City Commission
Regular MeetingDelray Beach, FL · May 17, 2016
Minutes
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,
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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;
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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).
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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
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meeting at 9:53 p.m
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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
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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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