City Commission
Regular MeetingDelray Beach, FL · November 15, 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, November 15, 2016
6:00 PM
Regular Meeting at 6:00 PM
Delray Beach City Hall
City Commission
City Commission Minutes - Final November 15, 2016
1. ROLL CAL
The Regular Meeting of the City Commission of the City of Delray Beach,
Florida was called to order by Mayor Cary Glickstein in the Commission
Chambers at City Hall at 6:00 p.m. on Tuesday, November 15, 2016.
Roll call showed
Commissioner Shelly Petrolia
Deputy Vice Mayor Jordana Jarjura
Commissioner Mitchell Katz
Mayor Cary D. Glickstein
Absent:
None
Also present were:
Donald Cooper, City Manager
R. Max Lohman,City Attorney
Chevelle D. Nubin, City Clerk
2. PLEDGE OF ALLEGENCE
3. PRESENTATIONS:
3.A. 16-1092 PRESENTING ANA PUSKIN, SUSTAINABLY OFFICER WITH
EMPLOYEE OF THE MONTH FOR OCTOBER 2016
Recommendation: Presenting Ana Puskin, Sustainably Officer, with Employee of the Month for
October 2016
Sponsors: Human Resources Department
Attachments: Ana Puszkin
3.B. 16-1079 SPOTLIGHT ON EDUCATION - PLUMOSA SCHOOL OF THE ARTS
Sponsors: Community Improvement
Principal Cathy Reynolds and Ms. Kristin Corchado represented Plumosa
School of the Arts. Ms. Reynolds spoke regarding Ms. Corchado, the
leader of Plumosa's first grade team. Ms Corchado gave comments. Ms.
Reynolds also spoke regarding Delray Reads.
3.C. 16-1099 RECOGNIZING AND COMMENDING DELRAY ROCKS FOOTBALL AND
CHEERLEADING TEAM ORGANIZATION ON 50 YEARS OF SERVICES
Sponsors: Parks & Recreation Department
Attachments: Delray Rocks Proclamation
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Mayor Glickstein read the proclamation recognizing and commending
Delray Rocks into record. He also gave comments recognizing the football
and cheerleading coaches.
Ms. Alberta Gaum showed a video of the Delray Rocks and Coach
Bernard Wright gave comments and special acknowledgements. He also
thanked the Pompey Park Recreation Center Staff, Mrs. Yvonne Odom and
Deidre Thomas.
Mayor Glickstein gave further comments.
3.D. 16-1078 SPORTS DESTINATION COMMITTEE PRESENTATION
Sponsors: Parks & Recreation Department and Gaum
Attachments: Final Sports City Comm Nov 2016 (3)
Ms. Margie Walden introduced committee members and conducted a
presentation providing an update regarding the committee and offered
recommendations.
Commissioner Katz gave comments.
3.E. 16-1133 FLORIDA DEPARTMENT OF TRANSPORTATION PRESENTATION
Recommendation: Representatives from the Florida Department of Transportation will conduct
a presentation regarding proposed roadway improvements.
Girty St. Louis and Rich Denis conducted a presentation regarding
proposed improvements. There will be a FDOT public workshop on
January 10, 2017.
4. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS:
4.A. City Manager's response to prior public comments and inquiries
4.B. From the Public
Public Comments:
Pauline Moody welcomed Mr. Max Lohman, City Attorney and gave further
comments.
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Chuck Halberg, Stuart & Shelby, provided handouts to the City
Commission of the Squall statute and stated it has been moved from the
old location. He commended local artist Jeff Kozan for his work on the
statute.
Mayor Glickstein gave comments.
Laura Simon, Downtown Development Authority Executive Director,
thanked Chuck Halberg and Alice Finst regarding the statute. She also
spoke regarding the "Shop Small" campaign.
Sven thanked the City Commission for approval of the surf festival and
stated it was a family event. He thanked Fire Rescue Chief DeJesus and
the Parks and Recreation Department.
Mayor Glickstein gave comments regarding surfing and the event.
Marjorie Waldo, Chief Executive Officer and President of the Arts Garage,
spoke regarding the Arts Garage and stated they are very grateful for the
City Commission's support. She discussed her goals for the Arts Garage.
Jocelyn Patrick stated she is here in support of the body cameras for the
Police Department.
Emmanuel Dupree Jackson spoke in support of the body cameras for the
Police Department.
Donald Hanna spoke regarding the body cameras for Police officers.
Jane Garcia representing Spady Elementary and spoke regarding the
chorus being selected to sing at Carnegie Hall in 2017. The students sung
for the City Commission.
Louis Andrews requested a traffic study/light for his street at the
intersection of Lawrence and Lake Ida road.
Gabriel Lewis stated he is working with Parks and Recreation to conduct a
turkey drive.
Alan Schlossberg spoke regarding LNG traveling through Delray Beach
and named other types of toxic substances being transported by freight
trains.
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5. AGENDA APPROVAL
There were no requested changes from the City Manager or City Attorney.
Commissioner Petrolia requested that Item 6.C. be moved to the regular
agenda. It was moved to regular agenda as Item 7.A.A.
approved as amended
Yes: 4- Mayor Glickstein, Jarjura, Petrolia, and Commissioner Katz
6. CONSENT AGENDA: City Manager Recommends Approval
approved as amended
Yes: 4- Mayor Glickstein, Jarjura, Petrolia, and Commissioner Katz
6.A. 16-1050 RATIFICATION OF AMENDMENT NO. 1 AND RENEWAL OF
AGREEMENT WITH CONSERV BUILDING SERVICES INC. FOR HVAC
CHILLERS AND TRACER UNITS MAINTENANCE AND SERVICE
Recommendation: Motion to Ratify Amendment No. 1 and approve Amendment No. 2 for the
Agreement with ConServ Building Services, Inc. for HVAC chiller and
tracer units maintenance and service.
Sponsors: Purchasing Department
Attachments: Bid No. 2014-43
11-04-14 Regular Meeting Agenda
Amendment 1 - Renewal
Amendment 2 - Renewal
Renewal Letter ConServ 2017
6.B. 16-1054 APPROVAL TO RENEW A PURCHASE ORDER WITH HAWKINS, INC.
DBA THE DUMONT COMPANY IN A NOT-TO-EXCEED AMOUNT OF
$53,000
Recommendation: Motion to Approve renewal of a purchase order to Hawkins, Inc. d/b/a The
Dumont Company for hydrofluosilicic acid for water treatment in a
not-to-exceed amount of $53,000.
Sponsors: Purchasing Department
Attachments: Renewal Letter for Bid No. 2016 2017 Dumont - Hawkins
Bid 2016-015 Furnish and Delivery of Hydrofluosilicic Acid
Memo from December 1, 2015 CC Meeting
6.C. MOVED TO THE REGULAR AGENDA AS ITEM 7.A.A.
6.D. 16-1067 REJECT ALL BIDS FOR ITB 2016-105L AUTOCAD CONVERSION
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Recommendation: Motion to reject all bids received in response to ITB 2016-105L for the
AutoCAD Conversion
Sponsors: Purchasing Department
Attachments: 2016-105L Addendum 1
2016-105L Addendum 2
2016-105L AutoCAD Conversion v2
2016-105L Notice - Intent to Reject All Responses
6.E. 16-1126 AMENDMENT TO THE RULES AND PROCEDURES FOR
QUASI-JUDICIAL HEARINGS
Recommendation: Motion to Approve the amended Rules and Procedures for Quasi Judicial
Hearings.
Attachments: Procedures for Quasi-Judicial Hearings
6.F. PROCLAMATIONS:
6.F.1. 16-1097 SMALL BUSINESS SATURDAY - NOVEMBER 26, 2016
PROCLAMATION
Recommendation: Proclaim November 26, 2016 as Small Business Saturday in Delray
Beach, Florida
Sponsors: Economic Development Department
Attachments: 111516 Delray Beach Small Business Saturday 2016 Proclamation
6.F.2. 16-1123 FAMILY CAREGIVER MONTH NOVEMBER 2016
Recommendation: Recognizing November 2016 as Family Caregiver Month
Attachments: Family Caregiver Month 2016
6.G. 16-1086 REPORT OF APPEALABLE LAND USE ITEMS OCTOBER 10, 2016
THROUGH OCTOBER 21, 2016
Recommendation: Motion to Accept report.
Sponsors: Planning and Zoning Board
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Attachments: Vacation House - Appealable
PureGreens
Linton Square Master Sign Program
Linton Square Elevations
231 NE 1st Avenue Appealable Report
235 N Swinton Avenue Appealable Report
226 Palm Court Appealable Report
777 N Ocean Boulevard Appealable Report
6.H. AWARD OF BIDS AND CONTRACTS:
6.H.1 NONE
7. REGULAR AGENDA:
6.C. 16-1035 AWARD OF AGREEMENT WITH KNIGHT GROUP, LLC TO ACT AS A
COMMERCIAL REAL ESTATE BROKER FOR THE PURCHASE OF
PROPERTY FOR A TRAINING FACILITY FOR FIRE-RESCUE
Recommendation: Motion to Approve an Agreement with Knight Group, LLC to act as the
City's buyer's broker for the purchase of a property for a training facility for
the Fire-Rescue Department in a not-to-exceed amount of $35,000.
Sponsors: Purchasing Department
Attachments: Real Estate Broker Agreement Knight
Commissioner Petrolia asked questions.
Mr. Lohman reviewed the changes to the agreement.
Commissioner Katz provided comments regarding the scope.
Mr. Cooper stated staff wanted to be very clear that this is a not to exceed
number of $35,000.
approved
Yes: 4- Mayor Glickstein, Jarjura, Petrolia, and Commissioner Katz
7.A. 16-1040 CONDITIONAL USE TO PERMIT THE ESTABLISHMENT OF A
VETERINARY CLINIC FOR BARTON VETERINARY CLINIC AT 700
GEORGE BUSH BOULEVARD. (QUASI-JUDICIAL HEARING)
Recommendation: Motion to Consider a request for a Conditional Use for a veterinary clinic
at 700 George Bush Boulevard for Barton Veterinary Clinic, 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 criteria set forth in Section 2.4.5(E)(5), and Chapter 3 of the
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Land Development Regulations with the condition that the applicant submit
a Class I Site Plan Modification which includes the following:
1. A detail of the refuse area to include two bins for trash/waste, and a
recycle container; and,
2. Screening of the refuse area with either hedges, a fence, or a wall.
Sponsors: Planning & Zoning Department
Attachments: Barton Conditional Use Staff Report 101716
700 George Bush Boulevard: Aerial and Photos
Barton Plans-Proposed
Board Order
Mayor Glickstein read the Quasi Judicial Rules into record.
City Clerk swore in the individuals who wished to speak on this item.
City Commission Members stated they did not have any ex parte
communications to disclose.
Mr. Stillings entered project file #2016-231 into record and presented this
item.
The applicant stated he is present for questions.
There were no public comments.
There was no cross examination or rebuttal from staff or the applicant.
Mr. Lohman reviewed the board order with Commission.
approved
Yes: 4- Mayor Glickstein, Jarjura, Petrolia, and Commissioner Katz
7.B. 16-1124 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):
approved
Yes: 4- Mayor Glickstein, Jarjura, Petrolia, and Commissioner Katz
7.B.1 16-1051 SERVICE AUTHORIZATION NO.12-26 TO BAXTER & WOODMAN
COMPANY IN THE AMOUNT OF $199,986.75 FOR ENGINEERING
SERVICES RELATED TO THE DESIGN AND CONSTRUCTION OF
MASTER LIFT STATION NO. 1
Recommendation: Motion to Approve Service Authorization No. 12-26 to Baxter & Woodman
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Company in the amount of $199,986.75 for consulting engineering services
for the design and construction of Master Sanitary Sewer Lift Station No. 1
(Project No. 2016-031).
Sponsors: Environmental Services Department
Attachments: Service AuthorizationNo. 12-26 with Baxter & Woodman d/b/a
Mathews Consulting, Inc.
Location Map for Lift Station No. 1
7.B.2 16-1053 AMENDMENT TO RENEW THE AGREEMENT WITH PROLIME
CORPORATION FOR WET LIME SLUDGE HAULING IN A NOT TO
EXCEED AMOUNT OF $310,000
Recommendation: Motion to Approve an amendment to renew the Agreement with Prolime
Corporation for Wet Lime Sludge Hauling for an additional one year term,
in a not-to-exceed amount of $310,000.
Sponsors: Purchasing Department
Attachments: Prolime Corp Standard Form of Agreement
Prolime Corporation - 4th Renewal 2016 - 2017
Prolime Corporation -Amendment No. 001 to Bid #2013-18 - Wet Lime
Sludge Hauling Hauling
7.B.3 16-1061 APPROVAL OF A GRANT AGREEMENT WITH THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT FOR PROVIDING
SUPPLEMENTARY FUNDING FOR THE AREA 12C RECLAIMED
WATER SYSTEM EXPANSION PROJECT, PROJECT NO. 2016-024, IN
THE AMOUNT OF $400,000, AS PART OF THEIR COOPERATIVE
FUNDING PROGRAM FOR ALTERNATIVE WATER SUPPLY
Recommendation: Motion to approve and execute a grant agreement with the South Florida
Water Management District (SFWMD) for providing supplementary funding
for the Area 12C Reclaimed Water System expansion project in the
amount of $400,000, Project No. 2016-024, as part of their Cooperative
Funding Program for Alternative Water Supply (AWS).
Sponsors: Purchasing Department
Attachments: SFWMD Cooperative Funding Program
7.B.4 16-1063 PURCHASE AWARD TO NORTRAX, INC. FOR THE PURCHASE OF A
JOHN DEERE LOADER IN THE AMOUNT OF $156,802.20
Recommendation: Motion to Award a purchase to Nortrax, Inc., for a John Deere 544K 3.0
Cubic Yard Wheel Loader for the Public Works Department in the amount
of $156,802.20 utilizing the Florida Sheriff's Association Contract
#FSA16-VEH14.0.
Sponsors: Purchasing Department
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Attachments: Delray Beach 17 544K Grapple Rake with Trade
FSA Vehicle Bid Award System - Heavy Bid Award Summary
TC Vehicles and Equipment
FSA16-VEH14.0 Bid Award Document
7.B.5 16-1082 AUTHORIZATION TO ENTER INTO NEGOTIATIONS FOR TIME AND
ATTENDANCE SOLUTION WITH THE SECOND HIGHEST RANKED
FIRM, INTELLITIME SYSTEMS CORPORATIONS
Recommendation: Motion to Authorize staff to enter into negotiations for a contract for a Time
and Attendance Solution with the Second Highest Ranked Firm, IntelliTime
Systems Corporations.
Sponsors: Purchasing Department
Attachments: 2016-093L Intent to Award
7.B.6. 16-1083 AGREEMENT FOR THE PURCHASE OF BODY-WORN CAMERAS AND
TASERS FROM TASER INTERNATIONAL INC.
Recommendation: Motion to Approve an agreement for the purchase of 125 body-worn
cameras, TASERs and on-going services from Taser International, Inc. for
a total five year cost of $913,633.43.
Sponsors: Purchasing Department
Attachments: Taser Axon Sole Source
Delray TASER updated deployment quote
Delray TASER MSPA
Commissioner Petrolia asked questions regarding the camera footage
and will every officer be equipped with cameras.
Police Chief Jeffrey Goldman spoke regarding the contract and the public
records specialist. He also commented regarding the number of cameras.
Commissioner Petrolia asked if the city has seen any savings as a result of
the use of the cameras. She asked City Attorney Lohman if he has any
concerns from a legal standpoint.
Commissioner Katz stated he has similar concerns and commented about
persons he has spoken with about the cameras. He stated he is supportive
of the cameras.
Mayor Glickstein inquired about public records and redactions regarding
the footage.
Chief Goldman stated the are working with the State Attorney's office with
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this.
Vice Mayor Jarjura commended the Police Department.
approved
Yes: 4- Mayor Glickstein, Jarjura, Petrolia, and Commissioner Katz
7.B.7 16-1084 APPROVAL OF THE TRADE-IN OF OLD WEAPONS FOR THE
PURCHASE OF NEW LASER AIMING DEVICES (NON-REAL
PROPERTY)
Recommendation: Motion to Approve the trade-in of old weapons for the purchase of new
laser aiming devices from SRT Supply Inc.
Sponsors: Purchasing Department
Attachments: SRT Supply Delray
TPG Quote DBPD 7-11-16 L3 PEQ-15 Laser Quote 2
Federal Eastern Quote LASER quote 3
7.C. 16-1114 LEASE WITH CREATIVE CITY COLLABORATIVE OF DELRAY BEACH
FOR THE ARTS GARAGE
Recommendation: Motion to Approve execution of a five-year lease with Creative City
Collaborative (CCC) of Delray Beach for the Arts Garage.
Sponsors: City Attorney Department
Attachments: Lease Agreement with Creative City Collaborative of Delray Beach for
the Arts Garage 11-15-15 CC Agenda
Mr. Lohman spoke regarding this agreement.
Discussion ensued between the City Commission and the City Manager
regarding the agreement.
Vice Mayor Jarjura commented regarding licenses and written consent.
She also spoke regarding the use of the premises limitations.
Mr. Cooper stated staff will make the changes to the contract as discussed
by the City Commission.
Ms. Walden commented regarding the hours.
Vice Mayor Jarjura stated she appreciates the very well thought
communication in writing and in person.
Mr. Lohman reviewed the changes the City Commission wants to make to
the agreement.
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Mayor Glickstein gave comments and asked about default language.
Vice Mayor Jarjura stated the default language is clear in this agreement.
Mayor Glickstein stated it is about programming.
Commissioner Katz congratulated the Schmiers and Hubbards (sp) for
their contributions to the Arts Garage.
approved as amended
Yes: 4- Mayor Glickstein, Jarjura, Petrolia, and Commissioner Katz
7.D. 16-1095 ACCEPTANCE OF A RIGHT-OF-WAY DEED AGREEMENT
ASSOCIATED WITH THE FOURTH AND FIFTH DELRAY PROJECT
(iPIC)
Recommendation: Motion to Accept the 8.17-foot dedication for S.W. 4th Avenue and 8-foot
dedication for the east/west alley and right-of-way agreement from the
Community Redevelopment Agency for a portion of Lots 7, 8, 9, and Lot 10,
Block 101 Town of Linton (now Delray Beach Subdivision).
Sponsors: Planning & Zoning Department
Attachments: Fourth and Fifth Delray Location Map
10-20-16 - Right-of-Way Dedication - SE 4th Ave-Alley - iPic -
REVISED
Sketch Plan and Legal Description
Mr. Tim Stillings, Planning, Zoning and Building Director, presented this
item.
Discussion ensued regarding this item.
approved
Yes: 4- Mayor Glickstein, Jarjura, Petrolia, and Commissioner Katz
7.E. 16-1101 APPOINTMENT OF PERSON TO FILL UNEXPIRED TERM FOR SEAT
#2
Recommendation: Motion to Appoint a person to fill the unexpired term for Seat #2 until the
March 30, 2017 Organizational Meeting.
Attachments: Delray Beach Charter Article III Section 3.08
Procedures for Selecting a New Commissioner
Ballot for CITY COMMISSION SEAT 2
Mr. Lohman discussed the Charter requirements and the March election.
He stated the City Commission has received a suggested procedures but
can use a different procedure if they wish.
Discussion ensued regarding the procedures.
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Commissioner Katz thanked everyone who applied for the seat.
The City Commission voted for candidates for three rounds. They
discussed the choices after the third round vote.
It was consensus to postpone this item to December 6, 2016.
approved
Yes: 4- Mayor Glickstein, Jarjura, Petrolia, and Commissioner Katz
7.F. 16-1105 SELECTION OF NEW DEPUTY VICE MAYOR
Recommendation: Motion to Select a new Deputy Vice Mayor to serve until March 30, 2017.
Attachments: Delray Beach Charter Article III Section 3.04 and 3.06
Commissioner Petrolia nominated Commissioner Katz for Deputy Vice
Mayor.
approved
Yes: 4- Mayor Glickstein, Jarjura, Petrolia, and Commissioner Katz
7.G. 16-1080 NOMINATIONS FOR APPOINTMENT TO THE BOARD OF
ADJUSTMENT
Recommendation: Recommend nominations for appointment for one (1) regular member to
serve on the Board of Adjustment for an unexpired term ending August 31,
2017 and for one (1) regular member to serve a two (2) year term ending
August 31, 2018.
Sponsors: City Clerk Department
Attachments: Exhibit A
Board of Adjustment Board Member List
Board of Adjustment Attendance List
Appointed Mark Gregory and Chris Davey.
approved
Yes: 4- Mayor Glickstein, Jarjura, Petrolia, and Commissioner Katz
7.H. 16-1117 NOMINATION FOR APPOINTMENT TO THE SITE PLAN REVIEW AND
APPEARANCE BOARD
Recommendation: Recommend 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
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Attachments: Exhibit A
Site Plan Review and Appearance Board Member List
Site Plan Review and Appearance Board Attendance List
Commissioner Katz deferred this appointment.
8. PUBLIC HEARINGS:
8.A. 16-1107 ORDINANCE NO. 33-16: AN AMENDMENT TO THE CITY'S LAND
DEVELOPMENT REGULATIONS FOR TATTOO ESTABLISHMENTS AS
A SPECIFIC USE WITHIN CERTAIN COMMERCIAL DISTRICTS
(SECOND READING / SECOND PUBLIC HEARING)
Recommendation: Motion to Approve Ordinance No. 33-16 regarding tattoo establishments
as a specific use within General Commercial, Central Business District,
Old School Square Historic Arts District, and Planned Commercial zoning
districts on first reading.
Attachments: Tattoo Ordinance 09.28.16 FINAL - Revised for 11.15.16 CC
Exhibits and Findings
MEMORANDUM - Nancy Stroud
PZB Report 10.17.16
Schools and Churches_400 Scale
Florida AG Gang Report
Mr. Lohman spoke regarding the ordinance.
Mr. Stillings presented this item and stated the requested changes have
been made.
Public Comment:
Mr. Jeff Kozan spoke regarding the ordinance.
Commissioner Petrolia asked about the visibility from the street and the
chairs right at the windows.
adopted
Yes: 4- Mayor Glickstein, Jarjura, Petrolia, and Commissioner Katz
Yes: 4- Mayor Glickstein, Jarjura, Petrolia, and Commissioner Katz
9. FIRST READINGS:
9.A. 16-1085 ORDINANCE NO. 32-16: AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY REPEALING
SECTION 4.5.3, “FLOOD DAMAGE CONTROL DISTRICTS”,
RENUMBERING SECTION 4.5.4, “COASTAL CONSTRUCTION”, AND
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ENACTING A NEW CHAPTER 10, “FLOOD DAMAGE CONTROL
DISTRICTS AND COASTAL CONSTRUCTION” TO PROVIDE FLOOD
HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR,
TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT IN
FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; TO ARTICLE
10.4, “COASTAL CONSTRUCTION” (FIRST READING)
Recommendation: Consider an amendment to Land Development Regulation by repealing
Section 4.5.3, “Flood Damage Control Districts”, renumbering Section 4.5.4,
“Coastal Construction”, and enacting a new Chapter 10, “Flood Damage
Control Districts and Coastal Construction".
Sponsors: Planning and Zoning Board
Attachments: Ordinance No. 32-16
Planning and Zoning Board Staff Report.docx
10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
A. City Manager
10.A.1. 16-1122 CITY MANAGER REPORT
Recommendation: Status of Not-For-Profit- (NFP) Funding and Lease Agreements
Sponsors: City Manager Department
Attachments: Status Not-for-Profit (NFP) Funding and Lease Agreements
Mr. Cooper gave comments regarding the library.
He also spoke regarding a proposal from New Visions Consulting for
an Interim City Manager. He stated he also spoke to Colin Baezinger
for the provision of services.
Commissioner Katz stated he asked that the Interim City Manager
position be posted as a job listing on the city's website.
Mr. Cooper gave further comments regarding Mr. Baezinger.
The City Commission discussed department heads having the option to
serve in this capacity and discussed potential candidates utilizing a
head hunter.
It was the consensus of the City Commission to utilize Colin Baezinger.
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B. City Attorney
C. City Commission
Commissioner Petrolia welcomed City Attorney Lohman. She commented
regarding not having a parade this year and stated Veterans Day was
perfect and stated this is one of her favorite events. She also congratulated
Delores and Rosanne who played a major role in this. She also
commented about another event (?) and spoke about Delray Place North.
She also discussed advisory boards and stated she would like to see this
brought up. She stated she needs an update on the WAGS issue.
Commissioner Petrolia wished everyone a Happy Thanksgiving.
Vice Mayor Jarjura commented on the Police/Fire-Rescue game and
thanked the Mayor, Delores and Rosanne for the Veterans Day event. She
commended the Mayor for this event and his speech. She commended the
singer. She also thanked the Mayor for his work on the sober home issue.
She also thanked City Attorney Lohman for the quasi judicial rules.
Commissioner Katz thanked Delores, staff and the Mayor for the Veterans
Day event and spoke regarding Project Holiday. He discussed the boy
scout troops collecting food and stated it goes to local food banks and
thanked the residents who donated. He stated Sandoway House did a
great job with their event on Saturday. He asked the City Attorney if he can
speak his further thoughts regarding the City Commission seat selection.
The City Attorney stated Commissioner Katz can speak regarding the
selection.
Commissioner Katz provided further comments regarding the selection.
Commissioner Petrolia stated she called every applicant and has her own
list of questions. She stated there were a couple of people that rose to the
top and that is what made her decision.
Mayor Glickstein stated the city has plowed alot of ground over the last year
regarding projects and commented regarding the city manager position.
He echoed the appreciation for staff for Veterans Day and discussed the
event for next. He stated he appreciated the turnout. He commented
regarding the Sandoway House and Alan Kornblau leaving the library to
take another position. He wished him well.
There being no further business, Mayor Glickstein adjourned the
meeting at 9:18 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
Regular Meeting at 6:00 PM
Tuesday, November 15, 2016
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
City Commission
Mayor Cary Glickstein
Vice Mayor Jordana Jarjura
Commissioner Mitchell Katz
Commissioner Shelly Petrolia
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 November 15, 2016
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. PRESENTATIONS:
3.A. PRESENTING ANA PUSKIN, SUSTAINABLY OFFICER WITH EMPLOYEE OF THE
MONTH FOR OCTOBER 2016
Recommendation: Presenting Ana Puskin, Sustainably Officer, with Employee of the Month
for October 2016
Sponsors: Human Resources Department
Attachments: Ana Puszkin
3.B. SPOTLIGHT ON EDUCATION - PLUMOSA SCHOOL OF THE ARTS
Sponsors: Community Improvement
3.C. RECOGNIZING AND COMMENDING DELRAY ROCKS FOOTBALL AND
CHEERLEADING TEAM ORGANIZATION ON 50 YEARS OF SERVICES
Sponsors: Parks & Recreation Department
Attachments: Delray Rocks Proclamation
3.D. SPORTS DESTINATION COMMITTEE PRESENTATION
Sponsors: Parks & Recreation Department and Gaum
Attachments: Final Sports City Comm Nov 2016 (3)
3.E. FLORIDA DEPARTMENT OF TRANSPORTATION PRESENTATION
Recommendation: Representatives from the Florida Department of Transportation will
conduct a presentation regarding proposed roadway improvements.
4. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM
THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS:
4.A. City Manager's response to prior public comments and inquiries
4.B. From the Public
5. AGENDA APPROVAL
6. CONSENT AGENDA: City Manager Recommends Approval
City of Delray Beach Page 3 Printed on 11/14/2016
City Commission Regular Commission Meeting November 15, 2016
6.A. RATIFICATION OF AMENDMENT NO. 1 AND RENEWAL OF AGREEMENT WITH
CONSERV BUILDING SERVICES INC. FOR HVAC CHILLERS AND TRACER UNITS
MAINTENANCE AND SERVICE
Recommendation: Motion to Ratify Amendment No. 1 and approve Amendment No. 2 for
the Agreement with ConServ Building Services, Inc. for HVAC chiller
and tracer units maintenance and service.
Sponsors: Purchasing Department
Attachments: Bid No. 2014-43
11-04-14 Regular Meeting Agenda
Amendment 1 - Renewal
Amendment 2 - Renewal
Renewal Letter ConServ 2017
6.B. APPROVAL TO RENEW A PURCHASE ORDER WITH HAWKINS, INC. DBA THE
DUMONT COMPANY IN A NOT-TO-EXCEED AMOUNT OF $53,000
Recommendation: Motion to Approve renewal of a purchase order to Hawkins, Inc. d/b/a
The Dumont Company for hydrofluosilicic acid for water treatment in a
not-to-exceed amount of $53,000.
Sponsors: Purchasing Department
Attachments: Renewal Letter for Bid No. 2016 2017 Dumont - Hawkins
Bid 2016-015 Furnish and Delivery of Hydrofluosilicic Acid
Memo from December 1, 2015 CC Meeting
6.C. AWARD OF AGREEMENT WITH KNIGHT GROUP, LLC TO ACT AS A
COMMERCIAL REAL ESTATE BROKER FOR THE PURCHASE OF PROPERTY
FOR A TRAINING FACILITY FOR FIRE-RESCUE
Recommendation: Motion to Approve an Agreement with Knight Group, LLC to act as the
City's buyer's broker for the purchase of a property for a training facility
for the Fire-Rescue Department in a not-to-exceed amount of $35,000.
Sponsors: Purchasing Department
Attachments: Real Estate Broker Agreement Knight
6.D. REJECT ALL BIDS FOR ITB 2016-105L AUTOCAD CONVERSION
Recommendation: Motion to reject all bids received in response to ITB 2016-105L for the
AutoCAD Conversion
Sponsors: Purchasing Department
Attachments: 2016-105L Addendum 1
2016-105L Addendum 2
2016-105L AutoCAD Conversion v2
2016-105L Notice - Intent to Reject All Responses
City of Delray Beach Page 4 Printed on 11/14/2016
City Commission Regular Commission Meeting November 15, 2016
6.E. AMENDMENT TO THE RULES AND PROCEDURES FOR QUASI-JUDICIAL
HEARINGS
Recommendation: Motion to Approve the amended Rules and Procedures for Quasi
Judicial Hearings.
Attachments: Procedures for Quasi-Judicial Hearings
6.F. PROCLAMATIONS:
6.F.1. SMALL BUSINESS SATURDAY - NOVEMBER 26, 2016 PROCLAMATION
Recommendation: Proclaim November 26, 2016 as Small Business Saturday in Delray
Beach, Florida
Sponsors: Economic Development Department
Attachments: 111516 Delray Beach Small Business Saturday 2016 Proclamation
6.F.2. FAMILY CAREGIVER MONTH NOVEMBER 2016
Recommendation: Recognizing November 2016 as Family Caregiver Month
Attachments: Family Caregiver Month 2016
6.G. REPORT OF APPEALABLE LAND USE ITEMS OCTOBER 10, 2016 THROUGH
OCTOBER 21, 2016
Recommendation: Motion to Accept report.
Sponsors: Planning and Zoning Board
Attachments: Vacation House - Appealable
PureGreens
Linton Square Master Sign Program
Linton Square Elevations
231 NE 1st Avenue Appealable Report
235 N Swinton Avenue Appealable Report
226 Palm Court Appealable Report
777 N Ocean Boulevard Appealable Report
6.H. AWARD OF BIDS AND CONTRACTS:
6.H.1 NONE
7. REGULAR AGENDA:
City of Delray Beach Page 5 Printed on 11/14/2016
City Commission Regular Commission Meeting November 15, 2016
7.A. CONDITIONAL USE TO PERMIT THE ESTABLISHMENT OF A VETERINARY
CLINIC FOR BARTON VETERINARY CLINIC AT 700 GEORGE BUSH BOULEVARD.
(QUASI-JUDICIAL HEARING)
Recommendation: Motion to Consider a request for a Conditional Use for a veterinary
clinic at 700 George Bush Boulevard for Barton Veterinary Clinic, 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 criteria set forth in Section 2.4.5(E)(5),
and Chapter 3 of the Land Development Regulations with the condition
that the applicant submit a Class I Site Plan Modification which includes
the following:
1. A detail of the refuse area to include two bins for trash/waste, and
a recycle container; and,
2. Screening of the refuse area with either hedges, a fence, or a
wall.
Sponsors: Planning & Zoning Department
Attachments: Barton Conditional Use Staff Report 101716
700 George Bush Boulevard: Aerial and Photos
Barton Plans-Proposed
Board Order
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):
7.B.1 SERVICE AUTHORIZATION NO.12-26 TO BAXTER & WOODMAN COMPANY IN
THE AMOUNT OF $199,986.75 FOR ENGINEERING SERVICES RELATED TO THE
DESIGN AND CONSTRUCTION OF MASTER LIFT STATION NO. 1
Recommendation: Motion to Approve Service Authorization No. 12-26 to Baxter &
Woodman Company in the amount of $199,986.75 for consulting
engineering services for the design and construction of Master Sanitary
Sewer Lift Station No. 1 (Project No. 2016-031).
Sponsors: Environmental Services Department
Attachments: Service AuthorizationNo. 12-26 with Baxter & Woodman d/b/a Mathews Consulting, Inc.
Location Map for Lift Station No. 1
City of Delray Beach Page 6 Printed on 11/14/2016
City Commission Regular Commission Meeting November 15, 2016
7.B.2 AMENDMENT TO RENEW THE AGREEMENT WITH PROLIME CORPORATION
FOR WET LIME SLUDGE HAULING IN A NOT TO EXCEED AMOUNT OF $310,000
Recommendation: Motion to Approve an amendment to renew the Agreement with Prolime
Corporation for Wet Lime Sludge Hauling for an additional one year
term, in a not-to-exceed amount of $310,000.
Sponsors: Purchasing Department
Attachments: Prolime Corp Standard Form of Agreement
Prolime Corporation - 4th Renewal 2016 - 2017
Prolime Corporation -Amendment No. 001 to Bid #2013-18 - Wet Lime Sludge Hauling Hauling
7.B.3 APPROVAL OF A GRANT AGREEMENT WITH THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT FOR PROVIDING SUPPLEMENTARY FUNDING FOR
THE AREA 12C RECLAIMED WATER SYSTEM EXPANSION PROJECT, PROJECT
NO. 2016-024, IN THE AMOUNT OF $400,000, AS PART OF THEIR COOPERATIVE
FUNDING PROGRAM FOR ALTERNATIVE WATER SUPPLY
Recommendation: Motion to approve and execute a grant agreement with the South
Florida Water Management District (SFWMD) for providing
supplementary funding for the Area 12C Reclaimed Water System
expansion project in the amount of $400,000, Project No. 2016-024, as
part of their Cooperative Funding Program for Alternative Water Supply
(AWS).
Sponsors: Purchasing Department
Attachments: SFWMD Cooperative Funding Program
7.B.4 PURCHASE AWARD TO NORTRAX, INC. FOR THE PURCHASE OF A JOHN
DEERE LOADER IN THE AMOUNT OF $156,802.20
Recommendation: Motion to Award a purchase to Nortrax, Inc., for a John Deere 544K 3.0
Cubic Yard Wheel Loader for the Public Works Department in the
amount of $156,802.20 utilizing the Florida Sheriff's Association
Contract #FSA16-VEH14.0.
Sponsors: Purchasing Department
Attachments: Delray Beach 17 544K Grapple Rake with Trade
FSA Vehicle Bid Award System - Heavy Bid Award Summary
TC Vehicles and Equipment
FSA16-VEH14.0 Bid Award Document
City of Delray Beach Page 7 Printed on 11/14/2016
City Commission Regular Commission Meeting November 15, 2016
7.B.5 AUTHORIZATION TO ENTER INTO NEGOTIATIONS FOR TIME AND ATTENDANCE
SOLUTION WITH THE SECOND HIGHEST RANKED FIRM, INTELLITIME SYSTEMS
CORPORATIONS
Recommendation: Motion to Authorize staff to enter into negotiations for a contract for a
Time and Attendance Solution with the Second Highest Ranked Firm,
IntelliTime Systems Corporations.
Sponsors: Purchasing Department
Attachments: 2016-093L Intent to Award
7.B.6. AGREEMENT FOR THE PURCHASE OF BODY-WORN CAMERAS AND TASERS
FROM TASER INTERNATIONAL INC.
Recommendation: Motion to Approve an agreement for the purchase of 125 body-worn
cameras, TASERs and on-going services from Taser International, Inc.
for a total five year cost of $913,633.43.
Sponsors: Purchasing Department
Attachments: Taser Axon Sole Source
Delray TASER updated deployment quote
Delray TASER MSPA
7.B.7 APPROVAL OF THE TRADE-IN OF OLD WEAPONS FOR THE PURCHASE OF NEW
LASER AIMING DEVICES (NON-REAL PROPERTY)
Recommendation: Motion to Approve the trade-in of old weapons for the purchase of new
laser aiming devices from SRT Supply Inc.
Sponsors: Purchasing Department
Attachments: SRT Supply Delray
TPG Quote DBPD 7-11-16 L3 PEQ-15 Laser Quote 2
Federal Eastern Quote LASER quote 3
7.C. LEASE WITH CREATIVE CITY COLLABORATIVE OF DELRAY BEACH FOR THE
ARTS GARAGE
Recommendation: Motion to Approve execution of a five-year lease with Creative City
Collaborative (CCC) of Delray Beach for the Arts Garage.
Sponsors: City Attorney Department
Attachments: Lease Agreement with Creative City Collaborative of Delray Beach for the Arts Garage 11-15-15 CC Agenda
City of Delray Beach Page 8 Printed on 11/14/2016
City Commission Regular Commission Meeting November 15, 2016
7.D. ACCEPTANCE OF A RIGHT-OF-WAY DEED AGREEMENT ASSOCIATED WITH
THE FOURTH AND FIFTH DELRAY PROJECT (iPIC)
Recommendation: Motion to Accept the 8.17-foot dedication for S.W. 4th Avenue and 8-foot
dedication for the east/west alley and right-of-way agreement from the
Community Redevelopment Agency for a portion of Lots 7, 8, 9, and Lot 10,
Block 101 Town of Linton (now Delray Beach Subdivision).
Sponsors: Planning & Zoning Department
Attachments: Fourth and Fifth Delray Location Map
10-20-16 - Right-of-Way Dedication - SE 4th Ave-Alley - iPic - REVISED
Sketch Plan and Legal Description
7.E. APPOINTMENT OF PERSON TO FILL UNEXPIRED TERM FOR SEAT #2
Recommendation: Motion to Appoint a person to fill the unexpired term for Seat #2 until
the March 30, 2017 Organizational Meeting.
Attachments: Delray Beach Charter Article III Section 3.08
Procedures for Selecting a New Commissioner
Ballot for CITY COMMISSION SEAT 2
7.F. SELECTION OF NEW DEPUTY VICE MAYOR
Recommendation: Motion to Select a new Deputy Vice Mayor to serve until March 30,
2017.
Attachments: Delray Beach Charter Article III Section 3.04 and 3.06
7.G. NOMINATIONS FOR APPOINTMENT TO THE BOARD OF ADJUSTMENT
Recommendation: Recommend nominations for appointment for one (1) regular member to
serve on the Board of Adjustment for an unexpired term ending August
31, 2017 and for one (1) regular member to serve a two (2) year term
ending August 31, 2018.
Sponsors: City Clerk Department
Attachments: Exhibit A
Board of Adjustment Board Member List
Board of Adjustment Attendance List
City of Delray Beach Page 9 Printed on 11/14/2016
City Commission Regular Commission Meeting November 15, 2016
7.H. NOMINATION FOR APPOINTMENT TO THE SITE PLAN REVIEW AND
APPEARANCE BOARD
Recommendation: Recommend 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
Attachments: Exhibit A
Site Plan Review and Appearance Board Member List
Site Plan Review and Appearance Board Attendance List
8. PUBLIC HEARINGS:
8.A. ORDINANCE NO. 33-16: AN AMENDMENT TO THE CITY'S LAND DEVELOPMENT
REGULATIONS FOR TATTOO ESTABLISHMENTS AS A SPECIFIC USE WITHIN
CERTAIN COMMERCIAL DISTRICTS (SECOND READING / SECOND PUBLIC
HEARING)
Recommendation: Motion to Approve Ordinance No. 33-16 regarding tattoo establishments
as a specific use within General Commercial, Central Business District,
Old School Square Historic Arts District, and Planned Commercial
zoning districts on first reading.
Attachments: Tattoo Ordinance 09.28.16 FINAL - Revised for 11.15.16 CC
Exhibits and Findings
MEMORANDUM - Nancy Stroud
PZB Report 10.17.16
Schools and Churches_400 Scale
Florida AG Gang Report
9. FIRST READINGS:
City of Delray Beach Page 10 Printed on 11/14/2016
City Commission Regular Commission Meeting November 15, 2016
9.A. ORDINANCE NO. 32-16: AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY REPEALING SECTION 4.5.3,
“FLOOD DAMAGE CONTROL DISTRICTS”, RENUMBERING SECTION 4.5.4,
“COASTAL CONSTRUCTION”, AND ENACTING A NEW CHAPTER 10, “FLOOD
DAMAGE CONTROL DISTRICTS AND COASTAL CONSTRUCTION” TO PROVIDE
FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO
ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD
AREAS, AND FOR OTHER PURPOSES; TO ARTICLE 10.4, “COASTAL
CONSTRUCTION” (FIRST READING)
Recommendation: Consider an amendment to Land Development Regulation by repealing
Section 4.5.3, “Flood Damage Control Districts”, renumbering Section 4.5.4,
“Coastal Construction”, and enacting a new Chapter 10, “Flood Damage
Control Districts and Coastal Construction".
Sponsors: Planning and Zoning Board
Attachments: Ordinance No. 32-16
Planning and Zoning Board Staff Report.docx
10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
A. City Manager
10.A.1 CITY MANAGER REPORT
.
Recommendation: Status of Not-For-Profit- (NFP) Funding and Lease Agreements
Sponsors: City Manager Department
Attachments: Status Not-for-Profit (NFP) Funding and Lease Agreements
B. City Attorney
C. City Commission
City of Delray Beach Page 11 Printed on 11/14/2016
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