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City Commission

Regular Meeting

Delray Beach, FL · November 15, 2016

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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 City of Delray Beach Page 1 Printed on 4/23/2017 City Commission Minutes - Final November 15, 2016 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. City of Delray Beach Page 2 Printed on 4/23/2017 City Commission Minutes - Final November 15, 2016 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. City of Delray Beach Page 3 Printed on 4/23/2017 City Commission Minutes - Final November 15, 2016 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 City of Delray Beach Page 4 Printed on 4/23/2017 City Commission Minutes - Final November 15, 2016 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 City of Delray Beach Page 5 Printed on 4/23/2017 City Commission Minutes - Final November 15, 2016 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 City of Delray Beach Page 6 Printed on 4/23/2017 City Commission Minutes - Final November 15, 2016 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 City of Delray Beach Page 7 Printed on 4/23/2017 City Commission Minutes - Final November 15, 2016 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 City of Delray Beach Page 8 Printed on 4/23/2017 City Commission Minutes - Final November 15, 2016 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 City of Delray Beach Page 9 Printed on 4/23/2017 City Commission Minutes - Final November 15, 2016 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. City of Delray Beach Page 10 Printed on 4/23/2017 City Commission Minutes - Final November 15, 2016 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. City of Delray Beach Page 11 Printed on 4/23/2017 City Commission Minutes - Final November 15, 2016 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 City of Delray Beach Page 12 Printed on 4/23/2017 City Commission Minutes - Final November 15, 2016 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 City of Delray Beach Page 13 Printed on 4/23/2017 City Commission Minutes - Final November 15, 2016 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. City of Delray Beach Page 14 Printed on 4/23/2017 City Commission Minutes - Final November 15, 2016 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. City of Delray Beach Page 15 Printed on 4/23/2017

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 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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