03-04-14 Regular City Commission Minutes MARCH 4,2014
i
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,March 4, 2014.
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
Terrill Pyburn, Interim City Attorney
Chevelle D.Nubin, City Clerk
Kimberly Wynn, Deputy City Clerk
2. The opening prayer was delivered by Chaplain Anthony Cuseo.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. APPROVAL OF MINUTES:
Mrs. Petrolia moved to approve the Minutes of the Workshop Meeting of
January 14, 2014, seconded by Mrs. Gray. 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 Minutes of the Special Meeting of
January 27, 2014, 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.
5. PRESENTATIONS:
S.A. S.P.LR.I.T. (Service, Performance, Integrity, Responsibility,
Innovation, Teamwork) Committee Quarterly Awards Presentation
Captain Michael Coleman, Police Department, stated Police Detective
Bruce Dinan and Officer Wayne Dinan went above and beyond by assisting an elderly
man in recovering his Cadillac after discovering that he had mistakenly sold it to an
03/04/14
i
individual for $3,500 instead of$315,000. Captain Coleman stated not only did the Dinan
brothers convince the seller to return the car but on his day off Wayne Dinan
accompanied the gentleman to CarMax to sell the car and purchase another vehicle.
Fire Rescue Chief Danielle Connor, stated she has nominated Paramedic
John Connolly because he initiated a community involvement program to raise funds to
provide turkey dinners to those who cannot afford it. Chief Connor stated this was made
through the Caring Kitchen and the Fire Department Benevolent Association. In 2010,
Mr. Connolly raised ten (10) turkey dinners; the next year he raised twenty (20) dinners;
this past year he got Delray Medical ER nurses involved and a lot more Fire Department
personnel involved in the effort and he provided eighty-two (82)turkey dinners.
Ms. Connor stated she has also nominated Paramedic Captain Tim Garito
resident and 22 year employee who headed up the effort through the Delray Beach Fire-
Rescue Benevolent Association to sponsor a team for the Miracle League. Chief Connor
stated Captain Garito has been actively involved with the Miracle League and has helped
every Saturday for over ten (10) years involving his family as well in this volunteer
effort. Chief Connor recognized Captain Garito for giving back to the community and
stated he is very deserving of this recognition.
5.13. RESOLUTION NO. 0644: Approve Resolution No. 06-14 recognizing
and commending Maria Marino-Bollan for 30 years of dedicated service to the City of
Delray Beach.
The caption of Resolution No. 06-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING MARIA MARINO-BOLLAN
FOR THIRTY YEARS OF SERVICE TO THE CITY OF
DELRAY BEACH.
The official copy of Resolution No. 06-14 is on file in the City Clerk's
office.
Mayor Glickstein read Resolution No. 06-14 into the record hereby
recognizing and commending Maria Marino-Bollan for thirty years of service to the
City of Delray Beach and presented her with a plaque.
Mr. Frankel moved to approve Resolution No. 06-14, 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.
At this point, Assistant Police Chief Jeffrey Goldman came forward and
gave a few brief comments. Maria Marino-Bollan came forward to accept the resolution
and plaque and gave a few brief comments.
2
03/04/14
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.
i
6.A. City Manager's response to prior public comments and inquiries.
With regard to Mr. Jacquet's question from the last meeting about whether
the PVC pipe removed from Federal Highway and can be recycled, the City Manager
stated these are relatively inexpensive PVC pipes and explained the pipe cannot really be
reused.
Secondly, on various occasions the City has had individuals who speak
Creole in the Utilities/Water Department(UTB); however, there is no employee currently
in the department who speaks Creole. The City Manager stated the City looks for that
asset when we have candidates because the City feels this is an important attribute for
people to have given the demographics of the city.
With regard to Mrs. Petrolia's concern about the loitering and
panhandling, the City Manager stated the Interim City Attorney has been developing a
draft ordinance on homelessness more specifically aggressive panhandling. The City
Manager stated loitering laws are more difficult to deal with because loitering laws are
getting abused. Therefore, the City Manager stated the City's right to exercise loitering
laws is restrictive in terms on how we can exercise it. However, the City is going to look
at aggressive panhandling as one of the behaviors the City wants to discourage in the city
as a whole specifically in the downtown.
With regard to the Barwick Road issue, the City Manager stated the City installed
"No Parking" signs along Barwick Park particularly along the perimeter of Barwick
Road. In addition, the City Manager stated the City will have someone from the Clean
and Safe Unit to open the park now at 5:00 a.m. to help eliminate the parking along the
grass on Barwick Road and also discourage some of the parents who are driving to
Banyan Creek Elementary School from making U-turns using the sidewalk as part of the
methodology by which they make the U-turn. The City Manager stated the City will
have volunteers present to monitor the situation in the morning during school hours and
ticketing anyone who engages in that particular behavior.
6.8. From the Public.
6.13.1. Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33445 (President
of Bexley Park, member of the Education Board, and a member of the PTA at
Banyan Creek Elementary School), thanked the City Manager for addressing some of
the concerns on Barwick Road. Mr. Katz stated he still feels that the PVC pipe from
Federal Highway could be a viable temporary solution for Barwick Road especially since
it is inexpensive PVC pipe. Mr. Katz stated the Police placed two signs to let people
know how fast they are going; however, the sign going northbound is not placed until
3
03/04/14
after you pass Barwick Park; the one southbound is okay. Mr. Katz stated the most
dangerous situation is from Lake Ida to a 1/4 mile north to where the curb begins because
there is no curb from Lake Ida to where the Sabal Lakes development begins. He stated
as suggested by Mr. Jacquet an easy fix would be temporary fixtures and curbs will help
eliminate the parents from making U-turns. Mr. Katz suggested having the Principal of
Banyan Creek Elementary School to send out emails and make telephone calls for safety
reminders. He stated there are over 1,000 children that attend this school and feels there
needs to be some awareness. Mr. Katz stated he is not advocating for his neighborhood
because his neighborhood is in the opposite direction and they have sidewalks and curbs
and he emphasized that he is advocating for the children of Delray Beach.
6.B.2. Rick Bureess, 2012 Alta Meadows Lane, Unit#102, Delray Beach, FL
33444, briefly commented about Agenda Item 9.B.L and stated in September 2013 75
Main closed and in his opinion the Valet Parking License Agreement should have been
revoked immediately. In October 2013, Mr. Burgess stated parking staff had no
objections at the time for Vic and Angelo's to operate the valet and authorize them to
change the signs, uniforms, secure a lot, and obtain insurance. He stated Vic and
Angelo's began the first parking validation program in the city where three restaurants
validated 100% of a customer's parking for free. In November, Vic and Angelo's
continued to operate the valet and contacted Taverna Opa with regards to sharing in
expenses and trying to agree upon a validation program. The City Attorney and parking
staff continued to review the documents. In December, Vie's continued to operate the
valet to make sure that there was no interruption of parking to their customers and all the
neighboring businesses. Vic and Angelo's made several attempts to contact Taverna
Opa. Vic and Angelo's contacted the Parking Management Advisory Board (PMAB)
with regard to concerns over the Parking License, the Agreement, and staff s handling
over the license reassignment. Mr. Burgess stated the parking staff refused to have a
meeting in December 2013 claiming it was the holidays and issues with the valet license
reassignment did not need to be presented to the PMAB. In January, Vie's continued to
operate the valet and met with the City Manager on January 3, 2014 explaining the
timeline of events that unfolded. Mr. Burgess stated the City Manager's response was
"Delray Beach doesn't have a parking problem it has a parking management problem. I
cannot reassign a valet license that no longer exists." On January 6, 2014, he received an
email from the City Manager stating that he decided to proceed with the recommended
staff action to assign the valet queue to Taverna Opa. Mr. Burgess stated this was a
disastrous decision to reassign a valet license to a new restaurant with no credibility in
Delray Beach and that belonged to a restaurant that was closed prior two of the four years
it held the license. On January 7, 2014, the City Commission voted without giving
j consideration to the existing business relationship that Vic's, The Office, and BurgerFi
have with Delray Beach. Mr. Burgess stated those three restaurants have invested over
$15 million in Delray Beach and employ more than 100 people and the City Commission
was not presented with all the facts at the time.
6.B.3. Gary Ferreri (speaking on behalf of the Police Benevolent Association
P( BA),read a brief statement into the record and stated a couple of months ago they were
informed that the earliest they could meet with representatives in negotiations would be
4
03/04/14
March 19, 2014. Mr. Ferreri stated this morning the PBA received a message from the
City's outside legal counsel that there could be no meeting and that they may not be
ready until April.
7. AGENDA APPROVAL.
Mr. Jacquet requested that Item 8.C.1., Consent to Assignment/Horizon
Coach Lines to Academy Bus, LLC be removed from the Consent Agenda and moved
to the Regular Agenda as Item 9.A.A.
Mr. Frankel moved to approve the Agenda as amended, 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.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. ACCEPTANCE OF RIGHT-OF-WAY DEED/S & H EXXON:
Approve and accept a right-of-way deed for a two foot (2') dedication of alley right-of-
way associated with S &H Exxon located at 206 N.E. 0 Street.
S.B. ACCEPTANCE OF RIGHT OF WAY DEED/S & H EXXON:
Approve and accept a right-of-way deed for a twenty foot (20') corner clip at the southeast
corner at the intersection of N.E. 2nd Avenue (Pineapple Grove Way) and N.E. 4th Street
(Lake Ida Road) for S &H Exxon located at 206 N.E. 4`h Street.
S.C. AMENDMENT NO. 1 TO THE AGREEMENT/MIDNIGHT SUN
TOURS DB/A HORIZON COACH LINES: Approve Amendment No. 1 to the
Agreement with Midnight Sun Tours d/b/a Horizon Coach Lines (Bid No. 2013-04) to
correct a scrivener's error where "Evergreen Trails, Inc." was not listed as the name of
the Contractor in the Standard Form of Agreement.
S.C.I. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
S.D. THIRD AMENDMENT TO THE INTERLOCAL
AGREEMENT/PALM BEACH WORKFORCE DEVELOPMENT
CONSORTIUM: Approve a Third Amendment to the Interlocal Agreement with Palm
Beach Workforce Development Consortium which provides that the Consortium will add
the City of West Palm Beach as a Consortium member and make clear that the Chief
Elected Official (CEO) is the Board of County Commissioners of Palm Beach County
and is the fiscal agent, grant recipient and administrative entity to administer the
programs and funds in Region 21.
5
03/04/14
8.E. APPROVAL OF POLL WORKERS FOR THE FIRST
NONPARTISAN ELECTION: Approve the poll workers for the First Nonpartisan and
Special Election(Referendum)to be held on March 11, 2014.
8.F. PROCLAMATIONS:
1. Sigma Gamma Rho Sorority Youth Day—March 8, 2014
2. All People's Day—March 22, 2014
S.G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period February 24, 2014 through February 28, 2014.
8.H. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Ten-8 Fire Equipment Inc., in an amount not to
exceed $50,000.00 for Pierce Fire Truck parts and services. The
purchase award is in compliance with Ordinance No. 29-13,
Chapter 36, Section 36.03 (B), "Multiple Acquisitions from a
Vendor exceeding $25,000.00 in any Fiscal Year". Funding is
available from 501.3311-591-52.50 (Garage Fund: Operating
Supplies/External Parts) and 501-3311-591-52.52 (Garage Fund:
Operating Supplies/City Garage-Outside Service).
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. CONSENT TO ASSIGNMENTIHORIZON COACH LINES TO
ACADEMY BUS, LLC.: Approve Consent to Assignment between the City of Delray
Beach and Horizon Coach Lines to Academy Bus, LLC. (Bid No. 2013-04), which
provides bus rental and driver service for the Parks and Recreation Department for the
Youth Football Program, Summer Day Camp, Holiday Day Camp, Special Events, Sports
&Dance Competition and Overnight/Weekend Trips.
Commissioner Jacquet stated there were issues with a transportation
company a few years ago for the Delray Rocks and Cheerleaders and he wants to ensure
that this company has been properly vetted and that staff will not come back before the
Commission in a few months with a request to terminate this and go with a different
company. The City Manager reassured the City Commission that staff has properly
vetted this particular company and this is only before the Commission because of a
scrivener's error not for any performance related issues.
I
6
03/04/14
Mr. Jacquet moved to approve Item 9.A.A. (formerly Item 8.C.1.),
seconded by Mr. Frankel. 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 REQUEST/ S & H EXXON: Consider approval of a request
for waiver to Land Development Regulations (LDR) Section 4.6.18(13)(14)(iv)(2),
"Windows and Doors", to allow a minimum transparency or glass surface area on the
ground floor along N.E. 4th street of 53.4% whereas 75% is required for S & H Exxon
located at 206 N.E. 40i Street. (Quasi-Judicial Hearing)
Mayor Glickstein read the City of Delray Beach Quasi-Judicial rules into
the record for this item.
Kimberly Wynn, Deputy 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, Mrs. Gray, Mayor Glickstein, and Mrs. Petrolia stated they
had no ex parte communications to disclose. Mr. Jacquet stated he attended the Planning
and Zoning Board meeting.
Mark McDonnell, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file#2014-028 into the record.
Mr. McDonnell stated this is a waiver request for transparency for Lake
Ida Road N.E. 0 Street. Mr. McDonnell stated on January 27, 2014 the Planning and
Zoning Board considered this a minor conditional use modification and gave approval to
expand the existing gas station with an existing convenience store expanding it to the east
to fill in the existing three (3) service bays. Mr. McDonnell stated what is being
proposed is the removal of the overhead doors and he briefly reviewed the site plan and
the architectural elevations. Mr. McDonnell stated a waiver has been requested to reduce
the glass transparency area from 75% to 53.4% along the N.E. 4th Street facade. Mr.
McDonnell stated the purpose of that requirement is to promote window shopping;
however, this building sits back about 65 feet from the road therefore it does not support
the window shopping experience but with people pulling up to the front of the store it
will lessen that non-conformity.
At its meeting of February 12, 2014, the Site Plan Review and Appearance
Board (SPRAB) supported the waiver and the Planning and Zoning Board approved the
conditional use.
Mr. McDonnell stated page 2 of the report states that the facade along
Pineapple Grove Way does meet the transparency but noted it does not. He stated that
part of the building is not being changed. Mr. McDonnell stated once this did go to
SPRAB the Board wanted to see additional window space on the west facade for CPTED
(Crime Prevention Through Environmental Design) purposes so that there would be
7
03/04/14
greater natural surveillance into the parking lot. He stated it is actually being made less
non-conforming but that part of the building is not changing land use. Staff recommends
approval of the waiver request.
Paul Lingerfeldt, MDM Services, Inc. (representing the applicant),
stated they have reviewed the staff report and they are in agreement with everything. Mr.
Lingerfeldt stated they are adding another window on the side elevation as required; with
regard to the elevation they have maximized the glass while still keeping it architecturally
pleasing.
Mayor Glickstein asked if the automotive service repair on the north side
will continue. Mr. Lingerfeldt stated there will no longer be any service repairs at the
station.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to step forward at this time. There being no
one else from the public who wished to address the Commission regarding the waiver
request,the public comment section was closed.
There was no cross-examination or rebuttal.
Mrs. Petrolia inquired about the lower glass-on the west side and asked if
this is what is being added or is it already there. Mr. McDonnell stated there is a piece of
the window that is actually going to get wider so it will allow greater natural surveillance
into the west side and SPRAB required this as a condition when the Board reviewed it.
For clarification, Mr. Jacquet inquired why the Commission approved the
right-of-way deed on the Consent Agenda prior to approving this item because why
would these property owners give part of their property for the alley if the Commission
were to vote no for what they are asking for. Mr. McDonnell stated at this point they
would have the Commission's approval but if they did not get the transparency waiver
they would not record those; they would keep the property.
The Interim 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
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.
9.8. MODIFICATIONS TO THE VALET PARKING LICENSE
AGREEMENTS: Consider approval of the recommended modifications to the Valet
Parking License Agreements.
S
03/04/14
9.B.1. RENEWAL OF VALET PARKING LICENSE
AGREEMENT/TAVERNA OPA ATLANTIC, LLC., d/b/a TAVERNA OPA:
Consider approval of a valet parking license agreement with Taverna Opa Atlantic LLC.,
d/b/a Tavema Opa located at 270 East Atlantic Avenue.
9.B.2. RENEWAL OF VALET PARKING LICENSE
AGREEMENT/AVENUE BAR & GRILL dlbla 32 EAST: Consider approval of a
valet parking license agreement for Avenue Bar & Grill d/b/a 32 East located at 32 East
Atlantic Avenue.
9.B.3. RENEWAL OF VALET PARKING LICENSE
AGREEMENT/MAX'S HARVEST: Consider aproval of a valet parking license
agreement for Max's Harvest located at-169 N.E. 2" Avenue.
9.B.4. RENEWAL OF VALET PARKING LICENSE
AGREEMENT/LSMS, INC. dlb/a TRAMONTI'S: Consider approval of a valet
parking license agreement for LSMS Inc. d/b/a Tramonti's located at 111 East Atlantic
Avenue.
9.B.5. RENEWAL OF VALET PARKING LICENSE AGREEMENT/CUT
432 RESTAURANT: Consider approval of a valet parking license agreement for Cut
432 Restaurant located at 432 East Atlantic Avenue.
9.B.6. RENEWAL OF VALET PARKING LICENSE
AGREEMENT/CAFFE LUNA ROSA: Consider approval of a valet parking license
agreement for Caffe Luna Rosa located at 24 South Ocean Boulevard.
Scott Aronson, Parking Management Specialist, stated these valet parking
agreements have been discussed over the last year by the City Commission and the
Parking Management Advisory Board (PMAB). Mr. Aronson stated this is the final
version accommodating all of those issues and items that they discussed putting into the
agreements and some new items which are to extend the agreements to three (3) year
terms, the 3% increase, amendment to Section 4 of the agreements specifying that only
one valet operator per valet queue is permitted, included in Section 3 is that leased lots
must contain sufficient capacity as determined by staff, addressed inappropriate attendant
behavior, and included protocols related to Public Records Law and the Palm Beach
County Inspector General's Office. Mr. Aronson stated one new item is the remittance of
a security deposit equal to a one (1) month of valet parking fee. Mr. Aronson stated
subsequent to this are the renewals for the valet queues and staff did some research with
other municipalities (i.e. Hollywood, West Palm Beach and Fort Lauderdale). He stated
West Palm Beach currently charges $250-$300.50 per month based on where in their area
the valet queue is located; Hollywood charges $60.00 per space per month; West Palm
Beach has metered parking in their downtown area so this $250-$300.50 is to recoup
what they feel would be the metered revenue had the public been using the parking
spaces. Mr. Aronson stated if the City of Delray Beach decides to do meter reading in
the downtown core area this is one of the things that has to be looked at because the
revenue from parking meters would well exceed the $108.00 per space in the core area.
9
03/04/14
At its meeting of January 28, 2014, the Parking Management Advisory
Board recommended approval of the modifications and renewal of all of the valet parking
pP p g
license agreements.
Mr. Frankel asked if Mr. Aronson has seen. the Vic & Angelo's proposal
and commented that it appears that Vic&Angelo's is offering to pay double and keep the
price the same. Mr. Frankel asked if this should be considered. Mr. Aronson stated he
has not received anything from Vic & Angelo's either when 75 Main was on their way
out. Mr. Aronson stated after 75 Main left the only correspondence he had was from Mr.
Burgess signing off as agent for 75 Main or Atlantic Delray, LLC 75 Main. Mr. Aronson
stated Taverna Opa was the subsequent restaurant. Mr. Aronson stated none of the
restaurants contacted staff requesting to have the valet queue and Mr. Burgess was the
only one that wanted to maintain the valet queue and Mr. Burgess was not an agent
representing 75 Main. Mr. Frankel asked if there were any RFP's or bids for this. The
City Manager stated he does not feel it is good practice to negotiate from the dais. Mr.
Frankel stated if this has not been done he feels it is a little soon to consider the six (6)
valet queues.
Mrs. Gray asked if there is something in writing. Mr. Burgess stated if the
Commission seeks to adjourn approval they can have something in writing tomorrow;
they can have Vic & Angelo's attorney or the General Manager contact Mr. Aronson.
Mr. Burgess stated the owners of the restaurant travel a lot so it is difficult for them to be
here. Mr. Burgess stated he verified everything with Vic &Angelo's attorney and noted
that over a term of three (3) years Vic & Angelo's is willing to contribute $19,440.00 in
additional revenue to the city. Mrs. Gray suggested that this item be tabled to a date
certain so that the Commission can hear from Vic & Angelo's or have their attorney
present.
Mrs. Petrolia stated someone has already signed a contract on that
particular valet spot and asked if the contract is open for discussion or is it a done deal.
Mr. Aronson stated the Consent for Assignment has been approved and the queue is
Taverna Opa's. Mrs. Petrolia stated she does not agree that the Commission should table
this item. Mrs. Petrolia stated this is why she asked staff prior to this meeting to see what
the rates would be from other cities. She expressed concern over the discrepancy of
$60.00 to $350.00. Mrs. Petrolia expressed concern that the City of Delray Beach is on
the low side and it was her thought process to make sure staff found a good solid city
most like Delray Beach to make sure that we are not short changing ourselves and
whether this is normal. Mrs. Petrolia stated the City is signing on this for three (3) years
and also only giving ourselves a three percent (3%) increase per year. Mr. Aronson
stated staff is trying to work on this. Mrs. Petrolia stated by just going to other cities to
see what would normally be a market rate for this that is what she expects considering the
City is doing this contract for three (3) years. Mr. Aronson stated all the contracts are the
same with the exception of east of the Intracoastal which is more expensive and the
amount of time that a customer can stay before they can be charged an extended stay fee
is two (2) hours east of the Intracoastal as opposed to four (4) hours in the core area.
Mrs. Petrolia commented about Page 3, Section 6, Maximum Parking Fee Permitted of
the Parking License Agreement, "At no time shall valet parking fees exceed Ten Dollars
($10.00)." She expressed concern over the word "shall" and sees this as a potential
10
03/04/14
problem in the future. Mrs. Petrolia also expressed concern on page 4, Section 10, Term
and Renewal, "The term of this Agreement shall be for three (3)years. If the licensee has
an account in arrears and/or is unable to provide proof of valid lease(s) and insurance
annually by October 1" each year, the license may be suspended with i,4 fif ft .,. ...efiee
until required payment and/or documentation is received e--infef,,..fffie., is r-ee,:ve " and
suggested that the words "may be" be changed to "shall be". Mr. Aronson stated the
valets serve several hundred cars per weekend and he understands the need for the City to
be paid but to just stop that service would wreak havoc for many of the neighboring
businesses whose customers use the valet service which is why 75 Main was operating as
it was. Mr. Aronson stated the security deposit that the City holds will give the City 30
days to work out that issue. Mrs. Petrolia stated she would like to see "stealing" added to
Section 18(e) "Inappropriate behavior the valet operators...." Mr. Aronson stated this
was taken out by the Police Department because Florida State Statutes deal with stealing.
Mrs. Petrolia asked how the City is notified of the violations. Mr. Aronson stated the
Police Department or Code Enforcement will write up a report based on their findings at
the valet queue and then it is forwarded to him and then Mr. Aronson stated he generates
a letter for the valet licensee. Mrs. Petrolia stated there is no City number that people can
report a problem. Mrs. Petrolia stated with regard to Section 19 Penalties and
Enforcement in the Parking License Agreement there are separate violations listed for
each offense. The Interim City Attorney stated this is part of State Code Enforcement
Statutes so the City has to give notice as part of the due process requirements under the
Code Enforcement laws.
The Interim City Attorney stated with regard to term and renewal staff can
change this to state "shall be suspended if required payment and/or documentation is not
received within thirty (30) days after notice is provided to licensee." Mrs. Petrolia asked
why language was removed in Section #19(c) Penalties and Enforcement. The Interim
City Attorney stated the City's methods of enforcement are limited to State Code
Enforcement Statutes or State Statute with regards to theft and stealing. The Interim City
Attorney stated in this regard the City is relying on the Code Enforcement officers and
the Police Department. Therefore, the Interim City Attorney stated in order for the City
to legally cite someone the City has to be able to give them that warning; however,
although the bystanders cannot do that but they can call Code Enforcement and the Police
Department to report the issues. Mrs. Petrolia stated she is glad to see #24 Public Records
language added to the Parking License Agreement and she expressed concern that this
was not in the Beach Cabana contract.
Mr. Jacquet asked if this is time sensitive. Mr. Aronson stated the last
round of approved agreements had challenges in how they were ratified. Mr. Aronson
stated they are working on a valid contract from 2011; however, staff would like to get
the updated information in place as soon as possible. Mr. Jacquet suggested that this be
pushed back to the next meeting to give staff enough time to vet this, give the Interim
City Attorney sufficient time to review the changes, and give the City Commission time
to look at everything if there is no rush. However, Mr. Jacquet stated if there is a rush,
then he would recommend moving forward right now. Mr. Aronson stated staff has
imposed the 5% fee increase that went with the 2012 renewals/revisions that was not
11
03/04/14
under the 2011 contract that they are working under.
Mr. Jacquet stated his motion will be to postpone this to the next available
time certain seconded b y Mr. Frankel.
Prior to the vote, Mayor Glickstein asked why the City does not have a
non-monetary default provision in all the City's contracts. The Interim City Attorney
stated she can add this language to the contracts. Mayor Glickstein stated this provision
should be across the board in every contract and RFP depending on the scope of work
typically thirty (30) days after notice. Mayor Glickstein asked Mr. Aronson if this is the
first time that the City has reached out to other municipalities to see what they are doing.
Mr. Aronson stated this is a rare program and is not in that many municipalities. Mayor
Glickstein asked Mr. Aronson why other cities do not have these types of valet queues
besides the obvious of metered parking. Mr. Aronson stated he is not sure why other
cities do not have these types of valet queues. Mayor Glickstein stated he does not
understand in the area where the City has metered parking why the valet is more
expensive. Mayor Glickstein stated someone can actually park for less money in a valet
queue than you could if the downtown was metered or if there were parking meters in the
garage. Mayor Glickstein stated this is opposite of what parking management practices
are because you pay for convenience. Mr. Aronson stated the difference between the
$108.00 and$135.00 is to make up for some of the revenue that would be generated with
the meters. Mr. Aronson stated the City charges a $10.00 base fee in the garage and
$5.00 is an extended stay fee. Mayor Glickstein stated with regard to comments
expressed by Commissioner Frankel about essentially letting the market determine the
valet of that queue and asked why this has not been done.
Brief discussion between the City Commission and staff followed.
Mayor Glickstein stated he believes that the market should determine the
value of any service; however, that is qualified in that the City has capped what the valet
can charge. He stated this is also counter-intuitive to a parking management program if
you subscribe to most planning principles that you pay the most for the most convenient
location. In his opinion, Mayor Glickstein stated this town lacks any coherent parking
management program. Mayor Glickstein asked about the valet queues listed on the
agenda. Mr. Aronson stated the only valet queue not included tonight is the Prime
restaurant queue the Interim City Attorney and the City Clerk did not have adequate time
to review the information in time so it was pulled from the agenda.
Brief discussion between the City Commission and staff continued.
Mayor Glickstein inquired about the relationship between the restaurateur
or business owner and the valet. Mr. Aronson stated the City has the agreement with the
restaurant and the restaurant hires the valet. Mr. Aronson stated in the cities that do valet
services such as this they also provide the spaces for the valets in their municipal parking.
Mayor Glickstein asked Mr. Aronson if he feels this is the way the parking management
program should be done. Mr. Aronson stated the program needs tweaking to make it
.12
03/04/14
more efficient and he does not agree with the cap because he feels the cap has had a
negative effect. Mr. Aronson stated there are several property owners on the weekends
and during season where they will open their parking lots and they will have someone sit
there to collect $5.00. Mr. Aronson stated the City charges $5.00 in the garage; if
someone is driving around looking for that free space and they do not find it, for an
additional $5.00 they just pull up to the valet and there it is. Mr. Aronson stated the cap
has diluted the value of the service and has overburdened the system and noted most of
the valets are full. Mayor Glickstein stated by charging a market rate it reduces
significantly roving around blocks looking for a free parking space and feels the City is
encouraging that. Mayor Glickstein stated if this were a six month or one year agreement
until the City has a parking management program that is fine but this is a three (3) year
agreement and he has no confidence that the City is charging the market rates and does
not feel that capping this is the right thing to be doing. Mayor Glickstein stated the
parking garage is managed in almost a third world manner and expressed concern that the
City cannot get a Parking Management Program that is befitting a town with the assets
that we have. Mayor Glickstein stated he cannot support this because this is counter-
intuitive to everything that he has read regarding parking management.
The City Manager suggested that the valet parking license agreements be
renewed for a one (1) year period versus three (3)years.
Mr. Frankel suggested renewing the valet parking license agreements to
September 30, 2014.
It was the consensus of the Commission to support renewing the valet
parking license agreements to September 30, 2014.
The Interim City Attorney stated the renewal of the valet parking license
agreement for Caffe Lune Rosa (#6) should read east of the Intracoastal not west. In
addition, the Interim City Attorney stated the agreements for Max's Harvest, Cut 432,
and Caffe Luna Rosa need the corporate name (Max Group LLC, 432 LLC, and Caffe
Luna Rosa Inc.).
Mr. Jacquet withdrew his motion and Mr. Frankel withdrew his second.
Mr. Aronson stated that Prime is going before the Parking Management
Advisory Board(PMAB) in March.
Mr. Frankel moved to approve to renew the valet parking license
agreements (#1-6) to September 30, 2014, 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.
At this point,the time being 7:25 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
13
03/04/14
lo. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 05-14: Consider an amendment to Chapter 36,
"Acquisition of Goods and Services and Disposal of City Property", of the Code of
Ordinances, by amending Section 36.04, "Protest Procedures", to provide for time
requirements for the City's response to bid protests; and amending Section 36.07,
"Termination, Extension, and Renewal", to clarify which contracts may be terminated by
the City Manager.
The caption of Ordinance No. 05-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 36, "ACQUISITION OF
GOODS AND SERVICES AND DISPOSAL OF CITY
PROPERTY", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 36.04, "PROTEST
PROCEDURES", TO PROVIDE FOR TIME
REQUIREMENTS FOR THE CITY'S RESPONSE TO
BID PROTESTS; AND AMENDING SECTION 36.07,
"TERMINATION, EXTENSION, AND RENEWAL" TO
CLARIFY WHICH CONTRACTS MAY BE
TERMINATED BY THE CITY MANAGER;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 05-14 is on file in the City Clerk's
office.)
The Interim 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. There being no one
from the public who wished to address the Commission regarding Ordinance No. 05-14,
the public hearing was closed.
i
Mrs. Petrolia inquired about Section 36.04 Protest Procedures of the
ordinance specifically Section 36.04(D) Protest Committee and asked why there is a
strikethrough the last sentence
). The Interim City Attorney stated this was moved up
further in the paragraph and should read as follows: "If the Protest Committee denies the
protest, the protestor may appeal to the City Commission. The protest appeal shall be
14
03/04/14
heard at the next available City Commission meeting." In addition, Mrs. Petrolia
inquired about Section 36.07, Termination, Extension and Renewal specifically Section
36.07(B)(1) Termination reads as follows: "Contracts that were approved by the City
Manager and not approved by the City Commission may be terminated by the City
Manager."
The Interim City Attorney stated Section 36.07(B(1) Termination of the
ordinance should read as follows: "Contracts that were approved by the City Manager
and not approved by the City Commission shall be terminated by the City Manager."
For procedural purpose, Mr. Jacquet stated when a Commissioner makes a
suggestion for a change they have to have a consensus for the change and he suggested
that the Interim City Attorney make a brief statement asking the Commission if there are
any objections versus just changing it.
Mr. Frankel moved to adopt Ordinance No. 05-14 on Second and FINAL
Reading with changes as proposed by Commissioner Petrolia, seconded by Mrs. Petrolia.
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.
10.B. ORDINANCE NO. 03-14 Consider a privately-initiated small-scale
Future Land Use Map (FLUM) amendment from TRN (Transitional) to MD (Medium
Density Residential 5-12 duiac) and an associated amendment to the FLUM to identify
that the property is included within the Southwest Neighborhood Overlay District, a
parcel of land located on the south side of S.W. 1" Street, between S.W. 1st Avenue and
S.W. 2nd Avenue within the Coda Development. (Quasi Judicial Hearing)
The caption of Ordinance No. 03-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA
ADOPTING A SMALL-SCALE COMPREHENSIVE
PLAN AMENDMENT, PURSUANT TO THE
PROVISIONS OF THE "COMMUNITY PLANNING
ACT", FLORIDA STATUTES SECTION 163.3187, FOR
A SMALL-SCALE FUTURE LAND USE MAP
AMENDMENT FROM TRN (TRANSITIONAL) TO MD
(MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) FOR
LAND LOCATED ON THE SOUTH SIDE OF SW 1ST
STREET, BETWEEN SW 1ST AVENUE AND SW 2ND
AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN AND AN ASSOCIATED AMENDMENT TO
THE FUTURE LAND USE MAP TO IDENTIFY THAT
SAID PROPERTY IS INCLUDED WITHIN THE
SOUTHWEST NEIGHBORHOOD OVERLAY
DISTRICT; PROVIDING A GENERAL REPEALER
15
03/04/14
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 03-14 is on file in the City Clerk's
office.)
The Interim 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 asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he met with Mr. Kevin Ricker on behalf of Coda
Development. Mrs. Gray stated she had no ex parte communications. Mayor Glickstein
stated he received a telephone call from the applicant. Mr. Jacquet stated he had no ex
parte communications to disclose. Mrs. Petrolia stated she had no ex parte
communications to disclose.
Mark McDonnell, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file 42014-059 into the record.
Mr. McDonnell stated this is a privately initiated amendment and the
proposal is to change it from (TRN) Transitional to MD (Medium Density Residential 5-
12 du/ac) and extends the MD north to include the entire parcel for Coda. Mr.
McDonnell stated the FLUM includes the land on the Southwest Neighborhood Overlay
District; right now you can only do 18 units per acre and the proposal is to take it up to 24
units per acre. Mr. McDonnell stated the overall Coda development contains 2.45 acres.
The subject area measures 0.86 acres and is vacant in part (north 0.62 acres). The south
0.24 acre portion of the subject parcel is improved with a driveway and parking area. Mr.
McDonnell stated prior to September 2004 all of this was MD and RM and the applicant
had proposed a transitional land use so they could zone it RO (Residential Office) and
there was eventually an approved development plan on this piece; the first and second
story were offices and the third story were four two-bedroom loft units and that piece of
the development never moved forward. He stated what the applicant is proposing now to
do is build four (4) four-unit townhouses so there will be sixteen (16) total and there is a
workforce component.
At its meeting of January 27, 2014, the Planning and Zoning Board held a
public hearing and recommended approval on a 7 to 0 vote. Staff recommends approval.
Tim Hernandez New Urban Communities (applicant), stated he is
present for any questions the Commission may have.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of Ordinance No. 03-14, to step forward at this time. There being
no one from the public who wished to address the Commission, the public hearing was
closed.
16
03/04/14
There was no cross-examination.
j
Mr. Jacquet expressed concern that the proper zoning was done in 2004.
Mr. Jacquet stated this piece of property is a prime piece of property to put ground level
offices and residential on top. He stated the front piece was changed to transitional (RO)
and now the City wants to change it back to Medium Density (MD) purely residential.
Mr. Jacquet expressed concern over bringing more residential to this area where the
Library, Courthouse and the Sundy House are located.
Mr. Frankel stated he too has expressed the concern over the lack of
offices around the Courthouse and believes there have been some financial issues with
the bank.
Mrs. Petrolia inquired about the number of units per acre. Mr. McDonnell
stated you can do 18 units per acre in the RM but if you include the area in the Southwest
Overlay District it moves it up to a maximum 24 units per acre. He stated this land use
changes from TRN (Transitional) to MD (Medium Density) and it also amends the
Southwest Neighborhood Plan to reflect that change as well. Mr. McDonnell stated
because it is in the Southwest Overlay District the RM District automatically affords a
maximum density of 24 units per acre.
Mrs. Petrolia asked what the current density is on the site. Mr. Hernandez
stated the rest of the development is 24 units per acre so all they are doing is extending
the density that is currently there. Also, Mr. Hernandez stated the residents signed
petitions which they submitted to the Planning and Zoning Board as part of the record
supporting this. Mr. Hernandez stated they will not be increasing the density that is
already there and they will be extending the buildings along S.W. 1St Avenue and S.W.
2"d Avenue and extend the courtyard in the middle to the north.
Mrs. Petrolia inquired about the applicant's trouble getting the financing
in order to be able to do the mixed-use development. Mr. Hernandez stated Fannie Mae,
Freddie Mac, and FHA will not provide mortgages for a mixed-use property because if
the property has more than 20% in the case of FHA and 25% in the case of Fannie Mae
you cannot get an FHA insured mortgage and you cannot sell those mortgages in the
secondary market. He stated you would have to minimize the amount of commercial so
if there was a slice of commercial on the first floor you would have to be four (4) more
stories on the top of it to be able afford someone the ability to get a mortgage.
Mrs. Gray stated she would like to see the office spaces there as well.
Mrs. Gray stated she knows that the CLT and the CRA have been funding a lot of the
units in the Coda development and asked Mr. Hernandez if he will be looking for them to
take on more of the properties there. Mr. Hernandez stated there were six (6) homes out
of the thirty-six (36) that were sold to the CLT or the CRA at a sub-market rate and at
this phase they have to provide four (4) more units that will meet the workforce housing
standard and noted they are not asking for any assistance. Mrs. Gray stated this change
will affect the Southwest neighborhood and possibly S.W. 1St to I-95 and asked if Mr.
17
03/04/14
Fernandez talked to WARC or the community about that change. Mr. Hernandez stated
they went the CRA Advisory Board and when they originally did this development they
went before WARC (2004).
Mr. Jacquet stated WARC is very instrumental in helping guide where the
City goes with regard to the Southwest Neighborhood. Mr. Jacquet stated the
Commission would like to have seen this conversation with the neighborhood as a whole.
Mr. Fernandez stated he spoke with the CRA Advisory Board and they did endorse it.
Mayor Glickstein stated what the applicant is wanting is what the property
used to be zoned as but for their actions in connection with this plan it would be that
zoning today. Mayor Glickstein stated it is not fair to penalize someone who has made a
good faith effort in connection with a development plan and for myriad reasons that does
not come to fruition that they cannot go back to what it was before they attempted that
plan. He stated they are not asking for something that did not exist for many decades but
for the confluence of economic factors they want to change it back to what it was. Mayor
Glickstein stated that is an important distinction between what they are asking for and he
supports it.
Brief discussion continued between the City Commission and staff
regarding the zoning.
Mr. Jacquet commented about this being similar to the Ralph Buick
project. Mayor Glickstein stated that was the Wal-Mart project that went from AC j
(Automotive Commercial) zoning to GC (General Commercial) and that was not
supported. Mr. McDonnell stated he recalls that this property went from AC to GC back
to AC. Mr. Jacquet stated with regard to zoning a piece of property once it is zoned
someone can scrap whatever plans they gave you and build something that still falls
within that zone.
Mayor Glickstein stated he believes zoning is contextual not necessarily
financial.
Mayor Glickstein stated one of the distinguishing characteristics with the
Wal-Mart project is there was a Chamber full of people against it. Mr. Jacquet stated
there may be people in the Northwest/Southwest community that may oppose this and
expressed concern that WARC has not been met with these residents.
Mayor Glickstein stated this is the second reading,there has been adequate
notice, and the CRA Board and the Planning and Zoning Board recommended approval.
Mr. Frankel moved to adopt Ordinance No. 03-14 on Second and FINAL
Reading, 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 a 4 to 1 vote, Commissioner Jacquet dissenting.
i
18
03/04/14
9.C. APPOINTMENT TO THE CODE ENFORCEMENT BOARD:
Appoint one (1) alternate member to serve an unexpired term ending January 16, 2016 to
the Code Enforcement Board. Based upon the rotation system, the appointment will be
made by Commissioner Gray (Seat 44).
Prior to the vote, Mrs. Petrolia stated Stanley Brodka has been on this
Board before and was an excellent member.
Mrs. Gray moved to appoint Stanley Brodka to the Code Enforcement
Board as an alternate member to serve an unexpired term ending January 16, 2016,
seconded by Mr. Frankel. 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.
11. FIRST READINGS:
A. None
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
12.A. City Manager
With regard to the status of the Police negotiations, the City Manager
stated one of the negotiators was not available for that date. The City Manager stated the
date proposed before the Police is their first date to be available. The City Manager
stated at the point the City makes a negotiated contract he recommends that the contract
be retroactive.
Secondly, the City Manager suggested that the Commission hold a Special
Meeting on March 13, 2014 to only canvass the votes of the March 11, 2014 Municipal
Election and cancel the March Workshop meeting.
Mr. Frankel moved to cancel the March Workshop meeting, 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.
The City Manager stated the resident parking in the Marina District will
begin April 1, 2014 and this will be a one-year experiment to see how it works.
The City Manager stated staff will have a Workshop meeting on the
Homelessness Legislation before it is brought to the City Commission for action.
The City Manager stated the City put out a media release that the City has
five (5) vacant department head positions not nine (9) and the City is doing background
checks on the candidates for the Assistant City Manager position. The City Manager
stated the City opted to re-advertise nationwide for both the Finance Director and the
19
03/04/14
Planning and Zoning Director. The City Manager stated those responses are due by the
end of March.
Lastly, the City Manager stated he has asked Mr. Barcinski to get a group
together to look at the use of food trucks for special events and other events. The City
Manager stated the City has had some communication from some of the vendors in and
around Atlantic Avenue who feel that food trucks are a detriment to their business. The
City Manager stated the City wants to give these merchants the opportunity to participate
in whether or not there should be some limitations. The City Manager stated the City
would like the merchants to participate in the process and give feedback if the City
should do anything different with regard to special events. The City Manager stated if the
merchants make recommendations to the City staff will bring these recommendations
before the Commission.
12.5. City Attorne
The Interim City Attorney clarified that loitering is actually regulated by
State Statute and it provides that it is a misdemeanor if the Statute is violated. With
regard to concerns about loitering, the City will contact the various businesses around
town where there is known to be loitering and try to have a meeting with those business
owners to make sure they are aware of the Statute and that they call when there is a
problem so the Police Department can address that. Ms. Pybum stated the City will not
be addressing this with the homelessness ordinance because what the City can do is much
smaller than what the State Statute allows for.
12.C. City Commission
12.C.1. Mr. Jacguet
Mr. Jacquet stated he is working with a few individuals in rebuilding
Atlantic High School's weight room. He stated if anyone that can donate or participate
and help with some time and labor it is greatly appreciated. Mr. Jacquet stated they are
putting together a team to rebuild the weight room and they will also need new weight
lifting equipment.
Secondly, Mr. Jacquet stated on March S, 2014 from 9:00 a.m. --3:00 p.m.
at Pompey Park there is a Preserving Homeownership Clinic for people facing
foreclosures. He stated this is free of charge to the public and it is in collaboration with
the Urban League of Palm Beach County.
Mr. Jacquet stated the State Legislative Session started today.
Lastly, Mr. Jacquet stated it is disconcerting that the Commission spent
one hour discussing valet queues and decided to Workshop it but little time discussing the
PBA contract. Mr. Jacquet stated he is glad to hear that there was no unnecessary delay
on the City's part but he feels the Commission has to show good faith in making sure that
the City pays as much attention to that contract as they have done with other contracts.
20
03/04/14
12.C.2. Mrs. Petrolia
Mrs. Petrolia stated going forward she feels that the Commission if there
is an ongoing investigation on any matter involving the City an official can speak to it
until such a time that they are sworn in and given the ground rules on personal procedure.
For the record, Mrs. Petrolia stated she did not bring this matter to the OIG (Office of
Inspector General) for investigation. Mrs. Petrolia stated there is a new social media
website called "Delray Report" sent out by former Mayors McDuffie, Ellis and Alperin
and they recently reported"Currently S of 12 department heads are gone and according to
the public record a 9b has had a complaint filed with the Inspector General by a sitting
Commissioner over the emergency purchase of garbage cans." For the record, Mrs.
Petrolia stated she has been falsely accused by at least one of these former Mayors and
she is not the sitting Commissioner who allegedly filed the complaint with the OIG.
With regard to the S department heads that have left that is a matter that has to be taken
up with the City Manager; the City Commission has nothing to do with hiring, firing, or
keeping department heads with the exception of the City Manager and the City Attorney.
Secondly, Mrs. Petrolia stated she attended the Waste Management
hearing last Thursday and was extremely impressed by the performance of the City's
outside counsel and the case law stemmed back to the 1930's. Mrs. Petrolia stated how
closely the cited case law mirrored current dealings with the beach cabana contract. Mrs.
Petrolia stated she feels it is the duty of the Interim City Attorney to relay her thoughts on
this to the City Commission. Mrs. Petrolia states she was uncomfortable with hearing the
Waste Management case law which prohibits making material changes to a contract after
an RFP. Mrs. Petrolia urged Terrill Pyburn, Interim City Attorney to look into this and
advise the City Commission accordingly. The beach cabana contract is continuing to
experience breaches.
With regard to Parks and Recreation, Mrs. Petrolia entered into the record
a letter regarding the ball fields and asked that the Parks and Recreation Department look
into this.
Mrs. Petrolia stated she attended the Green Forum last night and one of the
candidates mentioned that the City is receiving $100,000 annually from the recycling
program on our beaches alone. She stated if there is this money to be had then the City
needs to make recycling a priority. Mrs. Petrolia asked that staff look into this and find
out if this is a correct figure.
Lastly, Mrs. Petrolia stated at the Green Forum Commission candidate
Chris Davey brought to her attention that there is a company that comes to cities free of
charge and does an audit to see where savings can be done from green initiatives and
what savings will result from these recommended changes; they use their own money to
make the green changes so they take on the entire risk and they then share in the savings
with the city. Mrs. Petrolia stated this program is free to the city and the company
becomes the responsible party to maintain that initiative and less man power is necessary.
She stated there are other municipalities that currently use this company including the
21
03/04/14
Palm Beach County School Board. Mrs. Petrolia stated the city needs to become greener
and become more proactive to recapture the dollars the city is losing on a daily basis.
12.C.3. Mrs. Gray
Mrs. Gray read the rest of the letter referenced by Commissioner Petrolia
because she feels some points were missed. For the record, Mrs. Gray stated she has
declared Delray Beach to be a Sports Destination and Mrs. Petrolia brought this up
previously that when the City brought in the Super 25 Perfect Games that they were
kicked off the field and for the record Mrs. Gray clarified that this is not what she and
Commissioner Petrolia are talking about.
Secondly, Mrs. Gray complimented Mr. Katz with regard to a comment
that he made at a previous meeting about Barwick Road about the children he represents
in that area who do not have sidewalks and who cannot advocate for themselves. Mrs.
Gray made a comment to Mr. Katz that she is the representative for the other children in
the City of Delray Beach at Village Academy, Spady, Pine Grove, and the other areas
that did not have sidewalks as well. For clarification, Mrs. Gray stated that she and Mr.
Katz were actually on the same page.
12.C.4. Mr. Frankel
Mr. Frankel stated with regard to Officer Ferreri's comments, he feels this
shows a lack of good faith. Mr. Frankel stated he would like this to be a priority.
Secondly, Mr. Frankel stated with regard to the food trucks, he would like
to see the City invite Salt Water Brewery to those discussions. He stated the objections
to the food trucks in the downtown core he understands; however, Mr. Frankel stated
when the only competition is two gas stations across the street he feels it is a different
circumstance. He stated he understands the objections to competition but this is an area
where there is no food service it could be for discussion and a vote of the Commission.
Mr. Frankel stated Friday he met with the State Attorney Dave Aronberg
and during that time they spoke to two members of the Police Department regarding the
vagrancy and panhandling issues. Mr. Frankel extended kudos to the Police Department
for what they are doing and noted it is not through the lack of what the Police Department
is doing. Mr. Frankel stated a particular individual got arrested 15 times last month who
he saw panhandling last night and in her prison outfit that she was released on her own
recognizance.
Mr. Frankel commented that he early voted today at the Supervisor of
Elections Office on Congress Avenue in Delray Beach. For clarification, the City Clerk
stated what Mr. Frankel is referring to is voting absentee. The City Clerk stated the
absentee ballots were released as of February 215` and the City of Delray Beach opted out
of early voting pursuant to Ordinance No. 02-05. The City Clerk stated anyone can go to
22
03/04/14
the Supervisor of Elections Office and request an absentee ballot and vote; however, the
City Clerk stated it is not referred to as early voting.
12.C.5. Mayor Glickstein
Mayor Glickstein suggested that the Public Information Officer put
something out tomorrow regarding where people can go for the absentee voting.
Secondly, Mayor Glickstein stated he was advised of that date over a
month ago and asked the City Manager whey there is now a scheduling conflict with the
City's attorney regarding the March 19 date for the PBA negotiations. Mayor
Glickstein stated Mr. Linn needs to be informed that this is not acceptable to the City and
he needs to take another look at his priorities because the City Commission is bearing the
brunt of criticism. Mayor Glickstein stated if Mr. Linn wants to represent Delray Beach
he needs to stick to commitments that far in advance. The rest of the Commission
concurred with Mayor Glickstein's comments.
Mayor Glickstein clarified with the City Manager that there are actually
four (4) vacant department head positions and one (1) Assistant City Manager. Mayor
Glickstein stated perhaps the people that are putting out the mis-information can check
the facts; there are not nine (9) department head vacancies but there are actually four (4);
five (5) including the Assistant City Manager. The City Manager noted the highest
number of vacancies was six (6) but now the Parks and Recreation Director position is
filled.
Lastly, Mayor Glickstein stated when there is mis-information on social
media he would like to see the City become more proactive and timely regarding
clarification because he feels the residents are entitled to the City's perspective and the
facts. Mayor Glickstein stated mis-information is promoted and it is not accurate. Mayor
Glickstein clarified that he is not suggesting that the City police social media but when it
does become apparent to the City that the Public Information Officer provide
clarification.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 8:16 p.m.
City Clerk
I
23
03/04/14
i
ATTEST:
i
AYOR
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 March 4, 2014, which Minutes were formally approved and adopted by the City
Commission on April 16, 2014.
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.
24
03/04/14
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER.REQUESTS FOR S&H EXXON LOCATED AT 206 NE 47H STREET
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The waiver requests for S&H Exxon located at 206 NE a Street has
come before the City Commission on March 4, 2014.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to. the waiver requests for S&H Exxon
located at 206 NE-4th Street. All of the evidence is a part of the record in this case.
1. Waivers: Pursuant to LDR Section 2.4-,7(B)(5), prior to granting a waiver; the
approving body shall make a finding that the granting of the waiver:
(a) shall not adversely affect the neighboring area;
(b) shall not significantly diminish the provision of public facilities;
(c) shall not create an unsafe situation;.and
(d) does not result in the grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for
another applicant or owner:.
A. Pursuant. to LDR 4.6.16(H)(3)(i),, terminal landscape islands are:
required to be located at the end of each parking row and have a minimum width
of nine feet (9') and a depth of Fifteen feet(15') for a total of one-hundred thirty-
five (1135) sq.ft.
i
A waiver has been requested to eliminate the requirement for the terminal
landscape islands on either side of the proposed single handicap space. Similarly, the
applicant proposed to reduce the width of the landscape island on the:northernmost end
of the proposed six-space parking row from nine feet (9) to five feet four inches.(5'4").
Should the waiver to Section 4..6.16(H)(3)(i) to allow for the elimination of
terminal landscape islands on either side of the handicapped parking
space and to reduce the width of the landscape island on the northernmost
end of the proposed six-space parking row from 9 feet.to 5'4" be granted?
Yes ✓ No
03-04-14 Regular Meeting
S. Pursuant to LDR Section,4.6.16 (H)(3)(d)., a landscape barrier shall be
located beNveen the common tot line and the off-street parking area or other
vehicular use area in a planting strip of not less than five foot (5') in width.
A waiver has. been requested to reduce the landscape barrier rf from five feet (5).to
three: feet (31) to: accommodate a two foot (2) alley r.o.w; dedication required for the
-site.
Should the waiver to Section 4.6.16(H)(3)(d) to reduce the landscape barrier
from 5' to 3' be granted?
Yes ✓ No
C. Pursuant to LDR Section 4 6.18 (B)(14)(iv)(2), the mini
or glass surface area on the ground floor of all non-residential
buildings shall be a minimum of 75%,
A waiver has been requested to reduce the:glass transparency'area.from 75% to
53.4°lo along the NE 4t Street facade.
Should the waiver to Section 4.6.18(13)(74)(iv)(2) to reduce the glass
transparency area from 75% to 53.4% along the NE 4, Street farads be
granted?
Yes ✓ No
3. The City Commission has applied the Comprehensive Plan and. LDR
requirements in existence at the time the original plat was submitted.
4. The City Commission finds there is ample and competent substantial
evidence.to support its findings in:the. record submitted and adopts the facts-contained
in the record including but riot limited to the staff reports, testimonyof experts and other
competent witnesses which supports.the findings set forth in this Order.
5. Based on the entire record before it, the City Commission approves; ,/_ . .
denies the waivers and hereby adopts this Order this 4th day of February, 2014,
by a vote of 5 in favor and . 0 opposed.
F
{
.ATTEaT. apr'r C' ry D lickstein,.
��
Mayor
5
Cheyed Ehubin; Cif filer.
t
k# ,, 03-04-14 Regular Meeting