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City Commission

Regular Meeting

Delray Beach, FL · May 17, 2016

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City of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com Minutes - Final Tuesday, May 17, 2016 6:00 PM Regular Meeting at 6:00 PM Delray Beach City Hall City Commission City Commission Minutes - Final May 17, 2016 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. PRESENTATIONS: 3.A. 16-491 SPOTLIGHT ON EDUCATION - CARVER MIDDLE SCHOOL Sponsors: Community Improvement Ms. Spencer conducted a powerpoint presentation providing an update regarding the efforts of the Drug Task Force. Ms. Janet Meeks discussed the purpose of a grant and Carver Middle School Principal Kiwana Prohete and Jeff Rubin, Owner of It's Sugar both were present to discuss their project and partnership. They created the very first Carver Gummie Pop that is available in all of the It's Sugar stores. Ms. Prophete stated she is very proud of what has been accomplished. Ashley Ramsey and Bryson Fisher spoke regarding the project and the candy they created. Mayor Glickstein referenced the proposal and provided an overview of the initial contact with Mr. Jeff Rubin. He stated this is a model for the public/private partnership for schools. 3.B. 16-506 DRUG TASK FORCE - PRESENTATION -SUZANNE SPENCER Sponsors: City Clerk Department 3.C. 16-459 PRESENTING GARY FERRERI , DETECTIVE, WITH EMPLOYEE OF THE MONTH APRIL 2016 Recommendation: Motion to Approve Gary Ferreri as employee of the month April 2016 Sponsors: Human Resources Department Attachments: Employee of the Month Ms. Tennille DeCoste presented this item; provided a plaque and a certificate. Police Chief Jeff Goldman gave comments regarding Mr. Ferreri. Gary Ferreri spoke regarding the reward and referenced the number of students who came for a tour of the police department. Mayor Glickstein gave comments. 3.D. 16-517 RECOGNIZING STUDENT AMBASSADORS BIBIANA ALTMIX, LAUREN BOYLAN, LEAH COSTIGAN, DANA GARCIA, CAROLINA JIMENEZ, City of Delray Beach Page 1 Printed on 5/3/2017 City Commission Minutes - Final May 17, 2016 RAVEENA PANDHERE AND MATTHEW RODRIGUEZ (ADDENDUM) Recommendation: Sponsors: City Clerk Department Attachments: Proclamation Mayor Glickstein read the proclamation into record and presented it to the students. 4. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: Mr. Cooper spoke regarding comments from the May 3, 2016 Regular City Commission Meeting. Public Comments: 1. Ms. Pauline Moody stated she is concerned regarding things happening in the city. 2. Mr. John Fisher spoke regarding the Saint Patrick's day parade. 3. Ms. Yvonne Odom spoke regarding the budget and asked the Commission to include preventative measures for the youth in the budget. 4. Mr. Jim Chard spoke regarding the grant applications resolutions before the City Commission tonight and Suzanne Fisher. 5. Mr. Jim Knight spoke regarding tomorrow at Pine Grove Elementary the Urban Forestry Program will take place. He also provided a picture of his niece and other photos and referenced tattoos. 6. Mr. Daniel Bellante read a statement into record regarding Ms. Suzanne Fisher, Director of Parks and Recreation. 7. Ms. Carolyn Pendelton Parker, PAAB, spoke regarding Ms. Suzanne Fisher. 8. Ms. Shirl Fields spoke regarding Ms. Suzanne Fisher. 5. AGENDA APPROVAL Mr. Copper requested that Item 6.D. to be moved to the Regular Agenda as Item 7.B. City of Delray Beach Page 2 Printed on 5/3/2017 City Commission Minutes - Final May 17, 2016 Vice Mayor Jacquet requested that Item 6.M. to be moved to the Regular Agenda as Item 7.A. approved as amended Yes: 3- Mayor Glickstein, Vice-Mayor Jacquet, and Jarjura Absent: 2- Petrolia, and Katz 6. CONSENT AGENDA: City Manager Recommends Approval approved as amended Yes: 3- Mayor Glickstein, Vice-Mayor Jacquet, and Jarjura Absent: 2- Petrolia, and Katz 6A. APPROVAL OF MINUTES: None 6.B. 16-444 ACCEPTANCE OF A HOLD HARMLESS AGREEMENT FOR THE ENCROACHMENT OF AN AWNING INTO THE PUBLIC RIGHT-OF-WAY FOR CUT 432 RESTAURANT AT 418 EAST ATLANTIC AVENUE. Recommendation: Motion to Approve the Hold Harmless Agreement to allow the encroachment into the public right-of-way at 418 E. Atlantic Avenue. Sponsors: Planning & Zoning Department Attachments: Cut 432 Staff Report and Cover Hold Harmless Agreement Revised Plans Awning 6.C 16-351 RESOLUTION NO. 12-16 AUTHORIZING THE CITY MANAGER TO EXECUTE FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION AGREEMENTS Recommendation: Motion to Approve Resolution No. 12-16 authorizing the City Manager to sign Florida Department of Transportation (FDOT) Construction Agreements on behalf of the City of Delray Beach, Florida. Sponsors: Environmental Services Department Attachments: FDOT Construction Agreement Location Map Resolution 12-16 6.D 16-420 2016 LOCAL INITIATIVE (LI) AND TRANSPORTATION ALTERNATIVE PROGRAM (TAP) GRANT SUBMITTALS TO THE PALM BEACH COUNTY METROPOLITAN PLANNING ORGANIZATION (MPO) Recommendation: Motion to submit four (4) grant applications and approve four (4) supporting resolutions for the 2016 Local Initiative and Transportation Alternative Programs funded through the Palm Beach County Metropolitan Planning City of Delray Beach Page 3 Printed on 5/3/2017 City Commission Minutes - Final May 17, 2016 Organization: 1) Alley Upgrades (Local Initiative) Resolution No. 19-16 2) Brant Bridge Improvements (Local Initiative) Resolution No. 20-16 3) Congress Avenue Complete Street (Local Initiative) Resolution No. 21-16 4) Delray Beach Greenway (Transportation Alternative Program) Resolution No.22-16 Sponsors: Environmental Services Department and Kovner Attachments: Local Initiative (Aerial) - AlleyAtlantic / Lake Ida Local Initiative (Aerial) - Alley 10th/ Atlantic Cost Estimated - Alley Signed LI Aerial Bridge Cost Est - Brant Bridge - Signed LI Aerial Congress Cost Est - Comp St - Signed TA Aerial Greenway-2 Cost Est - Greenway - Signed Alley Upgrades Resolution No. 19-16 Brant Bridge Resolution No. 20-16 Congress Avenue Resolution No.21-16 E 4 Greenway Resolution No.22-16 Mr. Donald Cooper, City Manager, stated a Commissioner requested that this item be pulled and discussed the grant. Mayor Glickstein stated he appreciates Mr. Jim Chard's work on this. He referenced that this is part of the Metropolitan Planning Organization's (MPO) local initiative program and asked why was it separated out. He discussed some of the issues. Mr. Morgan spoke regarding the item. approved Yes: 3- Mayor Glickstein, Vice-Mayor Jacquet, and Jarjura Absent: 2- Petrolia, and Katz 6.E 16-437 LEASE AGREEMENT & ADDENDUM FOR SIDEWALK CAFES ON ATLANTIC AVENUE WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) RIGHT-OF-WAY Recommendation: Motion to approve the Lease Agreement and Addendum for sidewalk cafes on Atlantic Avenue within the Florida Department of Transportation's (FDOT) right-of-way with a one time payment of $7,950 for the appraisal City of Delray Beach Page 4 Printed on 5/3/2017 City Commission Minutes - Final May 17, 2016 fee incurred by the FDOT, and not to exceed annual payments of $14,400.00 for the term of the agreement. Sponsors: Environmental Services Department Attachments: SR 806 Atlantic Avenue ROW Location Map Delray Beach Sidewalk Cafe Lease Revised 042516 Delray Beach Sidewalk Cafes - Addendum 2nd 042516 6.F 16-447 CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL PAYMENT) WITH B&B UNDERGROUND CONTRACTORS INC. FOR THE ALLEN AVENUE DRAINAGE PROJECT (BID NO. 2015-46) Recommendation: Motion to approve Contract Closeout Change Order No. 1 to B&B Underground Contractors, Inc., in the net contract deductive amount of ($15,577.75) and approve a final payment, in the amount of $13,390.16, to B&B Underground Contractors, Inc., for completion of the Allen Avenue Drainage Improvements Project No. 2009-015. Sponsors: Environmental Services Department Attachments: Change Order No 1. Final 6.G 16-457 REVOCABLE LICENSE AGREEMENT WITH KNIGHT OF PYTHAGORAS MENTORING NETWORK, INC A FLORIDA NOT-FOR-PROFIT CORPORATION Recommendation: Motion to Approve a revocable license agreement between the City of Delray Beach and Knights of Pythagoras Mentoring Network INC. Sponsors: Parks & Recreation Department Attachments: Revocable License Agreement For Kinghts of P. And Delray Beach 6.H 16-460 SCHOOL READINESS PROGRAM FOR THE AFTERSCHOOL PROGRAM LOCATED AT POMPEY PARK AND THE COMMUNITY CENTER WITH THE EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC. Recommendation: Motion to Approve Renewal of the agreements between Early Learning Coalition of Palm Beach County, Inc. and the City of Delray Beach. Sponsors: Parks & Recreation Department Attachments: CSC SCHOLARSHIP PROVIDER CONTRACT 1 CSC SCHOLARSHIP PROVIDER CON. 6.I 16-462 AFTERSCHOOL PROGRAM PROVIDER AGREEMENT/EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC. FOR POMPEY PARK AND THE COMMUNITY CENTER City of Delray Beach Page 5 Printed on 5/3/2017 City Commission Minutes - Final May 17, 2016 Recommendation: Motion to Approve Afterschool Program Provider Agreement/Early Learning Coalition of Palm Beach County, Inc. Sponsors: Parks & Recreation Department Attachments: STATEWIDE SCHOOL READINESS PROVIDER CONTRACT STATEWIDE SCHOOL READINESS PROVIDER CONTRACT 2 6.J 16-464 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DELRAY AND IAFF LOCAL 2928 Recommendation: Motion to Approve City Of Delray and IAFF Local 2928 agreed to Collectively Bargain three (3) contract articles in order to clean -up administrative language that had no economic impact to either the City or the members of IAFF Local 2928. Sponsors: Human Resources Department Attachments: Articles 11,26,49 TA'd 4-1-16 Collective Bargaining IAFF Articles, 11, 26, 49 6.K. 16-475 PROPOSED OFFER OF SETTLEMENT IN THE CASE OF TIMOTHY BELANGER 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 and Inglese 6.L. 16-461 RESOLUTION NO. 18-16- NUISANCE ABATEMENT OF TWENTY- NINE PROPERTIES (29) THROUGH OUT THE CITY Recommendation: Motion to Adopt Resolution No. 18-16 assessing costs for abatement action required to remove nuisances on twenty-nine (29) properties throughout the City. Sponsors: City Clerk Department Attachments: Resolution No. 18-16 Exhibit A 6.M. 16-502 SISTER CITY AGREEMENT BETWEEN CITY OF DELRAY BEACH AND AQUIN, HAITI Recommendation: Motion to Approve an Agreement between the City of Delray Beach and the City of Aquin, Haiti to join their respective cities in a Sister Cities partnership. Sponsors: City Manager Department Attachments: Sister City Agreement draft 5-17-16 City of Delray Beach Page 6 Printed on 5/3/2017 City Commission Minutes - Final May 17, 2016 Mayor Glickstein read the agreement into the record and both Mayors signed the agreement. Mayor Maturin provided comments and the City Commission provided comments. 6.N. PROCLAMATIONS: 6.N.1 16-489 WATER REUSE WEEK MAY 15 - 21, 2016 - PROCLAMATION Sponsors: City Clerk Department Attachments: Water Reuse Week May 15 - 21 2016 6.N.2 16-496 LADIES OF DISTINCTION DAY - MAY 7, 2016 Sponsors: City Clerk Department Attachments: Proclamation 6.O. 16-472 REPORT OF APPEALABLE LAND USE ITEMS APRIL 11, 2016 THROUGH APRIL 22, 2016 Recommendation: By motion, receive and file this report. Sponsors: Planning and Zoning Board Attachments: Location Map Ligotti Medical Center Dunkin Donuts Auto Zone Delray Kelly Building 6.P. AWARD OF BIDS AND CONTRACTS: 6.P.1. 16-478 PURCHASE AWARD TO STINGRAY CHEVROLET FOR ONE (1) 2016 CHEVROLET TAHOE POLICE RATED UTILITY VEHICLE Recommendation: Motion to award a purchase to Stingray Chevrolet, utilizing Florida Sheriff ’s Association contract # 15-23-0904, in the amount of $39,519.00 to purchase one (1) 2016 Chevrolet Tahoe Police Rated Utility Vehicle. Sponsors: Purchasing Department City of Delray Beach Page 7 Printed on 5/3/2017 City Commission Minutes - Final May 17, 2016 Attachments: Purchasing Checklist 15-23-0904 Bid Award Document Stingray Letter 5-2-16 Chevy Tahoe PPV Quote-Stingray 7. REGULAR AGENDA: 7.A. 16-453 CITY COMMISSION APPEAL OF THE MARCH 21, 2016 PLANNING & ZONING BOARD SIMILARITY OF USE DETERMINATION FOR TATTOO ESTABLISHMENTS (QUASI-JUDICIAL HEARING) Recommendation: Consideration of appeal of the March 21, 2016 Planning & Zoning Board Similarity of Use Determination for Tattoo Establishments. Sponsors: Planning & Zoning Department Attachments: Planning & Zoning Board Staff Report March 21, 2016 Tattoo Letter to Tim Stillings re Adminin Similarity of Use Determination. Stamped. Feb 8 2016 Letter to Tim Stillings and Mark McDonnell re Tatoo Studio 3.4.16 Letter to Tim Stillings re Presentation to City Commission 4.27.16 Article re Tattoo Artists - Provided by Agent Letter with Transcript 5.5.16 Mayor Glickstein read the quasi judicial rules and the City Clerk swore in those individuals who wished to speak on this item. Mayor Glickstein asked the Commission to disclose their ex parte communications. All Commission members disclosed their ex parte communications. Mayor Glickstein asked why was the Commission scheduled to meet to discuss this after the decision on the appeal. Mr. Cooper spoke regarding process and timing. Discussion continued and it was consensus of the City Commission to move this to the first meeting in June. Mr. Noel Pfeffer stated he will prepare a zoning in progress resolution for the June 7, 2016 meeting and informed the City Commission of the rules. continued Yes: 4- Mayor Glickstein, Petrolia, Vice-Mayor Jacquet, and Jarjura Absent: 1- Katz City of Delray Beach Page 8 Printed on 5/3/2017 City Commission Minutes - Final May 17, 2016 7.B. 16-418 ROUTINE BUSINESS: (All Items Under this Subsection to be Approved by one Motion. Any Item Under Routine Business May Be Moved by Commission for Separate Consideration) Sponsors: City Clerk Department approved 7.B.1. 16-345 SERVICE AUTHORIZATION NO. 12-22 WITH MATHEWS CONSULTING, INC. FOR GENERAL CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES RELATED TO THE AREA 12B RECLAIMED WATER EXPANSION PROJECT Recommendation: Motion to approve Service Authorization No. 12-22 with Mathews Consulting, Incorporated in the amount not to exceed $115,685 for construction administration support services, specialty inspection services, and part-time inspection services for the Area 12B Reclaimed Water Expansion Project for a construction duration of 300 days. (Project No. 2012-009). Sponsors: Environmental Services Department Attachments: Service Authorization 12-22 Current Consultant Agreements Location Map 7.B.2 16-429 SERVICE AUTHORIZATION NO. 12-21 TO KIMLEY HORN AND ASSOCIATES, INC. IN THE AMOUNT OF $123, 269.00 FOR PROFESSIONAL SERVICES IN PERFORMING A STUDY OF THE WATER DISTRIBUTION SYSTEM TO ADDRESS CHLORINE RESIDUAL DEPLETION Recommendation: Motion to Approve Service Authorization No. 12-21 to Kimley Horn and Associates, Inc. in the amount of $123,269.00 for providing professional engineering services in performing a analysis and study of the water distribution system to address chlorine residual depletion. Attachments: Service Authorization No. 12-21 Location Map Current Consultant CIP Projects 7.B.3. 16-419 AWARD OF CONTRACT TO JMW CONSTRUCTION, INC. IN THE AMOUNT OF $564,000 TO THE SECOND LOWEST BIDDER FOR THE FENWAY PARK CONCESSION STAND AND RESTROOMS PROJECT - (BID NO. 2016-064C) Recommendation: Motion to Award a contract in the amount of $564,000.00 to JMW Construction, Incorporated, the lowest responsible and responsive bidder for the Fenway Park Concession Stand and Restroom Project (Project No. 2010-100). Sponsors: Environmental Services Department City of Delray Beach Page 9 Printed on 5/3/2017 City Commission Minutes - Final May 17, 2016 Attachments: Copy of Buyer's Tab Sheet Miller Park Location Maps 2016-064C - Hartzell - Ltr of Non-responsive 7.B.4. 16-450 CONTRACT AWARD TO TV DIVERSIFIED, LLC TO REHABILITATE FOUR CITY LIFT STATIONS Recommendation: Motion to approve an award to TV Diversified, LLC, utilizing City of West Palm Beach Contract # 13-14-129, for rehabilitation of four City lift stations, at a cost not to exceed $127,433.30. Sponsors: Purchasing Department Attachments: Purchasing Checklist 1452 FE CONTRACT Best Price Letter Main Proposal PDF II 7.B.5. 16-451 CONTRACT AWARD TO EDSA, INC. FOR PROFESSIONAL DESIGN ENGINEERING AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE BEACH MASTER PLAN (RFQ 2016-056) IN A NOT TO EXCEED AMOUNT OF $464,350. Recommendation: Motion to Approve an Agreement between the City of Delray Beach and EDSA, Inc. for professional design engineering and construction administration services for the Beach Master Plan in an amount not to exceed $464,350 (Project No. 2015-008). Sponsors: Environmental Services Department Attachments: Beach Area Master Plan EDSA Contract Deputy Vice Mayor Jarjura commented regarding the reduction of $150,000. Mayor Glickstein thanked the representatives of EDSA, Inc. for the reduction and commented regarding showers with places to hang their towels, etc. adopted Yes: 4- Mayor Glickstein, Petrolia, Vice-Mayor Jacquet, and Jarjura Absent: 1- Katz 7.C. 16-456 NOMINATION FOR APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD City of Delray Beach Page 10 Printed on 5/3/2017 City Commission Minutes - Final May 17, 2016 Sponsors: City Clerk Department Attachments: Exhibit A Public Art Advisory Board Member List Public Art Advisory Board Members Attendance List Deputy Vice Mayor Jarjura nominated Ms. Marianne Reagan. approved Yes: 4- Mayor Glickstein, Petrolia, Vice-Mayor Jacquet, and Jarjura Absent: 1- Katz 7.D. 16-473 NOMINATION FOR APPOINTMENT TO THE EDUCATION BOARD Sponsors: City Clerk Department Attachments: Exhibit A Education Board Member List Education Board Member Attendance List Deputy Vice Mayor Jarjura nominated Ms. Barbara Sark. approved Yes: 4- Mayor Glickstein, Petrolia, Vice-Mayor Jacquet, and Jarjura Absent: 1- Katz 7.E. 16-474 NOMINATION FOR APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD Sponsors: City Clerk Department Attachments: 05172016 Exhibit A Site Plan Review and Appearance Board Member List Site Plan Review and Appearance Board Member Attendance List Commissioner Petrolia deferred her appointment. The appointment will come back on the June 7, 2016 meeting. 7.F. 16-504 PALM BEACH COUNTY ILA INFRASTRUCTURE SURTAX Attachments: Interlocal Agreement ONE CENT 13 Mr. Cooper presented this item. approved Yes: 3- Mayor Glickstein, Petrolia, and Jarjura Absent: 2- Vice-Mayor Jacquet, and Katz 7.G. 16-466 CITY MANAGER PERFORMANCE AND SALARY REVIEW; City of Delray Beach Page 11 Printed on 5/3/2017 City Commission Minutes - Final May 17, 2016 DISCUSSION REGARDING THE APPOINTMENT OF AN INTERIM CITY ATTORNEY. Recommendation: Motion to Consider the City Manager performance and salary review and discussion regarding the appointment of an interim City Attorney. Sponsors: Human Resources Department Ms. Tennille DeCoste provided guidelines for the process and reiterated that the City Commission has discretion regarding how they evaluate the City Manager. The City Commission provided comments regarding the evaluation process, ratings and increases. Discussion ensued regarding the evaluation form itself in terms of questions, organization of questions and ratings. The City Commission conducted their evaluations of the City Manager. The City Commission voted to give Mr. Cooper at ten percent raise. Mr. Pfeffer stated he cannot work beyond the June 6, 2016 date. He stated he is open to how the City Commission would like for the transition to happen. Discussion ensued regarding support for Mr. Pfeffer staying on through June. Motion to extend the City Attorney's contract through June 24, 2016 and to give Mr. Pfeffer a raise of five percent effective today. 8. PUBLIC HEARINGS: 8.A. 16-410 ORDINANCE NO. 11-16; A PRIVATELY-INITIATED AMENDMENT TO LDR SECTION 4.5.6, FENCES, WALLS, AND HEDGES, TO PERMIT AND PROVIDE REGULATIONS FOR ELECTRIFIED FENCES. (SECOND READING) (THE APPLICANT HAS REQUESTED THAT THIS ITEM BE POSTPONED TO THE JUNE 7, 2016 REGULAR MEETING) Sponsors: Planning & Zoning Department 9. FIRST READINGS: 9.A. 16-471 ORDINANCE NO. 13-16, AMENDMENT TO LDR SECTION 4.4.13(B), FIGURE 4.4.13-5, “CENTRAL CORE & BEACH SUB-DISTRICTS REGULATING PLAN TO CORRECT AN OMISSION WITH RESPECT TO PRIMARY STREET DESIGNATIONS (SECOND READING) Recommendation: Motion to Approve of the amendment to the Land Development Regulations Section 4.4.13, by adopting the findings of fact and law contained in the staff report, and finding that the amendments and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). City of Delray Beach Page 12 Printed on 5/3/2017 City Commission Minutes - Final May 17, 2016 Attachments: Ordinance 13-16, CBD Regulating Plan PZB Staff Report 041816 The City Attorney read the caption of the ordinance. Mr. Tim Stillings, Director of Planning, Zoning and Building presented this item. approved on first reading Yes: 4- Mayor Glickstein, Petrolia, Vice-Mayor Jacquet, and Jarjura Absent: 1- Katz 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: 10.A. City Manager 10.A.1. 16-510 CITY MANAGER'S REPORT Sponsors: City Manager Department Attachments: 05112016 City Manager Report 05112016 - City Manager's Report Attachments Mr. Cooper spoke regarding his report. 10.B. City Attorney Mr. Pfeffer updated the City Commission regarding the police and fire pension ordinance. He informed the City Commission that the meeting was canceled. He stated he has the final draft of an ordinance to be scheduled as a first reading on June 7, 2016. Discussion ensued regarding the meeting being setup. 10.C. City Commission Commissioner Petrolia discussed her reasons for wanting Item 6.D. moved to the Regular Agenda. Mayor Glickstein asked that Joan Goodrich address outreach to the communities. Vice Mayor Jacquet stated this was a great sister cities moment. He also commented regarding Haitian Flag Day and month as well as "We Heart Small Business" Month. Mayor Glickstein commended Jervonte Edmonds for his Suits for Seniors Program. He commented regarding a meeting he and Vice Mayor Jacquet attended at Atlantic Community High School. There being no further business, Mayor Glickstein adjourned the City of Delray Beach Page 13 Printed on 5/3/2017 City Commission Minutes - Final May 17, 2016 meeting at 9:53 p.m City of Delray Beach Page 14 Printed on 5/3/2017

Agenda

City of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com Regular Commission Meeting Tuesday, May 17, 2016 Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall City Commission Mayor Cary Glickstein Commissioner Shelly Petrolia Vice Mayor Al Jacquet Deputy Vice Mayor Jordana Jarjura Commissioner Mitchell Katz RULES FOR PUBLIC PARTICIPATION PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non-Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B. Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. C. All persons desiring to do a presentation on agenda or non-agenda items that are on a portable flash drive device or a CD/DVD, must provide their media to the City Clerk no later than 12:00 p.m. one day prior to the meeting where they wish to present. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the to speak, please complete the sign-in sheet if you have not already done so. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the lectern and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. City Commission Regular Commission Meeting May 17, 2016 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. PRESENTATIONS: 3.A. SPOTLIGHT ON EDUCATION - CARVER MIDDLE SCHOOL Sponsors: Community Improvement 3.B. DRUG TASK FORCE - PRESENTATION -SUZANNE SPENCER Sponsors: City Clerk Department 3.C. PRESENTING GARY FERRERI , DETECTIVE, WITH EMPLOYEE OF THE MONTH APRIL 2016 Recommendation: Motion to Approve Gary Ferreri as employee of the month April 2016 Sponsors: Human Resources Department Attachments: Employee of the Month 3.D. RECOGNIZING STUDENT AMBASSADORS BIBIANA ALTMIX, LAUREN BOYLAN, LEAH COSTIGAN, DANA GARCIA, CAROLINA JIMENEZ, RAVEENA PANDHERE AND MATTHEW RODRIGUEZ (ADDENDUM) Recommendation: Sponsors: City Clerk Department Attachments: Proclamation 4. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: 5. AGENDA APPROVAL 6. CONSENT AGENDA: City Manager Recommends Approval 6A. APPROVAL OF MINUTES: None 6.B. ACCEPTANCE OF A HOLD HARMLESS AGREEMENT FOR THE ENCROACHMENT OF AN AWNING INTO THE PUBLIC RIGHT-OF-WAY FOR CUT 432 RESTAURANT AT 418 EAST ATLANTIC AVENUE. Recommendation: Motion to Approve the Hold Harmless Agreement to allow the encroachment into the public right-of-way at 418 E. Atlantic Avenue. Sponsors: Planning & Zoning Department Attachments: Cut 432 Staff Report and Cover Hold Harmless Agreement Revised Plans Awning City of Delray Beach Page 3 Printed on 5/18/2016 City Commission Regular Commission Meeting May 17, 2016 6.C RESOLUTION NO. 12-16 AUTHORIZING THE CITY MANAGER TO EXECUTE FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION AGREEMENTS Recommendation: Motion to Approve Resolution No. 12-16 authorizing the City Manager to sign Florida Department of Transportation (FDOT) Construction Agreements on behalf of the City of Delray Beach, Florida. Sponsors: Environmental Services Department Attachments: FDOT Construction Agreement Location Map Resolution 12-16 6.D 2016 LOCAL INITIATIVE (LI) AND TRANSPORTATION ALTERNATIVE PROGRAM (TAP) GRANT SUBMITTALS TO THE PALM BEACH COUNTY METROPOLITAN PLANNING ORGANIZATION (MPO) Recommendation: Motion to submit four (4) grant applications and approve four (4) supporting resolutions for the 2016 Local Initiative and Transportation Alternative Programs funded through the Palm Beach County Metropolitan Planning Organization: 1) Alley Upgrades (Local Initiative) Resolution No. 19-16 2) Brant Bridge Improvements (Local Initiative) Resolution No. 20- 16 3) Congress Avenue Complete Street (Local Initiative) Resolution No. 21-16 4) Delray Beach Greenway (Transportation Alternative Program) Resolution No.22-16 Sponsors: Environmental Services Department and Kovner Attachments: Local Initiative (Aerial) - AlleyAtlantic / Lake Ida Local Initiative (Aerial) - Alley 10th/ Atlantic Cost Estimated - Alley Signed LI Aerial Bridge Cost Est - Brant Bridge - Signed LI Aerial Congress Cost Est - Comp St - Signed TA Aerial Greenway-2 Cost Est - Greenway - Signed Alley Upgrades Resolution No. 19-16 Brant Bridge Resolution No. 20-16 Congress Avenue Resolution No.21-16 E 4 Greenway Resolution No.22-16 6.E LEASE AGREEMENT & ADDENDUM FOR SIDEWALK CAFES ON ATLANTIC AVENUE WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) RIGHT-OF-WAY City of Delray Beach Page 4 Printed on 5/18/2016 City Commission Regular Commission Meeting May 17, 2016 Recommendation: Motion to approve the Lease Agreement and Addendum for sidewalk cafes on Atlantic Avenue within the Florida Department of Transportation's (FDOT) right-of-way with a one time payment of $7,950 for the appraisal fee incurred by the FDOT, and not to exceed annual payments of $14,400.00 for the term of the agreement. Sponsors: Environmental Services Department Attachments: SR 806 Atlantic Avenue ROW Location Map Delray Beach Sidewalk Cafe Lease Revised 042516 Delray Beach Sidewalk Cafes - Addendum 2nd 042516 6.F CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL PAYMENT) WITH B&B UNDERGROUND CONTRACTORS INC. FOR THE ALLEN AVENUE DRAINAGE PROJECT (BID NO. 2015-46) Recommendation: Motion to approve Contract Closeout Change Order No. 1 to B&B Underground Contractors, Inc., in the net contract deductive amount of ($15,577.75) and approve a final payment, in the amount of $13,390.16, to B&B Underground Contractors, Inc., for completion of the Allen Avenue Drainage Improvements Project No. 2009-015. Sponsors: Environmental Services Department Attachments: Change Order No 1. Final 6.G REVOCABLE LICENSE AGREEMENT WITH KNIGHT OF PYTHAGORAS MENTORING NETWORK, INC A FLORIDA NOT-FOR-PROFIT CORPORATION Recommendation: Motion to Approve a revocable license agreement between the City of Delray Beach and Knights of Pythagoras Mentoring Network INC. Sponsors: Parks & Recreation Department Attachments: Revocable License Agreement For Kinghts of P. And Delray Beach 6.H SCHOOL READINESS PROGRAM FOR THE AFTERSCHOOL PROGRAM LOCATED AT POMPEY PARK AND THE COMMUNITY CENTER WITH THE EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC. Recommendation: Motion to Approve Renewal of the agreements between Early Learning Coalition of Palm Beach County, Inc. and the City of Delray Beach. Sponsors: Parks & Recreation Department Attachments: CSC SCHOLARSHIP PROVIDER CONTRACT 1 CSC SCHOLARSHIP PROVIDER CON. 6.I AFTERSCHOOL PROGRAM PROVIDER AGREEMENT/EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC. FOR POMPEY PARK AND THE COMMUNITY CENTER Recommendation: Motion to Approve Afterschool Program Provider Agreement/Early Learning Coalition of Palm Beach County, Inc. Sponsors: Parks & Recreation Department City of Delray Beach Page 5 Printed on 5/18/2016 City Commission Regular Commission Meeting May 17, 2016 Attachments: STATEWIDE SCHOOL READINESS PROVIDER CONTRACT STATEWIDE SCHOOL READINESS PROVIDER CONTRACT 2 6.J COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DELRAY AND IAFF LOCAL 2928 Recommendation: Motion to Approve City Of Delray and IAFF Local 2928 agreed to Collectively Bargain three (3) contract articles in order to clean -up administrative language that had no economic impact to either the City or the members of IAFF Local 2928. Sponsors: Human Resources Department Attachments: Articles 11,26,49 TA'd 4-1-16 Collective Bargaining IAFF Articles, 11, 26, 49 6.K. PROPOSED OFFER OF SETTLEMENT IN THE CASE OF TIMOTHY BELANGER 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 and Inglese 6.L. RESOLUTION NO. 18-16- NUISANCE ABATEMENT OF TWENTY- NINE PROPERTIES (29) THROUGH OUT THE CITY Recommendation: Motion to Adopt Resolution No. 18-16 assessing costs for abatement action required to remove nuisances on twenty-nine (29) properties throughout the City. Sponsors: City Clerk Department Attachments: Resolution No. 18-16 Exhibit A 6.M. SISTER CITY AGREEMENT BETWEEN CITY OF DELRAY BEACH AND AQUIN, HAITI Recommendation: Motion to Approve an Agreement between the City of Delray Beach and the City of Aquin, Haiti to join their respective cities in a Sister Cities partnership. Sponsors: City Manager Department Attachments: Sister City Agreement draft 5-17-16 6.N. PROCLAMATIONS: 6.N.1 WATER REUSE WEEK MAY 15 - 21, 2016 - PROCLAMATION Sponsors: City Clerk Department Attachments: Water Reuse Week May 15 - 21 2016 6.N.2 LADIES OF DISTINCTION DAY - MAY 7, 2016 City of Delray Beach Page 6 Printed on 5/18/2016 City Commission Regular Commission Meeting May 17, 2016 Sponsors: City Clerk Department Attachments: Proclamation 6.O. REPORT OF APPEALABLE LAND USE ITEMS APRIL 11, 2016 THROUGH APRIL 22, 2016 Recommendation: By motion, receive and file this report. Sponsors: Planning and Zoning Board Attachments: Location Map Ligotti Medical Center Dunkin Donuts Auto Zone Delray Kelly Building 6.P. AWARD OF BIDS AND CONTRACTS: 6.P.1. PURCHASE AWARD TO STINGRAY CHEVROLET FOR ONE (1) 2016 CHEVROLET TAHOE POLICE RATED UTILITY VEHICLE Recommendation: Motion to award a purchase to Stingray Chevrolet, utilizing Florida Sheriff’s Association contract # 15-23-0904, in the amount of $39,519.00 to purchase one (1) 2016 Chevrolet Tahoe Police Rated Utility Vehicle. Sponsors: Purchasing Department Attachments: Purchasing Checklist 15-23-0904 Bid Award Document Stingray Letter 5-2-16 Chevy Tahoe PPV Quote-Stingray 7. REGULAR AGENDA: 7.A. CITY COMMISSION APPEAL OF THE MARCH 21, 2016 PLANNING & ZONING BOARD SIMILARITY OF USE DETERMINATION FOR TATTOO ESTABLISHMENTS (QUASI-JUDICIAL HEARING) Recommendation: Consideration of appeal of the March 21, 2016 Planning & Zoning Board Similarity of Use Determination for Tattoo Establishments. Sponsors: Planning & Zoning Department Attachments: Planning & Zoning Board Staff Report March 21, 2016 Tattoo Letter to Tim Stillings re Adminin Similarity of Use Determination. Stamped. Feb 8 2016 Letter to Tim Stillings and Mark McDonnell re Tatoo Studio 3.4.16 Letter to Tim Stillings re Presentation to City Commission 4.27.16 Article re Tattoo Artists - Provided by Agent Letter with Transcript 5.5.16 City of Delray Beach Page 7 Printed on 5/18/2016 City Commission Regular Commission Meeting May 17, 2016 7.B. ROUTINE BUSINESS: (All Items Under this Subsection to be Approved by one Motion. Any Item Under Routine Business May Be Moved by Commission for Separate Consideration) Sponsors: City Clerk Department 7.B.1. SERVICE AUTHORIZATION NO. 12-22 WITH MATHEWS CONSULTING, INC. FOR GENERAL CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES RELATED TO THE AREA 12B RECLAIMED WATER EXPANSION PROJECT Recommendation: Motion to approve Service Authorization No. 12-22 with Mathews Consulting, Incorporated in the amount not to exceed $115,685 for construction administration support services, specialty inspection services, and part-time inspection services for the Area 12B Reclaimed Water Expansion Project for a construction duration of 300 days. (Project No. 2012-009). Sponsors: Environmental Services Department Attachments: Current Consultant Agreements Service Authorization 12-22 Location Map 7.B.2 SERVICE AUTHORIZATION NO. 12-21 TO KIMLEY HORN AND ASSOCIATES, INC. IN THE AMOUNT OF $123, 269.00 FOR PROFESSIONAL SERVICES IN PERFORMING A STUDY OF THE WATER DISTRIBUTION SYSTEM TO ADDRESS CHLORINE RESIDUAL DEPLETION Recommendation: Motion to Approve Service Authorization No. 12-21 to Kimley Horn and Associates, Inc. in the amount of $123,269.00 for providing professional engineering services in performing a analysis and study of the water distribution system to address chlorine residual depletion. Attachments: Service Authorization No. 12-21 Location Map Current Consultant CIP Projects 7.B.3. AWARD OF CONTRACT TO JMW CONSTRUCTION, INC. IN THE AMOUNT OF $564,000 TO THE SECOND LOWEST BIDDER FOR THE FENWAY PARK CONCESSION STAND AND RESTROOMS PROJECT - (BID NO. 2016-064C) Recommendation: Motion to Award a contract in the amount of $564,000.00 to JMW Construction, Incorporated, the lowest responsible and responsive bidder for the Fenway Park Concession Stand and Restroom Project (Project No. 2010-100). Sponsors: Environmental Services Department Attachments: Copy of Buyer's Tab Sheet Miller Park Location Maps 2016-064C - Hartzell - Ltr of Non-responsive 7.B.4. CONTRACT AWARD TO TV DIVERSIFIED, LLC TO REHABILITATE FOUR CITY LIFT STATIONS Recommendation: Motion to approve an award to TV Diversified, LLC, utilizing City of West City of Delray Beach Page 8 Printed on 5/18/2016 City Commission Regular Commission Meeting May 17, 2016 Palm Beach Contract # 13-14-129, for rehabilitation of four City lift stations, at a cost not to exceed $127,433.30. Sponsors: Purchasing Department Attachments: Purchasing Checklist 1452 FE CONTRACT Best Price Letter Main Proposal PDF II 7.B.5. CONTRACT AWARD TO EDSA, INC. FOR PROFESSIONAL DESIGN ENGINEERING AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE BEACH MASTER PLAN (RFQ 2016-056) IN A NOT TO EXCEED AMOUNT OF $464,350. Recommendation: Motion to Approve an Agreement between the City of Delray Beach and EDSA, Inc. for professional design engineering and construction administration services for the Beach Master Plan in an amount not to exceed $464,350 (Project No. 2015-008). Sponsors: Environmental Services Department Attachments: Beach Area Master Plan EDSA Contract 7.C. NOMINATION FOR APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD Sponsors: City Clerk Department Attachments: Exhibit A Public Art Advisory Board Member List Public Art Advisory Board Members Attendance List 7.D. NOMINATION FOR APPOINTMENT TO THE EDUCATION BOARD Sponsors: City Clerk Department Attachments: Exhibit A Education Board Member List Education Board Member Attendance List 7.E. NOMINATION FOR APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD Sponsors: City Clerk Department Attachments: 05172016 Exhibit A Site Plan Review and Appearance Board Member List Site Plan Review and Appearance Board Member Attendance List 7.F. PALM BEACH COUNTY ILA INFRASTRUCTURE SURTAX Attachments: Interlocal Agreement ONE CENT 13 City of Delray Beach Page 9 Printed on 5/18/2016 City Commission Regular Commission Meeting May 17, 2016 7.G. CITY MANAGER PERFORMANCE AND SALARY REVIEW; DISCUSSION REGARDING THE APPOINTMENT OF AN INTERIM CITY ATTORNEY. Recommendation: Motion to Consider the City Manager performance and salary review and discussion regarding the appointment of an interim City Attorney. Sponsors: Human Resources Department 8. PUBLIC HEARINGS: 8.A. ORDINANCE NO. 11-16; A PRIVATELY-INITIATED AMENDMENT TO LDR SECTION 4.5.6, FENCES, WALLS, AND HEDGES, TO PERMIT AND PROVIDE REGULATIONS FOR ELECTRIFIED FENCES. (SECOND READING) (THE APPLICANT HAS REQUESTED THAT THIS ITEM BE POSTPONED TO THE JUNE 7, 2016 REGULAR MEETING) Sponsors: Planning & Zoning Department 9. FIRST READINGS: 9.A. ORDINANCE NO. 13-16, AMENDMENT TO LDR SECTION 4.4.13(B), FIGURE 4.4.13-5, “CENTRAL CORE & BEACH SUB-DISTRICTS REGULATING PLAN TO CORRECT AN OMISSION WITH RESPECT TO PRIMARY STREET DESIGNATIONS (FIRST READING) Recommendation: Motion to approve of the amendment to the Land Development Regulations Section 4.4.13, by adopting the findings of fact and law contained in the staff report, and finding that the amendments and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachments: Ordinance 13-16, CBD Regulating Plan PZB Staff Report 041816 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: 10.A. City Manager 10.A.1 CITY MANAGER'S REPORT . Sponsors: City Manager Department Attachments: 05112016 City Manager Report 05112016 - City Manager's Report Attachments 10.B. City Attorney 10.C. City Commission City of Delray Beach Page 10 Printed on 5/18/2016

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