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12-10-13 Regular Meeting MinutesDECEMBER 10, 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, December 10, 2013. 1. Roll call showed: Present- Commissioner Shelly Petrolia Commissioner Alson Jacquet (arrived at 6:04 p.m.) 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 Mayor Glickstein. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of September 10, 2013 Workshop Meeting, 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. Mr. Frankel moved to approve the Minutes of the Regular Meeting of October 15, 2013, 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 vote. Mrs. Gray moved to approve Minutes of the Regular Meeting of November 5, 2013, seconded by Mr. Frankel. 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. 12/10/13 5. PRESENTATIONS: 5.A. Reco2nizinjz and commending Nancy K. Hurd for her multitudinous contributions Mayor Glickstein read and presented a proclamation hereby recognizing Nancy Hurd for her multitudinous contributions to the children of the city. 5.A.1. RESOLUTION NO. 60 -13: Approve Resolution No. 60 -13; provide authorization to name the east -west public alley located between Lake Ida Road and N.W. 4c' Street "Nancy's-Way", as requested by the Board of Directors of the Achievement Center for Children and Families (ACCF). The caption of Resolution No. 60 -13 is as follows: A RESOLUTION OF THE COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, NAMING THE EAST - WEST PUBLIC ALLEY BETWEEN LAKE IDA ROAD AND NW 4TH STREET "NANCY'S WAY' PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 60 -13 is on file in the City Clerk's office.) Mr. Frankel moved to approve Resolution No. 60 -13, seconded by Mrs. Gray. 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. At this point, Nancy's staff came forward and thanked the City Commission for granting their request. In addition, Nancy Hurd gave a few brief comments. At this point, the Commission moved to Comments and Inquiries on Agenda and Non - Agenda Items from the City Manager and the Public. 6.A. City Manaeer's response to prior public comments and inquiries. With regard to an inquiry about the status of the Waste Management case, the City Manager stated the City is scheduled for trial in February 2014 and the City has expended to date approximately $45,000. Secondly, with regard to an inquiry about 1201/1205 Bond Way and Federal Highway, the City Manager stated both properties have been acquired by Grape Vine House, LLC and the second floor space has been converted to office space housing 2 12 /10 /13 business offices servicing clients in recovery; for individual and group therapy. He stated the space that once contained a consignment store has been converted into an office also. The City Manager stated the City changed the look of its water bill but the net affect bill bottom line remains the same; some of the sub -costs that were associated with the production of water have been broken out. The City Manager stated the City has opted not to continue with joining in the Governor's Amicus Brief regarding the National Flood Insurance. Today, the City Manager stated the following states have filed Amicus Briefs: Florida, Alabama, Massachusetts, South Carolina and Louisiana. The City Manager stated the City has discussed the possibility of filing a resolution in support of the State's involvement. With regard to Commissioner Gray's concern about House Bill 141 and Senate Bill 417 pertaining to the Florida Enterprise Zone Act, the City Manager stated 12,000 Senate versions of the Bill are proposed to postpone and repeal the actions so the Act would extend it from December 31, 2015 to 2025. With regard to the advertising on trolleys, the grants allow the City to consider it; however, pursuant to the LDRs it is currently not allowed. The City Manager commented about Senate Bill 342 and 309. He stated the state currently pre -empts the issue of the smoking regulation. Therefore, the City Manager stated staff suggests that a resolution to show the City's support of the proposed legislation would be appropriate for the City Commission to act on. Lastly, the City Manager stated the Engineering Department plans to do traffic counts on George Bush Boulevard. 6.B. From the Public. 6.B.1. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane 42110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), briefly spoke about the numerous vacant positions in the city and suggested anger management classes. 6.B.2. Josh Smith 3616 Avenue De Gien Delray Beach FL 33483 briefly spoke about the Atlantic Crossing development project and referenced an email he sent to the City Commission about the developer not inviting any local businesses from the black community to participate. Mr. Smith read a brief statement into the record. 6.B.3. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, thanked the City Manager for his comments regarding the Waste Management contract. 3 12/10/13 Secondly, Ms. Moody commented about people coming to the Commission meetings making everything about black and white. She stated she is giving back to the community by helping to clean up around the city. 6.B.4. Sylvia Gillion, 2146 SW 13th Street, Delray Beach, FL 33445, expressed concern that she does not want the City of Delray Beach or anyone else to get a misunderstanding that Delray Mothers Against Violence has anything to do with the political campaign for Ms. Brinson. Secondly, Ms. Gillion stated for their event they need speakers with an amplifier and a microphone and asked what is required of them to have this event take place as it did in January 2013. Ms. Gillion stated they would like the walk to start in the back of City Hall to walk the back way through the community. She asked what they need to do in order to get this noise waiver and to get the support from the city regarding this matter. 6.11.5. Mary Alford, 31 N.W. 14th Avenue, Delray Beach, FL 33444, thanked the City Commission for responding to their request for the street fixing at Martin Luther King Street and NW 12th Avenue. Secondly, Ms. Alford thanked Mayor Glickstein for the prayer this evening. Mrs. Gray stated staff will get back to Ms. Gillion regarding the noise waiver. Mr. Jacquet thanked Mrs. Alford for taking the time to speak at the City Commission meeting and thanked staff for responding to her so quickly. 7. AGENDA APPROVAL. The City Manager requested that Item 8.0.3 through 8.0.7. be removed from the Consent Agenda. Mr. Frankel stated he received an email from the City Clerk at 4:32 p.m. today regarding Mr. Newman's letter about the plat approval for 1001 Hibiscus Lane and noted he did not have the opportunity to go through it. The rest of the Commission stated that they too have not had the opportunity to review. The City Attorney suggested that the Commission discuss this when they actually get to Item 9.11. (Final Subdivision Plat Approval and Waiver Request for 1001 Hibiscus Lane Plat) since it is a Quasi- Judicial Hearing and make their determination at that time. Mrs. Petrolia requested that Item B.J., Agreement for Consultina/Professional Services/International Enterprise Development be moved from the Consent Agenda to the Regular Agenda as Item 9.A.A. 4 12/10/13 Mrs. Gray moved to approve the Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 57 -13 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS /65 PALMSQUARE): Approve a tax exemption request for eligible improvements to the property located at 65 Palm Square within the Marina Historic District; and approve Resolution No. 57 -13. The caption of Resolution No. 57 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO PATTON INVESTMENT, LLC. FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 65 PALM SQUARE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(J); PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 57 -13 is on file in the City Clerk's office.) S.B. FINAL SUBDIVISION PLAT APPROVALIDELRAY VILLAGE SHOPPES (f/k/a LINTCO DEVELOPMENT): Approve a final plat for a new shopping center development to be platted as Delray Village Shoppes (fl`kla Lintco Development) located on the north side of Linton Boulevard, west of S.W. 4' Avenue. 8.C. REQUEST FOR SIDEWALK EASEMENT AND SIDEWALK DEFERRAL AGREEMENTS11108 NORTH VISTA DEL MAR DRIVE: Approve acceptance of a sidewalk casement and sidewalk deferral agreement along North Vista Del Mar Drive associated with the additions and alterations to the property located at 1108 North Vista Del Mar Drive. S.D. RESOLUTION NO. 55 -13• ABANDONMENT OF UTILITY EASEMENTIGROVE AT LAKE IDA: Approve Resolution No. 55 -13; Grove at Lake Ida - Resolution No. 55 -13 — Abandonment of a 16' Utility Easement running north and south from Northwest 12th Street to Grove Way in Delray Beach, Florida. The caption of Resolution No. 55 -13 is as follows: 5 12/10/13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT DEDICATED BY EASEMENT DEED, AS RECORDED IN OFFICIAL RECORDS BOOK 1856, PAGE 642 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A "; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 55 -13 is on file in the City Clerk's office.) S.E. HOLD HARMLESS AGREEMENT/ 2225 SOUTH OCEAN BOULEVARD: Approve a Hold Harmless Agreement with Delray Villages by the Sea, LLC., to install and construct utilities in the State DOT right -of -way at property located at 2225 South Ocean Boulevard. 8.F. AMENDMENT NO. 3 TO THE INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRAI/CONSTRUCTION PROFESSIONAL SERVICES FY 2012 -2013: Approve Amendment No. 3 to the Interlocal Agreement between the City and Community Redevelopment Agency (CRA) to modify Exhibit "A" to reflect the actual amount of funding provided by the CRA for the projects at the end of FY 2012 -13. 8.G. CHANGE ORDER NO. I/ROSSO SITE DEVELOPMENT, Approve Change Order No. I with Rosso Site Development, Inc. for a contract time extension of twenty -eight (28) days; and approval in the amount of $13,127.72, for the installation of drainage structures, pipe and sidewalk removal and replacement, to be paid out of the contract's Undefined General Allowance, to Rosso Site Development, Inc., for the Osceola Alleys Phase I Project. Cost to be funded out of the Contract's Undefined General Allowance. 8.H. LANDSCAPE MAINTENANCE AGREEMENT 1924 SOUTH OCEAN BOULEVARD: Approve a Landscape Maintenance Agreement with Lidia Anna Soltysik- Kaminska, Zygmunt Kaminski and Piotr Marcin Kaminski for landscape installation within the right -of -way at 924 South Ocean Boulevard. 8.I. LANDSCAPE MAINTENANCE AGREEMENT/DELRAY PLACE, LLC.: Approve a Landscape Maintenance Agreement with Delray Place, LLC., for landscape installation within the right -of -way of Eve Street. S.J. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. S.K. TRIPARTITE INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA): EAGLE NEST PROGRAM PROJECT: 6 12/10/13 Approve a Tripartite Interlocal Agreement between the City of Delray Beach, the Delray Beach Community Redevelopment Agency (CRA) and the School Board of Palm Beach County, Florida for the Eagle Nest Program Project 43 at Atlantic High School Career Academy. S.L. VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES AGREEMENT: Approve a Vote Processing Equipment Use and Election Services Agreement between the Palm Beach County Supervisor of Elections and the City for conducting municipal elections. S.M. RESOLUTION NO. 59 -13: Approve Resolution No. 59 -13 regarding the March 11, 2014 First Nonpartisan and Special Elections. The caption of Resolution No. 59 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A NONPARTISAN ELECTION AND A SPECIAL ELECTION TO BE HELD ON TUESDAY, MARCH 11, 2014; AND A SECOND NONPARTISAN ELECTION, IF NECESSARY, TUESDAY, MARCH 25, 2014; ALL ELECTIONS SHALL BE HELD WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY BETWEEN THE HOURS OF 7:00 AM UNTIL 7:00 PM; THE NONPARTISAN ELECTION SHALL PROVIDE FOR THE ELECTION OF TWO CITY COMMISSIONERS AND THE SPECIAL ELECTION SHALL PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGE PRESENTED IN ORDINANCE NO. 32 -13; PROVIDING THE TINE, MANNER AND MEANS OF HOLDING SAID ELECTIONS, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Resolution No. 59 -13 is on file in the City Clerk's office.) S.N. PROCLAMATIONS: 1. Calling for the First Non - Partisan and Special Elections to be held on March 11, 2014 8.0. AWARD OF BIDS AND CONTRACTS: 1. Award to PVS Technologies, Inc. in the amount of $260,000.00 for the purchase and delivery of liquid ferric chloride for use at the Water Treatment Plant (WTP) FY 2014. Funding is available from 441 - 5122 -536 -52.21 (Water & Sewer Fund: Operating 7 12/10/13 Supplies /Chemicals). 2. Purchase award to Florida Bullet, Inc. in the amount of $52,775.60 for ammunition for training and on -duty use for the Police Department. Funding is available from 001 - 2111 -521 -52.20 (General Fund: Operating Supplies /General Operating Supplies). 3. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 4. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 5. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. b. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 7. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. AGREEMENT FOR CONSULTING/PROFESSIONAL SERVICES/ INTERNATIONAL ENTERPRISE DEVELOPMENT: Approve the Micro Enterprise Technical Assistance Consulting Agreement with International Enterprise Development, Inc. in the amount of $50,000.00 to establish the Delray Beach Micro Enterprise Program providing for technical assistance and loan funds to eligible business owners. Funding is available from 118- 1965 - 559 -49.59 (Neighborhood Services: Other Current Charges /Micro Lending) and 118 - 1966 - 559 -49.59 (Neighborhood Services: Other Current Charges /Micro Lending). Lula Butler, Director of Community Improvement, stated this item is a request to approve the Micro Enterprise Technical Assistance Consulting Agreement with International Enterprise Development, Inc. in the amount of $50,000. At its regular meeting of June 20, 2013, the City Commission agreed to enter into an Interlocal Agreement with the Community Redevelopment Agency (CRA) to establish the Delray Beach Micro Enterprise Program providing for technical assistance and loan funds to eligible business owners. On October 13, 2013, the City issued a Request for Qualifications (RFQ) for the technical assistant component of the program and two firms responded. Staff recommends that the contract be awarded to International Enterprise Development, Inc. (IED). 12/10/13 Vin Nolan, Economic Development Director with the Community Redevelopment Agency (CRA), stated they have been trying to move forward with this and they now have their guidelines in place. Mrs. Petrolia stated she fully supports this but inquired how the City is going to reach those people that would benefit from this program. Mrs. Butler stated Nigel Roberts, Neighborhood Services Administrator, will be the responsible staff person that will monitor and will make sure that the performance measures are met. She stated the City does a type of outreach with advertising, knock on doors, and send out letters to various organizations to facilitate information through. Mr. Nolan stated Elizabeth Burrows, Economic Development Manager, conducts grant workshops and so small businesses who participate in that will also get this information. Mr. Jacquet stated he has had the opportunity of attending those grant programs workshops and they are quite helpful for the small businesses. He stated OPPAGA (Office of Program Policy Analysis and Government Accountability) did a study last year and had three recommendations for Enterprise Zones: (1) to do away with them altogether, (2) to allow them to sunset as per the sunset date, and (3) to change the structure and qualifications of Enterprise Zones. Mr. Jacquet stated on the State level he and Commissioner Gray are both members of the Economic Development Group Management Committee for the Florida League of Cities and one of the major pieces of legislation they are pushing is to propose those changes for Enterprise Zones that would allow the legislature and the current Governor to feel comfortable enough with Enterprise Zones to keep them. Mr. Jacquet expressed concern over how much work this organization will be able to do if we stop the Enterprise Zones. Mr. Nolan stated it will have no impact on this program; this is a locally sponsored and initiated program that is not constrained by the geography of any particular zone. Mr. Nolan stated there are Target areas that they are focused on both in West Atlantic and Osceola Park. Mr. Nolan stated although there were several inquiries there were only two well qualified organizations that offered because their guidelines were pretty stringent. Mr. Nolan stated this particular provided has an extensive amount of experience both in Florida and internationally. Mr. Jacquet stated it is crucial to have a local organization that is able to get in touch with the community; however, he feels that too many times in the past and now certain communities are being exploited. Mr. Jacquet stated he understands the community that needs it most and does not want to see is the community not really getting what they need. Mrs. Gray stated as a small business owner she is very excited about this program. Mrs. Butler stated at least 51% of them have to be low income to meet below the poverty level but the businesses have to be located within the CDBG or CRA area. The boundaries for CDBG are Federal Highway, Lake Ida North to Linton Boulevard west of 1 -95. 9 12/10/13 Brief discussion between Mr. Nolan and Mrs. Gray followed. Mr. Frankel moved to approve Item 9.A.A. (formerly Item 8.1), 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.A. WAIVER RE UESTSIUPTOWN DELRAY: Consider approval of three (3) waivers to Land Development Regulations (LDR) Sections 4.4.13 (17)(1)(c), "Floor Height ", 4.6.18(B)(14)(iv)(2), "Window Area ", and 4.6.18 (B)(14)(vi)(4)(b), "Garage Facade ", associated with the Class V site plan for the Uptown Delray project located on the north side of S.E. 2nd Street, between S.E. 4th Avenue and S.E. 5th Avenue. (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, City Clerk, swore in those individuals who wished to give testimony on this item.. Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Frankel stated he previously met with the attorney and the applicant. Mrs. Gray stated she met with the attorney and the applicant. Mayor Glickstein stated he had no ex parte communications. Mrs. Petrolia stated she spoke to the attorney and the applicant. Mr. Jacquet stated he has the same ex parte communications as the previous time this item was discussed. Mark McDonnell, Interim Director of Planning and Zoning, entered the Planning and Zoning project file 42013 -031 into the record. Mr. McDonnell stated this is a mixed -use development consisting of residential, retail, and structured parking. He briefly reviewed the aerial displaying the existing property and the three waivers associated with this development. He noted this project was recommended for significant changes throughout the review process. Mr. McDonnell stated SPRAB recommended approval of the three waivers and staff also supports. Michael Weiner. Weiner, Lvnne, Thompson, P.A., 10 S.E. 1St Avenue, Delray Beach FL 33444 Attorne y representing the applicant, stated they are aware of the requirements of LDR Section 2.4.7 and is happy to have had the success with SPRAB, the Planning and Zoning Board, and the City Commission regarding the conditional use. Mayor Glickstein asked if SPRAB's vote was unanimous. Mr. McDonnell stated SPRAB's vote was unanimous. Mayor Glickstein stated in the future he would like to see the vote included in the Planning and Zoning staff report. 10 12/10/13 Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. Mayor Glickstein asked Mr. Weiner to explain the term "ghosting" with regard to the garage facade. Mr. Weiner stated there is an unusual situation concerning that particular facade and noted this is across from the AT &T building (i.e. the west elevation). Mr. Weiner stated a better approach to the facade was to carry out a residential theme that allowed them to still hide the garage but allow the residential to have some kind of relationship to the rest of the structure and that it blend with the residential structures that are further down the street to the south. Brief discussion between Mayor Glickstein and Mr. McDonnell followed. There was no cross - examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Jacquet moved to adopt the Board Order as presented, 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. 7acquet — Yes. Said motion passed with a 5 to 0 vote. 9.B. FINAL SUBDIVISION PLAT APPROVAL AND WAIVER REQUEST FOR 1001 HIBISCUS LANE PLAT: Approve a final plat and a waiver for a 1.68 acre residential development containing three (3) single - family lots to be platted as 1001 Hibiscus Lane Plat. (Quasi- Judicial Hearing) The City Attorney briefly discussed a letter from an Attorney who was just brought on board and based on that they would request that the Commission postpone it to allow them to further evaluate the case. Randal Krejcarek, Director of Environmental Services, stated the Planning and Zoning Board voted 5 to 0 to approve on November 18, 2013 with the condition that all comments under the "Technical Items" section of the P &Z staff report be addressed and that the applicant's attorney provide a written opinion on use of the prescriptive easement prior to scheduling the plat for City Commission action. All of the technical items have been addressed and the applicant's attorney has provided a letter addressing this issue. Mayor Glickstein stated he does not feel it is fair to the applicant that staff received a letter the night before the meeting. 11 12/10/13 Mr. Jacquet asked if this was an attorney they recently retained. Mr. Frankel stated according to the first paragraph this attorney was engaged yesterday. Mr. Jacquet stated had they had this attorney back then he would agree with Mayor Glickstein; however, since they recently retained an attorney and this issue has a legal issue intertwined with the easement he suggested that the Commission postpone this. Mr. Jacquet asked if there are any deadlines that could negatively affect the applicant if this were presented at the next meeting. Chuck Halberg, 205 George Bush Boulevard, Delray Beach, FL 33483, stated this has been going on since prior to July 2013. Mr. Jacquet stated as a quasi-judicial hearing he feels that he afforded the same respect that a judge would. Mr. Jacquet stated it is a serious matter when dealing with property rights that when someone brings in their attorney to the issue he feels it is worth it to wait; however, he does not want to put the applicant at a huge disadvantage. Mrs. Petrolia stated she does not know what the implications are of moving forward tonight or postponing it. Mr. Frankel moved to table Item 9.B. to the regular City Commission meeting of January 7, 2014, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — No; Mrs. Petrolia -- No; Mr. Jacquet —Yes; Mr. Frankel — Yes. Said motion to table passed with a 3 to 2 vote, Mayor Glickstein and Commissioner Petrolia dissenting. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 58 -13 /CONTRACT FOR SALE AND PURCHASE OF OLD SCHOOL SOUARE RETAIL SPACE: Approve Resolution 58 -13; authorizing approval of a contract by resolution authorizing the sale and purchase of interior space on the first floor of the Old School Square Parking Garage. The caption of Resolution No. 58 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND 12 12/10/13 CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 58 -13 is on file in the City Clerk's office.) The City Attorney briefly outlined the terms in the Purchase and Sale Agreement for the Old School Square Retail Space. Mayor Glickstein declared the public hearing open. Steve Blum- Antilles Homeowners' 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, read a brief statement into the record regarding the CCC Agreement and stated that the Kennedy Center set up should be used as a role model for the Arts Garage. Mr. Blum stated the building should not be sold and suggested that it remain City owned and controlled just as the Kennedy Center remains a Federal facility. Robert Schmier, 1000 S. Vista Del Mar, Delray Beach, FL 33483 President of the Creative City Collaborative (CCC), stated the decision was made in April (2013) to sell the space to the Arts Garage and CCC as opposed to a commercial facility because of what they do for the City, the economics of the City, and the general public. Mr. Schmier stated that the CCC is a 501(c)(3) and he briefly explained the programming. Cheryl Perl, 2422 Northwest 36th Street, Boca Raton, FL 33431, briefly spoke about what the Arts Garage has done for her child as well as other children in the community. Ms. Pearl stated the Arts Garage does not turn anyone away and scholarship as much as possible and a lot of the kids have nowhere else to go. She stated it is a beautiful program. 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 this is a business deal and feels the terms of the agreement are ridiculous. Dr. Kirson stated he concurs with comments, expressed by Mr. Blum and if passed would question whether this is legal or not. Alan Slosberg, 200 MacFarlane Drive Apt #502 -N, Delray Beach, FL 33483, urged the Commission to visit the Arts Garage and agrees that it is an issue more than just money. Mr. Slosberg stated people come from all over South Florida to visit the Arts Garage and have even relocated here because of it. He stated the City benefits tremendously from the Arts Garage and urged the Commission to make this happen. Peter Armor, 700 East Boynton Beach Boulevard, Boynton Beach, FL, stated his friends from Boynton Beach, Boca Raton, and other parts of South Florida come to the Arts Garage because of the entertainment and because of what it means. Mr. 13 12/10/13 Armor stated the Arts Garage is not only providing entertainment service for the Delray community it is also providing for revenue for all the businesses in the area. Annette Riseberg, 16130 Ponayseed Circle, Delray Beach, FL 33484, stated her children are at 16 and have been performing at the Arts Garage. She stated the children learn how to become actors, musicians, and better people. She stated Drew Tucker from the Arts Garage was able to get two students from Atlantic High School to open for Natalie Cole. She stated people come from all over come to the Arts Garage and it helps Delray Beach in many ways. Laurie Kersch, 4001 North Ocean, Gulf Stream, FL, moved here from New Jersey and stated her daughter was being bullied and she was accepted immediately at the Arts Garage. She urged the Commission to keep the Arts Garage open and invited the Commission to come see her daughter perform in the production of Fame. Cindi Freeburn, 371 East Mallory Square Delray Beach, FL 334833 Music Teacher, stated national studies have been done with respect to the economy in South Florida on a station out of Miami and it talked about the value of the arts in building a community. Ms. Freeburn stated the arts are severely threatened in today's public education environment and she feels it is the responsibility as adults and citizens of this city, county, region, and state to provide those kinds of opportunities not only for the children but for the entire community. There being no one else from the public who wished to give testimony on this item, the public hearing was closed. Mrs. Petrolia stated the Arts Garage was something that was brought in and it turned into an economic magnet to the downtown and has become a catalyst to spill the vibrancy that was on Atlantic Avenue over into the Pineapple Grove District. Mrs. Petrolia supports Resolution No. 58 -13. Mrs. Gray stated everyone agrees that arts are important in any city. However, Mrs. Gray expressed concern about the CRA not paying the $150,000 in year 2015. Diane Colonna, Executive Director of the CRA, stated the lease with the City expires at the end of January 2015. Ms. Colonna stated this was to be a five year agreement where the CRA would lease the property from the City and sublet it to Arts organizations; she stated the CRA has a sublease with Arts Garage and the Puppetry Center. She stated the question is whether or not the CRA Board will consider extending it another year while the Arts Garage continues to raise money and before they close. Ms. Colonna stated there was an issue with the State audit where there was an opinion given inquiring why the CRA was a middle -man in this lease when the CRA is in affect paying the City's operating costs by doing this and that the lease should be directly between the City of Delray Beach and the Arts organization. Mrs. Gray stated if this was an opinion she would like to see this go back to the CRA Board because she does not want to see the City lose $150,000 that the City 14 12/10/13 would have been getting paid for if the CRA decides not continue to pay that. Mrs. Gray asked Ms. Colonna if that is something the CR.A would be willing to do. Ms. Colonna stated the Commission can make the request and ask that the lease be extended. Mrs. Gray stated she concurs with Ms. Freeburn that this is government and we have non- profits that makes the city a little different. Mrs. Gray stated she has talked to many taxpayers who are concerned about how their tax dollars are being spent. Mr. Frankel stated this is not a decision on what the Arts Garage does for the community because everyone agrees that they have great programs for children and everyone but the City has responsibilities to the taxpayers. Mr. Frankel asked who came up with the $1,000 deposit amount for a loan of $2.5 million. The City Attorney stated the deposit was negotiated between him, outside counsel, Mr. Schmier and his attorney. Mr. Frankel stated in April 2013 when the Commission decided to go this avenue he understood that it was 21 /z years from April 2013 and inquired how staff came up with the March 15, 2016 date. The City Attorney stated because of the extended timeframe that it took to come with all of this and explained that before the Commission was looking at December 2015. The City Attorney stated it was his understanding that the intent of the Commission was to give the Arts Garage time to come up with the money. The City Attorney stated since it has taken this long to come up with this agreement he felt the March 2016 date would be a fair compromise. Alyona Ushe, Executive Director of the Arts Garage, stated they cannot begin to fundraise until they have a signed contract. Mr. Frankel expressed concern over the minimal deposit amount for a loan of $2.5 million and no money has been raised; and, he feels the closing should be December 2015. The City Attorney stated the CRA's lease expires January 2015. Mr. Jacquet stated he concurs with comments expressed by Mr. Frankel that the money should be raised but no one is going to give money to an organization that has no structure and agrees the clock should start once they have a contract so because of that he can look past the fact that they have been unable to raise money so far. Mr. Jacquet stated had they had a contract and came back today having raised zero this would have been a red flag for him but because there is no contract in place, he feels the City should give them the benefit of the doubt on giving them time. Mr. Jacquet expressed concern that the $1,000 deposit is extremely low. Mr. Jacquet stated he has attended a number of programs at the Arts Garage and understands its intrinsic value to this community and why we need to keep it here. Mr. Jacquet stated the City has agreed to sell it to the CCC but the issue is the terms of the agreement. Mr. Schmier stated they do not maintain a bank account where they have funds that they set aside with a new organization; every penny that is raised they get local contributors who donate money for the programs that they do. He stated any money that they take from the budget to give in a deposit that is going to sit in a non - interest bearing account for two years and three months is not being used for the benefit of the Arts 15 12/10/13 Garage or the children of the organization. Mr. Schmier stated this is not a business but is a non - profit that has been trying to raise every penny that it can so that every penny is put back in. Mayor Dickstein stated with respect to the deposit if this were a transaction between two business people buying a piece of real estate there is altogether a different reason for a deposit; the City is hoping they do not default and whether the deposit is $1,000 or $50,000 it is not really germane to what is trying to be accomplished. Mayor Glickstein stated with respect to the history of Old School Square back to the land acquisition through the bond offerings, development of the 2006 Strategic Plan, creation of the Creative City Collaborative (CCC), and untold public meetings that followed, all of that revealed the following regarding the use of the garage space: (1) that it be used as a public gathering place, (2) that the use generate traffic to and from Pineapple Grove, and (3) that it be used as a Cultural Arts Center. In 2009, when the City Commission had its initial offer to purchase the space the Commission voted to pursue an alternative plan to allow the CRA to lease the space from the City and sublet it to art related tenants. Mayor Glickstein stated later that year the City Commission adopted an amendment to the CRA Plan entitled "Arts Based Economic Development" which outlined the CRA's commitment to support art and cultural organizations, and to develop strategies and programming to protect existing art spaces and create long -term affordable space at such locations as the City owned Old School Square Garage. Mayor Glickstein stated prior City leaders could foresee that public gathering places open day and night would extend the pedestrian experience into Pineapple Grove and that cultural amenities are not just integral to the town's identity but they can become significant economic engines to the town. In 2011, the CCC sponsored a financial study which analyzed the impact non- profit arts and cultural organizations in Delray and their audience had an economic impact on Delray of $44 million which compares to approximately $12 million for similar size cities of 50,000- 99,000 residents throughout the nation. In 2011, Mayor Glickstein stated the total economic impact of just audience spending for non -profit arts and cultural organizations in Delray Beach was $33V2 million; 925 full -time equivalent jobs; $4 million in local and state government revenue; total impact of spending by the non - profit arts and cultural organizations another $11 million; 412 full -time equivalent jobs and $800,000 in local and state revenue. He stated non -profit arts and cultural organizations spend approximately $11 million annually leveraging a remarkable $33 million in additional spending by arts and cultural audience which support about 1,400 full -time equivalent jobs in the city and generated an additional $4.6 million in local and state government revenue. Mayor Glickstein supports leaving the Arts Garage where it is because it allows them an opportunity to enhance the City's long standing goals of arts based economic development. He noted that the userlbuyer's presence and continued growth benefits far more city businesses, residents, and taxpayers than any private enterprise could achieve in that space. Mayor Glickstein stated the City cannot sell the space for more than the current contract price today without violating bond covenants. Mayor Glickstein stated he fully supports the contract as it is. Mr. Jacquet stated he appreciates Mr. Schmier's response about the value of the Arts Garage and explaining specifically any monies that the Arts Garage would give the City now would be basically forfeiting in interest that they could be 16 12/10/13 accumulating in raising money to pay the City. Mr. Jacquet stated be supports the Arts Garage in its current location. Mrs. Petrolia moved to approve Resolution No. 58 -13 /Contract for Sale and Purchase of Old School Square Retail Space, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet Yes; Mr. Frankel — No; Mrs. Gray — Yes. Said motion passed with a 4 to 1 vote, Mr. Frankel dissenting. At this point, the time being 8:02 p.m., the Commission moved back to Item 9.C. of the Regular Agenda. 9.C. OFFER OF SETTLEMENT IN CITY OF DELRAY BEACH v. PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION (PBA): Consider an Offer of Settlement in the total amount of $125,000.00 in the City of Delray Beach v. Palm Beach County Police Benevolent Association. Staff recommends approval. The City Attorney stated this is a case that involves an officer who was terminated in 2009. The Police Benevolent Association (PBA) requested that the case go to arbitration and the arbitrator determined that he should have his job back. However, the City Attorney stated the City appealed that because they do not believe the arbitrator's decision was valid. The City has since received four decisions that say that the City has to go back to arbitration. The City Attorney stated at this point it would be approximately 66% of Mr. Brown's back pay if he were to be reinstated therefore staff recommends that the City settle the case for $125,000.00. Mrs. Petrolia moved to approve the settlement offer in the amount of $125,000.00 of the City of Delray Beach v. the Palm Beach County Police Benevolent Association, Inc. (PBA), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 9.1). SETTLEMENT OFFER IN PREVILLON CASSY v. CITY OF DELRAY BEACH: Consider a Settle Offer in the total amount of $25,000.00 in Previllon Cassy v. City of Delray Beach. Staff recommends approval; subject to the receipt of the appropriate releases. The City Attorney stated this is a case where one of the City Police Department Volunteer struck a bicyclist with his vehicle. The bicyclist sustained injuries and had lost wages. Staff recommends that the City settle this case in the amount of $25,000.00. Mrs. Gray moved to approve the settlement offer in the amount of $25,000.00 in Previllon Cassy v. the City of Delray Beach, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — No; Mr. Frankel Yes; Mrs. Gray -- Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with 17 12/10/13 a 4 to 1 vote, Mr. Jacquet dissenting. 9.E. APPOINTMENT OF AN INTERIM CITY ATTORNEY: Appoint an Interim City Attorney upon the resignation of Mr. Brian Shutt. The City Attorney stated the City Commission would need to appoint an Interim City Attorney upon the effective date of his resignation which is January 3, 2014. The City Attorney stated the Commission sets the pay rates for the City Attorney, Interim City Attorney, and Assistant City Attorney Janice Rustin. Mr. Jacquet moved to appoint Terrill Pyburn as Interim City Attorney with a 10% pay increase and a 5% pay increase for the Assistant City Attorney Janice Rustin, seconded by Mrs. Petrolia. Mr. Jacquet amended his motion to appoint Terrill Pyburn as Interim City Attorney with a 10% pay increase and a 2.5% pay increase for both Assistant City Attorney Janice Rustin and Assistant City Attorney Cathy Kozol, 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. At this point, the time being 8:12 p.m., the Commission moved to Item 11, First Readings. 11. FIRST READINGS: 11.A. ORDINANCE NO. 36 -13: Approve an amendment to Chapter 51, "Garbage and Trash ", Section 51.70, "Regular Charges Levied ", to provide for decreased residential collection service rates for the remaining FY 2014. If approved, a public hearing will be held on January 7, 2014. office.) The caption of Ordinance No. 36 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED ", TO PROVIDE FOR DECREASED RESIDENTIAL COLLECTION SERVICE RATES FOR THE REMAINING FISCAL YEAR 2014; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 36 -13 is on file in the City Clerk's 18 12/10/13 The City Attorney read the caption of the ordinance. Mrs. Petrolia stated she had asked that this be retroactive to October I" especially the cart fee. The City Manager stated staff will look at it. Mr. Frankel moved to approve Ordinance No. 36 -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; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 11.B. ORDINANCE NO. 37 -13: Approve an amendment to Chapter 31, "City Officials and Employees ", of the Code of Ordinances by repealing Section 31.05, "City Attorney; Qualifications ", in its entirety. If passed, a public hearing will be held on January 7, 2014. The caption of Ordinance No. 37 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 31, "CITY OFFICIALS AND EMPLOYEES ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 31.05, "CITY ATTORNEY; QUALIFICATIONS" IN ITS ENTIRETY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 37 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated the section that is being removed from the Code of Ordinances is the requirement that the City Attorney has to be a legal resident or have the principle office in the City at the time of appointment and during the tenure in office. Mrs. Petrolia moved to approve Ordinance No. 37 -13 on FIRST Reading, seconded by Mrs. Gray. 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. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 12.A. City Manager 19 12/10/13 The City Manager stated there was a comment from the public that suggested he terminated five (5) employees and noted that is an inaccurate. 12.13. City Attorney The City Attorney announced that this is his last City Commission meeting and stated he has enjoyed working with the City of Delray Beach and thanked the Commission. Mayor Glickstein gave a few brief comments and stated the entire Commission appreciates the City Attorney's work. 12.C. City Commission 12.C.1. Mr. Frankel Mr. Frankel stated Mr. Jack Warner attended the Pension Board meeting last week and he is going to be a great addition. Secondly, Mr. Frankel stated having Mayor Glickstein give the prayer this evening was a great idea. Lastly, Mr. Frankel congratulated the City Attorney. 12.C.2. Mrs. Gray Mrs. Gray commented about Mayor Glickstein giving the prayer and stated it was great. Secondly, Mrs. Gray commented about property located at S.W. 8t11 Avenue and suggested that this housing be provided for Veterans. Mrs. Gray commented about the Joint meeting with the CRA and asked if the Commission can meet with them before their strategic meeting to see if we can get them in line with some of the City's priorities. Lastly, Mrs. Gray asked the City Manager to find out if the Little League is renewing its Charter and if they are going to have Spring baseball at Miller Field. 12.C.3. Mrs. Petrolia Mrs. Petrolia stated she is going to miss the City Attorney and wished him all the best. Secondly, Mrs. Petrolia asked about a date that the flapper replacement at the Marina Historic District is going to be worked on. 20 12/10/13 Mrs. Petrolia stated she would like answers to the list of questions she sent to the City Manager regarding the ball field issues. Mrs. Petrolia stated the Commission would like a better understanding on the impact that the fields have due to tournaments coming through and the costs that the City is going to have and whether or not that is something they want to incur. Mrs. Petrolia suggested that the City Attorney's office work on a disclaimer to add to the bottom of the Commission's emails explaining to the general public about Sunshine Laws. She inquired about the City Attorney's evaluation. The City Attorney stated the local rules were amended approximately 1 -2 years ago and noted the City Attorney's evaluation is once a year in May. Lastly, Mrs. Petrolia wished everyone a Happy Holiday. 12.C.4. Mr. Jacquet Mr. Jacquet stated everyone has worked hard to serve the community and get elected. He stated he did not count on any of his colleagues and it was the general public that got him to where he is. Mr. Jacquet stated many times the Commission takes a vote and it bothers him that there is always someone trying to figure out where that vote came from. Mr. Jacquet stated it is very disconcerting for him for people out there thinking if he votes one way on an issue that means somebody got to him. Mr. Jacquet expressed concern that this needs to stop and stated when he makes a decision he makes a decision that he believes is right. Secondly, Mr. Jacquet stated he is sad to see the City Attorney leave and he applauds him for the work that he has done. In addition, Mr. Jacquet stated it has been an honor and a pleasure working with the City Attorney and wished him the very best. 12.C.5. Mayor Glickstein Mayor Glickstein asked for the status for the Finance Director position and the Planning and Zoning Director position. The City Manager stated the City will re- advertise the Finance Director position and he will send Mayor Glickstein an email regarding when that position will be closing. Secondly, Mayor Glickstein stated this year got off to a rocky start, however, he believes it is more indicative of change than personality. Mayor Glickstein stated he respects the views and opinions of his colleagues and looks forward to working with the Commission in 2014. He wished everyone the best for the holidays. 21 12/10/13 There being no further business, Mayor Glickstein declared the meeting adjourned at 8:26 p.m. City Clerk ATTEST: YOR 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 December 10, 2013, which Minutes were formally approved and adopted by the City Commission on 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. 22 12/10/13