11-03-15 Regular Meeting MinutesCity of Delray Beach
100 NW 1st Avenue - Delray Beach, Florida 33444
Phone: (561) 243-7000 - Fax: (561) 243-3774
www.mydelraybeach.com
•
r'
�u
Minutes - Final
Tuesday, November 3, 2015
6:00 PM
Delray Beach City Hall
City Commission
Mayor Cary Glickstein
Vice -Mayor Shelly Petrolia
Deputy Vice Mayor Al Jacquet
Commissioner Jordana Jarjura
Commissioner Mitchell Katz
City Commission Minutes - Final November 3, 2015
1. ROLL CALL
Present:
Vice Mayor Shelly Petrolia
Deputy Vice Mayor Alson Jacquet
Commissioner Mitchell Katz
Mayor Cary Glickstein
Absent:
Commissioner Jordana Jarjura
Also Present: Donald B. Cooper, City Manager, Noel Pfeffer, City Attorney,
and Chevelle D. Nubin, City Clerk.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
A. 15-208 ATLANTIC COMMUNITY HIGH SCHOOL CRIMINAL JUSTICE ACADEMY
HONOR GUARD PRESENTATION OF COLORS
3. APPROVAL OF MINUTES:
A. 15-175 MOTION TO APPROVE MINUTES
Attachments., October 21, 2014 Special Meeting Minutes
January 27, 2015 Special Meeting Minutes
March 3. 2015 Regular Citv Commission Meetino Minutes
March 3, 2015 Special Meeting Minutes
October 13 2015 Workshop Meetinq Minutes
approved
Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and
Commissioner Katz
Absent: 1 - Commissioner Jarjura
4. PRESENTATIONS:
A. 15-128 SPOTLIGHT ON EDUCATION PRESENTATION- PINE GROVE
ELEMENTARY SCHOOL
Principal Joe Peccia spoke regarding Pine Grove Elementary School. He
stated that Mr. Bill Fay is a legend in education. He stated that Pine Grove
had a great year in 2014 and they are continuing to raise proficiency in
terms of the FSA. He stated they will continue working as hard as they can
in this area. Principal Peccia spoke regarding the safety patrol trip to
City of Detray Beach Page 1 Printed on 1112012015
City Commission Minutes - Final November 3, 2015
Washington, D.C. and he also referenced the aftercare and summer camp
programs at Pine Grove Elementary. He thanked Commission for this time
tonight.
B. 15-153 RECOGNIZING AND COMMENDING BILL FAY
Attachments., Bill Fav Proclamation
Mayor Glickstein read the proclamation and presented it to Principal Bill
Fay. Mr. Fay discussed the reasons for his retirement. He also commented
regarding his experiences in Delray Beach, as well as with the City
Commission, the Education Board, the Fire -Rescue and Police
Departments, City Engineers, the Chamber of Commerce and the support
of so many.
C. 15-166 RECOGNIZING SISTER CITIES STUDENT AMBASSADORS AND
CHAPERONES FROM MIYAZU, JAPAN
Attachments: Student Ambassadors Proclamation
Mayor read proclamation and presented the proclamation to the students.
He also thanked their chaperones and Tony Durante and David Schmidt for
their efforts in making this all possible.
5. COMMENTS AND INQUIRIES ON AGENDA AND NON -AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS:
City Manager's responses to prior public comments and inquiries:
Mr. Cooper spoke regarding Mr. Eric Wagner's comment regarding Marina
Parking and rental cars.
Public Comment:
1. Jim Smith spoke regarding waivers, parking spaces, TDM initiatives,
Land Development Regulations (LDR) revisions and traffic congestion. He
read a statement into record.
2. Jim Knight spoke regarding the changes with the online agenda and
stated it is a little bit confusing. He also asked if the public can receive the
backup for the other boards online as well. Mr. Knight stated support is
needed for the upcoming Atlantic Community High School football game
and encouraged attendance.
3. Alice Finst spoke regarding the online agenda. She stated it is not a
useful new system. She also spoke regarding the Site Plan Review and
Appearance Board (SPRAB) video presentations and City Commission
Meeting presentations. She stated they are not visible online and offered
suggestions.
Cityofl)elrayBeach Page 2 Printed on 1112012015
City Commission Minutes - Final November 3, 2015
4. Graham Hutchinson spoke on behalf of his clients regarding the
permitting process within the city of Delray Beach for a water line.
5. Gary Eliopoulos spoke regarding the rules and stated they keep
changing regarding permitting, sidewalks and right of ways. He discussed
the personnel and getting questions answered. He asked Commission to
think about some of these policies. Mr. Eliopoulos also referenced the
Delray Beach Community Land Trust and asked the City Manager to check
into the policy regarding parking spots in front setbacks.
Discussion ensued between the Commission and Mr. Eliopoulos.
6. Ricky Grau, Professional Fire Fighters of Palm Beach County, spoke
regarding the issue of moving the city's Fire -Rescue to Palm Beach
County. He commented about a suppression unit being out of service at
Station 5. Mr. Grau provided suggestions regarding personnel and staffing,
apparatus, salaries, etc.
7. Ron Nobili read a statement into record regarding Marina District
parking.
8. Randolph Belli spoke regarding parking at Marine Way. He discussed
email and internet service and the charges by Comcast. He also
referenced an article in the Sun Sentinel today regarding boat slips and
mentioned that there are coconuts and Royal Palms that are being
neglected.
9. Peter Humanik thanked the City Manager for enforcing the rules and
thanked the Commission that the tables are off of the side streets on
Atlantic Avenue. He stated the parking permits are working out well and
stated there should be another level of parking. He provided suggestions
regarding parking. He commented regarding meters and stated maybe
permits can be put in to allow for three hours.
10. Gigi Basilio, on behalf of the residents of Tropic Palm, stated they are
trying to make improvements. She commented regarding signage and
stated their biggest challenge is the maintenance. She commented
regarding Sabal Palms that have been neglected for years and asked the
city to support them in regards to maintenance.
At this point in the meeting due to it being 7:00 p.m., the City Commission
went to the Public Hearing portion of the agenda.
Public Comment was reopened after Public Hearings at 7:04 p.m.:
City of DelrayBeach Page 3 Printed on 1112012015
City Commission Minutes - Final November 3, 2015
11. Alan Schlossberg spoke regarding the Fire Rescue services going to
Palm Beach County. He stated this should not be negotiated out. It is an
essential service. He suggested the city work out a plan regarding pension
obligations.
12. Susan Ruby spoke regarding fire negotiations and asked Commission
to consider the points raised by Mr. Schlossberg and stated local
government is closest to the people and so is fire service. She stated they
care about the community and stated these are vital services.
13. Yvonne Odom stated the city's resources are the people and the
services provided. She stated the city has its own Fire and Police
Departments, parks, etc. She stated her children moved back home to
raise their own children here because of their experiences in Delray Beach.
Ms. Odom urged the Commission to not lose what the city has built.
14. Joy Howell spoke regarding the Fire Rescue Department services
going to Palm Beach County.
6. AGENDA APPROVAL
The City Manager had no staff requested agenda changes. The City
Attorney had no requested agenda changes.
Vice Mayor Petrolia asked that Item 11.A.1, Update on Fire Rescue
Consolidation, be moved up in the agenda. It was moved to Item 8.A.A. on
the Regular Agenda.
City of Delray Beach Page 4 Printed on 11/20/2015
approved as amended
Yes:
4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and
Commissioner Katz
Absent:
1- Commissioner Jarjura
7. CONSENT AGENDA: City Manager Recommends Approval
approved the Consent Agenda
Yes:
4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and
Commissioner Katz
Absent:
1 - Commissioner Jarjura
A. 15-186
ACCEPTANCE OF A RIGHT-OF-WAY DEED FOR ALLEYWAY AT 210
NORTH SWINTON AVENUE
Attachments:
Location Map 210 N. Swinton Avenue
Richt of Wav Deed for 210 N. Swinton Avenue
City of Delray Beach Page 4 Printed on 11/20/2015
City Commission Minutes - Final November 3, 2015
approved
B. 15-185 ACCEPTANCE OF A RIGHT-OF-WAY DEED FOR ALLEYWAY AT 214
NORTH SWINTON AVENUE
Attachments: Location Mao 214 N. Swinton Ave.
214 N. Swinton Ave. Right of Way Deed
approved
C. 15-156 PURCHASE AWARD WITH DON REID FORD UTILIZING THE FLORIDA
SHERIFF'S ASSOCIATION (FSA) CONTRACT NO. 15-23-0904
Attachments: Don Reid Quote
Don Ried Best Pricing Letter
FSA Summary Pricing
FSA Contract 15-23-0904
Vehicle Purchasing Checklist
approved
D. PROCLAMATIONS:
D.1. 15-127 DELRAY READS DAY! - NOVEMBER 12, 2015
Attachments: Delray Reads Dayl Proclamation
approved
E. 15-174 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
FOR THE PERIOD OCTOBER 5, 2015 THROUGH OCTOBER 16, 2015
City o1 Detray Beach Page 5 Printed on 1112012015
City Commission Minutes - Final November 3, 2015
Attachments: November 3 2015 - City Commission Report
Location Map
Bedners Farm Market
321 North Congress Avenue
321 North Congress Avenue2
1211 Old Dixie Highway Site Plan
1211 Dixie Highway Elevation
PAAP.LLC Site Plan
PAAR LLC Elevation Rendering
321 North Swinton Avenue Site Plan
321 N Swinton Elevation
120 NE 1st Avenue Site Plan
120 NE 1st Avenue Elevation
55 SE 7th Avenu Site Plan
53 SE 7th Avenue Site Plan
53 & 55 SE 7th Avenue Elevations
916-918 NE 5th Street Site Plan
916-918 NE 5th Street Elevations
approved
F. AWARD OF BIDS AND CONTRACTS:
F.I. 15-131 BID AWARD 2015-77: MULTIPLE VENDORS FOR ELECTRIC PUMP
REPAIRS
Attachments: Bid Tabulation
2015-77 Purchasing Checklist
approved
F.2. 15-132 BID AWARD 2015-73 FOR ADMINISTRATION OF POLICE OFF-DUTY
DETAILS TO HART HALSEY, LLC.
Attachments: BID No 2015-73 Tabulation
Purchasing Checklist for Bid No. 2015-73
approved
8. REGULAR AGENDA:
A. 15-11 CONDITIONAL USE REQUEST TO ALLOW A VETERINARY CLINIC FOR
MOBILEVET21J, 4997 WESTATLANTIC AVENUE (QUASI-JUDICIAL
HEARING)
City of DelrayBeach Page 6 Printed on 1112012015
City Commission Minutes - Final November 3, 2015
Attachments., Mobilevet2U - Commission Report.doc
Board Order
P&Z DRAFT Board Minutes September 21 2015
P&Z Board Report of September 21 2015
Mayor Glickstein read the City of Delray Beach Quasi -Judicial rules into the
record for this item and all subsequent Quasi -Judicial Items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item and all subsequent Quasi -Judicial Hearing
items.
Mayor Glickstein asked the Commission members to disclose their ex
parte communications. All members of the Commission stated they had no
ex parte communications to disclose.
Mr. Tim Stillings, Planning and Zoning Department Director, entered
Project File #2015-200 USE -CCA into record and presented this item.
Staff recommendation is approval. The applicant was present for
questions.
Mayor Glickstein asked if anyone from the public would like to speak in
favor or in opposition of Item 8.A. to come forward at this time. There being
no one from the public who wished to address the Commission regarding
Item 8.A., the public comment was closed.
There was no cross-examination or rebuttal from City Staff or the applicant.
The City Attorney reviewed the board order with the City Commission.
approved
Yes: 3 - Mayor Glickstein, Vice -Mayor Petrolia, and Commissioner Katz
No: 1- Deputy Vice Mayor Jacquet
Absent: 1- Commissioner Jarjura
B. 15-170 REQUEST FOR IN -LIEU PARKING FEE FOR UPTOWN ATLANTIC
(QUASI-JUDICIAL HEARING)
City ofDeiraySeach Page 7 Printed on 1112012015
City Commission Minutes - Final November 3, 2015
Attachments; ThParty Agreement InLieu Parking Equity Delray 10-27-15 Executed
Uptown Atlantic Location Map
July 28 2015 Parking Management Advisory Board Minutes
Shared Parking Chart
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Deputy Vice Mayor Jacquet stated he had no ex parte
communications to disclose. Mayor Glickstein, Vice Mayor Petrolia and
Commissioner Katz stated there were no additional ex parte
communications since the last time the project came before the City
Commission.
Mr. Tim Stillings, Planning and Zoning Director, entered Project File
#2015-013-INL into the record and presented this item.
Mr. Bob Currie, Currie Sowards Aguila Architects, spoke on behalf of the
applicant regarding the project and the number of spaces total.
Mayor Glickstein asked if anyone from the public would like to speak in
favor or in opposition of Item 8.13. to come forward at this time.
Public Comment:
Peter Humanik spoke regarding parking.
There being no one else from the public who wished to address the
Commission regarding Item 8.B., the public comment was closed.
There was no cross-examination or rebuttal from City Staff or the applicant.
Mr. Currie stated they have plenty of parking due to the new rule.
Mayor Glickstein asked Mr. Stillings to address Deputy Vice Mayor
Jacquet's comments regarding inclusion. Mr. Stillings addressed the
parking spaces and the credit.
Deputy Vice Mayor Jacquet asked for clarification regarding the credit for
parking spaces.
Vice Mayor Petrolia asked if we know how many parking spaces are in that
area. She stated her biggest concern is that with where this is we do not
have the same parking problems as in the downtown area. She also
commented regarding the overflow into neighborhoods.
Mr. Stillings discussed the difference between the on-site parking spaces
and the on -street parking spaces. He stated there is sufficient parking in
the project area regarding the number of on -street parking spaces.
City of Delray Beach Page 8 Printed on 11/20/2015
City Commission Minutes - Final November 3, 2015
Vice Mayor Petrolia stated due to her concerns about parking she cannot
support this request.
Deputy Vice Mayor Jacquet further commented about parking in this
particular area and stated he does not support this request.
Commissioner Katz stated he concurs with Vice Mayor Petrolia and
Deputy Vice Mayor Jacquet regarding this request. He stated he has a
hard time giving up parking. He stated his biggest concern is that the city
has to have parking and other modes of transportation have to be
encouraged. He stated this may set a precedent in the future and
commented about the incentives that have been given for this project.
Commissioner Katz stated they have to figure out a way to put the forty-two
(42) spaces in the project.
Mayor Glickstein what is the maximum number of in -lieu parking spaces
that have been allowed.
Mr. Stillings discussed rates and parking ratios regarding in -lieu parking.
He stated they are generally based on Urban Land Institute studies
regarding parking.
Mayor Glickstein asked what leads Mr. Stillings to believe the parking is
adequate.
Deputy Vice Mayor Jacquet asked Mr. Stillings if we have a program for
shared parking in the city. Mr. Stillings stated if an adjacent project has
excess spaces available shared parking can be applied.
Mr. Stillings stated the city is looking ahead to the future generations as far
as what the city's population will need in terms of designing areas for the
people versus vehicles.
Mayor Glickstein stated this comes back to planning and asked if anyone
has looked at developable CBD properties in the West Atlantic area. He
stated the city needs to figure out how to support development in this area.
Mayor Glickstein commented that the number before them for approval
tonight is a big number. He asked what exists today in regards to parking
on Atlantic now -what amount of parking is being added to the West Atlantic
area independent of what is being built.
Discussion continued between the City Commission and staff.
Mayor Glickstein asked if the West Atlantic Redevelopment Coalition
City of Delray Beach Page 9 Printed on 1112012015
City Commission Minutes - Final November 3, 2015
(WARC) has reviewed this. Mr. Stillings responded that WARC had
reviewed this.
Mr. Chuck Ridley, Vice -Chair of WARC, was sworn in by the City Clerk and
spoke regarding the project. He stated WARC has had considerable
conversations regarding this project and they support it.
Mayor Glickstein asked if WARC has discussed the possibility of future
projects and future parking coming into this area.
Deputy Vice Mayor Jacquet stated although he feels the project should go
forward he is tasked with seeing the long term.
Commissioner Katz asked about meeting the parking requirements without
altering the number of townhomes or other parts of the project.
Mr. Currie stated the community did not want a parking structure. He stated
he has been to over thirty (30) meetings and the community is in support of
this project.
Discussion ensued regarding the project and the conditional use and
whether or not the City Commission knew the in -lieu request was coming.
Commissioner Katz stated he wants to know from staff and legal if the City
Commission approves this are they setting a precedent.
Mr. Noel Pfeffer, City Attorney, stated each property is unique.
Mayor Glickstein stated he understands the concerns and discussed the
market and the community.
Commissioner Katz stated he attended one of the work session meetings
and the community was supportive of this project.
recommended for approval
Yes: 2 - Mayor Glickstein, and Commissioner Katz
No: 2 - Vice -Mayor Petrolia, and Deputy Vice Mayor Jacquet
Absent: 1 - Commissioner Jarjura
C. ROUTINE BUSINESS (ALL ITEMS UNDER THIS SUBSECTION TO BE APPROVED
BY ONE MOTION. ANY ITEM UNDER ROUTINE BUSINESS MAY BE MOVED BY
COMMISSION FOR SEPARATE CONSIDERATION)
Vice Mayor Petrolia stepped away from the dais at this time.
Deputy Vice Mayor Jacquet stated he would like to receive a year to date
City of Delray Beach Page 10 Printed on 1112012015
City Commission Minutes - Final November 3, 2015
report of what has been spent this last fiscal year with Mathews Consulting,
Inc.
Mr. Randal Krejcarek, Environmental Services Director, stated he will
provide the report to the City Commission.
approved
Yes: 3 - Mayor Glickstein, Deputy Vice Mayor Jacquet, and Commissioner Katz
Absent: 2 - Vice -Mayor Petrolia, and Commissioner Jarjura
C.1. 15-102 SERVICE AUTHORIZATION NO. 12-18 TO MATHEWS CONSULTING,
INC. FOR PROFESSIONAL SERVICES IN CONDUCTING AN UPDATE
TO THE RECLAIMED WATER MASTER PLAN (P/N 2016-025)
Attachments: Service Authorization No. 12-18
approved
C.2. 15-106 SERVICE AUTHORIZATION NO. 12-19 TO MATHEWS CONSULTING
INC. FOR THE LIFT STATION #1 UPGRADE STUDY
Attachments: SA #12-19 -LS #1 Study Scope B.pdf
LS No. 1 Location Mao.pdf
approved
C.3. 15-193 PRIOR APPROVAL OF FY 2016 SPENDING GREATER THAN $25,000/
MULTIPLE VENDORS
approved
D. 15-098 PROPOSED INCREASE TO MARINA RENTAL RATES
Attachments: Comparison Fees 2015 - Present vs. Proposed
Chart of Revenue with 18-22 Dollar Increase
License Agreement for Boat Dockage
Proposed Fees and Revenue Increases 19-22 Dollars 2015
Marina Rules and Regulations 2015
Ms.Suzanne Fisher, Parks and Recreation Director, presented this item
regarding the proposed increase.
Mayor Glickstein commented regarding the memo and asked where does
the city stand in regards to market rates. He asked how far below is the
city in regards to rates. Ms. Fisher stated the city is approximately 10%
City of DelrayBeach Page 11 PfiMed on 1112012015
City Commission Minutes - Final November 3, 2015
below other cities and provided further clarification regarding rates.
Vice Mayor Petrolia commented regarding other marinas and locations.
She stated she has analyzed that our electric is not being included in our
current rates. She stated we are way low on rates and stated Delray Beach
is a unique spot. She commented that the city should conduct a study and
see if the city should be having live -a -boards. Vice Mayor Petrolia also
commented about metered rates and if the city is compliant at this time.
Commissioner Katz commented regarding rates and marinas.
Ms. Fisher stated she will bring additional information back to the City
Commission regarding rates.
E. 15-119 NOMINATION FOR APPOINTMENT TO THE GREEN IMPLEMENTATION
ADVISORY BOARD
Attachments: ExhibitA
Green Implementation Advancement Board Member List
Green Implementation Advancement Board Attendance List
approved
Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and
Commissioner Katz
Absent: 1 - Commissioner Jarjura
F. 15-199 NOMINATION FOR APPOINTMENT TO THE CIVIL SERVICE BOARD
Attachments: Civil Service Board Member List
Civil Service Attendance List
Mayor Glickstein stated it was brought to his attention that the applicant
may have a potential conflict of interest. The City Attorney stated the
applicant can be appointed if the potential conflict of interest is addressed.
The appointment was deferred until the applicant addresses the potential
conflict of interest and/or additional applicants are received.
9. PUBLIC HEARINGS:
A. 15-213 ORDINANCE NO. 26-15 (SECOND READING)
Attachments: Ordinance No. 26-15
Ordinance 26-15 First Reading Memo
Delray Beach Police Chief Jeffrey Goldman introduced this item and stated
Jeff Kadel is present. He stated the Police Department supports this.
City ofDeiray6each Page 12 Printed on 1112012015
City Commission Minutes - Final November 3, 2015
Jonah Fishcer, President of Teen CIA/Student, read a statement into the
record supporting this ordinance.
adopted
Yes: 4- Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and
Commissioner Katz
Absent: 1 - Commissioner Jarjura
10. FIRST READINGS:
A. 15-137
ORDINANCE NO. 22-15 (FIRST READING): AMENDMENTS TO LAND
DEVELOPMENT REGULATIONS (LDR), SECTION 4.6.19 TO PROMOTE
TREE PRESERVATION AND PROTECTION.
Attachments. Ord 22-15
CC Memo Initiate LDR for Tree Preservation
PZB Staff Report - September 21 2015
Mr. Stillings presented this item. He stated the amendments were
prompted by several developments in regards to maintenance of certain
trees and landscaping. He reviewed the highlights of the proposed
ordinance. The Planning and Zoning board recommended approval.
Mayor Glickstein asked about Section Four of the ordinance in regards to
calipers and stated he would like to see that reduced to eight inches and
stated the amounts are too far below. Mayor Glickstein commented
regarding losing trees.
Mr. Stillings stated this will be a balance regarding keeping the trees and
some trees being replaced or relocated.
Mayor Glickstein stated he does not feel this ordinance gets the city there
in terms of keeping trees or relocating them. He asked what is the value of
losing certain trees. He commented regarding specimen and stated an
eight inch caliper should be used. He referenced Section 5D of the
ordinance.
Mr. Stillings discussed the in -lieu payment and mitigation.
Vice Mayor Petrolia stated she wants to make sure that this ordinance
prizes the city's trees. She asked that staff find out if there is a certain town
that does have this as part of their ordinances. Mayor Glickstein
suggested that staff contact the company, Tree Movers, and ask about the
cost and criteria regarding relocation of trees.
Mayor Glickstein commented regarding projects.
City of Delray Beach Page 13 Printed on 1112012015
City Commission Minutes - Final November 3, 2015
B. 15-181
Commissioner Katz asked how will this ordinance affect current
development and how some developments have to fix problems with trees.
He inquired if the ordinance is only for new development.
Mr. Stillings stated this ordinance is intended to be a stop gap measure for
this time.
Discussion continued between staff and Commission regarding this
ordinance.
Mayor Glickstein asked that the caliper size be changed to 8 inches and
asked what would be a time certain for bringing this back to the City
Commission and referenced June 1 st as a date that staff will bring the
ordinance back to Commission in reference to a comprehensive review.
Commissioner Katz asked if hardship language can be added for single
attached and single detached. He also referenced Page 6 of the
Ordinance.
approved on first reading
Yes: 4- Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and
Commissioner Katz
Absent: 1 - Commissioner Jarjura
ORDINANCE NO. 29-15 (FIRST READING): AMENDMENT TO POLICE
AND FIRE PENSION PLAN WITH REGARD TO REHIRE OF RETIRED
EMPLOYEES
Attachments: Ordinance No. 29-15
Mr. Noel Pfeffer, City Attorney, read the caption and presented this item.
He stated this ordinance will allow under limited circumstances at the
discretion of the city, the reemployment of city employees retired under the
city's Police and Fire pension system. He reiterated the IRS rule and stated
other cities have ordinances that provide a break in service. He
highlighted what he has proposed which is a thirty (30) day break in
service. This ordinance was reviewed by the city's pension counsel. He
stated the way this is written the employee can only come back on a
part-time basis. Mr. Pfeffer stated this does not apply if that employee
wants to work under the general pension.
approved on first reading
Yes: 4- Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and
Commissioner Katz
Absent: 1 - Commissioner Jarjura
City of Delray Beach Page 14 Printed on 1112012015
City Commission Minutes - Final November 3, 2015
C. 15-180
ORDINANCE NO. 30-15 (FIRST READING): AMENDMENT TO
GENERAL EMPLOYEE PENSION PLAN WITH REGARD TO REHIRE OF
RETIRED EMPLOYEES
Attachments; Ordinance No. 30-15 Amendment to General Employee Pension Plan
with Regard to Rehire of Retired Employees
D. 15-173
Mr. Noel Pfeffer, City Attorney, read the caption and presented this item.
He stated this ordinance is the identical form of Ordinance and it is for the
General Employees.
Vice Mayor Petrolia asked a question regarding under what circumstances
the general employees can come back.
approved on first reading
Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and
Commissioner Katz
Absent: 1 - Commissioner Jarjura
ORDINANCE NO. 31-15 (FIRST READING): CALLING FOR A
REFERENDUM TO APPROVE A CHARTER AMENDMENT THAT
WOULD PROVIDE THE CITY COMMISSION WITH THE AUTHORITY TO
APPOINT AN INTERNAL AUDITOR
Attachments: Ordinance No. 31-15
The City Attorney read the caption and discussed that this is a Charter
amendment. He also referenced general duties of the internal auditor
position. The position can be structured by the City Commission in a
variety of ways.
Mayor Glickstein asked if this changes the Charter and if the City
Commission will still have the ability to modify this position.
The City Attorney offered an explanation regarding modification of the
position.
approved on first reading
Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and
Commissioner Katz
Absent: 1- Commissioner Jarjura
E. 15-167 ORDINANCE NO. 32-15 (FIRST READING): CALLING FOR A
REFERENDUM TO APPROVE THE REPEAL OF THE SPECIAL ACT
THAT CREATED THE CITY'S CIVIL SERVICE CODE
Attachments: Ordinance No. 32-15 Civil Service Referendum
Cify ol0elray Beach Page 15 Printed on 1112012015
City Commission Minutes - Final November 3, 2015
The City Attorney read the caption and presented this item regarding the
city's Civil Service Code. He provided an update regarding meetings held
on the legislation.
Vice Mayor Petrolia asked how important is this to have it on the March 15,
2016 Presidential Preference Primary election. She asked what will
happen in those six (6) months.
The City Attorney provided further clarification and stated it is part of
modernizing the code. The City Attorney stated he discussed this with the
city's lobbyist, Mr. Ballard and they believe this will be successful.
approved on first reading
Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and
Commissioner Katz
Absent: 1 - Commissioner Jarjura
11. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS:
A. City Manager
A.1. 15-103 FIRST NIGHT 2015 UPDATE - SITE PLAN & TRAFFIC PLAN
Attachments: First Night Budget FYI
Traffic Control Plan for First Night on 12-31-2015
Mr. Cooper, City Manager, provided an update to the City Commission
regarding First Night.
Commissioner Katz asked are we going to have less people and
commented that this is a hometown event. He spoke regarding the
elimination of street closures.
Ms. Suzanne Fisher, Parks and Recreation Director, provided clarification
regarding street closures. She stated the events will still be the same just
shifted off of Atlantic Avenue.
Mr. Cooper stated hopefully this will minimize inconvenience and make it
safer.
A.2. 15-217 UPDATE ON FIRE RESCUE CONSOLIDATION
Mr. Cooper, City Manager, provided an update regarding the fire rescue
consolidation. Mayor Glickstein asked for clarification of the City
Manager's comments.
Discussion ensued between the City Commission and the City Manager
regarding Fire -Rescue services.
Cify of Delray Beach Page 16 Printed on 1112012015
City Commission Minutes - Final November 3, 2015
B. City Attorney
None
C. City Commission
Vice Mayor Petrolia commented regarding the Microenterprise Loan
Program and stated someone has to figure this out. She also commented
regarding the new parking times and stated the signage does not coincide
with what was approved. She also commented regarding the cafe tables
being cleared so that people can pass and stated this is great. She
commented regarding other areas that are being impacted. Mayor
Glickstein stated the topic of sidewalk cafes will be on the workshop
agenda next week. Vice Mayor Petrolia asked if someone will look into the
tree trimming situation in Tropic Palms.
Mayor Glickstein stated he stands by the Commission's decision regarding
the hours but the implementation on the parking was abrupt and asked that
the City Commission give the City Manager direction on how to handle this.
He asked that the enforcement be held in abeyance until meters are
installed.
Deputy Vice Mayor Jacquet commented regarding signage and installation
of meters. He stated the City Commission had been discussing parking
hours for a long time.
Commissioner Katz discussed signage at Sandoway Parking Lot. Mr.
Cooper stated staff will address the signage issue. Commissioner Katz
stated he would like to see this revisited by the City Commission on an
agenda.
Mayor Glickstein discussed forgiveness of the tickets that have been
issued.
Commissioner Katz stated there is a problem on Atlantic Avenue from 5th
to the Bridge -the lights are out. He also discussed the accountability issue
brought up by Mr. Eliopoulos regarding staff doing their job. In addition,
Commissioner Katz commented regarding morale improvement. Mr.
Cooper stated he and Ms. DeCoste are working on this.
Deputy Vice Mayor Jacquet asked how much leeway do they have when
they talk to staff. He reiterated that the City Attorney and City Manager are
the City Commission's direct reports. He commented that the Commission
should speak to Mr. Cooper if they need something from staff or are not
satisfied. He also discussed why he did not support the in -lieu request and
the Mobile Vet2U agenda items. He stated the community has already
City of Delray Beach page 17 Printed on 1112012015
City Commission Minutes - Final November 3, 2015
discussed what they wanted and he feels that should be followed. Deputy
Vice Mayor Jacquet asked that staff get in touch with WARC regarding the
study they conducted.
Mayor Glickstein commented regarding the agenda changes online. Mr.
Cooper stated staff will put together instructions regarding the utilization.
Mayor Glickstein also commented regarding homelessness and other cites
that have put programs into place i.e. Albuquerque, New Mexico, Raleigh
Durham, North Carolina and Santa Monica, California. He asked that staff
look into this. Mr. Cooper stated staff is already starting the process as a
result of Goal Setting. Mayor Glickstein acknowledged Carver Middle
School Principal, Ms. Kiwana Prophete, who is one of three finalists from
across the state for the Leonard Miller Leadership Award.
The meeting was adjourned at 10:07 p.m. by Mayor Cary Glickstein.
City Clerk
ATTEST,:
f
Mayor
The undersigned is the City Clerk of the City of Delray Beach, Florida, and
the information provided herein is the Minutes of the Regular Meeting of the
City Commission held on Tuesday, November 3, 2015, which Minutes were
formally approved and adopted by the City Commission on November 17,
2015.
City Clerk
City of Delmy Beach Page 18 Printed on 1112012015
City Commission Minutes - Final November 3, 2015
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 amendments, additions or deletions to the
Minutes as set forth above.
City ofOelray Beach Page 19 Printed on 1112012015
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR MOBILEVET2U
4997 WEST ATLANTIC AVENUE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request came before the City Commission on
November 3, 2015. This conditional use request is to allow MobileVet2U located at
4997 West Atlantic Avenue to operate as a veterinary clinic.
2. The City staff and Applicant presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for
MobileVet2U. All of the evidence is a part of the record in this case. Required findings
are made in accordance with Sections I and 11.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan — Future Land Use Element_Qb�ective A-1: This
objective requires that the property be developed or redeveloped in a manner so that
the future use and intensity is appropriate and complies in terms of soil, topographic,
and other applicable physical considerations, is complimentary to adjacent land uses,
and fulfills remaining land use needs.
.Is Future Land Use Element Objective A-1 met?
Yes X No
CC Regular Meeting of November 3, 2015
b. Future Land Use Map: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land Use
Map. The subject property has a Future Land Use Map designation of GC (General
Commercial) and a zoning designation of PC (Planned Commercial).
Is the project's proposed location consistent with the Future Land
Use Map?
Yes X No
C. Concurrency: Facilities which are provided by, or through, the City shall
be provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service established
within the Comprehensive Plan.
Concurrency as defined pursuant to Objective B-2 of the Land Use Element of
the Comprehensive Plan must be met and a determination made that the public facility
needs of the requested land use and/or development application will not exceed the
ability of the City to fund and provide, or to require the provision of, needed capital
improvements for the following areas:
Are the concurrency requirements met with respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste, and
schools?
Yes X No
Ka
CC Regular Meeting of November 3, 2015
d. Consistency: Will the granting of the conditional use be consistent with
and further the goals, objectives and policies of the Comprehensive Plan?
Yes X No
[I. LDR REQUIREMENTS:
a. LDR Section 2.4.5(E)_Required Findings Conditional Use : Pursuant
to Section 2.4.5(E)(5), in addition to the provisions of Chapter 3, the City Commission
must determine that the conditional use will not:
i, Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Hinder development or redevelopment of nearby properties.
Are the requirements of Section 2.4.5(E)(5) met?
Yes X No
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
4. At its meeting of September 21, 2015, the Planning and Zoning Board
considered the conditional use request and voted 7 to 0 to recommend approval of the
conditional use, based upon positive findings.
5. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted.
6. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
3
CC Regular Meeting of November 3, 2015
in the record including but not limited to the staff reports and testimony of experts and
other competent witnesses supporting these findings.
7. Based on the entire record before it, the City Commission approves X
denies the conditional use request set forth above and hereby adopts this order
this 3rd day of November, 2015 by a vote of 3 in favor and 1 opposed.
ATTEST: ;
Chovvpjlo Nubih,' City. CIPr
AppOoved -as to legal form T
And sU!! iciency
City Attorney
4
Cary D. Gli st n, Mayor
CC Regular Meeting of November 3, 2015