04-01-14 Regular Meeting Minutes APRIL 1,2014
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,April 1,2014.
1. Roll call showed:
Present- Vice Mayor Shelly Petrolia
Commissioner Adam Frankel
Deputy Vice Mayor Jordana Jarjura
Mayor Cary Glickstein
Absent- Commissioner Alson Jacquet
Also present were - Louie Chapman, Jr., City Manager
Terrill Pyburn, Interim City Attorney
Chevelle D.Nubin, City Clerk
2. The opening prayer was delivered by Reverend Kathleen Gannon with St.
Paul's Episcopal Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. APPROVAL OF MINUTES:
Vice Mayor Petrolia moved to approve the Minutes of the Special Meeting
of February 28, 2014, seconded by Deputy Vice Mayor Jarjura. Upon roll call the
Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes;
Mayor Glickstein — Yes; Vice Mayor Petrolia— Yes. Said motion passed with a 4 to 0
vote.
Vice Mayor Petrolia moved to approve the Minutes of the Special Meeting
of March 13, 2014, seconded by Deputy Vice Mayor Jarjura. Upon roll call the
Commission voted as follows: Deputy Vice Mayor Jarjura Yes; Mayor Glickstein —
Yes; Vice Mayor Petrolia — Yes; Mr. Frankel — Yes_ Said motion passed with a 4 to 0
vote.
Vice Mayor Petrolia moved to approve the Minutes of the Annual
Organizational Meeting of March 27, 2014, seconded by Deputy Vice Mayor Jarjura.
Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor
Petrolia — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura --- Yes. Said motion
passed with a 4 to 0 vote.
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5. PRESENTATIONS:
S.A. RESOLUTION NO. 12-14: Approve Resolution No. 12-14 recognizing
and commending Eric Feld for 30 years of dedicated service to the City of Delray Beach.
The caption of Resolution No. 12-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING ERIC FELD FOR THIRTY
YEARS OF SERVICE TO THE CITY OF DELRAY
BEACH.
(The official copy of Resolution No. 12-14 is on file in the City Clerk's
office.)
Mayor Glickstein read Resolution No. 1-14 into the record and presented
Eric Feld with a plaque.
Mr. Frankel moved to approve Resolution No. 12-14, seconded by Vice
Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia—
Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes.
Said motion passed with a 4 to 0 vote.
Mr. James Scala read a brief statement into the record. Mr. Feld came
forward to accept the resolution and plaque and gave a few brief comments.
5.8. Update on the Marina Historic District Resident Parking Program
The City Manager requested that this item be combined with the Agenda
Item 8.R., Resolution No. 14-14 and that it be moved to the Regular Agenda as Item
9.A.A.
At this point, the Commission moved to Comments and Inquiries on
Agenda and Non-Agenda Items from the City Manager and the Public Immediately
Following Presentations.
6.A. City Manager's response to-prior public comments and inquiries.
With regard to previous comments about the lack of consideration on the
City's part for people who live at the Marina, during the presentation the City
Commission will hear about how the City will accommodate the people at the Marina for
the permit parking program.
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6.13. From the Public.
6.B.1. Yvonne Odom, 3905 Lowson Boulevard, Delray Beach,FL 33445,read
a letter (dated March 27, 2014) into the record from a young man who played Little
League several years ago. Ms. Odom invited the City Commission to come out to
Pompey Park and support the Little League.
6.B.2. Dr. Josh Smith 3616 Avenue De Gien DeIrgy Beach FL 33445
expressed concern over the City Manager taking over two months to respond if at all to
community concerns in the Southwest/Northwest neighborhood area. Dr. Smith stated if
the City Manager is going to continue to ignore community concerns brought to him in
good faith in his opinion it speaks volumes about him to the community as it relates to
what seems to be a lack of care about this community's concern. Dr. Smith stated he
hopes that trend will change sometime in the near future.
6.11.3. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444,
commented about the March 27, 2014 Organizational Meeting and she feels it was
unprofessional that the entire Commission did not take a photograph with Commissioner
Gray.
At this point, Mr. Sloan asked if Item B.R., Resolution No. 14-14 is
going to be on the public hearing section so that the public can make three minute
comments.
Vice Mayor Petrolia moved to approve to allow public comment for Item
9.A.A. (formerly Item 8.R.), at the time the item is being discussed, seconded by Deputy
Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Deputy Vice
Mayor Jarjura—Yes; Mayor Glickstein—Yes; Vice Mayor Petrolia—Yes; Mr. Frankel—
Yes. Said motion passed with a 4 to 0 vote.
6.B.4. Jackie Goodheart, 2903 Hillsboro Road, West Palm Beach, FL 33405,
during the economic downturn he had many money issues and he had a choice of whether
to close his business or stay open and Business Loan Fund was very helpful with their
technical assistance on obtaining the funds to keep his business alive so he can exist
today.
6.B.5. Scott Stettner, 86 MacFarlane Drive #6G,-Delray Beach, FL 33483,
stated following the presentation with regard to Eric Feld there was a wonderful article
today in the New York Post about Delray Beach and congratulated the City leaders for
another milestone. Mr. Stettner spoke on behalf of the Bar Harbour Condominium
Association as a follow-up to a letter he sent to the City Commission via email on March
24, 2014 regarding a letter he sent to the City Manager dated February 27, 2014 with
reference to the Bar Harbour Condominium Association and excessive noise emanating
from the chillers located on top of the Seagate Hotel Garage. Mr. Stettner stated Bar
Harbour Condominium Association received no acknowledgement or communication
from the City Manager in reference to the letter. Mr. Stettner stated they have been
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attempting to resolve this matter for approximately three years by first by addressing the
matter with the Seagate Hotel management, then Code Enforcement, and then to the City
Manager's office. He asked the City Commission for their support to address the
excessive noise disturbance from the Seagate Hotel which they believe is a violation of
the City's noise ordinance.
6.11.6. Julie Alexis Access Accountine and Pa roll business owner in the
City of Delray Beach and Boynton Beach and a consultant with the organization,
briefly spoke about Item 9.B. and stated this has helped small business owners
specifically minority business owners in Palm Beach County. Ms. Alexis urged the City
Commission to continue this program in the City of Delray Beach.
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6.11.7. Jinn Franklin 244 S.E. 7th Avenue Delray Beach FL 33483 briefly
spoke about the parking issues in the Marina Historic District and stated he recently had
his car broken into about three weeks ago and feels if they have control of the parking in
this area it would make for a safer place. Mr. Franklin commended the Delray Police for
helping him understand better how to maintain security for his property.
7. AGENDA APPROVAL.
The City Manager requested that Item S.B., U date on the Marina
Historic District Resident Parking Program and Item S.R., Resolution No. 14-14 be
moved to the Regular Agenda as Item 9.A.A.
Vice Mayor Petrolia requested that Item S.T., Amendment No. 1 to
Agreement/Gabriel, Roeder, Smith, and Company (GRS) be moved to the Regular
Agenda as Item 9.13.13. In addition, Vice Mayor Petrolia thanked the City Clerk's office
for their preparation of the Commission binders and dividing up the bid awards because it
made it easier for her to find.
Deputy Vice Mayor Jarjura requested to postpone Item S.A., Request for
Sidewalk Deferral Agreements/202 Seabreeze Avenue, Item B.B., Request for a
Sidewalk Deferral Agreement/609 Seagate Drive, Item 8.C., Request for Sidewalk
Deferral AEreement/130 S.E. 7th Avenue, Item 8.D., Request for a Sidewalk Deferral
and Easement Agreement/1209 Crestwood Drive to the Consent Agenda at the regular
City Commission meeting of April 16, 2014. In addition, Deputy Vice Mayor Jarjura
requested that Item B.L., Resolution No. 13-14 be removed from the Consent Agenda
and moved to the Regular Agenda as Item 9.C.C. and Item, S.M., Grant
Submittal/Transportation to the Palm Beach Metropolitan Planning Organization
MPO be moved to the Regular Agenda as Item 9.D.D.
Vice Mayor Petrolia moved to approve the Agenda as amended, seconded
by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor
Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Frankel — Yes; Deputy Vice Mayor
Jarjura—Yes. Said motion passed with a 4 to 0 vote.
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S. CONSENT AGENDA: City Manager Recommends Approval.
8.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR CITY
COMMISSION MEETING OF APRIL 16,2014.
S.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR CITY
COMMISSION MEETING OF APRIL 16,2014.
S.C. THIS ITEM HAS BEEN MOVED TO THE REGULAR CITY
COMMISSION MEETING OF APRIL 16,2014.
8.D. THIS ITEM HAS BEEN MOVED TO THE REGULAR CITY
COMMISSION MEETING OF APRIL 16,2014.
8.E. ACCEPTANCE OF A RIGHT-OF-WAY DEED/130 S.E. 7Tn
AVENUE: Approve and accept a right-of-way deed for the new construction of a single-
family residence located within the Marina Historic District at 130 S.E. 7t'Avenue.
S.F. SERVICE AUTHORIZATION NO. 12-09/KIMLEY-HORN &
ASSOCIATES, INC: Approve Service Authorization No. 12-09 with Kimley-Horn and
Associates, Inc. in the amount of $9,600.00 for data collection and analysis for a
before/after study for the Palm Trail Neighborhood. This recommendation is in
compliance with Ordinance No. 29-13, Section 36.02(C)(3), Methods of Acquisition,
Professional Services; Section 36.03(B), Multiple Acquisitions from Vendor Exceeding
$25,000 in any Fiscal Year; and Section 36.06(A)(2), Change Orders, Within Scope of
Work. (City Project 414-074). Funding is available from 001-2911-519-31.30 (General
Fund: Professional Services/Engineering/Architectural).
S.G. SERVICE AUTHORIZATION NO. 12-08/KIMLEY-HORN AND
ASSOCIATES, INC.: Approve Service Authorization No. 12-08 with Kimley-Horn and
Associates, Inc., in the amount of$4,450.00 for professional services (RFQ No. 2012-06)
for the completion of a four-way stop sign warrant study at the intersection of N.W. 2nd
Street and N.W. IO h Avenue. This recommendation is in compliance with Ordinance No.
29-13, Section 36.03 (B), "Multiple Acquisitions from a Vendor Exceeding $25,000.00".
Funding is available from 001-2911-519-31.30 (General Fund: Professional
Services/Engineering/Arehitectural).
8.H. SERVICE AUTHORIZATION NO. 12-03/WANTMAN GROUP,
INC.: Approve Service Authorization No. 12-03 with Wantman Group, Inc. in the
amount of $5,700.48 via RFQ No. 2012-07 for modification of the existing drainage
easement that borders the Fairways of Delray Subdivision. This recommendation is in
compliance with Ordinance No. 29-13, Section 36.03 (B), "Multiple Acquisitions from a
Vendor Exceeding $25,000.00". Funding is available from 448-5411-538-31.30 (Storm
Water Utility Fund: Professional Services/Engineering Architectural).
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S.I. SERVICE AUTHORIZATION NO. 12-05/CALVIN, GIORDANO
AND ASSOCIATES, INC.: Approve Service Authorization No. 12-05 with Calvin,
Giordano and Associates, Inc. in the amount of$4,442.70 for electrical construction
administration services (Bid No. 2012-06)related to N.E. I"Avenue Improvements. This
recommendation is in compliance with Ordinance No. 29-13 "Acquisition of Goods and
Services and Disposal of City Property", Section 36.02 "Methods of Acquisition" (C)
"Direct Acquisition Method" (3) "Professional Services". Funding is available from 334-
3162-541.68-84 (General Construction Fund: Other Improvement/ N.E. 15t Avenue
Improvements).
8.J. AMENDMENT NO. 2 TO THE INTERLOCAL .
AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/S.W. 2"
STREET: Approve Amendment No. 2 to the Interlocal Agreement between the City and
Community Redevelopment Agency (CRA) to provide funding for the irrigation and
landscaping maintenance associated with the S.W. 2nd Street Beautification (Project
2010-039).
8.K. HOLD HARMLESS AGREEMENT 1982 McCLEARY
STREET: Approve a Hold Harmless Agreement with Henry Shefet (Owner) to install
an aluminum fence in a City right-of-way for the property located at 982 McCleary
Street.
B.L. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.C.C.
S.M. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.D.D.
8.N. HOUSING REHABILITATION GRANT (CONTRACT AWARD
FOR 130 S.W. 5 AVENUE: Award one (1) Housing Rehabilitation contract through
the Community Development Block Grant (CDBG) to the lowest responsive bidder, Built
Solid Construction, LLC. for 130 SW 5th Avenue in the amount of$28,638.50. This
recommendation is in compliance with Ordinance No. 29-13, Section 36.02, "Methods of
Acquisition" (A), (1) "Sealed Competitive Method". Funding is available from
Community Development Block Grant 118-1963-554-49.19 (Neighborhood Services:
Other Current Charges).
j S.O. HOUSING REHABILITATION GRANT/CONTRACT AWARD
FOR 311 N.W. 11TH AVENUE: Award one (1) Housing Rehabilitation contract through
the Community Development Block Grant (CDBG) under Bid#05-2014NS, to the lowest
responsive bidder, CJ Contracting, LLC. for 311 N.W. 11th Avenue in the amount of
$27,384.68. This recommendation is in compliance with Ordinance 29-13, Section 36.02,
"Methods of Acquisition" (A) (1) "Sealed Competitive Method". Funding is available
from 118-1963-554-49.19 (Neighborhood Services: Other Current Charges/Housing
Rehabilitation) and 118-1936-554-49.19 (Neighborhood Services: Other Current
Charges/Housing Rehabilitation).
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8.P. HOUSING REHABILITATION GRANT/CONTRACT AWARD
FOR 709 N.W Is' STREET: Award one (1) Housing Rehabilitation contract through the
Community Development Block Grant (CDBG) under Bid #05-2014NS, to the lowest
responsive bidder, CJ Contracting, LLC. for 709 N.W. 1sT Street in the amount of
$26,894.20. This recommendation is in compliance with Ordinance No. 29-13, Section
36.02, "Methods of Acquisition" (A) (1) "Sealed Competitive Method". Funding is
available from 118-1963-554-49.19 (Neighborhood Services: Other Current
Charges/Housing Rehabilitation) and 118-1936-554-49.19 (Neighborhood Services:
Other Current Charges/Housing Rehabilitation).
8.(). INTERLOCAL AGREEMENTICOMMUNITY REDEVELOPMENT
AGENCY (CRA): Approve an Interlocal Agreement with Community Redevelopment
Agency (CRA) to request the City Attorney's office to prepare a quiet title action within
30 days of receiving the Quit Claim Deed for the Block 13 alley property from Palm
Beach County.
8.R. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.S. GRANT SUBMITTAL/TRANSPORTATION TO THE PALM
BEACH METROPOLITAN PLANNING ORGANIZATION (MPO): Provide
authorization to submit a grant to the Palm Beach Metropolitan Planning Organization
(MPO) Transportation Enhancement Program for a maximum award value of
$750,000.00 to be available in FY 2017-2018 for improvements along N.E. 2nd Avenue
and Seacrest Boulevard.
8.T. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.B.B.
S.U. PROCLAMATIONS:
lam. Paralyzed Veterans Association (PVA) Awareness Month -- April
2014
2. Water Conservation Month—Apri12014
3. Lynne Disease Awareness Month—May 2014
8.V. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Review of Appealable Land Development Board actions for the period from
March 17, 2014 through March 28, 2014
8.W. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Delray Motors in an amount not to exceed
$90,000.00 for the purchase of parts and outside services
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-
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3311-591.52-50 (Garage Fund: Operating Supplies/External Parts)
and 501-3311-591.52-52 (Garage Fund: Operating Supplies/City
Garage—Outside Service).
2. Bid award to B & B Underground Contractors, Inc. (Bid No. 2014-
17) in the amount of $727,866.00 for construction of the Delray
Shores WM Project (#2013-028/Bid # 2014-17). The
recommendation for award is in compliance with Ordinance No.
29-13, Section 36.02, "Methods of Acquisition", (A) "Sealed
Competitive Method", (1) "Competitive Bids. Funding is available
from 442-5178-536.68-93 (Water/Sewer Renewal & Replacement
Fund/Improvements Other/Delray Shores Water Main).
3. Bid award to Airgas Carbonic, Inc. (Bid # 2014-22) in the amount
of$97,900.00 for the purchase and delivery of Carbon Dioxide for
use in the Water Treatment Plant (WTP) process. The
recommendation for award is in compliance with Ordinance No.
29-13, Section 36.02, "Methods of Acquisition" (A)(1) "Sealed
Competitive Method". Funding is available from 441-5122-536-
52.21 (Water and Sewer Fund: Operating Supplies/Chemicals).
4. Contract award to Special Products Group, Inc. at an estimated cost
of $85,000.00 for uniform and equipment procurement for Police
Department personnel. The recommendation for award is in
compliance with Ordinance No. 29-13, Section 36.02(C)7(c), "Direct
Acquisition: Utilization of Other Governmental Entities Contracts".
Funding is available from 001-2111-521-52.22(General Fund:
Uniform Linen Service), 001-2111-521-52.27 (General Fund:
Operating Supplies Equipment <$1,000.00), 001-2115-521-522.22
(General Fund: Uniform Linen Service), and 001-2115-521-52.27
(General Fund: Operating Supplies Equipment <$1,000.00).
Vice Mayor Petrolia moved to approve the Consent Agenda as amended,
seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as
follows: Vice Mayor Petrolia--- Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura—
Yes; Mayor Glickstein—Yes. Said motion passed with a 4 to 0 vote.
9. REGULAR AGENDA:
9.A.A. RESOLUTION NO. 14-14: Approve Resolution No. 14-14; authorizing
the City to charge residents of the Marina Historic District a fee to obtain a residential
parking permit as part of the Marina historic District Residential Parking Permit Pilot
program that will take place from April 1, 2014 to March 31, 2015.
The caption of Resolution No. 14-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
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AUTHORIZING THE CITY TO CHARGE RESIDENTS
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OF THE MARINA HISTORIC DISTRICT A FEE TO
OBTAIN A RESIDENTIAL PARKING PERMIT AS
PART OF THE MARINA HISTORIC DISTRICT
RESIDENTIAL PARKING PERMIT PILOT PROGRAM
THAT WILL TAKE PLACE FROM APRIL 1, 2014 TO
MARCH 31, 2015.
(The official copy of Resolution No. 14-14 is on file in the City Clerk's
office.)
Randal Krejcarek, Director of Environmental Services, stated this item is
for a one year trial Residential Parking Permit Pilot Program for the Marina Historic
District. He stated staff has been meeting with the neighborhood and will also be
meeting with the marina residents that own the slips at the marina. Mr. Krejcarek stated
staff requests approval for charging $120 for the permit. He stated the Marina Historic
District is bounded by Atlantic Avenue south on the north side, S.E. 3`d Street on the
south side, the alley between northbound Federal Highway, S.E. 7th Avenue on the west
side, and the centerline of Marine Way on the east side. Mr. Krejcarek stated the actual
marina is not in the Marina Historic District. Mr. Krejearek stated the property had an
agreement that came to the Commission in the mid-1990's where residents of the Marina
Historic District were able to use ten (10) back out spaces on S.E. 7th Avenue and those
have been left out of the Residential Parking Permit Pilot Program based on the City
Commission action. He stated that Commission action also indicated that the property
would provide three (3) spaces off the alley and has nothing to do with the Parking
Permit Program. He stated the City started selling passes this week. Mr. Krejcarck stated
each resident of the Marina Historic District will be allowed to purchase two (2) parking
passes; for $120 you get a sticker for your car and a guest pass and a resident can also
purchase a second sticker if someone owns a second car. He stated this is a resident
program and with regard to seasonal rentals are not residents. Mr. Krejcarek stated
people who are boat owners and live in the marina and the fact that there are not enough
spaces, staff had a meeting with them last week and the City will be accommodating
them with additional passes for the east side of Marine Way between 15t and 2nd Street.
Mr. Krejcarek stated originally the people who own boats at the marina were only going
to have one pass which they have had but staff has since accommodated them because
several of them own two (2) cars. He stated a couple of meetings ago there was a
resident who gave some information regarding some usage of the east side of Marine
Way in front of the marina. Mr. Krejearek stated there was not a lot of usage (40-50%)
so staff feels comfortable with giving the extra guest pass to the people who have the
rentals of the boat slips in the marina. He stated the signs went up last week and
yesterday and again today some of the signs were taken down. Mr. Krejcarek stated the
City put them back up and if the signs come back down again then the City will put the
signs up permanently. Mr. Krejcarek stated this is a trial program and some adjustments
may have to be made. He stated there was a question about one(1)parking space in front
of one particular property about keeping it for ADA purposes. Mr. Krej carek stated the
City can do this but then they have to make it open to the public and have to make it
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ADA accessible so there would be expenditures to add sidewalks, crosswalks, etc. so it is
currently being left as a permanent space right now.
Mayor Ghckstein stated if anyone from the public would like to comment
on this item, to step forward at this time.
Bill Scvbcrt, 4981 Garden Drive, Delray Beach, FL 33445, asked for
staff to be more specific about what parking passes the marina residents will get and
asked the following questions: (1) will a sticker be assigned to a car, (2) will something
be passed from one car to another car, (3) will they have to pay $120, (4) although they
live in the marina are they going to be treated differently than the people who live in the
marina district.
Randolph Bligh, 159 Marine Way, Delray Beach, FL 33483 (boat
resident), stated when he first got the boat resident sticker they allowed him one sticker
for parking and said there was open parking on the west side of the street and that it
would remain that way. He stated now the City is changing that causing the people on
the west side of the street not to be able to use the parking unless they buy a sticker. Mr.
Bligh stated he does not feel this is reasonable and believes during the course of the year
there will be enough people buying stickers to limit the residents that could use that west
side to not be able to use it. He stated the people who own condos on the west side of the
street also have four (4) parking spaces behind the buildings and now the City is going to
be limiting the amount of people that can park on that west side. Mr. Bligh requested that
this remain open and that it not be subject to a permit.
_Eugenia Duponte, 24 Marine Way, Delray Beach, FL 33483, stated she
agrees with a parking program in the Marina Historic District; however, they had
neighborhood meetings and residents were presented with a letter dated January 24, 2014
which outlined what was going to happen with the parking program. Ms. Duponte stated
she signed it indicating that she wanted resident only parking but suggested that this be
done for the entire Marina Historic District because she did not think it would work in
just two areas. Ms. Duponte stated a few days ago she was handed another letter that
now has changed the initial letter to something else describing the $120 permit parking
fee. In her opinion, Ms. Duponte stated to ask people that live in a neighborhood to pay
$120 to park in front of their homes or in their neighborhoods, or have their guests pay to
park, is outrageous.
Claudia Willis, 160 Marine_Way, Delray Beach, FL 33483, stated the
residents support a parking program because they do need to exclude the overflow that
comes into the neighborhood from Atlantic Avenue. Ms. Willis stated the present
Parking Program excludes a lot of the neighbors. Ms. Willis stated she worked on the
National Designation and was very much part of the presentation when they received the
national designation for the district. She stated the live-aboards need a long-term
solution. Ms. Willis stated she was not included in the on-line process and no landlord or
tenant was included in the discussion and process. In her opinion, Ms. Willis stated it
was not transparent and open for all to participate and today she found out she cannot get
a license or parking at her property because she does seasonal rental (i.e. some six month
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rentals). She stated they are heavily rented in the Marina District long-term. Ms. Willis
suggested that the City address the entire district and have it transparent.
Dan Sloan, 106 7th Avenue, Delray Beach, FL 33483, stated he
conceptually supports a parking program but feels this particular program needs some
tweaking. Mr. Sloan stated he and his wife purchased a contributing historic apartment
building in the Marina District 17 years ago and they have invested hundreds of
thousands of dollars in this property. He stated they rent the units out seasonally
sometimes for one (1) month or six (6) months and almost exclusively these people have
rental cars. Mr. Sloan stated their tenants cannot park at this property and would have to
park a block away and walk. Mr. Sloan urged the Commission to delay the enforcement
of this program for six (6) months while a well thought out parking program can be
developed that is fair and equitable both to owners and renters.
Jason Harden, 701 S.E. lit Street, Delray Beach, FL 33483 (Marina
Historic District), concurs that there does need to be some parking control it needs to be
done in a way that provides a service to the residents and not cause any harm. Mr.
Harden stated he has one designated parking spot and if his family comes over he is
going to have to pay $120 for a guest parking spot and then he can only have one friend
or one family member at any given time. He stated there should be some way to
accommodate the needs of the residents while still controlling the overflow parking from
Atlantic Avenue. Mr. Harden urged the Commission to postpone this parking program
until the City can get input from the citizens.
Kathy Carpenello, 110 Marine Way, Delray Beach, FL 33483
(resident for the past 10 years), asked if the City mailed official notices to the residents
in that area notifying them of what was going to take place effective April 1, 2014. She
stated she had a house guest that received a parking ticket this morning at 10:30 a.m. and
feels they were premature on issuing the tickets and suggested that a warning be given.
Ms. Carpenello stated since she is the tenant is it the responsibility for the landlord to
provide permits to the renters so that they are allowed to have parking for themselves and
their guests. She stated the boat people that live north of S.E. 1s' and Marine Way are
going to get additional passes and asked for clarification whether or not residents are
going to receive additional passes.
Carolyn Patton, 1020 Tamarind Road, Delray Beach, FL 33483 and
owns the last buildable lot in the Marina Historic District at 73 Palm Square,
President of the Marina Historic District Homeowners' Association, states she has
worked with the City officials for approximately two (2) years to implement a "resident
only" parking plan in the district. Ms. Patton read a brief statement into the record and
stated this is the desire of the vast majority of the homeowners. She stated in 2012
petitions seeking "resident only" parking were submitted to the City Attorney's office
(80% of the residents supported it). Ms. Patton stated there were two (2) neighborhood
meetings at The Northern Trust to discuss the plan, seek input, and 14 board meetings. In
January 2014, the City mailed another letter to every building in the neighborhood
(owner) explaining the program including a ballot and 78% of the respondents supported
it. She stated she hopes the City is willing to sit with residents concerned about the $120
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permit fee and reach a consensus. Ms. Patton stated the other concern is signage and the
City has agreed to allow them to design signs that fit the scope and feel of the
neighborhood and get them installed after the trial period passes. She urged the
Commission to give them the time to work to resolve some of the issues and stated more
than 25% of the single family residence has already bought stickers. Ms. Patton urged
the Commission to implement the project and work out the kinks rather than delay the
trial project.
Peter Picciocca, 130 Marine Way,Delray Beach, FL 33483, stated prior
to today there are nine (9) parking spots in front of Marina Bay which does have private
parking on its own land in the back as well. Mr. Picciocca stated it also allows for 27
parking spots on the east side of Marine Way which is dedicated parking for the slip
renters of the marina. He stated the nine (9) parking spots in front of their building have
not just been occupied but have become car storage. Mr. Picciocca stated in some cases
the cars stay for weeks without being moved so there is no parking. Over the course of a
year, Mr. Picciocca stated he and his family have rarely been able to park in front of their
own residence.
Charles Dortch, 112 S.E. 7E" Avenue #2, Delray Beach, FL 33483,
asked the President of the Marina Historic District to convene a meeting with all the
people who are present this evening to (1) work with Mr. Krejcarek to resolve some of
the issues, and (2) everyone work together and get back in focus. Mr. Dortch stated
residents are getting capped on the backflows for the flooding problem by the water area.
He stated a moratorium could be a possibility; however, the "no parking" signs are very
good in the area.
Nancy MacManus, 138 Marine Way, Delray Beach, FL 33483
(President of the Marina Bay apartments), thanked Mayor Glickstein and
Commissioner Petrolia for pursuing the Waste Management issue for the residents of
Delray Beach. Ms. MacManus stated Marina Bay extended their gratitude and thanks to
City staff for implementing the Resident Parking Permit Pilot Program in the Marina
Historic District. She applauds the City for being pro-active and getting ahead of the
Atlantic Crossing Project with regard to traffic congestion and what would have been a
parking nightmare. Ms. MacManus stated this City wants to make this town biking and
walking friendly and Marine Way is the place where a lot of people walk, walk their
dogs, bike ride, and jog. She stated this is a main walkway for the residents to get to the
beach, downtown, and Deck 84. Ms. MacManus stated 7 Avenue will be impacted the
most and she feels we need to get ahead of the continued growth and expansion that
Delray Beach is experiencing.
Ron Nobili, 159 Marine Way, Slip #15, Delray Beach, FL 33483 (lives
on a boat in the Marina Historic District), stated on the east side of Marine Way there
are 24 boat slips, 25 parking spaces plus two (2) handicap parking spaces a total of 25
spaces (2) of which are hardly ever used. Mr. Nobili stated on the west side of Marine
Way there are 131/2 on-street parking spaces available; nine (9) of those spaces are in
front of the gated Marina Bay adult community. He stated the staff report for Marina
Bay indicates that the City provided no less than 36 off-street parking spaces within the
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gated community to those units. He stated 3.6 parking spaces have been provided. Mr.
Nobili stated some solutions would be to provide each Marina Bay unit with a single
transferable identifiable display logo defined by shape and color (i.e. red circle) that
would allow each unit to display on a personal vehicle, vendor, or guest vehicle which
would enable them to park on the west side of Marine Way only. Mr. Nobili stated
potential parking spaces at Marina Bay units would increase by 13V2 on-street parking
spaces providing a community of ten(10) units with 491/2 available parking spaces.
Pamela Van Horn Nobili 159 Marine Way, Slip 415 Delray Beach
FL 33483, stated to exclude the boating community from the Marina Historic District is
absurd. She stated many of the boating residents have more than one person living
aboard and more than one vehicle. Ms. Horn stated they have 25 boat slips and 25
parking spaces and they would be running out of parking spaces if only allowed to park
on one side (the east side of Marine Way). She urged the Commission to give the boating
community the ability to park on both sides of Marine Way because she feels the
Commission will be creating more problems than they think they have solved.
Joann Mower, 126 Marine Way, Delray Beach FL 33483 thanked the
Commission for implementing and keeping the "resident only" parking program. Ms.
Mower stated last year she had a fall and was homebound for the year and it was virtually
impossible to get everyone into her home who needed to. For the record, Ms. Mower
stated wherever the count came from about how many parking spaces they have she feels
it is inaccurate. She stated they have two-car garages but they cannot park four (4) cars
in those spaces and the fire lane is not able to accommodate any kind of cars. Ms. Mower
stated the 491/2 parking spaces is unheard of. Ms. Mower read a letter into the record
from Anita and Jay Hyman who have lived at 237 S.E. 7th Avenue for the past 21 years
and support the program to help the single family homeowners of the district.
Kurt Grimsgaard, 159 Marine Way, Slip 41-S, Delray Beach, FL
33483, (lives on a boat in the Marina Historic District with his wife and two
daughters), stated when they rented their slip they were told there was parking on the
other side of the street for additional vehicles. Mr. Grimsgaard stated one of his
daughters is a nurse who gets off work in the middle of the night and his other daughter is
a college student who takes night classes. He stated he does not want to see his daughters
have to park wherever the parking would be available to them and have to walk to the
boat in the middle of the night. Mr. Grimsgaard stated he is willing to pay the fee and
requested that some of the slips on the west side should be made available to boat
owners.
Wayne_Thorn_brough, 128 Marine Way, DeIray Beach, FL 33483,
stated this is a program for the entire Marina Historic District not just for the Marina Bay
apartments. Mr. Thornbrough stated on Marine Way they are talking about 13 spots for
possibly 100 residences and they are not talking about adding one spot per unit at all. He
stated people are talking as if people live on 01 24 boats but in reality one-quarter of the
boats are residences at the moment. Mr. Thornbrough stated they are really talking about
25 spots or six or seven residences which is actually a ratio of 4 to 1 which is what they
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are claiming is the same ratio on the Marine Way units across the street.
Richard Dick Simmons resident of the Marina Slip #5 Delra
Beach, FL 33483, stated regarding the staff report about the parking across the street
which indicated that there are 36 parking spaces which includes the tandem parking for
which staff made a recommendation that there be a waiver so that they could have those
additional parking spaces. Mr. Simmons stated these spaces are officially there. He
stated this solution was drafted prior to any input from the people living in the marina.
Mr. Simmons concurred with comments expressed by Mr. Dortch that this plan was
premature without everyone's input and feels everyone can do a better job and help solve
this.
There being no one from the public who wished to address the
Commission,the public comment was closed.
Randal Krejcarek, Director of Environmental Services, stated with regard
to comments regarding the cost and the number of passes, for clarification, Mr. Krejcarek
stated the people that are the live-aboards in the marina have one sticker and one guest
pass for each slip. He stated the Marina Historic District residents can purchase a sticker
for $120 which includes a guest pass and in both cases is transferable. Mr. Krejcarek
stated in the Marina Historic District they can also purchase one additional sticker.
Therefore, Mr. Krejcarek stated anybody in the Marina Historic District could have two
(2) stickers for two (2) vehicles and one (1) guest pass. He stated there is an issue with
the one slip that has four (4) vehicles and staff is aware of that situation. With regard to
official notice sent by the City, Mr. Krejcarek stated as staff was trying to implement this
staff was working with both the President and Vice-President of the Marina Historic
District and they indicated that they would contact everybody and make notification for
the City. He stated staff provided them with the map to send to everyone and he received
an email from the Vice-President this past week who indicated he notified everyone with
the exception of the vacant houses. Mr. Krejcarek stated there are two seasonal rental
issues; one is Ms. Willis has several properties in the neighborhood but they are in
multiple locations throughout the neighborhood and he is not sure if she has on-site
parking for those; the other one is Mr. Sloan's comments about the property that the ten
(10) spaces that back out onto S.E. 7th Avenue were agreed to; Mr. Krejcarek stated there
is permanent parking on 102 S.E. 7th Avenue; the area adjacent to 102 S.E. 7th Avenue on
S.E. 1St Street where parking is allowed but you have to purchase a permit. Mr.
Krejcarek stated 106, 112, and 114 S.E. 7th Avenue has ten (10) spaces that back out onto
S.E. 7th Avenue and in 1993 the City Commission gave direction to allow that back out
parking to be dedicated to those three addresses and also indicated that there would be
three spaces provided off the alley for those addresses.
In her opinion, Vice Mayor Petrolia stated it is not so much of where
someone can park and how many parking passes that each place gets as much as it is that
the people that are parking within the neighborhood are the ones that are living in the
neighborhood. She stated with some tweaking this is going to work.
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Deputy Vice Mayor Jar ura stated going forward procedurally if there is
an item that needs City Commission action she does not want action taken on it prior to
the City Commission taking action on it. Deputy Vice Mayor Jarjura asked why this fee
was not communicated to the residents prior to the March 25, 2014 letter. Mr. Krejcarek
stated staff had a meeting in January set up by the President and Vice President of the
Historic District and there was discussion of a charge although the fee was not
determined at that point. Mr. Krejcarek stated about a month ago staff had a meeting
with the President and the Vice President of the Historic District and at that point they
were going to communicate for the City to help move it along faster. Deputy Vice Mayor
Jarjura asked what the $120 covers. Mr. Krejcarek stated it covers the implementation of
the program. She asked how much the marina permit is. Mr. Krejcarek stated the City
does not charge for that permit. Deputy Vice Mayor Jarjura stated this applies to the
entire Marina Historic District but there seems to be discord and unhappiness with cars
being left for long periods on the west side and for the residents being impacted by the
live-aboards and this is also 46me discord from the live-aboards.
Mr. Krejcarek stated just before Deck 84 opened and right after there was
a major issue with employees from Deck 84 parking along Marine Way in the 100 block
both on the east and west side. He stated many of the boat owners were putting out cones
so that they could have a spot for when they came home. Mr. Krejcarek stated staff had a
meeting with the Marina Bay residents, the marina residents, and with the Deck 84
owner. At that point, the owner of Deck 84 corrected the issue and it did improve. Mr.
Krejcarek stated at that point the City agreed to create stickers and a permit for the
marina residents because they were asking for some type of dedicated parking for them
(east side). He stated the City created permits for marina residents on the east side and it
gave each resident one (1) permit only; the overflow could go on the other side of the
street (west side). Mr. Krejcarek stated then along came Atlantic Crossing, the boat
owners parking on the west side and the City started receiving complaints about that and
about the overflow parking that came down Palm Square. Mr. Krejcarek stated it was
clear to staff from the Marina Historic District residents that they wanted the marina
people to be on the east side and the historic district residents to be on the west side (the
100 block of Marine Way).
Mr. Frankel stated he concurs with comments expressed by Commissioner
Jarjura regarding the resident who received a ticket. Mr. Frankel made reference to the
Miami Beach plan where you just need to bring in proof of residency and you can
purchase a pass. In addition, he stated Miami Beach has six (6) month dates so it may be
$120 if it was passed today but six (6)months from today you could get for half the cost.
Mr. Frankel supports a plan but feels some improvements need to be made before it is
passed.
For clarification, Mayor Glickstein stated this Commission unanimously
supported a parking program approximately eight (8) months ago and there has been
growing frustration that the City was not moving on that so the initiation of this date now
was in response to action taken by this Commission a long time ago which was a public
meeting at that point. Mayor Glickstein concurs with Commissioner Petrolia that during
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the pilot period that fee should be waived. He stated he believes there is a distinction
between paying to park in your neighborhood and paying to park on private property.
Mayor Glickstein stated in the Marina District it is a program for paying to park on public
right-of-way and the City is going to have costs in implementing a program that the
residents of that area have requested. Mayor Glickstein stated he feels there should be no
enforcement until there is more information disseminated and he would like to see the
program remain and be improved. Mayor Glickstein suggested that this be scheduled for
90 days out and get feedback from everyone at either a Workshop meeting or a meeting
similar to what was conducted before at Northern Trust.
Brief discussion between Deputy Vice Mayor Jarjura, Mr. Krejcarek, and
Vice Mayor Petrolia followed.
For the record, the Interim City Attorney stated as long as there is not
going to be a fee associated with it at this time then the City Commission does not need
to move forward with voting on Resolution No. 14-14.
It was the consensus of the Commission to bring this back at the July
Workshop meeting and direct staff to schedule notice by the City to facilitate some kind
of information gathering. Mr. Krejcarek stated staff will take the lead on this.
At this point, the time being 7:50 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 04-14: Consider a privately-initiated Rezoning from
RO (Residential Office) District to RM (Medium Density Residential) District for a
parcel of land located on the south side of S.W. 1st Street, between S.W. 1st Avenue and
S.W. 2nd Avenue within the Coda Development. (Quasi-Judicial Hearing)
The caption of Ordinance No. 04-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED RO (RESIDENTIAL OFFICE) DISTRICT TO
RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT;
SAID LAND BEING A PARCEL LOCATED ON THE
SOUTH SIDE OF SW 1ST STREET, BETWEEN SW 1ST
AVENUE AND SW 2ND AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN;AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA,
JANUARY 2012" PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
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(The official copy of Ordinance No. 04-14 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 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 when he first heard this item he spoke to the
developer. Deputy Vice Mayor Jarjura stated this item came before the Planning and
Zoning Board at one of their meetings. Vice Mayor Petrolia stated she had no ex parte
communications for this item. Mayor Glickstein stated he had no ex parte
communications for this item.
Mark McDonnell, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file 42014-005.
Mr. McDonnell stated this is a privately-initiated rezoning for a 0.62 acre
parcel located within the development known as Coda. He stated the change would go
from RO (Residential Office) to RM (Medium Density Residential) District. The
remaining 1.83 acre parcel contains 36 townhomes and is zoned RM. Mr. McDonnell
stated prior to September 2004, the entire CODA development was zoned RM and it was
designated MD (Medium Density Residential) District on the Future Land Use Map. The
applicant had requested TRN (Transitional) land use and rezoning to RO (Residential
Office) to construct a mixed use development. Mr. McDonnell stated they are now
asking for the zoning to refer back to MD (Medium Density Residential) in or to continue
this development as an exclusively residential development.
Tim Hernandez, New Urban Communities, 398 N.E. 6th Avenue,
Delray Beach, FL 33483 (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. 04-14, to step forward at this time. There being
no one from the public who wished to address the Commission, the public hearing was
closed.
At its meeting of January 27, 2014, the Planning and Zoning Board
recommended approval. Staff recommends approval.
There was no cross-examination or rebuttal.
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i
i
Deputy Vice Mayor Jarjura moved to adopt Ordinance No. 04-14 on
Second and FINAL Reading, seconded by Vice Mayor Petrolia. Upon roll call the
Commission voted as follows: Mr. Frankel Yes; Deputy Vice Mayor Jarjura — Yes;
Mayor Glickstein — Yes; Vice Mayor Petrolia— Yes. Said motion passed with a 4 to 0
vote.
10.B. ORDINANCE NO. 06-14: Consider a privately-initiated amendment to
the Land Development Regulations (LDR) by amending Article 4.7, "Family/Workforce
Housing", Section 4.7.1 "Definitions"; Subsection (p), "Southwest Neighborhood
Overlay District", to expand the area as shown on the map by repealing the existing map
and replacing it with a new one; and by amending Section 4.5.9, "The Southwest
Neighborhood Overlay District", to correct a scrivener's error. (Quasi-Judicial Hearing)
The caption of Ordinance No. 06-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING ARTICLE 4.7 "FAMILY/WORKFORCE
HOUSING", SECTION 4.7.1 "DEFINITIONS",
SUBSECTION (P) "SOUTHWEST NEIGHBORHOOD
OVERLAY DISTRICT" TO EXPAND THE AREA AS
SHOWN ON THE MAP BY REPEALING THE
EXISTING MAP AND REPLACING IT WITH A NEW
ONE; AND BY AMENDING SECTION 4.5.9 "THE
SOUTHWEST NEIGHBORHOOD OVERLAY
DISTRICT" TO CORRECT A SCRIVENER'S ERROR,
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 06-14 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. Vice Mayor Petrolia stated she had no ex parte communications for
this item. Mr. Frankel stated he had no ex parte communications for this item. Deputy
Vice Mayor Jarjura stated she heard and voted on this item at the January 27, 2014
Planning and Zoning Board meeting. Mayor Glickstein stated he had no ex parte
communications for this item.
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Mark McDonnell, AICP, Director of Planning and Zoning, stated that the
northern area is the same area that the Commission looked at for the rezoning from RO
(Residential Office) to RM (Medium Density Residential). Mr. McDonnell stated this
will allow the allowable increase in residential density up to a maximum of 24 consistent
with the southern part of the Coda development. He stated the other part of the text
amendment is a scrivener's error where it states N.W. 1st Avenue but it should be
referenced S.W. 1St Avenue.
At its meeting of January 27, 2014, the Planning and Zoning Board
recommended approval. Staff recommends approval.
Tim Hernandez New Urban Communities 398 N.E. 6th Avenue
_Delray Beach, FL 33483 (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. 06-14, to step forward at this time. There being
no one from the public who wished to address the Commission, the public hearing was
closed.
Vice Mayor Petrolia moved to adopt Ordinance No. 06-14 on Second and
FINAL Reading, seconded by Deputy Vice Mayor Jarjura. Upon roll call the
Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein —
Yes; Vice Mayor Petrolia — Yes; Mr. Frankel — Yes. Said motion passed with a 4 to 0
vote.
At this point, the time being 8:00 p.m., the Commission moved back to
Item 9.13.11. (formerly Item 8.T.).
9.11.13. AMENDMENT NO. 1 TO AGREEMENT/GABRIEL, ROEDER,
SMITH AND COMPANY (GRS): Approve Amendment No. 1 to the Agreement
between the City and Gabriel, Roeder, Smith, & Company (GRS) for actuarial consulting
services regarding the Police and Fire Pension Plan.
The Interim City Attorney stated this is Amendment No. 1 to the
agreement of June 13, 2013 to Gabriel, Roeder, Smith, and Company (GRS) for actuarial
consulting services for the Police and Fire Pension Plan. The Interim City Attorney
stated staff requests to amend the agreement in order to allow the City to pursue having
them perform additional actuarial studies as part of the possibility of considering a
transfer of the Fire-Rescue Department to Palm Beach County. The Interim City
Attorney stated the projected amounts are $29,000-$45,000.
Vice Mayor Petrolia stated the Police and Fire have actuaries in place
{Foster and Foster) and asked why the City is requesting information from this particular
group. Vice Mayor Petrolia stated this information should be at the fingertips of Foster
and Foster to do this for the City rather than incur an additional $50,000 potential
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expense. In addition, Vice Mayor Petrolia stated she has reservations about moving
forward on expending more money on this issue without at least getting a presentation in
front of the Commission to determine whether or not this is the route the Commission
wishes to take (i.e. to take the Fire-Rescue Department and separate it off and have it go
to Palm Beach County). Vice Mayor Petrolia stated the Commission should have a
consensus that this is the route they want to take and maybe that will be after they hear a
presentation.
Mayor Glickstein stated in terms of the additional cost it really should be
viewed as two pieces. The first part of this piece that got the City to the $25,000 was the
complete Pension and Fire stress testing for purposes of pension negotiations. This
additional piece is the piece in excess of$25,000 which is specific to the fire analysis.
The Interim City Attorney stated these numbers are different than what
Foster and Foster has and in order for them to provide the City with an actuarial study
that would reflect these kinds of results they would have to get permission from the
Police and Fire Pension Board and their next meeting is scheduled for May. The Interim
City Attorney stated this is additional work and is not part of their actuarial study that
they normally do as part of their representation of the Police and Fire Pension Board.
Mayor Glickstein concurs with Commissioner Petrolia's comment that if it
is just around the corner waiting to see if there is a way to do this for less but to her larger
question about whether the City should be incurring any additional cost before the City
has reached a threshold perspective is this something that warrants further analysis.
Brief discussion between the City Manager and the City Commission
followed.
Deputy Vice Mayor Jarjura moved to approve Item 9.B.B. (formerly
Item 8.T.), seconded by Mayor Glickstein. Upon roll call the Commission voted as
follows: Mayor Glickstein—Yes; Vice Mayor Petrolia—No; Mr. Frankel ---- Yes; Deputy
Vice Mayor Jarjura—Yes. Said motion passed with a 4 to 0 vote.
9.C.C. RESOLUTION NO. 13-14: Approve Resolution No_ 1314; requesting
F ederal funding in the form of a Transportation Investments Generating Economic
Recovery (TIGER) Grant for the improvements to quiet zones at the municipal railroad
crossings located within the FEC Railroad Corridor to provide a safe area where
train horns are not routinely sounded.
The caption of Resolution No. 13-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REQUESTING
FEDERAL FUNDING IN THE FORM OF A
TRANSPORTATION INVESTMENTS GENERATING
ECONOMIC RECOVERY (TIGER) GRANT FOR THE
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IMPROVEMENTS TO QUIET ZONES AT THE
MUNICIPAL RAILROAD CROSSINGS LOCATED
WITHIN THE FEC RAIL CORRIDOR TO PROVIDE A
SAFE AREA WHERE TRAIN HORNS ARE NOT
ROUTINELY SOUNDED; PROVIDING FOR AN
EFFECTIVE DATE.
(The official copy of Resolution. No. 13-14 is on file in the City
Clerk's office.)
Deputy Vice Mayor Jarjura stated she represents clients in Broward
County that are impacted by All Aboard there; they are not adverse to All Aboard Florida
(AAF)they are just helping to mitigate some of these impacts. With regard to the agenda
backup and from a procedural standpoint, Deputy Vice Mayor Jarjura stated in the future
when there is budgetary impacts, she would like the analysis included in the agenda
backup so she can see how that was broken down. Deputy Vice Mayor Jar ura asked
how much of the $17.9 million is allocated to Delray Beach and how does the $3-$3.5
include future maintenance of the crossings or just the initial construction.
Randal Krejcarek, Director of Environmental Services, stated the total
amount of the grant money is for all quiet zones throughout Palm Beach County and
Delray Beach will receive whatever the cost is to get quiet zones at all the crossings.
Deputy Vice Mayor Jarjura asked if there are currently any plans for a new sidewalk and
multi-use paths around the crossings and if these plans have been submitted to the MPO.
Deputy Vice Mayor Jarjura asked Mr. Krejcarek to confirm to her after this meeting via
email if the City has given the MPO the information.
Vice Mayor Petrolia moved to approve Item 9.C.C., Resolution No. 13-
14 (formerly Item 8.L.), seconded by Deputy Vice Mayor Jarjura. Upon roll call the
Commission voted as follows: Vice Mayor Petrolia -- Yes; Mr. Frankel — Yes; Deputy
Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 0
vote.
9.D.D. GRANT SUBMITTAL/TRA,NSPORTATION TO THE PALM
BEACII METROPOLITAN PLANNING ORGANIZATION M Provide
authorization to submit a grant to the Palm Beach Metropolitan Planning Organization
(MPO) Transportation Enhancement Program for a maximum award value of
$750,000.00 to be available in FY 2017-2018 for improvements along N.E. 2nd Avenue
and Seacrest Boulevard.
Deputy Vice Mayor Ja&ra reiterated that whenever there are budgetary
impacts she would like to know whether or not the total cost is built into the backup as
well as if there is any future maintenance required for that. Deputy Vice Mayor Jarjura
asked how staff determines which roads should get the improvements in going for these
grants. Mr. Krejcarek stated this project was initiated was from the Del-Ida
Homeowners' Association who came to the City Commission and the City Commission
directed staff to find a way to accommodate what they are asking to do with regard to
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04/01/14
capital improvements in the Del-Ida neighborhood. He stated this will go under
construction next year. Mr. Krejcarek stated staff applied for the grant through the MPO
and there were certain criteria that you have to meet in order to apply for the grant. Mr.
Krejcarek stated this corridor meets all the criteria staff felt it made sense to finish the
corridor especially because of the school. Deputy Vice Mayor Jarjura stated at the
Planning and Zoning Board meeting they had their Capital Improvement meeting and
some of the residents that spoke for their neighborhoods have been coming for 10-11
years and asked if the City offers this opportunity to reserve these enhancement program
grants to them as well or does it have to be directed by the City Commission. Mr.
Krejcarek stated there is a strict criteria for the application; because Seacrest Boulevard is
a collective road that met some of that criteria whereas some of the other neighborhoods
who have been requesting sidewalks within local streets within a neighborhood that does
not meet the criteria for this particular grant. Deputy Vice Mayor Ja&ra asked if the
City assists the other areas that do not meet the criteria for this grant that need the same
exact infrastructure improvements in applying for improvement grants since the Capital
Improvement funds are limited. Deputy Vice Mayor Jarjura asked if the award value of
$750,000 covers the entire cost. Mr. Krejcarek stated the $750,000 does not cover the
entire cost; it covers the cost of the eligible improvements which are the bike lanes,
missing sidewalks, and some enhanced crosswalks. Mr. Krejcarek stated staff estimates
the total cost to be $10 million because the road is going to have to be reconstructed and
reconstruction of an existing road is not covered in this grant. Deputy Vice Mayor
Jarjura asked where the remaining money will be coming from. Mr. Krejcarek stated that
will be budgeted in the General Construction Fund of the Capital Improvement Plan
(CIP) in fiscal year 2017-2018. Deputy Vice Mayor Jarjura asked if the City has to
expend the grant money by a certain time period otherwise the City loses it. Mr.
Krejcarek stated the City gets awarded the money three (3) years before staff actually
sees an agreement from FDOT and the City cannot start construction until the City
receives the agreement. He stated staff will probably start working with FDOT next year
or the year after to start the design.
Deputy Vice Mayor Jarjura moved to approve and authorize the submittal
of the Enhancement Program Grant for the purpose of funding beautification
improvements along N.E. 2`1 Avenue and Seacrest Boulevard from N.E. 13a' Street to
Gulf Stream Boulevard, seconded by Mayor Glickstein. Upon roll call the Commission
voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor
Glickstein—Yes; Vice Mayor Petrolia—Yes. Said motion passed with a 4 to 0 vote.
9.A. FINAL SUBDIVISION PLAT APPROVAL AND WAIVER
RE UESTI1001 HIBISCUS LANE: Consider approval of final plat and 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)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Deputy Vice Mayor Jarjura stated she reviewed the application at the
November 18, 2013 Planning and Zoning Board meeting. In addition, Deputy Vice
Mayor Jadura stated while campaign supporters and contributors do not pose a conflict
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she wanted to disclose this in the interest of transparency that the applicant was a
supporter of her campaign. Deputy Vice Mayor Jarjura stated she received email
communications from Peter Goodridge and Philip Colnon who also spoke at the Planning
and Zoning Board meeting. Vice Mayor Petrolia stated she spoke to Philip Colnon and
Chuck Halberg and received several emails. Mayor Glickstein stated he has not spoken
with anybody; however, he has received several emails which are all on the City server.
Mr. Frankel stated on a prior agenda he previously disclosed some prior communications
and the email correspondence he received are on the City server.
Mayor Glickstein stated the City has received party status requests from
Hibiscus Lane Estates, LLC submitted January 20, 2014; also a request from Signature
Builders, LLC submitted on the same date. Pursuant to the City's Quasi-Judicial rules,
Mayor Glickstein stated in order to obtain status as a party the owner of property located
within 500 feet of the subject property must make a written request meeting minimum
requirements which is received by the Planning and Zoning Department three (3) or more
business days prior to the hearing. Additionally, Mayor Glickstein stated decisions as to
party status shall be made by the Commission at the hearing both requests he is advised
are timely and both properties are confirmed to be within 500 feet.
Deputy Vice Mayor Jarjura moved to approve to allow party status for
Hibiscus Lane Estates and/or Signature Builders, LLC seconded by Vice Mayor Petrolia.
Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes;
Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Frankel — Yes. Said motion
passed with a 4 to 0 vote.
Randal Krejcarek, Director of Environmental Services, entered file #2013-
242 into the record.
Mr. Krejcarek stated this item is approval of a subdivision plat and a
waiver for a residential development that contains three (3) single family residence slots
at 1001 Hibiscus Lane which is bounded on the south by N.W. 9th Street and on the north
by Hibiscus Lane. Mr. Krejcarek stated staff supports the waivers. He stated another
option would be a cul-de-sac that would come off N.W. 9th Street and divide this parcel
into four(4) lots not three (3) lots and lots size of the four (4) lots would be much smaller
than the three (3) lots that are being proposed.
Gary Eliopoulos, GE Architecture, 205 George Bush Boulevard,
Delray Beach, FL 33444 (Architects for the project), briefly reviewed the history with
regard to the site and stated this is a 1.68 acre subdivision. Mr. Eliopoulos stated the
property is unique in the sense that there is a median going right down the road and as
staff stated on the east side was a public road and on the west was a private road. He
stated that the house has access to this site along Hibiscus Lane and N.W. 6th Avenue
since 1962. Mr. Eliopoulos briefly explained their original proposal and the Fire-Rescue
staff had concerns because they had one additional house. Mr. Eliopoulos stated that
both houses would be designed with fire sprinkler systems and the Fire—Rescue
Department was satisfied with that; however, the abutting stakeholders still had a
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concern. Mr. Eliopoulos briefly reviewed the alternative design and discussed the cul-de-
sac. Mr. Eliopoulos stated they gave them another option which is the plat that is before
the City Commission tonight. He stated their request is to approve the plat and waiver to
reduce the required lot frontage for Lot 1 from 100 feet to 25 feet, based upon positive
findings with respect to LDR Section 2.4.7(B)(5) and 4.3.1(D).
Scott A. Weires, Attorney with the Law Firm of Murdoch, Weires &
Neuman, 14 S.E. 4th Street,Boca Raton, FL 33432, representative for Hibiscus Lake
Estates, LLC and Signature Builders Group, LLC,requested to combine his time and
also allow five minutes for any questions.
It was the consensus of the Commission to allow Mr. Weires extra time to
speak. Mayor Glickstein stated the City has rules for rebuttal and cross-examination so
this will remain as is for both parties.
Mr. Weires stated everything that was discussed thus far is about avoiding
the requirements of the LDR. He stated although there was discussion about access;
however, he briefly discussed frontage. Mr. Weires stated the applicant is asking the
Commission to create a non-conformity by first replatting this parcel into three (3)
different lots. He stated the Commission should not create a non-conformity to the LDR
unless it is necessary and appropriate to do so. In addition, Mr. Weires stated after the
non-conformity the applicant would like the Commission to grant a waiver to the non-
conformity and there are another set of standards that the Commission needs to follow in
order to do that. He stated there are a series of four (4) factors that the Commission
needs to look at and the one he will focus on later is the creation of a special privilege to
one landowner as opposed to others. Mr. Weires stated they believe it is not appropriate
for the Commission to grant either. Mr. Weires stated the applicant wants the City to
take that piece of land and now make three (3) lots out of it and create a subdivision. He
stated the creation of that subdivision is creating a non-conformity to the LDR because
the LDR has the frontage requirement that every lot must have at least 100 feet of
frontage on a road. Mr. Weires stated the applicant is requesting a reduction of the
frontage requirement from 100 feet to 25 feet for that lot. Mr. Weires read into the record
from LDR Section 4.3.1 and LDR Section 4.3.1(D). In addition, Mr. Weires made
reference to LDR Section 2.4.7(B)(5) -- Required Findings for the Granting of Waivers.
He made reference to page 4 of the staff report "Other requests to create similar
nonconformities under unique circumstances have been previously approved." "All of
these cases had unique conditions which warranted approval of the waiver(s)." Mr.
Weires stated there has not been enough information presented by the applicant to justify
the non-conformity or the issuance of a waiver.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the final subdivision plat and waiver request, to step forward at
this time.
Lanie Lewis, 1098 Hibiscus Lane, Delray Beach, FL 33444, stated
everyone on Hibiscus Lane supports this except for Mr. Colnon. She stated they were
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going to put four (4) houses and they asked them to not put four (4) because the
neighbors did not want their backyards facing Hibiscus Lane. Ms. Lewis stated the
neighbors requested them to not put the cul-de-sac in and they went from four (4) houses
to three (3) houses. Ms. Lewis stated the driveway was going into the existing house to
begin with and the house was not fronted on 9th Street but has always been on Hibiscus
Lane. Ms. Lewis stated everyone on Hibiscus lane feels it is necessary and appropriate.
Dawn Wilde, 1010 Hibiscus Lane, Delray Beach, FL 33444, reiterated
that all the neighbors on the street support the development and stated the neighbors do
not want a house backing onto Hibiscus Lane. Ms. Wilde stated it fits the street being
one-story and she urged the Commission to approve it.
There being no one else from the public would like to speak on Item 9.A.,
the public comment was closed.
There was no cross-examination.
The following individuals gave brief rebuttals:
Mr. Krejcarek briefly reviewed the proposed square footages of each lot;
the lot with the access off Hibiscus is going to be 34,858 square feet and the other two (2)
lots are 17,574 square feet.
Mr. Eliopoulos stated this is unique in the sense that the existing lot that is
being discussed has a 25 foot frontage and it has always been like this. He stated what is
more compatible than having one and two-story houses that do not have cul-de-sacs
because cut-de-sacs are the last resort and it is not fitting for the neighborhood. Mr.
Eliopoulos stated this project fits and they have waited seven (7) years to build this. He
urged the Commission to consider the waiver request and this plat.
Mr. Weires stated Mr. Eliopoulos stated that 25 feet makes the property
unique and how this has always been the frontage for that lot; however, Mr. Weires stated
that is not accurate and that lot has had more than 100 feet of frontage. Mr. Weires stated
he agrees that it has had access through the 25 foot corridor in the top piece but has met
the frontage requirement. Mr. Weires stated the 25 foot access through the top of the
parcel is not what makes it unique. He stated essentially there is no purpose that is
necessary or appropriate and there is a profit maximization interest (a private interest)
and it does not help the public.
Philip Colnon briefly spoke about the lot.
For clarification, Deputy Vice Mayor Jarjura inquired about the existing
frontage with the one lot. Mr. McDonnell stated it has frontage on 9th Street and Hibiscus
Lane (25 feet). Mr. McDonnell stated it is the same exact and the only thing that could
be argued is a new lot is being created with that same access. Deputy Vice Mayor Jarjura
stated the appellant brought up that his application was denied for the exact same request
and asked for some background on this.
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Mr. Krejcarek stated the difference between what was shown and what is
currently proposed is they created the cul-de-sac in order to grant access to the other two
lots and what staff was trying to prevent is to have one lot have the back of the house face
the cul-de-sac; staff wanted all the entrances off of the cul-de-sac.
I
Vice Mayor Petrolia stated the cul-de-sac that Mr. Colnon displayed is not
accessible to that lot; that lot is accessible through that 25 foot entrance. Mr. Krejcarek
stated the current driveway of the existing house that is on there has its driveway off
Hibiscus Lane but when they redevelop that and build a new house on that lot it will be
reoriented so the access is off the cul-de-sac. Deputy Vice Mayor Ja&ra stated when
new construction occurs it is just because that was an existing house that you take away
the access on Hibiscus Lane and there will be only access to the cul-de-sac.
Vice Mayor Petrolia stated if you are forcing someone to have the access
through the cul-de-sac on the photo display by Mr. Colnon because the 25 foot access
does not meet the requirement. Vice Mayor Petrolia asked how this is being done
differently for this lot when right now they have footage on 9th Street that accesses that
entire property. Mr. Krejcarek concurs with Vice Mayor Petrolia if she is talking about
keeping it one (1) lot but they are proposing that it be divided into three (3) lots. In
addition, Mr. Krejcarek stated they are also proposing not to add any more impervious
surface and keep the lots as large as possible. Mr. Krejcarek stated all the properties that
abut the cul-de-sac should take their access off the cul-de-sac versus turning their house
around and having the back of the house face the cul-de-sac.
Mr. Frankel stated he understands staff recommends approval and noted
the renderings are beautiful and fit with the neighborhood; however, Mr. Frankel stated
Mr. Weires brought up a strong argument about the uniqueness and commented about
LDR Section 4.3.L(D).
Mr. Eliopoulos stated he feels that this is an existing condition and the
previous Commission voted to reduce frontage. Mr. Eliopoulos stated there was no
uniqueness that came up about that but it was to create a buildable lot; it met all the
criteria except the frontage.
Mr. Krecjcarek stated the uniqueness about this property is the fact that it
has been taking access off Hibiscus Lane and they are not changing that; it is also double
frontage and has the ability to take access off of both sides if split into more than one lot.
Vice Mayor Petrolia asked if the Commission could find this to be
appropriate and necessary in doing three (3) houses versus four (4) houses for that
particular neighborhood. Mr. Krejcarek stated there were comments from the neighbors
that they prefer the three (3) lots; secondly, Mr. Krejcarek stated just north of this site on
Grove Way there was a development that came in that actually did meet all the
requirements (lots sizes were smaller and there were no waivers) and there was concern
about those being too small. Mr. Krejcarek stated if the Commission is talking about
requiring a cul-de-sac and going to the four (4) lots they are going back to something that
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this Commission expressed concern about a few months ago.
Mayor Glickstein concurred that putting a cul-de-sac on that property
would be anathema to what Lake Ida looks like today. He stated the small divisions in
the beach area are also an anathema to the areas in which they are in. Mayor Glickstein
stated the cul-de-sac represent a sea of asphalt in an area that does not have that at all. He
stated the previous plat is really the opposite of what is in front of the Commission now
where the builder is not maximizing the developable lots and is doing it in a way that he
believes is complimentary to not just Lake Ida in general but specific to Hibiscus Lane
which is a unique street in Lake Ida. Mayor Glickstein stated the criteria of uniqueness is
met and does not feel it is granting any special privilege and he would like to see more
builders come in doing less than more. Therefore, Mayor Glickstein stated he supports
the plat.
Deputy Vice Mayor Jarjura concurs with Mayor Glickstein's comments
we should be encouraging in the city that instead of a developer maxing out the density
actually exceeds the standards of the LDR with respect to its square footage of the lot
size, lot width, and lot depth. Deputy Vice Mayor Jarjura stated the lot frontage is the
only deviation and that is on one (1) lot and is actually maintaining an existing condition
that occurred since 1962. She agrees that the cul-de-sac is not in keeping with the
neighborhood and feels the City needs to encourage developers to reach out to the
community and get buy-in whether they are required to or not. For these reasons, Deputy
Vice Mayor Jarjura stated she supports the waiver and the plat amendment.
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).
Deputy Vice Mayor Jarjura moved to adopt the Board Order as presented,
seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows:
Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Frankel — Yes; Deputy Vice
Mayor Jarjura—Yes. Said motion passed with a 4 to 0 vote.
9.B. RESCIND THE BID AWARD: MICRO ENTERPRISE
TECHNICAL ASSISTANCE CONSULTING: Consider approval to rescind the bid
award to International Enterprise Development, Inc. (I.E.D.) which was approved on
December 10, 2013 for Micro Enterprise Technical Assistance Consulting (RFQ 411-
2013NS) based on the findings of the Bid Protest Committee. This is in compliance with
Ordinance No. 29-13, Section 36.04(D), "Protest Committee" and Section 36.07(A)(1),
"Termination".
Mayor Glickstein stated the City Commission is allowing public comment
on this item.
Robert A. Barcinski, Assistant City Manager, stated staff recommends
rescission of this bid awarded December 10, 2013 by the City Commission to
International Enterprise Development, Inc. (TED) for Micro Enterprise Technical
Assistance Consulting response to an RFQ. Mr. Barcinski stated three days after this bid
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award (which was never executed nor any action taken) the City received a protest on
December 13, 2013 from Lia Gaines representing Business Loan Fund who listed ten
(10) items as a basis of her protest. Mr. Barcinski stated the Bid Protest Committee
consisted of himself, Randal Krejcarek, and Mark McDonnell. In February, Mr.
Barcinski stated they held a public meeting with everyone present including the Interim
City Attorney. Mr. Barcinski stated this was advertised as required. Staff reviewed all
the written material that was available to them from the original RFP. Both parties were
given the opportunity to speak at that meeting and present their case. In addition, staff
was able to ask questions of them, the staff, and the attorney. Mr. Barcinski stated after
careful review of all the material the Committee found that Items 41 and #2 which dealt
with an expired insurance policy, #6 which related to an addendum, and 410 which
related to following the Florida Statute process had merit and thus the reason this item is
before the City Commission. Mr. Barcinski stated the City Manager received a letter
from Dr. Lynn Allison, President of IED, questioning the findings of this Bid Protest
Committee.
Lia Gaines, Executive Director of the Business Lo_an Fund of the Pahn
Beaches, stated they filed a protest to the award for Micro Enterprise Technical
Assistance Consulting services to IED. Ms. Gaines stated their core services are lending,
business development, technical assistance, and training for small businesses and micro
enterprises. Ms. Gaines stated they were established in 1996 and in 2003 they expanded
their service area and they were the first and only intermediary lender serving this region
through the United States Small Business Administration. She stated they administer and
borrow monies and re-loan those monies to the community and they are the first
community development financial institution which is a designation from the U.S.
Department of Treasury. Ms. Gaines stated that designation duly qualifies and certifies
their organization to service special populations of small businesses and micro
enterprises. She stated they are also the first registered member for the United States
Department of Agriculture Rural Development Program. To date, Ms. Gaines stated they
have done over $11.4 million in direct loans to small businesses, micro enterprises, and
community development projects supporting over 450 businesses throughout the service
regions. Ms. Gaines stated specifically in the City of Delray Beach they have done close
to $500,000 in micro enterprise loans serving over 21 businesses and provided a
$500,000 gap finance loan to Atlantic Grove Project and have assisted the two non-profit
partners who are non-profit development partners with the developer in the Atlantic
Grove Project. Ms. Gaines stated they support the initial rescinding of the bid award to
IED; they disagree with the second part of the bid award which is to reject all responses.
Ms. Gaines urged the City Commission to award the grant to them because they feel that
they have complied with all the technical and substantive aspects of the proposal.
Dr. Josh Smith 3616 Avenue De Gien Delray Beach FL 33445 stated
IED should not be awarded for not doing what was right by being given a second chance
to bid for the contract. Dr. Smith stated the company CEO should be awarded for doing
what the city asked in what was right by being awarded the contract without starting the
process all over. He stated IED violated the legal requirements of the RFQ (Request for
Qualification) and should have been disqualified instead of being awarded the contract.
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Dr. Smith stated for IED to insist that it be given another chance to bid for the contract
would be the wrong thing to do. Dr. Smith stated the right thing to do would be to award
the contract to CEO which did everything the city asked and did it right.
Peter Humanik 704 N.E. 5"' Street Delray Beach FL 33483 stated if
someone does something wrong get rid of them and the people that did it right then the
#2 gets it. He stated this way the City will not have to go through when people do not do
things the right way. Mr. Humanik urged the Commission to take a stand.
Dr. Lynn Allison, 6260 North Ocean Boulevard, Ocean Ridge, FL
33435 (Vice Mayor of Ocean Ridge and President of IED), stated for the last nine (9)
years they have been contracted by the City of Pompano Beach and they renew their
contract every year. Dr. Allison stated they started with the Micro Enterprise Program
there and they now do a job placement center, a business incubator, and built a building
called the Business Resource Center which they administer. Dr. Allison stated they have
hundreds and thousands of clients that could testify to the good work that they do. She
stated they train, provide small loans, collect, do technical assistance, and monitor. Dr.
Allison stated they were registered in Florida in 1997 and they were a sole source
company with the expertise in Micro Enterprise for having done this in many other
countries that she lived and worked in. Dr. Allison stated she worked with Governor
Chiles in 1997 and they continue to have a proven track record. Dr. Allison stated their
insurance was automatically retroactively approved so the policy was not cancelled by
this carrier for any reason and stated it was not a requirement. Dr. Allison stated they did
not receive the addendum item but as advised checked every day on DemandStar. Dr.
Allison stated five (5) of the selection committee judged that they were the superior
applicant and were awarded the bid.
Greg Daniel Business Loan Fund 8216 Heritage Club Drive West
Palm Beach, FL 33412, stated LED's proposal was shoddy. Mr. Daniel stated they do
not feel there is a need to put this back out to bid and in their original proposal they have
already done some of the things that would go back out.
There being no one else from the public who wished to address the
Commission, the public comment was closed.
Vice Mayor Petrolia stated the information that was submitted with the bid
protest; there were quite a few things. She stated the sealed response was $55,400 for
IED's proposal and the bid was asked to return a bid of$50,000. Vice Mayor Petrolia
stated she supports the efforts on the part of the City to rescind the bid award to IED but
she would like to discuss more about continuation of not dismissing the second part of
this and giving this bid to the Business Loan Fund because they did everything correct,
they were in the bid parameters, and that they will have exposed themselves for any
future bid coming forward and she feels this is not putting them on a fair playing field.
For the record, Commissioner Jarjura stated for clarification regarding a
comment that this contract was never awarded, this item was voted to be awarded by the
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City Commission at the December 10, 2013 City Commission meeting and thus the
reason it is on the agenda. The Interim City Attorney stated the bid was awarded to IED
but there has not been a formal contract. Deputy Vice Mayor Jarjura stated she concurs
with Business Loan Fund of the Palm Beaches that there were significant deviations from
the requirements of the RFQ. Deputy Vice Mayor Jarjura stated IED should have been
declared non-conforming and non-responsive to the bid package. Deputy Vice Mayor
Jarjura stated there was two respondents; Business Loan Fund of the Palm Beaches and
IED. She stated in the case where you would deem one non-responsive she feels it
should go to the next responsive bidder which would have been Business Loan Fund of
the Palm Beaches. Deputy Vice Mayor Jarjura stated it gives the opportunity of the non-
responsive bidder the opportunity to cure the defects that it had in its responsive bid and
she does not believe this is good government practices or good procurement practices.
Deputy Vice Mayor Jarjura stated Mr. Daniel stated that Business Loan Fund has already
met some of the requirements.
Greg Daniel stated they had proposed to administer the loan fund with
their own money o the City would not be putting a single dollar at risk which is what the
Y tY p g g
additional services are in the new RFQ. Deputy Vice Mayor Jarjura asked why the City
has to start over on the entire contract.
Brief discussion by the City Manager and Commissioner Jarjura followed.
The Interim City Attorney suggested that the items be kept separate and
that the City Commission vote on each item.
Mayor Glickstein stated it is unacceptable that the City is still dealing with
simplistic errors and not following procedures. Mayor Glickstein stated he would like to
know from the City Manager by the next City Commission meeting what is going to be
different in the procurement office. Mayor Glickstein stated every month there is a
procurement problem that has bogged this Commission down for months; some of the
significant and the common thread running through many of those starts with how these
RFP's are initiated, the follow-through afterwards and how they are reviewed. Mayor
Glickstein stated IED should have been disqualified immediately.
Deputy Vice Mayor Ja&ra moved to approve to rescind the bid award to
International Enterprise Development, Inc. (IED) for Micro Enterprise Technical
Assistance Consulting, seconded by Vice Mayor Petrolia. Upon roll call the Commission
voted as follows: Vice Mayor Petrolia — Yes; Mr. Frankel — Yes; Deputy Vice Mayor
Jarjura--Yes; Mayor Glickstein—Yes. Said motion passed with a 4 to 0 vote.
9.B.1. REJECTION OF ALL RESPONSES_ TO THE REQUEST FOR
QUALIFICATIONS RFQ #11-2013NS: Consider approval to reject all bids, proposals,
and responses to RFQ 411-2013 NS pursuant to Section SF "Rejection of Responses", of
bid specification; and authorize staff to issue a revised RFQ for the Micro Enterprise
Technical Assistance Consulting Neighborhood Stabilization Program expanding the
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scope of service ton include additional technical assistance with the management of the
program.
Lula Butler, Director of Community Improvement, stated staff
recommends advertising since they wanted to have an expanded relationship. Mrs. Butler
stated because Nigel Roberts left employment with the City of Delray Beach staff does
not have the in-house expertise to manage the loan. Mrs. Butler stated Business Loan
Fund is willing to do it without an additional processing fee. Mrs. Butler stated staff will
take the direction of the Commission.
Vice Mayor Petrolia stated if the City goes out to bid they would expose
Business Loan Fund's entire bid. She stated one of the main reasons the City is
considering going out to bid is because the City lost Nigel Roberts. Vice Mayor Petrolia
stated the City could have ended up in situation with IED running this and Nigel could
have left anyway. Vice Mayor Petrolia stated she feels the City needs to figure out a way
to deal with it and she supports going forward.
Deputy Vice Mayor Jarjura stated she concurs that it would be a dis-
service to the procurement process to start over and unfair to the bidder who did comply
with the process. She stated if Business Loan Fund of the Palm Beaches is willing to do
this at no cost to the City then she would support it. Mayor Glickstein stated it seems to
be incorporated in Business Loan Fund's proposal already.
Mr. Frankel asked why there were only two bidders. The Interim City
Attorney stated she believes it is a specialized industry. Mrs. Butler stated staff met the
legal requirements with regard to advertising this bid.
Vice Mayor Petrolia moved to deny the request for rejection of all
responses to the request for qualifications and award the contract to Business Loan Funds
of the Palm Beaches subject to negotiations since it was an RFQ, seconded by Deputy
Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mr. Frankel—No;
Deputy Vice Mayor Jarjura— Yes; Mayor Glickstein Yes; Vice Mayor Petrolia— Yes.
Said motion passed with a 3 to 1 vote, Mr. Frankel dissenting.
9.C. RESCIND VERBAL LOAN MODIFICATION: AUBURN TRACE,
LTD: Consider approval to rescind the verbal loan modification approved by the City
Commission on March 18, 2014, which was proposed to amend the existing "Note,
Mortgage Modification, and Subordination Agreement" between the City and Auburn
Trace, Ltd. ("Auburn") dated March 17, 2010 and Amendment dated April 30, 2010.
Mr. Frankel commented about the memo from the Interim City Attorney
stating that the action the City Commission took at the March 18, 2014 regular meeting
was in violation of Florida Statute because it is not in writing and asked if any vote or
action would be moot. The Interim City Attorney stated because this is not in writing it is
invalid with regards to State law and the motion taken on March 18, 2014 would need to
be rescinded. The Interim City Attorney stated this item is before the City Commission
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right now as stated to consider rescinding the action taken by the City Commission on
March 18, 2014 which was proposed to amend the existing Mortgage Modification and
Subordination Agreement between the City of Delray Beach and Auburn Trace, Ltd. j
dated March 17, 2010 and Amendment dated April 30, 2010. In 1988, the City received
a $3.8 million urban development grant for the construction of 256 rental apartments in
the Southwest quadrant of the City. The project involves the City loaning the grant
proceeds plus an additional $768,000 (20% UDAG Match Note) and the $720,000 (Land
Note) to Auburn. The UDAG loan was to be repaid in 15 years. Both the UDAG Grant
Agreement and the Mortgage Agreement between the City of Delray Beach and Auburn
have been amended numerous times. The most recent revised agreement between the
City of Delray Beach and Auburn is dated March 17, 2010 and is known as the 2010
Mortgage Agreement which was amended further in 2010 by Amendment No. 1 to the
Note Modification and Subordination Agreement. The pertinent parts of the mortgage
are that the City of Delray Beach would retain its mortgage interest in the amount of
$5,320,000 (the outstanding balance has been confirmed to be $4,135,341.00). The 2010
Mortgage Agreement also permitted Auburn to extend the terms of the loan to June 30,
2022 and permitted Auburn to subordinate the City's loan for the remaining 20 acres to a
construction loan between Auburn and Iberia Bank entered into on or around May 2006.
On March 17, 2014 Auburn submitted a letter to the City that the loan between the City
of Delray Beach and Auburn be transferred to the Village at the Park, Ltd. an affiliate of
Auburn and Auburn requested that soft interest be applied to the existing loan in
exchange for seven (7) years of interest being paid upfront to the City of Delray Beach in
the amount of$1,050,000.00 on or before December 15, 2014. On March 18, 2014, the
City Commission considered Auburn's request for a loan modification at its regular
meeting and voted to modify the 2010 Mortgage Agreement to allow it to be assigned
and provided for soft interest in the exchange $1,050,000.00 to be paid by December 15,
2014. The Interim City Attorney stated it is her position that this action was not valid
pursuant to State Law so the action to rescind is before the City Commission in
accordance with Roberts Rules of Order Section 35. The Interim City Attorney stated the
Commission is here to discuss the procedural items and not the merits to any possible
loan modification.
Mayor Glickstein stated if anyone from the public would like to address
the Commission regarding this item,to step forward at this time.
Ann Stace -Wri ht 102 S.W. 13t" Avenue Deliray Beach FL 33444
urged the City Commission to rescind the verbal loan modification with Auburn Trace
Limited and that the Commission request Auburn to work with the community. Ms.
Stacey-Wright stated the residents will not continue to accept substandard housing
projects in their community.
Chuck Ridley, 210 N.W. 2nd Avenue Deirgy Beach FL 33444 stated
this developer had forfeited any right by this community to support the proposal in front
of the Commission. He expressed concern over what happens to that property and feels
the City Commission should have a heavy voice in making sure that they protect the asset
that Auburn owe this community now. Mr. Ridley urged the City Commission to place
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conditions on this, that Auburn not be allowed to increase the density of that property,
and that the property is brought up to standards and code so the neighborhood is not
oversaturated with housing that is not going to do anyone any good.
Alan Schlossber2, 200 MacFarlane Drive $502-N Delray Beach FL
33483, congratulated newly elected Commissioner Jarjura on her campaign and gave
kudos to Mayor Glickstein and Commissioner Petrolia for rescinding the Waste
Management contract. Mr. Schlossberg supports the rescission of the verbal loan
modification agreement that was passed at the March 18, 2014 City Commission
meeting. Mr. Schlossberg expressed concern that this loan modification was passed so
hastily and without due diligence and against legal advice. He stated the City has been
negotiating with Auburn since 1988 making numerous modifications and extensions
Auburn is in violation of their contract as they previously misrepresented the bankruptcy
of Mr. Hinners (primary owner) and the arrears of property taxes ($266,000). Mr.
Schlossberg urged the City Commission to no longer negotiate with this kind of
organization and suggested that the City put out another RFP for an organization that will
be more competent and helpful to the Auburn community. In addition, Mr. Schlossberg
suggested that the City pursue with any legal action that might be necessary to recoup
some of the money that is owed.
Dr. Josh Smith, 3616 Avenue De Gien, Delray Beach, FL 33445, stated
he was present at the March 18, 2014 City Commission meeting and stated he hopes to
never witness what he did that evening during the meeting. Dr. Smith urged the City
Commission to not deal with the Auburn Group.
Cito Beguiristain, 777 East Atlantic Avenue, Delray Beach, FL 33483,
stated as part of their correspondence with the City Attorney to the City Commission
stating that certain facts were not provided to the City Commission and having been
present that day, Mr. Beguiristain stated the Finance Director did address the City
Commission and informed them that Auburn was behind in their property taxes and that
they had not submitted financial statements. In addition, Mr. Beguiristain stated the
Finance Director stated during his presentation that they are partners. He stated the City
made a major investment many years ago in partnership with Auburn into this
development and Auburn Trace (part of the Delray Beach affordable housing stock). Mr.
Beguiristain urged the City Commission to not undo what was unanimously approved by
the City Commission on March 18, 2014 which will allow them to massively improve the
existing property by bringing in all new appliances, air conditioning, roofing, new
amenities, flooring, etc. and making the units look brand new bringing millions of
investment into it. Mr. Beguiristam stated for the City to agree with Auburn as their
partner that it wants quality affordable housing for these residents. He stated this is about
real families and working moms and people who work in this city earning between
$23,000-$45,000 who need a quality affordable place to live. Mr. Beguiristain urged the
City Commission to do what is right for Delray's affordable families.
Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 33483, stated it
appears that the people in the community who live there do not want this.
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Mack Bernard, Counsel for the Auburn Group, 777 East Atlantic
Avenue, Suite 0200, Delray Beach, FL 33483, briefly discussed this issue and stated he
submitted a letter to the City Attorney's office which stated that Auburn is behind on
their property tax, payments to the City of Delray Beach, and their financials. Mr.
Bernard stated Auburn paid the City of Delray Beach a 2012 and 2013 payment; with
regard to the financials Auburn has been working with Iberia in regards to getting those
resolved; and, with regard to the property taxes Auburn paid the 2012 property tax today.
He stated they have an MOU (Memorandum of Understanding) at the table and they
would like to sit down with the Southwest neighborhoods to figure out a "win-win"
situation. Mr. Bernard urged the City Commission to not rescind the verbal loan
modification but to allow Auburn to continue to try to come up with a "win-win"
situation for the residents of Auburn Trace.
Kevin Osborn, 621 Allen Avenue, Delray __Beach, FL 33483,
commented about Mr. Bernard's statement that the Auburn Group paid their property
taxes today. Mr. Osborn stated a soft interest loan would only be good for Auburn and
there is always a way to not make a profit and the City will never get that money back.
Mr. Osborn urged the City Commission to rescind the verbal loan.modification.
Michael Weiner Weiner Lynne & Thompson, P.A. 10 S.E. 1St
Avenue, Delray Beach, FL (Counsel for the Auburn Group), stated the City gave a
commitment letter and noted they would have to revolutionize business conduct in the
State of Florida if the City believes that State Statute means that a lender can rip up a
commitment letter. Mr. Weiner stated it was stated on the record when it was originally
approved and the City Commission received a letter in January about it and there are no
mis-statements with respect to the Auburn Group. He stated the taxes have been paid.
Mr. Weiner commented about the action taken by the City and stated equitable estoppel.
Mr. Weiner stated his client acted in good faith in reliance upon an action of the City
made a substantial expenditure and changed his position. Mr. Weiner stated what the
City would be doing is not only unlawful it is unwise.
There being no one else from the public who wished to address the
Commission,the public comment was closed.
Vice Mayor Petrolia reminded everyone about the reversal of the Waste
Management contract. Vice Mayor Petrolia stated the City was told that it was not
g Y tY
possible and it looks like it might end up being possible.
Vice Mayor Petrolia expressed concern over what happened on March 18,
2014 and stated the Auburn item was put on the agenda the day before the meeting and
she was not able to attend the meeting. Vice Mayor Petrolia stated she did not have the
backup information until mid-day on the day of the meeting and asked where is the
respect to the taxpayers of what happened on March 18, 2014. With regard to the
substantial investment that Auburn made today that was brought up, Vice Mayor Petrolia
stated that was money that was due to keep them out of potential default. Vice Mayor
Petrolia stated she agrees this property has every right to be updated and made great.
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i
Vice Mayor Petrolia stated she supports the rescission.
Deputy Vice Mayor Jarjura briefly discussed the deviations that occurred
at the March 18, 2014 City Commission meeting. Deputy Vice Mayor Jarjura stated she
has significant other deviations from the Local Rules and Procedures and the
Administrative Manual that was not raised by the City Attorney that she requested that
her colleagues and the public afford her the patience of going through them because she
wants them clear for the record. Deputy Vice Mayor Jarjura stated Mr. Weiner stated
that the Auburn Group paid their property taxes in reliance of Commission approval two
weeks ago at the March 18, 2014 City Commission and she would assume that Mr.
Weiner's client paid his property taxes because it is required by law to pay your property
taxes for 2012 and it is required pursuant to the loan documents that his client has to be in
compliance with all loans and have their taxes up-to-date. Deputy Vice Mayor Jar ura
asked questions of the Interim City Attorney, the Interim Finance Director, and the City
Manager to respond to so the record is clear since there is a court reporter present and
some allusions have been made about estoppel and good government. Deputy Vice
Mayor Jarjura stated from she feels the March 18, 2014 City Commission was anything
but "good government"; she watched the meeting three times and as a resident and now
as a Commissioner she is offended by the "good government" that occurred and concurs
with a public comment that how can two attorneys that sit on the dais have proceeded
with such action.
Mr. Frankel stated he objected to Mayor Glickstein's statement being read
into the record at the City Commission meeting of March 18, 2014. Deputy Vice Mayor
Jarjura cross-examined Mayor Glickstein regarding his statement.
For the record, the Interim City Attorney stated the City Attorney's office
did not have the opportunity to perform its own due diligence prior to the March 18, 2014
City Commission meeting with respect to the offer that was made on March 17, 2014. In
addition, the Interim City Attorney stated Janice Rustin, Assistant City Attorney, also
objected to going forward with the action that was taken on March 18, 2014. The Interim
City Attorney read into the record Administrative Policies and Procedures Manual GA—
6.1 Policy. Deputy Vice Mayor Jar ura entered into the record the Administrative
Policies and Procedures and Manuals GA-6, the Local Rules of Procedures for Delray
Beach, and Mayor Glickstein's objection to this being put onto the March 18, 2014
agenda.
Mr. Frankel stated this item was debated over an hour the evening of
March 18, 2014. He made reference to Item 9.A. on the agenda this evening with regard
to the timing of placing things on the agenda. Mr. Frankel stated whatever action the
City Commission took on March 18, 2014 would not hold ground and should be stricken.
Vice Mayor Petrolia stated on March 18, 2014 it was never asked how
much the Auburn property is worth and how much is the first owed on it because this
would have given her a true indication as to what the Commission's position was on this
property.
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Deputy Vice Mayor Jarjura stated a lot of pontificating was done at the
March 18, 2014 City Commission meeting by some of the applicant comments today that
this is about whether or not the City supports affordable housing. Deputy Vice Mayor
Jarjura stated this is not what this issue is about but rather that it was rushed onto a
Commission agenda, it was not properly vetted, it was approved contrary to the strong
objections of the City staff, and noted it is a significant amount of money. Deputy Vice
Mayor Jarjura stated Commissioner Frankel commented that the Commission just made a
decision contrary to City staff with respect to the rejection of all responses. Deputy Vice
Mayor Jarjura stated that item actually saved the City money because the City did not.
have to go out and expend money and they were willing to do the services for no
additional fee. Deputy Vice Mayor Jarjura stated she does see how this item can be
compared to the Auburn Trace item. Deputy Vice Mayor Jarjura stated she is not saying
she is against working with Auburn Trace as a partner but as a partner they should be true
partners and should not be on the backs of our partner to their own benefits and at the
detriment of the City taxpayers and to the detriment to the residents who live in that
neighborhood. Deputy Vice Mayor Jarjura reiterated that this is about the gross and
egregious procedure deviations from the City Code she is comfortable with supporting a
rescission of this contract.
Mayor Glickstein stated this was a low water mark for this City
Commission and in his opinion this was a "hi jacked" agenda. Mayor Glickstein stated
the day before the City Commission meeting of March 18, 2014 there is all of a sudden
communication among three Commissioners to request this to be on the agenda when he
has been here for the last year and have never heard once from any of those three
Commissioners or any other staff person a sense of urgency or any discussion at all about
this. Mayor Glickstein stated this was deplorable and feels it would be irresponsible to
support the proposal. Mayor Glickstein stated he supports the rescission and would like
to discuss the merits of how the City can unwind this in a more systematic method but it
starts with the appraisal and he would like to understand what kind of rights the City has
to deal directly with the senior lender. Mayor Glickstein briefly reviewed some of the
comments that Commissioner Jarjura discussed and directed his concerns to the City
Manager. Mayor Glickstein stated the City Manager does not work for City
Commissioners but he works for taxpayers and he feels the City Manager missed an
opportunity to be an example for City staff and taxpayers of how this city conducts itself
that cronyism and special interest dealings do not belong here and will not be tolerated.
Vice Mayor Petrolia moved to approve to rescind the verbal loan
modification for Auburn Trace, seconded by Deputy Vice Mayor Jarjura. Upon roll call
the Commission voted as follows: Deputy Vice Mayor Ja&ra—Yes; Mayor Glickstein--
Yes; Vice Mayor Petrolia — Yes; Mr. Frankel Yes. Said motion passed with a 4 to 0
vote.
9.D. REOUEST TO TRANSFER VALET PARKING LICENSE
AGREEMENT WITH RELOCATION/PRIME STEAKHOUSE: Consider a request
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Scott Aronson, Parking Management Specialist, stated this item is a
request from Prime Steakhouse to relocate the valet parking license agreement to their
new address at 29 S.E. 2nd Avenue. Mr. Aronson stated the building located at 110 East
Atlantic Avenue was recently sold and the Prime Steakhouse is relocating to its IL Bacio
spot on 2nd Avenue. Mr. Aronson stated origin of the valet queue on 2°d Avenue was for
the 110 East Atlantic building and when that valet queue was established they used a 55
car parking lot on S.E. 1" Street that belonged to the Sopra Center. He stated with the
construction of the Worthing Place got assimilated into the Worthing Place project and
the Federspiel Garage was part of the entire Worthing Place. Mr. Aronson stated the
Garage to replace the 55 spaces for the 110 building and an additional 40 spaces were
entitled to them and to replace the Worthing Park parking lot with its 76 spaces plus
additional public parking spaces. The 40 part-time spaces that the City leases to the valet
were to allow the valet to continue after the Worthing Place development was
constructed. Mr. Aronson stated the new building owner, RMS Properties, Ine. expressed
concern that the valet queue remain with the building. The tripartite agreement allows
for the building owner to lease spaces to a valet. The owner is amiable to leasing 55
spaces in addition to the 40 so it would provide that valet queue with 95 spaces. He
stated the modifications to the valet itself moving it further south to the adjacent 2-spaces
removing a landscape node creating 4 or 5 continuous spaces will be completed with no
cost to the City. The City currently uses those spaces for $40 per space per month which
totals $19,200 in revenue. Mr. Aronson stated the transition of the 75 Main queue to
Taverna Opa it was determined that the Parking License Agreement did transfer with the
new ownership of the building. He stated the lease ended with Prime Steakhouse on
March 31, 2014 and the effective date is April 1, 2014 is the effective date for Rocco's
Tacos. Mr. Aronson stated if the request is not approved and the valet stays with the new
tenant Rocco's Tacos, there would some interim time for agreements to be signed. Mr.
Aronson stated that Global Parking has agreed to pay in advance for the parking spaces in
the garage plus the valet queue totaling $1,900 and that would be pro-rated for the
amount of time that they operate the queue. Staff recommends to deny the request from
Prime Steakhouse to transfer the parking license agreement with its relocation; approve
entering into a parking license agreement with Delray Taco, LTD., dlb/a Rocco's Tacos;
approve Global Parking Services to operate the value queue for the period of time, not to
exceed 30 days; approve the transfer of the license agreement for the 40-spaces in the
Federspiel Garage to the valet of Rocco's Taco's choosing.
Brief discussion by the Commission followed.
Vice Mayor Petrolia stated she supports the recommendation to deny this
and give it to the business that is coming in as has been done in the past and allow for
Rocco's Taco's to continue.
Mayor Glickstein asked for clarification regarding the differences as it
affects the public parking in the garage. Mayor Glickstein confirmed with Mr. Aronson
that the number of spaces would not change but the ability of public to use those spaces
through a valet would change.
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Mr. Frankel stated he supports denying the request but he likes to have an
open restaurant operate a queue especially one that is located right next to it.
Deputy Vice Mayor Jarjura stated it states in the staff report that the new
tenant Rocco's Taco's offered to assume the license upon the inception of its lease April
1, 2014 and maintain the value service during the build out so it would not be waiting
until it opened.
Vice Mayor Petrolia moved to deny the request of the transfer of the valet
parking license to Prime Steakhouse at their new location and give the valet parking
license to Rocco's Tacos with the idea that Global Parking Services will continue,
seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as
follows: Mayor Glickstein Yes; Vice Mayor Petrolia Yes; Mr. Frankel —No; Deputy
Vice Mayor Jarjura— Yes. Said motion to deny passed with a 3 to I vote, Mr. Frankel
dissenting.
9.E. DISCUSSION OF APPOINTMENT TO THE DELRAY BEACH
HOUSING AUTHORITY: Discussion of March 18, 2014 Delray Beach Housing
Authority Appointment.
i
Vice Mayor Petrolia requested that the Commission rescind the
appointment to the Delray Beach Housing Authority on the basis that it was not following
the rules.
Terrill Pyburn, Interim City Attorney, stated according to Section 3 5 of
Robert's Rules of Order the motion can be rescinded. Ms. Pyburn clarified that it was not
the City's Local Rules; however, it was discussed at the October 8, 2014 City
Commission Workshop meeting.
Brief discussion between Commissioner Jarjura, Commissioner Petrolia,
and Mayor GIickstein followed.
Vice Mayor Petrolia explained that the application had to be in ten (10)
days prior to the date of the first appointment. Therefore, Vice Mayor Petrolia stated the
application would have had to of been submitted on March 8t'.
Deputy Vice Mayor Jarjura asked why this was not adopted if it was voted
on and directed by the City Commission to implement this rule. In response, the Interim
City Attorney stated this was voted upon during the October 8, 2013 City Commission
Workshop meeting and there was a consensus for mostly the fact that it would provide
the City Clerk's office a reprieve with regards to recruiting new board members to help
with the turnover issue.
Mayor Glickstein stated it was also in fairness to the people who applied.
The Interim City Attorney reiterated that this was all discussed in the minutes of October
8, 2013. The Interim City Attorney stated if the Commission desires to make this a rule
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staff can put this in the rules going forward.
Deputy Vice Mayor Jarjura stated she feels if it was voted on and that was
the direction of the City Commission then it should be memorialized in a rule.
Mayor Glickstein stated he supports this appointment being rescinded.
Vice Mayor Petrolia moved to rescind the appointment of Kevin Warner
from the Delray Beach Housing Authority, seconded by Mayor Glickstein. Upon roll call
the Commission voted as follows: Vice Mayor Petrolia—Yes; Mr. Frankel—No; Deputy
Vice Mayor Jarjura Yes; Mayor Glickstein — Yes. Said motion passed with a 3 to 1
vote, Mr. Frankel dissenting.
Vice Mayor Petrolia moved to extend the City Commission meeting past
11:00 p.m., seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission
voted as follows: Mr. Frankel—No; Deputy Vice Mayor Jarjura—Yes; Mayor Glickstein
— Yes; Vice Mayor Petrolia Yes. Said motion passed with a 3 to 1 vote, Mr. Frankel
dissenting.
9.F. APPOINTMENT TO THE PLANNING AND ZONING BOARD:
Appoint one (1) regular member to serve a one (1) year term ending August 31, 2015, to
the Planning & Zoning Board. Based upon the rotation system, the appointment will be
made by Commissioner Jarjura(Seat 44).
Deputy Vice Mayor Jarjura requested that her appointment be deferred to
the next regular meeting of April 16, 2014 because she has not had the opportunity to
interview some of the applicants and would also like to know what the professional
requirements are for the board members on the Planning and Zoning Board.
For clarification, Vice Mayor Petrolia stated the application cannot be
included unless it was ten (10) days prior to the date that you first have the opportunity of
making that appointment.
At this point, Mayor Glickstein requested that the language on the agendas
be changed from appointments to nominations.
9.G. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2)
regular members to serve unexpired terms ending July 31, 2016 to the Education Board.
Based upon the rotation system,the appointments will be made by Commissioner Jarjura
(Seat 44) and Mayor Glickstein(Seat#5).
Deputy Vice Mayor Jarjura moved to nominate Jeremy Office to the
Education Board to serve an unexpired term ending July 31, 2016, seconded by Vice
Mayor Petrolia. Upon roll call the Commission voted as follows: Deputy Vice Mayor
Jarjura— Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia— Yes; Mr. Frankel — Yes.
Said motion passed with a 4 to 0 vote.
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Mayor Glickstein moved to nominate Michelle Quigley to the Education
Board to serve an unexpired term ending July 31, 2016, seconded by Vice Mayor
Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein--Yes; Vice
Mayor Petrolia — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes. Said
motion passed with a 4 to 0 vote.
11. FIRST READINGS:
A. None
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
12.A. City Manager
The City Manager gave a brief update of the status of the LDRs to the City
Commission. As of March 25, 2014, the City Manager stated the Treasure Coast
Regional Planning Council has completed 30 interviews including elected officials,
businesses, the Planning and Zoning Board, and SPRAB. The City Manager stated
additional observations will be based on these interviews and analysis. The City
Manager stated their first public workshop was held Thursday, March 20, 2014 and the
West Atlantic Redevelopment Coalition (WARC) interviewed Deputy Vice Mayor
Jar ura and Mayor Glickstein. The City Manager stated they interviewed the DDA staff
this week and plan to have a public workshop during the month of April. The City
Manager stated their first draft of the LDR revisions will be completed by the end of May
2014.
At this point, Deputy Vice Mayor Jarjura stated she understands that the
scope of the Treasure Coast Regional Planning Council recommendations is for the CBD
zoning district based upon their presentation to the Northwest/Southwest as well as her
interviews as a member of the Planning and Zoning Board and then subsequent as a
Commissioner. Some of the recommendations they are going to make are related to
review process and to her are important, germane, and applicable to the rest of the city as
well. Deputy Vice Mayor Jarjura asked if once the City receives the recommendations is
the City potentially looking at expanding those recommendations to the rest of the city or
will the City limit it because that was the scope of the project. The City Manager stated
the scope of the project was based on funding and that it fell into the area that was the
CRA district so the City would be looking to expand those things across the LDRs. The
City Manager stated there is nothing that would limit this Commission when they hear
the recommendations if they feel that they would be applicable to the rest of the city to
amend the LDRs.
Secondly, with regard to the labor negotiations, the City Manager stated
the City has a tentative agreement with SEIU that covers October 1, 2013 through
September 30, 2015. The City Manager stated the tentative agreement called for a 4%
across the board payroll increase effective after October 1, 2013 for employees hired on
or before October 1, 2012. He stated employees who are topped out will receive a
portion of that raise up to a lump sum not to exceed 2%. The City Manager stated the
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fiscal year 2014-2015 employees will receive an individual performance increase range
between 0-3% which will be merit based and they would be allowed to take two (2)hours
leave early pay to attend parent/teacher conferences; no layoffs or furloughs through
fiscal year 2013-2014. The City Manager stated the City is scheduled for Officers and
Sergeants' collective bargaining beginning on April 9, 2014 at 1:00 p.m. in the
Environmental Services Department training room and the City is scheduled for
Collective Bargaining with PBA lieutenants on Thursday, April 10, 2014 at 10:00 a.m.
held at City Hall in the first floor conference room. The City Manager stated the IAFF
Firefighters' and Paramedics and Ocean Rescue contract expires on September 3 0, 2014
and there is a tentative bargaining session with them scheduled for the 2"a week of May.
The City Manager stated the City has not received a response to the City's request for
Collective Bargaining.
The City Manager stated the Planning and Zoning interviews are
tentatively scheduled for April 14, 2014. Mayor Glickstein asked who is on that
Interview Committee. The City Manager stated the Interview Committee consists of:
Shirley McKennon, Robert Barcinski, Lula Butler, and Randal Krejcarek. Mayor
Glickstein stated that on several of these the same eyes are reviewing these department
heads which is not a good practice. Mayor Glickstein stated he has asked the City
Manager to reach out to the private sector (i.e. Treasure Coast Regional Planning Council
Dana Little) and he does not want the interview process limited to staff. The City
Manager stated the Finance Director interviews are scheduled for April 18, 2014 and two
members of the private sector are scheduled for that panel (Mr. Warner and Mr.
Ellingsworth).
Deputy Vice Mayor Jarjura asked the City Manager is he going to be
rescheduling the interviews for the Planning Director and the Finance Director to
accommodate Mayor Glickstein's request.
Deputy Vice Mayor Jarjura inquired about non-union employees. The
City Manager stated non-union employees already received a raise. Deputy Vice Mayor
Jarjura asked about the non-union employees that are topped out. The City Manager
stated the City will replicate what is in SEW because the City did not give non-union
employees who were topped out a bonus.
Deputy Vice Mayor Jarjura inquired about the other open positions. The
City Manager stated he has given the Commission the City Attorney applicants and he
would like to get the City Commission's recommendations by May 1, 2014. Mayor
Glickstein stated at the Organizational Meeting the City Commission was left with
binders with no criteria and no direction whatsoever of what the City Manager wanted to
see in terms of process. Deputy Vice Mayor Jarjura asked the City Manager to explain
the process. The City Manager stated staff provided the City Commission with 14
candidates that met the basic criteria for the City Attorney position but because of the
Sunshine Laws the City Commission cannot collaborate on the candidates. Therefore,
the City Manager suggested that the City Commission select their 4 or 5 final candidates
then the Commission can rank those (i.e. 41, #2, #3, #4, and #5 choice). Mayor
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Glickstein asked what the process is after that. The City Manager stated then those five
(S) would be recommended for interviews and the City Commission will conduct those
interviews.
Deputy Vice Mayor Jar ura asked the City Manager to memorialize in a
memorandum as to the process to select the City Attorney and requested that the City
Commission get until Monday to provide the City Manager with their choices given that
he is going to actually provide the City Commission with the memorandum delineating
the process prior to this weekend.
Mayor Glickstein asked what the status is with regard to the Human
Resources Director. The City Manager stated he has not advertised that position and he
is inclined to offer the position to the Interim Human Resources Director. Mayor
Glickstein asked what the reason is for not advertising the Human Resources Director
position. In response, the City Manager stated the person who is the Interim Human
Resources Director has the requisite skills and abilities to run the department and has
done this for the past ten (10) months successfully and feels that recruitment will
probably not yield an appreciably better candidate. Mayor Glickstein asked what the City
Manager's succession plans are regarding the City's Police Chief The City Manager
stated he has talked to the Assistant Police Chief and feels he represents many of the
attributes that the City Commission would be looking for in a Police Chief. The City
Manager stated he expects a decision in the month of May 2014 because Police Chief
Strianese will retire in September 2014. Mayor Glickstein asked the City Manager if he
is using the time between now and May to solidify his preliminary thinking on the
direction he is going or is he using that time to seek other candidates. The City Manager
stated at this point he is not seeking other candidates. Mayor Glickstein asked if he has
made a final decision. The City Manager stated he has not negotiated the terms of
Assistant Chief Goldman's ascension but believes Assistant Chief Goldman would make
an excellent Police Chief. Mayor Glickstein stated stability of the department is
paramount and if the City Manager has made a decision he would like that decision to be
made publicly known because for other department heads the City has made that publicly
known before negotiating a contract. Mayor Glickstein asked the City Manager to keep
the Commission advised about that.
12.5. City Attorney
The Interim City Attorney stated the City Commission received a copy of
the Court's Order in the Waste Management case that was rendered on Friday, March 28,
2014. The Interim City Attorney stated there will be a Closed Attorney/Client Session
with outside counsel on Thursday, April 3, 2014 at 11:00 a.m. with regard to Waste
Management and will be part of a special meeting. She stated the City is expecting
possibilities of settlement and strategy as is allowed under the exception to the Sunshine
Laws. For the record, the Interim City Attorney stated notice will be provided tomorrow
and the people who will be involved in that Closed Attorney/Client Session is Jamie
Cole,the Interim City Attorney, the City Manager,and the Commission. The Interim City Attorney
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asked the City Commission to refrain from discussing the case because the City is still
currently in litigation.
12.C. City Commission
12.C.1. Mr. Frankel
Mr. Frankel stated he has no comments.
12.C.2. Deputy Vice Mayor Jariura
Deputy Vice Mayor Jarjura stated she has no comments.
12.C.3. Vice Mayor Petrolia
Vice Mayor Petrolia stated issues continue to arise with regard to the
Purchasing Department and asked that the City Commission give the City Manager
direction to place on the next Workshop meeting a discussion of the Purchasing
Department specifically the pros/cons of outsourcing, the procurement of bids, and until
such a time the department is fully staffed. Also, Vice Mayor Petrolia suggested that the
City Commission have an open discussion on the City Codes and how the new language
is working. Vice Mayor Petrolia stated it may also be beneficial to get some other
sources to present what works in their municipalities. In addition, Vice Mayor Petrolia
stated she would like the City Manager to present to the City Commission the job
description and qualifications of the Purchasing Director as well as Purchasing Directors
specifically of West Palm Beach,the Solid Waste Authority, and the South Florida Water
Management District(SFWMD).
Secondly, Vice Mayor Petrolia commented about the March 18, 2014 City
Commission meeting and asked that this Commission consider eliminating completely
the Iame duck meeting and do some research on whether or not municipalities swear in
the newly elected officials almost immediately. Vice Mayor Petrolia stated the purpose
for the City of Delray's delay dates back to the early 2000's when Tom Lynch was
Mayor and the delay was based on the fact of run-off elections and there was a
requirement of more than 50% to be able to win an election where now it is only 35%.
Vice Mayor Petrolia stated the City may not have that need to delay this between the
Election Day to the date the new person is sworn in.
Vice Mayor Petrolia stated she would like to understand what procedures
take place in the evaluations of the City Manager and the City Attorney and also during
the process of hiring a City Attorney how that will affect if it would on evaluations. Vice
Mayor Petrolia stated she would like to know when that is going to take place and also
requested that a copy of the City Manager's contract be sent to her this week.
Vice Mayor Petrolia urged the City Commission to support a study of the
DDA taxpayers. She stated prior to the City Commission making any future decisions
with the DDA she feels they need to understand through survey form originating out of
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I
City Hall and coming back to City Hall whether or not those that are paying this tax are
happy or not. She feels it will make it easier for the City Commission to make the
decisions going forward when they are up against the budget. Vice Mayor Petrolia stated
she recalls that Mayor Glickstein had previously asked about this.
Lastly, Vice Mayor Petrolia extended a warm welcome and
congratulations to the newest member of the Commission Deputy Vice Mayor Jordana
Jarjura. Vice Mayor Petrolia stated she was very impressed by Commissioner Jar ura this
evening and thanked everyone who voted for her.
12.C.4. Mayor Glickstein
Mayor Glickstein stated he has no comments.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 11:30 p.m.
City Clerk
ATTEST:
MAYOR
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 April 1, 2014, which Minutes were formally approved and adopted by the City
Commission on May 20, 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.
44
04/01/14
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
FINAL SUBDIVISION PLAT APPROVAL AND
WAIVER REQUEST FOR 1001 HIBISCUS LANE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
'I. The .final subdivision plat approval and waiver request regarding 1001
Hibiscus Lane has come before the City Commission on Apol. 1, 20.14..
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request and plat approval for
100 1 Hibiscus Lane. All of the evidence is.a part'of the record in this case.
L Waiver: Pursuant to LDR Section 2:4.7(13)(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 dim.NO 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,
Pursuant to LDR Section 4.3.1(D), lots or yards created after October 1, 1990
shall meet the minimum requirements established by Chapter 4, unless the City
Commission declares' at the time of approval of an- associated development
application, that it is necessary and appropriate to create such nonconformity..
Pursuant to Section 4.3:4(E)(3), ''The front of a lot is the side with frontage on a street..
For .corner lots, the side. having the least street frontage shall be the front for setback
purposes," By this definition, the proposed Lots 2' and 3 will have frontage on NW 9th
th
Street and Lot 1 will have frontage on NW 6 Avenue.
The lots on the proposed plat'meet all.of the development standards for the R-1-
AA-13 zoning district, except for Lot 1; which only has 25 feet.of frontage where 100 feet
is required. Pursuant to LDR Section 4.3.1(D), the applicant has requested a waiver to:
.LDR Section 4:3.4(x) (Development Standards Matrix) to allow the reduction of the
minimum frontage below the. minimum requirements for Lot 1 from 104 feet to 25 feet..
As noted in the .applicant's request, "....the proposed Lot 1 frontage and access is not
changing from the original single family residence that was:constructed in 1962."
Regular Meeting,April 1,2014,Item 9.A.
i
i
i
it
i
Regular Meeting,April 1,2014,Item 9.A.
i
Proposed Lot Dimensions
Lot Size (Square Feet) Lot Width Lot Depth Lot FroWdEre
Mininium:Required 12,500 100' 110' 100'
Proposed Lot 1 34,858 219.21' 159.02 25'
NoposedLot2 17,574 109.79 1=60.' 110.13
Proposed.Lot3 17,457 10.9:1I. 160' 108,67
Should
the..waiver. to Section. 4.3.4(#0 to reduce frontage for Lot 1 be
granted
Yes ✓ No
If. Plat Approval.: The required findings for approval are Hereto attached as
"Exhibit A
Should the final subdivision plat be approved for 1001 Hibiscus Lane Plat?
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 not limited to the staff reports, testimony of 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 waiver requests and plat approval and hereby adopts this Order this 1 s
day of April, 2014, by a.vote of 4 in favor and 0 o.
4
,,
ATTEST'' « ` "r Cary D. Glic st Mayor
:x
wrt i i� r. 'rr
Chevelle N'ub In-, Cif y'0fl�` -
2.
Regular Meeting,April 1,2014,Item 9.A=
I
Regular Meeting,April 1,2014,Item 9.A.