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09-04-14 Regular Meeting MinutesSEPTEMBER 4, 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., Thursday, September 4, 2014. 1. Roll call showed: Present - Vice Mayor Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Deputy Vice Mayor Jordana Jarjura Mayor Cary Glickstein Absent - None Also present were - Terry Stewart, Interim 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: S.A. Swearing -In of New Police Chief Jeff Goldman The City Clerk swore in the new Police Chief Jeff Goldman. 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 with regard to prior comments expressed by Dr. Josh Smith and Ms. Joy Howell about a desire to see diversity on City boards and committees, the Interim City Manager stated that will be the ultimate decision of the City Commission, however, in making that decision he has asked staff about what has existed m other communities and see how they deal with the issue to be able to determine if staff 09/04/14 can bring back some ideas and thoughts about how the Commission wishes to approach that. With regard to a prior concern expressed by Dorothy Lee about the Community Emergency Response Team (C.E.R.T.) and the great value it brings to the community, the Interim City Manager stated it was initially cut for the budget this year. However, the Interim City Manager stated he and Fire Chief Connor discussed this and they returned funding to the C.E.R.T. Program that the City provides under $15,000 of funds and those people would be available to assist the City in major emergencies such as hurricanes. With regard to Mr. Whiteman's prior concern echoing Dr. Victor Kirson's comments about giving up the tennis center and selling it for a profit, the Interim. City Manager stated Mr. Whiteman suggested that there be dialogue between the DDA and CRA to see if they can do a better job to market the tennis center and turn it into a profit rather than a financial drain to the city. The Interim City Manager stated Parks and Recreation has indicated that existing contracts regarding the tennis stadium are being reviewed to determine available options for the future and this issue is currently undergoing review by the City's legal counsel. With regard to a prior concern expressed by Mr. Katz about the BPOA's concerns about extending the CRA boundaries out to the beachside of A -I -A, the Interim City Manager stated Mr. Katz briefly numerous benefits that he believed would inure to the City and the CRA. The Interim City Manager stated the context of Mr. Katz's comments was to enable the Beach Master Plan to be able to move forward with greater acceleration and clarity. The Interim, City Manager stated that Parks and Recreation has submitted a Commission Agenda item on behalf of the BPOA to update the Commission on the Beach Area Master Plan. He stated any modifications to the CRA District boundaries require City Commission approval and the CRA welcomes the opportunity to discuss the matter further with the City Commission. With regard to a prior comment expressed by Commissioner Frankel that he knows a group that would like to rent the tennis center the second week of January 2015, the Interim City Manager stated Parks and Recreation has been working with JCD Sports Group and Match Point to finalize the terms of the event requirements. The Interim City Manager stated Commissioner Frankel had commented that there are two issues; the tennis stadium and the tennis tournament and that he would like staff to identify the number of hotel stays and the number of dollars spent in the city, and the national/international television exposure. The Interim City Manager stated according to Parks and Recreation staff, the number of room nights and economic impact associated with specific events/event dates for the tennis stadium and tennis events. The Delray Beach Marketing Cooperative (DBMC) can provide data for holidays, First Night, July 4th and On The Avenue. With regard to a prior concern expressed by Commissioner Frankel about sessions he attended at the League of Cities regarding homelessness and how other cities 2 09/04/14 deal with it, the Interim City Manager stated Commissioner Frankel stated a lot of cities are partnering with United Way in helping and assisting some people in the area. At the present time, the Police Department is partnering with C.R.O.S. Ministries to help educate the homeless on what services are available. This partnership came out of a recent change in the panhandling ordinance. The Police Department will continue to look for different partnerships and the city will reach out and work together with it. With regard to a prior comment expressed by Mayor Glickstein about a letter he received in April 2014 about the CRA boundaries, the Interim City Manager stated he feels it is relevant to address the funding source from implementing the Beach Master Plan with respect beach related expenses. The Interim City Manager stated the CRA has indicated that any modification to the boundaries requires City Commission approval and the CRA welcomes the opportunity to discuss it further. The Interim City Manager stated with regard to Mayor Glickstein's comment about economic development and that the City's current budget cycle is the City's commitment to the Library which he fully supports, the Interim City Manager stated Mayor Glickstein expressed concern about being able to provide a venue for the local schools and high schools to look for entrepreneurs. He stated there are local entrepreneurs who live in cities that come to work in Delray Beach that would like this kind of space as well. The Interim City Manager stated Economic Development has indicated that the City is working together with Delray Beach Library for a sister facility and an internal leadership team has been formed to determine a possible vision and next steps for this potential project. The first team meeting is proposed for Thursday, September 11, 2014 at 3:00 p.m. in the 1" Floor Conference Room at City Hall and members of this new action team include Assistant City Manager Francine Ramaglia, Lula Butler, Diane Colonna, Suzanne Davis, Janet Meeks and Joan Goodrich (Team Coordinator). With regard to a prior concern expressed by Commissioner Frankel regarding the Special Election on Tuesday, August 26, 2014 and the referendum for Delray Beach, the Interim City Manager stated Commissioner Frankel expressed his disappointment that there were no early voting sites in the City of Delray Beach. The Interim City Manager stated Palm Beach County Supervisor of Elections has the primary responsibility for early voting for the Primary and General Elections per Florida Statutes Section 101.657 regarding the early voting requirements and City (Ordinance No. 2-05 (a copy provided to the City Commission). In 2005, the City of Delray Beach decided to opt out regarding municipal elections and early voting. The Interim City Manager stated there have been a couple of instances where the City of Delray Beach has participated in early voting sites; if the Commission desires to have early voting sites in the City, the City has to pay and request that the Supervisor of Elections come in and do that. The Interim City Manager stated should the Commission at any time wish to do so, they can inform him and he will work with the City Clerk in contacting the Supervisor of Elections and make that happen. 3 09/04/14 6.B. From the Public. 6.B.1. Steve Blum, 115 Venetian Drive #C, Delray Beach, FL 33843 (Antilles Homeowners' Association), expressed concern that items are being piled on the consent agenda that should be on the regular agenda being discussed. Mr. Blum stated Item 8.G., Renewal of Umbrella Agreement for Banking Services/Bank of America, N.A. should be moved to the Regular Agenda because the contract is three (3) years old and the rates have become much more competitive, the original agreement was through an RFP with the Village of Wellington and does not feel we have to piggyback on the City of Wellington, last month Bank of America agreed to the largest settlement in. history ($17 billion most of it involving countrywide mortgages). Mr. Blum stated it now is the time for the City to negotiate with Bank of America. He stated the request is to approve this and give staff a two-year window and he does not know what staff would do in that two- year period other than look at what's happening. Mr. Blum stated the City's fiduciary responsibility is to put this out for an RFP and urged the Commission to move this item to the correct agenda. 6.B.2. Jim Smith. 1225 South Ocean Boulevard. Delrav Beach. FL 33483 (Chairman of S.A.F.E.) stated at the last meeting the BPOA briefly spoke about he and S.A.F.E. supported the BPOA's request to extend the CRA boundary to the east. Mr. Smith stated they had also suggested that the City consider extending the boundary further to the south past S.W. 10'11 Street. Mr. Smith asked who is responsible at the city for when a child is hurt walking or bicycling to school in unsafe conditions that need to be looked at. He stated the City is considering doing "Walk a Child to School Day" this year and urged the Commission to talk to Principal William Fay, Jr. of Banyan Creek Elementary School. Mr. Smith asked why 250 parents are driving their children to school and expressed concern about it being unsafe; if the children live further away they could take the school bus and inquired as to why are they are not walking. He stated the conditions on Barwick Road are exactly the same as 12 years ago but more people have been hurt and another 14 has been killed. Mr. Smith stated S.A.F.E.'s suggestion is put up a guardrail on the east side of Barwick Road and inside that guardrail take out some of the grass and put in an asphalt pathway so it can be used as a bicycle lane. In addition, Mr. Smith suggested that the city get a curb and gutter and connect it to the other side of the street. 6.B.3. Debra Kaiser. 920 FoxDointe Circle. Delrav Beach. FL 33445 (retired Executive from a Fortune 500 comnanv and has lived in Delrav Beach for 11 vears). stated in 2003 she attended the City's residents academy and served on the Education Advisory Board 8 out of 11 years. Ms. Kaiser read a brief statement into the record and stated they need the help of the City Commission to bring funding to the schools. She stated they have done so much for the city; the City has done so much for its students, but feels we have not done enough for the children. 4 09/04/14 6.B.4. Marlene Brown, 950 Greensward Lane, Delray Beach, FL 33445, stated she has been an active volunteer in the school system for thirty (30) years. Ms. Brown read a brief statement into the record regarding children, reading and education. 6.B.5. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, commented about Item 9.B., Contract for Purchase and Sale Between Delray Beach and Cannery Row, LLC; 60 Day Option Notice; Offer for Park Dedication, and stated this is a small sliver of land at the corner of 2"d and 3rd. Ms. Morrison stated the land is proposed to be an open space finished by the developer which means the developer will provide irrigation, landscaping and pavers for this area; it would be maintained by the Cannery Row Association and the only cost to the City will be utilities for the irrigation so it will be a minimal long-term expense for the City if at all. She stated this is good for the Pineapple Grove neighborhood and urged the Commission to approve. 6.B.6. Ari Whiteman 5091 Washington Road Delray Beach FL 33484 asked why newly promoted sergeants and lieutenants are making more money than senior sergeants and lieutenants at the Police Department. Secondly, Mr. Whiteman inquired about the status of contract negotiations (i.e. pensions, etc.) for the Police Department. 6.B.7. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483 commented about the accolades for Jeffrey Goldman and read into the record a quote stated by Police Chief Goldman from an article in the Atlantic Avenue Magazine. Mr. Warner stated he is glad that the Commission supports Police Chief Jeffrey Goldman. 6.B.8. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, suggested the following ways for the City to raise revenue for the budget: (1) increase the hours for the parking meter usage along the beach from 8:00 p.m. to 12:00 a.m. or later (4 additional hrs. of meter usage would increase revenue by (4 additional hrs. @ $1.50 per hour x $6.00 additional revenue per meter per evening; 6 x 200 parking meter spaces = $1,200 per evening x two (2) weekend nights = $2,400 per weekend x 52 weeks = $124,800). Ms. Finst stated for the actual number of spaces (201) the money actually comes out to $125,424 and suggested that this not be limited to weekends but could also extend to seven (7) days a week. She stated there is some reluctance to this idea because some restaurants would not like it but feels people dining on Atlantic Avenue are paying much more for valet. Mrs. Finst stated paying a parking meter reader at night $10-$12 per hour seems worth the money and noted if this was approved two (2) years ago the City would have had an extra $250,848. 6.B.9. Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 33483, stated it is great that the City Commission is addressing process. Secondly, Mr. Humanik commented about the All Aboard Florida meeting and stated what he got out of the meeting is that there is going to be 32 passenger trains between Miami and Orlando and a whole lot of freight. He stated he would like to see 09/04/14 the passenger side move from out here to there. Mr. Humanik stated that education is the key of property values and suggested that the City look at Bergen County Academies in Bergen County, New Jersey. Mr. Humanik stated this is a County school and kids commute an hour by bus to attend and if they are in sports they do not get out until 7:00 p.m. Mr. Humanik stated they have 4-5 students every year that attend Stanford and hundreds of all the IB students and the top 25 students. He stated people move there because you have to be in by 5a' grade and stated the key is that the culture encourages the students. Mr. Humanik suggested that the parking permits be pro -rated. He stated one of the meters does not work in the Sandoway lot. Lastly, Mr. Humanik commented about the purchase award to Florida Bullet, Inc. in the amount of $17,097.20 for ammunition needs for the SWAT team training and suggested that the City put this money in a fund and use it for salaries. 6.1110. Gene Fisher, 247 N.E. 1St Avenue, Delray Beach, FL 33483 (President of the Pineapple Grove Arts District), briefly spoke about the outparcel for Cannery Row and urged the Commission to do what is best for the community in particular Pineapple Grove. 6.B.11. Pauline Moody, 609 S.W. Stn Avenue, Delray Beach, FL 33444, stated she is against the government being involved in the schools because she feels there has to be a line drawn between cities and government. In her opinion, Ms. Moody stated the city should not take the place of parenting. Secondly, Ms. Moody spoke regarding Item 9.B., Contract for Purchase and Sale Between Delray Beach and Cannery Row, LLC; 60 Day Option Notice; Offer for Park Dedication. Lastly, Ms. Moody stated everyone on the street is not homeless and she urged the Commission to come see how C.R.O.S. Ministries is running the Caring Kitchen before recommending any funding for programs. 6.11.12. 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), thanked the City Attorney and the City Manager because they appear to be bully proof. 7. AGENDA APPROVAL. The Interim City Manager requested to withdrawn Item $.G., Renewal of Umbrella Agreement for Banking Services/Bank of America, N.A. Mr. Frankel moved to approve the Agenda as amended, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mr. 6 09/04/1.4 Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jadura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL) MAN CON, INC.: Approve Contract Closeout (Change Order No. l/Final) in the amount of $199,623.11 decrease and final payment in the amount of $37,654.31 to Man Con, Inc. for completion of the Reclaimed Water Area 12A, Phase II Project (Bid No. 2014-14). This is in compliance with Code of Ordinances, Chapter 36, Section 36.06 (A)(2), "Change Orders within the Scope of Work". 8.B. SERVICE AUTHORIZATION NO. 12-06/DAVID MILLER & ASSOCIATES, P. Approve Approve Service Authorization No. 12-06 with David Miller & Associates, P.A. in the amount of $23,300.00 for professional services related to the Merritt Park Renovations (Project No. 14-052). This is in compliance with Code of Ordinances, Chapter 36, Section 36.02 (C)(3), "Professional Services". Funding is available from 117-4151-572-63.40 (Recreation Impact Fee FD: Improvements Other/Recreational Improvements) and 117-0000-366-70.00 (Recreation Impact Fee FD: Community Redevelopment Agency). 8.C. INCREASE EXPENDITURE LIMITILHOIST NORTH AMERICA OF ALABAMA, LLC.: Approve an increase in the expenditure limit with Lhoist North America of Alabama, LLC. in the amount of $900,000.00 for the purchase and delivery of bulk quicklime via the City of Boynton Beach Bid No. 009-2821-13/JMA. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (C)(8), "Cooperative Acquisitions". Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). 8.D. RETROACTIVE APPROVAL OF PRIOR PURCHASES AND INCREASE TO SPENDING LIMIT11C. WHITE: Approve retroactively prior purchases by HON Company and distributed locally by JC White under the Florida Department of Management Services Contract 425-001-12-1 competitively bid via ITB 17-425-001-F in the amount of $26,938.50 and authorization to increase the spending limit to an amount not to exceed $37,500.00 for office furniture manufactured. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(7), "Utilization of Other Governmental Entities' Contracts" and Section 36.03(B) "Multiple Acquisitions From Vendor Exceeding Twenty -Five Thousand Dollars ($25,000.00) in Any Fiscal Year". Funding is available from 115-2112-521-64.10 (Special Projects Fund: Machinery/Equipment/Office Furniture/Fixtures) and 441-5111-536-64.10 (Water and Sewer Fund: Machinery/Equipment/Office Furniture/Fixtures). 8.E. SPENDING LIMIT INCREASE/ACE HARDWARE: Approve a spending limit increase with Ace Hardware in an amount not to exceed $30,000.00 for tools, hardware and supplies to be purchased by various multiple departments. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions From Vendor Exceeding Twenty -Five Thousand Dollars ($25,000.00) in 7 09/04/14 Any Fiscal Year". Funding is available from multiple budgets. 8.F. LANDSCAPE MAINTENANCE AGREEMENT RENEWAL/COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA, INC.: Approve renewal of a Landscape Maintenance Agreement with Complete Property Services of South Florida, Inc. in the amount of $29,180.00 for Atlantic Avenue Gateway Feature (Bid No. 2013-33). This is in compliance with the Code of Ordinances, Chapter 36, Section 36.07(A)(3), "Renewals". Funding is available from 119-4144-572-46.40 (Beautification Trust Fund: Repair & Maintenance Services/Beautification Maintenance). 8.G. THIS ITEM HAS BEEN WITHDRAWN FROM THE AGENDA. 8.11. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT/ COMMUNITY REDEVELOPMENT AGENCY (CRA): QUIET TITLE TO AN ALLEYWAY IN BLOCK 13: Approve Amendment No. 1 to the Interlocal Agreement with the Community Redevelopment Agency (CRA) to Quiet Title to the Block 13 Alleyway which was conveyed to the City by a County Deed dated March 11, 2014. 8.I. PROCLAMATIONS: 1. Attendance Awareness Month September 2014 8.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 11, 2014 through August 22, 2014. S.K. AWARD OF BIDS AND CONTRACTS: 1. Bid award to multiple vendors in an amount not to exceed $200,000.00 for medical supplies and medications to be ordered "as needed" through Cooperative Bid No. 051-2210-14 with the City of Boynton Beach. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (C)(8), "Cooperative Acquisitions". Funding is available from 001-2313-522-52.16 (General Fund: Operating Supplies/EMS Supplies) and 001-2315- 526-52.16 (General Fund: Operating Supplies/EMS Supplies). 2. Purchase award to Southeastern Pump Corporation in an annual amount not to exceed $83,000.00 for the purchase and supply of submersible wastewater pumps for Wastewater Lift Stations. This award is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (A), "Sealed Competitive Method". Funding is available from 441-5144-536-46.20 (Water and Sewer Fund: Repair and Maintenance Service/Equipment Maintenance). 3. Contract award to T.V. Diversified, Inc. (Bid No. 2014-40) in the amount of $90,378.00 for rehabilitation of three (3) lift stations located in the Verona Woods subdivision, Hamlet subdivision and Chateau Woods subdivision as part of the annual Lift Station 8 09/04/14 Rehabilitation Program. This is in compliance with Code of Ordinances, Chapter 36, Section 36.02 (A), "Sealed Competitive Method". Funding is available from 442-5178-536-68.15 (Water & Sewer Renewal & Replacement Fund: Improvements Other: Lift Station Rehabilitation). 4. Lease award to Bancorp/Mears Motor Leasing (RFP# 2014-29) for nine (9) Volunteer vehicles in the amount of $288.69 a month per vehicle for the first year of the lease; the second and third year cost will be slightly less at $280.41 and $273.66 per vehicle per month, respectively. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Competitive Bids". Funding is available from 001-2111-521-44.40 (General Fund: Rentals & Leases/Vehicles Rentals/Lease) and 001-2111-521- 46.31 (General Fund: Repair & Maintenance Services/Vehicle Maintenance — Other). 5. Purchase award to CDW-Government, Inc. in the amount of $62,934.41 via Western States Contracting Alliance Contract 41327172 250-WSCA-10-ACS for eleven (11) in -car video cameras. Funding is available from 001-2115-521-64.90 (General Fund: Machinery/Equipment/Other Machinery Equipment). ♦ RESOLUTION NO. 49-14: Approve Resolution No. 49- 14; authorizing the purchase of in -car video cameras from CDW-Government, Inc. pursuant to a competitively bid contract between the vendor and the Western States Contracting Alliance; 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. (ADDENDUM) 6. Purchase award to Florida Bullet, Inc. in the amount of $17,097.20 for ammunition needs for the SWAT team training and on duty use. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(6)(b), "City Standard" and Section 36.03 (B), "Multiple Acquisitions From Vendor Exceeding Twenty -Five Thousand Dollars ($25,000.00) in Any Fiscal Year". Funding is available from 001-2115-521-52.19 (General Fund: Machinery/Equipment/Other Machinery/Equipment). 7. Purchase award to Strobes -R -Us in an amount not to exceed $38,000.00 pursuant to the terms of City of Sunrise Contract No. 11(06)-01-01-01-19 W for the purchase and installation of vehicle equipment in four (4) new vehicles and eleven (11) existing Police Department vehicles. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(7)(a), "Methods of 9 09/04/14 Acquisition, Direct Acquisition Method, Utilization of Other Governmental Entities' Contracts", and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". Funding is available from 001-2115-521-64.90 (General Fund: Machinery/Equipment/ Other Machinery/Equipment) and 001-2115-521-52.27 (General Fund: Operating Supplies/Equipment < $1,000). 8. Purchase award to Municipal Equipment Company, LLC (MECO) in the amount of $71,115.00 for 33 sets of Firefighting Protective Equipment based on the Lake County Contract 412-0806M. This is in accordance with the Code of Ordinances, Chapter 36, Section 36.02(C)(6)(b), "City Standard" and Section 36.02(C)(7), "Utilization of Other Governmental Entities' Contracts". Funding is available from 001-2315-526-64.60 (General Fund: Machinery Equipment/Other Machinery/Equipment) and 0012313-522-64.90 (General Fund: Machinery/Equipment/Other Machinery/Equipment). Mr. Frankel moved to approve the Consent Agenda as amended, 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. REGULAR AGENDA: 9.A. RESOLUTION NO. 43-14/QUALIFIED TARGET INDUSTRY TAX REFUND LOCAL MATCH: Consider approval of Resolution No. 43-14; authorize the creation of seventy-five (75) new high -wage jobs and the retention of seventy-five (75) existing jobs by Project Obsidian, an existing financial services headquarters company located in the City of Delray Beach. office.) The caption of Resolution No. 43-14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOMMENDING PROJECT OBSIDIAN BE CONDITIONALLY APPROVED AS A QUALIFIED TARGET INDUSTRY BUSINESS PURSUANT TO 5.288.106, FLORIDA STATUTES; PROVIDING CONDITIONAL APPROVAL FOR LOCAL FINANCIAL SUPPORT FOR THE QUALIFIED TARGET INDUSTRY TAX REFUND WITH HIGH -IMPACT SECTOR BONUS; PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 43-14 is on file in the City Clerk's 10 09/04/14 . Joan Goodrich Economic Development Director for the City of Delray Beach and the Delray Beach Community Redevelopment Agency CRA stated in April 2012, the City Commission approved Resolution No. 21-12 to support citywide economic development opportunities that would attract and retain jobs as well as increase jobs as well as increase the city's tax base. Ms. Goodrich stated it is anticipated that this fund would also be the mechanism by which the City would support projects requiring financial -matches to leverage state and county incentive programs. The fund was established with a total $1 million from the city's unrestricted reserve funds and the resolution states that all expenses need to be authorized by the City Commission. To date, $260,000 of incentive awards have been approved and $70,000 of incentive payments have been made. Ms. Goodrich stated in early June 2014, the Business Development Board of Palm Beach County introduced them to a financial services company that has recently established their headquarters operations in Delray Beach. Ms. Goodrich stated because of the nature of their growth plans they have requested confidentiality pursuant to Section 288.075 Florida Statutes so they have been named "Project Obsidian". She stated they currently employ 75 employees and reside in office space along Congress Avenue corridor. Ms. Goodrich stated in conversations with the Principals 87% of their business is conducted outside of Florida. She stated their parent company has aggressive growth plans and has identified Delray Beach as a possible site for expansion which would result in an additional 75 new jobs with an average wage of $70,629 (150% of the current average wage for Palm Beach County). Ms. Goodrich stated the expansion would generate $1,500,000 in capital investment and have a sizeable economic impact in the community. She stated Delray Beach is competing for this project with New York, New Jersey and Texas. Ms. Goodrich stated Project Obsidian is seeking financial assistance to support a decision in favor of Delray Beach and Florida and they have made application to the State of Florida's Qualified Targeted Industry Tax Refund Program. Ms. Goodrich stated the office of Economic Development is recommending to the City Commission support for their application because they have satisfied all their requirements to participate in the program which includes submitting an application Additionally, Ms. Goodrich stated the Office of Economic Development believes it makes sense to support Project Obsidian because it is a key targeted industry, it is growing a highly prized headquarters operation, it is helping to positively impact the Congress Avenue corridor and it is building a reputation and as a vibrant business destination. Ms. Goodrich stated staff recommends approval of Resolution No. 43-14 to encourage the creation of seventy-five (75) new high -wage jobs and the retention of seventy-five (75) existing jobs by Project Obsidian, an existing financial services headquarters company located in the City of Delray Beach. For the benefit of the public, Vice Mayor Petrolia inquired about whether there is an actual timeframe that has to be met and there are certain levels that have to be met. Ms. Goodrich stated the Qualified Targeted Industry Tax Refund Program is a pay - for performance and is a five-year payout which will become part of the agreement. Deputy Vice Mayor Jarjura thanked Ms. Goodrich for a very comprehensive backup report and stated this is a great investment in terms of the economic impact this will bring to the city. 11 09/04/14 Mayor Glickstein concurred with comments expressed by Deputy Vice Mayor Jarjura and stated the performance standards are there for measurable outcome. Mayor Glickstein stated he appreciates the Business Development Board's involvement and work on this with getting the city on the map in terms of these businesses that want to be in Delray Beach and he appreciates the thorough presentation. Vice Mayor Petrolia moved to approve Resolution No. 43-14, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 9.B. CONTRACT FOR PURCHASE AND SALE BETWEEN DELRAY BEACH AND CANNERY ROW, LLC; 60 DAY OPTION NOTICE; OFFER FOR PARK DEDICATION: Discuss and provide direction on four (4) options for the Amendment to the Development Agreement and Purchase and Sale Agreement with Cannery Row, LLC. For reasons stated at two (2) prior meetings Mayor Glickstein declared a conflict of interest, recused himself from the dais, and passed the gavel to Vice Mayor Petrolia. The City Attorney explained that this is a different matter than what was before the City Commission on July 15t'. The City Attorney stated the development agreement which was executed in May 2007 which required the parties to enter into a contract for purchase and sale. He stated the contract provides to the city three options and the Commission needs to make a decision whether or not to exercise any of those three options. The City Attorney stated the developer has sent a letter that states it intends to apply for building permits for the building where this condominium unit is to be located and that triggers an obligation on the city to respond to which of three options it desires to select. The City Attorney stated the letter was received on July 16' 2014 and the City has until September 14, 2014 to respond. The City Attorney briefly reviewed the three (3) options: (1) purchase a condominium unit, the actual cost not to exceed $530,000.00 (2) purchase Lot 12 for the sum of $200,000.00 which includes landscaping and irrigation and the parcel would be restricted to park purposes, (3) terminate the sale and purchase agreement without penalty. The City Attorney stated on July 15, 2014 there was a fourth option to amend the development agreement and provide to the City a dedication of a tract of land known as "Parcel O" at no expense on the same terms as proposed on July 15, 2014. The City Attorney stated he and the City Manager suggest that the City Commission give consideration to Option #4, the dedication of Tract "O" because there does not seem to be the same level of interest or need for the condominium unit which once existed when the contract for purchase and sale was originally entered into. The City Attorney stated the CRA is no longer willing to participate in funding that purchase price. The City Attorney stated the fourth option gives the City the opportunity to attain at no expense a second pocket park within this development and it be maintained by the homeowners' association. 12 09/04/14 Vice Mayor Petrolia asked how this is different from the two (2) times this was previously before the City Commission. In response, the City Attorney stated on July 15, 2014, the City Commission was being asked whether or not they wanted to amend the development agreement to agree to accept the dedication of Tract "O". Therefore, the City Attorney stated the agenda item was whether or not the City Commission wanted to make an amendment to the 2007 development agreement. Today, the City Attorney stated pursuant to the contract for purchase and sale it is an entirely different contractual document he received the formal trigger letter from the developer giving the City sixty (60) days' notice as to which of the three (3) options in the contract for purchase and sale the Commission wishes to choose. Deputy Vice Mayor Jarjura strongly urged her colleagues to support taking the park (for free) at the developer's expense. Vice Mayor Petrolia stated she does not believe this is getting Option #2 for free. She stated there is a very small sliver of land that would be Tract "O" not Lot 12 for $200,000. Vie Mayor Petrolia stated Option #2 would be a larger piece of land and would be the tract underneath the existing shell the City would have built. Vice Mayor Petrolia stated the land the developer is giving the City is a very small long and thin strip of land that a building cannot fit on. Mr. Frankel asked how the CRA had the ability to eliminate financial support to acquire the condominium unit. The City Attorney stated he received an email from them and it was put on the CRA's Agenda. The City Attorney stated it would have occurred immediately before the July 15, 2014 meeting but the reason he put this in his report is because he received an email from the CRA advising him that they were putting an item on their agenda to amend their budget to remove the financial contribution for this unit. Jeff Costello, Assistant Director of the CRA, stated there was no formal agreement with the CRA and there was an understanding that if it did get pursued further that they would participate. However, Mr. Costello stated during the economic downturn things changed dramatically and financially neither the City nor the CRA wanted to pursue that particular unit at that particular price. Mr. Costello stated another option became available on N.E. 3`d Street and Artists Alley and the CRA acquired that particular warehouse at that intersection which accommodates more of the needs of the overall community than what would have been provided in this particular facility. Mr. Frankel read into the record Ethics Code Section 2-443. Prohibited Conduct (a) Misuse of public office or employment (41-7) and inquired about any tax breaks with respect to donating this property to the city. John Metzger, Attorney with McDonald Hopkins LLC, 505 South Flagler Drive, Suite #300, West Palm Beach, FL 33401 (speaking on behalf of Cannery Row), stated there is no tax break and stated the tax issue was discussed thoroughly at a previous meeting. 13 09/04/14 Mr. Jacquet commented about his previous question regarding the taxes. The Interim City Manager stated the context in which the question was asked of him was will there be a difference in their taxes and his comment was the difference in their taxes would be that they would no longer have the property on their tax rolls and would not be paying property tax on it (which is no different if they sold it to anyone). The Interim City Manager stated he did not address whether there was a Federal Income Tax benefit or anything of that nature. Mr. Frankel stated this is a generous offer; however, he would like an advisory opinion from the Inspector General (IG) stating that this would be okay, and then he would be in favor of it. The City Attorney stated the Mayor prior to the discussion on this item disclosed that he had a conflict of interest and he recused himself based on that conflict; he will not vote, he will not discuss the matter, and he removed himself from the room and also as a matter of law within fifteen (15) days file the appropriate conflict of interest form with the City Clerk and the Palm Beach County Ethics Commission. The City Attorney stated this is the standard practice for an elected official or board member for anytime there is a matter that comes before a board in which they have a financial interest. The City Attorney stated he believes what Commissioner Frankel is talking about is something different. The City Attorney reiterated since the Mayor has abstained from voting, since he is not participating in discussion, since he has recused himself, he is not attempting to influence or affect the outcome of this matter. Therefore, the City Attorney stated he does not see a conflict. Mr. Frankel stated he believes the park would be good for the residents that want it; however, he would like a statement from the IG office to stating that this is okay. Assuming there is some merit to what Mr. Frankel is saying, the City Attorney stated the person at risk is not this board, but it is the Mayor. Deputy Vice Mayor Jarjura stated the way the Mayor has recused himself, disclosed the conflict, not participated or influenced the discussion, she feels the risk is his alone if he is found to have violated his ethical provision. Mr. Metzger stated if the Commission so desires, they can approve this with a condition to obtain a satisfactory opinion from the City Attorney and if that is not acceptable that the Commission obtain IG's opinion that it does not constitute a violation. Mr. Jacquet stated he agrees to move forward and obtain IG's opinion. Vice Mayor Petrolia asked where this land would go in the event the Commission did not ask for Option #4. Mr. Metzger stated if that was the decision, a unit would be built on Lot 12. Mr. Metzer stated because Lot 12 extends into the community they would not want the park extending into the community so they would replat it to 14 09/04/14 bring the land further out front so that it would mirror the pocket park on the northeast corner. The City Attorney suggested that the Commission make a motion to approve the developer's offer for dedication of Tract "O" on the same terms and conditions as were contained in the July 15, 2014 offer subject to the City obtaining a favorable opinion from the Inspector General (IG) stating that no elected official of the city or the Mayor has no conflict and then direct the City Attorney to prepare whatever documents are required to implement that dedication. The City Attorney stated this way he does not feel this would have to come back before the City Commission for further discussion on the item and then whatever document Mr. Metzger needs to do in writing for evidence or exercise that option they can do that. Mr. Metzger stated this would be subject to him speaking with his client on this subject out finding out what the timing is so that he can make sure it is not creating any unexpected delay. The Interim City Manager stated he recommended that the City consider moving forward with the acquisition of this property because he feels it is professionally fair and the ethical thing to do to stand with the City Attorney's recommendation. The Interim, City Manager stated he worked in government for a very long time and understands that the ethical base of the prohibition that is being discussed has a very sound basis. The Interim City Manager stated the idea is to keep someone from inappropriately receiving a special benefit and the cure is the mechanism of recusal and removal of an individual from participating in any action that is going to inure a special benefit. The Interim City Manager stated it does not prevent an individual from engaging in their livelihood or in the actions within the community. However, he stated what it says is if that is going to happen then there are certain rules that need to be followed. The Interim City Manager stated the original agreement said there were three (3) things the City can do; they did not come back to the Commission and say they would like to substitute those things they originally did and so that it would benefit them better but what it said was you still have all those options that you can exercise but recognizing that there has been a change in the economic and financial atmosphere and a change in what has occurred with the Artists Alley. The City Manager stated it was not a substitution to the developer's benefit and not in -lieu of, but it was a substitution in addition should the City want it. Mr. Jacquet read a brief comment into the record from the Planning and Zoning Department staff report. The City Attorney stated the reason he reached back to that amended development agreement July 15, 2014 was not because he was trying to resurrect the agreement but what he was trying to do was to make sure the terms of Tract "O" tonight are identical to the terms offered on July 15, 2014. The City Attorney stated the reason he phrased it this way with Mr. Metzger is because he was locking him in to what the terms of the offer is. The City Attorney stated if the City Commission had approved it on July 14, 2014 it would have been a motion to approve an amendment to 15 09/04/14 the development agreement; tonight the City Attorney stated he is asking the City Commission for direction on whether or not they wish to exercise one of the three options in the contract of purchase and sale or now accept a fourth option. The City Attorney stated that offer on the development agreement expired when the City Commission rejected it. In his opinion, the City Attorney stated this is not a repeat of the item brought before the City Commission on July 15, 2014. Deputy Vice Mayor Jarjura moved to approve to accept Option 94 for Tract "O" of the dedicated park as outlined in the July 15, 2014 offer subject to a favorable opinion by the IG's office and to give the authority to the City Attorney to negotiate the terms with legal counsel for the developer, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Jacquet — No; Mr. Frankel Yes; Deputy Vice Mayor Jarjura Yes. Said motion passed with a 3 to 1 vote, Commissioner Jacquet dissenting. At this point, Mayor Glickstein returned to the dais. At this point, the time being 7:36 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 4014 (TENTATIVE MILLAGE LEVY): A resolution tentatively levying 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 2014. office.) The caption of Resolution No. 40-14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY 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. 40-14 is on file in the City Clerk's The City Attorney read the caption of the ordinance. 16 09/04/14 The Interim City Manager gave a few brief comments and stated staff had already gone through the process of putting together recommendations for various projects and programs that would be necessary in order to accomplish the business of the city always keeping in mind the city's desire to do what is possible to maintain and improve the quality of life for the citizens. The Interim City Manager stated every project and program is worthy of consideration and helping to contribute to the quality of life in the community; however, regardless there is so much the City can accomplish and has to make decisions about what to bring forward to the Commission. The Interim City Manager stated he met with each department to review the budget. The Interim City Manager stated there are some differences in what the Commission saw last year and compared to the proposed budget now and some of that was in relation to a refinancing that the city did in order to change its debt profile that affected the adjusted budget numbers. Jack Warner, Chief Financial Officer, gave a brief presentation on the City's budget and explained where additional funding is coming from. Mr. Warner stated the City Commission did not want to raise the millage but they were willing to enjoy the many additional revenues that might come from increases and taxable value. He stated rather than there being a completely free -farm budget development they were going to give the department heads direction (i.e. spending targets that were reductions that were reductions from expected spending in this current year). Mr. Warner stated in July (2014) the budget was in balance at $103 million. He stated there was previous discussion that in addition to squeezing the spending in total, to change the emphasis of the operations in the city in particular invest in information technology, invest in public safety, and re -invest in the City's infrastructure and in order to that the City would have to reduce spending in some areas and reduce spending. Mr. Warner stated the City's revenue base is focused on residents and in particular ad valorem taxes. Mr. Warner stated there was also discussion about how to move the city forward through process re- engineering. Mr. Warner stated the City's contribution to the Police and Fire Pension Fund is up $1.8 million; staffbudgeted $1 million for salary increases; $800,000 increase in health insurance and the CRA's tax increment financing requires the City to pay them out of the taxes it collects in additionally $100,000. Mr. Warner stated the City will receive approximately $3 million from the increase in taxable value (after taking out the CRA's portion). He stated for every $100,000 in house value there will be an $18.40 increase in annual taxes and 22% of it comes from new construction. Mr. Warner stated there is approximately a $5 million increase in revenue; $3 million from ad valorem taxes and the remaining $2 million from other revenue line items. Mr. Warner stated two (2) major structural changes: the Administrative Services has been eliminated and moved the activities to several other departments and Ocean Rescue has been moved from the Parks and Recreation Department to the Fire -Rescue Department; the contingency line item is for the activities that staff knows will occur but do not know right now how much they will cost (i.e. collective bargaining). Mr. Warner stated the total spending has increased 5.23%. The Interim City Manager stated staff does not recommend that the Commission spend additional money out of the surplus this year. Furthermore, the 17 09/04/14 Interim City Manager stated the times that we should be looking at using undesignated reserves are when there is a special project. Mayor Glickstein declared the public hearing open. Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 334833 thanked the City for its transparency. Secondly, Mr. Humanik asked where the CRA monies come from and stated staff has done a great job on the budget. Kevin Warner, 148 Venetian Drive, Delrav Beach, FL 33483, stated his taxes increased from last year. Karen Laucka, 5 Georgie Bush Boulevard, Dclray Beach, FL 334442 stated she moved to Delray Beach 3 years ago and her tax bill has increased 60%. She stated her taxes for a 2,600 square foot house are close to 1,000 a month. She urged the Commission that as the City looks at these budgets understanding the real impact of taxes that private citizens are facing not just at the local level but she received a $20,000 increase in her Federal taxes as well (i.e. health care cuts, Obama care tax, etc.). Mr. Laucka stated she can barely afford to live in this town. Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33483, thanked City staff for their work on the budget and stated his City taxes are decreasing by $52.00 because Homestead Exemption is available in Florida and Save Our Homes and it cannot increase taxes more than 3%. Mr. Katz stated he has paid closer attention the last 5-6 years to little things and he has seen a lot of waste where he has seen city workers take months to complete a cracked sidewalk to do something that should take a couple of days. He stated there is not a lot of oversight and accountability. Mr. Katz stated the City has to make those organizational changes in order to make the big changes. There being no one else from the public who wished to address the Commission regarding Resolution No. 40-14, the public hearing was closed. Mr. Jacquet stated although property value is going up to some individuals the increased dollar amount is hurting. He stated not everyone is homesteaded and not everyone has only one family property. Mr. Warner stated there was no spending for a facilitator for a Goal Setting Session. The Interim City Manager for it to be charged against the Commission's services. Therefore, the Interim City Manager stated staff will have footnotes that will be transparent (explanation that will demonstrate everything that they did, where they moved it to, that the costs are still there but have removed from the Commission's line item. 18 09/04/14 Mr. Warner stated there is also an actual reduction in lobbying costs. Mr. Jacquet expressed concern over the percentages of how much the City is spending on Police and how much the City is spending on our children. Mr. Jacquet stated it is disconcerting to him that City staff is recommending cuts to afterschool programs, etc. that will keep the kids busy and occupied. He stated when it comes to afterschool programs and little things with Parks and Recreation and the children it should not just be a line item. Mr. Jacquet stated he concurs with the City Commission budget that certain things should be moved away with the exception of the afterschool programs and other things offered through the Parks and Recreation Department. Deputy Vice Mayor Jarjura inquired about the Sanitation Fund and the number of supervisors to workers. Mr. Warner stated he will get this information for the Commission. Vice Mayor Petrolia stated Delray Beach is one of the higher tax rates in the area and feels the city can do better. She stated it is the Commission's job to make this town run as efficiently as possible and be able to afford the lowest tax rate for the citizens. Mr. Frankel stated City staff has done a great job with the budget and he appreciates everyone's efforts. Mayor Glickstein commented about the budget process and stated City staff has done a great job with the budget. Mr. Frankel moved to approve Resolution 40-14 (Tentative Millage Levy), seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to reconsider, 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. Mr. Frankel moved to approve Resolution No. 40-14, 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. 10.B. RESOLUTION NO. 41-14 (TENTATIVE XHLLAGE LEVY/DDA): A resolution tentatively levying a tax of one mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2015. The caption of Resolution No. 41-14 is as follows: 19 09/04/14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL 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. 41-14 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 City Attorney read the caption of the resolution. Mr. Jacquet moved to approve Resolution No. 41-14 levying a tax of one mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for fiscal year 2015, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — No; Mr. Jacquet Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes. Said motion passed with a 4 to 1 vote, Vice Mayor Petrolia dissenting. 10.C. RESOLUTION NO. 42-14 (TENTATIVE BUDGET ADOPTION FOR FY 2415): 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. 42-14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1st 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 WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS 20 09/04/14 office.) INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 42-14 is on file in the City Clerk's The City Attorney read the caption of the resolution. Mr. Frankel moved to approve Resolution No. 42-14, seconded by Mr. Jacquet. 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. At this point, the time being 8:42 p.m., the Commission moved back to Item 9.C. of the Regular Agenda. 9.C. PROPOSED CHANGES TO THE RULES OF PROCEDURE FOR THE CITY COMMSSION: Consider approval of proposed changes to the Commission Rules of Procedure which address the deferral of appointments and the consequences for when a Commissioner is absent. The City Attorney stated this request to this amendment pre -dated his arrival; however, he briefly described his understanding of what was done. The City Attorney stated with respect to the old run when a vacancy occurs with respect to an appointment a Commissioner may defer that appointment one time or be absent one time. However, if that Commissioner is absent at the next meeting after a deferral, the nomination passes to the next Commissioner in rotation. The City Attorney stated that discussion occurred in May (2014) and there was vigorous debate and Commissioner Jacquet expressed concern that if a Commissioner is absent that there should be a deferral; a Commissioner is present at a meeting, there is a deferral and there is an absence at the next meeting and there is a second deferral. The City Attorney stated as a result of that debate, before the City Commission tonight is the new rules and he has written the rules to include an additional step responsive to Commissioner Jacquet's concern. The City Attorney stated the new rules now provide "that when a Commissioner is absent when the appointment is scheduled on the agenda after the deferral there is an automatic deferral until the next meeting and that can occur even if there was a prior deferral." Lengthy discussion followed between the City Commission regarding the parliamentary rules for the City Commission appointments of vacancies to boards, commissions and committees. After lengthy discussion, Mayor Glickstein stated these nominations are time sensitive and he does not support the proposed changes as drafted; however, he supports a rule change to reflect that "if a Commissioner should miss two (2) consecutive meetings (for whatever reason) then the Commissioner will lose that appointment the nomination shall rotate to the next appropriate Commissioner." Mayor Glickstein 21 09/04/14 directed the City Attorney to clarify the ambiguities and concerns of his colleagues and that staff bring back before the City Commission. With respect to Mr. Frankel's suggestion, Mayor Glickstein also requested that the City Attorney clarify the language with respect to the word "appointment" versus "nomination.". Deputy Vice Mayor Jarjura moved to deny the proposed changes to the Rules of Procedure for the City Commission, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — No; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion to DENYpassed with a 4 to 1 vote, Commissioner Jacquet dissenting. At this point, the City Attorney stated the rules will no longer distinguish a deferral or an absence but will re -write the rules to read that when a nomination becomes available to a Commissioner it cannot be filled for two (2) consecutive meetings and at the second meeting if a Commissioner fails to fill the nomination then it rotates and the following meeting it goes to the next Commissioner. 9.D. RESOLUTION NO. 44-14: Certify the results of the August 26, 2014 Special Election Referendum. The caption of Resolution No. 44-14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, WITH RESPECT TO THE RESULTS OF THE REFERENDUM OF THE QUALIFIED ELECTORS OF THE CITY HELD IN THE CITY OF DELRAY BEACH, FLORIDA, ON AUGUST 26, 2014, ON THE CHARTER CHANGES PRESENTED IN ORDINANCE NO. 17-14; CANVASSING THE RETURNS OF SAID REFERENDUM AND DECLARING AND CERTIFYING THE RESULTS THEREOF; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 44-14 is on file in the City Clerk's office.) The City Clerk stated on August 26, 2014 in conjunction with the primary election the City held a Special Referendum Election on a question for a Charter Amendment regarding the removal of the City Manager. Based on the official results that the City Clerk's office received from the Supervisor of Elections, there were 3,137 "yes" votes and 1,899 "no" votes for a total number of votes cast being 5,036 votes. Staff requests that the Commission accept the cumulative totals for ballot question #1 including all the regular absentee and provisional votes as presented and that it is hereby declared based upon the foregoing results provided by the Supervisor of Elections office that the City's question was approved and also approve Resolution No. 44-14. 22 09/04/14 Mr. Jacquet moved to approve Resolution No. 44-14, seconded by Deputy Vice Mayor Jar ura. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jar ura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet Yes. Said motion passed with a 5 to 0 vote. 9.E. NOMINATION FOR APPOINTMENT TO THE PLANNING AND ZONING BOARD: Nomination for appointment of one (1) regular member to the Planning and Zoning Board to serve a two (2) year term ending August 31, 2016. Based on the rotation system, the nomination for appointment will be made by Commissioner Jacquet (Seat #2). Brief discussion by the Commission followed regarding the gender and ethnic diversity of this board. Mr. Jacquet moved to nominate Jerome Sanzone as a regular member to the Planning and Zoning Board to serve a two (2) year term ending August 31, 2016, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — No; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 4 to 1 vote, Vice Mayor Petrolia dissenting. 9.F. NOMINATION FOR APPOINTMENT TO THE BOARD OF ADJUSTMENT: Nomination for appointment of one (1) regular member to the Board of Adjustment to serve a two (2) year term ending August 31, 2016. Based on the rotation system, the nomination for appointment will be made by Commissioner Jacquet (Seat #2). Mr. Jacquet moved to nominate Brenda Cullinan as a regular member to the Board of Adjustment to serve a two (2) year term ending August 31, 2016, 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.G. NOMINATION FOR APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Nomination for appointment of one (1) regular member to the Code Enforcement Board to serve an unexpired term ending January 14, 2015. Based on the rotation system, the nomination for appointment will be made by Commissioner Petrolia (Seat #1). Vice Mayor Petrolia moved to nominate Stanley Brodka as a regular member to the Code Enforcement Board to serve an unexpired term ending January 14, 2014, 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. 23 09/04/14 9.H. NOMINATION FOR APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Nomination for appointment of one (1) regular member to the Public Art Advisory Board to serve an unexpired term ending July 31, 2015. Based on the rotation system, the nomination for appointment will be made by Commissioner Jadura (Seat #4). Deputy Vice Mayor Jarjura moved to nominate Glenn Weiss as a regular member to the Public Art Advisory Board to serve an unexpired term ending July 31, 2015, 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. At this point, the time being 9:22 p.m., the Commission moved to Item 11, First Readings. 11. FIRST READINGS: 11.A. ORDINANCE NO. 26-14: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for increased residential and commercial collection service rates for FY 2015. If passed, a public hearing will be held on September 16, 2014. office.) The caption of Ordinance No. 26-14 is as follows: 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 The City Attorney read the caption of the ordinance. With respect to an inquiry from Commissioner Petrolia about whether or not this was required, the City Attorney stated he reviewed the Interim Service Agreement and it is a requirement of the agreement. 24 09/04/14 Vice Mayor Petrolia moved to approve Ordinance No. 26-14 on FIRST Reading, 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. 11.B. ORDINANCE NO. 27-14: 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. If passed, a public hearing will be held on September 16, 2014. office.) 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 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 The City Attorney read the caption of the ordinance. Jeff Costello, Assistant Director of the Community Redevelopment Agency (CRA), stated the CRA is a governmental agency created by the City Commission in 1985 governed by the seven (7) member volunteer board appointed by the City Commission. Mr. Costello stated the CRA is primarily funded by tax increment revenues and a portion of the assessed property taxes collected by the city and the county within the CRA district and they are transferred to the city. Mr. Costello stated the only thing that is transferred is the taxes from those properties within the district and also over the baseline of 1985. The district is about 2,000 acres and it is primarily older portions of the community east of I-95 extending throughout the downtown area from I-95 to A -1-A and the adjacent residential areas north and south along Federal Highway with eight (8) subareas. Mr. Costello stated the activities are guided by the CRA Plan and every 2-3 the 25 09/04/14 CRA adopts an amendment to the Plan and Florida Statutes govern CRA's and the requirements are related to the Redevelopment Plan. Mr. Costello stated based on some comments and emails, he suggested a change to one of the items on page 25 in the beach district. Vice Mayor Petrolia made reference to page 6, B - Existing Housing and Population from the 2010 Census Population and Housing and inquired about the decrease from 15,258 (based on the 2000 Census) to 13,450 (based on the 2010 Census). Mr. Costello stated the information that was provided previously was based on the 2000 Census and the figure did change. He stated with the economic downturn the CRA was able to acquire some blighted properties, multi -family projects and demolish those; and, on S.W. 14th the CRA demolished some duplexes; however, the CLT is now building single family homes. Vice Mayor Petrolia also commented about the overall racial composition and where the city is headed in the CRA district. Vice Mayor Petrolia asked for clarification about page 25, 1. Problems and Needs within Geographic Sub -Areas Sub Area 41: "The Beach District" Problems (Existing business mix limits the marketability of the area). Mr. Costello stated it is a continued effort of the DBMC and while that particular section of the district has seen some upgrades (i.e. Seagate Hotel and other businesses) there is the continuity with the pedestrian activity, however, over the bridge there are some dead spots. With respect to Needs Increase nighttime activity (i.e. theatre, entertainment) beyond dinner, Mr. Costello stated this has been in the CRA Plan for ten (10) years and the CRA believes there is still a need for activity and a better business mix. He stated the wording nighttime activity can be modified. Vice Mayor Petrolia commented on Page 31, H. Sub -Area 48: "Southwest Neighborhood" "Pocket parks should be provided when supported by the community" and she is hoping that the city will see more pocket parks. Vice Mayor Petrolia made reference to page 36 and stated the language that Delray grew from 27.2% to 0.83% and noted that 27.2% is low. She stated the numbers are different from what was originally predicted. Mr. Jacquet made reference to page 26 and page 27 and the wording "Tennis Center and Community Center have reached their economic life." Mr. Jacquet asked if these problems are listed in order of priority. Mr. Costello stated these are not listed in order of priority and stated the following comment has been added: "Public buildings such as Police and Fire Headquarters, South County Courthouse, Tennis Center are set back from the avenue and/or have parking lots at the front, and interrupt the pedestrian flow." Mr. Jacquet commented about the wording "Perceived high crime rate on West Atlantic Avenue is a deterrent to shoppers, tenants, and investors. Mr. Jacquet stated it is a misperception of a lot of people that the crime rate is higher on West Atlantic Avenue and in looking at the Police calls and reports show that crime rate in the last few years is now mostly east of Swinton Avenue and asked if the CRA is still working on to change the perception on West Atlantic Avenue. Mr. Costello stated as the CRA gets more development proceeding and with the marketability that the DBMC along with the West Atlantic Redevelopment Coalition is looking for that corridor with new development. Mr. Jacquet thanked the CRA for adding the additional sidewalks in the Osceola Park neighborhood. Mr. Jacquet made reference to page 30, G. Sub -Area 47: "Osceola Park" - Problems where it states "The area has lost its stature as a quality 26 09/04/14 housing area." and asked if that is still appropriate for the Osceola Park neighborhood. Mr. Costello stated the CRA is going to try to continue to implement measures that are in the Osceola Park Redevelopment Plan with respect to improving the alleys and streetseape improvements. Mr. Jacquet stated when it comes to Osceola Park and West Atlantic Avenue as far as quality residential and business area with respect to investments Deputy Vice Mayor Jarjura stated one of the amendments was implementation of the Beach Master Plan improvements and she likes that this has been incorporated it into the CRA Plan (page 25) and a lot of the Beach Master Plan improvements on are on the east side of A -1-A which is not part of the CRA. Mr. Costello stated there was a Public Input meeting in 2013 and it was identified as a need and included. Deputy Vice Mayor Jarjura stated on page 26 she likes that for the central core that the CRA is adopting and planning a Master Plan for Veteran's Park and creating small parks and plazas for public use; and, the changes with respect to the Central Business District. Deputy Vice Mayor Jarjura stated the parking management and parking revenue system with respect to the contemplated second parking garage; she would not be in support of any additional building of another garage without knowing what the public parking needs are with our current public parking supply and not having a comprehensive parking management plan or system in place and enforcement in place; and, she would also like to know where the funds to construct and maintain when it would be economically feasible to construct the second garage and if there is a more appropriate location for it (i.e. west of Swinton Avenue) and the impact. Deputy Vice Mayor referenced page 27 and stated she likes that the bicycle activity has been added and agrees that because of the Police/Fire headquarters, the tennis center, and the check cashing store that there is a disconnect in pedestrian connectivity for connecting West Atlantic Avenue to downtown Atlantic Avenue. With respect to page 41, Deputy Vice Mayor Jarjura stated she likes that the WARC's section adding the Needs Workshop and the things that West Atlantic Avenue is looking for and needs in terms of uses. Mr. Frankel extended a kudos to the CRA and complimented what is being done on Federal Highway and stated what should be noted is the number of parcels that say "sold" or "leased" and the activity that is forthcoming based on the improvements. Mr. Frankel commented about the iPic movie theatre with regard to some parking issues and stated there is a real need for a movie theatre in east Delray. Mr. Costello stated the CRA met with the developer and the City's Planning staff and they are addressing the majority of staff's comments. He stated with some of the improvements the developer is proposing will alleviate the concerns with regard to the cast/west alley and the dumpsters. Mayor Glickstein stated he spoke to a member of the West Atlantic Avenue Coalition (WARC) Board about this uptown branding of West Atlantic Avenue. Mayor Glickstein requested that the CRA change the branding of how West Atlantic Avenue (i.e. uptown or another name) has been perceived as secondary. Mayor Glickstein suggested that the CRA get rid of the West Atlantic Avenue title. Mayor Glickstein stated with respect to the LDRS in terms of the bonus program that is being considered and noted that pocket parks have to be a performance standard as part of the 27 09/04/14 RFP's. Mayor Glickstein made reference to page 25 with respect to the CBD zoning that allows a lot of different uses and stated when people move into those areas they know they are moving into an urban area and they are going to get those collateral uses but the beach area is a much different area and believes that the residents who live there would not support increased nighttime activity of any kind; the tax base in the beach area relative to the tax base of the entire city is significant and suggested that the standard be modified significantly with the input of that community. Mayor Glickstein asked what the CRA implementation of the Master Plan improvements means. Mr. Costello stated it is identifying a need. Mayor Glickstein stated the city is fairly valued and it is struggling to balance the budget one of those reasons being the contribution the City is making to the CRA; what is unique about the CRA beyond their remarkable success is the size of it relative to a lot of CRA's and the duration that it has existed and will exist; and, because of that size that fact that it is comprised of some of the most valuable real estate in the city. Mayor Glickstein stated he would like the CRA to think of ways in terms of how it can help the city beyond some of the historical spending that it has done. Deputy Vice Mayor Jarjura moved to approve Ordinance No. 27-14 on FIRST Reading, seconded by Mr_ Frankel. 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. At this point, the time being 9:22 p.m., the Commission moved to Item 12. 12. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS. 12.A. City Manager The Interim City Manager congratulated Police Chief Jeffrey Goldman and stated it is going to be great to work with him. Secondly, the Interim City Manager stated staff visited with the Village Elder Group today and introduced Assistant Police Chief Javaro Sims. The Interim City Manager stated the Village Elder Group has a strong concern about education in our community and some of the decisions that the School Board is making and is looking to the city to take an active role in addressing some of these issues. With regard to the redevelopment of West Atlantic Avenue, the Interim City Manager stated they are concerned about gentrification and the impact it is going to have on the current residents of the community with the hope that the City can find a way to enable improvement of the neighborhood without creating a situation that causes the people to have to flee the neighborhood. Lastly, the Interim City Manager commended Jack Warner for the outstanding job he is doing in his role as Chief Financial Officer/Finance Department. 28 09/04/14 The Interim City Manager gave kudos to Mr. Warner for being open to his input with regard to the City's budget. At this point, Mayor Glicksetin stated gentrification is something like wildfire because it ignites and spreads very quickly. He expressed concern for Osceola Park and the new uptown area because of the growth that is coming. Mayor Glickstein stated people are going to be viewing all neighborhoods differently because there are very few housing alternatives east of I-95 relative to other cities. 12.B. City Attorney None. 12.C. City Commission 12.C.1. Mr. Frankel Mr. Frankel stated he has been receiving complaints about people residing and hanging out at the beach pavilion. Secondly, he stated Mayor Glickstein's point about West Atlantic Avenue being rebranded is a great idea. Lastly, Mr. Frankel stated five years ago when he met with former Economic Development Director Francisco Perez-Azua he asked him what he would like- in ikein this city and the answer was Trader Joe's. Mr. Frankel stated Trader Joe's opens Friday, September 5, 2014 at 8:00 a.m. 12.C.2. Deputy Vice Mayor Jariura Deputy Vice Mayor Jarjura stated she hopes that City staff will look at making a commitment to duties that we already do and maintain them with concentration on education. She stated staff is also supposed to be bringing a "Spotlight on Education" to every Agenda each month as well. Secondly, Deputy Vice Mayor Jarjura stated with regard to the Goals and Objectives Workshop she does not feel the City should pay anyone $20,000 but instead that the City Commission discuss what their short-term and long-term goals are for the city because that would drive how the City spends its money. Lastly, Deputy Vice Mayor Jarjura stated that the former City Manager who was nominated to the Historic Preservation Board was recently in the news that he was appointed as Interim City Manager of another city and that is dual office holding. The City Attorney stated he received a call from the former City Manager who informed him that he was recently nominated to the Historic Preservation Board and 29 09/04/14 whether or not that would cause a dual office holding issue. The City Attorney stated he asked Mr. Harden what would cause him to think that is the case and Mr. Harden informed him that he is the Interim City Manager for Port Orange, Florida. The City Attorney stated in his view the Historic Preservation Board is subject to the dual office holding prohibition; however, Mr. Harden disagreed and feels it is an advisory board. The City Attorney stated he is not going to offer Mr. Harden an opinion with respect to his position in Port Orange because he is not the Attorney for Port Orange. Therefore, the City Attorney stated he recommended that Mr. Harden ask the Attorney for Port Orange and see whether that position is subject to dual office holding. Mayor Glickstein asked if the City Commission can remove Mr. Harden from the Historic Preservation Board. The City Attorney stated there are very specific criteria for how the City Commission goes about removing a board member and he will look into what the removal process is and get back to the Commission. 12.C.3. Vice Mayor Petrolia Vice Mayor Petrolia stated she met with Congresswoman Lois Frankel Friday last week and discussed All Aboard Florida. Ms. Frankel requested that Mayor Glickstein send her a letter requesting it be with the railroad people in Washington and she recognizes this is a very concerning subject to the local area residents, business owners and visitors and she has not made a decision to support it. Vice Mayor Petrolia stated this will also involve closing roads down in West Palm Beach and another person who accompanied her to the meeting mentioned that the original intention was that it was going to be a privately funded initiative which is now a $1.6 billion tax funded deal as long as it passes. Vice Mayor Petrolia expressed concern over so many people supporting this which is taking our tourists out of Fort Lauderdale, West Palm and Miami and moving them up to Orlando. Secondly, Vice Mayor Petrolia stated she began the Good Government Initiative which is a series of seminars and daily events and commented that it was very interesting. She stated there were speakers such as Congressman Bob Graham, State representatives and Board of Ethics members who spoke at length. Vice Mayor Petrolia stated the Interim City Manager and the City Attorney met with respect to negotiations. Vice Mayor Petrolia stated she had concerns about information that the Commission needs in order to make decisions on these issues and that information is key to this entire process. Vice Mayor Petrolia requested an update on the status of the OIG (Office of Inspector General) internal audit. Vice Mayor Petrolia expressed concern about the tons of children walking down the sidewalk on Barwick Road who attend Banyan Creek Elementary. She stated it was a pressing issue last year and nothing has been done. Vice Mayor Petrolia stated once the Walmart opens there will be even more traffic going through on Barwick Road. CIE 11271#11 FINI Vice Mayor Petrolia stated she does not want to see another problem with a child getting injured or worse killed. Vice Mayor Petrolia stated for about a week there has been a green light (main light) out on southbound Swinton Avenue at Northwest 2" d She stated the temporary traffic lights are going back up on Venetian Drive. Vice Mayor Petrolia stated she was the dissenting vote for Item IO.B., Resolution No. 41-14 (Tentative Millage Levy/DDA) and explained that the Commission did not have the opportunity to discuss it but she will talk about this at second reading. Lastly, Vice Mayor Petrolia stated she did not get any calls from the city on the day of the Commission meeting to go over Agenda items. 12.C.3. Mr. Jacquet Mr. Jacquet stated next week he will be at Orchard View Elementary School and Pinegrove Elementary School. Secondly, Mr. Jacquet stated there was public comment about sidewalks on 10th near Calvary Bible Church (across from the cemetery on 10th by the Dollar General). He stated there is no sidewalk on the south side of that street. Mr. Jacquet stated many students walk to Pine Grove Elementary and even when there is no school they play basketball in the field. He stated this is a huge pedestrian area for a lot of the children and noted there are three churches within a quarter mile of each other. 12.C.6. Major Glickstein Mayor Glickstein stated it has never been quantified in terms of what the City's options are with respect to the Barwick Road issue (i.e. a simple FDOT barricade, bollards and the Principal of Banyan Creek Elementary School pleading for assistance) and nothing happened. With regard to the sidewalks on Barwick Road, Mayor Glickstein stated everything cost money but there is a big return on investment in terms of the quality of life and safety factor. Mayor Glickstein requested the Engineering Department to look at the area on Barwick Road and the area on S.W. 10th Street as mentioned by Commissioner Jacquet and come back to the Commission with options (not in terms of construction documents quantified by bids) but with pricing parameters. Interim City Manager stated he walked the area on Barwick Road with a resident from Lake Ida Road to Banyan Creek Elementary School and back at the time the students were released from school. The Interim City Manager stated he has a better grasp of the concerns that are there now and so he will be prepared when he meets with staff. 31 09/04/14 Mayor Glickstein stated he has received complaints about restaurants and lounges being very aggressive on handbills especially on the weekends by corralling people in particular young women to come into their establishments. In his opinion, Mayor Glickstein stated this is an extension of panhandling and he feels it adds to an increasing number of complaints about the seedy nature of what is happening downtown at night. Mayor Glickstein stated he would like to give Code Enforcement and Police the ability to stop that before it gets worse. Mayor Glickstein stated it was a great idea to move Ocean Rescue into the Fire Department but wants to make sure that the Fire -Rescue Department is not burdened by some of the administrative duties that Ocean Rescue was doing (i.e. beach cabanas). The Interim City Manager stated the cabanas will still reside with Parks and Recreation. Mayor Glickstein stated the weekly reports are very helpful and Mr. Warner's comment about the Finance Department rebuilding is very encouraging. In addition, Mayor Glickstein stated Mr. Warner has done a great job at rebuilding the Finance Department and it reflects a lot of the private sector expertise and experience that he is bringing to his position. Lastly, Mayor Glickstein stated the City would like to see Veteran's Day as a paid holiday for employees. He suggested that the City Commission WorkshoF meeting be rescheduled for Wednesday, November 12"' or Thursday, November 13t . Mayor Glickstein stated he would like Veteran' Day to be recognized beyond just a paid holiday and commented that Veteran's Day is to honor all the men and women who have served our country that are still with us. The Interim City Manager stated he can bring back some recommendations to the Commission to consider. There being no further business, Mayor Glickstein declared the meeting adjourned at 10:34 p.m. ATTEST: AYOR 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 4, 2014, which Minutes were formally approved and adopted by the City Commission on March 3, 2015. 32 09/04/14 City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 33 FORM SB MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD, COUNCIL. COMMISSION,AUTHIORITY, OR COMMITTEE Glickstein, Cary D. City of Delray Beach City Commission MAILINGADDRESS THE BOARD. COUNCIL, COMMISSION, AUTHORITYOR GOMMrTfEE ON 1118 Waterway Lane, Delray Beach, 33483 WHICH I SERVE IS A UNrT OF: 9 CITY U COUNTY ❑ OTHER LOGALAGENCY CITY COUNTY NAME OF POLITICAL SUB0IYlS1ON: Delray Beach Palm Beach CityMof Delray Beach HATE ON wi ITCH VOTE occuRRED Y SIT POION I S: 9/4%2014 4 ELECTIVE D APPOINTIVE WHO MUST FILE FORM SB This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 192.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this farm before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss_ Each elected or appointed local officer also MUSTABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAB) under Sec. 163.356 or 163.357, FS., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. I For purposes of this law, a "relative' includes only the officer's father, motherr son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the Officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. * * i ♦ 4 * A i # * � x' i M # APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL.BE TAKEN. • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM as- EFF 1112013 Item 9,8,. PAGE 1 Adopted by reference in Rule 34-7.010(1)(% FA -C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disdose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the Corm in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed_ DISCLOSURE OF LOCAL OFFICER'S INTEREST I Cary D. Glicksteinhereby disclose that on September 4 2U 14 (a) A measure came or will come before my agency which (check one or more) X inured to my special private gain or loss; inured to the special gain or loss of my business associate, , Inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Several years ago, my company sold the land that is the subject matter of this agenda item to an unrelated buyer. Neither I nor any officer or director of my company had any prior, continuing or subsequent affiliation with that buyer. With that being said, I am concerned that there may be a perceived conflict of interest and for that reason I must abstain from voting. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. 9/4/2.014 Date Filed Ql�- Signatt,__-/ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, ORA CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1112013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f), FA C.