08-19-14 Regular Meeting Minutes �I
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AUGUST 19, 201
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at
City Hall at 6:00 p.m., Tuesday, August 19,2014. j
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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- Terry Stewart, Interim City Manager
Noel Pfeffer, City Attorney
Chevelle D.Nubin, City Clerk
2. The opening prayer was delivered by Chaplain Anthony Cuseo.
At this point, Mayor Glickstein recognized the Pompey Park Aquanauts
and volunteers Justin Walton and Samantha Horn with Delray Ocean Rescue, Meghan
Walton (on leave from the U.S. Air Force), Albert Guerrazzi, Jill Auxier, Colleen Auxier
and Jon Kempton who gave of their free time to explore the natural environment and
habitat of local wildlife in Lake Ida with Pompey Park Aquanauts where several children
for the first time did some open water kayaking, standup paddle boarding and boating.
Mayor Glickstein thanked the Town of Palm Beach United Way for providing support for
this adventure. In addition, Mayor Glickstein recognized and thanked the Chamber of
Commerce for their organization and support of the Education Breakfast which is
appreciated by school Principals and teachers. Furthermore, Mayor Glickstein
acknowledged the Chamber's Education Committee for meeting this Saturday with a
group of dedicated residents and business owners focused on improving our schools
which sends a very strong message to our teachers and school district officials how
engaged and serious the City is about promoting higher education in Delray and
supporting Delray schools.
At this point, Mayor Glickstein introduced Dr. Ian Saltzman, Area
Superintendent for the Palm Beach County School District.
3. The Pledge of Allegiance to the flag of the United States of America was
given
4. APPROVAL OF MINUTES:
None.
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5. RESOLUTION NO. 39-14: Approve Resolution No. 39-14 recognizing
and commending Donna Quinlan, Community Improvement Coordinator, for 30 years of
dedicated service to the City of Delray Beach.
The caption of Resolution No. 39-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING DONNA QUINLAN FOR
THIRTY YEARS OF SERVICE TO THE CITY OF
DELRAY BEACH.
(The official copy of Resolution No. 39-14 is on file in the City Clerk's
office.)
Mayor Glickstein moved to approve Resolution No. 39-14, seconded by
Mr. Frankel. Upon roil 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.
Donna Quinlan came forward to accept the resolution and gave a few brief
comments.
Lula Butler, Director of Community Improvement, came forward and
gave a few brief comments. j
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 Commissioner Frankel's previous concern regarding the
Wic project, the Interim City Manager stated the Planning and Zoning staff met with
representatives from the iPic team and the Community Redevet pment_Aa ncy_(C RA�op
August 14, 2014. The Interim City Manager stated there is a number of design issues
with the project in particular the abandonment of the northern portion'of the north/south
alleyway. The Planning and Zoning staff has offered some potential solutions regarding
the alleyway and other circulation issues and is expecting to hear back from the iPic team
this week. The Planning and Zoning staff is also scheduling a meeting with the Interim
City Manager to brief him on what is happening with the site.
Secondly, with regard to a concern expressed by Deputy Vice Mayor
Jarjura about Human Powered Delray (HPD) regarding increasing awareness of Delray's
alleyways as essential resources in town including the need to improve and maintain
them, the Interim City Manager stated HPD has a particular interest in the alleyways
serving as bicycle and pedestrian pathways as well. During the tour the notion of creating
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a simple package to assist neighborhoods in improving their alleyways was discussed.
The package might include key contacts within the city and information on city
assistance with such projects. The Interim City Manager stated staff will discuss and
coordinate with Community Improvement to see what assistance is already available and
how to further help neighborhoods improve their alleyways.
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With regard to an inquiry expressed by Mayor Glickstein about obtaining
more information on moving the City's Fire dispatch to the County, the Interim City
Manager stated a meeting was held on August 6, 2014 at the Palm Beach County Fire-
Rescue (PBCFR) Headquarters to discuss the potential transfer of the dispatch with the
fire. The Interim City Manager stated they wanted to know if this was a preliminary fact
gathering meeting or whether or not we were moving forward at this time. In his opinion,
the Interim City Manager stated it is in their best interest to make this move and the taxes
that everyone pays are already paying for the service. He stated when this is done in-
house the service is duplicated. The Interim City Manager stated changing over to the
County will not be a dollar-for-dollar savings; however, it will incur some savings and
provide added benefits as far as communications is concerned. The Interim City
Manager stated there are several issues that need to be further analyzed including
response areas, maintaining communication capabilities with the Police Department.
With regard to Commissioner Frankel's requested an update regarding
establishing a designated taxi area for taxis in the downtown, the Interim City Manager
stated the City has identified three locations identified in the January Workshop which
will be established within 60 days. The proposed stand on East Atlantic Avenue east of
the Intracoastal Waterway will be established once approval is given by'FDOT.
With regard to a suggestion made by Deputy Vice Mayor Jarjura about
getting involved in "Spotlight on Education" again by doing a blast email which
highlights the student and teacher of the month. The Interim City Manager stated Lula
Butler and Janet Meeks had a meeting and staff will be getting ready to gear that up
again.
With regard to previous questions raised about All Aboard Florida, the
Interim City Manager stated he will forward a fact sheet that he will be emailing to the
Commission tomorrow morning and there is also an upcoming Workshop that those
people from All Aboard Florida will be coming in providing the City with information.
Lastly, the Interim.City Manager stated it was a pleasure to sit down with
Mayor Glickstein and Deputy Vice Mayor Jar ura in a meeting with the Village Elders
who were concerned about the process for promotions within the Police Department. The
Interim City Manager stated Mr. Javaro Sims has been promoted to Assistant Police
Chief The Interim City Manager stated he would like everyone to understand that Mr.
Sims earned this entirely on his own initiative, ability, intelligence, and capability and he
is an excellent selection.
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6.B. From the Public.
6.B.1. Yvonne Odom, 3905 Lowson Boulevard, Delray Beach, FL 33445,
introduced new Area Superintendent Dr. Ian Saltzman.
Area Superintendent Mr. Ian Saltzman stated his mentor was Yvonne
Odom and noted it is a pleasure to serve the Delray Beach community. Mr. Saltzman
stated that leadership makes great schools and readers make great leaders. He stated he
was a principal for 15 years they were designated to be an"F" school and they went to a
"B" or an "A'. This is his 26th year and the best place he has ever worked has been
Delray Beach. Mr. Saltzman thanked the entire City Commission.
6.B.2. Steve Blum, 115 Venetian Drive, Delray Beach, FL 33843, stated
Attorney General Eric Holder is going to be giving a report to the President about the
National Guard, State Police and Police Department in Ferguson, Missouri, and about the
leadership in Ferguson. Mr. Blum stated a situation like this has been happening for
years and the civic leaders in Ferguson have gone all wrong. Mr. Blum commented
about Jerrod Miller who was killed by a Delray Beach Police Officer and Delray Beach
did not have any of the problems that Ferguson is having. Mr. Blum commended the
City of Delray Beach for working as a white and black community together for years and
applauds the City for the effort that has been put forth in the 20 years he has lived here.
6.B.3. Pastor Chris Bolden, Pastor of the House of God Church, 329 S.W.
5FF enue, Delray Beach, FL 33445, thanked Mr. Stewart, Mayor Glickstein, Deputy
Vice Mayor Jar3ura, and Vice Mayor Petrolia for attending a meeting of the Village
Elders; as well as members of WARC and the Northwest/Southwest Coalition to discuss
the Police hiring process and he believes it was done respective of the peoples talents.
Pastor Bolden stated he believes that if they continue to work together in this manner that
they can help with a lot of things if they have a great partnership. Pastor Bolden invited
the City Commission to come back and sit with the Village Elders and other parts of the
community.
Dr. Josh S ithw-3616 Avenue De Dien >7el a > e�eh 3 4
commented about the Planning and Zoning Board and he expressed concern over the lack
of gender and ethnic diversity that is being reflected in the composition of this board (this
is not to impugn the integrity nor the character of present members of the Planning and
Zoning Board). Dr. Smith urged the City Commission to be cognizant of the city boards'
diversity considering the vast population of the make-up of our city. Dr. Smith stated he
feels there are many women and ethnic minorities in the community who would be
willing to serve if they were given the encouragement and the opportunity to serve. He
stated it seems feasible that the composition of city boards in general, specifically the
Planning and Zoning Board, should be composed of individuals who mirror the make-up
of our city. Dr. Smith urged the City Commission to consider developing a plan designed
to ensure both gender and ethnic diversity within all city boards.
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6.B.5. Brian Rosen, 106 N.E. 16 to Street, Delray Beach, FL 33444, speaking
on behalf of the Executive Board Member on the Arts Garage; also on Pineapple
Arts District and the Parkin Management Advisory Board stated the Arts Garage
produced a five-play season, won the Impact 100 which they received $100,000 towards
educational initiatives for kids in this area, $340,000 allocated and they received
$100,000, they have 35 scholarship for kids learning arts, culture, music, and theatre,
serving 600 underprivileged children for these programs they produce, participating in
the theatre education program where they partnered with five (5) Palm Beach County
public schools providing multi-disciplinary theatre art program (1,200 students a year;
600 per semester grades 4-12) and these schools include: Tomorrow's Promise
Community School, Plumosa School of the Arts, S.D. Spady Elementary School,
Boynton Beach High School, and G-Star School of the Performing Arts. Mr. Rosen
stated they also have a performing arts academy for children and youth and an after
school program where they have over 300 participants involved and 50 of those kids are
on awarded scholarships. He stated this year they have had over 100 musical concerts,
over 100 theatre performances, earned over $750,000 in ticket revenues, and according to
the credit card swipes over 30,000 have come to Delray Beach to see their performances
and participate in their classes this year.
6.B.6. Steve Michael, 909 McCleary Street, Delray Beach, FL 33483, Vice
President of the Executive Board for the Arts Garage, stated the Creative City
Collaborative City (CCC), stated the Arts Garage has a fundraising target and they do
intend to meet it.
6.13.7. Charlotte Pelton, President of Charlotte Pelton & Associates, 4440
PGA Boulevard, Suite 4600, Palm Beach Gardens, FL 33410, Consulting Firm,
stated she opened her first consulting firm in 1995 and her first campaign was the Palm
Beach Zoo and they were able to raise $25 million to redevelop the zoo. Ms. Pelton
stated they work in three (3) areas: Planning, Marketing, and Resource Development.
Ms. Pelton stated they are currently working with the Cultural Council in Lake Worth,
the Morakami, develop the strategic plan for Old School Square and suggested the name
change.
6.B.8. Alyona Ushe, Executive Director of the Arts Garage, 180 N.E. 1"
Street, Delray Beach, FL 33444, briefly discussed the funding for the Arts Garage and
explained how the funds are being spent and their expansion into Pompano. Ms. Ushe
stated the organization has gone through a lot of transformation and they preposition
themselves to be a cultural player in the region. She feels it is extremely important to
them to build a reputation to show the entire community outside of Delray Beach how
much they are doing so they can bring additional funds into the city. Ms. Ushe stated
Arts Garage recently hired Ted Barken (formerly with Jazz Lincoln Center) to do their
program here in Delray Beach whereas they maybe would not have been able to do had
they not expanded and shared the overhead expenses with other municipalities. She
stated this way the Arts Garage gets more marketing and support and they can apply for
foundation dollars. She stated their organization is only 31/2 years old. Ms. Ushe stated
the programming in Pompano is extremely different and the funds are completely
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separate. She stated every penny they receive in support from the city goes only to
programming not administrative costs for the Arts Garage and what they do here outside
the Arts Garage in Delray Beach.
6.B.9. Frank McCluskey, 255 N.E. 3rd Avenue, Apt. 4402 Delray Beach, FL
33444, invited the public to a meeting on Saturday at 9:00 a.m. at the Delray Beach
Public Library for discussion on the Florida "Not" All Aboard. Mr. McCluskey
commended the City Commission for their openness and dialogue with him.
6.B.10. Dorothy Lee, member of the C.E.R.T. (Community Emergency
Response Team) for Delray Beach, a Lieutenant and board member for her
neighborhood as well, stated she has put together packets for her community and made
teams. Ms. Lee stated the program is remarkable and feels it should be funded. She
supports making the community aware of the C.E.R.T. program and how she can help the
Fire-Rescue Department and the community.
6.B.11. Jov Howell, 342 N.E. 7t" Avenue, Delray Beach, FL 33483 (former
Commissioner in another town and served as a volunteer for 15 years in community
plannine'capacity), she applauds the Commission for all their hard work and feels the
diversity on the City Commission is terrific and she would like to see this promoted with
all the city boards and commissions. In her opinion, Ms. Howell stated it makes the jobs
of the Commission so much easier when they have that diversity of viewpoint and
information coming back from those people at the front end because when the
recommendations come to the Commission does not have to try to decipher whether they
will get community input into this.
6.B.12. Mitchell Katz 4569 Danson Wa y,Delra Beach FL 33445 thanked the
City Commission for attending the Education Breakfast and stated that one of the School
Board candidates was present. Mr. Katz stated it was a very good event.
Secondly, Mr. Katz stated the Mayor's campaign "Get to Your Seat on
Time"and encouraged everyone to get their children to school on time.
atz stated on—Thursday, August -t at 6:00 p.m. "Gn thve' event
the Education Board is going to be doing musical chairs game and the kids that can get to
their seat on time will win a prize.
Mr. Katz stated he does not understand why the Arts Garage is being
brought up again and to find out if the Arts Garage has missed any financial obligations
to the City. He stated the Arts Garage is doing a great job for the community.
Lastly, Mr. Katz thanked the City Commission for everything they do.
6.13.13. Ari Whiteman, 5091 Washington Road, Delray Beach, FL 33484,
stated at the last City Commission meeting Dr. Victor Kirson commented about giving up
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the tennis center and selling it for a profit. Mr. Whiteman suggested that the City start
some dialogue between the DDA and CRA and see if they can start to market the tennis
center and turn this into a profit rather than it being a financial drain on the city.
Secondly, Mr. Whiteman suggested that rather than continue to look for a
new City Manager that the City retains Mr. Stewart as a permanent City Manager.
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6.B.14. Andy- Katz, 220 South Ocean Boulevard, Delrav Beach, FL 33483
s eaking on behalf_of the Beach Property Owners' Board of Trustees), stated in
April 2014 the City Commission received letters from the BPOA's Vice President Bob
Currie and President Bob Victorin regarding CRA boundaries. Mr. Katz stated they
requested that the City investigate if the eastern end of the CRA boundary can be
expanded to include the public sidewalk and the public beach. Mr. Katz stated the
current boundary ends on the west side of A-1-A and nearly the entire area defined for
improvements in the Beach Area Master Plan is thus not covered in the CRA. Mr. Katz
stated beach area is the single largest economic generator for the entire city not just the
east side of town. He stated in 2012 the beach area contributed $1.7 million to the CRA
budget and could rise to $2 million per year; parking collections in the beach area add
another $1.2 million. Mr. Katz stated in March 2014 the new beach pavilion was
inaugurated with the help of private contributions and City funds and many other
improvements sought by the City residents as defined in the Beach Area Master Plan. He
stated the CRA greatly benefits from these improvements and the CRA needs to be a part
of this process of improving the beach area.
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6.11.15. Pauline Moody, 609 S.W. 81" Avenue, Delray Beach, FL 33444, gave a
few brief comments about the Police Department.
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6.B.16. Christina Morrison, 2809 Florida Boulevard 9207, Delray Beach, FL
33483, stated at the July 15, 2014 City Commission meeting Agenda Item 10.C.,
Amendment to the Development Agreement and Purchase and Sale Agreement/Catanery
Row, LLC. and a piece of property that Cannery Row was going make into a little grass
area on the corner of 2nd and 3`d and this grass area is surrounded by a huge development
that is right to the street and feels it would be nice to have a grass area. Ms. Morrison
stated it is important to the neighborhood that they have some green space in that corner.
She urged the City Commission to place this item back on an upcoming Agenda.
6.11.17. Cecilia Boone,239 N.E. I't Avenue,Delray Beach, FL 33444 Banker's
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Row echoed comments expressed by Ms. Morrison regarding the green space and urged
the Commission to place the Cannery Row item back on the Agenda.
7. AGENDA APPROVAL.
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The Interim City Manager noted the addition of Item 9.C., Amendment
to the Grant Award/Department of Homeland Security: Staffing for Adequate Fire
and Emergency Response(SAFER)by addendum.
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Also, the Interim City Manager stated staff requests to remove Item
8.N.L.,Bid Award to All Phase Roofing & Construction,Inc.
Mayor Glickstein stated staff requests to remove Item 10.C., Resolution
34-14/Contract for Sale and Purchase: 513 S.W. 151h Avenues and Item 10.D.,
Resolution No.36-14/Contract for Sale and Purchase: 232 NW. 8 Avenue.
Vice Mayor Petrolia requested that Item 8.A., Ratification of South
Central Reeional Wastewater Treatment and Disposal Board Actions be moved to
the Regular Agenda as Item 9.A.A.
Mr. Frankel moved to approve the Agenda as amended, 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.
8. CONSENT AGENDA: City Manager Recommends Approval.
S.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
B.B. CONTRACT CLOSEOUT CHANGE ORDER NO. ININAL
COASTAL CONTRACTING_ & DEVELOPMENT, INC.: Approve Contract
Closeout (Change Order No. 1/Final) in the amount of $9,067.66 decrease and final
payment in the amount of$2,467.74 to Coastal Contracting & Development, Inc. for
completion of the Sidewalks FY 2013 Project No. 13-071. This is in compliance with
Code of Ordinances, Chapter 36, Section 36.06 (A)(2), "Change Orders; Within the
Scope of Work".
S.C. INCREASE SPENDING LIMIT/MASTER AUTO BODY: Approve
an increase to the spending limit for Master Auto Body to $35,000.00 for repairs to the
City's vehicles. This purchase award is in compliance with Code of Ordinances, Chapter
36, Section 36.03 (B), "Multiple Acquisitions From Vendor Exceeding Twenty-Five
Thousand Dollars ($25,000.00) in Any Fiscal Year". Funding is available from 501-
3311-59 =5152-(Garage-Fund:-Operating-Sapplies�—Outside-Se ice .
8.D. RETROACTIVE APPROVAL OF PRIOR PURCHASE
/MACMILLAN OIL COMPANY: Approve retroactively, an expenditure limit of
$1,450,000.00 with Macmillan Oil Company for the purchase of bulk fuel for City of
Delray Beach vehicles and equipment. This is in compliance with Code of Ordinances,
Chapter 36, Section 36.02 (C)(7), "Utilization of Other Governmental Entities'
Contracts". Funding is available from 501-3311-591-52.51 (Garage Fund: Operating
Supplies/C G Inventory Fuel).
B.E. RETROACTIVE APPROVAL OF PRIOR PURCHASES/BOCA
RATON SMALL ENGINES, INC.: Approve retroactively, an expenditure limit of
$30,000.00 with Boca Raton Small Engines, Inc. for the purchase of lawn equipment and
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repair kits. This is in compliance with Code of Ordinances, Chapter 36, Section 36.03
(B), "Multiple Acquisitions from Vendors Exceeding $25,000.00 in any Fiscal Year".
Funding is available from multiple accounts.
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S.F. RESOLUTION NO. 38-14: Approve Resolution No. 38-14; supporting
establishing a regulatory structure for the recovery residence industry; urging the Florida
and National League of Cities to support efforts by state and local governments to
regulate recovery residences; urging Congress to enact legislation regarding recovery
residences to protect the health, safety and welfare or the residents of local communities.
The caption of Resolution No. 38-14 is as follows:
A RESOLUTION.OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, SUPPORTING
ESTABLISHING A REGULATORY STRUCTURE FOR
THE RECOVERY RESIDENCE INDUSTRY; URGING
THE FLORIDA AND NATIONAL LEAGUE OF CITIES
TO SUPPORT EFFORTS BY STATE AND LOCAL
GOVERNMENTS TO REGULATE RECOVERY
RESIDENCES; URGING CONGRESS TO ENACT
LEGISLATION REGARDING RECOVERY
RESIDENCES TO PROTECT THE HEALTH, SAFETY
AND WELFARE OF THE RESIDENTS OF LOCAL
COMMUNITIES; PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 38-14 is on file in the City Clerk's
office.)
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8.G. RESOLUTION NO. 37-141WATER CONSERVATION HOTEL AND
MOTEL PROGRAM: Approve Resolution No. 37-14; authorizing the City to partner
with the South Florida Water Management District in implementing the Water
Conservation Hotel and Motel Program(Water CHAMP).
The caption of Resolution No. 37-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO ENTER INTO A
PARTNERSHIP WITH THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT TO PARTICIPATE IN THE
WATER CONSERVATION HOTEL AND MOTEL
PROGRAM (WATER CHAMP) FOR CITY HOTELS
AND MOTELS FOR TWO YEARS; PROVIDING AN
EFFECTIVE DATE.
(The official copy of Resolution No. 37-14 is on file in the City Clerk's
office.)
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S.H. RESOLUTION NO. 35-14/BEACH RENOURISHMENT PROJECT:
Approve Resolution No. 35-14; to support the funding commitment of the Delray Beach
Reno urishment Project.
The caption of Resolution No. 35-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA; PROVIDING
ITS SUPPORT FOR THE CITY OF DELRAY BEACH
RENOURISHMENT PROJECT; PROVIDING FOR ITS
ONGOING FUNDING COMMITMENT TO PROVIDE
FOR THE LOCAL MATCH; AND PROVIDING FOR AN
EFFECTIVE DATE.
(The official copy of Resolution No. 3514 is on file in the City Clerk's
office.)
S.I. CHANGE ORDER NO. 1 AND WAIVER TO THE HOUSING
REHABILITATION GRANT AWARD 1130 S.W. 5'H AVENUE: Approve Change
Order No. 1 to Built Solid Construction in the amount of$12,744.00 and request to waive
the $37,000.00 maximum grant award established for housing rehabilitation projects
under the Neighborhood Services Division's approved Policies and Procedures for the
property located at 130 S.W. 5'�' Avenue. This is in compliance with Code of Ordinances,
Chapter 36, Section 36.02 (A)(1), "Sealed Competitive Method" and Section 36.06
(A)(1)� "Change Orders". Funding is available from 118-1963-554-49.19 (Neighborhood
Services: Other Current Charges/Housing Charges/Housing Rehabilitation).
B.J. GRANT AWARD/EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAG): Approve and accept the FY 2014 Recovery Act
Edward Byrne Memorial Justice Assistance Grant (JAG) award in the amount of
$40,770.00 which will provide funding to support the Holiday Robbery Task Force.
S.K. ANNUAL MAINTENANCE AGREEMENT/SELECTRON
TECHNOLOGIES: Approve an Annual Maintenance Software Agreement with
Selectron Technologies, Inc., in the amount of $25,535.00 for continued support of the
interactive voice response for continued support of the City's website and interactive
voice response system to pay for permits and utility bills. This is in compliance with
Code of Ordinances, Chapter 36, Section 36.02 (C)(6)(a), "Sole Source". Funding is
available from 001-1811-513-46.20 (General Fund: Repair & Maintenance
Services/Equipment Maintenance), 001-2721-524-46.90 (General Fund: Repair &
Maintenance Services/Other Repair/Maintenance Costs) and 441-5112-536-46.90 (Water
and Sewer Fund: Repair and Maintenance Service/Other Repair/Maintenance Cost).
S.L. PROCLAMATIONS:
1. South Atlantic Karate Association—August 22-24, 2014
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S.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period July 28, 2014 through August 8, 2014.
8.N. AWARD OF BIDS AND CONTRACTS:
1. Bid award to All Phase Roofing & Construction, Inc. in the
amount of$249,665.00 for roof repairs at Pompey Park (Bid No.
2014-12). This bid award is in compliance with Code of
Ordinances, Chapter 36, Section 36.02 (A) (1), "Sealed
Competitive Method; Competitive Bids". Funding is available
from 334-4127-572-62.10 (General Construction Fund: Buildings).
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: 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. REGULAR AGENDA:
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9.A.A. RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve
and ratify the actions of the South Central Regional Wastewater Treatment and Disposal
Board at their Quarterly Annual Meeting of July 17, 2014.
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Vice Mayor Petrolia inquired about the salaries for the Chief of
Operations and Chief of Maintenance. Mayor Glickstein stated that having served on the
Compensation Committee for 11/z years the Board is a model of efficiency and suggested
that if we import many of their best practices to other organizations they would be better
off. Mayor Glickstein stated those people have been somewhat underpaid for a while and
reiterated that organization is extremely efficient and the compensation levels are market
rate and very fair.
Vice Mayor Petrolia moved to approve, 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.
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At this point, the time being 7:03 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. PUBLIC COMMENTS/FY 2015 PROPOSED BUDGET: The City
Commission will hear public comments, if any, regarding the FY 2015 Proposed Budget
at this time.
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Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delrav
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), commented about the tennis center and stated if
the site sold for$1 the City would profit over$2 million a year for the next 16 years.
Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483
(Chairman of S.A.F.E.), urged the Commission to not allow the CRA start the design
and construction of another parking garage downtown because he feels times have
changed dramatically since the Parking Management Report was prepared. He stated
with growing trends will result in the need for fewer parking spaces not more and when
the city starts charging for parking more people will use alternative modes of
transportation. Mr. Smith stated S.A.F.E. would like to partner with the city and the
CRA to work at a collaborative effort to jumpstart the successful development of North
Federal Highway now. Mr. Smith urged the Commission to not build a parking lot to
subsidize downtown businesses and employees but instead use those millions to make
Delray a better place. Mr. Smith suggested that if the Commission does not feel
comfortable with vetoing the parking garage, that they consider delaying it until the city
is convinced that the parking garage is really needed.
Charles Bonfield, 220 MacFarlane Drive, Delray Beach, FL 33483
(President of S.A.F.E.), stated when FDOT proposed to redo A-1-A the Plan called for
sidewalks and bike lanes for the full length of A-1-A and that was opposed by several
residents. Mr. Bonfield stated S.A.F.E. obtained 7,600 signatures to get sidewalks and
bike lanes on A-1-A. He stated this petition was presented to the Mayor of Delray Beach
at the time who indicated that Delray Beach did not honor petitions. Therefore, Mr.
Bonfield stated S.A.F.E. provided copies to FDOT (District 4) in Fort Lauderdale who
took the petitions to Tallahassee and Delray got sidewalks and bike lanes on A-1-A. Mr.
Bonfield stated S.A.F.E. has been trying to get sidewalks and bike lanes for the rest of the
city for the last 10-12 years in particular on Venetian Drive so he does not have to walk
in the street.
Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 3348_3, concurs
with comments expressed regarding the parking.
Secondly, - . inquired uired a out how much ode tennis center
is costing the city.
Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33445, stated nine
(9) months ago he came before the Commission to discuss curbing on Barwick Road and
as of this date nothing has been done. Mr. Katz invited Interim City Manager Terry
Stewart to come out to Barwick Road at 2:00 p.m. on any weekday during the school day
to see the danger that takes place on Barwick Road between Lake Ida Road (Barwick
Park) towards the Sabal Lakes community where there are sidewalks 24 inches from the
street with no curbs and hundreds of minority children walking home from Banyan Creek
Elementary school with no parental supervision. Mr. Katz stated at the time this was
previously discussed, the City Manager at the time stated there was nothing that could be
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done because it was not budgeted. Mr. Katz expressed concern over the safety issues on
Barwick Road and urged S.A.F.E. to also look at the west corridor from I-95 to Military
Trail.
There being no one else from the public who wished to address the
Commission regarding the fiscal year 2015 proposed budget, the public comment was
closed.
10.B. ORDINANCE NO. 22-14 (SECOND READING/SECOND PUBLIC
HEARING): Consider an amendment to the Land Development Regulations (LDR) of
the City of Delray Beach, establishing a temporary building moratorium on facilities
offering the retail sale or transfer of dogs and/or cats as fijrther defined herein for a period
of six (6) months from the date of adoption of this ordinance; providing for geographic
area covered; providing for the duration of moratorium.
The caption of Ordinance No. 22-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
ESTABLISHING A TEMPORARY BUILDING
MORATORIUM ON FACILITIES OFFERING THE
RETAIL SALE OR TRANSFER OF DOGS AND/OR
CATS AS FURTHER DEFINED HEREIN FOR A
PERIOD OF SIX (6) MONTHS FROM THE DATE OF
ADOPTION OF THIS ORDINANCE; PROVIDING FOR
GEOGRAPHIC AREA COVERED; PROVIDING FOR
THE DURATION OF MORATORIUM; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 22-14 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated this will
only apply to retail establishments open to the public that sell, transfer or offer for sale
dogs, cats, puppies and kittens. Furthermore, the City Attorney stated the purpose of the
moratorium is to refine the definitions with this evolving field of law and monitor some
litigation which is occurring in South Florida and throughout the country so that whatever
draft ordinance is considered by the City Commission is one that is consistent with the
current state of the law_
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
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Mayor Glickstein declared the public hearing open. There being no one
from the ublic who wished to address the Commission regarding Ordinance No. 22-14,
p g g
the public hearing was closed.
Mr. Frankel asked if since the first reading there have been any pet stores
opened, inquiries or applications. In response, the Interim Cary Manager stated not to his
knowledge. Mr. Frankel briefly spoke of the litigation with respect to this matter and he
expressed concern about a potential conflict with any voting with this subject matter. He
stated he will not be voting in favor of this tonight.
Vice Mayor Petrolia asked if this is regarding one retailer or anyone who
can start a retail business. In response, the City Attorney stated this would have no
impact on the current retailer.
Deputy Vice Mayor Jarjura moved to adopt Ordinance No. 22-14 on
Second and FINAL Reading, seconded by Vice Mayor Petrolia. Upon roll call the
Commission voted as follows: Mr. Frankel — No; Deputy Vice Mayor Jar ura — Yes;
Mayor Glickstein— Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 3 to 1
vote, Commissioner Frankel dissenting.
10.C. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
10.1). THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
At this point, the time being 7.18 p.m., the Commission moved to Item
9.A. of the Regular Agenda.
9.A. NOMINATIONS FOR APPOINTMENT TO THE BOARD OF
ADJUSTMENT: Nominations for appointment of three (3) regular members to the
Board of Adjustment to serve two (2) year terms ending August 31, 2016. Based on the
rotation system, the nomination for appointments will be made by Commissioner Petrolia
(Seat#1), Commissioner Jacquet (Seat#2) and Commissioner Frankel (Seat 43).
- ice N a o Petrolia moved o note Allen Ki as a regular member
to the Board of Adjustment to serve a two (2) year term ending August 31, 2016,
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.
Mr. Frankel moved to nominate Dale Miller (incumbent) as a regular
member to the Board of Adjustment to serve a two (2) year term ending August 31, 2016,
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 passed with a 4 to 0 vote.
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Due to his absence, Commissioner Jacquet's appointment has been
deferred to the regular meeting of September 4, 2014.
9.8. NOMINATION FOR APPOINTMENT TO THE PLANNING AND
ZONING BOARD: Nomination for appointment of one (1) regular member to the
Planning and Zoning Board to serve a two (2) year term ending August 31, 2016. Based
on the rotation system, the nomination for appointment will be made by Commissioner
Jacquet(Seat#2).
Vice Mayor Jarjura stated Mr. Jacquet deferred this nomination from the
last regular meeting.
9.C. AMENDMENT TO THE GRANT AWARD/DEPARTMENT OF
HOMELAND SECURITY: STAFFING FOR ADEQUATE FIRE AND
EMERGENCY RESPONSE (SAFER): Consider approval of an amendment to the
Grant Award with the Department of Homeland Security: Staffing for Adequate Fire and
Emergency Response (SAFER) Grant in the amount of $597,363.00 to hire three (3)
additional Firefighter/Paramedics for a twenty-four hour (24) month period.
(ADDENDUM)
The Interim City Manager stated the City Commission previously
approved the SAFER Grant for the Fire Department in order to provide funding for four
(4) entry level firefighters. The Interim City Manager stated Chief Connor informed him
in speaking with FEMA she learned that some additional dollars were available and the
City would be able to use the available funding for firefighters that are currently allocated
in the budget with a total savings of $1.1 total for the seven (7) positions. The Interim
City Manager stated these are three (3) positions that are currently vacant that are funded
within the current budget and the proposed budget and this would provide funding to
offset their costs by approximately$500,000.
Danielle Connor, Fire Chief, stated in April when FEMA contacted them
to inform them that they received the award for four (4), they requested if any additional
funding was available. Chief Connor stated FEMA replied yesterday afternoon that they
would provide salary, pension and benefits for three (3) additional firefighters for a
period of two (2) years. Chief Connor stated FEMA will pay for a total now of seven (7)
in their entirety for a period of two (2) years.
I
The Interim City Manager stated FEMA informed Chief Connor that the
window for availability for the funds closed at the close of business day today and that if
they did not have an acknowledgement that the City was prepared to go forward, then the
City would not be able to get it. The Interim City Manager stated he gave Chief Connor
the authority to put the application in only for the opportunity to speak to the
Commission this evening. If the Commission decides to not go forward with this, the
Interim City Manager stated Chief Connor can inform FEMA that the City has decided to
withdraw. However, the Interim City Manager stated in order to be considered staff had
to make that application by 5:00 p.m. today. Chief Connor stated the total for the three
(3) additional positions for the two-year period is $597,363.00 and that in conjunction
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with the award that was given on May 6, 2014, puts the total valuation of this grant at a
little over S1.2 million for the two (2) year period. Chief Connor briefly commented on
the terms of the grant and stated if the City's financial circumstances change in the next
twenty-four (24) months the City would not be obligated to continue that employment
because there is no stipulation or condition attached to this grant.
The Interim City Manager stated he recommends that the City
Commission give staff approval to move forward on this.
Deputy Vice Mayor Jarjura moved to approve the Amendment to the
Staffing and Adequate Fire and Emergency Response (SAFER) Grant in the amount of
$597,363.00 to hire three (3) additional firefighters/paramedics for a twenty-four (24)
month period, seconded by Mr. Frankel. 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.
11. FIRST READINGS:
A. None.
12. COMMENTS AND IN UHUES ON NON-AGENDA ITEMS.
12.A. City Manager -
None.
12.B. City Attorney
None.
12.C. City Commission
12.C.1. Vice Mayor Petrolia
Vice Mayor Petrolia stated the � ash a coo rmcipls was
fantastic and it was very enjoyable.
12.C.2. Deputy Vice Mayor Jariura
Deputy Vice Mayor Jarjura stated she met with the City's Economic
Development Director and Assistant City Manager today on a Comprehensive Local
Small Business Program which will also include revisions to the City's procurement code
and RFPs to have a local requirement. Deputy Vice Mayor Jarjura stated the Assistant
City Manager has indicated that staff s goal is to place this on the Workshop Agenda.
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Secondly, Deputy Vice Mayor Jarjura stated she spoke to the City
Attorney yesterday in regards to what was raised at the last meeting about the drug
Kratom and asked prohibiting uses in certain residential areas that the City does not feel
is keeping with the character and feel of Delray Beach. j
I
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Deputy Vice Mayor Jarjura extended kudos to the Delray Beach Chamber
of Commerce for the Education Breakfast. She stated it was very nice and very well
attended.
With regard to comments expressed by Deputy Vice Mayor Jarjura about
the initiative on a Comprehensive Local Small Business Program, Mayor Glickstein
stated there is a piece of that is important in keeping it local. Mayor Glickstein stated it is
a huge economic driver when promoting local businesses that money stays in the local
economy.
12.C.3. Mr. Frankel
Mr. Frankel thanked Dr. Craig Spodak for serving as the Planning and
Zoning Chair as last night was his last meeting.
Secondly, Mr. Frankel commented about the Election on Tuesday, August
26, 2014 with several issues and a referendum for Delray Beach. Mr. Frankel expressed
his disappointment that there were no early voting sites in the City of Delray Beach.
Mr. Frankel stated Uber is operating in the city and is up and running in
Palm Beach County. He commented about Uber drivers being present in Delray's
downtown and asked whether or not the City is entitled to any revenue from this.
Mr: Frankel stated one of the sessions he attended at the League of Cities
meeting was regarding homelessness and how other cities are dealing with it. He stated a
lot of cities are partnering with United Way in helping and assisting some people in this
area. Mr. Frankel stated this may be something that the city may want to explore.
Mr. Frankel stated Dr. Smith and Mr. Whiteman commented about the
tennis center and he noted that a group would like to rent out the tennis center second
week of January. Mr. Frankel stated they had a meeting with Sharon Painter to tour the
facility and hopefully the city will be able to get it done. For clarification, Mr. Frankel
stated he keeps hearing comments it is not money spent on the tennis center; there are
two (2) issues; tennis stadium and tennis tournament. Mr. Frankel stated he would like
staff to identify the number of hotel stays, the number of dollars spent in the city, and the
national and international television exposure any other event gives to our city.
Lastly, Mr. Frankel stated he would like to apprise the public about what
is going on in the Waggs to Riches Puppy Store case and commented that the City may
be named as the defendant in a lawsuit for a Facebook post. In his opinion, Mr. Frankel
stated in the interest of transparency this is a matter of public discussion and he suggested
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that a formal vote be taken by the City Commission at a future meeting about how they
would like to proceed.
12.C.4. Mayor Glickstein
Mayor Glickstein stated with regard to Board composition, the City is
looking at several issues relative to board nominations, the process, composition, gender,
and ethnic diversity. Mayor Glickstein stated he understands that the City cannot force
that composition, but it should be part of the criteria to be considered.
Secondly, Mayor Glickstein commented about a letter received in April
2014 about the CRA boundaries. He stated it is relevant to address the funding source of
not only implementing the Beach Master Plan but many other beach related expenses that
when they come they are significant (i.e. $10 million Beach Renourishment Project).
Mayor Glickstein stated whether the CRA increases or shrinks is a discussion of any
entity and he feels the time is now for that conversation with the CRA.
Mayor Glickstein stated he asked the City Attorney to draft an ordinance
that would ban kratom in the city and provided him with a template ordinance that was
passed in Sarasota County that banned kratom as well as other synthetic drugs designed
that are not controlled substances so they are readily available. Mayor Glickstein stated
he would like Delray Beach to take the lead on this. It was the consensus of the City
Commission to direct the City Attorney to expedite an ordinance to ban kratom with the
City of Delray Beach.
I
Lastly, Mayor Glickstein commented about Economic Development and
stated in the City's current budget cycle is the City's commitment to the library which he
fully supports. He stated the Delray Beach Public Library today has on average 1,700
people utilizing it (i.e. every demographic and age group). Mayor Glickstein stated even
if the funding level stays the same which is significant, the resources of the library will
diminish. Mayor Glickstein commented regarding how to utilize that parking lot for a
sister facility to the library that is really designed for entrepreneurship and a place to put
some of the great programs that we have in this town. Mayor Glickstein stated Delray
Beach has Carver Middle School with a Robotics Team, Atlantic High School that has a
— r Champions ip Robotics Team that essenm ly ran FAU' robotic Summer Camp
with the attraction of local engineers and entrepreneurs. He stated the leader of the
Atlantic High School Robotics Team will be attending Stanford on a full academic
scholarship. Mayor Glickstein stated it would be interesting to initiate a community
dialogue on how to build a facility over that parking lot that could tie into the Delray
Beach Library which is in the perfect place in the community to house state-of-the-art
academic programs as well as business accelerators and incubation areas. He stated
across the country the most progressive cities are retrofitting spaces for these business
incubation areas. Mayor Glickstein stated there are incredibly clever ideas on what cities
are doing with this space to promote entrepreneurism but also to bring the kids back to
their cities that are going off to college in other places. Mayor Glickstein stated there are
local entrepreneurs that live in other cities that come to work in Delray Beach that want
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this kind of space; they should not be in coffee shops but they should be in something
where the City can link it up with the library so that they have a way to promote
themselves in a much different format than they are today.
There being no fiu-ther business, Mayor Glickstein declared the meeting
adjourned at 7:40 p.m.
City Clerk
ATTEST:
YOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on August 19, 2014, which Minutes were formally approved and adopted by the City
Commission on October 7, 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.
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