09-16-14 Regular Meeting MinutesSEPTEMBER 16, 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, September 16, 2014.
1. Roil 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
Chevelle D. Nubin, City Clerk
2. There was no opening prayer because Reverend Gannon was absent.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. APPROVAL OF MINUTES:
None.
5. PRESENTATIONS:
None.
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.
The Interim City Manager stated Commissioner Frankel indicated that he
received complaints about people residing and hanging out at the beach pavilion. The
Interim City Manager stated the Police Department will be examining that and following
through on a routine basis.
With regard to a comment expressed by Deputy Vice Mayor Jarjura, the
Interim City Manager stated she hopes staff will make a commitment to duties that we
already do and maintain them with the concentration on education. He stated Deputy
09/16/14
Vice Mayor Jarjura indicated that the City will be looking to continue with the "Spotlight
on Education" and the first presentation will be on Tuesday, October 21, 2014. The
Interim City Manager stated Bill Fay, Principal of Banyan Creek Elementary School and
Rona Tata, Principal of S.D. Spady Elementary.
Vice Mayor Petrolia requested an update on the OIG internal audit, the
Interim City Manager stated he spoke with Mr. Dennis Schnidel, Managing Auditor for
the Commission's review and he indicated that the ongoing results of an audit are
confidential according to state law. The Interim City Manager stated Mr. Schnidel asked
him to inform the Commission that he is receiving complete and cordial cooperation from
City staff and his work is ongoing.
With respect to Mayor Glickstein's concern about children walking along
the sidewalk on Barwick Road from Lake Ida Road to Banyan Creek Elementary School,
the Interim City Manager stated the Environmental Services Department has brought him
four (4) alternatives that staff would like to meet with the Commission about this over the
next few weeks to discuss and get their recommendation.
With regard to Vice Mayor Petrolia comments expressed about a green
light out on Swinton Avenue and N.W. 2nd Street, the Interim City Manager stated staff
contacted the County the very next morning (Friday, September 5, 2014).
With regard to a concern expressed by Commissioner Jacquet about the
need for sidewalks along S.W. 10d' Street near Calvary Bible Alliance Church (across
from the cemetery) and the need for sidewalks on the south side, the Interim City
Manager stated when the CDBG (Community Development Block Grant) funding
becomes available sidewalks in this location will be a top priority.
With regard to a concern expressed by Mayor Glickstein about complaints
he has received about restaurants and lounges being very aggressive on handbills
especially on the weekends by corralling people (particularly young women) into their
establishments, the Interim City Manager stated Code Enforcement officers are now
doing a rotational schedule of evening hours in the downtown area to address any and all
panhandling with a particular emphasis on businesses located between Swinton Avenue
and the railroad. The Interim City Manager stated this past weekend one of the officers
observed aggressive panhandling of a taxi driver and the situation was handled
successfully and the person is discontinued. The Interim City Manager stated Code
Enforcement officers will be in the downtown area on Thursday and Saturday evenings
this week and staff will address any and all activity on this subject in partnership with the
Clean and Safe officers.
With regard to Mayor Glickstein's suggestion about employees receiving
Veteran's Day off as a paid holiday, the Interim City Manager stated this is being brought
forward on tonight's Agenda. In addition, Mayor Glickstein suggested that the City do
more to recognize and honor its veterans, the Interim City Manager stated staff has
contacted the VFW and other organizations to put together a celebration.
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With regard to Mr. Blum's concerns about items on the Consent Agenda
that he felt should be on the Regular Agenda also expressed concern about the Bank of
America item (renewal of a contract), the Interim City Manager stated staff is in
agreement in part with Mr. Blum's email to the City Manager sent September 5, 2014 in
which he urged the City to renew the contract and immediately initiate a procurement
process and staff agrees that extending the current contract is the best course of action
and initiating procurement before fully understanding the City's banking needs would be
an irresponsible waste of resources.
The Interim City Manager welcomed the City's new Treasurer Theresa
Cantore after 13 years of accounting as Treasury Manager at Office Depot Headquarters
where she was responsible for several of their banking relationships. The Interim City
Manager stated staff is confident that Terry will use her private sector banking
background immediately to rationalize and upgrade the City's banking processes and
procedures. Furthermore, the Interim City Manager stated this will give the City a sound
foundation for banking services /procurement the City will initiate during the next two (2)
years.
The Interim City Manager stated Debra Kaiser indicated that she attended
the City's Resident's Academy and served on the Education Advisory Board for S out of
11 years. Ms. Kaiser read a brief statement into the record and stated they need
assistance from the City Commission to bring funding to the schools. In addition, the
Interim City Manager stated Marlene Brown spoke on this same issue and she is an active
volunteer with the school system for 30 years. Both of these individuals are looking for
the City Commission's continued support of the educational issues in the city particularly
around the campaign for grade level reading and to encourage the Commission to provide
resources and funding to help change the academic outcome of low income children. The
Interim City Manager stated he met with the Principal of the Village Academy Guam
Sims and learned about its connection to the community. Mr. Sims commented that you
seldom see cities get involved with education in the State of Florida and he feels the way
that Delray Beach does and he feels it is a great example of the City's involvement in
education.
With regard to comments expressed by Ms. Morrison about Item 9.B.,
Contract for Purchase and Sale between Delray Beach and Cannery Row, LLC about the
desire for the City to acquire properties of this nature, the Interim City Manager stated the
Planning and Zoning Department supports provisions for small urban parks and public
open spaces particular in more urbanized areas of the downtown. The proposed revisions
to the Central Business District Land Development Regulations specifically address the
provision of a public open space in the downtown area.
The Interim City Manager stated Ms. Moody expressed concern that
everyone who is on the street is not homeless and she urged the Commission to see how
C.R.O.S. ministries are running the Caring Kitchen. The Interim City Manager stated
staff will be providing on -site visits to the Caring Kitchen and will provide the City
Manager with their findings.
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With regard to Mr. Humanik's suggestion about the parking permits being
pro -rated and the condition of one of the parking meters in the Sandoway lot, the Interim
City Manager stated staff is currently working on amending the program to pro -rate the
beach parking permits and staff is investigating the condition of the parking meeting in
the Sandoway lot.
With regard to comments expressed by Mr. Smith about the unsafe
conditions on Barwick Road with children walking to Banyan. Creek Elementary School
and who is responsible in the City when a child is hurt walking or biking, the Interim City
Manager stated the Police Department did a review of traffic fatalities since 1997 and
they show four (4) in the area and these incidents indicate that roadway design was not a
factor in the causation in any of those particular crashes and the City has also indicated
action from the Engineering staff to come up with four (4) alternative recommendations.
With regard to a concern expressed by Mr. Whiteman about why newly
promoted sergeants and lieutenants are making more money than senior sergeants and
lieutenants, the Interim City Manager stated newly promoted sergeants and lieutenants
are making more money than senior sergeants and lieutenants because employees have
not received salary increases for several years. The Interim City Manager stated once a
promoted employee receives a 10% pay increase if that employee had been at the
department for a while and had some seniority they got promoted and a 10% increase.
The Interim City Manager stated this is a bargaining matter and the City is currently in
the midst of bargaining with the Police union.
With regard to a suggestion expressed by Mrs. Finst about how to raise
revenue for the City's budget, the Interim City Manager stated staff indicates that all 201
parking meters on A -1 -A will be utilized before 5:00 p.m. The Interim City Manager
stated in order to accommodate Mrs. Finst's suggestion it would require the retention of
Enforcement Specialist for this particular area and staff does not see that as being one
that will create a great benefit.
6.B. From the Public.
6.B.1. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483
(Chairman of S.A.F.E.), read a statement into the record and gave brief overview of his
suggestions for the City's budget. He commented about the $2.5 million burden
taxpayers must pay every year because of the onerous tennis agreements approved years
ago and suggested that the City negotiate and buy its way out of those contracts. Mr.
Smith urged the Commission to reduce the Police and Fire Pension liability since new
accounting regulations will require that liability to be shown on the City's balance sheet
and could affect the City's credit rating. As requested by Deputy Vice Mayor Jarjura,
Mr. Smith urged the Commission to continue the Commission's Goal Setting meeting
versus paying a facilitator, follow it up with a Town Hall meeting soliciting residents'
comments, and ask staff to work on a Quality of Life Bond Budget. Mr. Smith stated
S.A.F.E. believes that if taxpayers are told specifically how bond funds will improve their
neighborhood they will support it.
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6.B.2. Karen Granger, President of the Delray Beach Chamber of
Commerce, stated the Board has had conversations about All Aboard Florida and they
have been trying to learn as much as they can about that project. Ms. Granger stated the
Board did not take a formal vote for or against All Aboard Florida; however, she stated
they felt a consensus amongst the Board that it looks like it is going to happen and that
everyone needs to come together to work on how to mitigate some of the concerns
people have. She stated the Chamber will stay abreast of the topic and looks forward to
working with everyone.
Secondly, Ms. Granger thanked Mayor Glickstein for what he is doing
with Delray's middle schools. She stated the Chamber is doing a lot to reinvigorate its
passion for education and to come alongside the city to pour into Delray Beach schools.
Ms. Granger stated from their initial meetings, the Chamber has put money out that they
want to do this grant to pour leadership specifically into Delray middle schools. In
addition, Ms. Granger stated the Chamber is hosting a Candidates Forum for the School
Board School Board which will be open to the public on Thursday, October 2, 2014 at
Crest Theatre at 7:00 p.m. in hopes to get to know them better and advocate for the town.
6.B.3. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483,
commented about the discussion of the CRA's Plan and thanked Mayor Glickstein and
Vice Mayor Petrolia for questioning the inclusion of the statement that read "the beach
district needs more nighttime activity." In his opinion, Mr. Warner stated the CRA has
lost touch with its central mission. Mr. Warner stated he hopes the entire Commission
will press ahead with the Mayor's stated hope that there will be more frequent and
subsequent collaborative conversations between the City Commission and the CRA.
Furthermore, Mr. Warner stated he believes there is a disconnect between what the CRA
is doing and what they should be doing.
6.B.4. Robert E. Kubin, S.E. 7th Avenue Shakedown, Delray Beach, FL
33444 {lives in the Marina Historic District and represents the 7th Avenue
Shakedown, stated he and his wife were held at gunpoint and briefly spoke about that the
crime in his neighborhood. Mr. Kubin distributed a flyer to the Commission regarding
the crime in his neighborhood and provided the following four (4) recommendations to
help 7"' Avenue get cleaned up: (1) nightly police patrols every hour throughout the
entire area from dusk to dawn, (2) Improved lieting on S.E. 7th Avenue, (3) Increased
lighting and patrols for alleyway between S.E. 7 Avenue and S.E. 6"` Avenue, (4) Police
presence at Hobbit/505 Youth Park skate park and basketball court at closing. Review of
policy allowing basketball courts to remain open and unsupervised until 10:30 p.m.
6.B.5. Christopher Estano, 341 S.W. 6th Avenue Delray Beach, FL 334444
Ives 3 blocks off Atlantic Avenue and moved to Dclrav Beach 9 months ago), stated
he had some things taken off his sailboat, his scooter was stolen, his house has been
broken into, and someone blew up his mailbox. Mr. Estano and referenced the following
website: www.neighborhoodscout.com which rates every city in the country. Mr. Estano
stated lighting is needed in this area and he urged the Commission to have the Police
Department patrol this area.
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6.B.6. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, briefly
spoke about a hate crime which occurred on August 28, 2014 where chemicals were
thrown on a woman (Melissa Elizabeth (Bean) Daniels and entered the newspaper article
into the record. Ms. Moody urged the City Conunission to contact the FBI for assistance
with this crime.
6.B.7. Ari Whiteman, 5091 Washington Road, Delray Beach, FL 33484,
stated on average there are 12 Police officers on the road per shift to cover 22 square
miles and 62,000 residents. He stated at one point there were 65 Police patrol vehicles on
the road and now it is down to somewhere in the 40's. Mr. Whiteman suggested that the City increase
its budget for the Police Department so that they can afford more Police.
6.13.8. Vireinia Synder, 200 S. Swinton Avenue, Delray Beach, FL 33444
(live on Swinton Avenue for over 40 years), stated when she first moved to 38 South
Swinton Avenue there were numerous burglaries on her block. Ms. Synder urged the
Commission to make sure that the Police Department gives out more information to the
public about what happened with regard to Melissa Elizabeth (Bean) Daniels.
6.B.9. 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 15 years ago the City was scheduled to have
150 sworn officers and during the recession positions were frozen and that number was
brought to 152; there are 148 Police Officers budgeted for upcoming fiscal year (2014-
2015). Dr. Kirson stated Delray Beach Police Officers are the lowest paid in Palm Beach
County and commented that our Police Officers are leaving our city to go elsewhere.
6.B.10. Cindi.Freeburn, 371 East Mallory Circle, Delray Beach, FL 33483,
urged the Commission to take another look at what the City is spending its money on and
stated Delray each has to be a safe city in order to be the most fun and All America City.
She stated according to the internet, Delray Beach has a poor rating in terms of being
safe. Mr. Freeburn reiterated that the Commission look at what is vital and important to
the goals of the citizens of this city and make sure they are spending the money as if they
were working in corporate America.
6.B.11. Jim Knight, 10 S.E. l't Avenue Delra Beach FL 33444 distributed
flyers regarding a DDA meeting is having tomorrow afternoon at the Delray Beach
Library regarding the SOFA district and the development. Mr. Knight stated this is a
positive development and feels it will generate additional revenue for the community.
6.B.12. Susan Horne 711 S.E. 2 "d Street Delray Beach FL 33444 supports the
74' Avenue Shakedown and her friend of hers was a victim of a crime two months. She
stated the individuals who are committing these crimes and the overall element. Ms.
Horne expressed concern over the lack of lights in the area and the limited patrolling by
the Police Department. She encouraged the City to install street lights in this area and
increase the Police presence.
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6.B.13. Christina Morrison, 2809 Florida Boulevard 4207, Delray Beach, FL
33483, asked that the City Commission have a joint meeting with the CRA to discuss the
crime issues. She stated the city currently has two parking garages that are not fully
utilized and in the CRA's budget there is a 5750,000 line item to design and start to build
another parking garage on Federal Highway. Ms. Morrison stated she asked if the CRA
could review that item and instead fully implement the Police request for additional
Clean and Safe Officers. In addition, Ms. Morrison stated she requested more lighting in
the CRA district and urged the Commission to instill to the CRA the importance of
having a safe city with enough Police to keep the community safe.
6.13.14. Albert Rich_wa2en, 251 N.E. 17t11 Street, Delray Beach, FL 33444,
read a brief statement into the record and stated he too has been a victim of road rage, an
assault, and burglaries at his bicycle shop.
6.13.15. Eric Price 340 S.E. 7th Avenue Delray Beach FL 33483 expressed
concern over the recent increased crimes in the area. He stated within the last two years
his neighbor's house has been burglarized twice and his house was entered at 5:30 p.m.
and the individual who entered his home was later convicted within six (6) weeks of
armed robbeiy somewhere else in Delray Beach. Mr. Price stated the neighbors are
trying to be vigilant in doing their part to help when they see suspicious activity but urged
the Commission for increased Police patrols in that area.
6.13.16. Christina Betters, 45 S.E. 7th Avenue, Delray Beach, FL 33483, stated
the comments relating to the crime are very disturbing and commented she is scared.
6.13.17. Steve Blum 115 Venetian Drive DeIrgy Beach FL 33843 stated 3 -4
off -duty Police officers are at the new grocery store Trader Joe's and suggested that the
City give these Police officers overtime to patrol these other areas in the city as well.
6.13.18. Linda Cerrone, 7th Avenue (The Meridian), stated she is a single
woman who walks her dog and she had her bicycle stolen. Ms. Cerrone stated she is
afraid to go out during the day and at night.
6.13.19. Patrick Lutz, 330 S.E. 7th Avenue, Delray Beach, FL 33483 (has lived
here since 2002 and is three houses from where the crime occurred Friday evening),
expressed concern for his neighbors and stated in the last three (3) years their home on 7`
Avenue has been broken into twice during the day and their business (located on Federal
Highway south of Linton Boulevard) has also been broken into. Mr. Lutz stated if the
crime problem is not solved the business owners are not going to stay here and the
families are not going to stay here.
6.13.20. Robin Snyder, 138 S.E. 7th Avenue, Delray Beach, FL 33483 (resident
for 4 years), stated she has had five (5) bikes stolen and numerous other things. Ms.
Snyder suggested that developers give back to the city by helping fund the City's
additional Police force and help get the infrastructure issues resolved at the same time.
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6.11.21. Gail Lee McDermott, 721 S.E. 3`° Avenue, Delray Beach, FL 33483
(Osceola Park), stated she understands what the residents are going through on S.E. 71'
Avenue and noted the City is very fortunate to have the P.O.P. (Problem Oriented
Policing) Unit.
Police Chief Jeffrey Goldman stated he received the 7h Avenue
Shakedown Agenda and informed Mr. Stewart that he has assigned the Assistant Police
Chief to gather the data and staff will contact all the concerned citizens and come up with
a plan to make sure everyone feels safe.
The Interim City Manager stated he spoke with Mr. Kubin to put together
a Crime Watch Unit and the P.O.P. (Problem Oriented Policing) Unit may be of value to
the Marina District as well.
Mr. Jacquet inquired about the P.O.P. Unit. In response, Police Chief
Goldman stated the P.O.P. unit is currently short staffed; however, he stated the Police
Department is going to do what they can to help solve the problem.
7. AGENDA APPROVAL.
Mr. Frankel moved to approve the Agenda, seconded by Vice Mayor
Petrolia. 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.
8. CONSENT AGENDA: City Manager Recommends Approval.
S.A. RESOLUTION NO. 45 -14 (TAX EXEMPTION REQUEST FOR
ELIGIBLE IMPROVEMENTSI141 N.E. 5TH STREETI: Approve a tax exemption
request for eligible improvements to the property located at 101 N. E. 5 "' Street within the
Del -Ida Park Historic District; and approve Resolution No. 45 -14
The caption of Resolution No. 45 -14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, GRANTING
AN AD VALOREM TAX EXEMPTION TO JOHN
KOLKMEYER AND VIRGINIA L. RITTER, FOR THE
HISTORIC REHABILITATION OF THE PROPERTY
LOCATED AT 101 NE 5TH STREET, AS FURTHER
DESCRIBED HEREIN; DETERMINING THAT THE
COMPLETED IMPROVEMENTS ARE CONSISTENT
WITH LAND DEVELOPMENT REGULATION (LDR)
SECTION 4.5.1(J); PROVIDING AN EFFECTIVE DATE.
(The caption of Resolution No. 45 -14 is on file in the City Clerk's office.)
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8.B. ACCEPTANCE OF A RIGHT OF WAY DEED /21 GROVE WAY:
Approve acceptance of a 5' right of way deed along Grove Way for the property located
at 21 Grove Way.
S.C. SERVICE AUTHORIZATION NO. 12- 11/KIMLEY HORN &
ASSOCIATES, INC.: Approve Service Authorization No. 12 -11 in the amount of
$33,615.00 to Kimley Horn & Associates, Inc. (RFQ No. 2012 -06) for professional
services related to updating the Transportation Element portion of the City's
Comprehensive Plan. This is in compliance with the Code of Ordinances, Chapter 36,
Section 36.02(C)(3), "Professional Services ". Funding is available from 334- 3162 -541-
31.30 (General Construction Fund: Professional Services/Engineering /Architectural).
8.D. RETROACTIVE APPROVAL OF MICROSOFT VOLUME
LICENSING PROGRAM AGREEMENT /SHI INTERNATIONAL
CORPORATION: Request retroactive approval of a Microsoft Volume Licensing
Program Agreement with SHI International Corporation as a sole source at an annual cost
of $191,784.71 through Florida State Microsoft Contract No. 252- 001 -09 -1 for a three (3)
year term with an effective date of September 1, 2013; also authorize payment of Quote
No. 8481761 in the amount of $191,784.71 for FY 2013 -2014. This is in compliance with
the Code of Ordinances, Section 36.02(C)(6)(a), "Sole Source" and Section 36.03(A),
"Acquisitions of Twenty -Five Thousand Dollars ($25,000.00) or Greater ". Funding is
available from 001 -1811- 513 -46.90 (General Fund: Repair & Maintenance
Services /Other Repair/Maintenance Costs).
8.E. INFORMATION TECHNOLOGY DIVISION/RETROACTIVE
APPROVAL OF PRIOR PURCHASES FOR HARDWARE AND SOFTWARE
FROM CDW GOVERNMENT INC.: Request retroactive approval of prior purchases
with CDW - Government, Inc., in the amount of $41,186.31 for new, replaced and
upgraded computer software and hardware equipment for FY 2013 -2014. This is in
compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple
Acquisitions from Vendor Exceeding $25,000.00 ". Funding was provided through
multiple accounts.
S.F. INFORMATION TECHNOLOGY DIVISIONIRETROACTIVE
APPROVAL OF PRIOR PURCHASES FOR HARDWARE AND SOFTWARE
FROM GOVCONNECTION INC.: Request retroactive approval of prior purchases to
GovConnection, Inc. in the amount of $37,330.27 for new, replaced and upgraded
computer software and hardware equipment for FY 2013 -2014. This is in compliance
with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from
Vendor Exceeding $25,000.00 ". Funding was provided through multiple accounts.
8.G. INFORMATION TECHNOLOGY DIVISION/RETROACTIVE
APPROVAL OF PRIOR PURCHASES FOR HARDWARE AND SOFTWARE
FROM PCMG, INC.: Request retroactive approval of prior purchases to PCMG, Inc. in
the amount of $128,739.87 for new, replaced and upgraded computer software and
hardware equipment for FY 2013 -2014. This is in compliance with the Code of
Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor
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Exceeding $25,000.00 ". Funding was provided through multiple accounts.
8.11. RETROACTIVE APPROVAL OF REIMBURSEMENT TO
FLORIDA EAST COAST (FEQ RAILROAD /S.E. 4 STREET: Request
retroactive approval of a reimbursement to Florida East Coast (FEC) Railroad in the
amount of $31,237.89 for the reconstruction and maintenance of a railroad crossing
located at S.E. 4th Street (Project No. 14 -091). This is in compliance with the 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).
8.1. TERMINATION OF MEMORANDUM OF AGREEMENT/CITY
OF DELRAY BEACH AND PALM BEACH COUNTY: CATHERINE STRONG
PARK/COUNTY HEAD START FACILITY: Approve execution of the Termination
of Memorandum of Agreement for Palm Beach County to terminate a Lease Agreement
with City for the County Head Start facility site located on a portion of the Catherine
Strong Park Iands.
8.J. RENEWAL OF UMBRELLA AGREEMENT FOR BANKING
SERVICES/BANK OF AMERICA, N.A.: Approve renewal of an umbrella banking
agreement with Bank of America, N.A. (Village of Wellington ITN #023- 08 /JWV) to
provide banking services through September 30, 2016. This is in compliance with the
Code of Ordinances, Chapter 36, Section 36.07(A)(3), "Renewals ". Funding is available
from 001 - 1511 -513 -31.90 (General Fund: Professional Services /Other Professional
Services) and 441 -5112 -536 -31.90 (Water and Sewer Fund: Professional Services /Other
Professional Services).
S.K, LANDSCAPE MAINTENANCE AGREEMENTIRD DELRAY,
LLC. ,/ SOFA BUILDING 1: Approve a Landscape Maintenance Agreement between
the City and RD Delray, LLC., to install landscaping material within the right -of -way for
SOFA Building 1 located at S.E. 1St Street, S.E. 2 °a Street and S.E. 3`a Avenue.
8.L. LANDSCAPE MAINTENANCE AGREEMENT/RD DELRAY,
LLC.,/ SOFA BUILDING 2: Approve a Landscape Maintenance Agreement between
the City and RD Delray, LLC., to install landscaping material within the right -of -way for
SOFA Building 2 located at S.E. 2'd Avenue.
8.M. MAINTENANCE AND SUPPORT AGREEMENT/MOTOROLA,
INC.: Approve a Maintenance and Support Agreement between the City and Motorola,
Inc. in the amount of $127,944.24 for maintenance and support for all of dispatch with
the exception of the law enforcement officers' portable radios. This is in compliance with
the Code of Ordinances, Chapter 36, Section 36.02(6)(a), "Sole Source ". funding is
available from 001- 2111 - 521 -46.20 (General Fund: Repair & Maintenance
Services /Equipment Maintenance).
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8.N. MAINTENANCE AGREEMENT /CONTROL
COMMUNICATIONS: Approve a Maintenance Agreement with Control
Communications in the amount of $26,040.00 for maintenance of the XTS3000 portable
radios used by police officers. This is in compliance with the Code of Ordinances,
Chapter 36, Section 36.07(A)(3), "Renewals" and Section 36.02(C)(6)(b), "City
Standard ". Funding is available from 001 - 2111 - 521 -46.20 (General Fund: Repair &
Maintenance Services /Equipment Maintenance).
8.0. AGREEMENT/UNITED STATES DEPARTMENT OF JUSTICE,
DRUG ENFORCEMENT ADMINISTRATION EA /CONTROLLED
PHARMACEUTICALS: Approve and accept a State and Local Task force Agreement
between the City and the United States Department of Justice, Drug Enforcement
Administration (DEA), to reimburse the Delray Beach Police Department for overtime up
to $17,374.00 (subject to the availability of funds), to disrupt and dismantle individuals
and organizations involved in diversion schemes of controlled pharmaceuticals.
8.P. AGREEMENTIUNITED STATES DEPARTMENT OF JUSTICE,
DRUG ENFORCEMENT ADMINISTRATION (DEA)ALLEGAL NARCOTICS
AND DANGEROUS DRUGS: Approve and accept a State and Local Task Force
Agreement between the City and the United States Department of Justice, Drug
Enforcement Administration (DEA), to reimburse the Delray Beach Police Department
for overtime up to $17,374.00 (subject to the availability of funds), disrupt the illicit drug
trafficking in illegal narcotics and dangerous drugs.
8.Q. APPOINTMENT OF AN ASSISTANT CITY ATTORNEY: Approve
the appointment of Mr. Michael Dutko for the position of Assistant City Attorney.
8.R. RATIFICATION OF APPOINTMENTS TO THE PARKING
MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of
regular representatives Mr. Albert Richwagen for Downtown Development Authority
(DDA), Mr. Peter Perri for West Atlantic Redevelopment Coalition (WARC) and Mr.
William Morse for the Chamber of Commerce; and ratify the appointment of alternate
member Mr. Christopher Davey for the Planning & Zoning Board for two (2) year terms
ending July 31, 2016.
S.S. PROCLAMATIONS:
1. None
8.T. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period August 25, 2014 through September 6, 2014.
S.U. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Otto Environmental Services, LLC. (Bid No. 2014-
20) the lowest responsive bidder, in the amount of $60,000.00 for
the purchase of hot - stamped garbage carts, lids and wheels to be
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ordered "as needed ". This is in compliance with the Code of
Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive
Method ". Funding is available from 433 - 3711 -534 -49.35
(Sanitation Fund: Other Current Charges /Cart Renewal &
Replacement).
2. Purchase award to Hall -Mark Fire Equipment in the total amount
of $272,417.00 for a new Horton ALS Rescue Ambulance through
the Florida Sheriff's Association Contract No. 11 -10 -1202. This is
in compliance with the Code of Ordinances, Section
36.02(C)(7)(a), "Utilization of Other Governmental Entities'
Contracts ". Funding is available from 501 - 3312 -591 -64.25
(Garage Fund: Machinery/Equipment/Heavy Equipment).
With regard to Item 8.Q., Appointment of Assistant City Attorney
Michael Dutko, Deputy Vice Mayor Jarjura disclosed that she and Michael Dutko
worked at the same firm.
Mr. Frankel moved to approve the Consent Agenda, 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.
9. REGULAR AGENDA:
9.A. WAIVER REQUEST/PERIWINKLE: Consider approval of a request
for waiver to Land Development Regulations (LDR) Section 4.4.13(17)(4)(a)(2), "Central
Business District (CBD) Guidelines; Front Setbacks ", which requires a minimum front
setback of five feet (5'), a zero foot (0) setback is proposed for Perwinkle, located at 339
East Atlantic Avenue. (Quasi - Judicial Hearing)
Mayor Glickstein read the City of Delray Beach Quasi - Judicial rules into
the record for this item all subsequent Quasi - Judicial items.
The City Clerk swore in those individuals who wished to give testimony
on Item 9.A. or Item 9.8.
At this point, Mr. Jacquet stated today in the audience is Mayor Destin
Deserve the City of La Chappelle in Haiti who gave to visit and recognized Pastor Luc
Wilfrid who has been in Delray Beach for over 30 years and has a church on 4t' and 4`h.
Mayor Glickstein asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
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Dan Little, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2015 -072 into the record.
Dana Little, Director of Planning and Zoning, stated this item is a waiver
request for 339 East Atlantic Avenue (Periwinkle building). Mr. Little stated the
application is a proposed modification to an existing two -story mixed -use building which
has 2,685 square feet of retail on the ground floor and 2, 452 square foot unit above and
the building was built in 1921. On July 23, 2014, the Site Plan Review and Appearance
Board (SPRAB) approved a Class III site plan modification request for upper and lower
level exterior modifications. In addition, SPRAB also recommended approval of a
waiver to LDR Section 4.4.13 to allow for a zero foot front setback where a minimum of
a five foot front setback is currently required in the CBD LDRs. Mr. Little stated
applicant is looking to modernize the front facade. He stated while it is a waiver from the
setback requirement there is a greater amount of glaze that is being proposed which
brings the building in closer compliance with the transparency requirements of the
current code. Mr. Little stated at SPRAB two options were presented; one with an
awning and one without an awning. Mr. Little stated the waiver request is a minimum
five foot setback requirement LDR Section 4.413(F)(4)(a)(2). The applicant is seeking to
reduce that to a zero foot (0') setback. He stated the project has been before the
Community Redevelopment Agency (CRA) and the Board reached a consensus and on
July 7, 2014, the Downtown Development Authority (DDA) reached a consensus as well.
Mr. Little stated courtesy notices have been sent to the Delray Citizens Coalition and the
Chamber of Commerce. On July 23, 2014, SPRAB approved the exterior modifications
as well as recommend its approval for this waiver request.
Mr. Roy Simon, Architect representing Applicant, stated appreciates
consideration of the zero foot (0') setback.
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 #207, Delray Beach, FL
33483, stated in the backup there is a photograph showing the frontage of this storefront
and the one surrounding it. Ms. Morrison stated it is going to be in more in conformance
to the eye as you walk by with this change. She urged the Commission to approve it.
There being no one else from the public who wished to address the
Commission regarding the waiver request, the public comment was closed.
There was no cross - examination or rebuttal.
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 adopt the Board Order, seconded by Mr. Jacquet.
Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes;
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Mayor GIickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel —
Yes. Said motion passed with a 5 to 0 vote.
At this point, At this point, the time being 7:10 p.m., the Commission
moved to the duly advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. RESOLUTION NO. 46 -14 (FINAL MILLAGE LEVY): A resolution
Ievying a tax on all properties within the City of Delray Beach for operation and
maintenance and for payment of principal and interest on bonded indebtedness for FY
2015.
The caption of Resolution No. 46 -14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL
PROPERTIES WITHIN THE CITY OF DELRAY
BEACH, FLORIDA, FOR MAINTENANCE AND
OPERATION, AND TO LEVY A TAX FOR THE
PAYMENT OF PRINCIPAL AND INTEREST ON
BONDED INDEBTEDNESS, AND TO ALLOCATE
AND APPROPRIATE SAID COLLECTIONS
THEREUNDER.
(The official copy of Resolution No. 46 -14 is on file in the City Clerk's
office.)
The City Attorney read the caption of the resolution. A public hearing
was held having been legally advertised in compliance with the laws of the State of
Florida and the Charter of the City of Delray Beach, Florida.
The Interim City Manager addressed a question raised by some citizens
which appears to them to be the illogical placement on the Agenda of the millage prior to
the budget and stated this is required by State Statute and the City must follow the State
Statute.
Jack Warner, Chief Financial Officer, briefly highlighted the latest
changes to the budget and stated the end result was a $400,000.00 increase in the
departmental spending. Mr. Warner stated there is an item $1,881,000.00 which has been
labeled on the exhibits as reserve; it is actually the difference between revenue and
expense. He stated what it would be if the City did not spend the money would be in
addition to the reserve. Mr. Warner stated rather than it being uncommitted funds all but
$100,000.00 of it is committed (i.e. the City Manager's contingency fund). Mr. Warner
stated the money is earmarked for several items that the City is going to have to spend on
in the year but the timing and the exact amount is unknown; there is a provision for the
outcome of bargaining with the two public safety organizations. Mr. Warner stated there
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are also a couple more IT activities and there is funding for the Veterans Day holiday.
Mr. Warner stated the revenues have not changed for the last couple of months. Mr.
Warner requested that the City Commission approve Exhibit "A" as amended (to reflect
the City Commission's activity of last Tuesday and is not the Exhibit "A" that was
advertised in the newspaper).
The Interim City Manager stated one of the major differences over the last
few weeks in the construction of the budget has to do with a transfer of ocean services
from Parks and Recreation Department to the Fire - Rescue Department ($1.55 million).
Staff has concluded that service is more appropriate under the command and control of
the Fire - Rescue Department.
Mayor Glickstein declared the public hearing open.
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), briefly spoke about the millage rate and stated if
the City spent $1,750,000 for a two week tennis tournament; if the City privatized tennis
and saved $350,000; and had the $2.5 million from the sale of the Arts Garage of which
the City has $1,000; if the City charged non - residents $5.00 a head to get on the beach
and if the City charged $20.00 a car to parking in the lots near the beach would the
residents be paying taxes at all. Dr. Kirson stated if we would stop spending money the
City spends to get tourists to come to our city; he stated it is great for the restaurants and
hotels but it does not cover the City's budget because the City receives less than 1%
while approximately 6% goes to Tallahassee.
Alexander Christopher, briefly spoke about the C.E.R.T. Program
through the Fire- Rescue Department and he was informed that they do not have money
for that program. Mr. Christopher stated the C.E.R.T. Program is to help the residents of
Delray in the case of a disaster and asked if the Fire - Rescue Department is going to
receive the money to restart that program or not.
Mayor Glickstein stated the City has the funding for the C.E.R.T. Program
in the budget.
There being no one else from the public who wished to address the
Commission regarding Resolution No. 46 -14, the public hearing was closed.
Vice Mayor Petrolia asked about the amount of $24,529,936.00 in the
Fire - Rescue line item for 2014 compared to $23,085,000 that was provided to the
Commission in July. Mr. Warner stated staff re- stated 2014 for the
organizational /structural changes and in the previous year number is the previous year's
cost of Ocean Rescue.
With respect to the budget, Mayor Glickstein stated that the work in
progress, where it was, and the DDA's budget, should have been in the backup materials
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complete and it was not. The Interim City Manager stated whenever these substantive
changes where the dollars reside (i.e. taking Ocean Rescue and putting them in the Fire -
Rescue Department) when staff provides documentation such as this, staff needs to
footnote it and should say exactly what the change was. The Interim City Manager stated
a significant portion of this is from the SAFER grants.
Deputy Vice Mayor Jarjura stated the City's population is well beyond
62,000 on Thursday, Friday, and Saturday nights and times of events. She stated the City
is currently dealing with an inadequate and unenthusiastic Police force because they have
not had raises in nearly seven (7) years. Deputy Vice Mayor Jarjura stated she concurs
with Dr. Kirson's comments about how the City can look at how the city can generate
revenues with user impacts that are non - residents because the City is not going to be able
to pay for everything which is ad valorem taxes. Furthermore, Deputy Vice Mayor
Jarjura stated we need to figure out what we as a city prioritize and what we want to pay
for Deputy Vice Mayor Jarjura suggested that the Commission hold a Goals and
Objectives Workshop very soon because she stated it is so important to have this
conversation now not while everyone is in the midst of a budget process (i.e. how many
Police Officers the City needs to ensure public safety and look at each department based
upon the goals and priorities that this city sets).
Mr. Frankel commented about an email he received about the Police
negotiations and it appears that they are not in good faith and he would like to see
something going forward. Mr. Frankel thanked Lisa Herrmann and Jack Warner for the
great job on the budget and for maker it clearer than in prior years. Mr. Frankel
expressed concern over the Police Officers leaving and the morale should be good but it
is not. Mr. Frankel stated with regard to Goals and Objectives this would be one of the
top issues on his list. Mr. Frankel stated he understands the frustrations with people
wanting the services (i.e. lights, Police, Fire, etc.), however they do not want to pay for it.
Mr. Jacquet stated he respects the process; however, he expressed concern
that the Police Department feels that the City Commission does not care. Mr. Jacquet
stated the Police Officers have not gotten raises, morale is down, and the P.O.P. Program
is almost dismantled. Mr. Jacquet urged his colleagues to negotiate in good faith and be
fair to the Police Officers:
Mayor Glickstein stated is appreciates the effort of Ms. Herrmann, Mr.
Warner, and Mr. Stewart. Mayor Glickstein stated he feels we have lost a year in terms
of being where he hoped the City would be in terms of that front -end policy and
measurable outcome based on that policy. Mayor Glickstein stated the City is going to
have to make some changes going forward because the Commission cannot do all of the
things that people want them to do unless there is more money to do it and that is going
to come in the form of new revenues and significant reduction on some of the expenses
that are not essential services.
Vice Mayor Petrolia stated it is important that people understand that the
Commission is sensitive to their situations; when she hears residents state "they do not
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want to pay for if' she has sympathy towards those people who are paying a tremendous
amount of money towards taxes. She stated it is not about not wanting to pay for it; a lot
of people feel they are paying for but we just need to figure out how to do it better. In
addition, with respect to development, Vice Mayor Petrolia stated she supports smart
development over just anything.
Mayor Glickstein stated there are a disproportionate amount of people
paying a significant amount of real estate taxes relative to a significant amount of the
population that pays no tax at all and are receiving or are entitled to the same level of
services and the additional revenue piece will have to be considered going forward.
Mayor Glickstein stated people want more Police and Public Safety but that cannot be on
the backs of the people who are already carrying the load now. Mayor Glickstein stated
he looks forward to that communication with all the stakeholders.
Mr. Jacquet thanked Mr. Warner, Mr. Stewart and Ms. Herrmann on how
they compared fiscal year 2014 and 2015.
For the record, the City Attorney stated "Resolution No. 46 -14 of the City
Commission of the City of Delray Beach which will levy a tax on all properties within
the City of Delray Beach, Florida for maintenance and operation, and to levy a tax for the
payment of principal and interest on bonded indebtedness, and to allocate and appropriate
said collections thereunder. Now, therefore, be it resolved by the City Commission of the
City of Delray Beach, Florida as follows: Section 1. That a tax of $7.1611 per one
thousand dollars ($1,000.00) of assessed valuation is hereby levy on all taxable property
within the City of Delray Beach fiscal year commencing on October 1, 2014, and ending
September 30, 2015. There shall be and hereby is appropriated the General Fund
operations of the City revenue derived from said tax for operating and maintenance
expenses of the General Fund, and also in addition, all revenues derived by said City
during said fiscal year from all other sources other than the tax levy for current bond
service and that part of collection of delinquent taxes levied, for bond service. The
assessed valuation on all taxable properties within the City for operating purposes is
$7,243,588,617.00; operating millage of $7.1611 per one thousand dollars ($1,000) is
greater than the rolled -back of $6.6895 per 1,000 by 7.05 %."
Vice Mayor Petrolia moved to approve Resolution No. 46 -14, seconded by
Deputy Vice Mayor Jarjura. 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.
10.B. RESOLUTION NO. 47 -14 (MILLAGE LEVYID_DA): A resolution
levying a tax on all properties within the Downtown Development Authority Taxing
District of the City of Delray Beach for FY 2015.
The caption of Resolution No. 47 -14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL
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PROPERTIES WITHIN THE DOWNTOWN
DEVELOPMENT AUTHORITY TAXING DISTRICT OF
THE CITY OF DELRAY BEACH, FLORIDA, FOR
MAINTENANCE AND OPERATION, AND TO
APPROPRIATE SAID COLLECTIONS THEREUNDER.
(The official copy of Resolution No. 47 -14 is on file in the City Clerk's
office.)
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Vice Mayor Petrolia stated last year the City found properties that were
not part of the DDA that were added into the DDA and this is why they had the mid -year
adjustment or amended budget. She stated they are now asking for an additional sum of
money because of the increase in values of these properties in the DDA district. Vice
Mayor Petrolia stated she supports a roll back rate only this year and asked for
information that would the DDA. She stated a TRIM notice went out that gave some of
the percentage increases in taxes. Vice Mayor Petrolia stated she cannot support the full
1% given the lack of information and also the double increase.
Mr. Jacquet asked if the DDA does anything related to public safety in the
downtown. It was noted that the DDA is making a contribution (Clean and Safe) this
year in the budget.
Mayor Glickstein expressed concern over the DDA's budget and stated the
percentage of revenue towards payroll is nearly 50 %; if compared to the DBMC it is 28%
with four (4) employees; compared to the CRA it is 13% with ten (10) employees; if
compared to the Chamber of Commerce it is 30% with seven (7) employees; and the
DDA's is at 50% with two (2) employees.
Laura Simon, Associate Director of the DDA, stated she is not prepared
this evening to make a presentation on the DDA's budget. Ms. Simon stated the DDA is
investing more into the Clean and Safe organization and they are assuming some of the
financial obligations of banners and twinkle lights throughout the downtown; the DDA is
supporting the City services with the Christmas tree funding with maintenance issues.
Brief discussion between Ms. Simon and the City Commission followed.
Mayor Glickstein stated he shares his colleagues' opinions with respect to
the DDA and the downtown and extended kudos to everyone who has been associated
with that. However, Mayor Glickstein expressed concern that the old ways are always
not best practices and he expects to see a budget presentation from the DDA.
The City Attorney read the Statute into the record and stated Statute if the
City Commission chooses to not adopt the budget they have two options: (1) the DDA
may expend monies based on this tentative budget (assuming the Commission approves
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it) until such time its final budget is adopted, (2) re -adopt the prior years adopted final
budget and expend monies based on that budget until such time as a tentative budget is
adopted by resolution by the City Commission.
Mr. Frankel stated the DDA does a great job; however, 50% for salaries is
high and it makes it very difficult to think of what could be spent from these tax dollars
versus 50% in salaries.
Deputy Vice Mayor Jarjura stated this was the opportunity for the DDA,
the Board and the Executive Director to make a presentation to the City as a whole to
clarify who they are and what justifies maybe a different model than some of the other
agencies have and what justifies having that type of expense for administration versus
what the overall budget is. Deputy Vice Mayor Jarjura stated she understands the impact
the DDA has had to the City, but she still expects a presentation as like the CRA and Old
School Square did.
The City Attorney reiterated that if the Commission can re -adopt the prior
year's budget and the DDA can expend money based on that budget until such time as a
tentative budget is adopted and the City Commission would then have another
opportunity to do a tentative budget. The City Attorney stated the City Commission has
to consider the timeframes because the Property Appraiser is getting ready to prepare the
tax bills.
It was the consensus of the City Commission that everyone is
uncomfortable with approving a millage levy without a current budget or a presentation
as what it is about.
Lisa Herrmann, Budget Officer, stated if the City Commission does not
pass the DDA's millage then they cannot pass the third resolution either for the budget
because their millage is part of the third resolution. Ms. Herrmann stated the City
Commission would have to re- discuss this meeting to a time certain which would then
have to be re- advertised 2 -5 days before the meeting came back to approve the final
resolution.
Brief discussion continued between the City Commission.
Mr. Frankel stated he does not disagree with Mayor Glickstein's
comments; however, he expressed concern that does go to the roll back rate then there are
things such as the Christmas tree and other crucial events there are crucial events (i.e.
Christmas tree) for residents and guests that will not go forward. Furthermore, Mr.
Frankel stated he agrees that the DDA's budget needs to be looked at and that there
should have been a presentation, but if the Commission does go to the roll back rate then
there are things such as the Christmas tree and other crucial events there are crucial
events (i.e. Christmas tree) for residents and guests. Mr. Frankel stated he agrees with
Mayor Glickstein's comments that this needs to be looked at and the DDA should have a
presentation, he does not want to penalize this.
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Mayor Glickstein stated he does not want to penalize the benefactors of
this because of someone not doing their job.
The Interim City Manager stated that there is a linkage that although the
City Commission does not formerly approve the DDA's budget, that the City has some
control over that budget through the millage only.
After brief discussion, Mayor Glickstein suggested that the City
Commission can approve this proposed millage rate for DDA with the caveat that the
City Commission is directing that budget to be modified such that there is a line item
contingency amount the difference between the roll back rate and what the DDA is
asking for and that they be required to come back to the City to get approval on changing
that contingency line item and the DDA come back with a presentation.
The City Attorney recommended that the Executive Director of the
Downtown Development Authority (DDA) state on the record an acknowledgement and
agreement to what Mayor Glickstein has described.
Mr. Jacquet inquired whether the DDA does anything in relation to public
safety because tonight there are a lot of concerns about public safety. Mr. Jacquet stated
he understands that the dollar value increase although the millage rate did not and before
the City Commission approves the budget they need some kind of justification.
However, Mr. Jacquet stated he also agrees with comments expressed about not wanting
to penalize the downtown businesses, downtown economy, public safety downtown and
the Christmas tree.
Mariorie Ferrer, Executive Director of the DDA, gave a few brief
comments and stated the DDA has 21 /z employees and the payroll line for salaries is
$150,000.
Mayor Glickstein reiterated that the Executive Director agree to the
proposition of this Commission adopting the DDA's millage rate provided that the budget
is adjusted to the roll back number, and that the DDA have a contingency line item of the
difference between the roll back rate and the proposed budget amount, and that the DDA
will have to come back to this Commission and make a presentation before they expend
that money. In response, Ms. Ferrer stated the DDA can do this and give back the
expenses (approximately $45,000) to the CRA.
For the record, the City Attorney confirmed with Marjorie Ferrer,
Executive Director of the DDA that she agrees to that contingency with the approval of
the budget as described by Mayor Glickstein. In response, Marjorie Ferrer, Executive
Director of the DDA, stated she agrees to the caveat as stated by Mayor Glickstein.
Mr. Frankel moved to approve Resolution No. 47 -14 Final Millage levy
for the Downtown Development Authority (DDA) with the caveat that the Executive
Director of the DDA agree to adopting the DDA's millage rate provided that the budget
is adjusted to the roll back number, and that the DDA have a contingency line item of the
difference between the roll back rate and the proposed budget amount, and that the DDA
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come back to the City Commission to make a presentation before they expend the money
to the CRA, seconded by Mr. Jacquet. 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 1 vote, Vice
Mayor Petrolia dissenting.
10.C. RESOLUTION NO. 48 -14 UDGET ADOPTION FOR FY 2015: A
resolution tentatively making appropriations of sums of money for all necessary
expenditures of the City of Delray Beach for the period October 1, 2014 through
September 30, 2015.
The caption of Resolution No. 48 -14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, MAKING
APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF
DELRAY BEACH FOR THE PERIOD FROM THE 1 st
DAY OF OCTOBER, 2014, TO THE 30th DAY OF
SEPTEMBER, 2015; TO PRESCRIBE THE TERMS,
CONDITIONS AND PROVISIONS WITH RESPECT TO
THE ITEMS OF APPROPRIATIONS AND THEIR
PAYMENT; AND TO REPEAL ALL RESOLUTIONS
HOLLY IN CONFLICT WITH THIS RESOLUTION
AND ALL RESOLUTIONS INCONSISTENT WITH
THIS RESOLUTION TO THE EXTENT OF SUCH
INCONSISTENCY.
(The official copy of Resolution No. 48 -14 is on file in the City Clerk's
office.)
The City Attorney read the caption of the resolution. A public hearing
was held having been legally advertised in compliance with the laws of the State of
Florida and the Charter of the City of Delray Beach, Florida.
Mayor Glickstein declared the public hearing open.
Peter Humanik 704 N.E. 5th Street Delray Beach FL 33483 stated
with respect to the budget and the millage rate there is no enforcement mechanism for
what the Commission did.
There being no one else from the public who wished to address the
Commission regarding Resolution No. 48 -14, the public hearing was closed.
Mr. Jacquet moved to approve Resolution No. 48 -14 as amended,
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 — No. Said motion passed with a 4 to 1 vote, Vice Mayor Petrolia
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dissenting.
10.C.1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN:
Accept the Planning and Zoning Board's finding that the proposed Five Year Capital
Improvement Plan for FY 2014 -2015 through FY 2015 -2018 and FY 2015 Capital
Improvement Budget are consistent with the Comprehensive Plan.
Randal Krejcarek, Director of Environmental Services, gave a brief
overview of the proposed Capital Improvement Program for fiscal year 2014 -2015. Mr.
Krejcarek stated the first year is funded in this program and the majority of the projects
are in the northwest/southwest and southeast areas are primarily funded by the CRA. The
first two phases of the N.E. 2nd Avenue Seacrest Boulevard bicycle lane /pedestrian
improvements beautification project is also in this CIP and reclaimed water is going to
continue which is in the lower southern half of the barrier island between. Casuarina Road
and Linton Boulevard. Mr. Krejcarek stated some of the projects that are being proposed
in next year's budget are actually going to be financed (computer replacements, fire
diesel exhaust system which is current under design). He stated several of the projects
that in the past have been proposed in the CIP, have been moved to the operating budget
(air conditioning replacement at the Police Department, annual building maintenance,
maintenance on the City Hall chiller /air conditioning system, and the street resurfacing).
Mr. Krejcarek stated items that are going to be funded from the General Construction
Fund are going to include the Police Department roof range replacement, IT disk storage
increased capacity and their voice /web response server, and the design for the 2"d Phase
of the N.E. 2nd Avenue Seacrest Boulevard bicycle lane /pedestrian improvements is in
next year's CIP, annual railroad maintenance crossing (FEC does one a year), and the
beach beautification project. Mr. Krejcarek briefly reviewed the projects that are being
funded by the CRA (approximately $6 million that they are putting into the CIP ) and
explained that requests that were made that were not funded and are put into the
unfunded category and will be brought back next year.
Mr. Jacquet inquired about the S.E. 4`h Avenue beautification and asked if
staff is for Osceola Park. In response, Mr. Krejcarek stated this is actually two blocks
south of Atlantic Avenue by the old library site. Mr. Jacquet asked if there are any
agreements with the people who are building there.
Dana Little, Director of Planning and Zoning, stated there has not been a
formal submittal for an Wic movie theatre; however, staff has been working with the
applicant to make sure that the streetscape for their length of the project is adequate in
terms of sidewalk and maneuvering of vehicles, etc.
Deputy Vice Mayor Jarjura stated she assumes it would be very difficult to
do an economic feasibility study without knowing what the demand for public parking
and what the supply is which cannot be done until the City as an overall parking
management and enforcement system in place that has been looked at. Deputy Vice
Mayor Jarjura stated she hopes that ties into whatever economic feasibility study that is
being looked at and also whether or not that site is the best location for a new parking
garage if the City determines it is needed and it is economically feasible.
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Brief discussion continued between Mayor Glickstein and the Interim City
Manager.
Vice Mayor Petrolia moved to approve the 5 -year Capital Improvement
Plan (CIP) and fiscal year 2015 Capital Improvement Budget with the Comprehensive
Plan and adopt the proposed 5 -Year Capital Improvement Plan (CIP) for fiscal year
2014 -15 through fiscal year 2018 -19, 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.
10.1). RESOLUTION NO. 34 -14 /CONTRACT FOR SALE AND
PURCHASE /513 S.W. 15" AVENUE: Consider approval of Resolution No. 34 -14, a
contract for sale and purchase, authorizing the City to sell the Neighborhood Stabilization
Program (NSP) property located at 513 S.W. 15"' Avenue to Raymonde Marcel for the
purchase price of $97,347.00 or appraised value and provide subsidy up to $10,000.00
secured by promissory note and second mortgage. This is in compliance with the Code of
Ordinances, Chapter 36, Section 36.12, "Sale of Real Property ".
The caption of Resolution No. 34 -14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO TRANSFER REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA,
AS DESCRIBED HEREIN, HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE BUYER AND THE CITY
OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 34 -14 is on file in the City Clerk's
office.)
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Lula Butler, Director of Community Improvement, stated this item is a
request for the Commission to approve Resolution No. 34 -14 authorizing the sale of one
of the City's Neighborhood Stabilization properties located at 513 S.W. 15th Avenue to
Raymonde Marcel for $97,347.00 and provide subsidy up to $10,000 secured by
promissory note and second mortgage. Ms. Butler stated this is the City's 241' home that
they are selling; two are still available. She stated the Delray Beach Community Land
Trust (CLT) provides the qualified family and they also make a small amount of money
for doing so. Staff requests the Commission approve Resolution No. 34 -14.
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09/16/14
Mayor Glickstein declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 34 -14,
the public hearing was closed.
Mr. Jacquet stated he receives a lot of calls from residents who are
inquiring about housing whether they are low income or first time homebuyers. He
stated they do not know what programs are available. Ms. Butler stated the CLT is
responsible for providing the eligible and qualified buyer and they provide that service
for the City.
Mayor Glickstein asked someone calls the reception desk and cannot
articulate exactly what they are looking, does the reception desk know to direct that kind
of call to the CLT. Ms. Butler stated the calls are actually directed to the Neighborhood
Services Division and they in turn transfer them to the CLT.
Mr. Jacquet moved to approve Resolution No. 34 -14 authorizing the sale
of NSP property located at 513 S.W. 15'h Avenue to Raymonde Marcel for $97,347 and
provide subsidy up to $10,000.00 secured by a promissory note and second mortgage,
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.
10.E. RESOLUTION NO. 36 -14 /CONTRACT FOR SALE AND
PURCHASE: 232 N.W. 8 F H AVENUE: Consider approval of Resolution No. 36 -14
authorizing the City to transfer /sell a City owned property to the Delray Beach
Community Land Trust (DBCLT) in the amount of Ten Dollars and 001100 cents
($10.00) for affordable housing purposes for the property located at 232 N.W. 8d`
Avenue. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.12,
"Sale of Real Property".
office.)
The caption of Resolution No. 36 -14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO TRANSFER REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA,
AS DESCRIBED HEREIN, HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE BUYER AND THE CITY
OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 36 -14 is on file in the City Clerk's
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09/16/14
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Lula Butler, Director of Community Improvement, stated this item is
providing for the sale of the Atlantic Community High School Eagle's Nest newly
constructed home located at 232 N.W. 8th Avenue to the DBCLT and they are required to
sell the home to an eligible homebuyer under the SHIP Program at no greater than one-
hundred twenty (120 %) of the Area Median Income (AMI). She stated the City also has
a Tri -Party Agreement between the City, CRA and the Palm Beach County School
District and the proceeds for the construction for provided to the City and loaned back to
Atlantic Community High School to construct the home. Ms. Butler stated the total
Eagle's Nest project building expenses are $95,841.23 of the $130,000.00 and that
amount will be repaid back to the CRA when the house is sold. In addition, Ms. Butler
stated the Atlantic Community High School Eagle's Nest program gets ninety percent
(90 %) of the proceeds above that and the City receives approximately ten percent (10 %).
She stated the City is looking at the appraised value and in transferring it to the DBCLT
they are able to remove the value of the property so that it becomes affordable.
Mayor Glickstein declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 36 -14,
the public hearing was closed.
Mr. Jacquet commented about the Eagle's Nest Program consists of
students who design and build these homes.
Mayor Glickstein commended Evelyn Dobson for doing a great job and
stated the quality of the houses is remarkable. Ms. Dobson stated their program is
recognized on a national and state level on what they do and she thanked the City
Commission for the support of the CRA and the City.
Mr. Jacquet commented about the Eagle's Nest Program and also thanked
Ms. Dobson for her work.
Vice Mayor Petrolia moved to approve Resolution No. 36 -14, seconded by
Mr. Jacquet. 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.
10.F. ORDINANCE NO. 26 -14 (SECOND READING): An ordinance
amending Chapter 51, "Garbage and Trash ", of the Code of Ordinances by amending
Section 51.70, "Regular Charges Levied ", to provide for increased residential and
commercial collection service rates for FY 2015.
The caption of Ordinance No. 26 -14 is as follows:
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09/16/14
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 51, "GARBAGE AND TRASH ",
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 51.70,
"REGULAR CHARGES LEVIED ", TO PROVIDE FOR
INCREASED RESIDENTIAL AND COMMERCIAL
COLLECTION SERVICE RATES FOR FY 2015;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 26 -14 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Glickstein declared the public hearing open.
Peter Humanik, 704 N.E. 5 t Street, Delray Beach, FL 33483, inquired
about the replacement/cart fee to homeowners that has been discussed. Mr. Humanik
asked if this fee has gone away and if not, why not and what are the plans.
There being no one else from the public who wished to address the
commission regarding Ordinance No. 26 -14, the public hearing was closed.
Mr. Frankel moved to adopt Ordinance No. 26 -14 on Second and FINAL
Reading, 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.
10.G. ORDINANCE NO. 27 -14 (SECOND READING): Consider modifying
the Community Redevelopment Plan for the City of Delray Beach; finding that the
modifications conform to the community Redevelopment Act of 1969, as amended;
finding that the modifications are consistent with the City of Delray Beach's
Comprehensive Plan, and making further findings pursuant to the applicable
requirements of Florida Statute 163.360.
The caption of Ordinance No. 27 -14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
MODIFYING THE COMMUNITY REDEVELOPMENT
PLAN FOR THE CITY OF DELRAY BEACH; FINDING
THAT THE MODIFICATIONS CONFORM TO THE
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09/16/14
COMMUNITY REDEVELOPMENT ACT OF 1969, AS
AMENDED; FINDING THAT THE MODIFICATIONS
ARE CONSISTENT WITH THE CITY OF DELRAY
BEACH'S COMPREHENSIVE PLAN, AND MAKING
FURTHER FINDINGS PURSUANT TO THE
APPLICABLE REQUIREMENTS OF FLORIDA
STATUTE 163.360; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 27 -14 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Diane Colonna, Executive Director of the Community Redevelopment
Agency, stated these are changes to the CRA's adopted Plan to correct some changes that
needed to be made in projects and programs, updating existing conditions data, updating
financial tables, updating maps. Ms. Colonna stated it was reviewed by various boards
who recommended approval and the CRA made changes in response to comments that
were made at first reading.
Mayor Glickstein declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 27 -14,
the public hearing was closed.
Vice Mayor Petrolia commended Ms. Colonna for the way she has
presented her item is exactly how a lot of things in this city should be done. Vice Mayor
Petrolia stated it makes the reading much easier because she can go directly to what has
been crossed off and see what has been added on. Vice Mayor Petrolia stated she has
asked for this for 11/2 years so that the City Commission can see the changes that are
being made (i.e. budget, etc.) and noted that it made going through this that much easier.
Deputy Vice Mayor Jarjura concurred with comments expressed by Vice
Mayor Petrolia.
Mayor Glickstein asked Ms. Colonna to convey to the CRA Board that the
public safety issue is not just east of Swinton Avenue; it is west of Swinton Avenue and
stated this is not about the downtown but it is about the areas that support and benefit
from the downtown.
Ms. Colonna stated the CRA Board is supportive of Clean and Safe and if
there is not a consensus to support an increase beyond what the Board has indicated they
will support this year, it may happen next year. Ms. Colonna stated at the CRA's last
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MIU911=1
meeting there were three (3) board members who wanted to increase it even more.
Deputy Vice Mayor Jarjura stated she hopes Ms. Colonna will
communicate to the CRA Board the strong direction of this City Commission and as one
resident suggested that the City have a joint meeting with the CRA to address Clean and
Safe issues and the direction that this Commission is looking for the CRA to assist with
that issue.
Mr. Frankel moved to adopt Ordinance No. 27 -14, seconded by Vice
Mayor Petrolia. 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.B. IN -LIEU OF PARKING FEE REQUEST/DELRAY TACO, LTD
d /b /a ROCCO'S TACOS: Consider approval of a request from Delray Taco, Ltd d/b /a
Rocco's Tacos for the purchase of four (4) in -lieu parking spaces located at 110 East
Atlantic Avenue at a cost of $62,400.00 each totaling.$15,600.00 to be paid in full upon
issuance of a building permit. (Quasi - Judicial Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Randal Krejcarek, City Engineer, stated this is an in -lieu request for
Rocco's Tacos located at 110 East Atlantic Avenue and is a Class III Site Plan
Modification adjacent to Worthing Park off East Atlantic Avenue between S.E. I't
Avenue and S.E. 2 d Avenue. Mr. Krejcarek stated this is converting 423 square feet of
common area into a kitchen expansion and a storage expansion. He stated LDR Section
4.4.13(G)(1) requires parking for changes or expansions of existing uses. Mr. Krejcarek
stated it was assessed 1 space for 300 square feet so they actually have one (1) space
vested into this new expansion. He stated the new expansion will require four (4)
additional spaces and this request came in prior to the change that the Commission made
in the in -lieu fees. Mr. Krejcarek stated the request that is being made is for four (4
spaces) $15,600 per space for a total of $62,400. He stated they are expanding the
kitchen and storage area but they are not expanding the seating area and it will not create
any new demand for parking even though it is still required to pay the in -lieu.
Mr. Krejcarek stated this item went before the Parking Management
Advisory Board (PMAB), the Community Redevelopment Agency (CRA) and the
Downtown Development Authority (DDA) and all recommend approval. Staff
recommends approval of this in -lieu.
Jess Sowards, Currie Sowards Aeuila Architects, 185 N.E. 4th Avenue,
Suite 9101 Delray Beach FL 33483 stated he present on behalf of the applicant to
answer any questions the Commission may have.
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09/16/14
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the in -lieu parking fee request, to come forward at this time.
There was no cross - examination or rebuttal.
Deputy Vice Mayor Jarjura asked if the cost per space the new fee or the
old fee. In response, Mr. Krejcarek stated this application pre -dates the change in the fee
and noted this is the old fee.
Vice Mayor Petrolia inquired about the number of parking spaces. Mr.
Krejcarek stated if you do the calculation based on the conversion of the space and do not
take into account anything that has been vested it would be five (5) spaces, but they have
one (1) vested space so it reduces the number of in -lieu spaces from five (5) to four (4).
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 adopt the Board Order, seconded by Mr. Jacquet.
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.C. VETERANS DAY AS AN ADDITIONAL CITY EMPLOYEES'
PAID HOLIDAY: Consider approval of a recommendation to afford City of Delray
Beach employees Veterans Day as an additional paid holiday.
Shirley McKennon, Human Resources Director, stated on June 17, 2014,
as a non - agenda item, the City Commission engaged in a discussion to grant Veterans
Day as an additional paid holiday for all City employees. There was a consensus of the
Commission to support the additional paid holiday. Ms. McKennon stated staff has
received approval from all three (3) unions (i.e., PBA, IAFF, and SEIU) to waive
negotiation and the ratification process. The City Attorney has advised that the
Commission formally approve the additional paid holiday so that staff can proceed with
the implementation of Veterans Day as a paid holiday for City employees.
Mayor Glickstein stated this request initially came from a city employee
who is also a veteran who called him on Memorial Day to make the point that Memorial
Day is to honor those who we have lost; Veterans Day is to celebrate those who we still
have among us. He noted the significance of the holiday and encouraged the rest of the
Commission to support it.
Mr. Frankel echoed Mayor Glickstem's comments and asked if there is an
actual cost for this. The Interim City Manager explained that there is a cost because there
are people who do not get the day off (i.e. Police Officers, Firefighters, Utility workers,
etc.) and in lieu of receiving a day off they get some additional pay. Jack Warner, Chief
Financial Officer, stated the cost is approximately $54,000.
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09/1 &114
Mr. Jacquet echoed Mayor Glickstein's comments and encouraged
everyone to support it because he feels it shows respect for those men and women who
serve our country.
Vice Mayor Petrolia moved to approve Veteran's Day as an additional
paid holiday for all City of Delray Beach employees, 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.
9.1). DISCUSSIONXITY COMMISSION WORKSHOP MEETING IN
NOVEMBER 2014: Discussion regarding rescheduling of the November 11, 2014 City
Commission Workshop Meeting.
Vice Mayor Petrolia moved to approve to reschedule the City Commission
Workshop Meeting from Tuesday, November 11, 2014 to Wednesday, November 13,
2014, 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.
9.E. RESOLUTION NO. 50 -14: RENEWAL OF INSURANCE
POLICY/FLORIDA MUNICIPAL INSURANCE TRUST (FMIT):_ Consider
approval of Resolution No. 50 -14; waiving the requirement of the City's procurement
code and not utilize a competitive selection method per the Code of Ordinances, Chapter
36, Section 36.02(A)(1), "Competitive Bids ", for procuring an insurance policy for
Property, Casualty, Excess Liability and Excess Workers' Compensation coverage; also
recommend approval to renew the City's insurance policy and payment of the premium
to Florida Municipal Insurance Trust (FMIT) in the amount of $1,507,428.00 for liability
insurance, property damage insurance and workers' compensation insurance for FY
2014 -15. Funding is available from 551 -1575 -591 -45.11 (Insurance Fund:
Insurance /General Liability Premium), 551 -1575- 591 -45.31 (Insurance Fund:
Insurance /Package Policy Premium) and 551- 1575 -591 -45.32 (Insurance Fund:
Insurance/ Excess Work/Compensation Prmium).
The caption of Resolution No. 50 -14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING A
RENEWAL OF ITS POLICY WITH FLORIDA
MUNICIPAL INSURANCE TRUST (FMIT);
DECLARING BY A FOUR - FIFTHS AFFIRMATIVE
VOTE THAT THE CITY'S SEALED COMPETITIVE
METHOD OR WRITTEN QUOTATIONS
PROCUREMENT METHOD IS NOT IN THE BEST
INTEREST OF THE CITY; PROVIDING FOR AN
EFFECTIVE DATE.
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09/16/14
(The official copy of Resolution No. 50 -14 is on file in the City Clerk's
office.)
Eddie DeMicco, Risk Manager, stated Resolution No. 50 -14 is for the
renewal of the Property and Casualty Insurance with the Florida Municipal Insurance
Trust (EMIT) through the Florida League of Cities. Mr. DeMicco stated the resolution is
to waive the requirement of the City's procurement Code of Ordinances Chapter 36,
Section 36.02(A)(1) Competitive Bids for Procuring and Insurance Policy Property
Casualty, Excess Liability and Excess Workers' Compensation Coverage for the fiscal
year October 1, 2014 through September 30, 2015 for the premium quote amount of
$1,507,428.00. Mr. DeMicco stated the City has purchased insurance through the FMIT
since 2009 and FMIT has been in existence in Florida since 1977 and is administered by
the Florida League of Cities. He stated the FMIT Program is the largest insurer of cities,
towns, and counties in the State of Florida. Mr. DeMicco stated this year's quote from
the Florida League of Cities has an option of raising the current deductible for non -named
storms from the current $50,000.00 to $100,000.00. Mr. DeMicco stated under this
option the City would experience a $77,119.00 reduction of premium of the quote. Staff
recommends this option and stated that staff did a five (5) year history of the losses for
non -named storms and the City has only incurred $17,212.00 over a five (5) year period.
Mr. DeMicco stated by going up to $100,000.00 staff feels there is hardly any risk and
the City would experience a savings of $77,119.00. Mr. DeMicco stated that quote with
the discounted rate would be a $39,285.00 or 2.5% decrease in the premium the City paid
last year. Furthermore, each year FMIT returns a portion of the premiums to each
member based upon the claims experience from the prior year; the City will receive a
return of premium totaling approximately $198,305.00 during the course of this fiscal
year. Mr. DeMicco explained the three (3) primary options available to the City Public
Risk Management (PRM), Preferred Governmental Insurance Trust (PGIT), and Florida
Municipal Insurance Trust (FMIT) and stated each was surveyed by the City's broker.
Staff recommends that the City renew with Florida Municipal Insurance Trust (FMIT) for
$1,507,428.00.
Deputy Vice Mayor Jarjura asked if the last time the City went out for a
competitive bid was 2009. Mr. DeMicco stated these typically do not go out to bid; with
property insurance there is only so much capacity in the State of Florida that businesses
will write. Mr. DeMicco stated the City uses the broker system (responsible for
surveying the market for the City) where they go out every three (3) years for the broker
and the City went out last year. Mr. DeMicco stated there is no contract with the Florida
League of Cities or FMIT; the City of Delray Beach is a member based upon paying the
premium. He stated it was felt that since there are other entities that possibly could
provide the insurance it would not be a sole vendor type of situation and so that the City
could comply with the ordinance. Mr. DeMicco stated the other entities are not viable
options for the City. Deputy Vice Mayor Jarjura stated expressed concern over the
renewal date of October 1, 2014 and why this is just now coming before the City
Commission. Mr. DeMicco stated FMIT is not an insurance company but it is a pool of
cities.
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09/16/14
Mayor Glickstein stated this is a time sensitive issue and there is no
market to bid and if the City uses the time to test that theory we may be out of luck in
terms of capacity. Mr. DeMicco stated the market has been vetted very well and the
Florida League of Cities is by far the best option that fits the City's needs.
The Interim City Manager stated the broker acts on the City's behalf in
going out and vetting what is available in making a recommendation to the City.
Deputy Vice Mayor Jarjura stated she would like a more detailed analysis
of what insurance companies were analyzed and more than 11 /2 weeks before the renewal
period expires.
Kevin Cothron, Broker for Ascension Benefits and Insurance
Solutions, stated in the governmental place when you have the small to medium size
municipalities is what is called "program business" which is an insurance trust such as
FMIT or an insurance pool such as PRM that specifically deals with only one given
marketplace; they exist only in the State of Florida and they only deal with Florida
municipalities. Mr. Kauffman stated they put together "package programs" which means
the City gets greater discounts. He stated Delray Beach is in the Tri- County area which
is considered one of the highest risk areas in the entire country.
Vice Mayor Petrolia inquired about the $77,000.00 savings that the City
would be receiving if the City increased its deductible by $50,000.00. Mr. Kauffman
stated this is an annual savings.
Deputy Vice Mayor Jarjura stated the options should be clear in terms of
why this was not bid out and requested a comparison of companies next year.
Mr. Kauffinann stated when a city is on a 10 /1 budget they are only going
to give the city a quote for "xx" number of days before the expiration period especially
on property. Mr. Kauffmann stated they can go to the stand -alone market and give the
City the comparison for next year.
Mr. Frankel inquired about a national search or national companies that
might be in the market for this. Mr. Kauffman stated if the City goes to stand -alone they
will be dealing with national companies; however, the prices all go up.
The Interim City Manager stated there are services that the City will
receive with FMIT such as inventory services for all the City properties and they work
with the City in dealing with FEMA in order to make sure that the City receives back
payments for any damage that is done; other companies will not offer those kinds of
additional services.
Mr. Frankel moved to approve Resolution No. 50 -14, 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.
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09/16/14
9.F. RESOLUTION NO. 52 -14; RETROACTIVE APPROVAL OF
PRIOR PURCHASES AND INCREASE EXPENDITURE LIMIT FOR FY 2013 -
2014/ARMCHEM INTERNATIONAL: Consider approval of Resolution No. 52 -14
declaring by a four -fifths affirmative vote that the City's sealed competitive method or
written quotations procurement method for the purchase is not in the best interest of the
City; request retroactive approval of prior purchases in the amount of $41,117.68; request
approval to increase the expenditure limit for Armchem International to an amount not to
exceed $50,000.00 for toilet paper and other supplies for FY 2013 -2014. This is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(11), "Best
Interest Acquisitions" and Section 36.02(C)(6)(a), "Sole Source ". Funding is available
from multiple accounts.
The caption of Resolution No. 52 -14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
THE PURCHASE TOILET PAPER, PAPER TOWELS
AND OTHER SUPPLIES FROM ARMCHEM, INC;
DECLARING BY A FOUR - FIFTHS AFFIRMATIVE
VOTE THAT THE CITY'S SEALED COMPETITIVE
METHOD OR WRITTEN QUOTATIONS
PROCUREMENT METHOD FOR THE PURCHASE IS
NOT IN THE BEST INTEREST OF THE CITY;
PROVIDING FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 52 -14 is on file in the City Clerk's
office.)
Jack Warner, Chief Financial Officer, stated this item under the City's
procurement provision that permits the City Commission to waive other provisions as
their being in the best interest of the city. On August 6, 2014, Mr. Warner became aware
that several of the City's facilities restrooms were out of soap, paper towels, and toilet
paper. Mr. Warner stated the Interim City Manager agreed and authorized for staff to go
forward with immediate purchases.
The Interim City Manager stated staff is trying to bring these items
forward and get them cleaned up and the Commission will not see these retroactive items
in the next fiscal year. However, the Interim City Manager stated what the Commission
will see is if purchasing rises to the level for a particular vendor where it is going to hit
the $25,000 amount then this would be brought before the Commission for approval. The
Interim City Manager clarified that none of this has come from the OIG; staff has
discovered this on their own and thus the reason for bringing it forward for resolution.
Mr. Warner stated that staff is still struggling with this for this fiscal year.
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09/16/14
Deputy Vice Mayor Jarjura stated on tonight's Agenda (Consent Agenda
and Regular Agenda) there is close to $500,000 in retroactive approval and the last
Agenda there was millions of dollars in fuel retroactive approval. She stated now the
City has new eyes looking at the City's procurement and purchasing process and how
many deviations the city has had from law. Deputy Vice Mayor Jarjura stated she
appreciates the new leadership and management of the city to be identifying these and
bringing them forward so that everyone complies with the law. After the subsequent to
the trash cart issue last year, Deputy Vice Mayor Jarjura stated she is happy that this is a
real issue in the city that adds up to millions of dollars that has gone unchecked. She
suggested that there be a training program or a quick cheat sheet that breaks down what
everyone should be doing to comply with the code.
Vice Mayor Petrolia moved to approve Resolution No. 52 -14, 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.
9.G. RESOLUTION NO.51- 141AMENDMENT NO. 1 TO THE INTERIM
SERVICE AGREEMENT/WASTE MANAGEMENT, INC. FLORIDA: Approve
Resolution No 51 -04; approving an Amendment to the Continuity of Services and
Settlement Agreement with Waste Management Inc. of Florida to provide for the
continuation of garbage and recycling collection services while the city engages in a
competitive solicitation; declaring by a four-fifths affirmative vote that the City's sealed
competitive method or written quotations procurement method for this amendment one to
the temporary continuation of services agreement is not in the best interest of the City.
The caption of Resolution 51 -14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
AN AMENDMENT TO THE CONTINUITY OF
SERVICES AND SETTLEMENT AGREEMENT WITH
WASTE MANAGEMENT INC. OF FLORIDA TO
PROVIDE FOR THE CONTINUATION OF GARBAGE
AND RECYCLING COLLECTION SERVICES WHILE
THE CITY ENGAGES IN A COMPETITIVE
SOLICITATION; DECLARING BY A FOUR- FIFTHS
AFFIRMATIVE VOTE THAT THE CITY'S SEALED
COMPETITIVE METHOD OR WRITTEN
QUOTATIONS PROCUREMENT METHOD FOR THIS
AMENDMENT ONE TO THE TEMPORARY
CONTINUATION OF SERVICES AGREEMENT IS NOT
IN THE BEST INTEREST OF THE CITY; PROVIDING
FOR AN EFFECTIVE DATE.
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(The official copy of Resolution No. 51 -14 is on file in the City Clerk's
office.)
Jack Warner, Chief Financial Officer, stated the interim Services
Agreement was set to expire on January 2nd and to avoid that and to give staff sufficient
time to not be rushed at all in the new procurement. Mr. Warner stated Waste
Management has agreed to stretch it to as long as May 31, 2015.
Mayor Glickstein asked what the status is of the RFP. The City Attorney
stated he expects to have a final draft by the end of this week; he expects by Friday that
staff will post the final RFP and the Franchise Agreement on the City's website. Mayor
Glickstein asked when he expects the response period to end. The City Attorney stated
the response period is 30 days after it is published.
Deputy Vice Mayor Jarjura stated she would like to see what the schedule
is upon public release of the RFP.
The Interim City Manager briefly explained the reason for the May 31St
date.
Vice Mayor Petrolia stated if Waste Management was the company
chosen and they offered a better rate, we can get that into play right away.
The City Attorney stated whatever the notice period is.
Mr. Frankel commented about the "cone of silence ".
Mr. Frankel moved to approve Resolution No. 51 -14, 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.H. ADDENDUM NO. 1 TO THE CONTRACT FOR SALE AND
PURCHASE OF OLD SCHOOL SQUARE GARAGE ARTS UNIT: Motion to
approve Addendum No. 1 to the Contract for Sale and Purchase of the Old School Square
Garage Arts Unit to extend the deadline until October 1, 2014 for the City to provide the
survey information and extend the Buyer's inspection period until November 15, 2014.
The City Attorney stated the Contract for Purchase and Sale requires that
the City was to provide a survey and condominium plot plan of the property within 45
days of execution of the contract. The City Attorney stated the City surveyor did not
timely produce that survey. Therefore, the City Attorney stated there is an amendment to
October 1, 2014 so that the City can prepare and deliver the survey and the buyer is also
requesting a corresponding extension to its inspection period so that they have adequate
time to review the survey.
Mr. Frankel moved to approve the Addendum No.1 to the Contract for
Purchase and Sale of the Old School Square Garage Arts Unit, seconded by Vice Mayor
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09/16/14
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.
9_I. NOMINATIONS FOR APPOINTMENT TO THE AFFORDABLE
HOUSING ADVISORY COMMITTEE: Nomination for appointment of one (1)
regular member to serve an unexpired term ending July 31, 2015 and one (1) regular
member to serve a two (2) year term ending July 31, 2016 to the Affordable Housing
Advisory Committee. Based on the rotation system, the nominations for appointment will
be made by Mayor Glickstein (Seat 45) and Vice -Mayor Petrolia (Seat 41).
Mayor Glickstein moved to nominate Rosanna Tartaro as a regular member
to serve on the Affordable Housing Committee for 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.
Vice Mayor Petrolia moved to nominate Pearl Markfield Elrod as a regular
member to the Affordable Housing Advisory Committee to serve a two (2) year term
ending July 31, 2016, seconded by Deputy Vice Mayor Jarjura. 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.
9.1 NOMINATIONS FOR APPOINTMENT TO THE PUBLIC
EMPLOYEES RELATIONS COMMISSION: Nominations for appointment of one
(1) regular member to serve a four (4) year term ending January 29, 2018; and one (1)
regular member and one (1) alternate member to serve four (4) year terms ending June
30, 2018 to the Public Employees Relations Commission. Based on the rotation system,
the nominations for appointment will be made by Mayor Glickstein (Seat 95), Vice -
Mayor Petrolia (Seat #1) and Commissioner Jacquet (Seat #2).
Mayor Glickstein moved to nominate Paula Aridas (incumbent), seconded
by Vice Mayor Petrolia.
At this point, Mr. Frankel stated he reviewed the attendance records for
2014 and there has been no meeting. The City Clerk stated they meet as needed. Mr.
Jacquet asked what sort of issue would cause PERC to have to meet. The City Clerk
stated PERC previously met when they had some questions regarding civil service
employees looking into starting a union several years ago.
Mr. Jacquet suggested that PERC be either dismantled or joined with
another board. Mayor Glickstein stated if this is not time sensitive, he suggested that
staff look into abolishing this board. The City Clerk stated she and the City Attorney can
review Chapter 35 of the City's code and possibly find another board to serve this
purpose if every needed.
36
09/16/14
It was the consensus of the City Commission to defer all of these
nominations until further notice.
9.K. ESTOPPEL CERTIFICATE /SPF5 MIDTOWN DELRAY, LLC.:
Consider approval of the Estoppel Certificate as requested by SP5 Midtown Delray, LLC
and its attorney to facilitate the sale of Midtown Delray located at 2200 Blood Grove
Circle. (ADDENDUM)
Lula Butler, Director of Community 1_inprovement, stated this item is
approval of an Estoppel Certificate as requested by SP5 Midtown Delray, LLC and is its
attorney to facilitate the sale of this development. Ms. Butler stated the Midtown Delray,
LLC is located at the old Blood's Grove site. She stated in 2012 the City entered into a
Workforce Housing Covenant Agreement and it was amended in February 2014. The
developer is responsible for providing thirty -two (32) workforce units and they are in the
process of selling this property; the City is verifying for the buyer that they are in
compliance with their agreement.
Mayor Glickstein suggested that the language in the Estoppel Certificate
( 42) that reads "the best of the City's knowledge" be substituted with "reasonable efforts"
and stated he would like to tie it to an affidavit from the owner that they are in full
compliance.
Brief discussion between the City Attorney and Mayor Glickstein
continued.
Mr. Frankel moved to approve the Estoppel Certificate as amended,
seconded by Vice Mayor Petrolia. Upon roll call the City 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.
11. FIRST READINGS:
A. None
12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
12.A. City Manager
The Interim City Manager stated the City has several crossing protection
devices for our railroads that we pay an annual maintenance fee on and at times there is
repair that is necessary on those. He stated there is currently a maintenance fee of
approximately $23,270 that the City pays for various crossings. The Interim City
Manager stated because of the quiet zone corridor that is being planned and the
improvements to the system that are there. The Interim City Manager stated originally
the City heard from the Palm Beach MPO that there would be three (3) sites where they
would help pay for improvements and exit gates which will cost approximately $12,600.
However, the Interim City Manager stated the MPO has now come back and said that
37
09/16/14
they will pay for the additional cost of the seven (7) exit gates at all of the crossing
locations; the cost for the additional seven (7) exit gates is $29,400. Therefore, the
Interim City Manager stated the total would cost $52,670 a year and he feels that is
manageable.
Mayor Glickstein stated he has an MPO Board meeting on Thursday,
September 18, 2014. After brief discussion, Mayor Glickstein the quiet zones are an
improvement and supports the additional maintenance cost. It was the consensus of the
Commission to support the additional maintenance cost.
12.B. City Attorney
The City Attorney stated at the October 7, 2014 City Commission meeting
he expects to have prepared Agenda items with respect to the nominations to the boards
and an ordinance amendment with respect to the removal of board members. For the
record, the City Attorney stated he received a Letter of Resignation from Mr. David
Harden informing the City that he has resigned from the Historic Preservation Board.
Secondly, the City Attorney stated he would like permission to work with
Dana Little, Director of Planning and Zoning to prepare for the City Commission's
review the ordinance with respect to the amending referendum on marijuana
dispensaries /medical marijuana treatment centers and noted many cities are enacting
ordinances that would restrict certain zoning districts.
The City Attorney stated October 7, 2014 he will give the Commission a
status of the City Attorney's office and what he has been doing for the past three (3)
months.
Lastly, the City Attorney introduced the new Assistant City Attorney
Michael Dutko.
12.C. City Commission
12.C.1. Mr. Frankel
Mr. Frankel commented about Gary Ferrari's email.
Secondly, Mr. Frankel stated the food trucks at Saltwater Brewery were a
big hit.
Mr. Frankel stated he met yesterday with the aides for Congressman
Dortch, Congresswoman Frankel and Senator Nelson regarding certain issues happening
in the city. Mr. Frankel stated there may be some room for some Federal Grant
applications for various projects.
38
09/16/14
Lastly, Mr. Frankel stated the Commission has their second meeting with
the Houston Astros and Washington Nationals Monday, September 22, 2014 with the
Tourist Development Council (TDC). Mr. Frankel stated he is trying to fight for a South
Palm Beach County location for a stadium and hopes this is passed because he feels it
would be a nice sports tourism component for South Palm Beach County specifically
Delray Beach.
12.C.2. Deputy Vice Mayor Jarjura
Deputy Vice Mayor Jarjura welcomed the new Assistant City Attorney.
Secondly, Deputy Vice Mayor Jarjura commented about the CIP budget
and Mr. Smith's suggestion about the city exploring some type of financing options and
stated the City needs to start looking at ways in how to get some of these projects done
that add to quality of life for the residents and the safety of our city.
Lastly, Deputy Vice Mayor Jarjura stated with regard to the issues raised
by the public in terms of safety, she hopes that the Interim City Manager and Police Chief
Goldman will communicate with residents in trying to address those needs along with the
CRA to try and get the additional funding that the city needs. The Interim City Manager
stated that Police Chief Goldman began an initial conversation with the residents who
spoke this evening and that is going to continue.
12.0.3. Vice Mayor PetroIia
Vice Mayor Petrolia explained the reason she did not vote for the DDA
budget.
Secondly, Vice Mayor Petrolia stated she attended the 9/11 ceremony at
Atlantic High School and it was beautifully done.
Vice Mayor Petrolia commented about emails she received regarding a
parking ticket which the Interim City Manager is taking care of. She stated there are
possible issues with the parking spaces not being well marked. Vice Mayor Petrolia
briefly commented about a parking situation recently that she was involved in.
Vice Mayor Petrolia commented the situation with emails regarding
MacNamee vs. Gray is continuing.
Vice Mayor Petrolia stated she does not like the monitor(s) on the dais
because it is blocking her view and suggested that it be less imposing.
The Interim City Manager stated these monitors were done specifically so
that some of the Commission would not have to turn their backs on presenters whenever
there is a presentation so staff asked that the monitor be put in; these were done in -house
and were not purchased. He stated staff will look into getting smaller monitors.
39
09/16/14
Lastly, Vice Mayor Petrolia commented about the potential of taking a
loan in the near future in order to be able to capitalize on better lending rates. She stated
if the City is thinking of doing something like that and they are going to be required to
have a referendum they have one opportunity from this point for another two (2) years
without polling a special voting situation. Vice Mayor Petrolia stated unless there is a
Special Election there will be a March 2015 Election and then March 2017.
12.C.4. Mr. Jacquet
Mr. Jacquet stated he likes the monitor(s) on the dais versus having to turn
around and view the large screen; however, Mr. Jacquet suggested that the monitor(s) be
a little smaller in size.
Secondly, Mr. Jacquet commented about Ms. Moody's comments
regarding the incident that happened with Ms. Daniels.
Mr. Jacquet expressed concern over site visibility throughout the city and
stated that when he pulls up to a stop sign he cannot see oncoming traffic until he gets to
the middle of the road. He requested a report on safety and the most dangerous
intersections in the city and that it is tied in with the lack of visibility on the corners.
Lastly, Mr. Jacquet stated he would like to explore the option of whether
Delray Beach should have a Sister Cities relationship with Haiti. He stated there are
some very well developed cities in Haiti that could really use this cultural exchange along
with our community as well. Mr. Jacquet stated he would like input from the
Commission and would like to get the Sister Cities Board involved.
12.C.5. Mayor Glickstein
Mayor Glickstein echoed comments expressed by Vice Mayor Petrolia
with regard to the 9111 ceremony at Atlantic Community High School. He stated the
JROTC, the school band and the Police Academy gave a great presentation.
Secondly, with regard to Deputy Vice Mayor Jarjura's comments, Mayor
Glickstein stated the City's credit rating will never be better than it is now and the
accounting changes go into effect 2015 where the City's unfunded liability will now be a
number on the City's balance sheet. He stated it is going to impact those credit ratings
and suggested that the cost of borrowing today will never be cheaper. Mayor Glickstein
stated he would like Mr. Warner to start conversation about a General Obligation Bond
that would get the City out in front of a lot of these infrastructure needs. The Interim
City Manager stated he spoke to Mr. Warner today about refinancing some of the City's
debt.
With regard to Mr. Frankel's comment about the collective bargaining,
Mayor Glickstein stated he has voiced his displeasure at who is representing the City at
the table and asked when the City Commission is going to reconvene in an Executive
Session. The Interim City Manager gave kudos to the City Attorney for working with the
40
09/16/14
new attorney who will be representing the City and they have put together a table of
contents that will be addressed during that meeting.
Mayor Glickstein stated the City has a Federal lobbyist who has a very
specific job description and he asked whether the City's State lobbyist who also has a
very specific scope of work should be expanded. Mayor Glickstein stated there was a
budget surplus and he implored the previous City Manager to reach out to other resources
for those State dollars but that never happened. Furthermore, Mayor Glickstein stated
there are dollars on the Federal level as well and asked that the City open up those
discussions as well.
Lastly, with regard to the Federal Highway improvements, Mayor
Glickstein requested either the City Engineer or Randal Krejcarek, Director of
Environmental Services to drive the roads and look for areas that may call for plan
deviations. For example, Mayor Glickstein stated when heading southbound on US -1
and turning right (west) on Lake Ida Road (heavily traveled turn lane), there is an
outcropping for landscaping. He stated it makes more sense to eliminate that little bit of
landscape to maintain the turn lane that is already there. Mayor Glickstein stated he
would like to know where field adjustments have been made to maintain traffic flow
without impeding the goals of what the city is doing there.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 10:48 p.m.
ATTEST:
Y 0 R
City Clerk
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on September 16, 2014, which Minutes were formally approved and adopted by the City
Commission on March 3, 2015.
City Clerk
41
09/16/14
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.
42
09/16/14
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 REQUEST FOR. PERIWINKLE .RETAIL STORE.
AT 339 EAST ATLANTIC AVENUE
1. This. waiver request Came before the City Commission on September 16,
2014.
2;, The Applicant and City, staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for the Periwinkle .
retail store at .339 East Atlantic Avenue. All of the evidence is a part of the record in this
case. Required findings are made in accordance with Subsection i;
f. WAIVER:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver,. the approving
body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area,
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and;
('d) Does not result in the grant of a special privilege in that. the same waiver
would be granted under similar circumstances on other unique
public/private partnership propertyfor another applicant or owner.
A. Waiver Request:
Pursuant to LDR Section 4.4.13(F)(4)(a)(2), for buildings with
nonresidential uses on the ground floor, a five foot (5') .setback must be
provided. The applicant has requested a waiver to allow a zero foot (0')
setback.
Should the waiver to 4.4.13(F)(4)(a)(2) be granted?
Yes No
City Commission Regular Meeting 09!16114
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 that 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
corimpetent.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 16th day, of September, 2014, by a vote of 5 in favor and 0
opposed.
ry
ATTEST: kstein, Mayor
Chevelle; Nubin, City Clerk
2
City Commission Regular Meeting 09/16/14
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
IN. LIEU PARKING FEE REQUEST FOR DELRAY TACO, LTD]:, DIBI.A. ROCCO'S
TACOS
1. This in lieu parking fee request for the purchase of four (4) parking spaces
in- lieu has come before the City Commission on September 16, 2014.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the in lieu parking fee request for Delray
Taco., LTD., dlbla Rocco's Tacos. All of the evidence is a part of the record in this case.
Requ.ired.findings are.rnade. in accordance with S. ubsection I.
1. IN LIEU PARKING FEE:
Pursuant to LDR Section 4.6;9(E)(3), when additional parking is required due to
conversion of use to an existing building and it is impossible or inappropriate to provide
such parking the City Commission may approve the payment of an in lieu fee rather
than provide the required parking. In the case of conversion of use, no existing. parking .
spaces may be. eliminated.
Does the In Lieu Parking Fee request for the purchase of four (4) parking
spaces in -lieu meet the requirements of LDR Section 4.6.9(E)(3). and the
conditions, if any, listed below?
The in lied parking fee is $15,600.00 per space totaling $62.400.00.
Payment is due upon issuance of a building permit.
Yes ✓ No
3. The City Commission hereby finds that the In Lieu Parking Fee Request
meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the
conditions listed above, if any, and the City Commission has applied the
Comprehensive Plan and finds that its determinations set forth in this Order are
consistent with the Comprehensive Plan and Land Development Regulations.
City Commission Regular Meeting fl9I16 /1Q
Item 9.13.
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 the in lieu parking fee request as set forth above.
6i Based on the entire record before it, the City Commission hereby adopts
this Order this 16th day of September, 2014, by a vote of 5 in favor and 0.
opposed.
TEST: Ca ickstein, Mayor
Chevelle Nubin, City Clerk
2
City Commission Regular Meeting 09/16/14
Item D.B.