11-07-2017 City Commission Minutes FINALTuesday, November 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
November 7, 2017City Commission Minutes - Final
1. ROLL CALL
The Regular Commission Meeting was called to order at 6:00 p.m. The
following members were present:
Mayor Glickstein
Vice Mayor Chard
Deputy Vice Mayor Johnson
Commissioner Katz
Commissioner Petrolia
Others present were:
Mr. Mark R. Lauzier, City Manager
R. Max Lohman, City Attorney
Katerri Johnson, City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. AGENDA APPROVAL
Mayor Glickstein introduced the new city manager, Mr. Mark Lauzier, and
welcomed him and his family to Delray.
Commissioner Petrolia would like 6.A., the approval of minutes to be
removed for couple of changes. She also wanted 6.H. and 6.I. pulled for
discussion.
Deputy Vice Mayor Johnson wanted to pull 6.F. for discussion.
Vice Mayor Chard wanted to pull 6.N.2. for discussion.
Mayor Glickstein stated that 6.A. will become 7.A.A., 6.H. will become
7.B.B. and 6.I. will become 7.C.C., and 6.F. will become 7.D.D.
Vice Mayor Chard made a motion to approve the agenda as amended.
The motion was seconded by Commissioner Petrolia. A Roll Call vote was
taken and all were in favor. The motion carried 5-0.
4. PRESENTATIONS:
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4.A.17-844 SHOP SMALL 2017 PRESENTATION
Recommendation:Support and promote the Shop Small initiative in conjunction with Small
Business Saturday - the Saturday after Thanksgiving.
Sponsors:Economic Development Department
Joan Goodrich gave a presentation of "Shop Small 2017", Director of
Economic Development. Also present Laura Simon of the Downtown
Development Authority and Ben Nolan from the Chamber of Commerce.
5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS:
Mayor Glickstein opened up the meeting to the public.
Pauline Moody, temporarily homeless had many concerns.
James Quinlan of 925 S.E. 2nd Avenue had a concern regarding a
property that the city owns off of Dixie Highway.
Lisa Quinlan of 925 S.E. 2nd Avenue stated that Oceola Park
neighborhood was never notified about the property being for sale.
Allen Costello, Vice Chair of the Downtown Development Authority thanked
Mr. Stillings and the Planning and Zoning Department and looks forward to
working with the city in the future.
Ken McNemy of 1049 Dellhaven Drive was concerned with the contract
with Waste Management. He is not in favor of the Fire Training Facility, he
stated that there was no business plan done for this project.
Mayor Glickstein closed the public portion of the meeting.
Mayor Glickstein read the proclamation of National Hunger and
Homelessness Awareness Week- November 11-19, 2017.
5.A. City Manager’s response to prior public comments and inquiries
5.B. From the Public
6. CONSENT AGENDA: City Manager Recommends Approval
6.A.17-856 APPROVAL OF MINUTES
Recommendation:Motion to Approve minutes as listed below.
Sponsors:City Clerk Department
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November 7, 2017City Commission Minutes - Final
July 6, 2017 Regular Meeting Minutes - DraftAttachments:
Commissioner Petrolia and Deputy Vice Mayor Johnson requested
changes to the minutes.
Commissioner Petrolia made a motion to approve the minutes. It was
seconded by Deputy Vice Mayor Johnson. A Roll Call vote was taken and
all were in favor. The motion carried 5-0.
6.B.17-847 CONSIDERATION OF A FINAL BOUNDARY PLAT FOR DELRAY
MEDICAL PARCEL, LOCATED AT 4675 LINTON BOULEVARD
Recommendation:Move approval for the Final Boundary Plat for Delray Medical Parcel
by adopting the findings of fact and law contained in the staff report
and finding that the request and approval thereof is consistent with
the criteria set forth in Section 2.4.5(K), Minor Subdivision of the
Land Development Regulations.
Sponsors:Planning and Zoning Board
Plat Exhibit
Delray Medical Parcel Plat Location Map
Delray Medical Parcel Plat Aerial Map
Attachments:
approved
6.C.17-749 ACCEPTANCE OF A 6 FOOT PEDESTRIAN EASEMENT BEGINNING
AT THE SW CORNER OF PARCEL OF LAND RECORDED IN OFFICIAL
RECORDS BOOK 28423 PAGE 3 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY. THENCE 36 DEGREES W A DISTANCE OF
20 FEET; THENCE N 90 DEGREES E A DISTANCE OF 6 FEET;
THENCE S 36 DEGREES E A DISTANCE OF 20 FEET; THENCE N 90
DEGREES W A DISTANCE OF 6 FEET TO THE POINT OF BEGINNING.
Recommendation:Motion to approve the foot pedestrian agreement located at 183 NE 2nd
Avenue which begins at the SW corner of parcel of land recorded in official
records book 28423 of the public records of Palm Beach County.
Sponsors:Planning & Zoning Department
Exhibit A
The Grove Sidebar -Sidewalk Easement Agreement
Attachments:
approved
6.D.17-807 INTERLOCAL AGREEMENT WITH THE DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY FOR THE CO-TITLE TENNIS
TOURNAMENT SPONSORSHIP/DIAMOND "CITY" PARTNERSHIP
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November 7, 2017City Commission Minutes - Final
Recommendation:Motion to approve the Interlocal Agreement with the Delray Beach
Community Redevelopment Agency (CRA) for a term which will
commences upon execution of the contract and terminate on September
30, 2018 for the Co-Title Tennis Tournament Sponsorship/ Diamond "City"
Partnership in the amount of $1,000,000.
Sponsors:Parks & Recreation Department
ILA FY 17-18 Tennis Sponsorship-par exec
ILA - CRA BOARD SUMMARY 2017-2018
Legal Review Checklist form v. 3 ILA with CRA for Tennis
Tournaments
Attachments:
approved
6.E.17-823 SERVICE AUTHORIZATION NO. 17-02 WITH WANTMAN GROUP, INC.
FOR THE DESIGN AND CONSTRUCTION ADMINISTRATION FOR THE
CITY MARINA SEAWALL CIVIL OFF-SITE IMPROVEMENTS IN A
NOT-TO- EXCEED AMOUNT OF $99,493.64.
Recommendation:Motion to Approve Service Authorization No. 17-02 with Wantman Group,
Inc. in a not-to-exceed amount of $99,493.64 for the City of Delray Beach
(City) Marina seawall civil off-site improvements (Project No. 16-098).
Sponsors:Environmental Services Department
Location Map
WGI SA 17-02
WGI Annual Contract 2017
Attachments:
approved
6.F.17-835 APPROVE SPENDING LIMIT INCREASE FOR FY 2018 AND RENEWAL
OF THE AGREEMENT WITH BATALLAN ENTERPRISES, INC. DBA
PROPERTY WORKS, INC. IN AN AMOUNT OF $65,600 FOR
STORMWATER RETENTION AREAS AND LANDSCAPING
MAINTENANCE
Recommendation:Motion to Approve a spending limit increase for FY2018 in the amount of
$4,625.00 for an additional location and Motion to Approve the renewal of
the agreement with Batallan Enterprises, Inc. dba Property Works Inc. in
the amount of $65,600.00 for stormwater retention areas and landscape
maintenance.
Sponsors:Environmental Services Department
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November 7, 2017City Commission Minutes - Final
2nd Renewal Letter Executed
Specs Bid #2015-39 Stormwater Retention Areas
Original Agreement 2015
Legal Review Checklist form v. 3 Ballatan Enterprises
Battalan Amendment 1.pdf
Attachments:
Deputy Vice Mayor Johnson had a couple of questions regarding this item,
it was a resolution to approve spending limit increase for 2018 and renewal
of the agreement with Battallan Enterprises, Inc. for landscaping in the
stormwater retention areas.
Commissioner Petrolia made a motion to approve this item. It was
seconded by Vice Mayor Chard. A Roll Call vote was taken and all were in
favor. The motion carried 5-0.
approved
6.G.17-816 INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH
AND THE COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR
FUNDING OF AN ENGINEERING INSPECTOR POSITION
Recommendation:Motion to approve interlocal agreement between the City of Delray Beach
(City) and the Community Redevelopment Agency (CRA) for funding of the
Engineering Inspector Position in the amount not to exceed $75,000.
Sponsors:Environmental Services Department
Interlocal Agreement- Engineering Inspector Position
Legal Review Checklist CRA ILA for Engineer
Attachments:
approved
6.H.17-818 INTERLOCAL AGREEMENT WITH THE CITY OF DELRAY BEACH (CITY)
AND THE COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR
FUNDING CONSTRUCTION AND PROFESSIONAL SERVICES FOR FY
2017-2018
Recommendation:Motion to approve the Interlocal Agreement (ILA) between the City of
Delray Beach (City) and the Community Redevelopment Agency (CRA) for
funding of construction and professional services for FY 2017-2018.
Sponsors:Environmental Services Department
Interlocal Agreement (ILA) between the City and the Community
Redevelopment Agency (CRA) for funding of construction and
professional services for FY 2017-2018
Legal Review Checklist ILA CRA Construction and professional
services.
Attachments:
Commissioner Petrolia had some concerns regarding the interlocal
agreement with the Community Redevelopment Board.
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Deputy Vice Mayor Johnson also had questions.
Commissioner Petrolia made a motion to approve item 6.H. It was
seconded by Vice Mayor Chard. A Roll Call vote was taken and all were in
favor. The motion carried 5-0.
approved
6.I.17-819 INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH
(CITY) AND THE COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR
FUNDING OF TROLLEY SERVICE
Recommendation:Motion to approve agreement between the City of Delray Beach (City) and
the Community Redevelopment Agency (CRA) for funding of trolley
services.
Sponsors:Environmental Services Department
INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY
BECH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT
AGENCY FOR FUNDING OF TROLLY SERVICE
Legal Review Checklist ILA CRA for Trolley
Attachments:
Commissioner Petrolia had questions regarding item 6.I. an interlocal
agreement between the city and the Community Redevelopment Agency
for funding of the trolley service.
Mayor Glickstein asked that they move this item to after the presentation.
Commissioner Katz made a motion to move this item. It was seconded by
Commissioner Petrolia. A Roll Call vote was taken and all were in favor.
The motion carried 5-0.
approved
approved
6.J.17-848 APPROVAL OF AMENDMENT NO. 1 WITH THE BANCORP BANK FOR
POLICE VOLUNTEER VEHICLES LEASE
Recommendation:Motion to approve Amendment No. 1 with The Bancorp Bank to extend the
Agreement from November 11, 2017 through March 11, 2018 for police
volunteer vehicles lease in an amount not-to-exceed $10,000.
Sponsors:Police Department
Legal Review Checklist form v. 3 volunteer vehicle lease for PD
Bancorp Amendment No 1 Executed
Attachments:
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November 7, 2017City Commission Minutes - Final
approved
6.K.17-860 APPROVAL OF AMENDMENT NO. 1 WITH HART HALSEY LLC FOR
ADMINISTRATION OF OFF DUTY POLICE DETAILS
Recommendation:Motion to approve Amendment No. 1 with Hart Halsey LLC to extend the
Agreement from November 3, 2017 through November 2, 2018 for
administration of off duty police details.
Sponsors:Police Department
Legal Review Checklist_Amendment Off Duty Police Details
Hart Halsey Agreement 2015-73 F Executed 2017
Off Duty Police Details Form 6 Schedule of Pricing (updated 2017)
Hart Halsey and the City of Delray Beach Original Agreement
Attachments:
approved
6.L. PROCLAMATIONS:
6.L.1.17-843 FAMILY CAREGIVERS MONTH - NOVEMBER 2017 - PROCLAMATION
Sponsors:City Clerk Department
Family Caregivers 2017Attachments:
6.L.2.17-867 NATIONAL HUNGER & HOMELESSNESS AWARENESS WEEK 2017 -
NOVEMBER 11-19, 2017 - PROCLAMATION
Sponsors:City Clerk Department
Hunger and Homelessness Awareness Week 2017Attachments:
6.L.3.17-845 2017 SMALL BUSINESS SATURDAY - NOVEMBER 25, 2017 -
PROCLAMATION
Recommendation:Proclaim November 25, 2017 as Small Business Saturday in Delray
Beach, Florida.
Sponsors:Economic Development Department
110717 Delray Beach Small Business Saturday 2017 ProclamationAttachments:
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November 7, 2017City Commission Minutes - Final
6.M.17-831 REPORT OF APPEALABLE LAND USE ITEMS FROM AUGUST
28, 2017 THROUGH OCTOBER 6, 2017
Recommendation:By motion, receive and file this report.
Sponsors:Planning & Zoning Department
Location Map 11-7-17.pdf
1420 N Swinton Ave.pdf
Attachments:
6.N. AWARD OF BIDS AND CONTRACTS:
6.N.1.17-809 APPROVAL OF AN AGREEMENT WITH ODYSSEY MANUFACTURING
CO. FOR BULK SODIUM HYPOCHLORITE FOR THE WATER
TREATMENT PLANT OPERATIONS USING THE PALM BEACH
COUNTY CONTRACT.
Recommendation:Motion to approve an agreement with Odyssey Manufacturing Co.
(Odyssey) for the purchase and delivery of bulk sodium hypochlorite for use
at the City of Delray Beach’s (City) water treatment plant in the production
of potable water, in an annual not to exceed amount of $350,000, using the
Palm Beach County (County) contract, subject to annual renewals by the
County.
Sponsors:Environmental Services Department
Master Agreement - Odyssey Manufacturing Co.
Odyssey Lowest Pricing Letter 20161114
Corporate authority to bind agreement
Legal Review Checklist Odyssey Mftg Sodium Hypochloride
Attachments:
approved
6.N.2.17-834 AWARD OF AN AGREEMENT WITH WEST CONSTRUCTION, INC. FOR
CONSTRUCTION OF A PAVILION AND DECK AT ATLANTIC DUNES
PARK IN A NOT-TO-EXCEED AMOUNT OF $320,000
Recommendation:Motion to award an Agreement with West Construction, Inc. for the
construction of a pavilion and deck at Atlantic Dunes Park in a total amount
not to exceed $320,000.
Sponsors:Environmental Services Department
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2017-038 Atlantic Dunes Pavilion Deck ITBC
2017-038 Addendum No. 1
2017-038 Addendum No. 2
2017-038 Addendum No. 3
2017-038 Bid Tabulation
2017-038 Contractor Executed Atlantic Dunes Pavilion & Deck
Agreement
Legal Review Checklist form v. 3 West Construction Atlantic Dunes
Pavilion
Attachments:
Vice Mayor Chard had a question regarding the award of an agreement
with West Construction, Inc. for construction of a pavilion and deck at
Atlantic Dunes Park.
Commissioner Petrolia made a motion to approve this agreement. It was
seconded by Vice Mayor Chard. A Roll Call vote was taken and all were in
favor. The motion carried 5-0.
approved
7. REGULAR AGENDA:
7.A.17-758 206 SE 2ND ST IN LIEU OF PARKING FEE REQUEST FOR 9 SPACES
(QUASI-JUDICIAL HEARING)
Recommendation:Motion to approve in lieu of parking fee request in the amount of $41,400
for 9 parking spaces associated with the conversion of 2,169 square feet
of retail to restaurant at 206 SE 2nd Street, 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 the criteria set forth in
Section 4.6.9(E) of the Land Development Regulations, subject to the
condition that full payment be paid upon issuance of a building permit.
Sponsors:Planning & Zoning Department
In Lieu signed agreement SIGNED
Exhibit A
Legal Review Checklist form v. 3 in lieu parking 206 se 2 street
206 SE 2nd ST Board order
Attachments:
Katerri Johnson, City Clerk, swore in the applicant.
Tim Stillings, of the Planning Department reported on the item 17-758, 206
S.E. 2nd Street, in lieu of parking fee request for 9 spaces.
Tyler Knight of 813 Delmar Way gave a presentation .
Mayor Glickstein opened up the meeting for public comment.
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James Quinlan of 925 S.E. 2nd Avenue is in favor of a new restaurant.
Kevin Homer of 327 & 329 S.E. 3rd Avenue is in favor of a new restaurant
at that location.
The clerk swore Dr. Victor Kerson of Tierra Verde in. He is in favor of this
restaurant.
Mr. Lohman read the Board Order. All in favor.
Commissioner Katz made a motion to approve. It was seconded by
Commissioner Petrolia. A Roll Call vote was taken and all were in favor.
The motion carried 5-0.
approved
7.B.17-837 THE RAMEN @ HILO, LOCATED AT 181 NE 2ND AVE, IN LIEU OF
PARKING FEE REQUEST FOR 2 SPACES (QUASI-JUDICIAL
HEARING)
Recommendation:Motion to approve the in lieu of parking fee request in the amount of
$20,280 for 2 parking spaces for 181 NE 2nd Avenue, 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 the criteria
set forth in Section 4.6.9(E) of the Land Development Regulations, subject
to the condition that full payment be paid upon issuance of a building
permit.
Sponsors:Planning & Zoning Department
CC Board Order 9.16.2017
Ramen @ Hilo Site Plan
Ramen @ Hilo Floor Plan
Ramen @ Hilo Eng. /Parking
Attachments:
Mr. Stillings, Planning Director reported on the application from Ramen @
Hilo, located at 181 N.E. 2nd Avenue, in lieu of parking fee request for 2
spaces. Ms. Moto of Ramen was present.
Mayor Glickstein opened up the meeting for public comment.
Christina Morrison of 2809 Florida Boulevard, a Board member of the
Pinapple Grove Arts District is in favor of this item.
Mayor Glickstein closed the public portion of the meeting.
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Commissioner Petrolia and Deputy Vice Mayor Johnsone had questions
regarding the parking spaces.
Mr. Loman read the Board Order. All in favor.
Commissioner Petrolia made a motion to approve this item. It was
seconded by Vice Mayor Chard. A Roll Call vote was taken and all were in
favor. The motion carried 5-0.
approved
7.C.17-880 PRESENTATION OF OPTIONS FOR A CITY OF DELRAY BEACH
OPERATED DOWNTOWN TRANSPORTATION SERVICE.
Recommendation:Discussion of possible options to provide transportation alternatives in the
City of Delray Beach (City) downtown area and to provide direction on
which option(s) City Staff is to proceed with implementing.
Sponsors:Environmental Services Department
Missie Barletto, Deputy Director of Programs and Project Management
discussed some of the issues affecting the Roundabout Trolley. A
discusison ensued. Mayor Glickstein suggested that a RFP or an RFI
would be needed for this project. The Commission will meet at a later date
to discuss this matter further.
Vice Mayor Chard made a motion to approve this item. It was seconded
by Commissioner Petrolia. A Roll Call vote was taken and all were in favor.
The motion carried 5-0.
approved
7.D.17-851 NOMINATION FOR APPOINTMENT TO THE GREEN IMPLEMENTATION
ADVANCEMENT BOARD
Recommendation:Motion to approve nomination for appointment for one (1) regular member
to serve on the Green Implementation Advancement Board for an
unexpired term ending July 31, 2018.
Sponsors:City Clerk Department
Exhibit A
Green Implementation Advancement Board Member List
Green Implementation Advancement Board.3
Attachments:
continued
7.E.17-832 RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD
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Recommendation:Recommend City Commission approves and ratifies the appointed
member to the Parking Management Advisory Board for a two (2) year
term ending July 31, 2019.
Sponsors:City Clerk Department
Mayor Glickstein asked for a motion to ratify the nominations to the Parking
Management Board. Commissioner Petrolia made a motion to approve. It
was seconded by Vice Mayor Chard. A Roll Call vote was taken and all
were in favor. The motion carried 5-0.
approved
8. PUBLIC HEARINGS:
8.A.17-874 RESOLUTION NO. 76-17: AUTHORIZING THE PURCHASE OF
COMMERCIAL PROPERTY LOCATED AT 15 SE 10TH STREET AND A
PARCEL LOCATED ON SE 1ST AVENUE (PUBLIC HEARING)
Recommendation:Motion to approve Resolution No. 76-17.
Sponsors:City Attorney Department
Resolution 76-17 _
Appraisal of Real Property - 15 SE 10th Street
Seller Exchange Addendum
Attachments:
Mr. Lohman read the resolution, authorizing the purchase of commercial
property located at 15 S.E. 10th Street and a parcel located on S.E. 1st
Avenue.
Fire Chief Neal deJesus gave a presentation on the need for a fire training
facility.
Mayor Glickstein opened the meeting up for public comment.
Dr. Victor Kurson of Tiera Verde would like to see a financial plan of the
cost of the building and the cost of maintaining the building.
Christina Morrison 2809 Florida Boulevard agreed with Dr. Kurson, did not
think a Fire Training facility is needed.
Mayor Glickstein closed the public portion of the meeting.
A discussion ensued.
Jim Knight of 10 S.E. 1st Avenue said the property was appraised by a
certified general appraiser which is a commercial appraiser.
Commissioner Petrolia made a motion to move this item to a workshop
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November 7, 2017City Commission Minutes - Final
meeting. No one seconded. The motion failed.
Deputy Vice Mayor Johnson made a motion to approve. It was seconded
by Commissioner Katz. A Roll Call vote was taken. Vice Mayor Chard-yes
Commissioner Katz-yes Deputy Vice Mayor Johnson-yes Mayor
Glickstein- yes Commissioner Petrolia- no The motion carried 4-1.
approved
8.B.17-736 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”.
(SECOND READING/SECOND PUBLIC HEARING)
Recommendation:Motion to Approve Ordinance No. 24-17 amending the Land
Development Regulations, as presented, on Second Reading.
Sponsors:Planning and Zoning Board
Ord No. 24-17
Revisions Memorandum Highlighting Changes
Planning and Zoning Board Staff Report, June 19, 2017
Attachments:
Mr. Lohman read Ordinance 24-17 amending the Land Development
Regulations of the code of ordinances by amending Section 4.3.3.,
"Special requirements for specific uses".
Mr. Stillings reported the changes on the ordinance.
Mayor Glickstein opened up the meeting for public comment. Hearing
none, he closed the public portion.
Commissioner Petrolia made a motion to approve the ordinance on
second reading. It was seconded by Commissioner Katz. A Roll Call vote
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November 7, 2017City Commission Minutes - Final
was taken and all were in favor. The motion carried 5-0.
adopted
8.C.17-849
ORDINANCE NO. 32-17: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A
SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM
TRANSITIONAL (TRN) TO GENERAL COMMERCIAL (GC), PURSUANT
TO THE PROVISIONS OF THE “COMMUNITY PLANNING ACT”,
FLORIDA STATUTES SECTION 163.3187, FOR A PARCEL OF LAND
LOCATED ON THE NORTHWEST CORNER OF LA MAT AVENUE AND
FREDERICK BOULEVARD, AS MORE PARTICULARLY DESCRIBED
HEREIN, PROVIDING A CONFLICTS CLAUSE; AND A SEVERABILITY
CLAUSE, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES. (SECOND READING)
Recommendation:Move to approve on Second Reading, Ordinance No. 32-17, a
privately-initiated Future Land Use Map amendment from Transitional
(TRN) to General Commercial (GC) for the parcel of land located at the
northwest corner of LaMat Avenue and Frederick Boulevard, by adopting
the findings of fact and law contained in the staff report, and the finding
that the request is consistent with the Comprehensive Plan, South
Federal Highway Redevelopment Plan and meets the criteria set forth in
Sections 3.1.1 of the Land Development Regulations.
Sponsors:Planning and Zoning Board
Ordinance No. 32-17
Planning and Zoning Board Staff Report of August 21, 2017
Attachments:
Mr. Lohman read Ordinance 32-17. An ordinance of the City Commission
adopting a small-scale future land use map amendment from transitional
(TRN) to General Commercial (GC), pursuant to the provisions.
Mr. Stillings gave an overview of the ordinance.
Michael Winer of 6111 Broken Sound Parkway, Boca Raton, on behalf of
Greico Motors. He explained that the property is zoned in four different
catogories and gave a presentation.
Also present Paul Boley, Facilities Director for the Greico Automotive
Group.
Mayor Glickstein opened the meeting up for public comment.
John Lombardo of 702 Lamat Avenue is not in favor of a new car lot. There
are seventeen car dealerships in Delray.
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Fred Webber of 710 Lamat Avenue is not in favor of the car dealership.
Carlos Gonzalez of 610 Lamat Avenue is in favor of townhouses not the car
dealership.
Nancy Yacado of 610 Lamat Avenue is not in favor of the dealership.
Christina Morrison of 2809 Florida Boulevard, she worked on the
redevelopment plan in 2010. She is in favor of the car dealership.
Asher Asarian of 706 Lamat Avenue is not in favor of the car dealership.
Mayor Glickstein closed the public portion of the meeting.
adopted
8.D.17-850
ORDINANCE NO. 33-17: AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY ZONED SPECIAL
ACTIVITIES DISTRICT (SAD) DISTRICT IN PART, GENERAL
COMMERCIAL (GC) DISTRICT IN PART, NEIGHBORHOOD
COMMERCIAL (NC) DISTRICT IN PART, AND MULTIPLE FAMILY
RESIDENTIAL-MEDIUM DENSITY (RM) DISTRICT IN PART TO
AUTOMOTIVE COMMERCIAL (AC) DISTRICT; SAID LAND LYING
BETWEEN SOUTH FEDERAL HIGHWAY AND FREDERICK
BOULEVARD, AND BETWEEN AVENUE F (FLADELL WAY) AND
LAMAT AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "CITY OF DELRAY BEACH, ZONING MAP,
JUNE 29, 2017"; PROVIDING A CONFLICTS CLAUSE; AND A
SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES. (SECOND READING)
Recommendation:Move to approve on Second Reading, Ordinance No. 33-17, a
privately-initiated rezoning from SAD in part, GC in part, NC in part
and RM in part to AC for the properties located within Block 24 and
Block 25, Del Raton Park, 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 the South Federal Highway
Redevelopment Plan and meets the criteria set forth in Sections
2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Sponsors:Planning and Zoning Board
Page 15City of Delray Beach Printed on 5/16/2018
November 7, 2017City Commission Minutes - Final
Ordinance No. 33-17
Planning and Zoning Board Staff Report of August 21, 2017
Exhibit A - Excerpt from the South Federal Highway Redevelopment
Plan
Attachments:
Mr. Lohman read Ordinance 33-17. An Ordinance of the City Commission of
the city of Delray Beach, Florida, adopting a Small-Scale future land use map
amendment from transitional (TRN) to General Commercial (GC), pursuant to
the provisions of the “COMMUNITY PLANNING ACT”, Florida statutes Section
163.3187, for a parcel of land located on the northwest corner of Lamat Avenue
and Frederick Boulevard, as more particularly described herein, providing a
conflicts clause; and a severability clause, providing an effective date; and for
other purposes. (Second Reading)
Commissioner Katz made a motion to approve the Ordinance. It was
seconded by Vice Mayor Chard. A Roll Call vote was taken. Mayor Glickstein-
yes Commissioner Petrolia- yes Vice Mayor Chard- yes Commissioner Katz-
yes
Deputy Vice Mayor Johnson-absent. The motion carried 4-0.
Commissioner Katz made a motion to extend. It was seconded by
Commissioner Petrolia. A Roll Call vote was taken.
Mayor Glickstein- yes Commissioner Petrolia- yes Vice Mayor Chard- yes
Commissioner Katz-yes Deputy Vice Mayor Johnson-absent. The motion
carried 4-0.
adopted
8.E.17-852 ORDINANCE NO. 37-17: REPEAL OF LAND DEVELOPMENT
REGULATION SECTIONS 4.5.3 "FLOOD DAMAGE CONTROL
DISTRICTS" AND 4.5.4 "COASTAL CONSTRUCTION" (SECOND
READING)
Recommendation:Motion to approve Ordinance No. 37-17, repeal of Section 4.5.3 and 4.5.4
of the Land Development Regulations, as presented.
Sponsors:Planning & Zoning Department
Ord 37-17 repealing LDR 4.5.4 coastal construction - REVISED
09.22.17 TRS 9-27-17 LG REV
Attachments:
Mr. Lohman read Ordinance 37-17. It is a repeal of Land Development
Regulation Sections 4.5.3. "Flood Damage Control Districts" and 4.5.4
"Coastal Construction". (Second Reading)
Mayor Glickstein opened the meeting up for public comment. Hearing
none, he closed the public portion.
Commissioner Petrolia made a motion to approve Ordinance 37-17. It was
seconded by Vice Mayor Chard. A Roll Call vote was taken. Vice Mayor
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November 7, 2017City Commission Minutes - Final
Chard-yes Commissioner Katz- yes Deputy Vice Mayor Johnson-absent
Mayor Glickstein- yes Commissioner Petrolia- yes. The motion carried 4-0.
adopted
8.F.17-853
ORDINANCE NO. 38-17: AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH; BY AMENDING ARTICLE 2.4
“GENERAL PROCEDURES”, SECTION 2.4.5 “PROCEDURES
FOR OBTAINING DEVELOPMENT APPROVALS”, SUB-SECTION
2.4.5(A) “AMENDMENTS TO THE COMPREHENSIVE PLAN”
AND REPEALING CHAPTER 9, “THE COMPREHENSIVE PLAN”
IN ITS ENTIRETY, PROVIDING A CONFLICTS CLAUSE AND A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES. (SECOND READING)
Recommendation:Approve Ordinance No. 38-17 on Second Reading for the
amendments to Land Development Regulations as specified in
attached Ordinance No. 38-17, as presented.
Sponsors:Planning and Zoning Board
Ordinance No. 38-17
PZB Report of September 18, 2017
Attachments:
Mr. Lohman read Ordinance 38-17. An Ordinance amending the Land
Development Regulations; amending Article 2.4 "General Procedures",
Section 2.4.5. (Second Reading)
Mayor Glickstein opened the meeting up for public comment. Hearing
none, he closed the public portion.
Commissioner Katz made a motion to approve Ordinance 38-17. It was
seconded by Commissioner Petrolia.
A Roll Call vote was taken. Commisisoner Katz-yes Mayor Glickstein- yes
Commissioner Petrolia- yes
Vice Mayor Chard- yes. Deputy Vice Mayor Johnson-absent. The motion
carried 4-0.
adopted
8.G.17-854 ORDINANCE NO. 39-17: A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR) TO AMEND SECTION 4.4.13(I)
(2) TO NOT REQUIRE ADDITIONAL PARKING FOR A CHANGE OF USE
IN AN EXISTING BUILDING FOR A PERIOD OF THREE YEARS.
(SECOND READING)
Recommendation:Motion to Approve Ordinance No. 39-17, as presented, by adopting the
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November 7, 2017City Commission Minutes - Final
findings of fact and law contained in the staff report and finding the text
amendment and approval
Sponsors:Planning & Zoning Department
Ord 39-17 CBD Regulations - West Atlantic - Parking Requirements
for Changes in Commercial Use 09.22.17
LDR Section 4.4.13_CBD 2015 3
LDR Section 4.4.13_CBD 2015 7
PZB Report--W Atlantic Parking LDR Amendmetn 09.14.17
Attachments:
Mr. Lohman read Ordinance 39-17. An amendment to the Land
Development Regulations (LDR) to amend Section 4.4.13 (I) (2) to not
require additional parking for a change in use in an existing building for a
period of three years. (Second Reading).
Mayor Glickstein opened the meeting up for public comment. Hearing
none, he closed the public portion.
Deputy Vice Mayor Johnson returned.
Commissioner Petrolia made a motion to approve the Ordinance. It was
seconded by Commissioner Katz. A Roll Call vote was taken and all were
in favor. The motion carried 5-0.
adopted
8.H.17-855 ORDINANCE NO. 41-17: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER
34, “ELECTIONS”, OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 34.16(A), “FILING
OF NOMINATING PETITION”, TO AMEND THE QUALIFYING DATES FOR
THE CITY OF DELRAY BEACH’S GENERAL ELECTION AT THE
REQUEST OF THE SUPERVISOR OF ELECTIONS; PROVIDING THAT
EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 34 SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND
READING)
Recommendation:Change the qualifying period to the first fourteen (14) business days in
December immediately prior to the calendar year in which the election is to
be held.
Sponsors:City Clerk Department
Ord 41-17 Amending Sec 34.16 Filing of Nominating Petition rev
10-20-17
Attachments:
Mr. Lohman read Ordinance 41-17. An Ordinance amending Chapter 34,
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November 7, 2017City Commission Minutes - Final
"Elections", of the Code of Ordinances by amending Section 34.16(A), the
filing of nominating petitions. (Second Reading)
Mayor Glickstein opened the meeting up for public comment, hearing none
he closed the public portion.
Commissioner Petrolia made a motion to approve Ordinance 41-17. It was
seconded by Commissioner Katz. A Roll Call vote was taken. Mayor
Glickstein- yes Commissioner Petrolia- yes Vice Mayor Chard-no
Commissioner Katz- yes Deputy Vice Mayor Johnson- yes. The motion
carried 4-1.
adopted
9. FIRST READINGS:
9.A.17-836 ORDINANCE NO. 42-17 AMENDING CHAPTER 37, “DELRAY BEACH
CODE ENFORCEMENT GENERAL PROVISIONS”, BY REPEALING
SECTIONS 37.01 THROUGH 37.46 AND READOPTING SAME, AS
REVISED IN ORDER TO AMEND AND REVISE THE CITY’S CODE
ENFORCEMENT PROCEDURES IN ACCORDANCE WITH CHAPTER
162, FLORIDA STATUTES. (FIRST READING)
Recommendation:Motion to approve Ordinance No. 42-17.
Sponsors:City Attorney Department
Ord 42-17 Revising Chapter 37 Code Enforcement
Ord. 42-17 Exhibit A
Attachments:
Mr. Lohman read Ordinance 42-17. To amend Chapter 37, Code
Enforcement General Provisions, by repealing Sections 37.01 through
37.46 and readopting same, as revised in order to amend and revise the
City's Code Enforcement procedures. (First Reading).
Commissioner Petrolia requested to see recommendations for the pros
and cons of this item at the public hearing and second reading of this
ordinance.
Commissioner Petrolia made a motion to approve Ordinance 42-17 on
first reading. It was seconded by Deputy Vice Mayor Johnson. A Roll Call
vote was taken. Vice Mayor Chard- no Commissioner Katz- yes Deputy
Vice Mayor Johnson- yes Mayor Glickstein- yes Commissioner Petrolia-
yes. The motion carried 4-1.
approved on first reading
9.B.17-838 ORDINANCE NO. 43-17: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER
96 "FIRE SAFETY AND EMERGENCY SERVICES", BY AMENDING
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November 7, 2017City Commission Minutes - Final
96.16, "CERTAIN CODES ADOPTED BY REFERENCE", TO COMPLY
WITH THE STATE OF FLORIDA'S UPDATED CHANGES IN THE FIRE
PREVENTION CODE STANDARDS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (FIRST
READING)
Recommendation:Motion to approve Ordinance No. 43-17 on first reading.
Sponsors:Fire Rescue Department
Ord 43-17 Amendiing Ch 96 Fire Safety final LG REV 10-20-17Attachments:
Mr. Lohman read Ordinance 43-17. An Ordinance amending Chapter 96
"Fire Safety and Emergency Services", by amending 96.16, "Certain
codes adopted by reference", to comply with the state of Florida. (First
Reading).
Commissioner Petrolia made a motion to approve Ordinance 43-17. It was
seconded by Vice Mayor Chard. A Roll Call vote was taken and all were in
favor. The motion carried 5-0.
approved on first reading
9.C.17-858 ORDINANCE NO. 44-17 OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE IIII, “LEGISLATIVE,”
SECTION 3.03, “QUALIFICATIONS OF CANDIDATES; ELECTION”, OF
THE CITY OF DELRAY BEACH CHARTER, TO AMEND THE
QUALIFYING DATES FOR THE CITY OF DELRAY BEACH’S GENERAL
ELECTION AT THE REQUEST OF THE SUPERVISOR OF ELECTIONS.
(FIRST READING)
Recommendation:Motion to approve Ordinance No. 44-17.
Sponsors:City Attorney Department
Ord 44-17 amending section 3.03 of charterAttachments:
Mr. Lohman read Ordinance 44-17. An ordinance amending Article III,
"Legislative," Section 3.03, "Qualifications of candidates; Election", to
amend qualifying dates.
Commissioner Petrolia made a motion to approve the Ordinance. It was
seconded by Commissioner Katz. A Roll Call vote was taken. Deputy Vice
Mayor Johnson-yes Mayor Glickstein- yes Commissioner Petrolia- yes
Vice Mayor Chard- no Commissioner Katz- yes. The motion carried 4-1.
approved on first reading
10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
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November 7, 2017City Commission Minutes - Final
10.A. City Manager
Mr. Lauzier, City Manager, introduced the new Finance Director, Kim
Ferrell.
10.B. City Attorney
Mr. Lohman reported on Bike Share agreement, an RFP has been
completed and we are negotiating a contract.
The bike kiosk would have advertising on them so the code would have
to be amended. He stated it would be a ten year contract with five year
renewals. A discussion ensued. The Commission is in favor of moving
forward with the Bike Share program.
10.C. City Commission
Commissioner Petrolia reported on the Rising Waters Task Force. She
suggested that they do a Workshop Meeting on this topic in the near
future, all were in favor. She had several comments.
Vice Mayor Chard had several issues at Pompey Park that he would
like the City Manager to address. He reported that Publix turned down
an offer to build a new store in Delray Beach. He also had several
comments.
Deputy Vice Mayor Johnson welcomed Mr. Lauzier, the new City
Manager. She enjoyed the "All American City" event. She also
attended the Florida Redevelopment Association award and
congratulated the Community Redevelopment Agency on winning an
award.
Commissioner Katz thanked the Mayor for bringing in the Downtowner
owners and discussed the Trolley issues.
Thanked the Green Market for all their hard work. He reported that the
elevators in the parking garage are constantly out of order.
Congratulated everyone on the "All American City Award".
Mayor Glickstein reported on the consolidation of meetings in January.
Commissioner Katz made a motion to consolidate the January
meetings. It was seconded by Commissioner Petrolia. A Roll Call vote
was taken and all were in favor. The motion carried 5-0.
Mayor Glickstein reminded everyone that there is a memorial service at
Veterans Park for Veteran's day at 10:00 am. He reported that Delray's
Fire and Rescue Squads won first place over all and first place honors
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November 7, 2017City Commission Minutes - Final
for best incident commander and best medic and qualifies them for a
World Championship in Cape Town, South Africa. Our Fire Chief was
also presented with a lifetime achievement award for his contributions
to education and training of vehicle extracation throughout the world for
the last twenty-eight years. He was also appointed to the Fire Chiefs
Board of Directors and he is now South East Director and elected
President of the Palm Beach County Fire Chiefs Association.
He also reported that Dasteen Junior from Atlantic High School is one
of ten finalist for the Wendy's High School Heisman Award, which
supplies scholarship money.
There being no further business to discuss, Mayor Glickstein adjourned
the meeting at 11:45 p.m.
Page 22City of Delray Beach Printed on 5/16/2018