08-20-13 Regular Commission MinutesAUGUST 20, 2013
A 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., Tuesday, August 20, 2013.
1. Roll call showed:
Present - Commissioner Shelly Petrolia
Commissioner Alson Jacquet
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Cary Glickstein
Absent - None
Also present were - Louie Chapman, Jr., City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Kathleen Gannon with St.
Paul's Episcopal Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. APPROVAL OF MINUTES:
None.
5. PRESENTATIONS:
S.A. FEC Railroad Overview — Kim Delaney, Ph.D., Strategic
Development Coordinator
Kim Delaney, Ph.D., Strategic Development Coordinator, Treasure
Coast Regional Planning Council, gave a brief overview and PowerPoint presentation
as to the various rail projects that are on the horizon in the region.
Mayor Glickstein stated many cities that are affected by this are not
benefitting from the high -speed rail in particular Delray Beach. He stated residents are
driving either north to West Palm Beach or south to Boca Raton to utilize that high -speed
rail. Mayor Glickstein stated it is going to be a major inconvenience in addition to the
additional noise. Ms. Delaney stated in their discussions FEC is very sensitive to the
public relations implications of this project that is a regional benefit in nature but it is not
direct to the municipality. There are many communities that are looking for a benefit that
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is a regional benefit in nature versus the cost to maintain the grade crossings. She stated
they are in dialogue with the Department of Transportation looking for State dollars with
the Federal Railroad Administration looking for Federal dollars and FEC directly looking
for private help to figure out a package of funding that could begin to break down some
of those costs. Ms. Delaney stated each grade crossing has its own agreement and most
of them shift all of the costs to the locals as well as the maintenance for those crossings
and shifts the responsibility away from the FEC to keep them open. Ms. Delaney stated
everyone will be working together for the next couple of months to figure out what the
financial impact could be and noted this is a primary task they have as they are trying to
assist the MPO in its discussions.
Mrs. Gray asked which railroad track this would be in the core downtown.
Ms. Delaney stated it would be the FEC line downtown. She stated she is concerned over
the amount of trains and cargo that comes through now and with the passenger train
coming as well she feels people will not be able to cross the railroad tracks. Ms. Delaney
stated passenger trains are less than 1,000 feet and clear the intersections in about 45
seconds (one light cycle); freight traffic is larger, heavier, and takes longer to get through
the intersection; the passenger trains are shorter, lighter, and faster (up to 79 mph); a
freight train does not move faster than 45 mph. Ms. Delaney stated the standard
condition where freight and passenger rail share the same track which is on the CSX
corridor and what is proposed on FEC corridor requires a certain level of safety
improvements. Ms. Delaney stated FEC proposes up to 79 mph from Miami to West
Palm Beach; up to 110 mph from West Palm Beach to Cocoa; 125 mph from Cocoa to
Orlando; and Class 6 railroad requires a substantial increase in the infrastructure at those
grade crossings.
Mrs. Petrolia inquired about the timing of the freight trains versus the
timing of the passenger trains. Ms. Delaney stated what FEC has indicated that they plan
to run the express service from 6:00 a.m. -- 9:00 p.m. but there is enough capacity for
them to continue to run the freight service and they are adding a second track. In
addition, Ms. Delaney stated they have also indicated publicly in meetings that they have
no plans to ship their freight service into the evening hours. She stated there are two rail
projects; Northwood — West Palm Beach and the Port of Miami. Ms. Delaney stated
these two connections are designed to help freight get off the east coast over to the CSX.
Mrs. Petrolia stated all of this is coming through the center of town and every time a train
comes through whether it is coming through together or not the bars are going down and
the traffic is backing up.
Mr. Jacquet stated the City may be able to speak with FDOT and All
Aboard to relieve the City's cost. Ms. Delaney stated they have spent numerous hours
discussing what the financial options are, where the revenues lie and how they bring the
revenues down. Mr. Jacquet inquired about the "quiet zones ". Ms. Delaney stated the
"quiet zones" must be %2 mile in length so it could be the middle of the 1/2 mile; a '/4 mile
on each side.
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At this point, the Commission moved to Comments and Inquiries on
Agenda and Non - Agenda Items from the City Manager and the Public Immediately
Following Presentations.
6.A. City Manager's response to prior public comments and inquiries.
In response to a prior inquiry expressed by Gail Lee McDermott about
Osceola Phase I, the City Manager stated Osceola Phase I has not yet been constructed.
The City Manager stated this project is budgeted at $136,000 and construction for the
alleys will begin within the next month.
Secondly, with regard to Mr. Blum's concern about when the beach
pavilion will be re -bid, the City Manager stated the beach pavilion is being re -bid now
with an expected completion date of February 14, 2014. The City Manager stated in
evaluating the bids staff found that there were several items that were not picked up on by
the bidders particularly one related to the electrical system. He stated it was about a
$50,000 item and some of the bids was bid for about $8,000. Therefore, the City
Manager stated staff would have received a change order on it and some of the hangers
that were specified in the document were originally intended to be stainless steel but there
was an equivocation about it in the bid documents that it be substituted for galvanized.
The City Manager stated the architect was certain that the longevity of the project hinged
on galvanized. The City Manager reiterated that staff would have received change orders
on it so they felt it was more prudent to re -bid the entire document.
Lastly, with regard to Mr. Frankel's concern about the 30 -day contracts,
the City Manager stated he sent an email to the Commission regarding these contracts.
Mr. Frankel asked if staff is going to be putting these out to bid. The City Manager stated
some of these contracts are coming up for renewal naturally, some are coming up in
Parks and Recreation in the next month or so for bid, and there are number of others
throughout the course of the year. The City Manager stated staff will place this on a
future agenda and let the Commission look at them and decide whether they want to
exercise the options.
6.13. From the Public.
6.13.1. Trey Kauffman, 235 N.E. 15t Avenue, Delray Beach, FL 334449
commented about the sidewalk cafes and stated he cannot get his wheelchair past the
table and chairs on the sidewalk. Mr. Kauffman suggested that the City eliminate the
black vinyl straps which are temporary boundaries and make the restaurants install a
railing.
6.11.2. Steve Blum, 115 -C Venetian Drive, Delray Beach, FL 33483, expressed
concern over the way things are handled with the bidding process and the City spent $10
million on the beach but the beach pavilion takes five years to get built. Mr. Blum stated
the gateway to Delray Beach is A -1 -A and this bid does not include the rails going down
to the beach. He suggested that this be put into the maintenance budget if at all possible.
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6.13.3. Karen Granger, President of the Greater Delray Beach Chamber of
Commerce, stated construction started on their new office space this week; membership
is up 37% from where they were a year ago. Ms. Granger stated recently at the Florida
Festival and Events Conference Delray Beach was awarded 20 sunshine awards for
events.
6.13.4. Nancy Stewart - Franczak, 227 S. Swinton Avenue, Delray Beach, FL
33444, stated it was an award winning day at the Florida Festival and Events Conference.
Ms. Stewart- Franczak thanked City staff from Public Works, Parks and Recreation,
Police & Fire, and the City Manager's office for supporting the events.
6.B.5. Pauline Moody, 609 S.W. 8fh Avenue Delray Beach FL 33445 stated
with regard to the comments expressed by Mr. Kauffman about the sidewalk cafes and
being ADA compliant. Ms. Moody stated State and Federal laws for service animals are
supposed to be clear.
6.13.6. Christina Morrison, 2809 Florida Boulevard 9207, Delray Beach, FL
33483, stated the beach contract is going back out for bid and would like to ensure that
the bid package addresses the handling of the current account owners for beach chairs.
Ms. Morrison stated there are hundreds of people that have those contracts in place and if
this goes to a different company it will not be fair to the residents that have those annual
memberships.
Secondly, Ms. Morrison asked with regard to Items S.B. and 8.C., why
anything having to do with Atlantic Crossing is on the Consent Agenda.
Ms. Morrison stated there are regulations in place with respect to the
sidewalk cafes; a five (5) foot clearance is required; however, no one follows the rules
because nobody has lost their license over it.
Lastly, Ms. Morrison thanked Doug Smith who has been with the City of
Delray Beach for seven (7) years and stated he is a very loyal and valuable employee.
6.13.7. Harvard Alan, stated the two art shows they put on are ranked amongst
the top art shows in the country by Sunshine Artists. Mr. Alan stated he is a downtown
guy and this is his favorite venue and noted these merchants need exposure. He stated
with regard to the craft shows and the art show they do with the exception of the one that
goes-over-the -bridge-they are --on- side- streets -not ow -the- mairr- street: -Mr:-Alan- stated- =his
event was in Pineapple Grove for approximately thirteen (13) years but it is logistically
impossible now. He stated he hopes he has the privilege of remaining for at least another
ten (10) years.
6.13.8. Mariorie Ferrer, Exeeutive Director of the Downtown Development
Authority {DDA), 85 S.E. 4 1 Avenue, Delray Beach, FL 33483, responded to a few
questions that the Commission had last week. Ms. Ferrer stated the DDA sent out a
survey to 644 stores and received 50 responses so far. She briefly reviewed the survey
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questions and answers of those surveys received so far.
6.B.9. Bruce Gimmy, owner of The Trouser Shop, stated 25 years ago on a
Saturday he had business and never stopped the entire day. Mr. Gimmy stated Howard
Alan had their show and he decided to open on a Sunday and it was terrific. Mr. Gimmy
stated the Howard Alan shows work for him except for the one that is at the tennis center
because it is a little too far from where his shop is but the impact is very positive. He
stated he is not in favor of closing down Atlantic Avenue anymore because it hurts more
than it helps particularly the restaurants. Mr. Gimmy stated Savor the Avenue is a
positive event because it showcases the restaurants and noted it is a privilege to be a
merchant in Delray Beach for 30 years.
6.13.10. Robin_ Bird, 1300 Cormorant Road S., Delray Beach, FL 33444, lives
at the south end of the canal and the house at the north end is a neighbor of his and they
get flown in vegetation. Mr. Bird displayed photos of the Hungerford Canal (Bass Creek)
and a photo of his home. He stated they dealt with this issue in the 1990's and the City
took a hard stance about what they were going to do with the vegetation on the canal.
Mr. Bird stated they have lived like this for seventeen (17) years and some years are
worse than others with regard to the vegetation debris. He stated he would like a barrier
put in.
6.B.11. Rev Hernandez, 311 Oregon W., Boca Raton, FL (neighbor of Mr.
Bird at the end of the Huni!erford Canal and C -15 Canal), stated if the barrier is put
in it will destroy his view. Mr. Hernandez suggested a control spraying at the beginning
of the season since it is only about 31/2 months out of the year. He stated it will be
detrimental to the property value and could be a potential danger because many kids use
the C -15 canal for waterskiing, tubing, and wake boarding. Mr. Hernandez stated
between Grant and I -95 is the widest point and a lot of the skiers use it as a turnaround
point. He stated if a barrier is put there it could be dangerous.
6.11.12. Andy Peak, 755 Dotterel Road, Delray Beach, FL 33444, expressed
concern over the recent RFP for the beach concession contract and stated there are many
people who are annual members who feel they are being left out of this. Mr. Peak
suggested that this can be easily rectified by having an addendum clause for some of
them into that proposal.
6.B.13. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483,
congratulated the City Clerk on her award.
Secondly, Mr. Warner stated at the Workshop meeting of August 13,
2013, the Commission gave direction to Randal Krejcarek about designing a garage that
no one besides Environmental Services has asked for.
6.13.14. Alan Schlosbem, 200 MacFarlane Drive, Delray Beach, FL 33483,
stated he previously requested that the Mayor and the Commission reconsider the need
for a Comprehensive Traffic Study by FDOT along Atlantic Avenue because of the
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increased numbers of residential units projected for development within the close
proximity to Atlantic Avenue and the bridge including the 198 residential units for The
Stroud, plus 146 units for the Uptown project currently being developed and combined
with Atlantic Crossing's 372 units in commercial use. There will be approximately 716
residential units and commercial use within close proximity to Atlantic Avenue and the
bridge. Mr. Schlosberg stated this will create gridlock and a potentially dangerous
situation when an emergency vehicle attempts to get over the bridge to save someone's
life and is not able to get through. He stated during a hurricane when the barrier island
might have to be evacuated this is potentially a dangerous situation as well. Mr.
Schlosberg urged the Commission to reconsider a Comprehensive Traffic Study.
6.B.15. Pablo Del Real, 521 Southridge Road, Delray Beach, FL 33444 (has
lived in Delray Beach for 10 years), stated his primary means of transportation in the
city is a bicycle. Mr. Del Real urged the Commission to add bicycle lanes downtown.
Secondly, Mr. Del Real stated he works with a non - profit organization
called Auroras Voice and their mission is to continue the work of Gandhi and Martin
Luther King and August 28th will mark 50 years that Martin Luther King gave his "I
Have a Dream" speech. Mr. Del Real invited the Commission to attend a panel
discussion on race and class in Delray Beach is scheduled for Wednesday, August 28,
2013 at St. Paul Missionary Baptist Church, 46 S.W. 10th Avenue, Delray Beach.
6.B.16. Matthew Schneider, 101 S.W. 5th Avenue, Delray Beach, FL 33444,
stated he has spent the better part of his professional career working in the area of
Disability Advocacy and also ADA work. Mr. Schneider stated any efforts that are made
with respect to the sidewalk issue he would love to be a part of that.
Secondly, Mr. Schneider stated he had an opportunity in the last year to
work with Doug Smith on a regular basis in his prior position as a contract administrator
for the Florida Public Services Union.
Mr. Schneider stated he is Senator Sachs Legislative Aide and they are
having a Property Insurance Workshop September 12, 2013 at 2:00 p.m. in the Delray
Beach Public Library.
6.B.17. Mark Kaye, 7145 Huntinjiton Lane, Delray Beach, FL 33446, stated he
was here in June to express his concerns about bike helmet compliance. On June 16,
2013, he received a letter from Mr. Chapman at the request of Mayor'Gliekstein. -Mr.
Kaye referenced an article dated August 7, 2013 in the Sun - Sentinel.
At this point, Mayor Glickstein stated that one of things at the Town Hall
Meeting scheduled for October 17, 2013 is going to be about stressing the importance to
parents about the helmets.
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6.13.18. Jim Smith 1225 S. Ocean Boulevard Delray Beach FL 33483
(Chairman of S.A.F.E.), stated Tri -Rail Coastal Link will start service in about 6 or 7
years and they will be going from downtown to downtown. He stated they will be
discharging several thousand people every day in Delray. Mr. Smith stated they will be
arriving without an automobile and some will arrive with their bicycles. Mr. Smith stated
since they will be arriving without a car Delray Beach must have a sidewalk and bike
network to accommodate them or they will go to another city that does. He stated some
of the passengers will live in Delray. Mr. Smith stated he serves on two Tri -Rail Coastal
Link Sub - Committees; the Finance and the Public Relations Committee and he is doing
everything he can to make sure that Delray Beach has many shared costs not only for
quiet zones but for handling the deficit that will come in operating public transportation.
7. AGENDA APPROVAL.
The City Manager requested that Item 8.K., Amendment No. 4 to the
Agreement /Sungard Public Sector, Inc. be removed to allow the City Attorney time to
review it.
Mrs. Petrolia requested that Item 8.H., _Acceptance of Buildings,
Playground and Parking Space/Palm Beach County Head Start be moved to the
Regular Agenda as Item 9.A.A. and Item 8.I., Grant .Application /Staffing for
Ade uate Fire and Emergency Response SAFER of the Consent Agenda be moved
to Regular Agenda as Item 9.13.13.
Mayor Glickstein requested that Item &A., Final Subdivision Plat
Approval/Linton- Federal Plat be moved to the Regular Agenda as Item 9-C.C., Item
8.13., Hold Harmless Agreement /Atlantic Crossing/Atlantic Avenue be moved to the
Regular Agenda as Item 9.D.D., and Item 8.J. Financial Auditing Firm
Selection/Caler, Donten, Levine, Porter & Veil be moved to the Regular Agenda as
Item 9.E.E.
Mrs. Gray moved to approve the Agenda as amended, seconded by Mrs.
Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr.
Frankel -- Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said
motion passed with a 5 to 0 vote.
Mrs. Gray moved to approve the Consent Agenda as amended, seconded
by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes;
Mrs. Gray -- Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said
motion passed with a 5 to 0 vote.
8. CONSENT AGENDA: City Manager Recommends Approval.
S.A. FINAL SUBDIVISION PLAT APPROVAL/LINTON- FEDERAL
PLAT: Approve a final plat in conjunction with the creation of a two lot commercial
subdivision for a new bank/restaurant development to be platted as Linton - Federal Plat,
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located at the southwest corner of Linton Boulevard and South Federal Highway.
8.B. HOLD HARMLESS AGREEMENT /ATLANTIC
CROSSING /ATLANTIC AVENUE: Approve a Hold Harmless Agreement with CDS
Delray Redevelopment LLC., CDR Atlantic Plaza Ltd., and CDS Freeore LLC., to allow
for the installation and construction to take place between N.E. 6th Avenue and Veterans
Park and between Atlantic Avenue and N.E. 1St Street for the development known as
Atlantic Crossing.
8.C. HOLD HARMLESS AGREEMENT /ATLANTIC CROSSING/
FEDERAL HIGHWAY: Approve a Hold Harmless Agreement with CDS Delray
Redevelopment LLC., CDR Atlantic Plaza Ltd., and CDS Freeore LLC., to allow for the
installation and construction to take place within the State right -of -way at Federal
Highway (N.E. 6th Avenue) for development known as Atlantic Crossing.
8.D. CONTRACT CLOSEOUT (CHANGE ORDER NO.
1/FINAL)/COASTAL CONTRACTING & DEVELOPMENT, INC.: Approve
Contract Closeout (C.O. No. 1 /Final) in the amount of a $4,176.11 decrease and final
payment in the amount of $9,418.39 to Coastal Contracting & Development, Inc.
for completion of the Utility Billing Renovations Project. Funding is available from 442-
5178 -536 -62.10 (Water /Sewer Renewal & Replacement Fund/Buildings).
8.E. RESOLUTION NO. 34 -13: Approve Resolution No. 34 -13; for the
purpose of refunding the outstanding City of Delray Beach, Florida Revenue
Improvement Bonds, Series 2008 (Taxable), determining the need for a negotiated sale of
such revenue bonds to TD Bank, N.A. providing for the terms and payment of such
Revenue Refunding Bonds, Series 2013 (Taxable) in an amount not to exceed
$2,629,000, authorizing the proper officers of the City to do all other things deemed
necessary or advisable in connection with the issuance of said Revenue Refunding
Bonds; and authorize paying down the Revenue Improvement Bonds, Series 2008 by
$371,000 with Series 2008 excess proceeds.
The caption of Resolution No. 34 -13 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$2,629,000 IN AGGREGATE PRINCIPAL AMOUNT OF
REVENUE_ REFUNDING - BONDS; — _SERIES - -2013_
(TAXABLE), OF THE CITY OF DELRAY BEACH,
FLORIDA FOR THE PURPOSE OF REFUNDING THE
OUTSTANDING CITY OF DELRAY BEACH,
FLORIDA REVENUE IMPROVEMENT BONDS,
SERIES 2008 (TAXABLE) AND PAYING ANY COSTS
RELATING THERETO; DETERMINING THE NEED
FOR A NEGOTIATED SALE OF SUCH REVENUE
REFUNDING BONDS, SERIES 2013 (TAXABLE) TO
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TD BANK, N.A. (THE "BANK"); PROVIDING FOR
THE TERMS AND PAYMENT OF SAID REVENUE
REFUNDING BONDS, SERIES 2013 (TAXABLE), AND
THE RIGHTS, REMEDIES AND SECURITY OF THE
OWNERS THEREOF; MAKING CERTAIN
COVENANTS RELATING TO THE ISSUANCE OF
SAID REVENUE REFUNDING BONDS, SERIES 2013
(TAXABLE); APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION AND DELIVERY
OF A BOND PURCHASE AGREEMENT WITH THE
BANK; AUTHORIZING THE PROPER OFFICERS OF
THE CITY TO DO ALL OTHER THINGS DEEMED
NECESSARY OR ADVISABLE IN CONNECTION
WITH THE ISSUANCE OF SAID REVENUE
REFUNDING BONDS, SERIES 2013 (TAXABLE); AND
PROVIDING FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 34 -13 is on file in the City Clerk's
office.)
8.F. GRANT AWARD/RECOVERY ACT EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT (JAG): Approve and accept the FY
2013 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) award in the
amount of $39,868.00 which will provide funding to support the Holiday Robbery Task
Force.
8.G. HOUSING REHABILITATION GRANT /CONTRACT
AWARD: Award one (1) Housing Rehabilitation contract through the. Community
Development Block Grant (CDBG) to the lowest responsive bidder, Abisset Corporation,
LLC. for 26 N.W. 11th Avenue in the amount of $33,209.84. Funding is available from
118 - 1963 - 554 -49.19 (Neighborhood Services: Other Current Charges /Housing
Rehabilitation).
8.H. ACCEPTANCE OF BUILDINGS, PLAYGROUND AND PARKING
SPACE/PALM BEACH COUNTY HEAD START: Approve acceptance of buildings,
playground and parking spaces from Palm Beach County Head Start located at S.W. 6"'
Street within Catherine Strong Park.
8.I. GRANT APPLICATION /STAFFING FOR ADEQUATE FIRE AND
EMERGENCY RESPONSE (SAFER): Approve authorization to submit the Staffing
for Adequate Fire and Emergency Response (SAFER) grant application to provide
funding for staffing at the Fire Department.
8_J. FINANCIAL AUDITING FIRM SELECTION /CALER, DONTEN,
LEVINE, PORTER & VEIL: Approve the firm selection of Caler, Donten, Levine,
Porter & Veil for fmancial auditing services and authorize staff to enter into contract
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negotiations.
8.K. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
8.L. AGREEMENT/BANK OF AMERICA, N.A. /BANC OF AMERICA
MERCHANT SERVICES: Approve an Agreement with Bank of America, N.A., and
Banc of America Merchant Services and the City of Delray Beach to continue providing
payment (credit/debit card) processing for the City as per the terms of both contracts.
8.M. SPECIAL EVENT REQUEST /19' ANNUAL DOWNTOWN
DELRAY BEACH CRAFT FESTIVAL: Approve a special event request to endorse
the 19th Annual Downtown Delray Beach Craft Festival sponsored by Howard Alan
Events, Ltd. to be held October 5 -6, 2013 from 10:00 a.m. to 5:00 p.m., to grant a
temporary use permit per LDR Section 2.4.6(F) for the closure and use of NE 4t11 Avenue
from Atlantic Avenue to NE 1st Street and SE 4th Avenue from Atlantic Avenue to SE 1st
Street, to utilize the north end of the Hands parking lot for vendor parking; and to provide
staff support for traffic control, security and fire inspection services. The event producer
is responsible for payment of 100% of applicable City costs plus a 5% administrative fee.
8.N. SPECIAL EVENT REQUEST /SAVOR THE AVENUE: Approve and
endorse Savor the Avenue, sponsored by Boca Raton and Delray Beach Magazines and
supported by the Downtown Development Authority, to be held on March 27, 2014 from
5:30 p.m. to 8:30 p.m.; to grant a temporary use permit per LDR Section 2.4.6(F) for
closure and use of Atlantic Avenue from Swinton to the west side of N.E. /S.E. 5th
Avenue from 2:00 p.m. until 10:00 p.m.; and SE 3rd Avenue from Atlantic south to the
alley and SE 01 Avenue from Atlantic to the alley from noon until 10:00 p.m.; to
authorize staff support for traffic control and security, barricading, EMS assistance and
Fire inspection, trash boxes, use of two (2) City owned portable generators, a genie -lift,
and banner hanging with banners to be hung no sooner than 14 days prior to the event;
contingent upon receipt of a certificate of event and alcohol liability insurance and an
executed Hold Harmless Agreement by March 6, 2014. The event sponsor is
responsible for 100% of applicable City costs plus a 5% administrative fee.
8.0. SPECIAL EVENT REQUEST/EXTREME _ VOLLEYBALL
PROFESSIONALS (EVP) TOUR: Approve a special event request for the Extreme
Volleyball Professionals (EVP) Tour, sponsored by EVP Tours and supported by the
Downtown Marketing Cooperative, to be held on September 21, 2013 from 8:00 a.m.
to 6:00 p.m., with setup beginning September 20, 201.3_-at 5 :00..p.m_,_to grant a waiver to
the City Code of Ordinances, Section 101.32, Section 101.32, "Assemblies ", to allow
assembly on the beach; to allow use of the Sandoway Parking lot for athlete and spectator
parking; and to authorize staff support for lifeguard assistance and traffic control;
contingent upon receipt of a turtle permit fourteen (14) days prior to the event and a copy
of the temporary liquor license by September 12, 2013. Per the current Special Event
Policies and Procedures, the DBMC will pay 50% of applicable costs plus a 5%
administrative fee.
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8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period August 5, 2013 through August 16, 2013.
AWARD OF BIDS AND CONTRACTS:
1. Contract award to Municipal Code Corporation at an annual
estimated cost of $140,000.00 to piggyback the current City of
Sarasota contract to print and mail utility invoices. Funding is
available from 441 - 5112 -536 -34.90 (Water and Sewer Fund: Other
Contractual Services) and 441 - 5112 -536 -42.10 (Water and Sewer
Fund: Transportation/Postage).
2. Contract award to Stuart Fence Co., Inc. in the amount of
$15,700.00 for installing a chain link fence along the north
perimeter of the Water Treatment Plant area at the Environmental
Services Department Compound. Funding is available from 442-
5178 -536 -63.90 (Water & Sewer Renewal & Replacement Fund:
Improvements Other /Other Improvements).
3. Purchase award to Environmental Products of Florida Corporation
in the amount of $18,535.00, for new Envirosight Underground
Infrastructure Inspection System for the Maintenance Division of
the Public Works Department. Funding is available from 448-
5461 -538 -64.90 (Storm Water Utility Fund: Machinery
/Equipment/Other Machinery/Equipment).
4. Purchase award to Odyssey Manufacturing, Co., in the amount of
$48,010.00 for the Water Treatment Plant Sodium Hypochlorite
Storage Tank replacement project. Funding is available from 442-
5178 -536 -64.90 (Water & Sewer Renewal and Replacement Fund:
Machinery/Equipment/Other Machinery/Equipment).
Mrs. Gray moved to approve the Consent Agenda as amended, seconded
by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes;
Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said
motion passed with a 5 to 0 vote.
9.
REGULAR AGENDA:
9.A.A. ACCEPTANCE OF BUILDINGS, PLAYGROUND AND PARKING
SPACE/PALM BEACH COUNTY HEAD START: Approve acceptance of buildings,
playground and parking spaces from Palm Beach County Head Start located at S.W. 6t"
Street within Catherine Strong Park.
Mrs. Petrolia stated she wants to understand what it is going to cost the
City going forward in maintaining these buildings that the City is going to be assuming.
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Tim Simmons, Interim Director of Parks and Recreation, stated staff took
the cost that the County had been expending so far. Mr. Simmons stated staff plans to do
small education things such as summer camp, winter camp that the City currently has
until we can build the programs on them.
The City Manager stated the County is returning a piece of property that
they rented from the City and there is a time issue on this because the County has a time
limit for action on their part. He stated they have a Federal grant to demolish the
properties that they have to act on by September 30`h. The City Manager stated the City
annually rents the building to supplement the existing programs at Catherine Strong; the
City rents a portable every year. The City Manager stated the acceptance of these
buildings will eliminate that cost and will allow the City to do more things at the
Catherine Strong facility.
Mrs. Gray thanked Mayor Abrams and the timing of this is perfect.
Mrs. Gray moved to accept Item 9.A.A. (formerly Item 8.H.), seconded
by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes;
Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes.
Said motion passed with a 5 to 0 vote.
9.B.B. GRANT APPLICATION /STAFFING FOR ADEQUATE FIRE AND
EMERGENCY RESPONSE (SAFER): Approve authorization to submit the Staffing
for Adequate Fire and Emergency Response (SAFER) grant application to provide
funding for staffing at the Fire Department.
Mrs. Petrolia asked what happens after the two years. Danielle Connor,
Fire Chief, stated during the 24 -month award period that the City is receiving monies
from the SAFER grant from FEMA and the City is required to maintain their operational
staffing level.
The City Manager stated if the City receives the grant then staff can
decide whether or not they want to make that commitment.
Ms. Connor stated tonight's consideration is for the application only.
Mrs. Gray moved to approve Item 9.B.B. (formerly Item S.I.), seconded
by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes;
Mrs. Gray — Yes; Mayor Giickstein — Yes; Mrs. Petrolia -- Yes; Mr. Jacquet — Yes. Said
motion passed with a 5 to 0 vote.
At this point, the time being 11:14 p.m., Mr. Frankel left the meeting.
9.C.C. HOLD HARMLESS AGREEMENT /ATLANTIC
CROSSINGIATLANTIC AVENUE: Approve a Hold Harmless Agreement with CDS
Delray Redevelopment LLC., CDR Atlantic Plaza Ltd., and CD Freeore LLC., to allow
for the installation and construction to take place between N.E. 6th Avenue and Veterans
Park and between Atlantic Avenue and N.E. 0 Street for the development known as
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Atlantic Crossing.
9.D.D. HOLD HARMLESS AGREEMENT/ATLANTIC CROSSING/
FEDERAL HIGHWAY: Approve a Hold Harmless Agreement with CDS Delray
Redevelopment LLC., CDR Atlantic Plaza Ltd., and CDS Freeore LLC., to allow for the
installation and construction to take place within the State right -of -way at Federal
Highway (N.E. 6th Avenue) for development known as Atlantic Crossing.
Mayor Glickstein stated he wants to make sure that by doing this the City
is not conferring any additional rights to the property owner /developer in connection with
the pending project.
Mike Covelli stated under a previous abandonment there was a condition
that once the alleyways were abandoned that those utilities would be relocated. He stated
this is not tied to previous approvals other than the abandonment or pending approvals.
Mrs. Gray moved to approve Item 9.C.C. (formerly Item 8.5.) and Item
9.D.D. (formerly Item 8.C.), seconded by Mrs. Petrolia. Upon roll call the Commission
voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr.
Jacquet — Yes. Said motion passed with a 4 to 0 vote.
9.E.E. FINANCIAL AUDITING FIRM SELECTION /CALER, DONTEN,
LEVINE, PORTER & VEIL: Approve the firm selection of Caler, Donten, Levine,
Porter & Veil for financial auditing services and authorize staff to enter into contract
negotiations.
Mayor Glickstein asked why the City went out six years on a contract.
David Boyd, Finance Director, stated the City has approximately 50 grants
at any one time. Mr. Boyd stated the GASB (Governmental Accounting Standards
Board) changes that are coming within the next few years and the reason he asked for a
six year term is to get through a specified period of time because things are changing so
rapidly now.
Mayor Glickstein expressed concern that the RFP is wrong in regards to
the term and that the City is locked except for terminating for cause for a six year time
period.
Mrs. Petrolia commented about the range in the ranking.
Mayor Glickstein stated there are inaccuracies in regard to the rankings.
The City Manager stated he would recommend leaving it and in the future
staff will make sure the RFP has a shorter term. He stated he believes it has gone through
the full vetting process as far as selection process.
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Mayor Glickstein stated he would like to see a more critical management
letter in these audits that is critical of City operations and protocols because he feels this
is the auditor's role to point out where the City can do better.
Mrs. Petrolia moved to accept Item 9.E.E. (formerly Item 8.3.),
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor
Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet -- Yes; Mrs. Gray — Yes. Said motion
passed with a 3 to 1 vote, Mr. Jacquet dissenting.
At this point, the time being 11:25 p.m., the Commission moved back to
Item 9.13. of the Regular Agenda.
9.8. EARLY RETIREMENT OPTION: Consider approval to open the early
retirement window for General Employees.
David Boyd, Finance Director, stated the City's ordinance allows the City
to offer an early retirement without penalty to employees who are 100% vested and
within two (2) years of the earliest normal retirement date. Mr. Boyd stated currently
there are 26 General Employees eligible as of October 1St. Staff recommends opening the
early retirement window for General Employees as a way to allow accelerated
restructuring opportunities within departments. Mr. Boyd stated the last time this was
offered was October 2011 and two (2) employees accepted the offer and it carne with 12
months subsidized health. Mr. Boyd stated the City of Delray Beach has the DROP
Program and those employees who reach their 30 years and are eligible for the DROP
Program they will select that option rather than early retirement. However, Mr. Boyd
stated the cost to the City is the same. He stated the City is doing this to allow for an
accelerated restructuring opportunity if that becomes available by offering this.
The City Manager stated depending on how it works staff may look at
incentives down the road but with regard to this item the City is asking for employees to
make a choice on an unsubsidized basis.
Mayor Glickstein stated it is another indirect benefit of merit based raises
if people feel they are topped out not because of the job description, but because of
performance evaluations it may encourage people to move in that direction.
Mrs. Petrolia moved to approve the early retirement option, seconded by
Mr. Jacquet. Upon roll_ call the Commission. voted as_ follows: Mrs. .Petrolia -- Yes; Mr.
Jacquet — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to
0 vote.
9.C. SPECIAL EVENT REQUEST /ST. PATRICK'S DAY
FESTIVAL: Consider approval of a special event request for the St. Patrick's Day
Festival on March 14, 2014, from 5:00 p.m. to 10:00 p.m. and March 15, 2014 from
11:00 a.m. to 7:00 p.m., on the grounds of Delray Beach Center for the Arts; approve
staff support for security, EMS assistance and Fire Inspection services, and stage rental;
contingent upon the conditions listed in the staff report. The event sponsor will be
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required to pay 100% of all applicable City costs plus a 5% administrative fee.
Robert A. Barcinski, Assistant City Manager, stated this item is for the St.
Patrick's Day Festival proposed to be held on March 14, 2014 on the front grounds of
Old School Square. The event producer is Delray Arts, Inc. from 11:00 a.m. to 7:00 p.m.
Staff feels the need for Police and Fire to be at the event and the total estimated cost of
overtime is $3,255. Staff recommends approval with the standards conditions that the
City receives the event liability and alcohol liability insurance, the rental agreement, and
the temporary license.
Mayor Glickstein inquired if the City has done this festival at this location.
Mr. Barcinski stated this festival has been done for four (4) years at this location.
Mrs. Gray moved to approve the Special Event Request for the St.
Patrick's Day Festival on March 14, 2014 from 5:00 p.m. to 10:00 p.m. and March 15,
2014 from 11:00 a.m. to 7:00 p.m. at Delray Beach Center for the Arts at Old School
Square, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr.
Jacquet — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said
motion passed with a 4 to 0 vote.
9.D. SPECIAL EVENT REQUEST/ST. PATRICK'S DAY PARADE:
Consider approval of a special event request for the St. Patrick's Day Parade to be held
on March 15, 2014, from 2:00 p.m. to 4:00 p.m.; to grant a temporary use permit per
LDR's Section 2.4.6(F) for the use of Atlantic Avenue from A-1 -A to NW 5t` Avenue for
the parade and Atlantic from A -1 -A to the bridge with overflow on East Drive to Lowry
Street and Gleason if needed for staging of parade entries and the closure of Atlantic
Avenue from NE /SE 5a' Avenue to Swinton until 6:00 p.m.; approve staff support for
traffic control and security, barricading, EMS assistance, signage, use of the small stage
and allow event signage to be put up on March 1, 2014; contingent upon the conditions of
approval listed in the staff report. The event sponsor will be required to pay 100% of
applicable City costs plus a 5% administrative fee.
Robert A. Barcinski, Assistant City Manager, stated this is a 46th Annual
Parade to be held on March 15, 2014 from 2:00 to 4:00 p.m. with setup starting at 11:30
a.m. for the use of Atlantic Avenue from A -1 -A to NW 5th Avenue for the parade and
Atlantic Avenue from A -1 -A to the bridge with overflow on East Drive to Lowry Street
and GIeason. The event sponsor is requesting to approve staff support for traffic control
and security, barricading, EMS assistance, use of the small stage, and signage. Mr.
Barcinski stated even though the City Manager has the authority to waive the
consumption of alcohol in public which the City has allowed on the parade route during
the two hours of the parade, staff recommends that the City not do that. Mr. Barcinski
stated staff they are recommending this year for safety reasons especially children and the
route in the narrowest part on the west side of 5th Avenue up to S.W. 2 "d be lined with
barricades to keep people from getting into the street. He stated the event sponsor is also
requesting that a section of Atlantic be closed longer from 5th Avenue to Swinton Avenue
until 7:00 p.m. but staff recommends that they not go past 6:00 p.m. because it takes
Police about an hour to get people out of the way to open the street. Staff also
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recommends that 15 port-a -lets be installed. Mr. Barcinski stated the total estimated
overtime cost for the event is $31,273. Staff recommends approval subject to the
conditions.
Mayor Glickstein stated he feels because the City is not waiving the
restrictions on alcohol, there may be the need for more police. Mr. Barcinski stated that
has been factored in.
Bern Ryan, Delray Beach Arts, Inc., stated they are turning the parade
over to the event sponsor Code 3 Events, Inc. and Delray Beach Arts have been very
actively involved in the safety issues in dealing with some of the concerns both from the
community and City staff. Mr. Ryan stated they are going to be utilizing social media to
get the word out to people that alcohol consumption is not going to be allowed on the
street.
Mayor Glickstein stated from a safety standpoint he requested that there
be education to the participants that nothing is to be thrown from the trucks.
At this point, Mr. Frankel left the meeting.
Mr. Jacquet moved to approve the St. Patrick's Day Parade to be held on
March 15, 2014 from 2:00 p.m. to 4:00 p.m., subject to the conditions as stated by Mr.
Barcinski, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows:
Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said
motion passed with a 4 to 0 vote.
Mayor Glickstein commented about branding in terms of t -shirt sales and
stated between the Police and Fire Department on their own time before, during, and after
the parade they could be selling things that go back to the department as Delray Beach is
the host city. Mr. Ryan stated they sell thousands of t -shirts each year.
9.E. APPOINTMENTS TO THE BOARD OF ADJUSTMENT:
Appoint two (2) regular members and one (1) alternate member to the Board of
Adjustment to serve two (2) years terms ending August 31, 2015. Based upon the
rotation system, the appointments will be made by Commissioner Frankel (Seat 43),
Commissioner Gray (Seat #4) and Mayor Glickstein (Seat #5).
- -- -Mr. Frankel's appointment has been deferred - io the next regular meeting
of September 3, 2013.
Mrs. Gray moved to reappoint Harvey Starin as a regular member to the
Board of Adjustment to serve a two (2) year term ending August 31, 2015, seconded by
Mr. Jacquet. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes;
Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to
0 vote.
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Mayor Glickstein moved to reappoint Michael Park as an alternate
member to the Board of Adjustment to serve a two (2) year term ending August 31, 2015,
seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs.
Petrolia Yes; Mr. Jacquet — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said
motion passed with a 4 to 0 vote.
9.F. APPOINTMENTS TO THE HISTORIC PRESERVATION
BOARD: Appoint three (3) regular members to serve two (2) year terms ending August
31, 2015 and one (1) regular member to serve an unexpired term ending August 31, 2014
to the Historic Preservation Board. Based upon the rotation system, the appointments will
be made by Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2),
Commissioner Frankel (Seat #3) and Commissioner Gray (Seat 44).
Mrs. Petrolia moved to appoint John Miller as a regular member to the
Historic Preservation Board to serve a two (2) year term ending August 31, 2015,
seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet
— Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion
passed with a 4 to 0 vote.
Mr. Jacquet stated he would like to defer his appointment to the next
regular meeting of September 3, 2013.
Mr. Frankel's appointment will be deferred to the next regular meeting of
September 3, 2013.
Mrs. Gray moved to reappoint Sam Spear as a regular member to serve an
unexpired term ending August 31, 2014, seconded by Mr. Jacquet. Upon roll call the
Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia
Yes; Mr. Jacquet — Yes. Said motion passed with a 4 to 0 vote.
9.G. APPOINTMENTS TO THE PLANNING & ZONING BOARD:
Appoint three (3) regular members to the Planning & Zoning Board to serve two (2) year
terms ending August 31, 2015. Based upon the rotation system, the appointments will be
made by Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2) and
Commissioner Frankel (Seat #3).
Mrs. Petrolia moved to appoint Christopher Davey as a regular member to
the Planning and Zoning Board to serve a two (2) year term ending August 31, 2015,
seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mayor
Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mrs. Gray — Yes. Said motion
passed with a 4 to 0 vote.
Mr. Jacquet moved to appoint Jodana Jarjura as a regular member to the
Planning and Zoning Board to serve a two (2) year term ending August 31, 2015,
seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs.
Petrolia — Yes; Mr. Jacquet — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said
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motion passed with a 4 to 0 vote.
Mr. Frankel's appointment has been deferred to the next regular meeting
of September 3, 2013.
9.H. APPOINTMENTS TO THE SITE PLAN REVIEW &
APPEARANCE BOARD: Appoint two (2) regular members to serve two (2) year
terms ending August 31, 2015 to the Site Plan Review & Appearance Board. Based upon
the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2)
and Commissioner Frankel (Seat #3).
Mr. Jacquet moved to appoint James Chard as a regular member to serve a
two (2) year term ending August 31, 2015
, Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mrs.
Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to
0 vote.
Mr. Frankel's appointment has been deferred to the next regular meeting
of September 3, 2013.
At this point, the time being 7:39 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10. PUBLIC HEARINGS:
10.A. PUBLIC COMMENTS/FY 2014 PROPOSED BUDGET: The City
Commission will hear public comments, if any, regarding the FY 2014 Proposed Budget
at this time.
Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive
Unit "C ", Delray Beacham FL 33483, does not support the 5% increase in staff pay before
he has done any evaluation of departmental or employee performance. Mr. Blum feels
that raises should be given after evaluations not before and only when justified. He stated
staff received a 3% raise for this year costing the City $340,000. Mr. Blum stated in this
year of new leadership this year's budget should stand well above those of the past as the
hallmark of an efficiently run city. He urged the Commission to direct the City Manager
to step up to the job immediately or step down. Mr. Blum feels the City Manager's
request -is unjustified-.--
Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, stated
many people will be paying more tax dollars if this proposed rate holds and urged the
Commission to lower the proposed millage rate.
Cindi Freeburn, 371E. Mallory Circle, Delray Beach, FL 33483,
stated having spent her entire career in the private sector she urged the Commission to
make an effort to run the City more like a private sector business. Ms. Freeburn stated
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every position that she has held with three different companies they have had
performance reviews based on far more than a pass /fail system. She strongly urges to not
give across the board raises of 5% to city staff and that the City implement a system that
is more equitable with what businesses do which be either a 4 or 5 point system or an A -F
type system where you set a budget of 3% so if you would like to give someone a 4%
increase then you offset that with someone who gets a 2% increase. She stated the City
could operate more efficiently if things were run more like a business. Ms. Freeburn
suggested that ' the City shift resources from across the board raises and put them into
infrastructure improvements.
Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance). stated General Employees received a 3% raise in
December after over five years of getting nothing. Dr. Kirson stated General Employees
are being offered a 5% increase; 3% pay raise and 2% bonus and feels that employees
deserve every dollar. He stated Police and Fire are about 10% behind in pay over the last
4 -5 years. Dr. Kirson stated Delray Beach is last out of five cities in pay for Police and
Fire and feels employees are leaving because of this.
Mrs. Gray asked the City Manager to elaborate about the proposed 5%
increase. The City Manager stated although the budget increased over the last several
years, staff across the board had been several years without pay increases. The City
Manager stated the salary base is actually going to be increased by 3% because 3% will
be a vested increase and 2% will be awarded to employees as a one -time bonus. The City
Manager stated he does not believe the City has gone through the exercise of right - sizing
the City of Delray's organization and believes this has to be done.
Mrs. Petrolia stated she cannot make a comparison to the market when she
has never seen any comparison given to her to know what one city gets as far as city
workers to another city so it is hard for her to determine whether or not a pay raise is
something that the City needs to be doing at this point. Mrs. Petrolia read a brief
statement into the record. Mrs. Petrolia suggested that the City immediately change its
system of evaluating employees, set aside provisions for an increase to only those
employees that exhibit exemplary service following which the Commission agrees to
pass a resolution and compensate those outstanding employees with merit pay increases.
She suggested that the City be conservative and to take the opportunity to right -size the
departments now before spending tax dollars on pay increases. Mrs. Petrolia suggested
that the City considering selling the garages (the part of it above; not the retail below).
She commented about the huge drop in the debt service and would like to discuss this in
further detail at a future meeting. Mrs. Petrolia commented about the department
recommendations and the manager's recommendations.
Mr. Jacquet stated if this is a transitional budget year everyone has to be
mindful of how and what raises the City is giving out and where the City is spending its
money. Mr. Jacquet suggested that the first thing that needs to be done in this transitional
period is find a system to evaluate the staff to figure out who deserves it and who does
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not and then go ahead and implement it. He stated as in any corporation or busiless
some people get increases and some do not.
Mrs. Gray inquired about the system that was previously used to evaluate
employees for their performance. The City Manager stated previously the City had a
system in place of doing performance appraisals and it was largely abandoned over the
last four years because there were no raises being given. The City Manager reiterated
that the system exists but it has just not been functional for the last four years.
Mrs. Gray commented about the lawsuit with Waste Management and
asked if there is a budget for this. The City Attorney stated the City has a budget for
outside counsel fees and that amount is $195,000 for the upcoming fiscal year; in
previous years it had been $200,000; the last Commission cut it down to $100,000.
Mayor Glickstein recommended that there be a special meeting regarding
the budget.
Mayor Glickstein stated he would like to see the department heads be
empowered to be more entrepreneurial to evaluate their staff and reward the ones that
deserve it and get rid of the ones that are not performing and for the ones that are on the
bubble they have the message of the other two extremes. Mayor Glickstein stated it
would be helpful to the Commission to better understand how the City Manager is
arriving at the conclusion that the employees are undercompensated. Mayor Glickstein
stated if the conclusion is that the employees are undercompensated he is not suggesting
that the budget be modified but that those raises are held in advance until those merit
reviews are performed. He stated he does not believe there is any contingency built into
this budget which has been a goal of the Commission. Mayor Glickstein stated he would
like more work done before next week in terms of how the Commission can fairly treat
the employees in a way that rewards the people that have performed recognizing as a
whole those that have not been compensated fairly but do it in a way that speaks to the
best practices of private employment.
Mayor Glickstein asked if the City still has departmental budget packages
that are done. Mayor Glickstein stated as the City moves into the next budget cycle that
these departmental budget packages be part of public disclosure but Commission
disclosure.
-- - -- - -Mayor Glickstein- stated 1-00% of the- City's tax revenue goes -to pay-the
budgets of Police and Fire and feels it is a non - sustainable formula to think that the City
can continue to pay everything out of revenue categories such as forfeitures, interlocal
services, etc. He stated it is premature to discuss assets such as the garages because there
is not a parking strategy that would tie revenue to the cost of operating that yet; however,
assets such as the tennis center and the cemetery are costing the City a lot of money and
this needs to be addressed.
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The City Manager stated the City Attorney's budget is recommended at
$165,000 and his current budget is $100,000.
Mrs. Gray asked if there are any other ideas regarding any new fees as a
source of revenue. The City Manager stated staff will look at parking as a source of
revenue and other recommendations down the road.
103. ORDINANCE NO. 12 -13: Consider a city - initiated amendment to Land
Development Regulations (LDR) Section 4.6.9(1))(3)(c), "Parking Lot Stacking
Distance ", to reduce the stacking distance for parking lots with 51 or more spaces when
there are multiple access points.
The caption of Ordinance No. 12 -13 is as follows:
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 SECTION 4.6.9 "OFF- STREET PARKING
REGULATION ", SUBSECTION (D), "DESIGN
STANDARDS ", SUBSECTION (3), "POINT OF ACCESS
TO THE STREET SYSTEM" TO REDUCE THE
STACKING DISTANCE FOR PARKING LOTS WITH
TWO OR MORE ACCESS POINTS; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 12 -13 is on file in the City Clerk's
office.)
At this point, the time being 8:21 p.m., Mayor Glickstein stepped down
from the dais and passed the gavel to Vice Mayor Jacquet.
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is an
LDR amendment to the stacking distance; the current regulations require a 50 foot before
you meet a parking space and staff proposes that if you have two or more access points
that it be reduced to 20 feet.
At its meeting of June 17, 2013, the Planning and Zoning Board
recommended approval with a 3 to I vote, (Thuy Shutt dissenting).
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Vice Mayor Jacquet declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 12 -13,
the public hearing was closed.
At this point, Mayor Glickstein returned to the dais.
Mr. Jacquet asked why staff made it two instead of three access points.
Mr. Dorling stated in the past whenever there has been multiple access points two or
more waivers have been granted. Mr. Jacquet stated if there is a big parking lot such as a
Walmart and as long as it has two access points will that automatically give it the 20 foot
instead of 50. Mr. Dorling stated it would require provisions of traffic numbers that
would justify that and staff always has the ability to access that and require more.
Mrs. Gray moved to adopt Ordinance No. 12 -13 on Second and FINAL
Reading, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows:
Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — No; Mr.
Frankel — Yes. Said motion passed with a 4 to 1 vote, Commissioner Jacquet dissenting.
10.C. ORDINANCE NO. 13 -13: Consider a city - initiated amendment to Land
Development Regulations (LDR) Section 2.4.3, "Submission Requirements ", Subsection
(D), "Preliminary Engineering Plans ", and Subsection (F), "Final Engineering Plans ", to.
provide for bus shelters; enacting a new Section 6.1.14, "Transit", to provide for bus
shelters.
The caption of Ordinance No. 13 -13 is as follows:
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 SECTION 2.4.3 "SUBMISSION
REQUIREMENTS ", SUBSECTION (D) "PRELIMINARY
ENGINEERING PLANS" AND SUBSECTION (F)
"FINAL ENGINEERING PLANS" TO PROVIDE FOR
BUS SHELTERS; ENACTING A NEW SECTION 6.1.14
"TRANSIT" TO PROVIDE CRITERIA ASSOCIATED
WITH TRANSIT STOPS; PROVIDING A SAVING
CIJAUSE; A GENERA -L REPEALER C- ,USE; -AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 13 -13 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
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Paul Dorling, AICP, Director of Planning and Zoning, stated this is a city -
initiated amendment that addresses bus shelters and addresses financial contributions
towards the installation of either full bus stations or a combination of one -half a bus
station and related improvements. Mr. Dorling stated this is identified in the
Comprehensive Plan but it is not codified in the LDRs so this amendment achieves that.
At its meeting of June 17, 2013, the Planning and Zoning Board
recommended approval with a 4 to 0 vote.
Mayor Glickstein declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 13 -13,
the public hearing was closed.
Mrs. Gray moved to adopt Ordinance No. 13 -13 on Second and FINAL
Reading, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows:
Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs.
Gray — Yes. Said motion passed with a 5 to 0 vote.
10.D. ORDINANCE NO. 14 -13: Consider an amendment to Section 99.02,
"Definitions ", amending Section 99.03, "Loud and Unnecessary Noises Prohibited ",
amending Section 99.04, "Exemptions ", amending Section 99.05, "Temporary Permits ",
repealing Section 99.06, "Notice of Violation ", repealing Section 99.07, "Abatement
Orders ", and amending Section 99.08, "Penalty ".
The caption of Ordinance No. 14 -13 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 99 "NOISE CONTROL" OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 99.02,
"DEFINITIONS" TO ADD THE DEFINITION
"AIRCRAFT" AND REMOVE DEFINITIONS
"COMMERCIAL AREA ", "INDUSTRIAL AREA" AND
"OFFENSE "; AMENDING SECTION 99.03, "LOUD
AND UNNECESSARY NOISES PROHIBITED" TO
CLARIFY SAME, TO AMEND DISTANCE AND TIME
REQUIREMENTS, AND TO ADD PROVISION FOR
AIRCRAFT; AMENDING SECTION 99.04
EXEMPTIONS" TO CLARIFY SAME; AMENDING
SECTION 99.05 "TEMPORARY PERMITS" TO
CLARIFY SAME; REPEALING SECTION 99.06
"NOTICE OF VIOLATION "; REPEALING SECTION
99.07 "ABATEMENT ORDERS "; AND AMENDING
SECTION 99.08 "PENALTY" TO CLARIFY SAME AND
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08/20/13
TO ADD PENALTIES; AND PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 14 -13 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Janice Rustin, Assistant City Attorney, stated on first reading of the
ordinance the Commission gave direction to make the following changes: increase the
penalties Section 99.08, Section (b)(3), (4) and (5) have been amended so that if an
offender comes before the Code Enforcement Board for the third time within the
preceding 12 months, a maximum fine of $5,000 may be imposed and the City Manager
has the authority to impose conditions on their business tax that will limit their ability to
play music on that area of the premises where the noise violation originated. Ms. Rustin
stated for the fourth time the maximum fine increases to $10,000 with business tax
conditions and for the 5t` violation within a year that fine increases to $15,000 with
business tax conditions.
Mr. Jacquet asked if there will still be a warning. Ms. Rustin stated the
police issue a warning then after that the police can issue a civil citation for $250 and for
a repeat offender it can go up to $500. Ms. Rustin stated the second avenue to enforce is
a Notice of Violation and that is put before the Code Enforcement Board and the first fine
is $250; the second fine is $500; and the third appearance before the Code Enforcement
Board within a year is $5,000. Mr. Jacquet asked if someone appears before the Code
Enforcement Board can they dispute it before any amount is assessed. Ms. Rustin stated
it is a hearing and it is up the discretion of the Code Enforcement Board to set the fine.
Mrs. Petrolia asked who keeps track of how many times a business has
been cited. Lula Butler, Director of Community Improvement, stated all the violations
are automated so the system tracks each time there is a Code violation and the number of
times it goes to the Code Enforcement Board so there is a history on each property. In
addition, Mrs. Butler stated staff tracks the civil violation notices as well.
-- Mayor- Glickstein -asked for - further explanation- of- the - process. The City
Attorney stated in order to get in front of the Code Enforcement Board it is a much longer
process as far as finding guilt because under the civil citation system the police officer or
code officer can issue a ticket and determine someone is guilty. The City Attorney stated
there is nothing to stop that in this process that on the first go around if there is a Code
Enforcement officer gives them a warning first and then gives them a Notice of Violation
because by State Statute under the Code Enforcement process the first violation under the
Code Enforcement Board process cannot exceed $250.
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08/20/13
The Clean and Safe Sergeant briefly spoke about this issue and stated the
biggest challenge will be the consistency of how the police officers approach this. He
stated with regard to tracking it should not be an issue because of the OSSI System and
the CADD System the information is put in correctly. For example, if someone was cited
two weeks ago and go back tonight he should know in that system that you were
previously cited. He stated there are going to be the victims /complainers, establishments
who are causing the problems, and the enforcers that will all have to be on the same page
and make sure everyone is in the same understanding to get through this. He stated there
are detail officers at various establishments and it is the responsibility of that detail
officer to enforce. whatever law may be violated there. He stated he has never had an
issue with a higher chain of command not doing the job.
Mr. Jacquet asked if that will be the detail officer's responsibility to
measure that 100 foot or will it be the enforcement officer on duty that will come by and
measure it. The Clean and Safe Sergeant explained that if there is a complaint the detail
officer informs the on -duty officer and it will be the responsibility of the on -duty officer
to issue that citation.
Mayor Glickstein confirmed that the 100 feet is determined by the Code
Enforcement Officer which would be the on -duty officer not the detail officer.
Mrs. Petrolia stated if it gets to the point where it is at Code level is the
person who brought the complaint available to be there as well. Mr. Rustin stated there is
a hearing and the offender would be present and there would be a public hearing so at
that time the person who lodged the complaint could come and talk and the Board would
make a decision on all their findings.
Mayor Glickstein declared the public hearing.
Nick Nicholas, 501 S. Ocean Boulevard, Delray Beach, FL 33483
owner of Johnnie Brown's asked if noise is offensive at 100 feet or is it noise that you
can hear someone's conversation from 100 feet. Mr. Nicholas stated he does not feel that
someone who files a complaint should remain anonymous. He stated when he purchased
this property he did not know it would ever be a problem that they could not have bands
playing there. Mr. Nicholas stated a year ago when he realized the noise ordinance was
becoming an issue they stopped playing and spent thousands of dollars to turn their stage
and face it into the building and all the speakers as well in trying to comply as best as
they could being an outdoor venue. He stated Johnnie Brown's is at the epicenter of the
noise being right at the railroad tracks and stated there is all kinds of noise that is being
generated in that area. Mr. Nicholas stated whoever wrote the Statute wisely determined
that there should maybe be an exception for the downtown business district defined as
Federal Highway to Swinton Avenue on Atlantic Avenue. He stated they gave an extra
hour to the downtown business district and instead of 11:00 p.m. during the week it was
12:00 midnight and instead of 12:00 midnight on the weekends it was 1:00 a.m. and he
feels this was a good compromise. Mr. Nicholas stated it is either going to cost the
businesses thousands of dollars or it is going to put places out of business.
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Ron Nolan 417 N.E. 7th Avenue 94 Delray Beach FL 33483
represents approximately 70 paragliders that operates on the south end of the beach and
stated it is his understanding that some change in this ordinance was intended to address
complaints regarding noise. Mr. Nolan asked how this would be applied to them and
stated he is very interested in working with the city in preserving the privilege they have
there.
Jean Duponte, expressed concern that the fines are exurbanite and very
stringent but this does not give her comfort as a homeowner that lives close to a
commercial bar. Ms. Duponte stated she does not see how this ordinance can be enforced
if it has no measurable or quantitative ways of measuring by an audible distance. She
stated if the City wants to protect residents and visitors from unreasonable loud and
excessive sound for all times then she feels the City should have an objective distant
measurement at all times. Ms. Duponte stated the noise ordinance needs to be objective
and measureable so everyone will understand that when the police come out they know it
is a certain distance that they can audibly hear and that everyone is on the same page:
Joanne Peart, 107 N.W. 9th Stream Delray Beach, FL 33444, expressed
concern how this is going to be measured without any specifics. She stated the City has
done a wonderful job with its downtown; however, looking at places such as City Place,
Clematis, and Riverswalk that have become a bar town with lots of loud music people
who used to enjoy walking, eating dinner, and having a leisurely stroll quit going and
these places died. She urged the Commission to be careful to hit a happy balance.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 14 -13, the public hearing was closed.
Ms. Rustin stated she spoke to Mr. Nolan about his concern and thanked
him for coming in and noted he is a responsible paraglider. Ms. Rustin made reference to
Section 99.03(A)(1)(15) of the ordinance and stated it applies to paragliders because staff
has added language in it is under "Certain Acts Declared Unlawful" "Operating an
aircraft over the corporate limits of the City that is not equipped with an adequate muffler
ordinary for any such aircraft. Said muffler must be used in constant operation so as to
prevent any excessive or unnecessary noise."
Mr. Frankel stated the public outreach has been there and believes the
DDA and the City Attorney staff has done a great job. Mr. Frankel stated he agrees with
the - -majority of this -not most of what -is- before -the Commission:.- Re- stated it- worked -in.
Miami Beach which he considers a more active town. Mr. Frankel stated for the
Downtown Business District he would prefer Monday - Thursday 12:00 p.m. and Friday
and Saturday 1:00 a.m. that was previously discussed.
Mrs. Gray stated she has received calls from business owners about noise
extending beyond 1:00 a.m. on the weekend nights. Mrs. Gray stated she would
reconsider extending the time to 1:00 a.m.
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08/20/13
Mrs. Petrolia stated she would not consider extending the time to 1:00
a.m. and believes that the noise ordinance is to protect the people who are living here and
many of these residents have been here long before the businesses. Mrs. Petrolia stated it
is the City's duty to make sure the, residents' lifestyle does not get changed to the point
where they want to move. She feels 11:00 p.m. and 12:00 midnight is fair times and feels
that anything beyond that is asking for trouble. Mrs. Petrolia stated many of the residents
have been living here for 30 years and they have to tolerate the changes that are
happening as the town changes. Mrs. Petrolia reiterated she feels it is the City's job and
duty to protect the residents as well as allow businesses to continue.
Mr. Jacquet agrees that the residents have a certain expectation and feels
that we should protect that. He stated the City has had meetings with restaurateurs and
residents. Mr. Jacquet confirmed with Janice Rustin, Assistant City Attorney, that there
is a difference from the central core downtown from Federal to Swinton Avenue which is
treated differently than east of Federal Highway towards the beach and west where there
are more single family residential. Mr. Jacquet stated the City has an ordinance where
unreasonable noise will not be tolerated and that is all the time. However, he stated this
is addressing the distance requirement 24/7_ Mr. Jacquet stated if there was a 100 foot
requirement for any time of day at all times no bars or restaurants would really be in
operation the way we know it now. Mr. Jacquet stated he has spoken to a number of
businesses and they indicated that the bulk of their money is made Friday and Saturday.
From a business standpoint, Mr. Jacquet stated he does not feel it prudent to proceed in
that manner and feels the City has something very good right now to work with. Mr.
Jacquet stated the Police Department has indicated that enforcement will be a learning
curve but there will be no problem working with Code Enforcement. Mr. Jacquet
proposed to extend the time to 1:00 a.m. in order to help protect the businesses as well as
the residents.
Mayor Glickstein stated the City has changed significantly and with that
the growing pains of a lot of things that we are experiencing noise being one of them.
Mayor Ghekstein stated he has an issue with linking loud outdoor music in the downtown
beyond midnight with the success of the town. Mayor Glickstein stated he is comfortable
with the standard for the downtown core and in expressing that standard before there was
discussion about a "look back period" where the Police Department can pinpoint the
problems and come back to the Commission with those. Mayor Glickstein stated he
believes it is the wrong measure for the downtown to ascribe the success of the
downtown to things that. are happening after 11:00 p.m. at night. He stated he would like
to see a ratcheting back of the area of the times east of US -1.
The City Attorney suggested that language be inserted into Section
99.03(A)(1)(a)(i) of the ordinance to state "The operation of any such set, instrument,
machine or device between the hours of 11 :00 p.m. and 7:00 am. Sunday through
Thursday and between the hours of 1:00 a.m. to 7:00 a.m. Saturday morning in the
downtown core area." It was the consensus of the Commission (3 to 2) to support the
amended language.
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08/20/13
Mr. Frankel proposed moving everything up an hour for every day in the
downtown core area. Mr. Jacquet confirmed that it would 12:00 midnight for all the
weekdays and 1:00 a.m. for the weekend in the downtown core only (Federal Highway to
Swinton Avenue). It was the consensus of the Commission (3 to 2) to support the
amended language.
Mayor Glickstein suggested that it be for the area east of northbound US -1
and 10:00 p.m. weekdays and 11:00 p.m. Friday and Saturday. It was the consensus of
the Commission to support the time of 11:00 p.m. (time remains the same).
Mayor Glickstein confirmed that the time is being extended one (1) hour
more in the commercial core for every day of the week including weekends.
Prior to the vote, Mayor Glickstein gave direction to staff that six (6)
months from today this be brought back to the Commission for evaluation.
Mr. Frankel moved to adopt Ordinance No. 14 -13 on Second and FINAL
Reading as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mrs. Petrolia No; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes;
Mayor Glickstein — No. Said motion passed with a 3 to 2 vote, Commissioner Petrolia
and Mayor Glickstein dissenting.
10.E. ORDINANCE NO. 16 -13: Consider an amendment to Chapter 110,
"Local Business Taxes Generally ", of the Code of Ordinances, by enacting Section
110. 17, "Conditions; Notification; Hearing ", to allow the City to impose conditions on a
business tax receipt for repeated noise violations.
office.)
The caption of Ordinance No. 16 -13 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 110, "LOCAL BUSINESS
TAXES GENERALLY", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY ENACTING SECTION 110.17
"CONDITIONS; NOTIFICATION; HEARING" TO
ALLOW THE CITY TO IMPOSE CONDITIONS ON A
BUSINESS T -AX- RECEIPT FOR -- REPEATED -NOISE
VIOLATIONS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 16 -13 is on file in the City Clerk's
28
08/20/13
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Janice Rustin, Assistant City Attorney, stated this ordinance gives the City
Manager authority to impose conditions on businesses business tax receipts and it was
changed on second reading to allow the conditions to be imposed at the third time a
violator appears before the Code Board.
Mr. Jacquet inquired about the two track system and asked if five or more
violations in total or per track. In response, Ms. Rustin stated it is on the Code
Enforcement track. Ms. Rustin stated someone can get three civil citations and the third
code violation there is a finding of guilt before the Code Board and that is when the
business tax conditions could be imposed.
Mayor Glickstein declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 16 -13,
the public hearing was closed.
Mrs. Gray moved to adopt Ordinance No. 16 -13 on Second and FINAL
Reading, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows:
Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs.
Petrolia --- Yes. Said motion passed with a 5 to 0 vote.
10.F. ORDINANCE NO. 15 -13: Consider an amendment to Chapter 101,
"Municipal Parks, Beaches and Other Recreational Sites ", Section 101.24, "Traffic
Regulations ", of the Code of Ordinances, to increase the altitude restrictions for certain
aircraft flying over the City.
office.)
The caption of Ordinance No. 15 -13 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 101, "MUNICIPAL PARKS,
BEACHES AND OTHER RECREATIONAL SITES ",
SECTION 10 1.24, "TRAFFIC REGULATIONS" OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, TO INCREASE THE ALTITUDE
RESTRICTIONS FOR CERTAIN AIRCRAFT FLYING
OVER THE CITY; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 15 -13 is on file in the City Clerk's
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08120/13
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida_
Janice Rustin, Assistant City Attorney, stated the changes to this ordinance
were drafted to increase the altitude at which power paragliders fly above the city to
comply with FAA regulations. Ms. Rustin stated initially it was 300 feet over the
corporate limits of the city and the ocean and staffs have since found out that the altitude
with sections over the corporate limits of the city is actually 500 feet. She stated it makes
the power of the paragliders fly a little higher and they become into the jurisdiction of the
FAA and they are subject to FAA regulations. Ms. Rustin stated over the ocean the
paragliders are allowed to go 300 feet.
Mayor Glickstein declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 15 -13,
the public hearing was closed.
Mr. Jacquet moved to adopt Ordinance No. 15 -13 on Second and FINAL
Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr.
Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr.
Jacquet — Yes. Said motion passed with a 5 to .0 vote.
10.G. ORDINANCE NO. 17 -13: Consider amending Chapter 32
"Departments, Boards and Commissions ", of the Code of Ordinances, by amending
Section 32.08(E), "Length of Terms; Restrictions", for the purpose of removing reference
to the Neighborhood Advisory Council; repealing Sections 32.45, "Establishment";
32.46, "Composition; Appointment; Terms "; 32.47, "Organization "; 32.48,
"Qualifications of Members ", 32.49, "Duties and Responsibilities ", 32.50, "Meetings ", in
their entirety.
The caption of Ordinance No. 17 -13 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 32 "DEPARTMENTS,
BOARDS AND COMMISSIONS ", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
F'LO- -RIDA,� -BY. - -AM. ENDIN{`i a.-SEC -TION = -32 WE),
"LENGTH OF TERMS; RESTRICTIONS ", FOR THE
PURPOSE OF REMOVING REFERENCE TO THE
NEIGHBORHOOD ADVISORY COUNCIL;
REPEALING SECTIONS 32.45, "ESTABLISHMENT ";
32.46, "COMPOSITION; APPOINTMENT; TERMS ";
32.47, "ORGANIZATION"; 32.48, "QUALIFICATIONS
OF MEMBERS ", 32.49, "DUTIES AND
RESPONSIBILITIES ", 32.50, "MEETINGS ", IN THEIR
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08/20/13
ENTIRETY; AND PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 17 -13 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Glickstein declared the public hearing open.
Gail Lee McDermott, 721 S.E. 3`d Avenue, Delray Beach, FL 33483,
read a brief statement into the record regard the Neighborhood Advisory Council (NAC)
and stated NAC could not make quorum for too many meetings. Ms. McDermott
thanked the City Commission for her appointment to NAC.
Bob Schwartz, 555 S.E. 6th Avenue #1 -G, Delray Beach, FL 33483,
suggested that NAC be replaced by NICE (Neighborhoods Inspiring Community
Empowerment) which has a process which does not stop until it gets the feedback. Mr.
Schwartz urged the Commission to accept and address.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 17 -13, the public hearing was closed.
Mr. Frankel moved to adopt Ordinance No. 17 -13 on Second and FINAL
Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs.
Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr.
Frankel — Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 9:28 p.m., it was the consensus of the
Commission to move back to Item 9.A. of the Regular Agenda.
9.A. CONDITIONAL USE REQUEST /ST. GEORGE: Consider approval
of a conditional use request to allow a free- standing multiple family housing development
within the GC (General Commercial) and RM (Medium Density Residential) zoning
districts for St. George, a proposed 38 -unit townhouse development located at 1023
North Federal Highway. (QUASI - JUDICIAL HEARING)
Mayor Glickstein read the City of Delray Beach Quasi - Judicial rules into
the record for this item and all subsequent Quasi - Judicial items.
Chevelle D. Nubin, MMC, City Clerk, swore in those individuals who
wished to give testimony on this item.
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08/20/13
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he spoke with the developer, the applicant, the
attorney for the applicant, and Evan Axelbank from News Channel 5. Mrs. Gray stated
she spoke to the applicant and their attorney, and the developer. Mrs. Petrolia stated she
spoke with Mr. Gomez, Mr. Rodriguez, and Mr. Handler. Mr. Jacquet stated he spoke to
the applicant and the applicant's team. Mayor Glickstein stated he had no ex parte
communications to disclose.
Paul Dorling, AICP, LEED (GA), Director of Planning and Zoning,
entered the Planning and Zoning Department project file #2013 -158 into the record.
Mr. Dorling stated this is a conditional use request for the St. George
development to allow for a free- standing multi- family development in the GC (General
Commercial) zoning district located on the east side of Federal Highway. Mr. Dorling
stated the combined property is 3.19 acres in the North Federal Highway area. He stated
there is an existing commercial structure on it that will be demolished and a 38 unit
multi - family development is proposed.
At its meeting of July 15, 2013, the Planning and Zoning Board
recommended approval of a development proposal for the multiple family development.
The Planning and Zoning staff recommended approval of this proposal subject to the
proposed driveway connection to N.E. 7th Avenue being eliminated. The Board had a
significant discussion about it and many people who will speak tonight have similar
issues with that connection. Mr. Darling stated this property was previously approved for
a similar townhouse development. Staff recommended that the driveway connection be
eliminated to avoid this development providing traffic onto 7th Avenue and not allowing
traffic from the neighborhood to go through the neighborhood and access Federal
Highway. After significant discussion, the Planning and Zoning Board agreed to provide
clickers to the neighborhood to the south so that they could enjoy the additional access to
Federal Highway to offset some of the impact of these new residents having access to
10th. Mr. Dorling stated the applicant had agreed to do some street landscape and water
service improvements and these are attached as conditions 48, 9, and 10 if the
Commission decides to move forward with the project. He stated there was an alternative
that was provided after the consideration by the Planning and Zoning Board that limited
access to "out only" and a lane northbound for bikes and golf carts. Mr. Dorling stated
staff received notice from the developer that they wanted to go back to their original plan.
He stated at the Planning and Zoning Board meeting there was an agreement that it be
eantrol armed and it would- allow- an:eut -an in for -his communitras- wellas -the residents
on 7ffi Avenue.
Mayor Glickstein asked if the plan has mutual access to 7th Avenue. Mr.
Dorling stated this plan is inclusive of 7th Avenue. Mayor Glickstein asked if there is any
impediment to the vehicular traffic in or out of the project so 7th Avenue will continue
and connect to Southbound Federal Highway. Mr. Dorling explained that the residents
who live on 7th Avenue and residents who live in the new community would have a
clicker and would have a way to get through the gate to come and go. Mr. Dorling stated
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08/20/13
staff suggested they either go back to the proposal that has joint access or eliminate this
access altogether. He stated conditions #9 & #10 relate to the additional improvements
that the developer has offered to people along 7`" Avenue.
Mrs. Gray asked if she were to accidentally turn down that street how
would she get out. Mr. Dorling stated a 3 -point turn would have to be made to get out.
Henry Handler Weiss Handler & Cornwell P.A. One Boca Place
2255 Glades Road #218 -A Boca Raton FL 33431 (Attorney representing the
applicants KH Sandcastles, LLC), entered a petition into the record signed by 27
residents supporting the application. In addition, Mr. Handler stated Mr. Abraham (who
is out of the country) spoke in favor of the project before the Planning and Zoning Board
and requested that his letter be accepted in support of the project.
Richard Jones, Richard Jones_ Architect, Inc. gave a brief PowerPoint
presentation regarding the project.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the conditional use, to please come forward at this time.
Jack Rice, Attorney with Legal Aid Society of Palm Beach County,
represents Lawrence Hyman, 911 N.E. 7th Avenue his property directly abuts
where the proposed connection meets 7th Avenue), read a brief statement into the
record.
Kelly Eastman 1010 N.E. 8th Avenue Delray Beach FL (Martel Arms
Condomimium; resident for 17 years), strongly in favor of the project and the gated
owners' only entrance and residents entrance on 7th Avenue. Ms. Eastman stated the
outcome of not allowing this connection would be an immediate increase in the cut -
through traffic with none of the protections or improvements that are being offered to the
people on 7th Avenue. She feels these negative impacts would impact a much larger
number of citizens of Delray and urged the Commission to make a decision that is best
for the largest number of its residents many of whom are children, elderly, and disabled.
stated he is in favor of opening up 7' Avenue. Mr. Bollinger stated cars and trucks go up
and down 8th Avenue at 35/40 mph and St. Vincent's Catholic Church is on the corner so
everyone comes up 8"' Avenue and goes out Bond Way. He stated if there is only access
from US -1 to Bond Way and come down 8th Avenue it will triple the traffic. Mr.
Bollinger stated 9th Avenue used to be a dead end at Denery Lane; this dead end was
opened up five years ago to give access to five condominiums on Palm Trail. He stated
there was no heavy impact to them and feels there should not be any impact on 7th
Avenue.
Tom Russell, 909 N.E. 7th Avenue, Delray Beach, FL 33483 (lives 50
feet from the gate of St. George), stated the petition that the Commission received
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08/20/13
earlier does not have one signature from anyone who lives on 7th Avenue. Mr. Russell
stated there are 21 possible signatures; 18 have signed the petition expressing strong
objections to opening up 7th Avenue and the automatic gate. He read a brief statement
into the record and urged the Commission to not open 7th Avenue (dead end).
Carmen Ann Sanchez, 411 N.E. 7th Avenue, Delray Beach, FL 33483
(lives adjacent to the dead end barrier), stated she was informed that the dead end
could never open because the huge 30 foot six (6) fiscus trees and a pine tree growing
behind it controls water when it rains because the street floods. Ms. Sanchez stated she
would not have purchased here over the few places they were shown if it did not indicate
that Mr. Hyman was going to be safe there for the remainder of his life. She asked where
the runoff is going to go from the rain if these trees are removed and asked why the City
would endanger Mr. Hyman.
FL 33483. lives
and owns four (4) properties on 7`° Avenue (resident for 18 years), stated he purchase
multiple properties to try and clean up the blighted neighborhood. Mr. Hazelwood stated
he did not sign the petition or the developer's petition because there are too many
variables as to the traffic coming out. He suggested that the exit only might be a way to
lessen the traffic but that has been pulled off the table because he did not sign the petition
and was unable to galvanize the neighborhood to support the project. Mr. Hazelwood
stated traffic is going to be a problem for this small street. He stated he could support the
project if it were exit only. He stated the Sail Inn has eight (8) parking spots that back
out directly onto the street and another ten (10) parking spots further down that back out
and feels there is going to be a lot of problems with the traffic. With regard to egress and
ingress, Mr. Hazelwood stated everyone wants to come south out of this project and
nobody wants to come north; 75% of the traffic from this project is going to come down
7th Avenue to George Bush. Mr. Hazelwood stated he wants the landscaping, sidewalks,
lighting, and the improvements that the developers promised.
Mr. Handler stated he had no cross - examination of any of the witnesses;
however, he introduced the Traffic Engineer who addressed specific traffic counts.
John M. Donaldson, Traffic Engineer with JMD Engineering, 12773
Forest Hill Boulevard #1207, Wellington, FL 33414 briefly explained the traffic that
will be generated from this project.
Mr— Dorling had no -cress examination orrebuttal. — -- - - - -- - - - - - --
Mayor Glickstein asked for clarification with regard to condition #8 of
"either or" that the street connection for N.E. 2"d Avenue be eliminated or cross access
provided and asked whether it originated from staff, Planning and Zoning, or both. Mr.
Dorling stated staff's original recommendation was for the elimination. At that point, the
cross access was not on the table because it had not been offered by the applicant; the
project was originally proposed without the access for the residents from 7t Avenue to
34
08/20/13
go north and it was an exit only and entrance for the new residents to come in or go out
that exit delivering all the impact to the residents on 7th Avenue but no benefit.
Mrs. Petrolia stated it seems counter to that road to have it going both
ways when you can have the access coming in one direction. She stated it seems less of
an impact for the residents on 7th Avenue to have only exiting rather than exiting and
entering cars. Mr. Dorling explained what was originally proposed by the developer was
exiting and entering the project but for their residents only. He stated what was
conditioned by Planning and Zoning was to not eliminate it but provide the residents on
7th Avenue clickers to provide benefit to exit through their development to North Federal
Highway. Mrs. Petrolia inquired about the exit from the new development to open it up
onto 7th Avenue and then they were going to do some beautification on the street and the
residents can only exit one -way to George Bush Boulevard. Mr. Dorling stated all of the
landscaping and physical improvements were also part of the developer's decision to go
to two -way; the one -way exiting and the northbound limited to carts and bicycles was
something that happened after the Planning and Zoning Board made its recommendation
and prior to it corning before the Commission.
Mayor Glickstein commented about condition #8 "That the street
connection to N.E. 7th Avenue be eliminated..." and asked if that means there would be
no traffic on 7th Avenue. Mr. Dorling stated this is correct. Mayor Glickstein stated if
there is private property abutting a public right -of -way does the City have the ability to
restrict access to that public right -of -way. Mr. Dorling stated the City is obligated to
provide at least a means of access but not obligated to give them access wherever and
whenever they want it if they have primary access. The City Attorney confirmed that Mr.
Dorling's statement is correct.
Mrs. Gray stated there was mention of two entrances from Federal
Highway. Mr. Jones stated there is only one on the site plan and it is not gated. Mrs.
Gray concurred with comments expressed by Mrs. Petrolia. Mrs. Gray suggested that the
Commission consider going back to the one -way out because she feels it is safer and it
would eliminate more traffic. Mrs. Ray asked if the applicant would be willing to do this.
The applicant stated he would be willing to do this.
After brief discussion, Mayor Glickstein asked what the improvements are
to 7th Avenue. Mr. Jones stated the improvements include enhanced street lighting, a 5'
pedestrian sidewalk on the west side of the street, a 5' safe sidewalk for the disabled for
pedestrian access, enhanced landscaping, speed humps, and an increase in the water line
(a 2" water line currently serves the street). Mr. Jones stated rather than the less costly
solution of bringing water in from Federal Highway, it would bring water in down the
entire 7th Avenue right -of -way with an 8" water line increasing water pressure for all the
residents on 71h Avenue and at the same time requiring them to repave 7th Avenue. He
stated this will be a beautiful enhanced street for both pedestrian and vehicular access.
Mr. Jones stated the developer would prefer to have "exit only" per the alternative plan.
Mayor Glickstein stated with respect to Mr. Hyman and others having a sidewalk on that
35
08/20/13
street it gets them out of the street and onto a sidewalk which is a plus for any
neighborhood.
Mr. Frankel stated it is important to note that there are going to be a lot of
people wanting to bike and golf cart to the beach that would move into this
neighborhood. He stated this is a major improvement. Mr. Frankel stated the developer
meets the conditions and feels there needs to be a compromise. He stated he does not
agree that these people should have to exit and enter on Federal Highway especially on a
bike, golf cart, or any alternative transportation source other than a car. Mr. Jones stated
you would only be able to go north; and some of the other residents would make a right
on Bond Way and then come south on a to accomplish what the new residents would be
able to do by going through the exit or the gate. Mr. Frankel stated if you allow an exit
from 7th Avenue you go to George Bush Boulevard and either go south or head east to the
beach.
Mr. Hyman congratulated Mayor Glickstein for becoming Mayor and
stated he does not feel that the gate would do any good for most of the cars. Mr. Hyman
stated most of the cars would leave through the gate; the residents could back out of the
apartments versus going forward.
Mr. Jacquet stated this development is unique because it is not asking for
any conditional uses for density or height, it is not a rental, it is a fee simple ownership,
and it is at the north gateway to the city and believes this would be a nice addition to
Federal Highway. Mr. Jacquet stated when he first learned of this project he was told it
was exit out only. He stated this is a great project; however, he feels there are legitimate
concerns for the residents who live in that area. Mr. Jacquet stated if the developer is
willing to work with the residents that are concerned about the traffic he feels that
everyone can come to an agreement.
Mrs. Gray stated earlier today Nancy Stewart commented that Delray is a
place to live, work, and play. Mrs. Gray stated she would like to add "to raise a family."
She feels the project is a great example of how Delray Beach is including the family. She
inquired about the number of bedrooms per unit. Mr. Dorling stated all units are three (3)
bedrooms or more. Mrs. Gray stated she supports the project with the exit out only.
Mayor Glickstein stated the project is going to be a great addition to an
area like other areas where the city has tried to provide a catalyst and hopes this is it for
_ .. Nerth- Feder Highwa.5—He- -stated these= r- ead- impr-ovements=witli a-side-walk- i- s- going4.o
provide as much or better in terms of safety features of keeping kids and adults out of the
roadway.
After brief discussion, Mayor Glickstein stated he feels a fair compromise
is the exit out. Mayor Glickstein stated as a compromise in allowing this exit out he
would feel more comfortable with a 5' sidewalk on both sides of that street. Mrs. Petrolia
stated if not both sides of the street, then the east side of the street would be better since
the houses are all on the east side, and still put the landscaping on the other side of the
36
08/20/13
street. She stated that way there is a balance on the street and at the same time providing
the sidewalks where the people are actually living.
Mr. Jacquet stated he concurs with the developer that the west side is
better for the sidewalk because not only is it more in proximity with their actual
development where people exit and enter, it avoids running through peoples driveways or
along the neighbors' homes causing more disruption to the residents. Mr. Jacquet
reiterated that he feels the sidewalk should be on the west side of the street; however, if
there can be two (2) then he would support it.
Mr. Dorling stated it is his understanding that a 50 foot right -of -way could
accommodate sidewalks on both sides; if the Commission were to make this a condition
of approval staff could work towards that and if it were less than that and could not be
accomplished then we would not require it but if it is available and possible staff would
have the developer get it done.
After brief discussion, it was the consensus of the Commission to make it
a condition of approval that a sidewalk be installed on both the east and the west side of
7th Avenue provided there is right -of -way for it.
The City Attorney stated that condition #8 be modified to read "That an
exit only access to N.E. 7th Avenue from the development be provided for vehicular
traffic which would include the ability for golf carts and bicycles previously depicted in
accordance with the developer's sketch. The City Attorney stated it would be in and out
for bicycles and golf carts and exit only for vehicles. The City Attorney stated that
condition 49 be modified to read "Provide landscaping (located only on the west side)
and five (5') foot wide sidewalks be installed on both sides of N.E. 7th Avenue provided
sufficient right -of -way exists as determined by the City Engineer, that speed humps,
enhanced street lighting, improved water service and street paving are provided on the
exhibit provided at the Planning and Zoning Board meeting for N.E. 7th Avenue north of
George Bush Boulevard based upon the City's LDRs, policies, and direction and
approval by the City Engineer." The City Attorney stated the condition #9 be modified to
read "A landscape maintenance agreement be provided for the landscape improvement
along N.E. 7th Avenue and that the HOA of the St. George Project shall be responsible for
the costs associated with this landscaping including maintenance, irrigation, and water
meter as determined by the City in accordance with the Landscape Maintenance
Agreement. The HOA documents shall include this responsibility in perpetuity." The
City Attorney suggested that conditions #8, #9, and #10 be completed prior to the
issuance of CO's for the project as condition #11 and that condition #12 be added to read
that "No construction traffic shall be allowed to enter or exit onto N.E. 7th Avenue,
except provided for the construction with the improvements of N.E. 7th Avenue."
Brief discussion between Mr. Jones and Mayor Glickstein followed. Mr.
Handler stated the developer agrees to barricade that entrance.
37
08/20/13
Mr. Jacquet moved to approve the Board Order approving the conditional
use request subject to the amended conditions listed on Exhibit "A ", seconded by Mrs.
Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein Yes; Mrs.
Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion
passed with a 5 to 0 vote.
Mrs. Petrolia moved to approve to extend the meeting past 11:00 p.m.,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia —
Yes; Mr. Jacquet — No; Mr. Frankel — No; Mrs. Gray — Yes; Mayor Glickstein — Yes.
Said motion passed with a 3 to 2 vote, Commissioner Jacquet and Commissioner Frankel
dissenting.
At this point, the time being 11:49 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 18 -13: Consider approval to individually designate
the property located at 2 Fisher Lane, as "Two Fisher Lane ", and list it on the Local
Register of Historic Places. If passed a public hearing will be held on September 3, 2013.
office.)
The caption of Ordinance No. IS- 13 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
DESIGNATING TWO FISHER LANE, LOCATED AT 2
FISHER LANE, AS MORE PARTICULARLY
DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE;
PROVIDING FOR THE AMENDMENT OF THE
"ZONING MAP OF DELRAY BEACH, FLORIDA,
JANUARY 2012" PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 18 -13 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is
approval to individually designate the property located at "2 Fisher Lane" to "Two Fisher
Lane" and list it on the Local Register of Historic Places. Mr. Dorling stated the LDRs
require property to fulfill one or more criteria set forth in LDR Section 4.5.1(B) and the
site is being considered for listing on the Local Register of Historic Places as it fulfills the
criteria of (B)(2) for its historical and cultural significance and criteria as it relates to
architectural and aesthetic significance.
38
08/20/13
At its meeting of August 7, 2013, the Historic Preservation Board (HPB)
and there was unanimous recommendation of approval for this designation.
Mrs. Petrolia asked why we are doing this. Mr. Dorling stated it is the
owners of the property desire to have it named that way.
Mayor Glickstein clarified that it is not the numerical difference that the
Commission is approving but it is historical designation.
Mrs. Gray moved to approve Ordinance No. 18 -13 on FIRST Reading,
seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Gray —
Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion
passed with a 4 to 0 vote.
12. COMMENTS AND INOUHUES ON NON - AGENDA ITEMS.
12.A. City Manager
The City Manager stated staff is trying to manage the agenda.
Secondly, the City Manager stated Friday is the last day of employment
with the City of Delray Beach for Douglas Smith who has served as Assistant City
Manager for the last seven (7) years and served as Interim City Manager for four (4)
months. The City Manager stated Mr. Smith is taking a position with the City of Margate
as Assistant City Manager and wish him the best. The City Manager stated Mr. Smith is
a gentleman and an excellent professional.
12.B. City Attorney
The City Attorney had no comments or inquiries on non - agenda items.
12.C. City Commission
12.C.1. Mrs. Gray
Mrs. Gray asked about the Downtown Development Authority (DDA) and
stated they have pulled out of their partnership with the Delray Beach Downtown
Marketing Cooperation. She asked what they are doing with the $45,000 because they
still benefit from the tree and other events. Mr. Barcinski stated it is his understanding
that they are still going to contribute $45,000.
Secondly, Mrs. Gray asked if the City is training someone to handle
special events. The City Manager stated the City does not have a successor as it stands;
however, staff would have to do some immediate succession planning in that regard.
Lastly, Mrs. Gray commented about the Florida League of Cities
Conference this weekend and she will provide an update at a later meeting.
39
08/20/13
12.C.2. Mrs. Petrolia
Mrs. Petrolia commented about an article in the Sun Sentinel and was
entitled Operation Dirty Water and alleged that gifts were made to certain employees in
the town. Mrs. Petrolia asked if there are rules about City employees accepting gifts
from vendors that are looking for contracts. The City Manager stated the Palm Beach
County Ethics Commission is active and applies to all of the communities within Palm
Beach County and the Ethics Code requires everyone to annually train employees on
what is acceptable and what is not acceptable in terms of gifts or any types of gratuities.
12.C.3. Mr. Jacquet
Mr. Jacquet stated something needs to be done about the sidewalk cafes.
The City Manager stated staff will begin Monday with strict code enforcement.
Secondly, Mr. Jacquet stated on Thursday, August 29, 2013 at 2:00 p.m.
there is going to be a webinar on New Pension Reporting Requirements. He stated there
was someone at the Florida League of Cities Conference who presented that.
Mr. Jacquet stated he, Commissioner Gray, and Commissioner Frankel
had the opportunity to attend the Legislative Conference of the Florida League of Cities
in Orlando. Mr. Jacquet stated there were some resolutions that the League supported
such as Florida City Government Week which is October 20 -26; a resolution
commemorating Florida's 500th Anniversary; a resolution commending the Florida
Association of City Clerk's (FACC) for its 40th Anniversary; a resolution for the Florida
League of Cities urging the administration and Congress to preserve the current tax
exempt status of municipal bonds and reject any proposal that would reduce or eliminate
the Federal tax exemption on interest earned from tax exempt municipal bonds. He
stated that is a big issue and the Federal Action Strike Team (FAST) is working on that as
well and they are going to Washington, D.C. to see the legislators and lobby on the City's
behalf.
Mr. Jacquet stated he attended a Workshop and the new mandates with
regard to the Police and Fire Pension Plan and Jim Linn was presenting. Mr. Jacquet
stated one of the State legislators was there learning about GASB. Mr. Jacquet
commented about the Recreation Development Assistance Program booklet.
12.C.4. Mayor Glickstein
Mayor Glickstein stated there is a special meeting next week and the only
item for discussion is regarding the budget.
Secondly, Mayor Glickstein asked when the Commission can expect a
draft of the procurement ordinance. The City Manager stated the Commission can expect
a draft by the end of this month. Mayor Glickstein requested that the following two (2)
items be on that special meeting: (1) a draft of the procurement ordinance subject to the
availability of it being done, and (2) the budget.
40
08/20/13
Mayor Glickstein commented about a letter regarding the Shark Fishing
ordinance.
Mayor Glickstein commented about the Sun - Sentinel's coverage of the
track record of the sexual predators in the city and requested an item be placed on the
City Commission agenda of September 3., 2013, that the Police Department address what
the City is doing to identify sexual predators within the City of Delray Beach.
He stated with regard to the issue of the parking garage someone
commented that the Commission approved this parking garage. For clarification, Mayor
Glickstein stated the Commission has not approved anything relative to a parking garage.
Mayor Glickstein stated there was a fee provided paid by the CRA and budgeted of
$750,000 for design and if the City is paying an architect 10% of construction to design
what essentially is a box then the City is overpaying for those services.
Mayor Glickstein stated staff has discussed some ordinance changes and
the in -lieu parking fee increase. Also, Mayor Glickstein stated he would like to know
whether that is an LDR change or ordinance change to reflect a real amount for parking
which should include some CPI increase.
Lastly, Mayor Glickstein stated with regard to Code Enforcement it has
been a failure in terms of enforcing the right -of -ways and the City has failed not only the
handicapped citizens but the pedestrians that are fighting for space between these tables
and chairs at the sidewalk caf6s. He suggested moving this enforcement into the night
time department of this city which is the Police and gives the Community Service
Officers and Police Officers the ability to make some changes.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 12 :09 p.m.
ATTEST:
YOR
City Clerk
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on August 20, 2013, which Minutes were formally approved and adopted by the City
Commission on October 1. 2013.
41
08/20/13
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
42
08/20/13
IN THE. CITY 0Q.WJSs1QN
CAMBERS Of THE:Q.Ty OF
DELRAY: BEAQH . FLORIDA
ORDER; OF THE CITY COMMI6810N
OF TH.E.CITY-01FOEILOWAYBEACH, FLORIDA
CONDITIONAL USE REQUEST FOR ST. GEORGE
1. This dhditiofiAl Use tequestI . ha come before, the C Gom .
M is lf on. on
August 20, 2013
2. T pros..'
bg�- Applkantl And Cif ented doOomentary evidence and
testimony to. the, City CQMmj4siQn pprtai n: ng: tip the. c9ndi.t onal use request for St
George. All the evidence: a part of the woo
.4 1., this case. undings
To. Required f pre
ita& in at It.dphte.vith Sub wc.lkii§ I aw I I.
1. COMPREHENSIVE PLAN'.
a. C-oinDrahen$!Vd -Plan`-Futuro Land�.0 o -and Maw, Is the 4pturo use and:
Intensity of tFie d6veiopmeot Consistent with: the toture, land use Map :arid
oo 'o-pog' aphis, 'other
terms of too, ti 6n.d'
h0haiVe' pftn- and h�'it ap*p7ro'pnate, iln t .
ap -able physical cons idprqti6i -I-' ''t .1 t adjacent' land uses, and fulfills
c. .. men ar - - 0
pjic .. . p e �y
reMol' ng land use needW?
Xirs V(
b_ Concurtency bonctirrenc as deflfted putsuan't -.2'
to. Objective B of
thp..- Land Use, Element; of th" C"--- higivo Platt must be met anti -a deteftinati-on
0 , Pmpre- e u
made that. the.; pqlpliq facilit y n 04 of tl1p: rpq q es U$� Ondld development
.Ap ka not the -ability. pftho'C 'City u Vi or to opq "m the.
P n*ll -med end: andprp d gi
16
(OVsi,oh,of, needed, capital imprc)vem.ehts:fortho:'fo.l" ings.reac
Are the -con c(irrenc)r to pilreirne Ots
-.Met as:.feapoet' to watersewdr,.
space solid waste and
.dra lnag6' stt"% and traffic; ;,g sj open
schools?
Yes.- V., W.
City Commission Meeting on August 20, 2013; Item 9.A.
EWA !- Pkrrsuant to L tion 4'A9('
j3c.-Jl
multiple family' dd— I are considefed. .6dridiltional uses, —in the �VT- qpm
( General d6ffiMet-claQ-,%*hfilq dittriel.
.ay LDR.Section R 2,4.6(E*) e j
mired Pindilhasz.. �&nditional Pursuant:
Is]
�Jna di OfftoprovA vae w
i. Have r significantly detriri erital effect: Iti
pan the stability Of to
n- od 6 hT which it 04.11. b- lo 'f
qhborho.--.. W.M.P. Od;.
N 0 T that; ft-will hinder devp
o enf.bt r,
0 h0w 9,
propelltiel§.
mot subject -fothe attached Mit"..,
i ion
yes: WO'.
3. Th' witimen ft and :rides t6t. forth' in the staff rqp -drt
ate. here bY
.1 loorpprated herein:..
41 J n h%. ap p1lad th
'Om Pro he psjjVe - P.1 a.n and: L, R,-,
.rd diremen-t Fin exigteficd tt lh& flnd.the: conditional . ti . 'eqUettMala'SUbMitted.
Thet " ComMIW4 n fjmda, there s ample an p9mpefe nt bstI a substantial I
evjOe nc tp:sqppqrtr Itp f ind
jpgw In t o re sob l> fitted Ojid adopts th f4d cohttt e
d
.al .
J I h the recb—rd ihd.hUdllhq bUt riot: liffi fted 6-1he sir reports, to.tj 'of e p h-d other
competent wit ,!.t
nessea suppq... Ing these findings.
Basd4.ojilbe.ehti; *feco-vd- before it-, the. Git.y.*:'Cb.'hirriitsiohl.-apotoV.et., �.
denles. the ecpdrtienaf use request subject tp.; the condition of` approval �(,Whed.
At i*,, Thil bl'l : COMM. litsJoh hereby; ad.O.pUJh(S`Or . r this of
hiar,oto it, Exi de j20th day
City Commission Meeting on August 20, 2013; Item 9.A.
EXHIBIT .. . ... . .9 . ..
XHIBIT 'A-7
CONDITIONSOVAPOROVAL FOR, ST. GEORGE
L . Apprmfof a site 'plan by $P'' F AO t . is Jn. general conformance to the sq�m i e d
sketch plan :and; :addresses the ":Exhibit "A" — TmhOiqa
j jtemsU a*ttapheo in the
That An .easement: be. an approved' -she shelter 1W onsit
t proVid.Od ld.ci"p ed.,�.Os. 16sta. e,
3. That tho.. la n.dscape plOn iv .mv J�ed, to indicate fiha
t 2040ot high Te.. es; be: planted
along thqnofto.' priDp&4 tine; adjacent jo:jh6*ILL 2bh6d
..utt provided 4, That-tha f.eq e.d .T 6 I.Or eh: RM;zon.,od townbornes,
That;-.ta' townhomes: be revised t. P a.11 - a -Min . rn..qqrggq depth: ,of .19 feet.
pravide d that Stom.90 areas dro ifid-kid-6d within the gaitage. If the storage areas
4f :hot:provided,.thC'rhihiiyiuitd8oihshaI' bd-.20feet .
6 T1 . W : -Q--'C.**' I ra . 0 provided at the pop.Vdubhovse area and .replace the.
a AV:c rh
�b p Jepla e
ch4h link fence with. a rod 1 . rpri fence,
7; That the. equipment. for th.-6. PAAY. atea be pitovided- and that they be oriented.
toward. (Oddlers..,
0. That an exiit only access. tq. R.E. 70 ..Avenue from the. clevelbbm'.6int be
ProVidPO f& vehidOlar traffiq An opening tb.. ac whi'rnbidat6: Oedestridihs,
bidyclet and. golf :carts :shall also. be provided. TheHdmeOMer8-Aqso.cWf1oh.
l
dooUM-6nts.:n-ee.dtd,;Inc-1,Ude ibis gs.:amain.tenanc-.eire a
P lrkep ace responsibility
of 11
of the A s so On. in perpetuity. Ity.. The documents will also to dentrly that
ere, will be nor cast -to th Os e *JAenpes:qj.Q
14E7' Av O
nme
9; Provide! landsda.phig Oodated -,On the V#a !Mde . ),. fiVe. f6bf widev 6c(Owalk$
(16bated on both sides :of the .street provided '!5
there O(io igh �f6hf of way.
W I idth ar. d . etermined by the City Engineer). . speed
hu.. ps, enhw. 'st.w
lightirig.,improved water service .(repla ing, the T water. main with 'W
8"' atOr
.:On
rna#9, Ohl stri" ee pawing t in are OebAd6d as noted on thd..6khibit provided at the
oar N th 'eftu
Pl.ain.hihg;�nd,Z,'oni'n,g,:B"o" Meeting
for :NE 7 AV .61 (north of George B,usft
Boulevard] in acCordaryce With th- e city's policies; guidelines a nd Land
Develop Regulations. an direj� qd approved by 't City.
Mont d mi 100 by a p
Engineer:
3 City Commission Meeting on August 20, 2913; Item 9-A.
"I 0'. TFie l ievieloper shall sign the pity's; standard Iandsoapo; r0alntenan+�e agreement:
for tkte:la.ndscape; imj�. Qverne�nt along .Nl= 7 '. r enue °and the HOA. documppts for
them deveCapment shall pr Ov We tale pfn, pwner : assoGati i_s bf tl x:: St
George pfq . Will be rasportsiblex in per pettjity� fctr tie: sts> associated W th
this; landsp'aping Including M- Antertance,: irrigation, antl,. water meter as
4eWiinjhed iy the it l in 9 rdance, with the Landscape Matntena*
�g ree.trient.
11,Na Eert[ oa .of Occ.panty shat[ be 1 U-6d. ft the D!eveaQper for arty paK Ot
portion of the project until all tnrork figs been ca.rtipleted and: approved by the city'
regarding N.E. 7 Averiu. .. as -it. relates to:.con:difions 8 =10:,.
12. Na construct €on trafft�� S,i7ali be. alrowed to enter or exit onto N.. P. 7th Ave 4O.;..
unless such traff'ie is relotell to th4Irr otOVem6hts Hof - N-.E.. 7th Avenue: Developer
shall k04h appropriate: stepa tol�insure that th(s :conditiioh is, followed.
4 City Commission Meeting on August 20, 2013; Item 9.A.