10-07-14 Regular Meeting MinutesOCTOBER 7, 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, October 7, 2014.
1. Roll call showed:
Present- Vice Mayor Shelly Petrolia
Commissioner Alson Jacquet
Commissioner Adam Frankel
Deputy Vice Mayor Jordana Jarjura
Mayor Cary Glickstein
Absent - None
Also present were - Terry Stewart, City Manager
Noel Pfeffer, City Attorney
Kimberly Wynn, Acting City Clerk
2. The opening prayer was delivered by Chaplain Anthony Cuseo.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. APPROVAL OF MINUTES:
Vice Mayor Petrolia moved to approve the Minutes of the Regular
Meeting of August 19, 2014, seconded by Mr. Frankel. Upon roll call the Commission
voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura —
Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to
0 vote.
5. PRESENTATIONS:
5.A. Palm Beach County Snorts Destination Presentation — Maraie Walden
Margie Walden, Palm Beach County Sports Commission, 1555 Palm
Beach Lakes Blvd. Suite 1410 West Palm Beach, Florida 33401, stated the Palm
Beach County Sports Destination has been working very hard over the last several
months to make Delray Beach a Sports destination and to provide more opportunity for
the young people enhanced opportunities at sports by bringing sports to our community
from all over the country. In addition, Ms. Walden introduced and recognized the
members of the Sports Destination Committee. Ms. Walden stated the Sports
Commission meets every Monday at 10:30 a.m. in the Community Center and it is open
to the public. She stated the Committee looked at the economic impact during off - season
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(May through October). She stated this was the first year of their first collegiate baseball
league and this is modeled after the Cape Code League; locals can enjoy coming out to
Miller Field to watch collegiate baseball in June and July. The greatest economic impact
over the summer is from tennis in Delray Beach and the most important event is the
USTA boys 16 and 18's; the Sports Commission brings in approximately 300 young men
and their families and 100 coaches from around the country who stay in Delray Beach for
a week. Ms. Walden announced that this weekend the USTA is holding the Columbus
Day Open for two days; there are 256 children are registered is hopeful that the economic
impact will be equal to the event that is here in May. Ms. Walden stated martial arts are a
big sport for Delray Beach and there are many competitions both at the Community
Center and Atlantic High School; she stated there was a great event in August and 350
participated stayed at the Hyatt Place Hotel and they enjoyed walking back and forth to
the venues. Ms. Walden stated EVP volleyball was here September 13, 2014 and a
promotional video is being played on Beach Sports Network around the country
regarding Delray Beach and sports. Ms. Walden the LPGA Legends Tour will be held in
November and 45 famous women golf legends will be coming to the Seagate Hotel along
with 250 executives from Walgreens (sponsor of the event). She stated they expect about
3,000 spectators on November 8th and 9`i'. The women legends will also be offering
clinics to the young people and announced this is a three year commitment to Delray
Beach. Also, in November the following events will be held: Surf Festival, Karate
Tournament, and the Chris Evert Celebrity Charity Tournament, tennis qualifier for the
Delray Open, and in December Delray Beach will host the National Association of Inter -
Collegiate Men's Soccer and National Championships held at the Seacrest Soccer
Complex and Hilltopper Stadium (2 year commitment from NAIA). She thanked the 14
sponsors of this event. Also, in December they have "Perfect Game" which is one of the
top brands in baseball collaborating with ELEV 8 and the baseball academy here in
Delray Beach for a tournament right after Christmas and they expect approximately 3,000
people at Miller Field. Ms. Walden stated December 23, 2014 Boca Raton is hosting
ESPN Boca Raton Bowl and they are working with the NBA Retired Players Association
to bring in Ball Stars Youth Camp and they will offer for about 300 youth at Pompey
Park. Ms. Walden stated the Sports Destination Conunittee has worked very hard to
build collaborations with some of the finest people in the sports world that the Committee
could find in Palm Beach County and introduced these four (4) individuals to the City
Commission.
8.T.3. Proclamation - RecoQnizine Cool Clothes Closet — Linda Walsh
Linda Walsh thanked Delray Beach for welcoming the Cool Clothes
Closet and stated the children they are helping are homeless, in the foster care system,
children of returning veterans who have not found work back home, kids who are now
aging out of the foster care system and who have nothing of their own. Ms. Walsh stated
these kids need a path and tools to help achieve their goals and this program helps
teenagers build their self- esteem. The Cool Clothes Closet is a store with a boutique -like
feeling where teenagers can shop with dignity for clean, stylish clothing free of charge.
Ms. Walsh stated she and her late husband were guardians at the Ad Litem Foundation
and went to court they noticed that a lot of the teenagers were coming in dirty clothes,
rags, and pajama bottoms. She stated there was a Clothes Closet in the West Palm Beach
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Courthouse; however, there was nothing in South County and thus the need for Cool
Clothes Closet.
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.
In response to a prior concern expressed by Mr. Kubin and Lisa Ruth who
were held up at gunpoint in their neighborhood and about other incidents that occurred
over a period of time, the Interim City Manager stated the Police Department has met
with them and assigned some people to work together with them on a Crime Prevention
Through Environmental (OPTED) Program. In addition, the Interim City Manager stated
they have also set up a time for Mayor Glickstein, himself, and Police Chief Goldman
and anyone else they wish to walk the neighborhood with them. The Interim City
Manager stated staff had a meeting scheduled but due to the weather, this meeting was
rescheduled and is coming up shortly. The Interim City Manager stated the Police
Department is talking with them about a Neighborhood Watch Program and has assigned
officers for extra patrol in the area and are continuing to work diligently with them to
address the concerns of their neighborhood.
Secondly, in response to a previous concern expressed about an in
individual that was severely burned and to whether or not that was a hate crime, the
Interim City Manager stated there is no evidence or indication at this time that this was a
hate crime and the Police Department is still investigating the incident.
With regard to the CRA and their participation with the city and their
budget, the Interim City Manager stated there was some hope expressed and a request
and desire from the City that the CRA provides additional funding for Clean and Safe
Program. The Interim City Manager stated they have provided an addition of one more
Police Officer than was originally presented which makes two (2) Police Officers and a
Community Service Officer that will be new in this year's budget.
6.B. From the Public.
6.13.1. Ronald Gilinsky, 1405 _ S. Federal Highway #140,_ Delray Beach, FL
33483, commended Police Chief Goldman on his effort having his officers walking the
streets and stated this is starting to bring the community back together again.
Secondly, Mr. Gilinkky stated left -hand turns on Atlantic Avenue are
becoming very cumbersome for traffic. He stated from Swinton Avenue to 5ti' Avenue
that left -hand turns both directions should be prohibited so that it will better increase the
flow of traffic. Mr. Gilinsky stated a busy season is approaching and with all the
development downtown the traffic will get much worse.
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6.B.2. Robert E. Kubin, S.E. 7th Avenue
Shakedown, thanked Mr. Stewart addressing his concerns and Police Chief Jeffrey
Goldman because they have seen an improved police patrols in their neighborhood.
However, Mr. Kubin stated it is possible that sOome of those police patrols are being
taken away from other neighborhoods too and that the Police force is understaffed and
underpaid. He stated the CRA funded two (2) Police officers and one (1) community
patrol person; the City has lost four (4) Police officers off the Police force in the last
month. Mr. Kubin stated there are solutions to these circumstances but urged the City to
get a Police contract. He stated he is aware of three (3) locked up bicycles stolen in
daylight over the weekend on the beach. Mr. Kubin suggested that rather than sworn
Police Officers chasing people with dogs off the beach that those Police Officers patrol
the streets and the Police volunteers be on the beach issuing tickets and sidewalks issuing
parking tickets. Mr. Kubin stated for people to be confronted on the beach by a Police
officer in full uniform is not appropriate, unnecessary and completely in appropriate use
of the City's resources.
6.B.3. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, stated she
attended the meeting at the Drug Abuse Foundation and suggested that all rental
properties be required to have permit stickers by the door so the neighbors will know who
has and has not paid for their permit and will also be an alert as to what is going on. Ms.
Finst stated there are in excess 648 drug abuse facilities in the city and she would like to
see the supervision enforced within these facilities. Ms. Finst stated the City needs to get
control of this and live safely including the people who are at these drug abuse facilities.
6.B.4. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), stated the City needs Police Officers and every
time an officer leaves it costs the City $105,000.00.
The City Attorney stated the City Commission is currently in the
collective bargaining unit process and that is a strictly regulated statutory formal process
and as much as the Commission would like to engage and offer their opinion with respect
to this subject matter, the City Commission is legally prohibited from discussing this
matter. The City Attorney stated on September 30, 2014, the City Commission had a
Closed Door Session to evaluate and formulate strategy and on October 14, 2014 there is
a formal Collective Bargaining Agreement between labor counsel for the City and
counsel for the PBA; and, they have also scheduled a second meeting on October 17,
2014. In addition, the City has distributed all the factual analysis that the Commission
uses in creating their proposal with respect to bargaining.
6.B.5. Pauline Moody, 609 S.W. Sch Avenue, Delray Beach, FL 33444,
commented about the history of the Police Department.
election.
Secondly, Ms. Moody encouraged everyone to vote in the November
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Lastly, Ms. Moody commented about the Municipal Election in March
2015.
6.B.6. Christina Morrison, 2809 Florida Boulevard, 9207, Delray Beach, FL
33483, thanked the City Attorney and Deputy Vice Mayor Jarjura for their response
about the Police and appreciates the update because not everyone knew that it was still in
collective bargaining.
Secondly, Ms. Morrison commented about Item 91, Resolution No. 55-
14: Termination of Contract/Republic Parking System and Award of Contract to
Ameristar Parking Solutions. Ms. Morrison expressed concern over spending City
money to hire a contractor but feels we should be looking at bidding it out and having a
contract pay us for those services. She feels the City has resources here that can be very
well run with private enterprise. Ms. Morrison stated if the City is charging a contractor
to run the garages we know how much money we will earn every year and urged the
Commission to consider this.
6.B.7. Steve Michael, Hudson Holdings, stated they are in the process of
putting together a site plan and development to submit on the 7 112 acre Sundy House
site. Mr. Michael stated he received a copy of the proposed new LDRs at 5:00 p.m. today
and noted that they are in the middle of a design charrette with numerous architects. He
stated they utilized those proposed LDRs in their design charrette with the assumption
that they will be passed. Mr. Michael stated as like other land owners he did not have
sufficient time to assess these new LDR proposals. Mr. Michael expressed concern that
they have already spent $20 -million on the purchase of this property and stated the
"zoning in progress" would hinder him dramatically at this point and placing them in that
holding pattern would be devastating to them. Mr. Michael urged the Commission to not
do a "zoning in progress" until everyone gets a chance to discuss the LDRs and how they
will affect future development.
6.B.8. Tom Carnev, 200 MacFarlane Drive, Delray Beach, FL 33483,
commented about the article in the latest issue of the Coastal Star and suggested within
this proposed resolution that the Commission make the distinction if it is really a new
application or is this something that has been in progress for a substantial period of time
after a substantial investment. Mr. Carney stated some people are trying to work with the
community and come up with a proposal that is going to meet the community interest.
Mr. Carney urged the Commission to look at that issue before creating a blanket
restriction on any and all applications going forward.
6.8.9. Alan Schlosberg, 200 MacFarlane Drive 9N -502, Delray Beach, FL
33483, stated he has come before the City Commission numerous times to discuss the All
Aboard Florida project. Mr. Schlosberg expressed concern over the increased
maintenance and annual fees that residents will have to pay fees.
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6.8.10. Cindi Freeburn, 371 East Mallory Circle, Delray Beach, FL 33483,
supports Police Chief Jeffrey Goldman and stated she was one of the recipients of a visit
by one of the Police Sergeants this week and appreciates it. Ms. Freeburn concurs with
Mr. Kubin about using armed Police Officers on the beach where people are taking their
dogs. She stated she does not think that creating connections in a sense of community in
a town should be considered a waste of resources.
Secondly, Ms. Freeburn asked Mr. Stewart to clarify when the LDR
documents were published. Ms. Freeburn stated she would like to make sure that the
City is very careful in their considerations.
6.8.11. Jim Knia-ht, 10 S.E. I't Avenue, Delray Beach, FL 33444, stated he has
followed the LDRs very closely for a long time and the proposed changes have had the
benefit of being able to be with Treasure Coast and speak with them. Mr. Knight stated
at the Planning and Zoning Board meeting of October 6, 2014, there was a debate back
and forth whether or not to move it forward or do they wait and have it come back one
more time to the Planning and Zoning Board. Mr. Knight stated part of the
misunderstanding was that people did not know about this coming now and suggested
that if the Commission allows projects to come in so long as they are meeting the new
proposed guidelines they should not be punished or held up and should be allowed to
move forward.
Secondly, Mr. Knight stated at the Osceola Homeowners' meeting last
month and the community policing that has been done has been a very good thing for the
Osceola neighborhood.
6.8.12. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33_483, thanked
the City and Randal Krejcarek for the new traffic lights at Venetian Drive and Atlantic
Avenue and Gleason Street and Atlantic Avenue.
At this point, Commissioner Frankel stated on Channel 5 this week he
stated he saw a program where the Police Officers are now walking 15 minutes a day.
Mr. Frankel commended the Police Department and stated this is a great program because
it gets the officers are out in the community to do crime prevention.
7. AGENDA APPROVAL.
The Interim City Manager requested to remove Item 9.C., Request for a
sidewalk deferrall1230 Seaspray Avenue.
Deputy Vice Mayor Jarjura requested to remove Item 8.C., Request
Retroactive Approval of Fiscal Year 2014 Purchases From Office Depot from the
Consent Agenda and moved to the Regular Agenda as Item 9.A.A.
Mr. Frankel moved to approve the Agenda as amended, seconded by
Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mr.
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Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor
Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
S. CONSENT AGENDA: City Manager Recommends Approval.
S.A. FINAL SUBDIVISION PLAT APPROVAL/DELRAY HONDA:
Approve a final plat for Delray Honda located on the west side of South Federal
Highway, north of Lamat Avenue.
8.B. FINAL SUBDIVISION PLAT APPROVAL/WINDSOR
DEVELOPMENT PLAT: Approve a final plat for a townhouse development project
being platted as Windsor Development located at 141 Venetian Drive.
S.C. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.D. CHANGE ORDER NO. 3/SEALAND CONTRACTORS
CORPORATION: Approve Change Order No. 3 in the amount of $111,592.56 to
Sealand Contractors Corporation for a nine (9) day extension of time; and additional
work for the Federal Highway Beautification Project (Bid No. 2012 -21). This is in
compliance with Code of Ordinances, Chapter 36, Section 36.06(A)(1), "City
Commission Approved Contracts, Beyond The Scope of Work", and Section
36.06(A)(3), "City Commission Approved Contracts, Extension of Completion Dates ".
Funding is to be paid out of the Contract's Undefined General Allowance.
S.E. WORKFORCE HOUSING COVENANTICITY OF DELRAY
BEACH AND MONOGRAM RESIDENTIAL DELRAY II PROJECT OWNER,
LLC./UPTOWN DELRAY: Approve a Workforce Housing Covenant, as proposed
between the City of Delray Beach and Monogram Residential Delray II Project Owner,
LLC., for Uptown Delray.
S.F. HOLD HARMLESS AGREEMENT /3933 LONE PINE ROAD:
Approve a Hold Harmless Agreement with Mr. and Mrs. Jeremy Office to construct a
tennis court in the City's Utility Easement for the property located at 3933 Lone Pine
Road.
S.G. RATIFICATION OF AN EMERGENCY
EXPENDITURE/REOUEST TO INCREASE THE SPENDING LIMIT FOR FY
2013 -2014 AND FY 2014 - 2015 /ATLANTIC REFRIGERATION: Approve a request
to ratify an emergency expenditure in the amount of $51,870.00; and increase the funding
limit with Atlantic Refrigeration (Bid No. 2010 -10) in the annual amount not to exceed
$200,000.00 for FY 13114 and FY 14115; subject to appropriate funds. This is in
compliance with Code of Ordinances, Chapter 36, Section 36.03(B), Multiple
Acquisitions from a Vendor Exceeding $25,000.00 in any Fiscal Year ". Funding is
available from multiple departments.
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S.H. FY 2015 GOLF RATES/DELRAY BEACH MUNICIPAL GOLF
COURSE: Approve the proposed maximum rates for the Delray Beach Municipal Golf
Course.
8.1. FY 2015 TENNIS RATES/TENNIS FACILITIES: Approve the
proposed maximum rates for the Tennis Facilities.
$_J. FY 2015 GOLF RATES/ LAKEVIEW GOLF COURSE: Approve the
proposed maximum rates for the Lakeview Golf Course.
S.K. LANDSCAPE MAINTENANCE AGREEMENT /SEAGATE YACHT
CLUB, LLC.: Approve a Landscape Maintenance Agreement between the City and
Seagate Yacht Club, LLC., to install landscaping material for perpetuity within the right -
of -way of MacFarlane Drive.
S.L. LANDSCAPE MAINTENANCE AGREEMENT/MONOGRAM
RESIDENTIAL DELRAY II PROJECT OWNER, LLC./UPTOWN DELRAY:
Approve a Landscape Maintenance Agreement between the City and Monogram
Residential Delray 11 Project Owner, LLC. to install landscaping material for perpetuity
within the right -of -way of S.E. 2nd Street, S.E. 4' Avenue and S.E. 5" Avenue.
8.M. HOUSING REHABILITATION /GRANT AWARD: Award one (1)
Housing Rehabilitation Grant through the Neighborhood Stabilization Program (NSP) to
the lowest responsive bidder, Abisset Corporation, LLC., in the amount of $33,374.29
under Bid 408- 2014NS for 1034 S.W. 7t' Avenue. This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02,(A)(1), "Methods of
Acquisition: Sealed Competitive Method ". Funding is available from 118- 1924 -554-
49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation).
$.N. AMENDMENT NO. 1 TO THE INTERLOCAL
AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY
(CRA) /CONSTRUCTION PROFESSIONAL SERVICES: Approve Amendment No.
1 to the Interlocal Agreement between the City and Community Redevelopment Agency
(CRA) to modify Exhibit "A" to reflect the actual amount of funding provided by the
CRA for the projects at the end of FY 2013/14.
8.0. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT
AGENCY (CRA) /CONSTRUCTION OF PINEAPPLE GROVE NORTH_
ENTRANCE FEATURE: Approve an Interlocal Agreement with the Community
Redevelopment Agency (CRA) to fund and manage the construction of the improvements
to be installed on the property to create the Pineapple Grove North Entrance Feature.
S.P. CRIMINAL JUSTICE USER AGREEMENTS/FLORIDA
DEPARTMENT OF LAW ENFORCEMENT (FDLE): Approve three (3) Criminal
Justice User Agreements between the City of Delray Beach and Florida Department of
Law Enforcement (FDLE) regarding Criminal Justice Information Services (CJIS)
systems for the Police Department.
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80. MEMORANDUM OF UNDERSTANDING/PALM BEACH
COUNTY LAW ENFORCEMENT AGENCIES: AUTO THEFT TASK FORCE:
Approve a Memorandum of Understanding between the City and Palm Beach County
Law Enforcement Agencies to empower participating law enforcement agencies to jointly
investigate, apprehend and arrest individuals in an effort to jointly address auto theft
activity and provide law enforcement services within, between and through
unincorporated Palm Beach County and the municipalities included in the agreement.
8.R. MUTUAL AID AGREEMENTIMULTI- AGENCY BURGLARY
APPREHENSION TASK FORCE: Approve a Mutual Aid Agreement between the
City of Delray Beach and multiple agencies throughout Broward County and Palm Beach
County to implement a task force to combat and apprehend inter jurisdictional burglary
offenses and activity.
S.S. REIMBURSEMENT TO FLORIDA EAST COAST (FEC)
RAILROAD /S.E. 10TH STREET: Approve a reimbursement to Florida East Coast
(FEC) Railroad in the amount of $62,824.09 for the reconstruction and maintenance of a
railroad crossing located at S.E. 10'11 Street (Project No. 14 -092). This is in compliance
with Code of Ordinances, Chapter 36, Section 36.03(A), "Acquisitions of Twenty -Five
Thousand Dollars ($25,000.00) or Greater ". Funding is available from 334- 3162 -541-
46.90 (General Construction Fund: Repair & Maintenance Services /Other
Repair/Maintenance Costs).
8.T. PROCLAMATIONS:
1. Florida City Government Week — October 19 -25, 2014
2. Recognizing the 60th Anniversary of Miyazu's incorporation as a
City
8.U. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period September 8, 2014 through September 26, 2014.
S.V. AWARD OF BIDS AND CONTRACTS:
1. Bid award in the amount of $30,000.00 to Imperial Electrical, Inc.
(Bid No. 2014 -27) for the annual electrical lighting for various
municipal recreational facilities. This is in compliance with Code
of Ordinances, Chapter 36, Section 36.02, "Methods of
Acquisitions ". Funding is available from multiple accounts.
2. Multiple awards to listed vendors for the purchase of Chemicals
and Fertilizers through the Co -6p annual contract Bid No. 2014 -33
on an "as needed basis" at an annual expenditure of $230,000.00
for FY 14/15. This is in compliance with Code of Ordinances,
Chapter 36, Section 36.02(8), "Cooperative Acquisitions ". Funding
is available from multiple accounts.
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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: Deputy Vice Mayor Jarjura —
Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr.
Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to
0 vote.
9. REGULAR AGENDA:
9.A.A. REQUEST RETROACTIVE APPROVAL OF FY 2014
PURCHASES FROM OFFICE DEPOT: Request retroactive approval in the amount
of $96,028.23 and an increase in an amount not to exceed $100,000.00 to Office Depot
for office supplies purchased by various departments in the City during FY 13/14. This is
in compliance with Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple
Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year." Funding was
provided by multiple departments.
Deputy Vice Mayor Jarjura stated out of the approximately 1,248
transactions all but 18 were made by a credit card purchase. She would like to know who
gets credit cards and who reviews the bills.
The Interim City Manager stated these purchases are offices supplies and
each department will purchase a sufficient amount of supplies to last several weeks and
as they need additional items they contact Office Depot to make the request on the credit
card that it is charged to; the bill comes in to a particular department and the person that
is in charge of the invoices for each department would review that and put together a
payment request which then goes to the department director; if they agree with it they
sign it and send it on to Finance and within Finance there is an individual who is
responsible for reviewing all credit card charges to make sure they meet the criteria that
is established within a rather lengthy policy on credit card purchases; each one is
reviewed individually by the staff member and if there are any questions, then the
Accounting Manager would deal with that through the Chief Accountant and or his
office. The Interim City Manager stated there is an ongoing review for the numerous
purchases and explained the City does not warehouse things. He stated exceeding
aggregate and put those out with customer proposals or identifies State contract bids.
The Interim City Manager stated out of the 767 positions 120 have credit cards and the
Chief Accountant will be sending out a notice to the departments tomorrow for every
person that has a credit card and he is asking the department directors to provide him with
a new justification on why a particular individual needs to have a credit card; those will
be reviewed and it will be determined if they are worthy of having an assigned credit
card.
Cantor e.
At this point, Mayor Glickstein introduced City Treasurer Theresa
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Vice Mayor Petrolia inquired about discounts, Theresa Cantore, Treasurer,
stated the City has special discounts with Office Depot.
Mr. Frankel moved to approve retroactively to purchase up to $100,000 in
fiscal year 2014 from Office Depot, seconded by Vice Mayor Petrolia. Upon roll call the
Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr.
Jacquet — Yes; Mr. Frankel Yes; Deputy Vice Mayor Jarjura — Yes. Said motion passed
with a 5 to 0 vote.
9.A. WAIVER REQUESTIDEPOT SQUARE APARTMENTS: Consider a
waiver request to Land Development Regulations (LDR) Section, 4.6.7(J)(2), "Off
Premise Signs ", for the Depot Square Apartments located at the southwest corner of Lake
Ida Road and Depot Avenue. (Quasi - Judicial Hearing)
Mayor Glickstein read the City of Delray Beach Quasi - Judicial rules into
the record for this item and all subsequent items.
Kimberly Wynn, Acting 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 had no ex parte communications to disclose.
Lula Butler, Director of Community Improvement, stated this item is a
request for the Commission to consider a waiver to the LDR Section 4.6.7(J)(2) to allow
an off - premise sign to be located at the southwest corner of Lake Ida Road and Depot
Square apartments. Ms. Butler stated the Depot Square apartments consist of 284 units
located within the MIC (Mixed Industrial Commercial) along I -95 and the CSX railroad
At its meeting of August 13, 2014, the Site Plan Review and Appearance
Board (SPRAB) approved a Master Sign Program for the project approving a flat wall
sign and a monument sign for the property. The developer also requested to approve an
installation of a monument sign to be located at the southwest corner of Lake Ida Road
and Depot Avenue. This sign is considered an off - premise sign, since it will not be
located adjacent to the subdivision. Ms. Butler briefly reviewed the findings for granting
a waiver under LDR Section 2.4.7(B)(5). Staff recommends denial because others have
come forth and requested the same privilege that elected not to come forth for a waiver
(i.e. Coral Trace subdivision and The Vinings subdivision).
Jeffrey Lynne, Weiner, Lynne and Thompson, P.A., 10 S.E. 18'
Avenue, Suite "C ", Delray Beach, FL 33444, stated once constructed the property will
not be visible and the only way to let you know where the property is located is by
identification sign at the access of Depot Avenue. Mr. Lynne stated there are criteria for
granting a waiver and they agree with the first three; he stated they do not want to set a
precedent or do this anywhere else. Mr. Lynne urged the City Commission allow them to
have a sign at this location.
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Tom Head, represents the owner, stated they have had this property on
hold for the last five (5) years and noted since the property is an eyesore and thus the
reason they want to improve the property.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the request, to please come forward at this time.
Mice Finst, 707 Place Tavant, Delray Beach, FL 33445, serves on the
Site Plan Review and Appearance Board (SPRAB) and stated she received a notice that
this item was coming up tonight. Mrs. Finst stated they will have signage on the back of
the building facing I -95 to Congress Avenue go up to Lake Ida Road take the turn and
then realize they have missed the property. She stated there is a need for some indication
so there is not a traffic jam on Lake Ida Road.
Secondly, Mrs. Finst stated she is excited about the bike path that they are
going to do from Lake Ida to Atlantic Avenue.
Christina Morrison, 2809 Florida Boulevard, #207, Delray Beach, FL
33483, supports the sign and stated this will be a definite improvement over what is there
now. Secondly, Ms. Morrison stated this is a proven developer and this is approximately
their 4t' or 5'�' project.
There was no cross - examination or rebuttal.
There being no one else from the public who wished to give testimony on
this item, the public comment was closed.
Deputy Vice Mayor Jaijura stated the first three criteria for the waiver are
not an issue but it is the last criteria as to whether or not this provides a special privilege.
She stated with respect to the two denials by City staff for The Vinings and Coral Trace
subdivisions were the configuration s of those developments similar to what is before
the Commission tonight. Ms. Butler stated Coral Trace is hidden and it is not visible
from Atlanta Avenue; the Vinings is not as hidden. Deputy Vice Mayor Jarjura asked if
the paving of Depot Avenue and the new landscaping, irrigation, and the S foot wide
shared used pathway were part of the application process for The Vinings and Coral
Trace. In response, Ms. Butler stated these were not part of the application process.
Mr. Jacquet stated it seems that this is a unique situation based on the
fourth criteria and that staff perceives there may be a special granting involved. He stated
if it were any other development that was on Atlantic Avenue or Lake Ida then he would
understand. In his opinion, Mr. Jacquet stated this is unique and it is not granting any
special privilege and he supports it.
Vice Mayor Petrolia stated this is going to be potentially problematic
whether there is a sign or not and because of where the property is situated. Vice Mayor
Petrolia stated she will not support it and supports staffs recommendation of denial.
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10/07/14
Mr. Frankel stated he travels this road several times a week and sees it as a
problem. Mr. Frankel referred to LDR Section 2.4.7(B)(5) and stated the requirement is
met. Therefore, Mr. Frankel stated he supports granting the waiver.
For clarification, Mr. Jacquet reiterated that this does not set a precedent
and stated his decision is on the uniqueness of this property. He stated the distant people
have to travel and the singular entrance to the property makes it unique just to this
situation.
Mayor Glickstein stated this property has unique characteristics
specifically the area they want to put the sign is far different than placing a monument
sign on what would have been Atlantic Avenue. He stated the section that is
undevelopable between the intersection and I -95 is FDOT right -of -way and that is a
distinguishable characteristic. Mayor Glickstein commented about the landscape plan.
Mayor Glickstein stated it enhances FDOT right -of -way and it is unique because Atlantic
Avenue is straight and you are coming around this on a bend so you are not seeing this
the same way that you are going to see a double face sign on Atlantic Avenue for other
projects and therefore supports it.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Jacquet moved to approve the Board Order, seconded by Mr. Frankel.
Upon roll call the Commission voted as follows: Vice Mayor Petrolia No; Mr. Jacquet
— Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes.
Said motion passed with a 4 to I vote.
9.B. WAIVER REQUESTSINUNDFUL MANAGEMENT: Consider
approval of a request for waiver to Land Development Regulations (LDR) Section
4.6.9(1))(3)(b), "Driveway Width ", and Land Development Regulations (LDR) Section
4.4.13(F)(4)(f)(1), "Paving Materials ", for Mindful Management located at 280 and 290
Pineapple Grove Way. (Quasi - Judicial Hearing)
Dana Little, Director of Planning and Zoning, stated this item is for two
waiver requests and the addresses are 280 and 290 Pineapple Grove Way.
Mr. Little entered the project file into the record.
Mr. Little stated the proposed application is a proposed modification to
two (2) existing residential units whose combined lots measure 0.34 acres. The buildings
were built in 1937 and 1954 and are proposed to be converted to Professional Office uses.
At its meeting of August 5, 2014, the City Commission approved two (2) in -lieu parking
spaces associated with the proposed conversion; at its meeting of August 13, 2014, the
Site Plan Review and Appearance Board ( SPRAB) considered the two (2) proposed
waivers and recommended approval to the City Commission with a 4 to 0 vote (Spero,
Bregman absent; Cope stepped down). Also, Mr. Little stated SPRAB approved two (2)
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10/07/14
additional waivers to the required landscape dimensions. The applicant is seeking
approval for two (2); one to the minimum driveway width requirement and the other to
sidewalk paving materials that are provided in the LDRs. Mr. Little stated prior to
granting a waiver has to make findings pursuant to LDR Section 2.4.7(B)(5). The
driveway reduction also allows for saving of a specimen pine tree that appears to be a
Dade County Pine. He stated there are two (2) existing driveways onto the property and
that tie into the waiver request. Mr. Little stated this waiver request is for the width of
this driveway; the applicant is requesting that the 12 foot existing driveway be allowed to
be utilized and therefore requesting relief from the 20 foot requirement. He stated the
purpose of this is to accommodate the three (3) spaces and part of the adaptive reuse of
these properties and reduction of the impacts to the site and to the street staff feels is a
good idea. Mr. Little stated with respect to the second waiver, there is a minimum five
(5) foot setback requirement for new construction in the CBD (5 -10 feet) for non-
residential uses. The applicant is seeking relief of that sidewalk materials requirement
because they are not actually doing a redevelopment project. Mr. Little stated staff
believes it keeps the character of the existing structures and it will help protect the Dade
County Pine tree.
The project has been reviewed by the Pineapple Grove Main Street Design
Committee and recommended approval; the Community Redevelopment Agency (CRA)
recommended approval as well as the Downtown Development Authority (DDA). In
addition, Mr. Little stated there have been courtesy notices sent to the Citizen's Coalition
and the Chamber of Commerce. Staff recommends approval of the requested driveway
waiver request to LDR Section 4.6.9(D)(3)(b), which requires a 20 -foot minimum
driveway width whereas 12 feet is proposed and based upon positive findings with LDR
Section 2.4.7.(B)(5) staff recommends that waiver. Mr. Little stated staff recommends
the material setback for the sidewalk waiver pursuant to LDR Section 4.4.13(F)(4)(f)(1)
which required that the five (5) foot minimum front setback area be paved to match the
adjacent public sidewalk along Pineapple Grove Way. Mr. Little stated based upon
positive findings pursuant to LDR Section 2.4.7(B)(5) staff recommends approval of both
waiver requests.
At this point, Mayor Glickstein asked the Commission to disclose their ex
parte communications. The Commission had no ex parte communications to disclose.
Josh Nichols Jon E. Schmidt and Associates Agent for the Applicant
stated it has been great working with staff over the past year.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the waiver requests, to come forward at this time.
Christina Morrison, 2809 Florida Boulevard, 9207, Delray Beach, FL
33483 stated these are two bungalows that are being saved along with a beautiful tree.
Ms. Morrison stated the driveway which they are asking will be used for a couple of cars
and will not be heavily used for all their parking which most of it will come off the alley.
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10/07/14
There being no one from the public who wished to address the
Commission regarding the waiver requests, the public comment was closed.
There was no cross - examination or rebuttal.
Vice Mayor Petrolia stated she is completely in support of this and feels it
is wonderful that staff is looking at saving a couple of bungalows and the tree. She stated
it makes the area more walkable and inviting.
Deputy Vice Mayor Jarjura stated she appreciates Mr. Little's
presentations and noted he does an excellent job.
Mr. Jacquet expressed concern over making the driveway smaller in
Pineapple Grove and stated any restriction of movement of vehicles is an issue for him.
Mr. Jacquet stated a pressing issue in the community is not the trees or the bungalows
and therefore he cannot support it.
Mr. Frankel stated people speed through 2 'a Avenue and they do not yield
when driving through the round -a- bouts. He stated the area from where the Brule Bistro
and Yama Japanese restaurant complex is to where Cannery Row will be completed is a
vacant section so he feels this will be a great addition.
Mayor Glickstein stated that piece of property is one of the few left that is
calling for redevelopment in the fact that it is adaptive reuse.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Frankel moved to approve the waiver to LDR Section 4.6.9(1))(3)(b),
which requires a 20 -foot wide minimum driveway width, seconded by Deputy Vice
Mayor Jarjura. Upon roll call the Commission voted as follows: Mr. Jacquet — No; Mr.
Frankel --- Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor
Petrolia — Yes. Said motion passed with a 5 to 0 vote.
Mr. Frankel moved to approve the waiver to LDR Section 44.13(F)(f)(1),
which requires that the 5 -foot minimum front setback area be paved to match the adjacent
public sidewalk along Pineapple Grove Way, seconded by Vice Mayor Petrolia. Upon
roll call the Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor
Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes.
Said motion passed with a 5 to 0 vote.
Y:i6y NAi A-01-11 so /[.y.104 Doe NA 11111111 :7 \'iIKII W',0]u 110111 I[l1040117!
9.D. UTILIZATION OF OTHER GOVERNMENTAL ENTITIES'
CONTRACTS FOR SOD, SPRIGS AND GROUND PREPARATION /ODUM'S
SOD: Consider a request to approve the retroactive amount of 531,128.75 to Odum's Sod
(via Palm Beach County School District Contract No. 12C -46K); also request approval
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10/07/14
to expend an amount not to exceed $40,000.00 in FY 2014 purchases from Odum's Sod
for turf and turf related purchases. This is in compliance with Code of Ordinances,
Chapter 36, Section 36.02(C)(7), "Methods of Acquisition — Utilization of Other
Governmental Entities' Contracts ". Funding is available from multiple accounts.
Suzanne Davis, Parks and Recreation Director, stated staff is requesting to
use the contract for sprigs, sod and ground preparation to Odum's Sod. Ms. Davis stated
it is contract with the Palm Beach County School District and the contract is valid
through March 21, 2014 with an option to renew for three (3) additional one year periods
Ms. Davis stated Odum sod has certified that this is the lowest price.
Vice Mayor Petrolia asked why the City is not bidding. Ms. Davis stated
this is a retroactive approval and this is what was funded by the CRA.
The Interim City Manager stated with the new budget year beginning staff
is going through the list of those vendors or items where there is over $25,000. Staff
expects to still have a few more retroactive approvals through the first meeting of
November.
Vice Mayor Petrolia asked how long the contract is. Ms. Davis stated this
is a contract with the Palm Beach County School Board and it is effective through March
21, 2014 then they have the option to renew. She stated this would just be if the City has
any additional purchases that we would need to make in that short period of time.
Vice Mayor Petrolia moved to approve to expend up to a total of $40,000
in fiscal year 2014 from Odum's Sod for turf and turf related purchases, seconded by Mr.
Jacquet. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura —
Yes; Mayor Glickstein —Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel
— Yes. Said motion passed with a 5 to 0 vote.
9.E. RESOLUTION NO. 53 -14: REQUEST RETROACTIVE
APPROVAL OF EXPENDITURES /CEMEX CONSTRUCTION MATERIALS
FLORIDA, LLC.: Consider approval of Resolution No. 53 -14; approving the purchase
of concrete materials from Cemex Construction Materials Florida, LLC; declaring by a
four -fifths affirmative vote that the City's sealed competitive method for the purchase is
not in the best interest of the City; request retroactive approval of expenditures in the
amount of $27,675.97 for concrete and other materials used in the construction and
repairs of sidewalks, curbs and driveways in FY 13114. Funding is available from 001-
3113 -541 -53.90 (General Fund: Road Materials & Supplies /Other Road Materials).
The caption of Resolution No. 53 -14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
THE PURCHASE OF CONCRETE MATERIALS FROM
CEMEX CONSTRUCTION MATERIALS FLORIDA,
LLC; DECLARING BY A FOUR - FIFTHS
AFFIRMATIVE VOTE THAT THE CITY'S SEALED
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10/07/14
COMPETITIVE METHOD FOR THE PURCHASE IS
NOT 1N THE BEST INTEREST OF THE CITY;
PROVIDING FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 53 -14 is on file in the City Clerk's
office.)
Randal Krejcarek, Environmental Services Director stated this is
retroactive approval for 2014 with Cemex Construction for ready mix concrete. Mr.
Krejcarek stated staff will include this in their materials bid for this coming year and it
will be handled in a bid that is in the process of being put out right now. He stated staff
went over the $25,000 cumulative by a couple thousand dollars and thus now that the
year is over it is before the Commission for approval.
The Interun City Manager stated this came about because of the changes
in the purchasing ordinance. He stated the City did not have this in prior years because
there was no cumulative requirement.
For the record, Mr. Frankel stated in his time on the City Commission he
has never seen so many retroactive approvals. The Interim City Manager stated there
was a change in the purchasing policy adopted by the City Commission. Previously, the
majority of these were in the aggregate category; each individual purchase was dealt with
as an individual purchase and if it did not exceed the $25,000 it did not require an
approval (which was $15,000 at the time). The Interim City Manager stated there was
previously no reporting system; each department was tracking each individual purchases
and did not have a way of looking citywide but that has been resolved. The Interim City
Manager stated staff is working on cleaning this up.
Deputy Vice Mayor Jarjura stated this is not just for aggregate approvals;
she commented about individual purchases that were done every year for astronomical
amounts. The Interim City Manager stated those individual purchases exist; however,
they are the minority of what staff has been dealing with. The Interim City Manager
reiterated that the greater majority of these were within the aggregate category.
Mr. Frankel moved to approve the retroactive approvals and Resolution
No. 53 -14, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as
follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet Yes; Mr.
Frankel Yes; Deputy Vice Mayor Jarjura -- Yes. Said motion passed with a 5 to 0 vote.
9.F. PURCHASE AWARDIMACMILLAN OIL COMPANY: Consider
approval of a purchase award to Macmillan Oil Company in an annual amount not to
exceed $1,500,000.00 for the purchase of bulk fuel for City of Delray Beach vehicles and
equipment utilizing State Contract #405- 000 -10 -1; subject to the appropriation of funds.
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).
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10/07/14
Randal Krejcarek, Environmental Services Director, stated this is the
annual award for fuel and the City is piggybacking on a State contract. Mr. Krejcarek
stated in August staff came before the City Commission with an extension and the State
extended the contract until the end of June 30, 2016. He stated the City is buying per the
contract a fixed amount.
Mr. Frankel moved to approve the utilization of MacMillian Oil Company,
for the purchase of fuel on an annual basis through June 30, 2016, seconded by Deputy
Vice Mayor Jaijura — Yes. Upon roll call the Commission voted as follows: Vice Mayor
Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura -- Yes;
Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote.
9.G. PROPOSED CHANGES TO THE RULES OF PROCEDURES FOR
THE CITY COMMISSION: Consider approval of proposed changes to the
Commission Rules of Procedure which clarifies the existing rules of procedure that any
Commissioner may defer a nomination for an appointment of advisory board members
for up to two (2) consecutive Regular Meetings.
The City Attorney stated this item is a follow -up to an item that has been
discussed on at least two prior occasions by the board. The City Attorney read the
following language which appears in the amendment: "A Commissioner may defer his or
her nomination for an appointment for up to two (2) consecutive regular City
Commission meetings. If a Commissioner is not ready to make his or her nomination for
an appointment at the second consecutive regular meeting, regardless of whether the
Commissioner is present or absent at any meeting, the nomination shall rotate to the next
appropriate Commissioner."
Brief discussion between the City Attorney, Vice Mayor Petrolia and
Mayor Glickstein followed regarding the language with respect to a Commissioner being
allowed to defer his or her nomination for an appointment for up to two (2) consecutive
regular City Commission meetings. The City Attorney stated staff will make the
following change: "A Commissioner may defer his or her nomination for an appointment
to the next scheduled regular City Commission meeting. If a Commissioner is not ready
to make his or her nomination for an appointment at the next scheduled regular meeting,
regardless of whether the Commissioner is present or absent at the meeting, the
nomination shall rotate to the next appropriate Commissioner. Under no circumstances
may a Commissioner nomination for an appointment be delayed for more than two
consecutive regular City Commission meetings."
Vice Mayor Petrolia moved to approve the Rules of Procedure for the
City Commission as amended, seconded by Deputy Vice Mayor Jarjura. Upon roll call
the Commission voted as follows: Mr. Jacquet -- Yes; Mr. Frankel — Yes; Deputy Vice
Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion
passed with a 5 to 0 vote.
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10 /07 /14
9.H. PROPOSED OFFER OF SETTLEMENT/PAMELA HUBBELL VS.
CITY OF DELRAY BEACH: Consider a Proposed Offer of Settlement in the total
amount of $130,000.00 in Pamela Hubbell vs. City of Delray Beach. Staff recommends
denial.
Vice Mayor Petrolia moved to deny the settlement offer, seconded by
Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mr.
Frankel — Yes; Deputy Vice Mayor Jai*a — Yes; Mayor Glickstein — Yes; Vice Mayor
Petrolia Yes; Mr. Jacquet — Yes. Said motion to DENY passed with a 5 to 0 vote.
The City Attorney stated this was an accident where a city vehicle hit the
rear of a passenger and there are a lot of records staff would like to obtain and review.
The City Attorney stated for that reason and other reasons discussed in the confidential
memorandum previously distributed to the City Commission dated September 25, 2014
staff recommends denial.
9.I. RESOLUTION NO. 55 -14: TERMINATION OF
CONTRACT/REPUBLIC PARKING SYSTEM AND AWARD OF CONTRACT
TO AMERISTAR PARKING SOLUTIONS: Consider approval of Resolution No. 55-
14; declaring by a four -fifths affirmative vote that Republic Parking System's continued
management of the Old School Square and Federspiel Parking Garages is not in the best
interest of the city and firther resolving the continuation of service is in the best interest
of the city declaring by a four -fifths affirmative vote to enter into a management
agreement with Ameristar Parking Solutions, the second ranked respondent to RFP 2014-
25. Funding is available from 001 - 3151 -545 -34.90 (General Fund: Other Contractual
Services).
The caption of Resolution No. 55 -14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
CANCELLATION OF ITS AGREEMENT WITH
REPUBLIC PARKING SYSTEM DECLARING BY A
FOUR - FIFTHS AFFIRMATIVE VOTE THAT
REPUBLIC PARKING SYSTEM'S CONTINUED
MANAGEMENT OF THE OLD SCHOOL SQUARE
AND FEDERSPIEL PARKING GARAGES IS NOT IN
THE BEST INTEREST OF THE CITY AND FURTHER
RESOLVING THE CONTINUATION OF SERVICE IS
IN THE BEST INTEREST OF THE CITY DECLARING
BY A FOUR - FIFTHS AFFIRMATIVE VOTE TO ENTER
INTO A MANAGEMENT AGREEMENT WITH THE
SECOND RANKED RESPONDENT TO RFP 2014 -25 IS
PROVIDING FOR AN EFFECTIVE DATE.
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10/07/14
(The official copy of Resolution No. 55 -14 is on file in the City Clerk's
office.)
Randal Krejcarek, Director of Environmental Services, stated this item is
for the termination of the parking management contract with Republic Parking System's.
Mr. Krejcarek stated earlier this year the City Commission awarded the contract to
Republic for the management of two (2) garages and the valet service. He stated there
was a concern at that time because of the hourly rate for the valet that they were counting
on tips and they were told tips could not be solicited. Mr. Krejcarek stated Republic is in
the 90 -day probationary period and after discussions, they are requesting and the City
agrees that they should be let go of the contract and the City should go with Ameristar
Parking Solutions who is 92. Mr. Krejcarek stated Ameristar is in agreement to go ahead
and have a one year contract.
The Interim City Manager stated he had a conversation with
Commissioner Jarjura this afternoon and in response to an inquiry from her touched base
with the current provided again and they agreed to what Mr. Krejcarek has indicated.
For the record, Deputy Vice Mayor Jarjura stated given the amount of
discussion that occurred at the June 3, 2014 meeting and the fact that they assured the
City on the record that they could do this and the City went against the local bidder
because they assured staff they could meet this price. Deputy Vice Mayor Jarjura stated
staff asked if they wanted out of the contract but they said no. She stated there are
existing defaults that they that if they put a project on the table that they are going to
stand by what they say on the record to the community.
Vice Mayor Petrolia stated there is parking early on our street by cars that
are employee cars in order to be able to grab spaces; then people who are working for the
vendor take their cars out and park in the very expensive cars that come up. Vice Mayor
Petrolia stated it is not acceptable to her for a vendor to be utilizing space and not
releasing it to those people that are having to park not through the valet system.
The Interim City Manager stated the Clean and Safe Program with the
additional Code Enforcement officers as Ms. Butler has previously indicated that the City
now has people working in the evening hours.
Mayor Glickstein stated it is more than just one valet and noted the valet
program needs attention.
The Interim City Manager stated staff will soon be sending out a
communication to the various locations where there is valet reiterating what the
limitations are and expressing concerns about the reports the City has received in order to
put the valets on notice.
Deputy Vice Mayor Jarjura expressed concern why staff will not let them
finish the contract out to the end of the month so that the City would receive
approximately $6,000 versus $3,000. Mr. Krejcarek stated the majority of the
transactions that happen in the garage are cash it is in the best interest of the City to get
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10/07/14
them out as quickly as possible. Mr. Kreicarek clarified that the 50% (staff knows this
amount because they know what the hours are) of what Republic Parking System has
invoiced the City for their services.
Deputy Vice Mayor Jarjura moved to approve to terminate contract with
Republic Parking System subject to their agreement to pay 50% of invoiced services for
the month of October 2014 to the City of Delray Beach, seconded Vice Mayor Petrolia.
Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes;
Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel —
Yes. Said motion passed with a 5 to 0 vote.
Mr. Frankel moved to approve Resolution No. 55 -14, seconded by Vice
Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein —
Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice
Mayor Jarjura — Yes. Said motion passed with a 5 to 0 vote.
9_J. NOMINATION OF APPOINTMENT TO THE CODE
ENFORCEMENT BOARD: Nomination for appointment of one (1) alternate member
to the Code Enforcement Board to serve an unexpired term ending January 14, 2016.
Based on the rotation system, the nomination for the appointment will be made by
Commissioner Jacquet (Seat 42).
Mr. Jacquet moved to nominate Cory Duncan as an alternate member to
the Code Enforcement Board to serve an unexpired term ending January 14, 2016,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Vice Mayor
Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes;
Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote.
9.K. NOMINATION FOR APPOINTMENT TO THE BOARD OF
ADJUSTMENT: Nomination for appointment of one (1) alternate member to the Board
of Adjustment to serve an unexpired term ending August 31, 2015. Based on the rotation
system, the nomination for appointment will be made by Commissioner Frankel (Seat
#3).
Mr. Frankel moved to nominate Bryan Weber as an alternate member to
the Board of Adjustment to serve an unexpired term ending August 31, 2015, seconded
by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet Yes; Mr.
Frankel Yes; Deputy Vice Mayor Jarjura Yes; Mayor Glickstein Yes; Vice Mayor
Petrolia — Yes. Said motion passed with a 5 to 0 vote.
9.L. NOMINATION FOR APPOINTMENT TO THE POLICE
ADVISORY BOARD: Nomination for appointment of one (1) regular member to the
Police Advisory Board to serve an unexpired term ending July 31, 2015. Based on the
rotation system, the nomination for appointment will be made by Commissioner Frankel
(Seat #3).
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10/07/14
Mr. Frankel expressed concern that this board has had no meetings this
year and asked why this board is necessary.
Mayor Glickstein requested staff to give the City Commission some
guidance at the next meeting on those two boards (Police Advisory Board and PERC) as
to whether or not they need to continue as a formal advisory board.
Deputy Vice Mayor Jar ura suggested that staff look into other boards as
well with the same situation.
Mayor Glickstein concurred with Deputy Vice Mayor's comments that the
City Commission direct staff to look at whether there are any other boards that do not
need to be formal advisory boards but that they can be formed on an "Ad hoc" basis as
needed between staff and citizens if that particular need arises.
The Interim City Manager stated staff also needs to provide the City
Commission with as much information as they can about what was the original intent
with the board so that will help the City Commission determine whether or not there is a
public policy benefit to continuing it and that way it is not just about whether or not the
board has been active but whether or not staff needs to do more to get the board what it
was supposed to do.
Mr. Frankel moved to table Item 9.L., seconded by Deputy Vice Mayor
Jarjura. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Deputy
Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr.
Jacquet Yes. Said motion passed with a 5 to 0 vote.
9.M. NOMINATIONS FOR APPOINTMENT TO THE GREEN
IMPLEMENTATION ADVANCEMENT BOARD: Nominations for appointment of
two (2) alternate members to serve unexpired terms ending July 31, 2015 to the Green
Implementation Advancement Board. 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 nominate Anne Kingsbury as an alternate member
to the Green Implementation Advancement Board to serve an unexpired term ending July
31, 2015, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as
follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor
Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0
vote.
Deputy Vice Mayor Jarjura moved to nominate Katherine Lembovski as
an alternate member to the Green Implementation Advancement Board to serve an
unexpired term ending July 31, 2015, seconded by Mr. Frankel. Upon roll call the
Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr.
Jacquet Yes; Mr. Frankel Yes; Deputy Vice Mayor Jarjura — Yes. Said motion passed
with a 5 to 0 vote.
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10/07/14
9.N. NOMINATION FOR APPOINTMENT TO THE EDUCATION
BOARD: Nomination for appointment of one (1) student member to serve an unexpired
term ending July 31, 2015 to the Education Board. Based on the rotation system, the
nomination for appointment will be made by Commissioner Jar ura (Seat 44).
Deputy Vice Mayor Jarjura moved to nominate Nikkie Dugan as a student
member to the Education Board to serve an unexpired term ending July 31, 2015,
seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice
Mayor Petrolia Yes; Mr. Jacquet Yes; Mr. Frankel -- Yes; Deputy Vice Mayor Jarjura
— Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote.
9.0. RESOLUTION NO. 54- 14/ESTABLISHING ZONING IN
PROGRESS AS OF OCTOBER 7, 2014 WITH RESPECT TO ADOPTION OF
NEW LAND DEVELOPMENT REGULATIONS FOR THE CENTRAL
BUSINESS DISTRICT AREAS: Consider approval of Resolution No. 54 -14;
recognizing that the City of Delray Beach is considering amendments to the City's Land
Development Regulations (LDR) for the Central Business District (CBD) Areas;
invoking the zoning in progress doctrine with respect to the (Land Development
Regulations (LDR) amendments; providing that, from the date of adoption of this
resolution and during the pendency of the City's consideration of the Land Development
Regulations (LDR) amendments, the City will defer the processing and approval of all
applications for any development or uses inconsistent with the Land Development
Regulations (LDR) amendments. (ADDENDUM)
The City Attorney stated the City has been in a "zoning in process" status
In November 2013, the City Commission entered in an agreement with the Treasure
Coast Regional Planning Council (TCRPC) to do an update of the LDRs for the Central
Business District areas. The City Attorney stated TRPC did that update which continues
to be a work in progress and there was a presentation to this City Commission where it
was conceptually described to this board; at least fifteen (15) stakeholder meetings have
occurred over the past several months culminating most recently in a presentation to the
Planning and Zoning Board (Monday, October 6, 2014). Pursuant to the LDRs, before
the City Commission undertakes any text amendments to the LDRs, the City Commission
is required to submit to Planning and Zoning for a recommendation. The City Attorney
stated under the current timeframe the City Commission is looking at adopting the LDRs
sometime in November. The City Attorney stated the resolution provides that complete
applications for development for uses in the CBD area that were submitted on or before
the effective date of the resolution that are otherwise consistent with the proposed
amendments shall be processed normally pursuant to the LDRs currently in place. The
City Attorney stated anyone who submitted a completed application will not be affected
by this.
Mayor Glickstein stated Treasure Coast Regional Planning Council had
approximately 16 -17 public noticed meetings (which includes last night) and there were
public Town Hall meetings last year with the subject matter being the LDRs. He stated
this has been at the forefront of this Commission for nearly 18 months. Mayor Glickstein
stated it is hard to imagine a more text book example of when "zoning in progress" would
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be appropriate because there are coming into the process late and as Mr. Michaels stated
may feel penalized because of an acquisition large or small that is inevitable. Mayor
Glickstein stated if the changes that they were not making significant, staff would not
have had the review process that they have had. He stated someone made a point that
because the changes are so significant that this is essentially a new Code and that the City
should not do it this way, but that is precisely why the City is doing it this way. Mayor
Glickstein stated the reason this process is in place is to avoid just that. He stated any
application submitted today need to be complete applications to avail themselves of the
laws that deal with "zoning in process ". Mayor Glickstein stated the City has been
working on this for quite some time, newspaper articles, on the . City's website, and
ongoing meetings. Mayor Glickstein stated the City is well into this process and if
someone is so inclined not to agree with what the new rules are then they need to submit
their completed applications now and that process has been for over 18 months. Mayor
Glickstein stated it is hard for him to understand how this process is unfair.
From statements made by Mr. Carney and Mr. Michael, Deputy Vice
Mayor Jarjura stated the City is not stopping all applications from coming in, but only
applications that are inconsistent with the proposed LDR amendments.
Brief discussion between the City Attorney and Deputy Vice Mayor
Jarjura followed. The City Attorney stated if he and Mr. Little would think that there was
any basis that those applications might be subject to review or revision by the Board they
would probably take a conservative approach and not approve them. However, the City
Attorney stated if there is a relatively small development that they think in all likelihood
would not be affected, that might be something the City might be able to consider.
Deputy Vice Mayor Jarjura suggested that the time period be less than six
(6) months to give some motivation to get this done and finalized.
Mr. Frankel stated he feels this should have been on the Agenda when the
original Agenda was published rather than added as an addendum.
Mr. Jacquet stated the City started looking at this quite some time ago and
Mr. Knight expressed concern that it was potentially being unfair to those who are
applying for certain things because there are a number of people who have properties and
unware that the City was going to do these changes and now that the City is going
forward with these changes, some people wanted more time. With regard to the time,
Mr. Jacquet stated it is fair because the City has given ample amount of time and plenty
of notice. Mr. Jacquet stated he was against the moratorium because people needed
notice but they have had time and notice. Mr. Jacquet stated for this item to be place into
the Agenda at the last hour he feels undermines the fairness of this entire process and for
that reason only he cannot support this.
However, Mr. Jacquet concurred with comments expressed by Mr. Frankel
and stated for that reason only he cannot support this because of when the City
Commission received the addendum information.
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Deputy Vice Mayor Jarjura stated this is not a moratorium but this is just a
moratorium on development applications that are contrary to the direction that the City
has been going forward with for in 18 months.
Mr. Jacquet stated the City Commission receives the packets a week prior
to the meetings because they have asked for this to give them time to review it versus
receiving the agenda packets the Friday prior to the City Commission meeting.
Mr. Frankel stated the item was added at the close of business on the
Thursday and expressed concern over the public being able to respond, comment, and
know is going on.
For clarification as to why this item was on the Agenda as an addendum
the way it was, Mayor Glickstein stated there were discussions between him, the
Planning and Zoning Director, and the City Attorney. Mayor Glickstein stated there was
precedent on this Commission with the exception of Deputy Vice Mayor Jarjura to do
what is being done here in the sense that as Commissioner Jacquet brought up when the
former Planning Director brought up the moratorium which the City Commission
discussed, debated, and ended up deciding to table it until a new Planning Director was
hired at the request of the City Manager. Mayor Glickstein stated staff and the
Commission had specific discussions at that point where people from the public were
concerned about this very issue. Mayor Glickstein stated the Commission as a board
debated when the "zoning in process" would be affective and he believes there was
unanimity that it would occur at the first Planning and Zoning meeting. Secondly, Mayor
Glickstein stated the fairness that everyone is speaking about in terms of a "zoning in
progress" is exactly what this highly land use planning tool is used for which is to prevent
a long notice period. Mayor Glickstein stated "zoning in progress" is done in exactly this
way to prevent the rush of incomplete applications. He stated in looking at the law of
"zoning in progress" and if you agree that there is an element of fairness to the process in
that there has been adequate notice of a land use process changing, then you have
established the only criteria for this to happen.
Brief discussion between Commission Jacquet and Mayor Glickstein
followed.
The City Attorney stated he spoke with Mr. Little and there is an increase
in the frequency of calls from the development community expressing concern about
when and how they might be subject to do the LDRs. The City Attorney reiterated that
the City is currently in a "zoning in progress status" and by that he means legally that if a
developer walked in last week with a development the City Commission would have the
legal right to say that the City is in a "zoning in progress status" meaning that staff can
accept the application but it is going to be subject to the new LDRs.
Mr. Jacquet stated if the Planning and Zoning Department and the City
Attorney's office decide that this is the right time to do this because of the issues the City
highlighted 18 months ago then he agrees.
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The Interim City Manager stated he did discuss this with the Mayor and a
portion of that discussion was a debate about bringing this resolution forward in this
meeting and the Mayor expressed the progress that this has taken previously as to
whether or not to enact this "zoning in progress" previously and a decision not to do so,
and some criteria (which the Mayor has laid out today). Based upon that, the Interim
City Manager stated he was in full agreement with moving this resolution forward in the
late hour. The Interim City Manager stated the outgrowth of getting things in at the last
minute is that what comes down to the debate is there is such a mad rush to get the item
in at all costs, there is then the debate as to whether or not it is actually complete and
adequate. The Interim City Manager stated this would allow staff to do so.
It was the consensus of the City Commission to shorten the "zoning in
progress" timeframe from 120 days (4 months) instead of 180 days (6 months).
Deputy Vice Mayor Jarjura moved to approve Resolution No. 54 -14 as
amended, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as
follows: Mr. Jacquet — Yes; Mr. Frankel — No; Deputy Vice Mayor Jarjura Yes; Mayor
Glickstein -- Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 4 to 1 vote,
Commissioner Frankel dissenting.
10. PUBLIC HEARINGS:
11.
A. None
FIRST READINGS:
11.A. ORDINANCE NO. 28 -14: An ordinance amending Chapter 32,
"Departments, Boards and Commissions ", of the City Code of Ordinances by amending
Section 32.15 through Section 32.20, to provide that all future appointed City board
members will now serve at the pleasure of the City Commission; specifically excluding
certain City boards whose membership and removal are governed by state statute or
special law. If passed, a public hearing will be held on October 21, 2014.
The caption of Ordinance No. 28 -14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 32, "DEPARTMENTS,
BOARDS AND COMMISSIONS ", OF THE CODE OF
ORDINANCES; AMENDING THE RULES FOR
REMOVAL FOR MEMBERS OF CITY BOARDS;
AMENDING SECTION 32.15, "DEFINITIONS ",
AMENDING SECTION 32.17, "GROUNDS FOR
REMOVAL ", PROVIDING FOR A TRANSITION
PERIOD FOR EXISTING MEMBERS OF CITY
BOARDS; REPEALING SECTION 32.18
"PROCEDURE" IN ITS ENTIRETY; AND BY
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REPEALING SECTION 32.19 "VOTE NECESSARY
FOR REMOVAL" IN ITS ENTIRETY, PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 28 -14 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated this
ordinance provides that for all Advisory Board members subject to this ordinance
appointed after the effective date of the ordinance, they may be removed by the majority
vote of the Commission without cause at any time. The City Attorney stated the
exception to this ordinance would be Board members whose appointments are governed
by State Statute special laws. For example, Code Enforcement, CRA, DDA, and the
Delray Beach Housing Authority have very specific rules. The City Attorney stated some
boards have elected members (i.e. Civil Service Board, Police and Fire Pension Board)
thus these members can only be removed for cause. Lastly, the City Attorney stated
anyone currently serving on a board would be able to fill their term under the old rules
because there is case law that says they are entitled to that.
Deputy Vice Mayor Jarjura questioned Section 32.17(4)(i) "The City
Commission may suspend an elected City Board member for an arrest for a felony, or
arrest for a misdemeanor related to the duties of office." For clarification, the City
Attorney stated it is arrest for any felony or misdemeanor related to the duties of office.
Vice Mayor Petrolia expressed concern over the ordinance.
Mayor Glickstein stated if a simple majority can appoint somebody to a
position, then a simple majority should be able to remove them as well. He stated what
triggered this originally was complaints from board chairs about conduct not becoming a
board member. Mayor Glickstein reiterated that if a simple majority appoints then it
should be the same simple majority that removes.
Deputy Vice Mayor Jarjura stated she concurs with comments expressed
by Mayor Glickstein that this ordinance is to address board members behaving in a way
that the City Commission thought was not a proper representation of the city. She stated
it is disrespectful to the process to be on a board and not attend or not be prepared for it.
Deputy Vice Mayor Jarjura stated this is not to address the dual office holding issue.
Mr. Jacquet stated he agrees that if a simple majority appoints a board
member then that same majority should be able to remove that board member. He stated
the discussion came up when the City Commission was discussion some behaviors that
were unbecoming of board members. Mr. Jacquet stated even though the City
Commission should have the authority to remove anyone with the simple majority he
does not agree it should be at the pleasure of the City Commission.
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Mayor Glickstein suggested that the language of the ordinance be more
significant in terms of giving guidance.
The City Attorney stated when he prepared this ordinance he surveyed
many local communities and there are some communities that say you can terminate for
no reason and there are others that have for cause. The City Attorney suggested that
there be a standard that might sound reasonable.
The City Commission expressed concern that they do not want the
language of the ordinance to state "at the pleasure of the City Commission."
The City Attorney stated he can streamline the ordinance and replace
language to read as follows with respect to removal of a board member state "if the City
Commission decides that the conduct is unbecoming of a Board member on and off the
dais."
Mayor Glickstein stated that language forces the City Commission more
of a discussion about what that conduct "unbecoming" means.
Mr. Frankel moved to approve Ordinance No. 28-14 on First Reading,
seconded by Deputy Vice Mayor. Upon roll call the Commission voted as follows: Mr.
Frankel Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor
Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
12. COMMENTS AND IN UIRIES ON NON - AGENDA ITEMS.
12.A. City Manage
None.
12.B. City Attorney
The City Attorney stated one of the first things he has done internal is
restructure his office; changed the organizational chart of his office to remove the Police
Legal Advisor, the Police Department and place them under the City Attorney and the
budget for that position likewise has been removed from the Police Department and
placed under the City Attorney; hired an additional Assistant City Attorney Michael
Dutko to replace Ms. Pyburn. The City Attorney stated right before he arrived there was
30 year paralegal who retired and that left three (3) attorneys and three (3) paralegals and
he will reclassify that to an entry level position and try that for a year and see if there is
both the workload and capacity. The City Attorney stated his first week he had to
finalize both the Vinnie Gray settlement and Mr. Chapman's release and settlement for
the following three (3) ordinances have come out of his office: (1) puppy mill
moratorium (2) marijuana dispensary moratorium, (3) amend the removal process for the
city board members. In addition, the City Attorney stated he prepared at the request of
the City Commission and received responses for two (2) Inspector General ethics
opinions; uploaded on the Agenda and the Commission will have on October 21, 2014 a
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proposed amended and restated development agreement for Atlantic Crossing; worked
with Mayor Glickstein on the first draft of a letter to the Department of Justice on sober
homes; reviewed the LDRs for the Central Business District (CBD) and trying to get
feedback from Mr. Little with respect to the "zoning in progress" resolution; restricted
Iabor counsel responsibilities and has spent a lot of time preparing for the Collective
Bargaining Agreement; published the Solid Waste RFP; two (2) personal injury cases that
are scheduled to go to trial over the next several months and many more pending. The
City Attorney stated the routine work is enormous and includes signing off individually
on Agenda items every two (2) weeks; the volume of agreements that pass through the
City Attorney's office. The City Attorney briefly discussed the following goals for the
next ninety (90) days: (1) needs to have a much more comprehensive and thorough
understanding of Auburn Trace and believes there are some policy decisions the City
Commission needs to make with respect to that project; (2) he has been asked to review
the agreements for the tennis center, (3) drafting an ordinance with respect to regulate
kratom (herbal supplement) a naturally occurring substance that is not illegal to possess.
Mayor Glickstein commended the City Attorney for everything he has
accomplished over the last three (3) months and stated he has been impressed from day
one with Mr. Pfeffer's performance. Mayor Glickstein stated somebody made a
comment to him that Delray Beach has the finest legal team in the County and he would
suggest that we do even beyond the County in terms of the skill sets that we are bringing
to a multitude of very complex issues.
Deputy Vice Mayor Jarjura concurred with comments expressed by Mayor
Glickstein. Furthermore, Deputy Vice Mayor Jarjura stated Mr. Pfeffer brings a depth of
experience and knowledge to this city she is grateful for. With respect to Commissioner
Frankel's point earlier about all the retroactive approvals, Deputy Vice Mayor Jarjura
stated the reason we have so many of these is because of the City Attorney identifying
them when he receives the Agenda review each week.
12.C. City Commission
12.C.1. Mr. Frankel
Mr. Frankel stated he is very impressed and thanked the City Attorney for
his work.
Secondly, Mr. Frankel stated there was a historic home demolished on the
200 block of North Swinton Avenue (west side) and asked the City Manager for some
information on what occurred. Vice Mayor Petrolia stated the Commission allowed for
this property to be subdivided into two (2) pieces of property and there was a historic
building that in the center and the Commission decided because they were going to move
it over to one side and build on the other that they would give way to allow for the
smaller than normal lot size. She stated the way they were trying to move the structure
caused it to fall and it had to be demolished because of the fact that the structure became
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unsound. Vice Mayor Petrolia stated the result of that is that they are going to build a
replica in the lot that they originally had planned on moving it to.
With respect to the new parking garage, Mr. Frankel suggested that the
new company get an iphone and get Square Mobile Credit Card System (iPhone credit
card reader) and take credit card payments so there is a record of payments versus dealing
with cash.
Lastly, Mr. Frankel wished all the Jewish residents L'shana tovah (Jewish
New Year).
12.C.2. Deputy Vice Mayor Jariura
Deputy Vice Mayor Jarjura stated when she met with the Interim City
Manager and the City Attorney today and saw the Agenda for the October Workshop and
asked when the City Commission's Goals and Objectives Workshop was going to be.
Deputy Vice Mayor Jarjura suggested that the Commission get a consensus to set a
Special Meeting to do Goals and Objectives so that when the City moves into the new
budget year on the new process the Commission has a clear outline of what everyone
wants to see.
Mayor Glickstein requested that Delores Rangel, Administrative Assistant
start initiating telephone calls and coordinate dates for a meeting with respect to the City
Commissions Goals and Objectives. Mayor Glickstein stated he would like this meeting
to be noticed and held during the day. It was the consensus of the City Commission to
hold the first meeting with only the City Commission, the Interim City Manager, and the
City Attorney and then at a second meeting invite department heads.
Lastly, Deputy Vice Mayor Jarjura stated AVDA's Race for Hope is on
Saturday, October 11, 2014 and she will be participating in it.
12.C.3. Vice Mayor Petrolia
Vice Mayor Petrolia stated this Commission agreed to allow the split of
the property in the 200 block of North Swinton Avenue with the agreement that the house
be saved and moved over to occupy one of the lots. She stated in the process of moving
the structure was determined to be unstable and had to be demolished and the builder
agreed to replica it. However, Vice Mayor Petrolia stated that is not what this
Commission agreed to when the approved to split the lot. She inquired as to what
happens when a historic home is not able to be moved or is destroyed in the process.
Vice Mayor Petrolia stated this sets a precedent for a person to not do a great job of
moving and then the structure was gone. Also, with regard to the historic properties,
Vice Mayor Petrolia stated Code Enforcement is coming up as an issue and stated she has
received several emails where it has become clear that there is little the City can do to
preserve historic properties. She expressed concern that the City is losing homes by
neglect. Vice Mayor Petrolia asked that the Historic Preservation Board look into this
and stated there are rules and ordinances in other areas of the country and state that are
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10/07/14
very strong. She suggested that the City look at adopting those to make sure the City can
enforce and make sure we have the ability to make sure we are not losing these
structures.
Secondly, Vice Mayor Petrolia stated she attended the Southeast Florida
Regional Compact on Climate Change Conference last week. She stated the question to
the City is "What can we do now to prepare what will likely become one of the City's
greatest challenges in the future ?" Vice Mayor Petrolia stated the focus on all the changes
including the LDRs needs to take into consideration that within the next several decades,
we will be a city facing at least some of these issues. Vice Mayor Petrolia stated she
received an email from Nancy Snyder who is also very involved in the Southeast Florida
Regional Compact on Climate Change and is a City board member and came before the
City Commission in January 2014 with information on how we can work towards
keeping our citizens with the best possible flood rates. Vice Mayor Petrolia stated Ms.
Snyder indicated in her email that her flood bill was increased by $200 because we are
rated 9th in the community rating system according to FEMA and out of 216 communities
out of the state Delray Beach is one of only 6 to be rated 9; the rest are rated 8 and below
and each of those steps is a 5% decrease in the insurance rate. Vice Mayor Petrolia stated
John Morgan, the City's Sustainability Officer (who also attended the conference) is
moving in the right direction but she feels there should be more of push to get that done.
With respect to trains, Vice Mayor Petrolia stated at the City Commission
September Workshop meeting, Florida All Aboard gave a presentation about the fantastic
idea of passenger trains servicing Orlando in the timeframe about what a passenger car
would be able to make it. She stated the train service pricing and the ridership totals were
missing from the formula. Vice Mayor Petrolia stated $1.6 million in taxpayer loans to
build these lines stacked on top of hundreds of millions of taxpayer dollars to be spent on
crossing upgrades. She stated now everyone has been told that FRA (Federal Railroad
Administration) would love to see the Tri -Rail come to the eastern tracks but there is no
guarantee but there is going to be additional freight trains that are going to be sharing the
new tracks with FRA. Vice Mayor Petrolia stated the City Commission discussed this
issue and she expected to see something in the Agenda tonight that would make the
Commission's position known. She stated Mayor Glickstein wanted the issue to come
back before the City Commission as a resolution when the majority of the Commission
was present. Vice Mayor Petrolia stated she would like the support of the Commission to
ask that the City explore resolutions passed in neighboring towns and have Delray Beach
take a stand on this issue. Furthermore, Vice Mayor Petrolia asked the Commission to
support her in the effort to have this resolution ready to be voted on objecting to the FRA
as it is currently proposed at the next regular meeting.
12.C.4. Mr. Jacquet
Mr. Jacquet stated with regard to a previous comment he made at the
September 16, 2014 City Commission meeting about the site visibility triangles and he
delineated the area that he was thinking about and noted more specifically that it is the
Osceola Park neighborhoods that involve the number of developments that are being
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10/07/14
constructed (i.e. Uptown, SOFA Building #1 and #2, the Strand, etc.) from Swinton
Avenue to Federal Highway and from Atlantic Avenue to 10th (not the residential but
mostly the business corners).
12.C.5. Mayor Glickstein
With respect to Delray Beach taking a stand on this issue and that the City
support a resolution, Mayor Glickstein stated he is not aware of any city in Palm Beach
County or Broward County that has hashed resolutions in connection with this. Mayor
Glickstein stated the only cities that have objected to All Aboard Florida are north of
Palm Beach County. He stated the people in the tri- county area view the commuter rail
as a benefit; there is no benefit to the counties north of Palm Beach County. Mayor
Glickstein stated there has been a myriad of resolutions north of Palm Beach County and
All Aboard Florida has been loose with the facts so has Not All Aboard Florida. He
stated this is evolving very quickly. For example, Mayor Glickstein stated he received a
notification today from All Aboard Florida that they will no longer be seeking Federal
rail authority and that they will be seeking financing through private sources only.
Mayor Glickstein stated if the City Commission wants to support a resolution that they
wait until they have some presentation of the Environmental Impact Study that was just
concluded. He stated some of the quiet zone funding issues has been resolved in the last
couple of weeks; the information the City Commission received at that Workshop is now
dated information. Mayor Glickstein stated he is not ready to take a position on this at
this point and feels this is premature.
Mr. Jacquet stated he concurs with comments expressed by Mayor
Glickstein that this is premature.
Mayor Glickstein stated a comment was brought up this evening about
dis- allowing left -hand turns traveling eastbound on Atlantic Avenue between Swinton
Avenue up until Federal Highway. Mayor Glickstein stated he inquired to the City
Engineer prior to this and was informed that they studied this and that they determined
pedestrians moving in an east/west direction were the obstacle for cars to make the left -
hand turn. He stated he does not believe the delays are because of pedestrians; in
particular on 2"d Avenue that may be the case but there are other streets where that left -
hand turn is backing up traffic and relative to trains and everything else the city is going
to be dealing with he feels that is something that the city can look at.
Mr. Frankel stated the City Commission voted to make 2nd Avenue no left
turn.
Mayor Glickstein asked staff to research this because it forces people that
would otherwise be making those left turns to use the by -pass roads.
With regard to tickets being issued by sworn Police Officers on the beach,
Mayor Glickstein stated the City has plenty of volunteers (i.e. Code Enforcement, etc.)
that can assist with that rather than using sworn Police Officers to do that.
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10/07/14
Mayor Glickstein stated he received an email from Bill Nix a retired long-
time Delray Beach resident who is very involved with the Palm Beach Cultural Council
and has spent a lot of time walking West Palm Beach and Delray Beach. Mayor
Glickstein stated Mr. Nix's point was for all the talk about walkability is that this city is
predisposed not to the pedestrian but to the restaurant. He stated the City Commission has
talked numerous times about the encroachment issues. For example, Mayor Glickstein
expressed concern over the outdoor dining (tables and chairs) along the road outside The
Office restaurant (located at the intersection of N.E. 2nd Avenue and Atlantic Avenue)
and he expressed concern over this being a safety issue because he feels if a driver loses
control of their vehicle the City would have a tragedy. Mayor Glickstein reiterated that
he does not understand why people are being allowed to sit next to this road for not only
safety reasons but also between the people at the bar and the tables you cannot walk by.
Mayor Glickstein stated we need to be making this downtown pedestrian priority as
opposed to restaurant seating and lounge priority. Mayor Glickstein requested that the
Police Department, Planning and Zoning, and Code Enforcement look into this because
whatever is being done now is inadequate and it is not just because there is no Code
Enforcement presence downtown at nighttime. He stated there is an understanding in the
restaurant community that their rights trump that of the pedestrian and noted this is not
the first time that the Commission has discussed this. Mr. Frankel stated he concurs with
comments expressed by Mayor Glickstein that the Commission has previously discussed
this and noted that this was a staff decision to allow tables /chairs street side and spoke
about a previous incident in the past where a driver came up on the sidewalk and took out
the cars injuring some people. Mayor Glickstein stated the ambience that the outdoor
dining adds to the city should not be minimized; however, he feels that is secondary to
pedestrians and public safety. He stated the City needs to change its philosophy on the
entire sidewalk cafe ordinance and the ordinance needs to be completely re- written from
a pedestrian first policy.
Mayor Glickstein stated there was a newspaper article on October 5, 2014
in the Sun - Sentinel about how little the cities and county are spending on repaving
specifically to Delray Beach which only spends about 10% of what it should be spending
every year on road repairs and maintenance.
Mayor Glickstein made reference to a newspaper article there was an
article in a local newspaper regarding this Commissions position on the hiring of the City
Manager and stated the article lacks context. Mayor Glickstein stated the quote read "It's
his (Mr. Stewart's) job to lose." Mayor Glickstein stated the context of that did a
disservice to the community and to the applicants that the City has for this position in that
this is nobody's job to lose and this is the best applicants' job to win. Mayor Glickstein
stated he was informed that there were nearly 100 applicants (includes the current Interim
City Manager). For clarification, Mayor Glickstein stated this is one of the most
important decisions this City Commission is going to make and expressed concern that
the article made it seem like this was foregone conclusion and it is not. He stated this
process promotes transparency and regardless of gender or ethnicity may the best woman
win based on their merits not by who is here now.
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Lastly, Mayor Glickstein also wished all the Jewish residents L'shana
tovah (Jewish New Year).
Mr. Jacquet commented about the email Mayor Glickstein received from
William Nix.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 9:38 p.m.
ATTEST:
YOR
r,
Act' City Clerk
The undersigned is the Acting 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 October 7, 2014, which Minutes were formally approved and adopted by the City
Commission on March 3, 2015.
AA&A�6fj-,��
ting 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.
I
1.0107/14
IN THE CITY COMMISSION
CHAmBr:RS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION.
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR SIGNAGE FOR DEPOT SQUARE APARTMENTS
1. This waiver request came before the City Commission on October 7,
2014.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for Depot Square
Apartments at the corner of Lake Ida Road and Depot Avenue. All of the evidence is a
part of the record in this case_ Required findings are made.: in accordance with
Subsection I.
I.. - 1NAIVER.— P_ursuant__to LDR -Section _2.47(13)(5), -prior to _granting_. a- waiv__er;...the..
approving: body .shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and;,
(d) Does not result in the grant Of a special privilege in that the same
waiver would. be granted under similar circumstances on other
property for another applicant or owner.
A. Waiver to LDR Section 4.6.70)(2)
Pursuant to LDR Section 4.6.7(J)(2); off. premises signs, which are signs
that advertise an. establishment which is located at a place other than the
property on which the sign is located, are prohibited.
Should the waiver to Section 4.6.7(;J)(2) for a monument sign
pro. posed for the corner of Lake Ida Road and Depot Ave be granted?
Yes 4 No 1
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10/0712014 CC Meeting; Item 9.A.
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence, to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
Competent Witnesses supporting these findings.
5.. Based on the entire record before it, the City Commission
approves + denies this waiver request.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 7th day of October 2014,. by a vote of 5. i or opposeol,
ATTEST; Cary D. GH41sigh Mayor
Chevelle Nubin, City Clerk
.2
10107/2014 CC Meeting; Item 9.A.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUESTS FOR MINDFUL MANAGEMENT
AT 280 & 290 PINEAPPLE GROVE WAY
1. This waiver request came before the City Commission on October 7,
2014.
2, The. Applicant and City staff presented documentary evidence and
testimony: to the City Commission pertaining to the waiver requests for Mindful
Management at 280 and 290 Pineapple Grove Way. All of the: evidence is a part of the
record in this case. Required findings are made in accordance with Subsection I,.
I. WAIVERS Pursuant to LDR Section 2.4..7(B)(6), prior to granting a waiver, the
approving body shall make a finding that the granting of the waive:
(a) Shall not adversely affect the neighboring, area;
(b). Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on other
property for another applicant or owner.
A. Waiver to LDR Section 4.6'9(d)(3)(b)
Pursuant to LDR Section 4.6.9(D)(3)(b), the point of access to a street or
alley shall . not be less than 20'' for a: private: driveway. The applicant is
proposing a driveway that has a point of access that is 12' wide.
Should the waiver to Sectleh.4.6.9(D)(3)(b) be granted?
Yes 4 No 1
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10107/2014 CC Meeting; Item 9.13.
B. Waiver to LDR Section 4.4;13 F 4 1
Pursuant; to LDR Section 4.4.13( )(4)(fl(1), the front setback area shall be
finished with paving materials to match the existing sidewalks within the adjacent
right -of - way. The: applicant is requesting a waiver to this requirement.
Should the waiver-to Section 4.4.13(F)(4)(f)(1) be granted?
Yes 5 No 0
3. The City Commission has applied the Comprehensive Plan and. LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record .including . but not limited. to. the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire" record before it;. the City Commission
approves ✓ denies - these waiver requests.
6. Based on the entire record before it, the City Commission hereby adopts
.this Order this 7th day of October 2014, by a vote of 5in f a opposed.
ATTEST: Cary D. is tei Mayor
Chevelle Nubi.n, City Clerk.
2
10/07/2014 CC Meeting; Item 9.8.