10-17-2017 City Commission Regular Minutes FINALTuesday, October 17, 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 17, 2017City Commission Minutes - Final
1. ROLL CALL
Mayor Glickstein called the Regular City Commission meeting to order at
6:00 p.m.
City Commission members in attendance were:
Commissioner Petrolia
Vice Mayor Chard
Commissioner Katz
Deputy Vice Mayor Johnson
Mayor Glickstein
Also in attendance were:
Assistant City Manager, Karen Gardner Young
City Attorney, R. Max Lohman
City Clerk, Katerri Johnson
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. AGENDA APPROVAL
Deputy Vice Mayor Johnson requested 6.J. be pulled for discussion.
Mayor Glickstein stated that 6.J. will become item 7.B.B.
Karen Gardner Young received a request to table 4.D. regarding the
Homeless Task Force to another meeting.
The City Manager's contract will be item 7.A.A.
Commissioner Katz made a motion to approve the agenda as amended. It
was seconded by Vice Mayor Chard. A Roll Call vote was taken and all
were in favor. The motion carried 5-0.
4. PRESENTATIONS:
4.A.17-787 RESOLUTION NO. 72-17 RECOGNIZING KENNETH THOMPSON FOR
30 YEARS OF SERVICE
Recommendation:Motion to Approve Resolution No. 72-17 honoring Kenneth Thompson for
30 years of service.
Sponsors:Human Resources Department
72-17 30 year Resolution Kenneth ThompsonAttachments:
Page 1City of Delray Beach Printed on 5/16/2018
October 17, 2017City Commission Minutes - Final
Mayor Glickstein read Resolution 72-17 recognizing Kenneth Thompson
for 30 years of service. Sharon Leibowitz, the Human Resource Director
presented him with a plaque.
4.B.17-774 Presenting utilities water/sewer & utilities MAINTENANCE WITH crew of
the month for october 2017.
Recommendation:Present Utilities Water/Sewer & Utilities maintenance with crew of the
Month for October 2017.
Sponsors:Human Resources Department
Utilities Water Sewer and Utilities Maintenance nomination formAttachments:
Marjorie Craig, Utilities Director, presented the sewer/water utilities
maintenance crews with "Crews of the Month" for October 2017 for all the
work during Hurricane Irma.
4.C.17-750 PRESENTATION BY ERICA WHITFIELD, DISTRICT 4 SCHOOL BOARD
MEMBER, REGARDING DELRAY BEACH SCHOOLS
Sponsors:City Clerk Department
Erica Whitfield, District 4 School Board member gave a presentation
regarding the Delray Beach Schools.
Mayor Glickstein gave a speech about his two terms as Mayor on the
commission. He will not be seeking re-election in the spring.
4.D.17-755 HOMELESS TASKFORCE PRESENTATION
Sponsors:City Clerk Department
Homeless Taskforce Presentation 2017Attachments:
5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS:
Page 2City of Delray Beach Printed on 5/16/2018
October 17, 2017City Commission Minutes - Final
5.A. City Manager’s response to prior public comments and inquiries
None
5.B. From the Public
Pauline Moody, temporarily homeless, she was not in favor of the
Commission rebidding the garbage contract.
Commissioner Petrolia reported that Waste Management hired the
attorneys, there was also a savings of approximately 9 million dollars to the
taxpayers.
Lauren Zuckman of Healthier Delray Beach and a member of the Delray
Beach Homeless Task Force wanted to thank Erica Whitfield and the
school district on a new project they are working together. They are
supplying homeless students with food on the weekends.
Kelly Freeman of 579 Banyan Way, thanked the Mayor for his service. She
was concerned with a foreclosure proceeding that the city began on
October 10, 2017 at a Code Enforcement Board hearing. She is interested
in seeing a Special Magistrate instead of the Code Enforcement Board.
Christina Morrison of 2809 Florida Boulevard, in favor of item 9.A.,
Ordinance 32-17.
Carolyn Patten of 1020 Tamarind Road, wanted to speak on item 7.B., she
was told there will be public comment on that item shortly.
Asher Nazarian of 706 Lamott Avenue, is not in favor of another car
dealership in his neighborhood.
Carlos Gonzalez of 610 Lamott Avenue, is not in favor of rezoning the car
dealership.
John Lombardo of 702 Lamott Avenue, is also not in favor of the rezoning
of the car dealership.
Nancy Urquiga of 610 Lamott Avenue, is not is favor of the rezoning of the
car dealership, she wants it to remain residential.
Hearing no further comments from the public, Mayor Glickstein closed the
public portion of the agenda.
6. CONSENT AGENDA: City Manager Recommends Approval
Page 3City of Delray Beach Printed on 5/16/2018
October 17, 2017City Commission Minutes - Final
Commissioner Katz made a motion to approve the consent agenda as
amended. It was seconded by Commissioner Petrolia. A Roll Call vote
was taken and all were in favor. The motion carried 5-0.
6.A.17-801 APPROVAL OF MINUTES
Recommendation:Motion to Approve various sets of minutes as listed below.
Sponsors:City Clerk Department
May 23 2017 Workshop Meeting Minutes -Draft
September 7 2017 Meeting Minutes Draft
Attachments:
6.B.17-715 ACCEPTANCE OF A WATER AND SEWER EASEMENT GRANTED BY
DELRAY MEDICAL CENTER, INC.
Recommendation:Motion to Accept a Water and Sewer Easement granted by Delray Medical
Center, LLC.
Sponsors:Environmental Services Department
Location Map
Sewer Easement
Water Easement
Attachments:
6.C.17-761 ACCEPTANCE OF A HOLD HARMLESS AGREEMENT FOR 2702 N.
FEDERAL HIGHWAY
Recommendation:Motion to Approve and accept a Hold Harmless Agreement for 2702 N.
Federal Hwy.
Sponsors:Environmental Services Department
Hold Harmless Agreement 2702 N. Federal Hwy.
Utility Work Location 2702 N. Federal Hwy.
FDOT Utility Permit 2702 N. Federal Hwy.
PAPA Page -Delray Health & Wellness
PAPA Map Location 2702 N. Federal Hwy.
Sun Biz Page -Delray Health & Wellness
Legal Review Checklist HH for Work in State ROW Delray Health &
Wellness
Attachments:
6.D.17-800 SERVICE AUTHORIZATION NO. 17-01 WITH ADA ENGINEERING INC. IN
AN AMOUNT NOT-TO-EXCEED $184,497.36 FOR THE STORMWATER
MANAGEMENT MASTER PLAN UPDATE.
Recommendation:Motion to Approve Service Authorization No. 17-01 to ADA Engineering,
Inc. (ADA) in the amount not-to-exceed $184,497.36 for the Stormwater
Management Master Plan Update (Project No. 17-049).
Page 4City of Delray Beach Printed on 5/16/2018
October 17, 2017City Commission Minutes - Final
Sponsors:Environmental Services Department and Kovner
Service Authorization_092917 ADA Engineering.pdf
Stormwater Master Plan Service Authorization (signed)
Attachments:
6.E.17-803 SERVICE AUTHORIZATION NO. 17-01 WITH CB&I ENVIRONMENTAL &
INFRASTRUCTURE, INC. IN AN AMOUNT NOT-TO-EXCEED $198,473
FOR THE SEAWALL VULNERABILITY ANALYSIS.
Recommendation:Motion to Approve Service Authorization No. 17-01 to CB&I Environmental
& Infrastructure, Inc. (CBI) in the amount not-to-exceed $198,473 for the
Seawall Vulnerability Analysis (Project No. 17-048).
Sponsors:Environmental Services Department
Seawall Vulnerability Analysis -Service Authorization (signed)Attachments:
6.F.17-766 RATIFY AMENDMENT NO. 1 AND APPROVAL OF AMENDMENT NO. 1
WITH STO LANDSCAPE SERVICES, INC. FOR POMPEY PARK
BASEBALL FIELD MAINTENANCE SERVICE
Recommendation:Motion to Ratify Amendment No. 1 with and approve Amendment No. 1
with STO Landscape Services, Inc. in an amount not-to-exceed $38,160.
Sponsors:Purchasing Department
Legal Review Checklist form v. 3 Amend. #1 STO Landscape
2016-071 STO Agreement
Attachments:
6.G.17-792 RATIFY AMENDMENT NO. 1 AND APPROVAL OF AMENDMENT NO. 1
WITH L. V. SUPERIOR LANDSCAPING, INC. FOR I-95 INTERCHANGE
ANNUAL
Recommendation:Motion to Ratify Amendment No. 1 with and approve Amendment No. 1
with L. V. Superior Landscaping, Inc. in an amount not-to-exceed $77,190.
Sponsors:Parks & Recreation Department
Legal Review Checklist form v. 3 LV Superior
City of Delray Beach Agreement 08.10.17
Attachments:
6.H.17-776 INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH
AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
FOR FIRE PREVENTION AND LIFE SAFETY CAPTAIN POSITION
Recommendation:Motion to approve the Interlocal Agreement between the City of Delray
Beach and the Delray Beach Community Redevelopment Agency.
Sponsors:Fire Rescue Department
Interlocal Agreement Community Redevelopment
Legal Review Check list
Attachments:
Page 5City of Delray Beach Printed on 5/16/2018
October 17, 2017City Commission Minutes - Final
6.I.17-829 RESOLUTION NO. 74-17 A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, TERMINATING THE
STATE OF EMERGENCY PREVIOUSLY DECLARED IN RESPONSE TO
HURRICANE IRMA PURSUANT TO CHAPTER 95 OF THE CITY CODE
OF; PROVIDING AND AN EFFECTIVE DATE AND FOR OTHER
PURPOSES.
Recommendation:The City Commission hereby deactivates the City’s Emergency
Management system and in accordance with Chapter 95 of the City of
Delray Beach Code of Ordinances does hereby terminate the previously
declared State of Emergency.
Sponsors:City Clerk Department
Resolution No. 74-17 - Termination of State of EmergencyAttachments:
6.J.17-799 TERMINATION AGREEMENT AND MUTUAL RELEASE OF THE
PARKING COMPLIANCE AGREEMENT WITH THE METROPOLITAN AT
DELRAY, LLC AND SUNTRUST BANK
Recommendation:Motion to Approve the Termination Agreement and Mutual Release, as
presented.
Sponsors:Planning & Zoning Department
Delray-SunTrust Agreement Termination Request 09.27.17
Termination and Release between the City SunTrust and
Metropolitan-Signed 10.05.17
Parking compliance agreement recorded
EXHIBIT A - Map of Parcels 1 thru 8
Attachments:
Deputy Vice Mayor Johnson had questions regarding the termination
agreement and mutual release of the parking compliance agreement with
the Metropolitan at Delray, LLC and Suntrust Bank.
Mr. Stillings gave an overview of the regulations and the rules that were
adopted recently.
Commissioner Petrolia was concerned with the loss of parking spaces in
the downtown area.
Vice Mayor Chard made a motion to approve the item 6.J. It was seconded
by Commissioner Petrolia. A Roll Call vote was taken and all were in favor.
The motion carried 5-0.
6.K. PROCLAMATIONS:
6.K.1.17-802 DELRAY BEACH FIRE RESCUE DEPARTMENT APPRECIATION
MONTH - PROCLAMATION
Page 6City of Delray Beach Printed on 5/16/2018
October 17, 2017City Commission Minutes - Final
Sponsors:City Clerk Department
Firefighters Delray Beach - Proclamation 2017Attachments:
Mayor Glickstein read the proclamation for the Delray Beach Fire Rescue
Department Appreciation Month.
6.K.2.17-804 DOMESTIC VIOLENCE AWARENESS MONTH - PROCLAMATION
Sponsors:City Clerk Department
October2017DomesticViolenceMonthProclamation_DelrayAttachments:
Mayor Glickstein read a proclamation for Domestic Violence Awareness
Month.
6.K.3.17-830 EMPLOYEE RECOGNITION FOR WORK DURING HURRICANE IRMA
Recommendation:Recognize the efforts of all City employees for their dedication and commitment to serve the residents in the City of Delray Beach during Hurricane Irma.
City Employee RecognitionAttachments:
Mayor Glickstein read an Employee Recognition Proclamation for work
during Hurricane Irma by city employees and thanked them for their service.
6.L. AWARD OF BIDS AND CONTRACTS:
6.L.1.17-821 TENNIS COURT RESURFACING - DELRAY BEACH TENNIS CENTER
AND DELRAY BEACH SWIM AND TENNIS CLUB - REPAIRS DUE TO
HURRICANE IRMA DAMAGE
Recommendation:Motion to approve contract between PTCS Professional Tennis Court and
the City of Delray Beach in the amount of $205,000 to resurface the clay
tennis courts at the Delray Beach Tennis Center and the Delray Beach
Swim and Tennis Club.
Sponsors:Parks & Recreation Department
Page 7City of Delray Beach Printed on 5/16/2018
October 17, 2017City Commission Minutes - Final
3 quotes for clay resurfacing
Bid Waiver Tennis Court Resurfacing - Repairs Needed Due to
Hurricane Irma Damage
Acquisition Memo - Tennis Court Resurfacing - Repairs Needed due to
Hurricane Irma Damage 2
Legal Review Checklist Tennis Court Resurfacing with Professional
Tennis Court Servies
Approved signed contract 10-10-17
Attachments:
7. REGULAR AGENDA:
7.A.17-839 This Agreement is made and entered into this 17th day of October, 2017,
by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal
corporation, hereinafter called "Employer" or "City," and MARK R.
LAUZIER, hereinafter called "Employee" or "Mark R. Lauzier."
Recommendation:The parties acknowledge that Employee is appointed and shall serve at the
pleasure of the Commission.
Delray Beach-Lauzier Final Signed Employment Contract 10-16-17Attachments:
W.D. Higginbotham of the Mercer Group reported on the agreement
reached between the City of Delray Beach and Mr. Mark R. Lauzier for the
city Manager position. His start date will be November 6, 2017.
Vice Mayor Chard had several questions regarding salary and moving
costs. Deputy Vice Mayor Johnson had questions regarding a vehicle
allowance and sick leave.
Commissioner Petrolia welcomed Mr. Lauzier and look forward to working
with him in the future.
Commissioner Katz made a motion to approve the agreement. It was
seconded by Vice Mayor Chard. A Roll Call vote was taken and all were in
favor. The motion carried 5-0.
7.B.17-815 CITY COMMISSION APPEAL OF THE HISTORIC PRESERVATION
BOARD APPROVALS OF CERTIFICATES OF APPROPRIATENESS
FOR MULTIPLE DEMOLITIONS AND RELOCATIONS ASSOCIATED
WITH THE SWINTON COMMONS PROJECT (NOW REFERRED TO AS
MIDTOWN DELRAY)GENERALLY LOCATED AT THE SOUTHWEST
CORNER OF ATLANTIC AND SWINTON AVENUES (QUASI-JUDICIAL
HEARING)
Recommendation:The recommendation is to approve the Certificates of Appropriateness
(COA) for Buildings D, G, H, T, U, V, W, X, and Y, more specifically
Page 8City of Delray Beach Printed on 5/16/2018
October 17, 2017City Commission Minutes - Final
described below.
RELOCATIONS:
Approve the COA (2016-072) for the relocation of the contributing structure
on the property located at 21 SW 1st Avenue (Building ‘D’) in the Old
School Square Historic Arts District (OSSHAD) to the property located at
southwest section of the Sundy Block (address to be determined) 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
Comprehensive Plan and meets the criteria set forth in the Land
Development Regulations, and the Secretary of the Interior’s Standards for
Rehabilitation.
Approve the COA (2016-061), a.k.a. Yellow House, for the relocation of the
contributing structure on the property located at 44 South Swinton Avenue
(Building ‘G’) in OSSHAD to the property located south central on the
Sundy Block (address to be determined) 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 Comprehensive Plan and meets the
criteria set forth in the Land Development Regulations, and the Secretary of
the Interior’s Standards for Rehabilitation.
Approve the COA (2016-057), a.k.a. White House, for the
demolition/relocation/reconstruction of the contributing structure on the
property located at 10 SE 1st Street on Block 70 (Building ‘H’), to same
property located slightly north of its current site on Block 70 facing SE 1st
Street., OSSHAD (address likely to be the same) 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 Comprehensive Plan and meets the
criteria set forth in the Land Development Regulations, and the Secretary of
the Interior’s Standards for Rehabilitation.
DEMOLITIONS:
Approve the COA (2016-065) for the demolition of a non-contributing
structure (Building ‘T’) located at 52 W. Atlantic Avenue Old School
Square Historic District, by adopting the findings of fact and law contained
in the staff report and finding that the request is consistent with LDR
Sections 4.5.1(E)(5) and 4.5.1(F), Comprehensive Plan and meets the
criteria set forth in the Land Development Regulations, and the Secretary of
the Interior’s Standards for Rehabilitation.
Approve the COA (2016-068) built in 2001 for the demolition of a
non-contributing structure (Building ’U’) located at 20 W Atlantic Avenue,
Old School Square Historic District, by adopting the findings of fact and law
Page 9City of Delray Beach Printed on 5/16/2018
October 17, 2017City Commission Minutes - Final
contained in the staff report and finding that the request is consistent with
LDR Sections 4.5.1(E)(5) and 4.5.1(F), Comprehensive Plan and meets
the criteria set forth in the Land Development Regulations, and the
Secretary of the Interior’s Standards for Rehabilitation.
Approve the COA (2016-058)for the demolition of a contributing
structure/accessory structure (Building ‘V’) located at 35½ SW 1st
Avenue, Old School Square Historic District, by adopting the findings of
fact and law contained in the staff report and finding that the request is
consistent with LDR Sections 4.5.1(E)(5) and 4.5.1(F), Comprehensive
Plan and meets the criteria set forth in the Land Development Regulations,
and the Secretary of the Interior’s Standards for Rehabilitation.
Approve the COA (2016-062) for the demolition of a contributing structure
(Building “W) located at 14 SE 1st Street, Old School Square Historic
District, by adopting the findings of fact and law contained in the staff report
and finding that the request is consistent with LDR Sections 4.5.1 (E)(5)
and 4.5.1(F), Comprehensive Plan and meets the criteria set forth in the
Land Development Regulations, and the Secretary of the Interior’s
Standards for Rehabilitation.
Approve the COA (2016-06)6 for the demolition of a contributing structure
(Building’ X’) that has lost its character defining features of its Mission
Revival style located at 18 SE 1st St, Old School Square Historic District,
by adopting the findings of fact and law contained in the staff report and
finding that the request is not consistent with LDR Sections 4.5.1 (E)(5) and
4.5.1(F), Comprehensive Plan and meets the criteria set forth in the Land
Development Regulations, and the Secretary of the Interior’s Standards for
Rehabilitation.
Approve the COA 2016-067 for the demolition of a contributing
structure/accessory structure (Building ‘Y’) located at 18½ SE 1st Street,
Old School Square Historic District, by adopting the findings of fact and law
contained in the staff report and finding that the request is not consistent
with LDR Sections 4.5.1 (E)(5) and 4.5.1(F), Comprehensive Plan and
meets the criteria set forth in the Land Development Regulations, and the
Secretary of the Interior’s Standards for Rehabilitation.
Approve the COA 2016-059 for the demolition of a contributing structure
(Building ‘Z’) located at 48 SE 1st Avenue, Old School Square Historic
District, by adopting the findings of fact and law contained in the staff report
and finding that the request is not consistent with LDR Sections 4.5.1 (E)(5)
and 4.5.1(F), Comprehensive Plan and meets the criteria set forth in the
Land Development Regulations, and the Secretary of the Interior’s
Standards for Rehabilitation.
Page 10City of Delray Beach Printed on 5/16/2018
October 17, 2017City Commission Minutes - Final
Sponsors:Planning & Zoning Department
CC Board Order -Appeal of HPB approvals 02.02.06
Swinton Commons Class V Staff Report 10.17.17
Relocation-Demolition Location Map 10.17.17
Relocation Report Building 'D' FINAL
Relocation Report Building 'G' FINAL
Relocation Report Building 'H' FINAL
Demolition Report Building T FINAL
Demolition Report Building U FINAL
Demolition Report Building V FINAL
Demolition Report Bulding W FINAL
Demolition Report Building X FINAL
Demolition Report Bulding Y FINAL
Demolition Report Building Z FINAL
Attachments:
City Clerk, Katerri Johnson swore in the applicants.
Item 7.B. the city Commission appeal of the Historic Preservation Board
approvals of certificates of appropriateness for multiple demolitions and
relocations associated with the Swinton Commons project generally
located at the southwest corner of Atlantic Avenue.
The Commissioners reported on all of the people they were in contact with
regarding this application.
Mr. Stillings recommended approval of the relocation and demolition
requests consistant with the action taken by the Historic Preservation
Board.
Bonnie Miscal on behalf of the petitioner, gave a presentation on this
matter. She reported that they still need to submit a site plan. A discussion
ensued.
Mayor Glickstein opened the meeting up for public comment.
Dr. Victor Kurson of Tierra Verde attended the Historic Preservation Board
meeting and stated they should submit a new site plan.
Commissioner Katz made a motion to postpone voting on these items until
they are heard by the Historic Preservation Board. It was seconded by
Commissoner Petrolia. A Roll Call vote was taken and all were in favor.
The motion carried 5-0.
Page 11City of Delray Beach Printed on 5/16/2018
October 17, 2017City Commission Minutes - Final
7.C.17-811 WAIVER REQUESTS FOR THE WEST ATLANTIC AVENUE PUBLIX TO
THE CENTRAL BUSINESS DISTRICT (CBD) LAND DEVELOPMENT
REGULATIONS (QUASI-JUDICIAL HEARING)
Recommendation:Motion to Approve with conditions seven waivers from LDR Section 4.4.13
Central Business District (CBD) for a full service grocery store, the West
Atlantic Avenue Publix (2017-215), by adopting the findings of fact and law
contained in the staff report, and finding that the requests are consistent
with the Comprehensive Plan and meet the criteria set forth in Sections
2.4.7(B)(5) and 4.4.13(K)(8)(b)(2) of the Land Development Regulations for
the property on the south side of Atlantic Avenue, between SW 6th Avenue
and SW 7th Avenue.
Sponsors:Planning & Zoning Department
CC Order_Waiver Requests for West Atlantic Publix_10-3-17
West Atlantic Publix_LOCATION MAP
W Atlantic Ave Publix_STAFF REPORT_Final_10-3-17[65472]
West Atlantic Publix_Waiver Justification
W Atlantic Ave Publix Elev_11x17
W Atlantic Ave Publix SITE PLAN_11x17
Attachments:
Randy Houlihan with Pasadena Capital spoke on the seven waiver
requests for the West Atlantic Publix to the Central Business District Land
Development regulations. Bill Fisher of Fisher Architects and Brian Robello
of Publix Supermarkets also attended and gave the presentation.
Mr. Stillings recommended approving the waivers with a modification of
increasing the size of the parking lot and reduce the square footage.
Mayor Glickstein opened the meeting up for public comment.
Dr. Victor Kurson of Tiera Verde is in favor of Publix on West Atlantic
Avenue.
Mayor Glickstein closed the public portion of the meeting.
Deputy Vice Mayor Johnson was concerned with loitering in the Civic Open
Space area.
Mr. Lohman read all the waivers for the Board Order. All were 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.
Page 12City of Delray Beach Printed on 5/16/2018
October 17, 2017City Commission Minutes - Final
7.D.17-796 NOMINATION FOR APPOINTMENT TO THE GENERAL EMPLOYEES
RETIREMENT FUND COMMITTEE
Recommendation:Motion to approve nomination for appointment for one (1) regular member
to serve on the General Employees Retirement Fund Committee for an
indefinite term.
Sponsors:City Clerk Department
Exhibit A
General Employees Retirement Fund Committee Board Member List
General Employees Retirement Committee Attendance List
Attachments:
Mayor Glickstein nominated Howard Ellingsworth to the General Employes
Retirement Fund Committee. It was seconded by Commissioner Petrolia.
A Roll Call vote was taken and all were in favor. The motion carried 5-0.
7.E.17-797 NOMINATION FOR APPOINTMENT TO THE KIDS AND COPS
COMMITTEE
Recommendation:Motion to recommend nominations for appointment for two (2) At-Large
Representative members to serve on the Kids and Cops Committee for
two (2) year terms ending July 31, 2019.
Sponsors:City Clerk Department
Exhibit A
Kids & Cops Committee Member List
Kids and Cops Committee Attendance List
Attachments:
Commissioner Katz nominated Corey Cassidy to the Kids and Cops
Committee. It was seconded by Commissioner Petrolia. A Roll Call vote
was taken and all were in favor. The motion carried 5-0.
Deputy Vice Mayor Johnson passed her nomination.
7.F.17-817 NOMINATION FOR APPOINTMENT TO THE SITE PLAN REVIEW AND
APPEARANCE BOARD
Recommendation:Motion to approve nomination for appointment for one (1) regular member
to serve on the Site Plan Review and Appearance Board for an unexpired
term ending August 31, 2018.
Sponsors:City Clerk Department
Page 13City of Delray Beach Printed on 5/16/2018
October 17, 2017City Commission Minutes - Final
Exhibit A
Site Plan Review and Appearance Board Member List
Site Plan Review and Appearance Board.2
Attachments:
Vice Mayor Chard nominated Robert Long to the Site Plan Review and
Appearance Board. It was seconded by Commissioner Petrolia. A Roll
Call vote was taken and all were in favor. The motion carried 5-0.
8. PUBLIC HEARINGS:
8.A.17-805 ORDINANCE NO. 35-17: UPDATE OF THE CITY OF DELRAY BEACH
CAPITAL IMPROVEMENT ELEMENT WITH THE ADOPTED FIVE-YEAR
CAPITAL IMPROVEMENT PLAN (SECOND READING)
Recommendation:Recommended Action:
By motion approve Ordinance No. 35-17 updating Table CI-CIP to
update the Capital Improvement Element of the Comprehensive
Plan with the adopted five-year Capital Improvement Plan (CIP)
and accepting the Planning and Zoning Board’s finding of
Consistency of the proposed 5-Year Capital Improvement Plan for
FY 2017-18 through FY 2021-22, and FY 2017-18 Capital
Improvement Budget with the City of Delray Beach (City)
Comprehensive Plan.
Sponsors:Planning and Zoning Board
Ordinance No. 35-17 CIP FY17-18 - FINAL
P&Z Board Staff Report with revised tables
Complete CIP Summary
Attachments:
Mr. Lohman read Ordinance 35-17, it is the second reading and public
hearing of this ordinance. The ordinance updates the Capital Improvement
element with the adopted five-year Capital Improvement Plan.
Mayor Glickstein opens the meeting up for public comment. Hearing none,
he closes the public portion.
Commissioner Petrolia made a motion to approve Ordinance 35-17. It was
seconded by Commissioner Katz. A Roll Call vote was taken.
Commissioner Petrolia- yes Vice Mayor Chard- no Commissioner Katz-
yes Deputy Vice Mayor Johnson- yes Mayor Glickstein- yes The motion
carried 4-1.
8.B.17-806 ORDINANCE NO. 36-17: ESTABLISHING AND IMPOSING A
TEMPORARY MORATORIUM WITHIN THE CITY OF DELRAY BEACH ON
Page 14City of Delray Beach Printed on 5/16/2018
October 17, 2017City Commission Minutes - Final
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. (SECOND READING)
Recommendation:Motion to Approve Ordinance No. 36-17, as presented on second reading.
HB 687 Wireless in ROW
Ord. 36-17 Wireless Infrastructure Deployment Ordinance
MORATORIUM
Attachments:
Mr. Lohman read Ordinance 36-17. It is the second reading and public
hearing of an Ordinance 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 utilities lines.
Mayor Glickstein opened the meeting for public comment. Hearing none,
he closed the public portion.
Commissioner Petrolia made a motion to approve the ordinance. It was
seconded by Vice Mayor Chard. A Roll Call vote was taken and all were in
favor. The motion carried 5-0.
8.C.17-820 RESOLUTION NO. 71-17 TERMINATION OF 2011 ATLANTIC CROSSING
DEVELOPMENT AGREEMENT (SECOND PUBLIC HEARING)
Recommendation:Motion to approve Termination of 2011 Atlantic Crossing Development
Agreement.
Announce October 17, 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:
Mr. Lohman read Resolution 71-17 it is a termination of 2011 Atlantic
Crossing Development Agreement. This is the second public hearing.
Mayor Glickstein opened the meeting up for public comment. Hearing
none, he closed the public portion.
Page 15City of Delray Beach Printed on 5/16/2018
October 17, 2017City Commission Minutes - Final
Commissioner Petrolia made a motion to approve Resolution 71-17. It
was seconded by Commissioner Katz. A Roll Call vote was taken and all
were in favor. The motion carried 5-0.
9. FIRST READINGS:
9.A.17-788
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. (FIRST READING)
Recommendation:
Move to approve on First 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 on first reading. It is 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 of the Community Planning Act.
Mr. Stillings reported that Mr. Winer of 6611 Broken Sound Parkway, Boca
Raton is here to give a presentation on behalf of Greico Motors. He would
like to see the property be rezoned to General Commercial.
Commissioner Katz made a motion to approve Ordinance 32-17. It was
seconded by Vice Mayor Chard. A Roll Call vote was taken. Deputy Vice
Mayor Johnson- no Mayor Glickstein- yes Commissioner Petrolia- yes Vice
Mayor Chard- yes Commissioner Katz- yes The motion carried 4-1.
Page 16City of Delray Beach Printed on 5/16/2018
October 17, 2017City Commission Minutes - Final
9.B.17-789
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. (FIRST READING)
Recommendation:
Move to approve on First 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
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 on first reading. It is an Ordinance to
rezone and placing land presently zoned Special Activities District (SAD)
district in part, General Commercial (GC) district in part.
Mr. Stillings explained the rezoning of the ordinance.
Commissioner Petrolia made a motion to approve the Ordinance 33-17. It
was seconded by Vice Mayor Chard. A Roll Call vote was taken and all
were in favor. The motion carried 5-0.
Page 17City of Delray Beach Printed on 5/16/2018
October 17, 2017City Commission Minutes - Final
9.C.17-712 ORDINANCE NO. 37-17: REPEAL OF LAND DEVELOPMENT
REGULATION SECTIONS 4.5.3 "FLOOD DAMAGE CONTROL
DISTRICTS" AND 4.5.4 "COASTAL CONSTRUCTION" (FIRST 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 on first reading. It is an Ordinance to
repeal the Land Development Regulations Sections 4.5.3 "Flood Damage
Control Districts" and 4.5.4. "Coastal Construction.
Mr. Stillings explained the ordinance.
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.
9.D.17-784
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. (FIRST READING)
Recommendation:Approve Ordinance No. 38-17 on First 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 on first reading. It is an Ordinance
amending the Land Development Regulations by amending Article 2.4
"General Procedures", Section 2.4.5.
Page 18City of Delray Beach Printed on 5/16/2018
October 17, 2017City Commission Minutes - Final
Mr. Stillings gave an overview on the changes made in the ordinance.
Vice Mayor Chard made a motion to approve the Ordinance. It was
seconded by Commissioner Petrolia. A Roll Call vote was taken and all
were in favor. The motion carried 5-0.
9.E.17-775 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. (FIRST
READING)
Recommendation:Motion to Approve Ordinance No. 39-17, as presented, by adopting the
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 on first reading. It is an amendment to
the Land Development Regulations 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.
Mr. Stillings explained the Ordinance and the costs involved.
Commissioner Katz made a motion to approve the Ordinance. It was
seconded by Deputy Vice Mayor Johnson. A Roll Call vote was taken and
all were in favor. The motion carried 5-0.
9.F.17-827 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
Page 19City of Delray Beach Printed on 5/16/2018
October 17, 2017City Commission Minutes - Final
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (FIRST
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 PetitionAttachments:
Mr. Lohman read Ordinance 41-17 on first reading. It is an Ordinance
amending Chapter 34, "Elections", of the code of ordinances by amending
Section 34.16(A) the filing of nominating petitions.
A discussion ensued.
Commissioner Petrolia made a motion to approve the Ordinance. It was
seconded by Deputy Vice Mayor Johnson. A Roll Call vote was taken.
Deputy Vice Mayor Johnson- yes Commissioner Petrolia- yes
Commissioner Katz- yes Vice Mayor Chard- no Mayor Glickstein- yes. The
motion carried 4-1.
10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
Deputy Vice Mayor Johnson nominated George Mckliesh to the Cops and
Kids Committee. It was seconded by Commissioner Petrolia. A Roll Call
vote was taken and all were in favor. The motion carried 5-0.
10.A. City Manager
Caryn Gardner Young, Assistant City Manager needed to check with
the Commission regarding a couple of meeting dates. They agreed to
December 5th and 11th and to cancel the meeting on January 9th.
Commissioner Petrolia made a motion to approve the meeting date
changes. It was seconded by Commissioner Katz. A Roll Call vote
was taken and all were in favor. The motion carried 5-0.
10.B. City Attorney
Mr. Lohman reported that the city of Boca Raton wants the surrounding
municipalities to join in the lawsuit against Tyco for right of way
designation.
Commissioner Petrolia made a motion to approve. It was seconded by
Deputy Vice Mayor Johnson. A Roll Call vote was taken and all were in
favor. The motion carried 5-0.
Page 20City of Delray Beach Printed on 5/16/2018
October 17, 2017City Commission Minutes - Final
10.C. City Commission
Commissioner Katz had questions regarding First Night for New Year's
Eve and why it was not in the budget. The Commission tasked Caryn
Gardner Young to find the $35,000 in the budget for this event.
Commissioner Petrolia was concerned with the high speeds people
are traveling on Federal Highway near Anthony's Coal Fired Pizza. The
Commission will let the Chief of Police know it is an area of concern
and that more patroling is needed.
Vice Mayor Chard requested that the November 21, 2017 be moved to
November 20th. Commissioner Petrolia made a motion to approve
moving the meeting date. It was seconded by Vice Mayor Chard. A
Roll Call vote was taken and all were in favor. The motion carried 5-0.
Vice Mayor Chard recommended doing a workshop meeting for
Special Magistrate vs. Code Enforcement Board. A discussion ensued.
Vice Mayor Chard requested that a Manager's report be submitted as
well as a financial report every month to the Commission.
Mayor Glickstein reported that there are several grants available to
attend Palm Beach State College. He would like the wayfairing signs in
town be replaced. He also discussed his meeting with the county.
There being no further business to discuss, MayorGlickstein adjourned
the meeting at 10:16 p.m.
Page 21City of Delray Beach Printed on 5/16/2018