted that some members of the Police
Department would be graduating as certified medics this Friday.
Mayor Glickstein gave credit to Mr. deJesus for educating the City
Commission about public safety issues. Mr. deJesus noted the
importance of being prepared to respond to attacks.
Mr. deJesus said that the City Clerk had an item for the City
Commission's consideration. Ms. Johnson said that the Palm Beach
County Supervisor of Elections was requesting a change in the
absentee ballot period from January 30th to February 13th, to
December 4th to December 18th. She noted that some other cities
had already made the change. Mr. Lohman said that he would work
with Ms. Johnson to draft an ordinance for City Commission
consideration at a future City Commission meeting.
There being no further business, the meeting stood adjourned at 7:49
p.m.
Page 12City of Delray Beach Printed on 5/16/2018