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05-20-14 Regular Meeting Minutes MAY 20, 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,May 20, 2014. 1. Roll call showed: Present- Vice Mayor Shelly Petrolia Commissioner Adam Frankel Mayor Cary Glickstein Absent- Commissioner Alson Jacquet Deputy Vice Mayor Jordan Jarjura Also present were- Robert A. Barcinski, Acting City Manager Terrill Pyburn, Interim City Attorney Chevelle D.Nubin, City Clerk 2. The opening prayer was delivered by Chaplain Howard Meridy. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPROVAL OF MINUTES: Mrs. Petrolia moved to approve the Minutes of the Regular Meeting of April 1, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mayor Glickstein Yes; Vice Mayor Petrolia— Yes. Said motion passed with a 3 to 0 vote. 5. PRESENTATIONS: S.A. Update on St. Patrick's Day Events—John Fischer Robert A. Barcinski, Acting City Manager, stated he submitted a written report to the City Commission in April. However, Mr. Barcinski stated he felt it important to publicly do this and all those involved such as the producer, staff, businesses, the DDA felt it was not only the best decision that was made but that it was the right decision that was made to not allow people to bring alcohol into the parade. He stated it they felt it had a positive impact and reports he received was that it was a more family-oriented event. Mr. Barcinski stated a few days prior to the event the Police went to all the businesses that sell alcoholic beverages reminding them of their responsibilities of what they could and could not do and he feels this greatly helped the situation. Mr. Barcinski stated staff feels the safety was improved greatly. Mr. Barcinski commented 05/20/14 about the port-o-lets as well as the permanent restrooms. He briefly spoke about the volume of trash and stated the producers as well as City staff try to do the best during the event and into the evening. Mr. Barcinski stated the City has to do educate the businesses on the backside about what their responsibilities are in terms of getting the trash in the dumpsters and separating the recycling items. He stated there were some issues brought up regarding the charges for the parade and staff determined that the rates were the same. The event producer had approximately 40 volunteers and there were issues with some restaurants and bars despite all the efforts people wondered off the site with alcoholic beverages. Also, the ones the City gave the liquor license extensions to did what they were supposed to;however,the crowds are so big that in the future staff recommends that they have two security guards. Mr. Barcinski stated there were other businesses that let people get off-site with alcohol and one business did get the liquor license extended but went far beyond his requested time to close down. Overall, Mr. Barcinski stated staff feels the event did improve. Anthony Strianese, Police Chief, stated this is one of the better events the City has had in many years and believes the City is moving in the direction of a family event as opposed to a drink fest. Captain John Battiloro, Police Department, stated he has worked at least 20 St. Patrick Day parades and this was the best one and is going in the right direction without having the alcohol and more families with children attended this year. Fire Inspector Captain Tim Garito, fire-Rescue Department, stated they did not see a big decrease in the call volume over previous years; however, what they did notice that the types of calls they had were less alcohol related calls. Mr. Garito stated there was a positive impact on their end as well. Captain Garito stated the Fire-Rescue Department tweaks its staffing levels every year based on problems they have had in previous years and they were using two three-man serve units/special event rescue vehicles for years and determined that they needed more coverage so these were split them into three two-man serve units. He stated they had some access issues because of that. Mr. Garito stated next year the Fire-Rescue Department will add three people to that so they will go back to three-person units but they need to have three. Bruce Gimmy complimented Mayor Glickstein and the City Commission for having the courage to discuss this event. He stated years ago it used to be that there was no drinking or open containers. Mr. Gummy stated the parade was excellent and the crowd was orderly and there were lots of children. He stated the barricades were helpful and when the parade was over there was no trash. Laura Simon, Associate Director of the Downtown Development Authority (DDA), stated there was a huge improvement with the parade this year and the change with the alcohol was a huge compliment to this historic event. Ms. Simon stated they received some feedback on the barricades and the closing of Atlantic Avenue for an entire day in March is difficult. Ms. Simon stated with regard to some areas of improvement she stated it was suggested that the parade be changed to Sunday versus 2 05/20/14 Saturday. John Fischer, Code 3 Events, thanked the City Commission, Acting City Manager, and Chief for their comments. He gave a brief history of the St. Patrick's Day Parade and it has a 46 year history and has been managed by the following four (4) groups: the Powers Family,the Gallagher Family, Festival Management Group, and now Code 3 Events. Mr. Fischer stated Code 3 Events has invested over $100,000 out-of- pocket and their own pockets and from the emergency service organizations that they are members of with a zero net return. Mr. Fischer stated they spend countless hours working in promoting and marketing the parade hence the global, national, and international participation. Mr. Fischer stated the parade has a dedicated website: www.sipatrickparade.com or www.fireparade.com and there is a video on www.youtubecom for background information on the parade. Mr. Fischer stated the parade now has professional view stand on the second floor balcony of Buddha Sky Bar (formerly Powers Lounge). He stated the parade now has a pre-parade Friday night festival at Old School Square and is partnered with St. Baldrick's Foundation for childhood cancer support. Mr. Fischer stated the parade funds Police, Fire, and EMS non-profits with the monies left over after operating costs and Code 3 Events gave $12,000 to their non-profits and causes. Mayor Glickstein stated this discussion was to get a better understanding of what went right, what did not go right, and where we can improve for next year. He stated by most accounts the parade was successful and the quality of the event was higher. Mayor Glickstein stated the change was for the betterment of everybody (i.e. the people who attended the parade, the first responders, merchants, restaurants) and the City benefitted overall from those changes. Vice Mayor Petrolia commented about changing the parade from a Saturday to a Sunday and heard that as a negative from the businesses that did not have patrons during that timeframe. She stated there is a 3:00 a.m. — 10:00 a.m. cleanup and asked whether that would impede on Monday traffic or whether it is possible. Vice Mayor Petrolia stated she believe it would further cut down on the potential of drinking. Mr. Fischer stated there are a lot of people who come from out-of-town and out of the country to attend the parade and they have to be back to work on Monday so they use Sunday as their travel day to get back. He stated if the City of Delray Beach were to change the parade to Sunday he believes that Fort Lauderdale would put their parade on Saturday. 5.8. Update on the Legislative Session—Representative Bill Hager Representative Bill Hager, House District 89, gave a brief overview of the Legislative Session and Legislative Bills and stated they continue to promote low taxes, less government, personal responsibility, balance budget, private sector growth, and individual liberties. Mr. Hager stated he sponsored electronic cigarettes (e-cigarettes), 3 05/20/14 sober homes (HB479 passed unanimously with one exception; did not pass the Senate). Mr. Hager stated the following have passed the Legislature: (1) cultural grant for the Delray Beach Arts Garage, (2) $1 million Delray Beach segment of the Shore Protection Project, (3) $240,000 for Old School Square, and (4) $250,000 funding from Holocaust through Health and Human Services. In the event that Florida goes the way of Colorado in terms of legalization of marijuana, Mayor Glickstein asked what the City of Delray Beach would get in terms of home rule ability to regulate the dispensing of marijuana. In his opinion, Mayor Glickstein stated that Delray Beach has a vulnerable population already and he feels that Delray Beach needs to keep its eye on it in terms of preserving home rule. Mr. Hager stated this is on the ballot constitutionally and he has been a strong supporter of home rule since he got in the Legislature. 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 expressed by Mitzi Kaitz at the last meeting about making Atlantic Avenue more bicycle friendly, Mr. Robert Barcinski, Acting City Manager, stated the City's Planning and Engineering staff is working with Human Powered Delray in the development of a comprehensive ped/bike plan. Mr. Barcinski stated the Planning and Zoning Department is also working with possible LDR changes. He stated with regards to Atlantic Avenue, the majority of this corridor is under the Florida Department of Transportation (FDOT) control and while there is paved shoulder from the SW/NW 12 Avenue west,there are currently no plans to provide bike lanes from SWINW 12t` Avenue to Swinton Avenue. He stated staff will wait to see what recommendations come out of the Human Powered Delray report before implementing any shared bike use lanes on Atlantic Avenue. Secondly, the Acting City Manager stated there were numerous speakers at the previous meeting regarding the suggestion of charging $1.00 to ride the Trolley, etc. He stated the South Florida Regional Transportation Authority (SFRTA) has indicated that their annual funding could be pulled if the City begins to charge to ride the trolley. The Community Redevelopment Agency (CRA) has also committed to fund trolley operations, as a 50%match grant from FDOT which will expire May 2015. Lastly,the Acting City Manager stated numerous speakers spoke about the stop signs east of the Intracoastal. He stated the stop sign installation is scheduled to occur May 12-16, 2014. He stated after their installed a few minor adjustments may still be required. He stated the existing trombone mast arms will be taken down May 19-23, 2014. The bags will be removed from the signs. Mr. Barcinski stated in approximately three (3) months temporary concrete poles will be installed to support temporary span wire signals and new trombone mast signals are still being scheduled to be installed in 4 05/20/14 2015 and any additional costs for trombone mast arms will be the City's responsibility. He stated the CRA has committed to providing additional funding of$120,000. 6.B. From the Public. 6.B.1. Timothy Bodkins Taylor, resident of Dclray Beach, stated the City has done a wonderful job with cleaning up the streets; however, he feels there are other issues that need to be addressed and feels the residents voted for the City Commission to protect their best interest in the community. Mr. Taylor expressed concern that he is a taxpayer and stated that the City Commission needs to investigate more what is going on inside of the City. Mr. Taylor stated if the City Manager and Lula Butler knowingly made false accusations and lied to the City Commission then he feels they should both be dismissed. 6.B.2. Steve Blum, 11_5 Venetian Drive, Delray Beach, FL 33843, stated he concurs with comments expressed by Mr. Taylor that the City Manager has to go and Lula Butler does not need to be employed until December before she has to go. Secondly, Mr. Blum stated nothing has been done with the traffic lights at Venetian Drive, Gleason Street, and Atlantic Avenue and noted the lights are still up. He stated there are some new stop signs but these signs need flashing lights as like the stop signs on 2"d Avenue in Pineapple Grove. Mayor Glickstein stated the City is working on it. 6.B.3. Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33445 (President of Bexley Park, member of the Education Board, and a member of the PTA at Banyan Creek Elementary School), stated in February he came before the City Commission and brought Mr. Robert Sierra (Barwick Estates), the Principal of Banyan Creek Elementary School, and some parents to discuss an issue. Mr. Katz stated the first response he received from the City Manager was that "nothing happens overnight." Mr. Katz stated he met with the City Manager at Barwick Park a few months ago and they walked to Banyan Creek Elementary School behind the children so he could see the children walking with trucks and buses within two (2) feet from those children. Mr. Katz stated at that time the City Manager agreed that something temporarily needed to be put there and he indicated that it would be taken care of right away. However, Mr. Katz stated nothing was ever done. Mr. Katz stated one of the issues that Mr. Sierra brought up was that the sidewalk itself was deteriorating and lust this past week two little sections of the sidewalk was replaced. Mr. Katz stated if any construction or any type of curbing is going to be done he feels that the summer would be the ideal time to do this. 6.B.4. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, thanked the City Commission for the stop signs and traffic lights at the corner of Venetian Drive. Secondly, Mr. Warner thanked the City Commission for not allowing alcohol at the St. Patrick's Day events and events should be for the community not for businesses or special interests. 5 05/20/14 Mr. Warner stated the Community Redevelopment Agency(CRA)has lost touch with what is good for the community. Mr. Warner commented about the gateway to the city and stated at the last meeting the City Commission talked about accountability with the City Manager. Mr. Warner stated the CRA Director should be held accountable because he feels the CRA Board is not doing it. He feels there is something wrong when there is a $1 million spent for the gateway. Mr. Warner stated some of that money could have been put towards the Spady Museum and he encouraged the Commission to start conversations with the CRA. 6.11.5. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, commented about the Office of Inspector General (OIG) Report and asked how someone was able to take a photograph of the garbage carts that are in a City facility. 7. AGENDA APPROVAL. Mayor Glickstein stated the applicant requested postponement of Item 9.A. , Conditional Use Re uest/De of Scluare Apartments. In addition, the applicant requested that Item ILA., Ordinance No. 01-14, and Item 11.8., Ordinance No. 12-14. Acting City Manager Robert A. Barcinski stated there is a correction to the date to Item 9.C. Vice Mayor Petrolia moved to approve the Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein— Yes; Vice Mayor Petrolia — Yes; Mr. Frankel — Yes. Said motion passed with a 3 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. LANDSCAPE MAINTENANCE AGREEMENT/ST. GEORGE TOWNHOMES: Approve acceptance of a landscape maintenance agreement for off-site improvements along N.E. 7th Avenue for St. George Townhomes for the project associated with St. George Townhomes located at 1023 North Federal Highway. 8.11. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2IFINAL)/ ROSSO SITE DEVELOPMENT, INC.: Approve Contract Closeout (C.O. No. 2/Final) in the amount of $6,018.45 decrease and final payment in the amount of $6,973.19 to Rosso Site Development, Inc., for completion of the Osceola Alleys Phase II Project (Project No. 12-080). This item complies with Section 36.06(A)(2), "Change Orders", "Within the Scope of Work", of the City's Purchasing Code. Funding is available from 334-3162-651-65.85, (General Construction Fund: Repair and Maintenance Services, Building Maintenance) and 448-5461-538-65.85 (Storm Water Utility Fund: Other Improvements, Osceola Park). 8.C. PROCLAMATIONS: I 1. National Safe Boating Week—May 17-23, 2014 6 05/20/14 8.D. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 5, 2014 through May 16, 2014. 8.E. AWARD OF BIDS AND CONTRACTS: 1. None Mr. Frankel moved to approve the Consent Agenda, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia— Yes; Mr. Frankel—Yes; Mayor Glickstein—Yes. Said motion passed with a 3 to 0 vote. 9. REGULAR AGENDA: 9.A. THIS ITEM HAS BEEN POSTPONED TO A DATE CERTAIN OF JUNE 3,2014. 9.B. INTERNAL ADJUSTMENTS/SEAGATE YACHT CLUB TOWNHOUSE DEVELOPMENT: Consider two (2) internal adjustments from Land Development Regulations (LDR) Section 4.3.3 (0)(3)(C), "Townhouses and Townhouse Type of Development; Setbacks", reducing the separation between the two townhome buildings, and reducing the separation between the most northern townhome building and the Yacht Club building from the required 30' to 20' for the Seagate Yacht Club located at 110 MacFarlane Drive. (Quasi-Judicial Hearing) Mayor Glickstein read the City of Delray Beach Quasi-Judicial rules into the record for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk., swore in those individuals who wished to give testimony on this item. Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission stated they had no ex parte communications to disclose. Mark McDonnell, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file 42014-103 into the record. Mr. McDonnell stated this is the Seagate Yacht Club Townhouse Development and was before the Commission for the conditional use of the Yacht Club and is now before the Commission for the internal adjustments that were discussed at that previous meeting. The separation requirement for three-story buildings is 30 feet and they are proposing 20 feet between both areas. Mr. McDonnell stated the applicant has indicated that they have a significant amount of glass and are adjacent to the Intracoastal Waterway so they have extensive open space which allows for breezes and movement of air through the project. 7 05/20/14 At its meeting of April 23, 2014, the Site Plan Review and Appearance Board held a public hearing in conjunction with this request and the Board recommended approval the internal adjustments. Staff recommends approval. Richard Jones, Richard Jones Architecture, 10 S.E. 1st Avenue #A, Delray Beach, FL 33444, gave a brief presentation and stated there are three buildings I with separations between three-stories only and one-third the mass. Mr. Jones stated he is requesting a reduction from 30 feet to 20 feet between the buildings because it is located on the Intracoastal and there is ample air movement through the property and the units are designed at a very contemporary fashion with lots of glass for plenty of light to enter into the units. Mr. Jones displayed the aerials of the relationship of the site to the Seagate Towers. He stated this is a much better plan than what brought forth in 2006 and this was discussed by the Planning and Zoning Board, City Commission, and SPRAB. Mr. Jones urged the Commission to support. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the internal adjustments, to step forward at this time. There being no one who wished to address the Commission,the public comment was closed. There was no cross-examination or rebuttal. Vice Mayor Petrolia stated this is an internal issue and does not feel it is affecting anyone on the outside as much as it is the complex itself Therefore, Vice Mayor Petrolia stated she supports this change. i Mayor Glickstein stated he concurs with comments expressed by Vice Mayor Petrolia. Mr. Frankel moved to adopt the Board Order, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mayor Glickstein---Yes; Vice Mayor Petrolia Yes. Said motion passed with a 3 to 0 vote. 9.C. RESOLUTION NO. 24-14: Consider approval of Resolution No. 24-14 amending Resolution No. 44-13 adopted September 17, 2014, which made appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the FY 2013/2014, by setting forth the anticipated revenues and expenditures for the operating funds of the City for FY 201312014. The caption of Resolution No. 24-14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 44-13 ADOPTED SEPTEMBER 17, 2013 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2013/2014, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES 8 0S/20/14 FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 201312014; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 24-14 is on file in the City Clerk's office.) Jack Warner, Chief Financial Officer, stated this resolution is a statutorily document and noted that through a combination of increases in revenue and reductions in spending versus budget, staff has reduced slightly the amount of money that they had to take from reserves in order to balance the budget. Mr. Warner stated there is a bond refinancing built in that will save the City on a present value basis over ten (10) years over$800,000. Mayor Glickstein thanked staff for the concise summary. Vice Mayor Petrolia stated thanked staff for the responses to her questions. Mr. Frankel complimented staff for making it easier for the City Commission and stated it is a better approach. Mr. Frankel moved to approve Resolution No. 24-14, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia— Yes; Mr. Frankel — Yes. Said motion passed with a 3 to 0 vote. 9.D. AUTHORIZATION TO ENGAGE A CONSULTANT TO PREPARE PROCUREMENT DOCUMENTS: Consider authorization to engage RCG Consulting, Inc. to prepare procurement documents for garbage collection services inclusive of drafting competitive solicitation documents up through and including award of the contract for services with oversight to be provided by the City's Chief Financial Officer for a negotiated price not to exceed $25,400.00. This is in compliance with Ordinance No. 29-13 Section 36.02(C)(3), "Acquisition of Goods and Services and Disposal of City Property: Methods of Acquisition, Direct Acquisition Method, Professional Services". Funding is available from 433-3711-534-31.90 (Sanitation Fund: Professional Services/Other Professional Services). The Interim City Attorney stated on May 6, 2014, the City Commission gave direction to obtain information on as many different solid waste procurement consultants as possible and bring back a recommendation as to whom shall be selected to assist the City with the procurement process of drafting procurement documents up through the award of the contract with the solid waste collection service hauler. The following individuals/entities were contacted: (1) David Dee, Esq., Attorney with Gardner, Bist, Wiener, Wadsworth, Bowden, Bush, Dee, LaVia & Wright, P.A., (2) Bill Redman, Consultant with RGG Consulting, Inc., (3) Charlie Maccarrone, Chief Financial Officer of the Solid Waste Authority/Independent Consultant and (4) Mitch Kessler of 9 05/20/14 Kessler Consulting, Inc. Vice Mayor Petrolia stated the bid process needs to be as objective as possible. She stated that she feels uncomfortable with whoever the Commission chooses not to lead. Vice Mayor Petrolia stated from the experience from sitting on the dais and going through the procurement process on several occasions last year, she has a limited amount of confidence in having a selection committee at a local level. Vice Mayor Petrolia stated she feels this should be done through an outside source and would like to see this done properly so that the City does not have any issues with problems down the road. Mr. Frankel asked Mr. Warner to comment from his perspective. Mr. Warner stated he is comfortable with having the consultants lead or staff on the procurement. Mr. Warner stated there needs to be a staff person who is managing the consultant. Mr. Warner suggested that the consultants take the lead on this with Mr. Warner being the City's point person. Mayor Glickstein stated he believes the City has great staff but feels the process needs to be fixed and give staff the right tools to make that process work in the context of today rather than the context of when that process was put in place 20 years ago. Mayor Glickstein asked Mr. Warner to explain why he recommends RCG Consulting, Inc. In response, Mr. Warner stated it was a combination of expertise and independence. In addition, Mr. Warner stated there is enough geographic separation between Delray Beach and New Smyrna to make him comfortable that they do not have any ties in the background with any of the potential bidders. Mayor Glickstein commented that this is excess of $25,000.00. The Interim City Attorney stated this is why this item is before the City Commission and this would also be considered a professional service under Section 36.02(C)(3) of the Purchasing Code on the basis of that this is a niche market for consulting from a standpoint that each of the individuals that the City spoke with only consult in this field (i.e. solid waste consulting services). Vice Mayor Petrolia asked how a selection committee would be made up. Mr. Warner stated his understanding is that RCG will run the procurement from start to finish and will be the responsible party. Furthermore, Mr. Warner stated that his role will be to manage the contract with the consultant. Mayor Glickstein stated in terms of the scope of work he requested that it be circulated to all Department Heads. Mr. Frankel moved to approve that the City Commission hire RCG Consulting, Inc. to take the lead with regard to the procurement documents with Chief Financial Officer Jack Warner as the City's point person, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia— Yes; Mr. Frankel—Yes; Mayor Glickstein—Yes. Said motion passed with a 3 to 0 vote. 10 05/20/14 At this point, the time being 7:21 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 13-14: Consider approval to amend Chapter 118, "Solicitors and Peddlers and Distribution of Handbills", Section 118.01 "Definitions" to include definitions for panhandling and aggressive panhandling; Section 118.03 "Prohibited Acts Regarding Soliciting and Peddling", in order to designate prohibited areas for panhandling and to prohibit aggressive panhandling city-wide. The caption of Ordinance No. 13-14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 118, "SOLICITORS AND PEDDLERS AND DISTRIBUTION OF HANDBILLS", SECTION 118.01 "DEFINITIONS" TO INCLUDE DEFINITIONS FOR PANHANDLING AND AGGRESSIVE PANHANDLING; SECTION 118.03 "PROHIBITED ACTS REGARDING SOLICITING AND PEDDLING" IN ORDER TO DESIGNATE PROHIBITED AREAS FOR PANHANDLING AND TO PROHIBIT AGGRESSIVE PANHANDLING CITY- WIDE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 13-14 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Glickstein declared the public hearing open. April Hazamy, 812 S.E. Yd Avenue, Delray Beach, FL, speaking as both a resident and the Prouram Director of the Caring Kitchen of C.%O.S. Ministries, agrees that there should be an ordinance against panhandling. Ms. Hazamy stated at C.R.O.S. Ministries and the Caring Kitchen try to provide basic needs such as food, clothing, etc. to avoid people having to ask for those things on the street. She asked what consequences will be given out if one is caught panhandling. There being no one from the public who wished to address the Commission regarding Ordinance No. 13-14,the public hearing was closed. 11 05/20/14 Anthony Strianese, Police Chief, stated they welcome any partnership and assistance because they want to go through an education process and referrals (i.e. Caring Kitchen, etc.). Chief Strianese stated this would be an education process through social media and handouts then it would progress to verbal warnings, possible written warnings, and then the ultimate enforcement would be civil citations. He stated the Police have the ability to issue an NTA (Notice to Appear) which is an arrest. Chief Strianese stated in most cases if an individual is panhandling they are substantial need of funding and citations that come with a $50.00 fine would general go unpaid or only worsen somebody's condition so a referral is the best option. He stated this ordinance gives the City a more solid platform to make contact with individuals who are panhandling and gives the Police the authority to redirect them. Jeff Goldman, Assistant Police Chief, stated the Clean and Safe Unit downtown has one sergeant and six (6) officers and this has been increased it by a sergeant and added four additional officers and divided them up. Mr. Goldman stated they performed a study and are waiting for the results of the survey. He stated the increased presence allowed the Police Department to identify more people in the downtown area that should not have been there. Assistant Chief Goldman stated having someone come in early in the morning is beneficial and even though now the extra officers have gone back to patrol they were moved temporarily. He reiterated that once staff receives the final results of the survey he will present this to Chief Strianese and that is something he is going to address to Chief Strianese during the budget process of gathering more officers to address the issue. Mr. Frankel commended the Police Department for their efforts and presence downtown because he notices a significant improvement. Mr. Frankel stated he supports the ordinance. Vice Mayor Petrolia moved to adopt Ordinance No. 13-14 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel Yes; Mayor Glickstein— Yes; Vice Mayor Petrolia— Yes. Said motion passed with a 3 to 0 vote. 9.E. PURCHASE AWARD/MULTIPLE VENDORS: FSA CONTRACT NO. 13-11-0904: Consider approval of a purchase award to multiple vendors in the total amount of $111,560.00 for five (5)replacement vehicles per Florida Sheriff's Association Contract No. 13-11-0904; four (4) from GHC Motorsports in the amount of $36,613.00 and one (1) from Nortrax Equipment in the amount of $74,947.00. This recommendation is in compliance with Ordinance No. 29-13, Section 36.02(C)(7)(a), "Methods of Acquisition, Direct Acquisition Method, Utilization of Other Governmental Entities' Contracts, Non-Real Property". Funding is available from 501-3312-591.64-20 (Garage Fund: Machinery Equipment/Automotive). Robert A. Barcinski, Acting City Manager, stated this is for the annual purchase of vehicles/replacements due to age, wear and tear, excessive maintenance, or wrecks. Mr. Barcinski stated all three (3) contracts (Item 9.E., 9.F., and 9.G.)through the Sheriff's contract and vetted by the Chief Financial Officer as well as the Interim City 12 05/20/14 Attorney. Vice Mayor Petrolia commented about the five (5) replacement vehicles; three (3) of them were the ATV's used on the beach. Vice Mayor Petrolia asked about the other two (2) vehicles. Mr. Krejcarek stated one is Police related and the other one is to do with heavy equipment in the Environmental Services area. Mr. Frankel moved to approve the Purchase Award/Multiple Vendors FSA Contract No. 13-11-0904, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein—Yes; Vice Mayor Petrolia—Yes; Mr. Frankel—Yes. Said motion passed with a 3 to 0 vote. 9.F. PURCHASE AWARD/MULTIPLE VENDORS: FSA CONTRACT NO. 13-21-0904: Consider approval of a purchase award to multiple vendors in the total amount of $493,474.00 for twenty-two (22) vehicles; eight (8) vehicles from Don Reid Ford in the amount of$234,232.00; seven (7) vehicles from Hub City Ford in the amount of$123,023.00; two (2) vehicles from Duval Ford in the amount of$34,478.00; one (1) vehicle from Alan Jay Chevrolet in the amount of$21,329.00; and four (4) vehicles from Garber Chevrolet in the amount of $80,412.00. The outlined vehicle purchases being from the Florida Sheriff's Association (FSA) Contract No. 13-21-0904 is in compliance with Ordinance No. 29-13, Section 36.02, (C)(7)(a), "Utilization of Other Governmental Entities' Contracts", and Section 36.02(B)(6)(b), "Methods of Acquisition: Written Quotations Method, City Standard". Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery Equipment/Automotive). Vice Mayor Petrolia asked where the flood was in January 2014. Mr. Krejcarek stated this was an isolated rain storm in the western part of the city around Military Trail/Linton Boulevard area (19-22 inches of rain in 6 hours) and several of the Police vehicles were flooded. Vice Mayor Petrolia moved to approve Purchase Award/Multiple Vendors FSA Contract No. 13-21-0904, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Frankel — Yes; Mayor Glickstein — Yes. Said motion passed with a 3 to 0 vote. 9.G. PURCHASE AWARD/MULTIPLE VENDORS: Consider approval of a purchase award to Alan J. Chevrolet in the amount of $101,160.00 for three (3) Chevrolet Tahoe Police Pursuit Rated SUVs, to be outfitted as Police K-9 vehicles; the outlined vehicle purchases being from the Florida Sheriff's Association (FSA) Contract No. 13-21-0904. This recommendation is in compliance with Ordinance No. 29-13, Section 36.02(C)(7)(a), "Methods of Acquisition, Direct Acquisition Method, Utilization of Other Governmental Entities' Contracts, Non-Real Property". Funding is available from 501-3312-591-64,20 (Garage Fund: Machinery Equipment/Automotive). 13 05/20/14 Mr. Frankel moved to approve the Purchase Award to multiple vendors, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel—Yes; Mayor Glickstein-- Yes; Vice Mayor Petrolia—Yes. Said motion passed with a 3 to 0 vote. 9.11. NOMINATIONS FOR APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD. Nominate two (2) alternate members for appointment to the Green Implementation Advancement Board to serve unexpired terms ending July 31, 2015. Based on the rotation system, the nominations for appointment will be made by Commissioner Frankel (Seat#3) and Commissioner Jarjura (Seat#4). Mr. Frankel moved to approve to nominate Bruce Bastian to the Green Implementation Advancement Board as an alternate member to serve an un expired term ending July 31, 2015, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Frankel — Yes. Said motion passed with a 3 to 0 vote. At this point, the time being 7:33 p.m., the Commission moved to Item 11,First Readings. 11. FIRST READINGS: 11.A. THE APPLICANT HAS REQUESTED THAT THIS ITEM BE POSTPONED TO A DATE CERTAIN OF JUNE 3,2014. 11.13. THE APPLICANT HAS REQUESTED THAT THIS ITEM BE POSTPONED TO A DATE CERTAIN OF JUNE 3, 2.014. 11.C. ORDINANCE NO. 14-14: Consider an amendment to Chapter 101, "Parks, Beaches, and Recreation", by amending Section 101.37, "Shark Fishing", to prohibit shark fishing within three hundred feet (300') north and south of the Municipal Beach and within three hundred feet (300') north and south of Atlantic Dunes. If passed, a public hearing will be held on June 3, 2014. The caption of Ordinance No. 14-14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "PARKS, BEACHES, AND RECREATION", BY AMENDING SECTION 101.37, "SHARK FISHING", TO PROHIBIT SHARK FISHING WITHIN THREE HUNDRED FEET (300')NORTH AND SOUTH OF THE MUNICIPAL BEACH AND WITHIN THREE HUNDRED FEET (300) NORTH AND SOUTH OF ATLANTIC DUNES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN 14 05/20/14 I� I EFFECTIVE DATE. (The official copy of Ordinance No. 14-14 is on file in the City Clerk's office.) The Interim City Attorney read the caption of the ordinance and stated this ordinance is being proposed to prohibit shark fishing within 300 feet north and south of the City's municipal beach and Atlantic Dunes Park in order to create a safe swimming area and the regulations of saltwater fishing is granted to the State through Fish and Wild Life. Brief discussion between the Interim City Attorney and Mayor Glickstein followed. i Mr. Frankel asked if this is as expansive that the City can get. The Interim City Attorney stated this is the limits as far as the City can go with regulating it. Mayor Glickstein commented that this is a baiting issue and suggested that this be limited to surf casting as well. The Interim City Attorney stated the City is j limiting it to the fullest extent permitted by law without overstepping its bounds since the State does pre-empt the issue with regards to the municipal beach. The Interim City Attorney stated to the extent that fishermen are going to be leaving from the municipal beach can be addressed; however, once they are out in the water it is more difficult to enforce. i The Interim City Attorney stated the majority of the places that have been successful in enforcing regulations have been limiting it to the public swimming areas as is being done here. She stated beyond that it is questionable whether or not it is legal. The Interim City Attorney briefly discussed language with regards to the removal of shark carcasses. Mr. Frankel moved to approve Ordinance No. 14-14 on FIRST Reading, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel— Yes; Mayor Glickstein—Yes; Vice Mayor Petrolia— Yes. Said motion passed with a 3 to 0 vote. i 11.D. ORDINANCE NO. 16-14: Consider approval to correct a scrivener's error within the legal description of Ordinance No. 19-94, pertaining to the annexation of the former Delray Swap Shop, located at 2001 North Federal Highway. If passed, a public hearing will be held on June 3, 2014. The caption of Ordinance No. 16-14 is as follows: AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 19-94 TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL 15 05/20/14 i I DESCRIPTION OF THE LAND ANNEXED INTO THE CITY LOCATED AT 2001 NORTH FEDERAL HIGHWAY AND BEING MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 16-14 is on file in the City Clerk's office.) The Interim City Attorney read the caption of the ordinance and stated this pertains to the Swap Shop. Mr. Frankel moved to approve Ordinance No. 16-14 on FIRST Reading, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows. Mr. Frankel—Yes; Mayor Glickstein—Yes; Vice Mayor Petrolia—Yes. Said motion passed with a 3 to 0 vote. 11.E. ORDINANCE NO. 15-14: Consider approval to correct a scrivener's error within the legal description of Ordinance No. 18-94, pertaining to the annexation of 2101 North Federal Highway. If passed, a public hearing will be held on June 3, 2014. The caption of Ordinance No. 15-14 is as follows: AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 18-94 TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION O F THE L AND A NNEXED INTO THE CITY LOCATED AT 2101 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15-14 is on file in the City Clerk's office.) The Interim City Attorney read the caption of the ordinance. Mark McDonnell, AICP, Director of Planning and Zoning, stated this property is north of the Swap Shop and was discovered by staff when the applicant found the error on their subject property. i 16 05/20114 i i Vice Mayor Petrolia moved to approve Ordinance No. 15-14 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Frankel — Yes. Said motion passed with a 3 to 0 vote. II.F. ORDINANCE NO. 18-14: Consider an amendment to Chapter 110, "Local Business Taxes Generally", of the Code of Ordinances by amending Section 110.15, "Local Business Tax Schedule", to eliminate outdated business classifications and to provide for an increase in the local business tax schedule. If passed, a public hearing will be held on June 3, 2014. The caption of Ordinance No. 18-14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "LOCAL BUSINESS TAXES GENERALLY", OF THE CODE OF ORDINANCES BY AMENDING SECTION 110.15, "LOCAL BUSINESS TAX SCHEDULE", TO ELIMINATE OUTDATED BUSINESS CLASSIFICATIONS AND TO PROVIDE FOR AN INCREASE IN THE LOCAL BUSINESS TAX SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 18-14 is on file in the City Clerk's office.) The Interim City Attorney read the caption of the ordinance. i Lula Butler, Director of Community Improvement, stated Florida State Statute Chapter 205 gives the City the ability to increase the business tax receipts every other year and the last time this was approved by the City Commission was 2012. The ordinance modifies Section 110.15 by increasing all local taxes by 5%. Over the next year, Ms. Butler stated the increase would give the City approximately $35,000 in additional revenue. Mayor Glickstein stated the City is actually increasing this 2.5%per year. Vice Mayor Petrolia commented about the survey. Mr. Frankel moved to approve Ordinance No. 18-14 on FIRST Reading, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Frankel — Yes; Mayor Glickstein — Yes. Said motion passed with a 3 to 0 vote. i 17 05/20/14 I 12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 12.A. City Manager Robert Barcinski, Acting City Manager, stated with regard to the George Bush Bridge opening at will the City has contacted the Coast Guard and they will study the bridge for the timing of the opening and closing_ Secondly, the Acting City Manager stated the City is responsible for all exterior landscaping and irrigation maintenance, fence maintenance, and parking lot maintenance, lighting, exterior building, roof, and A/C for the Spady Museum as well as Old School Square and Cason Cottage. With regard to the Soccer Complex and the closed parking lot, the Acting City Manager stated Suzanne Davis, Parks and Recreation Director is working on this and in particular concern is the teachers' parking lot which also has access to other parts of Plumosa Elementary School. He stated the Palm Beach County School system has issues with closing this lot for general use but the City will continue discussions with them to see what can be worked out. The Acting City Manager commented about the Office of Inspector General (OIG) Report response and asked who should be signing off. Mayor Glickstein stated he will leave this decision up to Ms. Pyburn, Interim City Attorney. The Acting City Manager stated he is waiting for paperwork to clear so that the Human Resources Director can hire a City Engineer and other staff positions are being worked on. Lastly, Barcinski stated he has forwarded the schedule to the City Y Commission for the City Attorney interviews. 12.13. City Attorney The Interim City Attorney stated the applicant has requested that Item 9.A., Conditional Use Request/Depot Square Apartments, Item 11.A., Ordinance No. 01-14, and Item 11.B., Ordinance No. 12-14 need to be postponed to a date certain of June 3, 2014. 12.C. City Commission 12.C.1. Mr. Frankel Mr. Frankel stated earlier in the meeting Representative Bill Hager commented about the "e-cigarettes''. Mr. Frankel asked the City Attorney if it is in the City's purview to regulate that area. Mr. Frankel stated he has noticed in the restaurants and office buildings where these are located people are smoking them. Mr. Frankel 18 05/20/14 i I II stated there is an odor and second hand smoke. Mr. Frankel asked that the Interim City Attorney look into this and bring back to the City Commission. Secondly, Mr. Frankel stated he has received some information that the City's lifeguards are the lowest paid compared to other municipalities. The Acting City Manager stated this has to be addressed in the budget- process. Mayor Glickstein commented about this and stated the City promotes itself as having world class beaches, parks, and other assets but we are not doing the heavy lifting in terms of maintaining these and a big part are people. Mayor Glickstein stated he would like to see that come back very quickly. Furthermore, Mayor Glickstein stated we do not have to be the top; however, Delray Beach has to be competitive. 12.C.3. Vice Mayor Petrolia Vice Mayor Petrolia stated she spoke to Shadywoods Homeowners' Association last night and they have an issue with their streets and it is time for some resurfacing. She asked that Randal Krejcarek, Director of Environmental Services, look into this issue for a solution. Secondly, Vice Mayor Petrolia stated the garbage dumpsters behind Big Lots are overflowing. Lastly, Vice Mayor Petrolia stated it has come to her attention that there is a true level of fear from the'employees. Vice Mayor Petrolia read a brief statement into the record and stated if an employee is doing a good job in the confines of the rules and laws set forth by the local and state regulations, then employees should not fear their job. Vice Mayor Petrolia stated the City Commission is trying to do the best that they can in policy making and a lot of changes have come as a result of it and fear may be part of that. 12.C.4. Mayor Glickstein Mayor Glickstein stated there are great people working for this city and he feels it is the Commission's job to give Department Heads and through them their employees best practices which enable the City to compensate employees which is the best way to show how much you appreciate them in competitive ways. Mayor Glickstein stated he believes if you improve the quality of life of your employees through both compensation and a great work environment, that they are going to be happier and perform better and the City is going to have the means by which to compensate them in a way that keeps a very positive cycle as opposed to a very negative cycle. Mayor Glickstein stated the change in the end he believes is going to be positive for the City at large. There being no further business, Mayor Glickstein declared the meeting adjourned at 8:00 p.m. 19 05/20/14 City Clerk ATTEST: i AYOR i 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 May 20, 2014, which Minutes were formally approved and adopted by the City V Commission on July 15, 2014. City Clerk i 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. 20 05/20/14 i IN THE CITY COMMISSION CHAMBERS OF THE CITY OF aELRAY BEACH., FLORIDA INTERNAL ADJUSTMENT REQUESTS FOR SEAGATE YACHT CLUB TOWNHOUSE DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH„FLORIDA The internal adjustment requests for the Seagate Yacht Club Townhouse _ Development came before the City Commission on May 20, 2014_ 2. The Applicant-and City staff presented documentary evidence and testimony to the City Commission pertaining to the internal adjustment requests for Seagate Yacht Club Townhouse Development. All of the evidence is a part of the record in this'case. I. Internal Adjustment: Pursuant to LDR Section 2.4.7(C)(5), prior to granting an internal adjustment, the approving body shall make a finding that the granting of the internal adjustment does not diminish the practical application of the affected regulation and that by granting such relief, a superior development product will result: A. Pursuant to LDR Section; 4.3.3(0)(3)(c), setbacks interior to the project with respect to side and reamlat lines -shall not be observed; but in-lieu thereof, structures (dwelling unit groups) shall not be located closer than twenty-five_feet 25' for a. two-sto ry structure nor tli feet 30' for a three sto or greater, structure. The :distance required between the two townhome buildings is 3'0' while 20' is being provided. The applicant has submitted the following verbatim narrative in support of the internal adjustment: "The site layout provides (2) locations for 20. separations between buildings: We feel this is adequate given the.nature of the Architectural Style. in which there is a significant amount of glass being proposed for these units. This abundance of glass allows for ample natural light to Penetrate the units. Also, given the nature of the project location on the infra-coastal waterway, there is a significant adjacent open. space water body to the west,which dramatically increases air movement between the buildings". Regular Meeting May 20,2014,Item 9.13 i i i j Should the internal adjustment reducing the separation i5ip een the two townhorne, buildings from the required 30' to the proposed 20' be granted? Yes a! No B. Similar to A. above, the required distance between-the Yacht Club building and the most northern toWhhome building is 30' and 20' is being provided. The applicant has requested an internal adjustment to this [.DR requirement. Should the internal adiustment. reducing separation between the most northern townhome building and the Yacht Club from the required 30' to -._ the proposed 20' be granted? Yes No: 3._ The C{ty 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 We record including but not limited to the staff reports, testimony of experts and other cornpatent witnesses whichsupports the findings setforth in this Order.. 5. used on the entire record before it, the City Commission approves denies the internal adiiastroi mt requests and l ereby adopts this Order this 20th day of May, 2014. by a vote of 3 in favor and 0 oppose ATTE 8,F:-�,• 7CartW Glickstein, Mayor Gheie{to ilttla�r;, Gi#yb'C]err_• } ,. a e" ryry 2 Regular Meeting May 20,2014,Item.9.13