City Commission
Regular MeetingDelray Beach, FL · February 20, 2018
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, February 20, 2018
6:00 PM
Regular Meeting at 6:00 PM
Delray Beach City Hall
City Commission
City Commission Minutes - Final February 20, 2018
1. ROLL CALL
The February 20, 2018 Regular City Commission Meeting was called to
order at 6:00 p.m.
Roll Call:
Mayor Glickstein
Vice Mayor Chard
Deputy Vice Mayor Johnson
Commissioner Petrolia
Commissioner Katz
Others present were:
Mark R, Lauzier, City Manager
R. Max Lohman, City Attorney
Katerri Johnson, City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. AGENDA APPROVAL
Mayor Glickstein moved Item 7.D. back to the consent agenda as it does
not need to be discussed.
Commissioner Katz made a motion to approve the agenda as amended. It
was seconded by Deputy Vice Mayor Johnson. A Roll Call vote was taken
and all were in favor. The motion carried 5-0.
4. PRESENTATIONS:
4.A. 18-044 RESOLUTION NO. 02-18 RECOGNIZING MARGO MURPHY FOR 30
YEARS OF SERVICE
Recommendation: Motion to Approve Resolution No. 02-18 honoring Margo Murphy for 30
years of service.
Sponsors: Human Resources Department
Attachments: Agenda Cover Memo
Resolution 02-18 Margo Murphy
Mayor Glickstein read the proclamation recognizing Margo Murphy for her
thirty years of service.
Ms. Schroeder gave a power point presentation on 211 Awareness Month
and Proclamation.
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approved
4.B. 18-069 211 AWARENESS MONTH PRESENTATION & PROCLAMATION
Sponsors: City Clerk Department
Attachments: Agenda Cover Memo
211 Awareness Delray
approved
4.C. 18-066 DOWNTOWN DELRAY BEACH SHOPABILITY ANALYSIS PRESENTED
BY GIBBS PLANNING GROUP
Recommendation: No recommendation required. Presentation by Gibbs Planning Group only.
Sponsors: City Clerk Department
Attachments: Agenda Cover Memo
City Commission Meeting 2.20.18 Memo - Downtown Shop Ability
Study Presentation by Robert Gibbs
Delray Shopability Feb 2018 City Council
The Gibbs Planning Group gave a presentation on a downtown shopability
analysis. The major problem for the merchants in the downtown area is
parking. The internet is becoming a big challenge to storeowners as well.
He suggested changing the parking decks regulations to free parking
twenty-four hours seven days a week. Also to implement a reasonable
monthly parking permit for employees.
The parking decks are below industry standards, the elevator for the
parking deck was inoperable for five days. The elevators should not be
inoperable for more than twenty-four hours. The stairwells were poorly lit,
dirty and filled with graffiti. He suggested changing the City's policy for the
first level parking deck and allow for employee parking and valet parking.
The signs in town are very confusing. He suggested establishing a Way
finding system.
He also pointed out that the trash cans are different colors with plastic lids
and overflowing with trash. The walkways have uneven bricks and in some
areas are too narrow for a wheel chair or a baby stroller. There should be a
six foot mimimum cleared area which is a Federal American with
Disabilities Act requirement. The landscaping should be brought up to
higher standards. The pedestrian crosswalks need to be painted. Certain
crosswalks need to be replaced. He also suggested hiring a business
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recruiter.
approved
4.D. 18-123 CRA MONTHLY REPORT - JANUARY 2018
Recommendation: No action required. CRA Board Update only.
Sponsors: Community Redevelopment Agency
Attachments: Agenda Cover Memo
CRA ED Memo Project Updates January - 2-7-18
7B Financial Rpt Dec
7C Monthly Work Plan January
Mr. Jeff Costello gave the monthly report for the Community
Redevelopment Agency for the month of January 2018.
approved
5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS:
Mayor Glickstein opened the meeting up for public comment.
Mr. Johnson of 46 Marine Way had two pictures of trees that were trimmed
too closely, he also mentioned that a ditch is needed on Marine Way to
stop the water.
Arlene Houston of 1327 of High Point East said she would like the voting
rights be extended to ex-offenders, she stated that the question will be on
the ballot in November under Amendment Four.
Eric Camacho of 118 S.E. 7th Avenue stated that people are speeding
down his street. He suggested putting directional signs around the traffic
circle.
Mayor Glickstein hearing no further comments, closed the public portion of
the meeting.
Deputy Vice Mayor Johnson made a motion to approve the Consent
agenda as amended. It was seconded by Commissioner Petrolia. A Roll
Call vote was taken and all were in favor. The motion carried 5-0.
5.A. City Manager’s response to prior public comments and inquiries
There were none.
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5.B. From the Public
6. CONSENT AGENDA: City Manager Recommends Approval
6.A. 18-082 APPROVE STAFF PREPARATION AND SUBMITTAL OF THREE
GRANT APPLICATIONS AS PART OF THE LOCAL INITIATIVES (LI)
PROGRAM AND TRANSPORTATION ALTERNATIVES (TA) PROGRAM
FOR PROJECTS TO BE SUBMITTED TO THE PALM BEACH
TRANSPORTATION PLANNING AGENCY (TPA) FOR APPROVAL
DURING FISCAL YEAR 2018.
Recommendation: Motion to allow City staff to proceed with the submittal of the grant
applications for Linton Boulevard (US 1 to A1A) and SW Germantown (S
Congress Ave to Old Germantown Road, Orchard View Elementary
School) for the Local Initiatives Program, and Carl Bolter Drive (Lindell
Boulevard to Avocet Road) for the Transportation Alternatives Program.
Sponsors: Public Works Department
Attachments: Agenda Cover Memo
80' and 60' ROW Typical Proposed Design
TABLE PROJECT NAME AND LIMITS.docx
approved
6.B. 18-097 APPROVAL OF A CONSENT TO ASSIGNMENT AND ASSUMPTION
AGREEMENT FOR CB&I ENVIRONMENTAL & INFRASTRUCTURE, INC.
TO APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC.
Recommendation: Motion to approve a Consent to Assignment and Assumption Agreement
from CB&I Environmental & Infrastructure, Inc. to Aptim Environmental &
Infrastructure, Inc.
Sponsors: Public Works Department - Programs & Project Management
Attachments: Agenda Cover Memo
PL Updated to Aptim_Exp. 06-18.pdf
Master AGMT 8.26.15.pdf
Consent to Assignment signed by Aptim.pdf
CGL Updated to Aptim_Exp. 06-18.pdf
approved
6.C. 18-109 CHANGE ORDER NO. 1 TO RFQ NO. 2017-032 TO BAXTER &
WOODMAN, INC. DBA MATHEWS CONSULTING, A BAXTER &
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WOODMAN COMPANY, TO ADD THE DESIGN OF A RECLAIMED
WATERMAIN TO THE SW 4TH STREET, SW 6TH STREET AND SW
7TH AVENUE PROJECT IN A NOT-TO-EXCEED AMOUNT OF $48,988.
Recommendation: Motion to approve the Change Order No. 1 to RFQ No. 2017-032 to Baxter
& Woodman, Inc. DBA Mathews Consulting, a Baxter & Woodman
Company, to add the design of a reclaimed watermain to the SW 4th
Street, SW 6th Street and SW 7th Avenue project in a not-to-exceed
amount of $48,988.
Sponsors: Public Works Department - Programs & Project Management
Attachments: Agenda Cover Memo
Executed Agreement.pdf
Service Authorization RV.pdf
CHANGE ORDER1.doc
approved
6.D. 18-115 REVOCABLE LICENSE AGREEMENT WITH THE DOWNTOWN
DEVELOPMENT AUTHORITY (DDA) TO USE THE DELRAY BEACH
VISITOR INFORMATION CENTER
Recommendation: Motion to approve a Revocable License Agreement with the Downtown
Development Authority (DDA) to use of the Delray Beach Visitor
Information Center to provide information about downtown business and
programs to visitors and residents of the City.
Sponsors: Public Works Department - Programs & Project Management
Attachments: Agenda Cover Memo
Revocable license agreement Visitor Center final with ex A.pdf
Legal Review Checklist Revocable License Agreement with DDA for
visitor center.pdf
approved
6.E. 17-898 AMENDMENT 3 TO THE AGREEMENT BETWEEN THE CITY OF THE
DELRAY BEACH AND PLAYERS INTERNATIONAL MANAGEMENT,
INC.
Recommendation: Recommended Action:
Motion to approve Amendment 3 to the Agreement between the City of
Delray Beach and Players International Management, Inc.
Sponsors: Parks & Recreation Department
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Attachments: Agenda Cover Memo
Legal Review Checklist PIM amendment No. 3 1-25-18
Amendment 3 to the PIM Agremment - 2-6-18
Amendment 1 Amendment 2 Original PIM Agreement
2018 PIM Event overview
2018 Delray Beach Economic_USTA_ITF Events_ (002)
approved
6.F. 18-052 INTERLOCAL AGREEMENT - 2018 PALM BEACH COUNTY
DROWNING PREVENTION COALITION LEARN TO SWIM
REIMBURSEMENT PROGRAM
Recommendation: Motion to enter into an Interlocal Agreement with the Palm Beach County
Drowning Prevention Coalition (“DPC”) for payment of swimming classes
to the City of Delray Beach, FL (“City,”) for the provision of swimming
classes/lessons to individuals who present vouchers issued by the DPC
Learn to Swim Program.
Sponsors: Parks & Recreation Department
Attachments: Agenda Cover Memo
Legal Checklist and Agreement - Drowning Prevention
approved
6.G. 17-956 APPROVAL OF FISCAL YEAR 2018 SPENDING GREATER THAN
$65,000 WITH CANON SOLUTIONS AMERICA INC FOR
REPLACEMENT, MAINTENANCE, AND REPAIRS OF MULTIFUNCTION
DEVICES (COPIERS) AND AUTHORIZE FUTURE PURCHASES
THROUGH RESOLUTION NO. 13-18.
Recommendation: Recommended Action:
Motion for retroactive approval of $103,000 for Fiscal Year 2017 and to
approve future payment to Canon Solutions America, Inc. for replacement,
maintenance, and repairs of multifunction devices in an amount not to
exceed $200,000 per fiscal year, and to authorize the City of Delray Beach
(City) Manager to exercise any and all renewal options through Resolution
No. 13-18.
Sponsors: IT Department
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Attachments: Agenda Cover Memo
FLStateCopierContract-11-29-17
DelrayPrintLeases-1-16-18
Delray Report for FY16-17
Resolution 13-18 Canon copy leases
approved
6.H. 18-050 THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT WITH PALM
BEACH COUNTY FOR FIBER TRANSPORTATION
Recommendation: Recommended Action:
Motion to Approve the modification to the Interlocal Agreement
(Agreement) between the City of Delray Beach (City) and Palm Beach
County which allows Palm Beach County to provide, and the City of Delray
Beach to use, leased Multi-Protocol Label Switching (MPLS) and transport
fiber between the City and the Disaster Recovery site at the Northwest
Regional Data Center in Tallahassee, Florida. Item #4, Exhibit A, Section
N of this agreement terminates the previous 5Gb data connection with the
GoRACK Data Center in Jacksonville, Florida and increases the internet
connection at City Hall from 50Mb to 1Gb.
Sponsors: IT Department
Attachments: Agenda Cover Memo
Delray Beach Second Amendment
Delray Beach Third Amendment
Palm Beach County Agenda Item for City of Delray R2014-1963
12-16-14 (2)
Legal Review Checklist Amendment No. 3 for ILA for PBC for fiber
transportation
approved
6.I. 18-098 TERMINATION AND ACCEPTANCE OF WATER MAIN EASEMENT
DEED GRANTED BY WALMART STORES EAST, LP
Recommendation: Motion to Terminate and Accept a Water Main Easement granted by
Walmart Stores East, LP for the Walmart Liquor Box Store Expansion
project at 16205 S. Military Trail.
Sponsors: City Attorney Department
Attachments: Agenda Cover Memo
Water Main Easement Deed
Termination of Water Main Easement Deed
16205 South Military Trail Location Map
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approved
6.J. PROCLAMATIONS:
6.J.1. 18-125
Sponsors: City Clerk Department
Attachments: Agenda Cover Memo
Frank Varga Proclamation
approved
6.J.2. 17-972 EATING DISORDERS AWARENESS WEEK
Sponsors: City Clerk Department
Attachments: Agenda Cover Memo
Proclamation for State of FL EDAW 2018
approved
6.K. 18-074 REPORT OF APPEALABLE LAND USE ITEMS FROM DECEMBER 21,
2017 THROUGH JANUARY 19, 2018
Recommendation: By motion, receive and file this report.
Sponsors: Planning & Zoning Department
Attachments: Agenda Cover Memo
City Commission Map 02-20-18.pdf
A. Delray Verana
B. 234 Warehouse Renovation
C. Delray 7 Townhomes
D. 50 SE 4th Avenue
E. 232 SE 7th Avenue
approved
6.L. AWARD OF BIDS AND CONTRACTS:
6.L.1. 18-096 AWARD OF AN AGREEMENT BETWEEN THE CITY OF DELRAY
BEACH AND SOUTHEASTERN ENGINEERING CONTRACTORS, INC.
FOR MASTER LIFT STATION NO. 1 REHABILITATION (PROJECT NO.
16-030) IN A NOT-TO-EXCEED AMOUNT OF $1,323,689.
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Recommendation: Motion to award an Agreement with Southeastern Engineering
Contractors, Inc. for Master Lift Station No. 1 Rehabilitation (Project No.
16-030) in a total not-to-exceed amount of $1,323,689.
Sponsors: Public Works Department - Programs & Project Management
Attachments: Agenda Cover Memo
2018-004 Delray MLS No.1 Bid Recommendation.pdf
2018-004 Due Diligence1.xls
MASTER LIFT STATION NO.1 REHAB S.E.C. Proposal (2).pdf
Legal Review Checklist form v. 4 Agreement with Southeasten
Engineering ....pdf
2018-004 signed agreement
approved
7. REGULAR AGENDA:
7.A. 18-076 REQUEST OF A WAIVER FROM LDR SECTION 4.3.3(ZB)(6)
REQUIRING A MINIMUM SEPARATION OF 750’ FROM PROPERTY LINE
TO PROPERTY LINE FOR A TATTOO ESTABLISHMENT, SOLID IMAGE
TATTOO CO LOCATED AT 306 NE 4TH ST. (QUASI-JUDICIAL
HEARING)
Recommendation: Motion to approve the waiver to LDR section 4.3.3(ZB)(6) requiring a
minimum 750 ft. separation for a tattoo establishment, Solid Image Tattoo
Co. located at 306 NE 4th St.
Sponsors: Planning & Zoning Department
Attachments: Agenda Cover Memo
306 NE 4th St Board Order
Justification letter
Distance Map
Vatican Tattoo_325 NE 2nd Avenue
Katerri Johnson, City Clerk, swore in the applicants.
Tim Stillings gave an overview of this item. The applicant is requesting a
waiver from LDR Section 4.3.3.(ZB) (6) requiring a minimum separation of
750' from property line to property line for a tattoo establishment, Solid
Image Tattoo located at 306 N.E. 4th Street.
Mayor Glickstein opened the meeting up for public comment, hearing none
the public portion was closed.
Laura Simon, Director of the Downtown Development District stated that
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this came before the committee last week and they did not see a problem
with the Tattoo Parlor application.
Mayor Glickstein is not in favor of this establishment due to the inquiries he
has made with the other tenants at this location.
Mr. Lohman, City Attorney read the Board Order.
Commissioner Katz made a motion to deny. It was seconded by Vice
Mayor Chard. A Roll Call vote was taken and all were in favor to deny. The
motion carried 5-0.
denied
7.B. 18-110 OSTERIA BOSSI, LOCATED AT 32 E. ATLANTIC AVENUE, IN LIEU OF
PARKING FEE REQUEST FOR 2 SPACES (QUASI-JUDICIAL
HEARING)
Recommendation: Motion to approve the in lieu of parking fee request in the amount of
$47,320 for 2 parking spaces for Osteria Bossi, located at 32 E. Atlantic
Avenue, by adopting the findings of fact and law contained in the staff
report, and finding that the request is consistent with the Comprehensive
Plan and meets the criteria set forth in Section 4.6.9(E) of the Land
Development Regulations, subject to the condition that full payment be paid
upon issuance of a building permit.
Sponsors: Planning & Zoning Department
Attachments: Agenda Cover Memo
1740 - A101 SITE PLAN-A-101
2018-02-20-Board Order-In Lieu Parking-32 E Atlantic Ave
Tim Stillings from the Planning Department introduced the item. Osteria
Bossi, located at 32 E. Atlantic Avenue in lieu of parking fee request for 2
spaces.
Jose Torres of Slattery & Associates who represent Osteria Bossi gave a
power point presentation.
Mayor Glickstein opened the meeting for public comment on this item.
Hearing none, he closed the public portion of the meeting.
Mr. Lohman, City Attorney read the Board Order.
Commissioner Petrolia made a motion to approve the Board Order. It was
seconded by Vice Mayor Chard. A Roll Call vote was taken and all were in
favor. The motion carried 5-0.
approved
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7.C. 18-122 NOMINATION FOR APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD
Recommendation: Recommend nomination for appointment for one (1) regular member
(Citizen-at-Large) to serve on the Parking Management Advisory Board for
an unexpired term ending July 31, 2019.
Sponsors: City Clerk Department
Attachments: Agenda Cover Memo
Exhibit A
Parking Management Advisory Board Member List
Parking Management Advisory Board Attendance List
Vice Mayor Chard made a nomination of Caroline Osherow for the
appointment to the Parking Management Advisory Board. It was seconded
by Commissioner Petrolia. A Roll Call vote was taken and all were in favor.
The motion carried 5-0.
approved
7.D. 18-105 AWARD OF AN AGREEMENT WITH UNIVERSAL BEACH SERVICES
CORP FOR BEACH CLEANING MAINTENANCE AND BEAUTIFICATION
SERVICES IN A NOT-TO-EXCEED AMOUNT OF $79,000
Recommendation: Motion to award a (3) three year Agreement with Universal Beach Services
Corp. for Beach Cleaning Maintenance And Beautification Services in a
total amount not to exceed amount of $237,000 for the Agreement term
and authorize the City Manager to exercise any and all renewal options.
Sponsors: Parks & Recreation Department
Attachments: Agenda Cover Memo
RFP NO 2018-020 Universal Beach Services - Additional Information
Universal Beach Service Corp_Proposal RFP 2018-020
2018-020 - Submittal Log
2018-020 - RFP Due Diligence
2018-020- Client Reference Check Summary
Copy of 2018-020 - RFP Scoring Summary
Legal Review Checklist form v. 4 Universal Beach Services Corp
2018-020 signed agreement
approved
8. PUBLIC HEARINGS:
8.A. 18-083 RESOLUTION NO. 11-18, CONTRACT FOR SALE AND PURCHASE
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BETWEEN WILLIAM BONNER AND THE CITY (PUBLIC HEARING)
Recommendation: Motion to approve Resolution No. 11-18.
Sponsors: City Attorney Department
Attachments: Agenda Cover Memo
Resolution No. 11-18
Mr. Lohman, City Attorney, explained the sale of a vacant lot that was listed
on the city's surplus property list. The buyer will be responsible to pay the
numerous liens on the property. The fee is $46,000 minus the real estate
brokerage commission. The city is transferring title via a Quit Claim deed.
Mayor Glickstein opened the meeting up for public comment, hearing none,
he closed the public portion.
Vice Mayor Chard had a question regarding the price. Mr. Lohman stated
the broker gave the city an appraisal for the lot and used comparables in
determining price.
Commissioner Petrolia made a motion to approve this item. It was
seconded by Vice Mayor Chard. A Roll Call vote was taken and all were in
favor. The motion carried 5-0.
approved
8.B. 18-104
Recommendation: Motion to approve Ordinance 03-18 amending Chapter 37 to conform to
the requirements of Chapter 162, Fla. Stat. and allowing the City Manager
to appoint a Code Enforcement Board attorney.
Sponsors: City Attorney Department
Attachments: Agenda Cover Memo
Ord 03-18 Revising Chapter 37 Code Enforcement.docx
Ord. 03-18 Exhibit A.docx
Mr. Lohman, City Attorney, read the Ordinance on second reading.
Ordinance No. 3-18 an ordinance of the City Commission of the City of
Delray Beach, amending Chapter 37, "Delray Beach Code Enforcement
General Provisions", by repealing Sections 37.01 through 37.46 and
readopting same.
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Mayor Glickstein opened the meeting up for public comment. Hearing
none, he closed the public portion.
Vice Mayor Chard made a motion to approve Ordinance No. 3-18 upon
second reading. It was seconded by Commissioner Petrolia. A Roll Call
vote was taken and all were in favor. The motion carried 5-0.
adopted
9. FIRST READINGS:
9.A. 18-079 ORDINANCE NO. 02-18: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING CHAPTER 4, “ZONING REGULATIONS”, ARTICLE 4.4,
“BASE ZONING DISTRICT”, SECTION 4.4.13, “CENTRAL BUSINESS
DISTRICT (CBD)”, BY ADDING SUBSECTION 4.4.13(I)(2)(j) “CBD
PARKING STANDARDS”, “MINIMUM NUMBER OF OFF-STREET
PARKING SPACES” TO NOT REQUIRE ADDITIONAL PARKING FOR
CHANGES IN USE IN EXISTING BUILDINGS WITHIN THE CBD
RAILROAD CORRIDOR SUB-DISTRICT LYING SOUTH OF SE 2ND
STREET, PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE
DATE (FIRST READING)
Recommendation: Approve Ordinance No. 02-18 on First Reading for the amendments
to Land Development Regulations as specified in attached
Ordinance No. 02-18, as presented.
Sponsors: Planning & Zoning Department
Attachments: Agenda Cover Memo
Ord. No. 02-18
P&Z Board Staff Report
Mr. Lohman, City Attorney, read the Ordinance by title on first reading. Mr.
Stillings, Planning Department gave a presentation on the ordinance and
it's location in the city. Ordinance No. 02-18 an ordinance of the City
Commission amending the Land Development Regulations of the Code of
Ordinances, by amending Chapter 4, "Zoning Regulations", Article 4.4
"Base Zoning District".
Commissioner Petrolia was not in favor of this ordinance due to the
parking problems it would create. Deputy Vice Mayor Johnson agrees with
Commissioner Petrolia.
Commissioner Katz made a motion to approve Ordinance No. 02-18 on
first reading. It was seconded by Vice Mayor Chard. A Roll Call vote was
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taken. Deputy Vice Mayor Johnson- yes Mayor Glickstein- yes
Commissioner Petrolia- no Vice Mayor Chard- yes Commissioner Katz-
yes. The motion carried 4-1.
approved on first reading
10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
10.A. City Manager
No comment.
10.B. City Attorney
No commnent.
10.C. City Commission
Vice Mayor Chard spoke about the rally against violence and
commended the Mayor on his speech. He reported that the students
are planning to march on Washington, DC on March 24, 2018. He
questioned if there was an amount not to exceed on the consent
agenda and Mr. Lohman stated that there was not an amount to
exceed.
Commissioner Petrolia commended the Mayor as well for his speech at
the rally against violence. She had a question regarding an illuminated
sign for a tattoo parlor. Mr. Stillings stated that the sign ordinance
needs updating.
Commissioner Petrolia stated that there was misinformation out there
that said she wanted to dismantle the Tennis Center.
Deputy Vice Mayor Johnson mentioned an address of 355 N.W. 8th
Avenue and the corner of N.W. 4th Street that has a fence that it is a
safety hazard. She stated that you have to drive out in the street to see
around the fence. The property also has an above ground pool with no
fencing surrounding it.
Commissioner Katz sent his condolences to the Canning family. He
also thanked the Mayor who spoke at the rally against violence.
Commissioner Katz's son raised money for the "No Place For Hate" at
the Atlantic High School fundraiser. He also attended the Coalition on
Neighborhood Alliance Meeting where they were handing out door tags
that said "Community Improvement" and that they were endorsing
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candidates.
Deputy Vice Mayor Johnson stated she also attended the meeting and
thanked the Downtown Development Agency for their presentation.
Mayor Glickstein thanked Commissioner Katz for him recognizing
Vince Canning and condolences to the Dankler family. He would like to
pass a resolution on the subject of school violence before his term
ends.
Mayor Glickstein reported that the Delray Beach Open tennis
tournament costs the taxpayers of this city approximately 1.6 million
dollars every year. The City staff also provides inkind services which
totals approximately three hundred and fifty thousand dollars per year.
There is also a Match Point Championship event that costs the
taxpayers another four hundred and twenty thousand dollars. He stated
that there are deed restrictions on the property to allow for tennis only,
and that there is a twenty-five year contract in place.
There being no further business, Mayor Glickstein adjourned the
Regular Commission Meeting at 9:05 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, February 20, 2018
Commission Chambers
Delray Beach City Hall
City Commission
Mayor Cary Glickstein
Vice Mayor Jim Chard
Deputy Vice Mayor Shirley Ervin Johnson
Commissioner Shelly Petrolia
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 February 20, 2018
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. AGENDA APPROVAL
4. PRESENTATIONS:
4.A. RESOLUTION NO. 02-18 RECOGNIZING MARGO MURPHY FOR 30 YEARS OF
SERVICE
Recommendation: Motion to Approve Resolution No. 02-18 honoring Margo Murphy for 30
years of service.
Sponsors: Human Resources Department
Attachments: Agenda Cover Memo
Resolution 02-18 Margo Murphy
4.B. 211 AWARENESS MONTH PRESENTATION & PROCLAMATION
Sponsors: City Clerk Department
Attachments: Agenda Cover Memo
211 Awareness Delray
4.C. DOWNTOWN DELRAY BEACH SHOPABILITY ANALYSIS PRESENTED BY GIBBS
PLANNING GROUP
Recommendation: No recommendation required. Presentation by Gibbs Planning Group only.
Sponsors: City Clerk Department
Attachments: Agenda Cover Memo
City Commission Meeting 2.20.18 Memo - Downtown Shop Ability Study Presentation by Robert Gibbs
Delray Shopability Feb 2018 City Council
4.D. CRA MONTHLY REPORT - JANUARY 2018
Recommendation: No action required. CRA Board Update only.
Sponsors: Community Redevelopment Agency
Attachments: Agenda Cover Memo
CRA ED Memo Project Updates January - 2-7-18
7B Financial Rpt Dec
7C Monthly Work Plan January
5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS:
5.A. City Manager’s response to prior public comments and inquiries
City of Delray Beach Page 3 Printed on 2/21/2018
City Commission Regular Commission Meeting February 20, 2018
5.B. From the Public
6. CONSENT AGENDA: City Manager Recommends Approval
6.A. APPROVE STAFF PREPARATION AND SUBMITTAL OF THREE GRANT
APPLICATIONS AS PART OF THE LOCAL INITIATIVES (LI) PROGRAM AND
TRANSPORTATION ALTERNATIVES (TA) PROGRAM FOR PROJECTS TO BE
SUBMITTED TO THE PALM BEACH TRANSPORTATION PLANNING AGENCY (TPA)
FOR APPROVAL DURING FISCAL YEAR 2018.
Recommendation: Motion to allow City staff to proceed with the submittal of the grant
applications for Linton Boulevard (US 1 to A1A) and SW Germantown (S
Congress Ave to Old Germantown Road, Orchard View Elementary
School) for the Local Initiatives Program, and Carl Bolter Drive (Lindell
Boulevard to Avocet Road) for the Transportation Alternatives Program.
Sponsors: Public Works Department
Attachments: Agenda Cover Memo
80' and 60' ROW Typical Proposed Design
TABLE PROJECT NAME AND LIMITS.docx
6.B. APPROVAL OF A CONSENT TO ASSIGNMENT AND ASSUMPTION AGREEMENT
FOR CB&I ENVIRONMENTAL & INFRASTRUCTURE, INC. TO APTIM
ENVIRONMENTAL & INFRASTRUCTURE, INC.
Recommendation: Motion to approve a Consent to Assignment and Assumption Agreement
from CB&I Environmental & Infrastructure, Inc. to Aptim Environmental &
Infrastructure, Inc.
Sponsors: Public Works Department - Programs & Project Management
Attachments: Agenda Cover Memo
PL Updated to Aptim_Exp. 06-18.pdf
Master AGMT 8.26.15.pdf
Consent to Assignment signed by Aptim.pdf
CGL Updated to Aptim_Exp. 06-18.pdf
6.C. CHANGE ORDER NO. 1 TO RFQ NO. 2017-032 TO BAXTER & WOODMAN, INC. DBA
MATHEWS CONSULTING, A BAXTER & WOODMAN COMPANY, TO ADD THE
DESIGN OF A RECLAIMED WATERMAIN TO THE SW 4TH STREET, SW 6TH STREET
AND SW 7TH AVENUE PROJECT IN A NOT-TO-EXCEED AMOUNT OF $48,988.
Recommendation: Motion to approve the Change Order No. 1 to RFQ No. 2017-032 to Baxter
& Woodman, Inc. DBA Mathews Consulting, a Baxter & Woodman
Company, to add the design of a reclaimed watermain to the SW 4th
Street, SW 6th Street and SW 7th Avenue project in a not-to-exceed
amount of $48,988.
Sponsors: Public Works Department - Programs & Project Management
City of Delray Beach Page 4 Printed on 2/21/2018
City Commission Regular Commission Meeting February 20, 2018
Attachments: Agenda Cover Memo
Executed Agreement.pdf
Service Authorization RV.pdf
CHANGE ORDER1.doc
6.D. REVOCABLE LICENSE AGREEMENT WITH THE DOWNTOWN DEVELOPMENT
AUTHORITY (DDA) TO USE THE DELRAY BEACH VISITOR INFORMATION CENTER
Recommendation: Motion to approve a Revocable License Agreement with the Downtown
Development Authority (DDA) to use of the Delray Beach Visitor
Information Center to provide information about downtown business and
programs to visitors and residents of the City.
Sponsors: Public Works Department - Programs & Project Management
Attachments: Agenda Cover Memo
Revocable license agreement Visitor Center final with ex A.pdf
Legal Review Checklist Revocable License Agreement with DDA for visitor center.pdf
6.E. AMENDMENT 3 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH
AND PLAYERS INTERNATIOINAL MANAGEMENT, INC.
Recommendation: Recommended Action:
Motion to approve Amendment 3 to the Agreement between the City of
Delray Beach and Players International Management, Inc.
Sponsors: Parks & Recreation Department
Attachments: Agenda Cover Memo
Legal Review Checklist PIM amendment No. 3 1-25-18
Amendment 3 to the PIM Agremment - 2-6-18
Amendment 1 Amendment 2 Original PIM Agreement
2018 PIM Event overview
2018 Delray Beach Economic_USTA_ITF Events_ (002)
6.F. INTERLOCAL AGREEMENT - 2018 PALM BEACH COUNTY DROWNING
PREVENTION COALITION LEARN TO SWIM REIMBURSEMENT PROGRAM
Recommendation: Motion to enter into an Interlocal Agreement with the Palm Beach County
Drowning Prevention Coalition (“DPC”) for payment of swimming classes
to the City of Delray Beach, FL (“City,”) for the provision of swimming
classes/lessons to individuals who present vouchers issued by the DPC
Learn to Swim Program.
Sponsors: Parks & Recreation Department
Attachments: Agenda Cover Memo
Legal Checklist and Agreement - Drowning Prevention
6.G. APPROVAL OF FISCAL YEAR 2018 SPENDING GREATER THAN $65,000 WITH
CANON SOLUTIONS AMERICA INC FOR REPLACEMENT, MAINTENANCE, AND
REPAIRS OF MULTIFUNCTION DEVICES (COPIERS) AND AUTHORIZE FUTURE
City of Delray Beach Page 5 Printed on 2/21/2018
City Commission Regular Commission Meeting February 20, 2018
PURCHASES THROUGH RESOLUTION NO. 13-18.
Recommendation: Recommended Action:
Motion for retroactive approval of $103,000 for Fiscal Year 2017 and to
approve future payment to Canon Solutions America, Inc. for replacement,
maintenance, and repairs of multifunction devices in an amount not to
exceed $200,000 per fiscal year, and to authorize the City of Delray Beach
(City) Manager to exercise any and all renewal options through Resolution
No. 13-18.
Sponsors: IT Department
Attachments: Agenda Cover Memo
FLStateCopierContract-11-29-17
DelrayPrintLeases-1-16-18
Delray Report for FY16-17
Resolution 13-18 Canon copy leases
6.H. THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT WITH PALM BEACH
COUNTY FOR FIBER TRANSPORTATION
Recommendation: Recommended Action:
Motion to Approve the modification to the Interlocal Agreement
(Agreement) between the City of Delray Beach (City) and Palm Beach
County which allows Palm Beach County to provide, and the City of Delray
Beach to use, leased Multi-Protocol Label Switching (MPLS) and transport
fiber between the City and the Disaster Recovery site at the Northwest
Regional Data Center in Tallahassee, Florida. Item #4, Exhibit A, Section
N of this agreement terminates the previous 5Gb data connection with the
GoRACK Data Center in Jacksonville, Florida and increases the internet
connection at City Hall from 50Mb to 1Gb.
Sponsors: IT Department
Attachments: Agenda Cover Memo
Delray Beach Second Amendment
Delray Beach Third Amendment
Palm Beach County Agenda Item for City of Delray R2014-1963 12-16-14 (2)
Legal Review Checklist Amendment No. 3 for ILA for PBC for fiber transportation
6.I. TERMINATION AND ACCEPTANCE OF WATER MAIN EASEMENT DEED GRANTED
BY WALMART STORES EAST, LP
Recommendation: Motion to Terminate and Accept a Water Main Easement granted by
Walmart Stores East, LP for the Walmart Liquor Box Store Expansion
project at 16205 S. Military Trail.
Sponsors: City Attorney Department
City of Delray Beach Page 6 Printed on 2/21/2018
City Commission Regular Commission Meeting February 20, 2018
Attachments: Agenda Cover Memo
Water Main Easement Deed
Termination of Water Main Easement Deed
16205 South Military Trail Location Map
6.J. PROCLAMATIONS:
6.J.1. PROCLAMATION IN RECOGNITION OF MR. FRANK VARGA FOR HIS LIFE'S WORK IN
PUBLIC AND PRIVATE ART
Sponsors: City Clerk Department
Attachments: Agenda Cover Memo
Frank Varga Proclamation
6.J.2. EATING DISORDERS AWARENESS WEEK
Sponsors: City Clerk Department
Attachments: Agenda Cover Memo
Proclamation for State of FL EDAW 2018
6.K. REPORT OF APPEALABLE LAND USE ITEMS FROM DECEMBER 21, 2017
THROUGH JANUARY 19, 2018
Recommendation: By motion, receive and file this report.
Sponsors: Planning & Zoning Department
Attachments: Agenda Cover Memo
City Commission Map 02-20-18.pdf
A. Delray Verana
B. 234 Warehouse Renovation
C. Delray 7 Townhomes
D. 50 SE 4th Avenue
E. 232 SE 7th Avenue
6.L. AWARD OF BIDS AND CONTRACTS:
6.L.1. AWARD OF AN AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND
SOUTHEASTERN ENGINEERING CONTRACTORS, INC. FOR MASTER LIFT STATION
NO. 1 REHABILITATION (PROJECT NO. 16-030) IN A NOT-TO-EXCEED AMOUNT OF
$1,323,689.
Recommendation: Motion to award an Agreement with Southeastern Engineering
Contractors, Inc. for Master Lift Station No. 1 Rehabilitation (Project No.
16-030) in a total not-to-exceed amount of $1,323,689.
Sponsors: Public Works Department - Programs & Project Management
City of Delray Beach Page 7 Printed on 2/21/2018
City Commission Regular Commission Meeting February 20, 2018
Attachments: Agenda Cover Memo
2018-004 Delray MLS No.1 Bid Recommendation.pdf
2018-004 Due Diligence1.xls
MASTER LIFT STATION NO.1 REHAB S.E.C. Proposal (2).pdf
Legal Review Checklist form v. 4 Agreement with Southeasten Engineering ....pdf
2018-004 signed agreement
7. REGULAR AGENDA:
7.A. REQUEST OF A WAIVER FROM LDR SECTION 4.3.3(ZB)(6) REQUIRING A MINIMUM
SEPARATION OF 750’ FROM PROPERTY LINE TO PROPERTY LINE FOR A TATTOO
ESTABLISHMENT, SOLID IMAGE TATTOO CO LOCATED AT 306 NE 4TH ST.
(QUASI-JUDICIAL HEARING)
Recommendation: Motion to approve the waiver to LDR section 4.3.3(ZB)(6) requiring a
minimum 750 ft. separation for a tattoo establishment, Solid Image Tattoo
Co. located at 306 NE 4th St.
Sponsors: Planning & Zoning Department
Attachments: Agenda Cover Memo
306 NE 4th St Board Order
Justification letter
Distance Map
Vatican Tattoo_325 NE 2nd Avenue
7.B. OSTERIA BOSSI, LOCATED AT 32 E. ATLANTIC AVENUE, IN LIEU OF PARKING FEE
REQUEST FOR 2 SPACES (QUASI-JUDICIAL HEARING)
Recommendation: Motion to approve the in lieu of parking fee request in the amount of
$47,320 for 2 parking spaces for Osteria Bossi, located at 32 E. Atlantic
Avenue, by adopting the findings of fact and law contained in the staff
report, and finding that the request is consistent with the Comprehensive
Plan and meets the criteria set forth in Section 4.6.9(E) of the Land
Development Regulations, subject to the condition that full payment be paid
upon issuance of a building permit.
Sponsors: Planning & Zoning Department
Attachments: Agenda Cover Memo
1740 - A101 SITE PLAN-A-101
2018-02-20-Board Order-In Lieu Parking-32 E Atlantic Ave
7.C. NOMINATION FOR APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
BOARD
Recommendation: Recommend nomination for appointment for one (1) regular member
(Citizen-at-Large) to serve on the Parking Management Advisory Board for
an unexpired term ending July 31, 2019.
Sponsors: City Clerk Department
City of Delray Beach Page 8 Printed on 2/21/2018
City Commission Regular Commission Meeting February 20, 2018
Attachments: Agenda Cover Memo
Exhibit A
Parking Management Advisory Board Member List
Parking Management Advisory Board Attendance List
7.D. AWARD OF AN AGREEMENT WITH UNIVERSAL BEACH SERVICES CORP FOR
BEACH CLEANING MAINTENANCE AND BEAUTIFICATION SERVICES IN A
NOT-TO-EXCEED AMOUNT OF $79,000
Recommendation: Motion to award a (3) three year Agreement with Universal Beach Services
Corp. for Beach Cleaning Maintenance And Beautification Services in a
total amount not to exceed amount of $237,000 for the Agreement term
and authorize the City Manager to exercise any and all renewal options.
Sponsors: Parks & Recreation Department
Attachments: Agenda Cover Memo
RFP NO 2018-020 Universal Beach Services - Additional Information
Universal Beach Service Corp_Proposal RFP 2018-020
2018-020 - Submittal Log
2018-020 - RFP Due Diligence
2018-020- Client Reference Check Summary
Copy of 2018-020 - RFP Scoring Summary
Legal Review Checklist form v. 4 Universal Beach Services Corp
2018-020 signed agreement
8. PUBLIC HEARINGS:
8.A. RESOLUTION NO. 11-18, CONTRACT FOR SALE AND PURCHASE BETWEEN
WILLIAM BONNER AND THE CITY (PUBLIC HEARING)
Recommendation: Motion to approve Resolution No. 11-18.
Sponsors: City Attorney Department
Attachments: Agenda Cover Memo
Resolution No. 11-18
8.B. ORDINANCE NO. 03-18: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, “DELRAY BEACH CODE
ENFORCEMENT GENERAL PROVISIONS”, BY REPEALING SECTIONS 37.01
THROUGH 37.46 AND READOPTING SAME, AS REVISED IN ORDER TO AMEND
AND REVISE THE CITY’S CODE ENFORCEMENT PROCEDURES IN ACCORDANCE
WITH CHAPTER 162, FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
DATE AND FOR OTHER PURPOSES (SECOND READING)
Recommendation: Motion to approve Ordinance 03-18 amending Chapter 37 to conform to
the requirements of Chapter 162, Fla. Stat. and allowing the City Manager
to appoint a Code Enforcement Board attorney.
City of Delray Beach Page 9 Printed on 2/21/2018
City Commission Regular Commission Meeting February 20, 2018
Sponsors: City Attorney Department
Attachments: Agenda Cover Memo
Ord 03-18 Revising Chapter 37 Code Enforcement.docx
Ord. 03-18 Exhibit A.docx
9. FIRST READINGS:
9.A. ORDINANCE NO. 02-18: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING CHAPTER 4,
“ZONING REGULATIONS”, ARTICLE 4.4, “BASE ZONING DISTRICT”, SECTION 4.4.13,
“CENTRAL BUSINESS DISTRICT (CBD)”, BY ADDING SUBSECTION 4.4.13(I)(2)(j)
“CBD PARKING STANDARDS”, “MINIMUM NUMBER OF OFF-STREET PARKING
SPACES” TO NOT REQUIRE ADDITIONAL PARKING FOR CHANGES IN USE IN
EXISTING BUILDINGS WITHIN THE CBD RAILROAD CORRIDOR SUB-DISTRICT
LYING SOUTH OF SE 2ND STREET, PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE
DATE (FIRST READING)
Recommendation: Approve Ordinance No. 02-18 on First Reading for the
amendments to Land Development Regulations as specified in
attached Ordinance No. 02-18, as presented.
Sponsors: Planning & Zoning Department
Attachments: Agenda Cover Memo
Ord. No. 02-18
P&Z Board Staff Report
10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
10.A. City Manager
10.B. City Attorney
10.C. City Commission
City of Delray Beach Page 10 Printed on 2/21/2018
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