03-31-15 Regular Meeting MinutesMARCH 31, 2015
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at
City Hall at 6:00 p.m., Tuesday, March 31, 2015.
1. Roll call showed:
Present - Vice Mayor Shelly Petrolia
Deputy Vice Mayor Alson Jacquet
Commissioner Mitch Katz
Commissioner Jordana Jarjura
Mayor Cary Glickstein
Absent - None
Also present were - Donald B. Cooper, City Manager
Noel Pfeffer, City Attorney
Chevelle D. Nubin, City Clerk
2. INVOCATION:
The invocation was delivered by Reverend Anthony Cuseo.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. APPROVAL OF MINUTES:
Vice Mayor Petrolia moved to approve the Minutes of the Special Meeting
of March 12, 2015, seconded by Ms. Jarjura. Upon roll call the Commission voted as
follows: Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor
Glickstein— Yes; Vice Mayor Petrolia— Yes. Said motion passed with a 5 to 0 vote.
5. PRESENTATIONS:
5.A. Spothalit on Education - Orchard View Elementary School
Kathleen DePuma, Principal of Orchard View Elementary School, gave a
brief PowerPoint presentation regarding the goals and objectives for Orchard View
Elementary School. Ms. DePuma stated there are approximately 650 students; most of
the students are bused to Orchard View which brings diversity to the school. The school
is currently graded a "C" by the State and they are working very hard to make the
improvements necessary.
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Mayor Glickstein thanked Ms. DePuma for her positive attitude and
optimism. Mayor Glickstein stated if there is anyone that has spare time that might be
interested in mentoring that speaks a second language, and that are retired, or are looking
for something to do, Orchard View (or another school in the community) may be the
place to serve the community.
Deputy Vice Mayor Jacquet stated he attends Career Day every year at
Orchard View Elementary School and thanked Ms. DePuma for the work that she does.
Deputy Vice Mayor Jacquet encouraged everyone in the city that speaks a second
language (i.e. Spanish or Creole) to visit the children.
S.B. Sister Cities — David Schmidt, President of Delray Beach Sister Cities
Committee
David Schmidt, President of Delray Beach Sister Cities, gave a brief
PowerPoint presentation regarding the history of Sister Cities in Delray Beach, how the
organization is structured, and an overview of the general selection process for a potential
Sister City. In addition, Mr. Schmidt stated he would like to recommend how to proceed
with the potential relationship with Acquin, Haiti.
Deputy Vice Mayor Jacquet stated he was elected in March 2012 and by
May 2012 that conversation was out there about looking into a Sister City for Haiti.
Brief discussion followed by Deputy Vice Mayor Jacquet and Mr. Schmidt.
Mr. Katz moved to approve the consideration of Resolution No. 16-15 to
the Regular Agenda as Item 9.A.A., seconded by Vice Mayor Petrolia. Upon roll call the
Commission voted as follows: Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein —
Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes. Said motion passed
with a 5 to 0 vote.
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 City Manager announced that there will be a Town Hall gathering on
Tuesday, April 7, 2015 at Northern Trust Bank, and this is part of a second of a series of
Town Hall gatherings that will be held each month. The City Manager stated additional
information is available on the City's website (www.mydelraybeach.com) and he urged
everyone to take a look at it.
Secondly, with respect to the reference to the signage regarding, "No Left
Turns" on Atlantic Avenue, the City Manager stated this will be discussed at the April
14th Workshop meeting at which time staff expects direction from the City Commission.
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With regard to previous comments expressed by Ms. Moody concerning
the condition of the streets, the City Manager stated he believes the City should and could
do more to maintain the streets based upon budgetary constraints and subject to the three
(3) year work plan, staff will endeavor to try and improve that into the future.
With regard to Mr. Chard's previous comments concerning the Lake Ida
parcel, the City Manager stated staff will discuss this at the April 14r' Workshop meeting.
The City Manager stated he has been in contact with the County Administrator Mr. Levy
concerning the donation and he has another meeting scheduled with Mr. Levy to
formalize the Letter of Intent.
6.B. From the Public.
6.B.1. Steve Blum, 115 Venetian Drive, Delray Beach, FL 33483, stated Mr.
Blum stated for many years Delray citizens were limited to speaking on Non -Agenda
items only. Mr. Blum encouraged everyone to remember that Commissioner Frankel and
former Mayor Tom Carney helped change the City's rule on public participation.
6.B.2. Gary L. Fishman, 3504 Diane Drive, Boynton Beach, FL 33435
(Acting President of the Diane Drive Neighborhood Association and the
surrounding neighborhoods), read a brief statement into the record and stated his
neighborhood would be in the pathway if the access to the park would happen. Mr.
Fishman stated connecting to Lake Ida Park with a bridge and Caloosa Park with a tunnel
would be catastrophic for them.
6.B.3. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444,
commented about the Sister Cities for Haiti and stated that everyone needs to focus on
what is happening in Delray Beach.
6.B.4.
Avenue, Delray Beach, FL 33444, stated there is some compelling aspects of the
administrative value of what David Schmidt is proposing but this is an initiative that
several leaders of the community have been pushing for quite a while. Major Bemadel
stated there are several leaders of the community that are working together with David
Schmidt so they can achieve the same result. Major Bemadel stated the Haitian
community makes a significant contribution every day to the quality of life in Delray
Beach and there is a tremendous value in the work they plan to do together as a city
between Haiti and Delray Beach.
6.13.5. Dan DeCarlo, 9960 Pineapple Tree Drive, Boynton Beach, FL 33436
(President of Boynton Beach Sister Cities Committee), stated he contacted Sister
Cities International and asked them the process regarding the cities in Haiti or anywhere
in the world. Mr. DeCarlo stated he was informed that there is no special list to get on,
but it is just a matter of cities in either the U.S. or in another country who contact the
Sister Cities International who may have a Sister City and thus then they are put on the
list. He stated if another city from another country wants to be a Sister City particularly
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in South Florida they believe it is a good thing. Secondly, Mr. DeCarlo stated when they
began the Sister City Program in Boynton Beach 15 years ago in Shofu, China it was
made after he made one visit to China and they did not go through any due diligence or
six months of study; they just knew it was important. Mr. DeCarlo stated everything
about Sister Cities is about relationships and that is the key that makes it work.
6.B.6. Leslie Barbot, Consulate Agent with the Haitian Government, stated
being a foreigner in the U.S. there is a relationship that can be built from this and Sister
Cities is not only based on color, race, or gender but the relationship is based on gain,
trade and tourism. Mr. Barbot stated the relationship is also built on trust and it is a
march forward the Consulate General is in Miami and they are coming here every second
Tuesday every month to provide consulate services (i.e. passports, archives, etc.) to the
citizens in Delray Beach.
6.B.7. Lakmichand Kalra, 3842 South Lake Drive, Boynton Beach, FL
33435 (lived here for over 30 years), commented about the 4.8 acre lot that the City of
Delray Beach is considering buying from the County with the goal of creating a park and
connecting bikeways. Mr. Kalra stated this parcel is bound by water on two sides, I-95,
and his property. He stated the City would need to construct a bridge connecting his
property to Lake Ida Park as well as a tunnel under 1-95. Mr. Kalra stated the County
Parks Department has stated that they are against building a bridge because of the large
cost as well as concern that it would make law enforcement more difficult. He urged the
City Commission to take into consideration the residents perspective as well as the
taxpayers' dollars. Mr. Kalra stated the neighborhood is against building the park
because they are concerned that it will bring noise, traffic and crime to a safe
neighborhood. Mr. Kalm stated the County has put the condition of sale that there needs
to be a land access through his property and he will not give access; if the private road
were to become public the property value would drop. Mr. Kalra asked how much is the
actual cost of building a park including a bridge and expressed concern over how the City
can justify building a park in this location when the neighborhood is against it.
At this point, Mayor Glickstein at 7:00 p.m. the Commission would
normally start Public Hearings; however, with the consensus of the Commission he
suggested that the Commission get through the public comment and agenda approval.
Mr. Katz moved to approve to push the Public Hearings back until the
conclusion of public comment and agenda approval, seconded by Ms. Jarjura. Upon roll
call the Commission voted as follows: Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice
Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes. Said motion
passed with a 5 to 0 vote.
6.B.8. Ted Marshall, 718 Burgundy O, Delray Beach, FL, stated Delray Beach
has a rich community of several different immigrant communities and he is learning
Creole. Mr. Marshall stated within these ninety (90) days he is going to work diligently
with Commissioner Jacquet to make sure that all the paperwork he needs to make this
happen for Aquin (if this is going to be the city) and have those updates at the next two
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meetings so that the City Commission can know exactly what is taking place. Mr.
Marshall reassured Commissioner Jacquet they are going to have a Haitian City within
the Sister City Board. He stated this is going to take continued effort from not only the
Haitian community but from everyone that wants Delray Beach to be recognized as an
important entity to education, trade and culture.
Deputy Vice Mayor Jacquet thanked Mr. Marshall for his comments and
stated this is an issue that the community has brought to him even before his election so
as an elected official he took it upon himself to bring it to the table. He wants to make
sure that this is not an Al Jacquet issue; this is a Delray Beach Sister Cities issue.
6.B.9. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483,
welcomed Commissioner Katz and recognized Environmental Services Director Randal
Krejcarek for asking the City's Sustainability Officer John Morgan and City Engineer
Issac Kovner to attend the annual BPOA meeting last week concerning their rising flood
insurance bill and the no parking test that will be taking place soon on the barrier island.
Mr. Smith stated S.A.F.E. is hopeful that the City and the CRA will include remedies in
next year's CIP to fill in the sidewalk gaps, add new sidewalks, and improve street
lighting. Mr. Smith commended Morgan and Kovner's job performances in the short
time they have been employed by the city and gave kudos to Interim Community
Improvement Director Michael Coleman for the fast action concerning a new sidewalk
cafe pedestrian clearance space ordinance. Mr. Smith stated S.A.F.E. is requesting that
the City Commission to consider permitting the sidewalk cafes to use the entire sidewalk
space and the retail shops as well whenever the street in front is closed to vehicular
traffic; pedestrians can use the street instead and this would offset the loss of tables for
the cafes that will be losing a few tables and be able to adjust to the revised LDRs at the
same time.
6.B.10. Ken MacNamee, 1049 Del Haven Drive, Delray Beach, FL 33483,
distributed a handout from the Police and Fire 2014 Audit and stated this is not the Police
and Fire Retirement System Pension Plan but is the taxpayers' pension plan. Mr.
MacNamee stated this has been going on for seven (7) years and it has not been corrected
or addressed.
6.B.11. Alexander Simon, 220 MacFarlane Drive, Delray Beach, FL 33483,
congratulated Mayor Glickstein, Commissioner Katz, Vice Mayor Petrolia and Ms.
Jarjura and urged them to continue their efforts to sustain the city's way of life. Mr.
Simon stated he is a native of Delray Beach and is a great believer of the uniqueness of
this town. He stated he believes the entire Commission has IIIP (Intelligence,
Independence, Integrity, and Passion) for the `Village by the Sea" Delray Beach.
6.B.12. Mike Novatka, Oceanside Beach Services, stated everything was
running smooth with his business until the last few months when inspectors came out to
inspect the operation of his business. Mr. Novatka stated he been operating since 2002;
however, he stated now there is allegations regarding the service being provided. He
stated Ms. Davis provided him with reports since the end of January 2015 and the reports
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are mostly incident free. Mr. Novatka stated he wants to be in Delray and continue his
contract with the City.
6.B.13. Chuck Ridley, 210 N.W. 2"d Avenue, Delray Beach, FL 33444, stated
he hopes a resolution will send a clear message that Delray Beach is supporting a Sister
City relationship with Haiti. Mr. Ridley stated if a resolution cannot be done, then he
urged the City Commission to send a strong message to inspire anyone willing to get
behind this project and make it work.
6.B.14. Nancy MacManus, 138 Marine Way, Delray Beach, FL 33483,
congratulated Commissioner Katz and Mayor Glickstein with respect to the election and
recognized Vice Mayor Petrolia as well. Ms. MacManus asked why there is not a bus
indentation for a bus to pull over on Federal Highway south of the Mellow Mushroom
and urged the City Commission to go see the traffic backup when the buses come. In
addition, Ms. MacManus stated she cannot get out of S.E. 1st Street due to the traffic
backup and urged the City to look into this.
6.B.15. Patrick Halliday, 1071 Delray Lakes Drive, Delray Beach, FL 33444
(speaking on behalf of HPD), welcomed and congratulated Commissioner Katz as well
as Mayor Glickstein with respect to election. Mr. Halliday stated HPD is all about
preserving the community for more walkable, bikeable, livable city and now the focus is
on acquiring the Lake Ida property as opposed to it being sold for development. He
stated everyone can work together on the details as to what may happen to this parcel so
that it is beneficial to entire community and so everyone will have the ability to walk and
bike.
6.B.16. Mary Carstarphen, 619 S.W. Its Avenue, Delray Beach, FL 33444
(Education at South Tech Academy teaching Cosmetology), thanked newly elected
Commissioner Katz who came into her classroom yesterday and assisted her with her
students for mock interviews. Ms. Carstarphen stated she reached out to Mr. Katz in his
pursuit as Commissioner and extended an invite to him and he graciously accepted. In
addition, last year she asked Commissioner Jacquet to be a part of her panelist and
thanked him as well. Ms. Carstarphen urged the entire City Commission to reach out to
the entire community and be consistent regardless of someone's background, where they
are from, what street they live on, the cars they drive, or the homes they live in.
6.B.17. Mona Wolpe, lived in Delray Beach in 1985 and opened a medical
practice and now currently lives in Boynton Beach but is closing on a house in
Delray Beach, stated she has been coming to the beach for the last four (4) years and
commended Oceanside Beach Services, Inc. for taking great care of the beach.
6.13.18. Christina Morrison, 2809 Florida Boulevard, Delray Beach, FL
33483, Oceanside Beach Services does a great job and they serve many of the beach
towns. She commented that cigarette butts are a problem everywhere. Ms. Morrison
stated there are a lot people that use the beach that do not use the Oceanside Services.
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6.B.19. Michael Field, 75 Venetian Drive, Delray Beach, FL 33483, briefly
spoke in support of Oceanside Beach Services and he has utilized Oceanside Beach
Services for 12 years. Mr. Field stated Oceanside Beach Services are professional,
supportive and very helpful
6.11.20. Beverly Boone, 65 Palm Square, Delray Beach, FL 33483, briefly spoke
in support of Oceanside Beach Services and has used their services since 2006. Ms.
Boone stated in 2006/2007 when Mr. Perlman was Mayor the City Commission at the
time voted on an ordinance for "No smoking on the beach" however it is not enforced;
she noted that the prime reason for doing that at the time was to help with the cigarette
butt problem on the beach.
6.B.21. Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 33483, asked
why Item 8.A., Acceptance of right-of-way deed 249 Plaza and Item 9.1.,
Reimbursement Agreement/HHC Seagate Hamlet, LLC: Hamlet Seagate
Subdivision are not Quasi -Judicial hearings.
Secondly, Mr. Humanik stated everyone would like to see a relationship
with Haiti. However, Mr. Humanik stated you cannot get a volunteer group and instruct
them to do things unless you have an environment that is not confrontational.
Mr. Humanik stated there are issues when you go to the beach (i.e.
cigarette butts, etc.) and the beach service company cannot enforce anything; however,
the lifeguards and beach patrol that could call someone to enforce things.
Lastly, Mr. Humanik wished the entire Commission good luck in this new
term.
6.B.22. Jeanne Romer, 2717 Carnation Court, Delray Beach, FL 33445
(volunteer at Delray Beach Visitor's Center), stated if the City loses this beach service
contract it could have a financial impact and that many people who use Oceanside Beach
Services also go to the restaurants and the shops. In addition, Ms. Romer expressed
concern over people who are extremely disabled and cannot sit in little beach chairs and
then get up. She commended Oceanside Beach Services and stated she is in contact with
thousands of visitors' every year who rave about the services and the Visitor's Center has
never complained about the beach service nor have any of the local people ever
complained about the beach service.
6.B.23. Todd L'Herrou, 830 Kokomo Key Lane, Delray Beach, FL 33483
(member of the Sister Cities Board), supports a Sister Cities Committee for Haiti and
stated it is important that Delray Beach build that relationship. Mr. L'Herrou stated it is
important that everyone follow an appropriate process and he supports the city that the
community has selected and that Commissioner Al Jacquet has brought forward. Mr.
L'Herrou stated he would like confirmation that they have community support because
there are other members that are willing to join him on being on that committee to help
make sure that relationship happens.
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6.B.24. Cindi Freeborn, 371 East Mallory Circle, Delray Beach, FL 33483,
congratulated those members of the Commission that are newly elected and re-elected.
She stated it is her understanding that the city is not looking to eliminate beach service
but consider a different beach service company because of some of the lack of contractual
issues in the contract that are not being fulfilled. She confirmed with the City Manager
that although the City has an ordinance prohibiting smoking on the beach and the State
law supersedes that ordinance. She recommended that the City stipulate a designated
area of the beach for smoking and then hold whomever the beach services are
accountable. Ms. Freeburn stated she does not use the service; however, she has not seen
the raking of the beach.
Secondly, with respect to dogs on the beach, Ms. Freeborn stated it would
be prudent to establish a dog beach that is monitored, patrolled and cleaned.
7. AGENDA APPROVAL.
The City Attorney requested that the Commission defer and remove Item
9.11., Amendment No. 1 to Triparty Interlocal Agreement/Community
Redevelopment Agency and the Greater Delray Beach Chamber of Commerce/Old
Library Site and Chamber Relocation. The City Attorney stated he would like to
review the item to confirm that the notice requirements for this item are adequate.
Ms. Jarjura moved to approve the Agenda as amended, seconded by Vice
Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein -
Yes; Vice Mayor Petrolia - Yes; Deputy Vice Mayor Jacquet - Yes; Mr. Katz - Yes; Ms.
Jarjura - Yes. Said motion passed with a 5 to 0 vote.
Mayor Glickstein moved to approve to move Item 8.F., Revocable
License Agreement for Veterans Park/Excursion Boats, to the Regular Agenda as
Item 9.B.B.
Vice Mayor Petrolia moved to approve the Agenda as amended, seconded
by Deputy Vice Mayor Jacquet. Upon roll call the Commission voted as follows: Vice
Mayor Petrolia - Yes; Deputy Vice Mayor Jacquet - Yes; Mr. Katz - Yes; Ms. Jarjura -
Yes; Mayor Glickstein - Yes. Said motion passed with a 5 to 0 vote.
8. CONSENT AGENDA: City Manager Recommends Approval.
8_A. ACCEPTANCE OF RIGHT-OF-WAY DEED/249 PLAZA: Approve
a right-of-way deed agreement for a four foot (4') right-of-way dedication along the west
side of the existing sixteen foot (16') rear alley for 249 Plaza located at 247 S.E. 6'
Avenue.
B.B. SERVICE AUTHORIZATION NO. 12-03.1 (AMENDMENT NO. 1)/
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CALVIN, GIORDANO AND ASSOCIATES, INC: Approve Service Authorization
No. 12-03.1 (Amendment No. 1) with Calvin, Giordano and Associates, Inc. in the
amount of $5,786.19 to provide professional engineering services (RFQ No. 2012-06) for
the design of 90 -degree back out parking spaces at the alleyway on the west side of 342
N.E. 3`d Avenue (Project #11-024). This is in compliance with Chapter 36 of the Code of
Ordinance, Section 36.06(A)(1), "Change Orders Beyond Scope of Work". Funding is
available from 334-3162-541-68.72 (General Construction Fund: Other
Improvement/N.E. 3`d Streetscape).
8_C. AMENDMENT NO. 2 TO SURVEYING CONSULTING SERVICE
AGREEMENTS: Approve Amendment No. 2 to the Surveying Consulting Service
Agreements (RFQ 2012-07) with Avirom & Associates, Inc., Caulfield & Wheeler, Inc.,
Wantman Group, Inc., and Dennis J. Leavy & Associates, Inc. to extend the original
agreements until April 2016. This recommendation is in compliance with Code of
Ordinances, Chapter 36, Section 36.02(C)(3), "Professional Services" and Section
36.07(A)(3), "City Commission Approved Contracts, Renewal".
8_D. EXECUTION OF THE RECEIPT AND RELEASE FORM
ACKNOWLEDGING THE CITY AS A BENEFICIARY OF THE IRVING
LIEBERMAN TRUST: Approval to execute a Receipt and Release Form for the Irving
Lieberman Trust that acknowledges the acceptance of property from Janet Fleishman and
Neal Lieberman as Successor Trustees of the Irving Lieberman Trust in the amount of
$15,000.00.
8_E. REVOCABLE LICENSE AGREEMENT/DELRAY STUDENTS
FIRST, INC./CATHERINE STRONG PARK: Approve a Revocable License
Agreement with Delray Students First, Inc. for the use of one classroom (Classroom #3)
to tutor and mentor children ages 5 to 16 years old, at Catherine Strong Park for one (1)
year with an option for one additional year renewal.
8_F. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.B.B.
8.G. MEMORANDUM OF UNDERSTANDING/BROWARD COUNTY
SHERIFF'S OFFICE: SOUTH FLORIDA INTERNET CRIMES AGAINST
CHILDREN: Approve a Memorandum of Understanding between Delray Beach Police
Department and the Broward County Sheriff's Office which is designed to combat crimes
and exploitation against children through the use of computers, computer technology, cell
phones and the internet.
8_H. MEMORANDUM OF UNDERSTANDING/PALM BEACH
COUNTY: CHILD ABUSE PROTECTIVE INVESTIGATIONS PROTOCOL:
Approve a Memorandum of Understanding with Palm Beach County Child Abuse
Protective Investigations Protocol for cooperation, collaboration and the sharing of
appropriate information by agencies within this jurisdiction.
8_I. LEASE AGREEMENT/SENATOR MARIA SACHS DISTRICT
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OFFICE: Approval of a retroactive two-year lease agreement between the City and
Florida State Senator Maria Sachs from January 1, 2015 to December 31, 2016.
8.J. PROCLAMATIONS:
1. Earth Day — April 25, 2015
8_K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period February 23, 2015 through March 6, 2015.
8.L. AWARD OF BIDS AND CONTRACTS:
1. Bid award to L.V. Superior Landscaping, Inc. (Bid No. 2015-20)
in the amount of $46,022.00 for landscape maintenance services
for Lake Ida, Lake Ida Medians, Congress Avenue to Military
Trail, George Bush Boulevard (N.E. 8t" Street), and West Atlantic
Avenue from Swinton to I-95. This recommendation is in
compliance with Code of Ordinances, Chapter 36, Section
36.02(A)(1), "Competitive Bids". Funding is available from 119-
4144-572-46.40 (Beautification Trust Fund: Repair & Maintenance
Services/Beautification Maintenance).
2. Bid award to Synovia Solutions, LLC. (Bid No. 2015-29)
the lowest responsive bidder, in an annual amount not to exceed
$29,000.00 for vehicle fleet global position monitoring systems for
109 city vehicles. This is in compliance with the Code of
Ordinances, Chapter 36, Section 36.02(A)(1), "Sealed Competitive
Method". Funding is available from various departmental budgets.
Ms. Jarjura moved to approve the Consent Agenda as amended, seconded
by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Deputy Vice
Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice
Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:42 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10A. ORDINANCE NO. 05-15 (SECOND READING): Consider an
amendment to Title VII, "Traffic Code" of the Code of Ordinances creating a new
Section 71.031, titled "Parking in the Marina Historic District'; establishing a Restricted
Parking Zone that restricts On -Street parking to residents; establishing the procedure for
residents to obtain a permit for On -Street parking; setting permit fees and establishing
penalties.
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The caption of Ordinance No. 05-15 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
CREATING A NEW SECTION 71.031 TITLED
"PARKING IN THE MARINA HISTORIC DISTRICT";
ESTABLISHING A RESTRICTED PARKING ZONE
THAT RESTRICTS ON -STREET PARKING TO
RESIDENTS; ESTABLISHING THE PROCEDURE FOR
RESIDENTS TO OBTAIN A PERMIT FOR ONSTREET
PARKING; SETTING PERMIT FEES; ESTABLISHING
PENALTIES; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 05-15 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Victor Maitenyi, Deputy Director of Public Utilities, stated there is a
change to Section 2.B.4, page 4 or the ordinance Short-term Parking Permits and the
phrase "Except for City Marina boat residents" was added as a result of direction that
staff received at the first reading.
Mayor Glickstein declared the public hearing open.
Cindi Freeburn, 371 East Mallory Circle, Delray Beach, FL 33483,
asked why this is being done in advance of a more comprehensive parking plan that has
to do with residents and the ability to park downtown especially during season.
Carolyn Patton, President of the Marina Historic District
Homeowners' Association, congratulated Mayor Glickstein, Vice Mayor Petrolia and
Commissioner Katz. Ms. Patton spoke about the Marina Historic District and they have
taken incredible care in creating Delray's First Pilot Resident Only Parking Plan for the
Marina Historic District. She sated with the leadership of Mayor Glickstein and the
Commission, Randal Krejcarek and Issac Kovner they have taken an official vote of the
homeowners (76% in favor). In addition, Ms. Patton stated they have met with
department heads from Engineering, Community Improvement, Fire -Rescue Department,
Police Department, Parking Management Department, and the City Manager's office as
well as meeting several times with the entire neighborhood. Ms. Patton urged the
Commission to not add requested changes by one boat slip renter because these changes
would increase the number of guest passes allowed and the permanent resident stickers
(not the guest stickers) will allow Police to see which cars belong in the neighborhood.
Ms. Patton stated additional guest stickers would defeat safety in the neighborhood. She
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stated the ordinance on first reading is very equitable because any resident or boat owner
can get two (2) permanent stickers and one (1) guest pass. She feels this is a positive
move for the neighborhood.
Andy Katz, speaking for the Beach Property Owners Association, stated
good luck to both continuing and new Commissioners. Mr. Katz stated he is in favor of
the Marina Historic District Policy. Mr. Katz commended Randal Krejcarek and Isaac
Kovner for working very hard in good faith to establish a good policy. Mr. Katz stated
they look forward to a Pilot Program that was chosen for Nassau Street (10 feet narrower
than would allow parallel parking) and then a round table discussion as a follow-up of
that Pilot Program so the citizens can decide was is the best policy chosen from various
city policies. Mr. Katz stated different areas require different solutions. He urged the
Commission to support the Marina District Policy.
Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL, feels instead
of that way they could park in their own yard and they could park in their own yard and
would not be on the street. She stated there are sections of the city where homeowners
are developed over time and they have never had driveways and have been on the beach
for decades, she feels before we can restrict here, then she feels the city should of looked
at working with them to put a driveway in so you can park out of the street and your
guests can park in your driveway. Ms. Moody stated we cannot make everyone who does
have a driveway pay for something someone else does not have.
Ron Nobili, 159 Marine Way, Slip 915, Delray Beach, FL 33483
(member of the discriminated class of residents livine within the Marina Historic
District impacted by Ordinance No. 05-15), briefly spoke about equality and stated a
number of on -street parking spaces to affected residents should not be predicated on how
many vehicles a stakeholder possesses. Mr. Nobili stated the discriminated class consists
of widows, widowers, never married snowbirds especially City marina seasonal live-
aboards, and divorcees (those mostly not possessing a second vehicle in Florida
consequently unable to utilize a third available on -street parking space as those with a
second vehicle are able to). Mr. Nobili expressed concern that a discriminatory practice
is not necessary to achieve the desired results and he suggested a more equitable and
legally sound ordinance.
Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 33483, stated he
supports the Pilot Program for the parking in the Marina Historic District until the City
comes up with a more comprehensive parking plan. Also, Mr. Humanik thanked the City
for pro -rating the parking permits.
Allen Zeller, 126 Marine Way, Delray Beach, FL 33483 (Vice
President of the Marina Historic District Homeowners' Association), congratulated
Mayor Glickstein and the Commissioners on their elections and stated he knows they will
continue do an excellent job. Mr. Zeller stated they have been working on this parking
program for approximately three (3) years; it has been under study, review, consideration,
and under analysis for this entire period of time. Mr. Zeller stated they have had
numerous meetings with the Commissioners, Police and Fire -Rescue Departments,
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Randal Krejcarek, Lula Butler, and Planning staff. Mr. Zeller urged the City Commission
to approve this parking program as it has been presented. For the record, with respect to
Mr. Nobili's comments that there has been some type of discriminatory practice with
regard to the parking program, Mr. Zeller stated he disputes that and noted there has been
no discriminatory practice in the vetting and the review process, and he urged the City
Commission to adopt this parking program.
Beverly Boone, 65 Palm Square, Delray Beach, FL 33483, commented
about how her life is better after having the implementation of the Pilot Program and
urged the City Commission to approve Ordinance No. 05-15. Ms. Boone stated she does
not have drunks coming from the bars on Atlantic Avenue down her street dropping cups
and beer bottles, she knows who lives in her neighborhood because the cars parking there
are people who have permits, and feels that one (1) guest pass per family is sufficient.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 05-15, the public hearing was closed.
The City Attorney stated the following language was added on page 4,
Section 2.B.4., "Short -Term Parking Permits: Except for City Marina boat residents".
Vice Mayor Petrolia asked if there is anything that would cause the City
entering into a legal issue with respect to discrimination with respect to this ordinance.
The City Attorney stated the ordinance is legally defensible.
Ms. Jarjura stated Mr. Nobili is the only person who has continued to
complain and the only live -aboard and marine lessee that has continued to complain
about this. For clarification, Ms. Jarjura stated the City is giving more than what is
required under Mr. Nobil's current boat lease where he is only permitted one (1)
residential permit and under this new ordinance he is getting more than what he was
given under the boat lease.
Vice Mayor Petrolia stated she has sat with several of the meeting with the
groups and this has been a long, hard, and arduous journey that has brought everyone to
this point. She stated this is a different situation than many of the other communities
because they could not get to their cars. Vice Mayor Petrolia stated to give peace and
quiet to a neighborhood that once was that, she feels it is good that it is going in this
direction and it will show us the ways that are working and not working in order to be
able to bring it to some other areas as well.
Commissioner Katz stated he understands Mr. Nobili's concerns,
however, he does not feel his approach or wording should be used. Commissioner Katz
stated he also agrees with Ms. Freeburn's comments that the City needs a comprehensive
plan, but in any comprehensive plan you have to start somewhere and he believes this is a
good start.
Mr. Katz stated this is a good start and he supports moving forward.
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Mayor Glickstein commended Mr. Zeller for his tenacity and also thanked
the residents and staff. For clarification, Mayor Glickstein stated this is no longer a pilot
program, but this is an ordinance if it passes tonight. He stated this is a great starting
point for the BPOA (or whoever is going to champion this to the beach area) because he
feels the beach area is the next area that needs this desperately.
Vice Mayor Petrolia moved to adopt Ordinance No. 05-15 on Second and
FINAL Reading, seconded by Mr. Katz. Upon roll call the Commission voted as
follows: Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor
Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes. Said motion passed with a 5 to 0 vote.
10_B. ORDINANCE NO. 08-15 (SECOND READING): Consider an
amendment to the Code of Ordinances of the City of Delray Beach, Florida, by amending
Chapter 71, "Parking Regulations'; amending Section 71.060, "Parking Meter Permits",
Subsection (E); allowing for prorating of the cost of Annual Parking Permits And Senior
Beach Permits after April 1 of each year.
The caption of Ordinance No. 08-15 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES OF
DELRAY BEACH, FLORIDA, BY AMENDING
CHAPTER 71, "PARKING REGULATIONS';
AMENDING SECTION 71.060, "PARKING METER
PERMITS", SUBSECTION (E); ALLOWING FOR
PRORATING OF THE COST OF ANNUAL PARKING
PERMITS AND SENIOR BEACH PERMITS AFTER
APRIL 1 OF EACH YEAR; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 08-15 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Glickstein declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 08-15,
the public hearing was closed.
Deputy Vice Mayor Jacquet commented about the prorated price of
$45.00 for a regular permit from October thru April. After brief discussion by the
Commission, it was noted that half-price is being purchased on off-season (beginning
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April 1st).
Ms. Jarjura moved to adopt Ordinance No. 08-15 on Second and FINAL
Reading, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as
follows: Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy
Vice Mayor Jacquet — Yes; Mr. Katz — Yes. Said motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A.A. RESOLUTION NO. 16-15/SISTER CITIES/HAITL• Approve
Resolution No. 16-15 regarding a Sister City in Haiti.
office.)
The caption of Resolution No. 16-15 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, EXTENDING
AN INVITATION TO THE CITY OF AQUINAS, HAITI
TO BECOME A SISTER CITY AND INVITING THE
PEOPLE OF AQUINAS, HAITI TO PARTICIPATE IN
SAID PROGRAM; PROVIDING A SAVING CLAUSE
AND AN EFFECTIVE DATE.
(The official copy of Resolution No. 16-15 is on file in the City Clerk's
Mr. Katz asked if there is a way to lessen the 90 -day timeframe.
Deputy Vice Mayor Jacquet stated if this Commission wants to establish
their relationship in Haiti, then the vote tonight needs to be in the affirmative and then
they will work it out.
Mr. Schmidt stated when he considered the work plan his initial thought
was sixty (60) days and from past experience he knows how slowly these things work
particularly when you are trying to communicate with another country or there may be
some language barriers. Mr. Schmidt stated thirty (30) days may be too soon.
Ms. Jarjura stated there were a lot of members from the Haitian
community that spoke at the March meeting in support of a Sister City with Aquinas.
Ms. Jarjura stated the resolution just says that the Commission is in support of this
exchange so she does not see whether the Commission passes the resolution now (before
the 90 -day work plan or after). Mr. Schmidt stated typically the resolution is done in
preparation of signing the agreement to make the relationship formal and all the due
diligence has been done before that. However, Mr. Schmidt stated he hopes that the
people that are going to step up and help are committed to it.
Mayor Glickstein stated he supports this resolution and asked that Mr.
Schmidt come back in July after ninety (90) days on whether or not the
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Community/committee interest that hopefully is there actually steps up.
Mr. Schmidt stated that in looking at the minutes from the October
meeting, in addition to Commissioner Jacquet there were only four (4) other people there;
if there are 8, 10, 12, or 100 people that interested that Commissioner Jacquet knows that
want to be potential committee members, Mr. Schmidt asked that their names and contact
information so that they can get a meeting with all those people who have expressed an
interest in serving on the committee. Mr. Schmidt stated the committee will need to
understand that whatever funding is going to be necessary for the program that it is going
to fall on them to raise the money and to look at the list to see who wants to help in the
different areas. Mr. Schmidt stated he feels that there will be a couple of meetings before
the actual working committee is in a position to select a Chair and move forward. In
addition, Mr. Schmidt stated he would like to open it up to anyone in the community not
just the Haitian community.
Mr. Katz moved to approve Resolution No. 16-15, seconded by Vice
Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein --
Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms.
Jarjura — Yes. Said motion passed with a 5 to 0 vote.
9.13.13. REVOCABLE LICENSE AGREEMENT FOR VETERANS
PARK/EXCURSION BOATS: Approve a Revocable License Agreement as to form;
provide authorization for the Director of Parks and Recreation to execute Revocable
License Agreements for `Excursion Boats" to operate a charter at Veterans Park located
at 802 N.E. l't Street.
Mayor Glickstein stated he asked staff how much revenue the City
receives from this and it was $3,600.00. He stated these boats occupy a prime piece of
real estate and ties up the bridge repeatedly while they turn and dock. Mayor Glickstein
inquired about why this does not go out for an RFP. Suzanne Davis, Director of Parks
and Recreation stated this is not Lady Atlantic; this is the one day permit for the boats
that come in that occasionally do wedding receptions, etc.
Mayor Glickstein inquired about the larger boats that dock (i.e. Lady
Atlantic). Alberta Gaum-Rickard stated the City currently has an agreement which
expires next year. Mayor Glickstein asked the City Manager to get the Commission
information as to what type of agreement (contract or RFP) and how it was entered into.
Ms. Jar ura moved to approve Item 9.13.13. (formerly Item 8.F.),
seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice
Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jar ura —
Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote.
9_A. CONSIDERATION OF AN APPEAL/SITE PLAN REVIEW AND
APPEARANCE BOARD'S (SPRAB) DECISION/ THE CARING
KITCHEN: Consider an appeal of a decision of the Site Plan Review and Appearance
Board's approval of the Class III site plan modification for The Caring Kitchen located at
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196 N.W. 8a` Avenue. (Quasi -Judicial Hearing)
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 swore in those individuals who wished to give
testimony on this item.
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Mr. Katz stated he met with the appellant and the Caring Kitchen. Ms.
Jarjura stated she spoke with Mr. Reggie Cox on the telephone and he sent her an email,
and she did a site visit herself. Vice Mayor Petrolia stated Mr. Reggie Cox called her but
she was not able to return the call; however, she did a site visit and spoke with April.
Mayor Glickstein stated he spoke with Mr. Reggie Cox. Deputy Vice Mayor Jacquet
stated he spoke to resident Dr. Deborah Wright.
Mark McDonnell, Assistant Planning Director, entered the Planning and
Zoning Department project file #2014-215.
Mr. McDonnell stated this item is an appeal by a citizen against the
January 28, 2015 SPRAB approval of an addition to an existing facility known as the
Caring Kitchen. The location of this property is at the S.W. corner of N.W. 8' Avenue
and Martin Luther King Boulevard; the address is 196 N.W. 8a' Avenue. Mr. McDonnell
stated the property is zoned CF (Community Facilities) and it is owned by the City of
Delray Beach and is leased to American Legion Post #188 and it is then subleased to
Christian Reaching Out to Society (C.R.O.S.) Ministries (applicant). Mr. McDonnell
stated the use is a community kitchen social service facility which is a permitted use in
the community facilities district. Mr. McDonnell stated the site plan modification request
is to allow the construction of a 165 square foot building addition and the existing
building measures 3,061 square feet. He stated there are two men's restrooms and two
women's restrooms and it will be converted to one men's room and it will introduce a
shower for the men and keep one of the women's restrooms and the other portion of that
will introduce a shower for women. There is a new storage area and a washer and dryer
is being added so that the volunteers can wash at the facility rather than washing at their
homes. He stated these new restrooms would only be accessed from the interior and they
would be made Americans with Disability Act (ADA) compliant. Mr. McDonnell stated
the minimum parking established by SPRAB at seventeen (17) spaces and the applicant
stated they only needed twelve (12) spaces and that was based on the number of
volunteers they indicated they had; however, the regulations should be based on the grade
shift and that would have been seventeen (17) spaces with nineteen (19) provided. He
stated SPRAB found that it met the parking requirement. Mr. McDonnell stated there
were some crime prevention through Environmental Design comments presented by the
Police Department and those comments were shared with SPRAB and included in their
record. In addition, Mr. McDonnell stated there was public testimony presented
including by tonight's appellant (appellant's letter included in the packet and staff
discussed with him by telephone yesterday). Mr. McDonnell stated the appellant's
primary concerns were that the parking data that was presented by the applicant was
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faulty and that the surrounding community wanted the opportunity to discuss the negative
impacts generated by the facility, and they wanted SPRAB to table the item. Mr.
McDonnell stated the Planning and Zoning Department staff recommends City
Commission discretion.
Gary Ehopoulos, GE Architecture, 205 George Bush Boulevard,
Delray Beach, FL 33483 (architect), congratulated the newly elected Commission and
welcomed the newest member Commissioner Katz. Mr. Eliopoulos stated what is being
proposed is to build bathrooms that are ADA compliant. He stated this will not have an
impact on the neighborhood and will not require more parking.
April Hazamy program Director of the Caring Kitchen, stated access
to the showers will only be from the inside of the building and will be regimentally
scheduled. Ms. Hazamy stated they sub -lease from the American Legion and they lease
from the City and any improvement on this property would not only benefit their clients
and the people of the community, but the city property as well.
As a matter of procedure, the City Attorney stated the appellant has not
asked for party status, had that occurred, the party who has party status may have as
much as ten (10) minutes to speak. Since that has not occurred the appellant would only
have three (3) minutes to speak; however, the City Commission rules do provide for
discretion should they choose to enlarge that period of time.
At this point, Deputy Vice Mayor Jacquet moved to allow the appellant to
speak for six (6) minutes, seconded by Mr. Katz. Upon roll call the Commission voted as
follows: Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor
Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote.
Reginald Cog, 715 N.W. 2°d Street, Delray Beach, FL 33444
(appellant), congratulated the newly elected Commission.
Secondly, Mr. Cox stated the Notice from the City to the neighborhood
association was received two (2) days prior to the meeting, the parking data which he
believes was flawed, the proposed changes do not comply with LDR Section 2.4.5(G)(5)
and the Future Land Use Map Designation (FLUM). Mr. Cox stated this was established
as a food pantry and tolerated by the neighborhood since 1997 (which they are not
against); however, the applicant mentioned that this proposal includes programs and
facilities. Mr. Cox stated the Police Department has indicated that the addition of a
shower and laundry to a kitchen facility will increase medical and theft calls, and
disturbances to the neighborhood. In addition, Mr. Cox stated the proposal has a negative
impact on the adjacent neighborhoods and an addition would only jeopardize the stability
of the neighborhood. Mr. Cox stated the Northwest Neighborhood at -large requests that
this project be denied and encourage the applicant to find an alternative location for
expansion.
Dr. Deborah Wright, 815 N.W. 2"' Street, Delray Beach, FL 33444
(directly in front of the Caring Kitchen), stated there are other places that the city can
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find for this place to operate (i.e. Crossroads). Dr. Wright expressed concern over the
increased crime in her neighborhood since the Caring Kitchen has been there. She
suggested that the facility be relocated (possibly by the Police Department) so that it can
be monitored better.
Pame Williams, President of the Paradise Heights Homeowners'
Association, read a brief statement into the record and urged the Commission to deny the
addition and consider relocating the facility. Ms. Williams suggested that the Caring
Kitchen be moved to Congress and Lake Ida Road (Northwest corner). She stated there
was a meeting where they discussed that there will be different services offered at the
facility (i.e. application for food stamps and bill assistance) and this is bringing in more
traffic which was previously done at one time at the Neighborhood Resource Center. Ms.
Williams stated the facility is for a great cause; however, it is the impact the facility is
having on those surrounding neighbors.
Charles Ridley, 210 N.W. 2nd Avenue, Delray Beach, FL 33444, stated
this is not an issue of an expanded use, but is an issue of co -existing in a neighborhood.
Mr. Ridley stated they wanted to see a comprehensive discussion between the residents
and the leadership of the Caring Kitchen that got by-passed by process. In his opinion,
Mr. Ridley stated when the residents showed up at the SPRAB meeting, he feels this
should have indicated a red flag to leadership. He stated everyone has to figure out how
to co -exist or has the operation of the Caring Kitchen outgrown but can be
accommodated on that site.
Willie James McCray,129 N.W. 14th Avenue, Delray Beach, FL 33444
(graduate of Carver High School), congratulated the newly elected Commissioners.
Secondly, he stated the Caring Kitchen is a necessity and he urged the
Commission to go to the Caring Kitchen and see what is really happening and see how
people like himself are benefitting from the Caring Kitchen.
Anthony Bacchus, 340 S.W. 6th Avenue, Delray Beach, FL 33444
(works in Delray Beach), stated this is an opportunity to help those people who utilize
the Caring Kitchen to grow and do things right. Mr. Bacchus stated he concurs that there
is a parking problem, but he urged everyone to work together to rectify any problems in
the surrounding area, and help those people so that they can co -exist.
Michael Harrison, resident of Delray Beach for 58 years, stated he
agrees that parking is a problem and he feels that everyone needs to work together to get
things worked out.
Evelyn Dobson, 130 N.W. 3rd Avenue, Delray Beach, FL 33444,
(works next to the Neighborhood Resource Center where a large portion of C.R.O.S.
Ministries comes from that building), stated the facility has outgrown itself and they
can do more than what is provided if they had the space to do it.
Theresa Facciuto, 7290 Kinghurst Drive, Apr. #504, Delray Beach, FL
33446 (volunteer at the Caring Kitchen), stated the renovation of these bathrooms is
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something that the community has failed to speak up about. In her opinion, Ms. Facciuto
stated some of the issues should have been addressed when there was a small incident or
as the situation grew. She stated this is a dwelling and they are making the same request
as any other establishment. Ms. Facciuto stated that the Caring Kitchen is a lifeline for
many individuals.
Jim Margolis, 129 Euclid Boulevard, Lantana, FL 33462, lives in
Lantana and Bronx (volunteer at the Caring Kitchen), stated he volunteers 2-3
mornings a week from 9:00 a.m. until 1:00 p.m. In his opinion, Mr. Margolis stated the
bathrooms will enhance the property for the city and enhance the situation for the people
who do need to use it.
Ruth Mageria, Executive Director of C.R.O.S. (Christians Reaching
Out to Ministries), stated the Caring Kitchen is a hot meal program and they have grown
in services. Ms. Mageria stated because the need is great and they are open to discussing
with the community in how they can move forward.
There being no one else from the public who wished to give testimony on
this item, the public comment was closed.
There was no cross-examination.
Staff gave the following rebuttal:
Mr. McDonnell stated staff is required to send out courtesy notices when
the Agenda is posted; staff sent these notices out on January 22, 2015 and the meeting
was on January 28, 2015. Mr. McDonnell stated there were three (3) additional
neighborhoods further west and those notices went out the next day on January 23, 2015.
He stated with respect to the parking, it was suggested that they freshen up the stripes.
Mr. McDonnell stated with respect to LDR Section 2.4.5(G), that was an assertion that
this Class III was a significant change from the original plan; he stated one fixture is
being removed and putting in a shower in both the men's and ladies room so staff did not
believe that was a significant change in the use of the property. Mr. McDonnell stated
there is a need for this facility has increased; the Crime Prevention Through
Environmental Design (CPTED) the concerns from the Police Department were shared
and SPRAB did add that condition of approval with regard to the CCTV (camera security
device); staff suggested that more trash receptacles be placed on the property to help
alleviate some of the trash that people are finding in their flcus hedges; Pete Anuar,
Senior Landscape Planner would be doing the design but this would have to go to the
CRA for approval.
Gary Eliopoulos stated there is a clear distinction between what they are
proposing and what the issues are.
Ms. Jarjura stated she wants to make sure the city is in compliance with
the lease and the provision, and briefly reviewed the lease terms. She also commented
about the responsibilities of the lessor and the lessee. Ms. Jarjura stated she is
uncomfortable with voting on a modification when she does not know if it is contrary to a
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recorded lease and whether or not the city has been enforcing that lease. Ms. Jarjura
stated she wants to make sure that they are being respectful of all people's property rights
and complying with all laws and regulations before she votes on this.
The City Attorney stated he will have to evaluate this with respect to the
lease and noted that on December 9, 2014, the City Commission authorized C.R.O.S.
Ministries to pursue the site plan modification application; the City Attorney stated the
City Commission authorized that solely in as a fee owner not in their regulatory capacity.
Vice Mayor Petrolia stated she wholeheartedly agrees with comments
expressed by Ms. Jarjura. She noted that there is an absolute need for this community
and stated it is not just about the people that are being served at the Caring Kitchen, but
they are taking hundreds of meals to people across the city that do not have the access of
either coming to the facility or eating. Vice Mayor Petrolia expressed concern over
making a decision tonight because there are too many questions left unanswered.
Deputy Vice Mayor Jacquet stated everyone understands the need for the
service the Caring Kitchen provides in the community, but the stakeholders also care
about the safety of their neighborhood. Deputy Vice Mayor Jacquet suggested that the
City look at other options for relocating the Caring Kitchen and urged the stakeholders
and the Caring Kitchen to work together because they are both integral parts of the
community.
Mr. Katz suggested that everyone make an investment with the
stakeholders, community, and the non -profits. Ms. Hazamy stated the facility would
need to be in walking distance because the bulls of their clients walk.
Mayor Glickstein stated the use is not actually something that this
Commission is looking at tonight, but what they are looking at is whether or not the Site
Plan Review and Appearance Board decision which was appealed whether the
Commission is going to affirm it, repeal it, or table it for further consideration. Mayor
Glickstein stated he is not in favor of this and feels there has been a miscommunication
with respect to the showers.
Vice Mayor Petrolia stated if there are no showers and the two (2)
bathrooms are going to be updated to ADA standards with the intent that the Commission
will be looking at alternatives as well. Ms. Hamazy stated that they would have to speak
to the people who gave them the grant.
Deputy Vice Mayor Jacquet moved to approve to continue this item to a
date certain of April 21, 2015, seconded by Mr. Katz. Upon roll call the Commission
voted as follows: Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice
Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes. Said motion passed with a 5 to
0 vote.
9_B. CONDITIONAL USE EXTENSION REQUEST/DELRAY
MEDICAL CENTER: Consider approval of a conditional use extension request to
allow an eighteen (18) month extension until October 10, 2016 for the project associated
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with Delray Medical Center located at 5270 Linton Boulevard. (Quasi -Judicial Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Ms. Jarjura, Vice Mayor Petrolia, and Deputy Vice Mayor Jacquet
stated they had no ex parte communications to disclose. Mayor Glickstein stated he
received an email today from the CEO of the hospital explaining the reason for the
conditional use extension.
Mark McDonnell, Assistant Planning and Zoning Director, entered the
Planning and Zoning Department project file 92013-075 into the record.
Mr. McDonnell recognized Scott Pape, Principal Planner in the Planning
and Zoning Department who is the Project Manager for this item and is present for any
questions.
Mr. McDonnell stated this is a conditional use extension request for the
Delray Medical Center and on March 19, 2013 the City Commission approved a
conditional use to increase the height for a proposal at the Delray Medical Center from
forty-eight (48') feet to fifty-eight (581) feet that was proposed. On April 10, 2013, the
Site Plan Review and Appearance Board (SPRAB) approved the corresponding site plan.
Since that time, the applicant in their justification statement say that they have been
studying way -finding, wellness, stress -free environments through their design and while
doing that they decided to make a design adjustment to their originally approved plan.
Mr. McDonnell stated the applicant still had approval for the conditional use for the
height; however, they redesigned the one wing for the bed tower into two (2) wings. He
stated they made application for that on September 9, 2014, went to SPRAB on January
28, 2015, and because they had the recent modification approved, they would not be able
to begin construction and have 25%. McDonnell explained that the conditional use
recently expired because the Commission meetings were moved (no fault of the
applicant). Mr. McDonnell stated there are thirty-seven (37) conditions listed in the staff
report; however, only two (2) need to be applied to this conditional use. Mr. McDonnell
stated when the City Commission approved the conditional use in 2013 there were only
three (3) conditions: (1) site plan that City Commission saw that would go forward to
SPRAB, (2) a community (Country Lake) to the south who expressed concern over a lack
of a buffer and the City Commission made sure that the southern buffer be enhanced, and
(3) that they look at Florida Green Building or LEED Certification status for the building
addition. Mr. McDonnell stated the first condition has been met; the other two conditions
are #28 and #36. Staff recommends that the City Commission extend this approval with
only condition #28, That a minimum of two additional techniques are included in the
project design that address sustainability issues and consider achieving third -party green
building or LEED certification, and condition #36, That the Ficus hedge be replaced with
a new hedge species along the south side of the property, and the buffer be enhanced with
additional trees to address the City Commission condition of approval.
Colleen Walter, Urban Desien Kilday Studios, speaking on behalf of
Delray Medical Center, stated they believe that the redesign is much more practical and
aesthetically pleasing for the hospital and SPRAB indicated the same when they
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reapproved it in January. Ms. Walter urged the City Commission to support the eighteen
(18) month extension so that the hospital can move forward and complete the project.
There being no one from the public who wished to give testimony in
support or in opposition of the conditional use extension request, the public comment was
closed.
There was no rebuttal or cross-examination.
Mayor Glickstein stated Delray Medical Center is the largest employer in
the city and they do a great job. In addition, Mayor Glickstein stated the changes are
positive as was described both for them and the city.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Katz moved to adopt the Board Order, seconded by Ms. Jarjura.
Upon roll call the Commission voted as follows: Ms. Jarjura — Yes; Mayor Glickstein —
Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes.
Said motion passed with a 5 to 0 vote.
9_C. SIDEWALK DEFERRAL/21 GROVE WAY: Consider a request from
the property owner of 21 Grove Way for a sidewalk deferral and require the installation
of a sidewalk in accordance with the approved permit. (Quasi -Judicial Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Victor Majtenyi, Deputy Director of Public Utilities, stated this is a
sidewalk deferral for 21 Grove Way. Mr. Majtenyi stated the sidewalk is part of a
building permit for a residence on 21 Grove Way and the subject property came in for
permit in 2014; subsequent to that in September 2014 the Commission had a Workshop
meeting to discuss the sidewalk deferral program and at that time the Commission
decided that the option would be the in -lieu fee for deferrals. Mr. Majtenyi stated
subsequent to that in January of this year, the applicant submitted a deferral request and it
was determined by the Development Services Management Group (DSMG) meeting that
the sidewalk should be installed. He stated there are sidewalks in the area on Grove Way
and NW 12th Street, and on the north side wrapping around; on the south side of 12th
Street. Staff feels that the sidewalk connection in front of the subject property would be
important to make connectivity out to Swinton Avenue and therefore staff supports that
the sidewalk be installed and noted the applicant is not in favor of the in -lieu fee.
Angelo Bianco, 919 Seasaee Drive, Delray Beach, FL 33483, stated in
his opinion there was a little confusion with the process and clarified that he is requesting
that the Commission consider a sidewalk deferral.
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Mayor Glickstein asked if there is anyone from the public who would like
to speak in favor or in opposition of the sidewalk deferral.
Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL
33483, asked that when the entire street already has deferrals then get them all together
and have all the sidewalks put in at once.
There being no one else from the public who wished to give testimony on
this item, the public comment was closed.
There was no cross-examination or rebuttal.
Ms. Jarjura stated she recalls that the Commission already said that if they
were in for building permit prior to the change and Commission direction in September
that they were going to be allowing them to go in. The City Attorney stated the City
Commission evidenced that by payment for the application for the deferral.
Mayor Glickstein asked if the building permit was submitted and the
application fee paid prior to that date. Victor Majtenyi, Deputy Director of Public
Utilities, stated the applicant submitted an application for a sidewalk deferral on January
15, 2015; the building permit was submitted in March 2014.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Vice Mayor Petrolia moved to adopt the Board Order, seconded by Ms.
Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice
Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura —
Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 10:24 p.m., Mayor Glickstein left the dais and
passed the gavel to Vice Mayor Petrolia.
9.D. SERVICE AUTHORIZATION NO. 12-16/ MATHEWS
PHASE _. Consider approval of Service Authorization No. 12-16 with Mathews
Consulting, Inc. in the amount of $89,925.00 for professional design services (RFQ
#2012-06) related to the Tropic Palms Water Main Project No. 15-022. This is in
compliance with Chapter 36 Section 36.02(C)(3), "Professional Services" and Section
36.03(B), "Multiple acquisitions from Vendor Exceeding $25,000.00 in any Fiscal Year".
Funding is available from account #442-5178-536-68.97 (Water and Sewer Renewal
Replacement Fund: Renewal and Replacement Project/Physical
Environment/Improvements Other/ Tropic Palms Water Main).
Victor Majtenyi, Deputy Director of Public Utilities, stated this is a
service authorization to Matthews Consulting, Inc. in the amount of $89,925.00 to
upgrade and replace the City's two inch water mains to eight inch water mains. Mr.
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Majtenyi stated this is for design services to install approximately 5,000 linear feet of
water main and this is in the original scope of services of the original RFQ that was
approved under the design services for this group of consultants. He stated the consulting
services agreement was approved in 2012 and renews in 2014. Mr. Majtenyi stated
Amendment No. 2 was executed in January 2015 extending the agreement through
January 2016; he stated there is a two-year original term and then they have three one-
year terms after that for a total of five (5) years.
For the record, Ms. Jarjura confirmed that this is within the original RFQ
and the scope of services (also for Item 9.E.).
Mr. Katz moved to approve Service Authorization No. 12-16 in the
amount of $89,925.00, seconded by Ms. Jarjura. Upon roll call the Commission voted as
follows: Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes;
Ms. Jarjura — Yes. Said motion passed with a 4 to 0 vote.
9.E. SERVICE AUTHORIZATION NO. 12-06/ WANTMAN GROUP
INC./PHASE 2 N.E. 2ND AVENUE/SEACREST BEAUTIFICATION
PROJECT: Consider approval of Service Authorization (S.A. No. 12-06) with Wantman
Group, Inc. for the design of N.E. 2"d Avenue and Seacrest Beautification Project (P/N
14-071) Phase 2, in the amount of $106,607.88. Funding is available from account 334-
3162-541-68.78 (General Construction Fund: Public Works/Streets, Alleys, Sidewalks/
Other Improvements/ N.E. 2"d Avenue/ Seacrest Beautification).
At this point, Mayor Glickstein returned to the dais and resumed the gavel.
Victor Majtenyi, Deputy Director of Public Utilities, stated this is a
consulting agreement in the amount of $106,607.88 with Wantman Group, Inc. for the
beautification of N.E. 2"d Avenue from George Bush Boulevard to N.W. 13th Street. The
improvements will include five foot (5') sidewalks, bike lanes, travel lane reduction to
ten (10') feet, irrigation, and landscaping. Mr. Majtenyi stated this is within the services
and scope of the design consultants and the original RFQ issued in 2012 that has been
renewed subsequent to that.
Mr. Katz moved to approve Service Authorization (SA) #12-06 with
Wantman Group, Inc. for the design of N.E. 2"d Avenue/Seacrest Phase 2, seconded by
Ms. Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor
Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor
Petrolia — Yes. Said motion passed with a 5 to 0 vote.
9.F. AMENDMENT NO. 1 TO LOAN PURCHASE AGREEMENT
WITH IBERIABANK/AUBURN TRACE APARTMENTS: Consider approval of
amendment No. 1 with Iberiabank for a further price reduction to the City's purchase
price of the Mortgage Note for the Auburn Trace Apartments; and extend the closing date
until May 29, 2015.
The City Attorney stated this is Amendment No. 1 to the Loan Purchase
Agreement and the purpose of this amendment is to further reduce the purchase price of
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the Mortgage Note to the City of Delray Beach by an additional $64,000.00 and it also
provides for a time extension until May 15, 2015 for Iberiabank to get FDIC approval of
the Loan Purchase and extend the closing date until May 29, 2015.
Vice Mayor Petrolia inquired about the extension and asked if Iberiabank
needs this extension. The City Attorney stated the City has negotiated a below market
value for the purchase of the Mortgage Note and that requires FDIC approval and
normally it is routine, but because the City is paying less than market value, they asked
for a little extra time to get that through the process.
Vice Mayor Petrolia moved to approve Amendment No. 1 to Loan
Purchase Agreement with Iberiabank which provides for a further price reduction to the
City's purchase price of the Mortgage Note (which requires Iberiabank to obtain FDIC
approval) and extends the closing date until May 29, 2015, seconded by Mr. Katz. Upon
roll call the Commission voted as follows: Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor
Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes. Said
motion passed with a 5 to 0 vote.
9_G. APPROVAL OF FY 2014/2015 SPENDING IN EXCESS OF
$25,000.00/ ALLEN, NORTON & BLUE FOR FEES/ SPECIAL LABOR
COUNSEL: Consider approval of spending in excess of $25,000.00 for special counsel
labor services to Allen, Norton & Blue for fiscal year 2014/2015. This recommendation
is in compliance with Code of Ordinances Chapter 36, Section 36.03(B), and "Multiple
Acquisitions from Vendor Exceeding Twenty -Five Thousand Dollars ($25,000.00) in
Any Fiscal Year".
The City Attorney stated this firm currently serves as the City's general
labor counsel services and the City of Delray Beach has used them for labor negotiations
with Police, Police Sergeants, Police Lieutenants, firefighters, and some general labor
questions. The City Attorney recommends that the City use this firm to get through this
cycle and once the City has successfully has collective bargaining agreements with each
of these units, later this year he will prepare an RFP and test the marketplace and see
what availability of labor counsel may be; however, to get through that cycle he is going
to exceed the $25,000 thus the reason for this request.
For the record, Ms. Jarjum confirmed with the City Attorney that he will
consider issuing an RFP for general labor counsel services afterwards and that he will be
monitoring the invoices of this law firm since she has had issues with their invoices on
other items in the past.
Mr. Katz stated he feels this gives the law firm an incentive to move the
process along faster knowing that the City is going to spend the $30,000.00 either way,
but they do it by dragging out these negotiations with the firefighters, police, and
employees to bill. The City Attorney stated he has a preference for a fixed fee where it is
appropriate, but he does not feel that is the case here. The City Attorney stated there are
so many players with respect to concluding the successful negotiation of collective
bargaining agreements he does not feel the blame should fall on labor counsel. The City
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Attorney stated it is his job to manage special counsel and if he ever suspects that
someone is providing legal services because they are trying to get the full budgeted
amount or to do more work the Commission needs to criticize them and him for failing to
manage them. The City Attorney stated the City switched the principal lawyer with
respect to labor counsel and to his credit he has been responsive and always makes
himself available. Mr. Katz urged the City Attorney to do this in a timely manner and
manage this closer than the last negotiation was managed.
Vice Mayor Petrolia expressed concern that we are still with this firm after
what they cost this city in the past.
The City Attorney gave the Commission a brief update and stated last
week after three negotiating sessions, the City concluded negotiations with the Police
Lieutenants and they have ratified. The City Attorney stated he anticipates that the
collective bargaining agreement will be before the Commission the last meeting in April.
The City Attorney stated the City has had several meetings with the firefighters and they
are not as far along as he expected they might be because, notwithstanding the agreement
the City made with the police, they have counter proposed a very different scenario for
wage and pension. The City Attorney stated if he needs guidance or direction he will
come back to the Commission. With respect to counsel, the City Attorney stated there is
one more labor agreement (SEIU) but that meeting was cancelled and noted that the he is
not using labor counsel for the SEIU labor agreement because it will be done in-house
(City Attorney Noel Pfeffer and Assistant City Attorney Michael Dutko).
Ms. Jarjura moved to approve Item 9.G., seconded by Mr. Katz. Upon
roll call the Commission voted as follows: Ms. Jarjura — Yes; Mayor Glickstein — Yes;
Vice Mayor Petrolia — No; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes. Said
motion passed with a 4 to 1 vote, Vice Mayor Petrolia dissenting.
9.11. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
9.I. REIMBURSEMENT AGREEMENT/IHC SEAGATE HAMLET,
LLC: HAMLET SEAGATE SUBDIVISION: Consider approval to reimburse HHC
Seagate Hamlet, LLC for fifty percent (50%) of the actual cost in an amount not to
exceed $110,000.00 for engineering services and construction cost associated with
rebuilding the road and canal, as well as, repairing the culvert and associated drainage
associated with the property located at 3600 Hamlet Drive.
Victor Majtenyi, Deputy Director of Public Utilities, stated this is a
reimbursement agreement with the reimbursement costs of 50% for the total engineering
and construction costs associated with the project (not to exceed $110,000.00). Mr.
Majtenyi stated out West on Forest Road off Lowson Boulevard, into The Hamlet their
second entrance which is actually their entrance to their maintenance areas. He stated on
January 9, 2014, there were over 12 inches of rain in a very short period of time and the
washout created many issues. Mr. Majtenyi stated the run-off from the city streets
impacted the road crossing and it was determined by staff and the developer reviewing
the estimated costs to rebuild the roadway and canal, repairs to the culvert, and
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installation of drainage pipe and structures. Mr. Majtenyi stated there is a reclaimed
crossing and a water service there so staff believes that there is a public purpose benefit
in what this request is for. For clarification, Mr. Majtenyi stated the actual costs came in
about $164,000.00 so the applicant will only pay actual costs of approximately
$82,000.00.
Vice Mayor Petrolia asked if the City had to do this themselves, would
HHC Seagate Hamlet, LLC have been paying 50% of it. Mr. Majtenyi stated the City
would probably have had some kind of cost sharing because they own the road, but the
City has the utilities in that roadway and drainage structures.
Vice Mayor Petrolia moved to approve the reimbursement to HHC
Seagate Hamlet, LLC for fifty percent (50%) of the actual costs for engineering services
and construction costs associated with the project not to exceed $110,000.00 per the
Developer Reimbursement Agreement; however, the actual costs came in at $164,810.00
with the City's share being approximately $82,405.00 (50% of the actual costs) and HHC
Seagate Hamlet, LLC share being approximately $82,405.00 (50% of the actual costs),
seconded by Mr. Katz. Upon roll call the Commission voted as follows: Mayor
Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr.
Katz —Yes; Ms. Jarjura— Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission move to Item 11, First Readings.
11. FIRST READINGS:
11A. ORDINANCE NO. 10-15 (FIRST READING): Consider an
amendment to Chapter 33, "Police and Fire Rescue Departments", Section 33.60,
"Definitions"; Section 33.62, `Benefit Amount and Eligibility", and Section 33.689,
"Retirement Benefit Enhancement"; to conform the Code to the terms of the new
Collective Bargaining Agreement. If passed, a public hearing will be held tentatively
on April 21, 2015.
The caption of Ordinance No. 10-15 is as follows:
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING CHAPTER 33 "POLICE
AND FIRE -RESCUE DEPARTMENTS" AT TITLE 3
"PENSIONS," BY AMENDING SECTION 33.60,
DEFINITIONS; AMENDING SECTION 33.62, BENEFIT
AMOUNTS AND ELIGIBILITY; AMENDING SECTION
33.689, RETIREMENT BENEFIT ENHANCEMENT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR
AN EFFECTIVE DATE.
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(The official copy of Ordinance No. 10-15 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated this is the
first phase of the terms and condition of the recently approved Collective Bargaining
Agreement (CBA) with the Police and Sergeants. The City Attorney stated he has had
this ordinance available for a few weeks and he was delaying it because he was hopeful
that he could move this forward in more comprehensive fashion as a result of successful
negotiations with the firefighters because not only could he make the appropriate changes
to the wage and pension ordinance, he could also include changes that would reconstitute
the Police and Fire Pension Board. The City Attorney stated it is important to implement
those wage and pension issues in the Collective Bargaining Agreement as soon as
possible. The City Attorney stated this ordinance implements all of the terms except for
the withdrawal from 185; if for some reason either at Impasse or there is a great delay
with respect to the firefighters, it is possible to pull out the Police piece (this piece is very
complicated because of some State laws) and, if it is necessary, staff will do that.
However, the City Attorney stated he would like to wait another month or two to see if
there is any progress.
Vice Mayor Petrolia stated she had asked the City Attorney if in fact there
was anything other than the City Commission that would require any kind of approval in
order to be able to withdraw from the 175/185. The City Attorney stated under State
Statute there is no impediment; however, by ordinance, we specifically have terms with
respect to the benefits under 185/175 and it is subject to collective bargaining. The City
Attorney reiterated that it is not a State Statute restriction, but the City is restricted
because we previously enacted an ordinance with respect to 175 and that is the
impediment. The City Attorney stated by ordinance the City has stated that they will get
benefits under 175. The City Attorney stated if the City provided those benefits by
ordinance, the City needs to: (1) amend that ordinance, (2) because the City has given
that benefit, it then becomes a bargainable issue, and the City Attorney needs to deal with
it as part of the Collective Bargaining Agreement (CBA) process.
Mr. Katz stated the 1% COLA was mentioned in Tier 2 and Tier 3 but not
in Tier 4. For clarification, the City Attorney stated every tier gets the 1 % COLA.
Vice Mayor Petrolia moved to approve Ordinance No. 10-15 on FIRST
Reading, seconded by Ms. Jarjura. Upon roll call the Commission voted as follows:
Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms.
Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote.
12. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS.
A. City Manager
1. Termination of Contract with Oceanside Beach Services, Inc.
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At this point, Ms. Jarjura declared a conflict of interest and recused herself
from the dais; the firm that she joined in October one of her law partners has a
longstanding representation of a competing beach equipment vendor and she cannot
participate in this discussion or vote on any item.
The City Manager stated he is seeking direction from the City
Commission concerning this contract as he does not have the authority to terminate the
contract; however, he has provided a notice of breach to the contractor based upon two
(2) observations by the City staff concerning performance failures (i.e. rates and fees, and
the failure to rake or to clean debris twice a day based upon observation by city staff).
The City Manager stated there has been a delay in his response and Mr. Novatka and he
has assured him he will comply with the requirements of the contract and there has been
an improvement in performance since this was originally sent out; however, there was a
delay in the response to the City. The City Manager stated if there is decision to
terminate the contract it will have to be scheduled as a regular agenda item. The City
Manager stated since it is at the end of season and it is going to take some time to re -bid
this contract, that Oceanside Beach Services, Inc. be allowed one more chance and if they
do not comply that subject to the City Attorney's opinion that that City Commission can
begin to take action based upon a 30 -day notice provision.
Mr. Katz stated yesterday he received a book of emails telling him how
great Oceanside Beach Services, Inc. is; however, it should not take the City Manager
placing and an Agenda item on the Agenda to get a response from a vendor. Mr. Katz
stated when the City Manager informs any vendor that he wants to meet with them and
wants them to live up to their contract the City expects this type of action right away.
Mr. Katz stated had the City Manager's first request to comply been met the Commission
would not be speaking about this. Mr. Katz stated he supports giving the vendor one
more chance knowing that the City Manager has full authority that the second he feels
that any vendor is not meeting their obligation of the contract that he will take some
action. Mr. Katz suggested that an apology from Oceanside Beach Services, Inc. (or
whichever vendor) to their customers for asking them to come speak on something that
they should never had to do is in order and an apology to the City Manager for not
responding right away.
Vice Mayor Petrolia stated she has a problem giving the vendor another
chance because she feels they should have taken the opportunity then. Vice Mayor
Petrolia stated this is not about whether they are providing great beach service for the
people, but they are not living up to the contract. Vice Mayor Petrolia asked if the City
has anyone (i.e. another vendor) lined up to take over. The City Manager stated the City
would have to re -bid the project and to his knowledge the City does not have a second
vendor to step in. Vice Mayor Petrolia stated the timing is good now for the City to start
looking to have another vendor in line because of the vendor's history has been an issue
from the very beginning.
Mr. Katz concurs with comments Vice Mayor Petrolia that there should be
vendors lined up ready to go because the City is giving them the last notice. Mr. Katz
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stated any vendor in that situation could pack up overnight and the City needs to be
prepared.
Deputy Vice Mayor Jacquet concurs with the City Manager's
recommendation that of some people have concerns with the particular vendor or the way
things are going then it is okay for the City to look at what can be done in the future but
at the same time to do it abruptly is not wise.
Mayor Glickstein stated under the City Manager's scenario he would have
City Commission direction that he would not have to bring this back to the Commission
but just unilaterally terminate the contract. The City Manager stated that is alternative
and defers to the City Attorney. Mayor Glickstein stated he understands that there are
many satisfied customers and it is an important issue. However, Mayor Glickstein stated
the City Commission was very clear that it was a service initiative and a revenue
initiative. Mayor Glickstein stated it appears that we have satisfied the service but the
City has a vendor who has demonstrated that he is going to be very cavalier about the
contractual requirements. Mayor Glickstein stated according to the City Manager's
memorandum dated February 17, 2015 a letter was sent to Michael Novatka of Oceanside
Beach Services, Inc. indicating that they were in breach of contract and needed to provide
the City within fourteen (14) days a plan of compliance which is a lenient standard which
Oceanside failed to meet and were unresponsive to the City Manager. Mayor Glickstein
stated given that it is season now, his recommendation is if there is a monetary or non -
monetary breach that service is terminated and the City Commission has the ability to
replace them pre -RFP with another provider on an emergency basis if needed. Mayor
Glickstein requested that the inspection of that service not coming indirectly from a
private citizen but that it come from the City. Mayor Glickstein Oceanside is blaming the
City Commission and City administration for asking him to comply
with his contract.
Michael Weiner, Attorney with Weiner, Lynne & Thompson, P.A., 10
S.E. 1st Avenue, Delray Beach, FL 33444, speaking on behalf of Oceanside Beach
Services, Inc., stated he made a telephone call to the City Manager within the fourteen
(14) day period; the actual notice to the City to place this on the Agenda occurred before
the end of the fourteen (14) day period.
The City Attorney stated the discussion of performance issues is relevant
and this contract has termination for breach upon twenty (20) days' notice and the
termination for convenience at the sole discretion of the City Commission upon thirty
(30) days' notice. The City Attorney recommended that pursuant to the termination for
convenience because this is a non -agenda item and no action or direction can be taken
and should the City Commission elect to terminate the agreement for any reason, it would
need to come back to the City Commission as a regular Agenda item and with some
follow-up to some of the other vendors that could just step in within a thirty (30) day
period of time and take over. The City Attorney stated the City Commission would
waiver the Code and put a vendor in for some increment time such as putting out an RFP.
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12.B. City Attorney
None.
12.C. ON Commission
12.C.1. Commissioner Katz
Mr. Katz stated he would like the City Manager to look into potential
annexation of small pockets of land east of Military Trail. Mr. Katz stated one particular
pocket that the city could start with where homeowners have approached him who would
like to be part of the city because this could be potential revenue for the city.
Secondly, Mr. Katz stated he would like to see a discussion about All
Aboard Florida soon.
Mr. Katz suggested that every meeting which takes place in the City
Commission Chambers be video streamed so that anyone at home can watch those
meetings and understand the process. The City Manager stated staff is already looking
into this.
Mr. Katz stated when he served on the Education Board he worked a lot
with Janet Meeks, Education Liaison and the 3rd Grade Reading Campaign. He stated
next year Delray Beach is close to becoming a third time All -America City. Mr. Katz
stated if the Commission wishes to pursue to make sure Ms. Meeks receives the support
that she needs in order to go through this application process.
With respect to a dog beach, Mr. Katz stated when the Commission
discussed this the last time they wanted to see what Boca Raton was going to do with
their plan and trial period and it is his understanding is their trial is working very well.
Mr. Katz suggested that Delray Beach look at Boca's Plan and find an area on our beach
and potentially have a legal place to come.
Mr. Katz stated in the last two weeks in looking at some communities
residents have requested him to look at where if you saw these situations going on in a
community and they are not being cited. He expressed concern that neighborhoods are
being treated differently based on their income bracket. Mr. Katz stated Code
Enforcement should provide equal protection citywide.
12.C.2. Ms. Jariura
None.
12.C.3. Vice Mayor Petrolia
Vice Mayor Petrolia stated she is glad Mr. Katz is here.
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12.C.4. Deputy Vice Mayor Jacquet
Deputy Vice Mayor Jacquet stated approximately a year ago the
Commission discussed having a few of the City Commission Workshop meetings
somewhere in the community. He stated it is important and feels the Commission
should find a way to meet west of I-95 for one City Commission meeting and invite all
the neighborhoods. Deputy Vice Mayor Jacquet urged staff to look into this.
12.C.5. Mayor Glickstein
Mayor Glickstein stated with regard to bus indentation turnoff and urged
staff to look now before laying the asphalt. He asked the City Manager to have
Engineering go through the design again to see if there are any other areas that buses do
not have a pull out area that are problematic.
Secondly, Mayor Glickstein stated he would like to see a Congress
Avenue Task Force and asked former Mayor Jeff Perlman who was involved in the
legislation/ordinances that created the Overlay District for Congress Avenue to convene
a task force and get that started. Mayor Glickstein suggested that the City get the
commercial property owners on Congress Avenue and the County involved.
Mayor Glickstein stated he understands that staff has certain policies when
certain MOT Plans will come before the Commission based on duration and directed the
City Manager to encourage staff to view these applications in context with what other
improvements that are going on. For example, he specifically commented about the lane
closure on westbound Atlantic Avenue converging on the construction at Atlantic
Avenue and US -1. Mayor Glickstein stated it is not just where it is but when it is
happening and what else is happening.
Mayor Glickstein stated the George Bush Bridge used to open at opposite
quarter hours from the Atlantic Avenue Bridge so that people could time where they
were, either going East or West. He stated when the George Bush Bridge went under
construction a few years ago, that policy stopped. Mayor Glickstein gave direction to
the City Manager to get that back in place.
With regard to the All Aboard Florida issue, Mayor Glickstein stated to
his knowledge no City or County south of Martin County has passed any resolution
against All Aboard Florida with the exception of Fort Lauderdale that passed a
somewhat muted resolution dealing with the marine industry in terms of bridge openings
and closings. Mayor Glickstein stated there is no city more impacted by All Aboard
Florida than Delray Beach and noted there are twelve (12) crossings. He stated he has
not received any clarity as to what they are doing at all of those crossings relative to
quiet zones. Mayor Glickstein stated if the City were getting some assurance that we
would be getting commuter rail service on that double track and suggested that staff start
a conversation about getting something for the City as opposed to just quiet zones in
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some locations which they are doing throughout Palm Beach, Dade, and Broward
County. The City Manager stated staff will put together a report.
Mayor Glickstein inquired about the schedule for the Comprehensive Plan
for parking. The City Manager stated the Comprehensive Plan on parking is schedule
for May.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 11:19 p.m.
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 March 31, 2015, which Minutes were formally approved and adopted by the City
Commission on March 15, 2016.
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
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IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
REQUEST FOR EXTENSION OF MARCH 19, 2013 CITY COMMISSION
CONDITIONAL USE APPROVAL TO ALLOW AN INCREASE IN HEIGHT FOR A
HOSPITAL WING AT DELRAY MEDICAL CENTER
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This request for extension of the March 19, 2013 City Commission
conditional use approval to allow an increase in height from 48 feet to 58 feet for a
hospital wing at Delray Medical Center has come before the City Commission on March
31. 2015,
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the request for an extension of the
conditional use approval to allow an increase in height from 48 feet to 58 feet for a
hospital wing at Delray Medical Center. All of the evidence is a part of the record in this
case. Required findings are made in accordance with Subsection I.
L LDR REQUIREMENTS:
Pursuant to LDR Section 2.4.4(F) , Extensions, extensions may be granted to a
project approval listed under Sections 2.4.4(F)(1) and (3) pursuant to the following:
(1) General:
(a) A written request for an extension must have been received by the
City at least forty-five (45) days prior to the expiration date;
(b) The letter must set forth the basis and reason for the extension;
(c) The extension shall be considered by the same body which granted
the original approval;
(d) The extension, if granted, shall be for eighteen months unless
otherwise stated;
city commission Regular Meating
03/31/2015 Item 9.B.
The applicant submitted the subject extension request on January 8, 2015. The
applicant has requested an eighteen (18) month extension, which, if approved, would
extend the approval to October 10, 2016.
Pursuant to LDR Section 2.4.4(F)(3), Extensions: No Construction, when the
project has not commenced construction, or construction has not been deemed
substantial, the request for extension shall be considered pursuant to the following:
(a) The project shall be evaluated pursuant to the land development
regulations in effect at the time of consideration of the extension request
and shall comply with such current requirements;
(b) Additional submittal information including a new application and copies of
previously submittal material may be required;
(c) The granting body must make findings pursuant to 2.4.4(B);
(d) The granting body may impose additional conditions of approval pursuant
to 2.4.4(C) to insure compliance with any applicable changes to
regulations or changes in circumstances which have occurred since the
previous approval.
The project has not yet commenced, and therefore the extension request has
been reviewed in accordance with the criteria noted above. LDR Section 2.4.4(B)
requires that certain findings be made as set forth in Article 3.1 of the LDRs. These
required findings with respect to consistency with the Future Land Use Map,
Concurrency, Consistency, and Compliance with the LDRs were all applied to the Site
Plan Application, and positive findings were made. Those conditions placed upon the
original request remain valid and should continue to be applied to the approval.
Should the request for extension of the March 19, 2013 conditional use
approval be granted for Delray Medical Center until October 10, 2016
pursuant to LDR Sections 2.4.4(F)(1) and (3)?
Yes ✓ No
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
2 City Commission Regular Meeting
03/3112015 Item 9.13.
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves ✓
denies _ the request for extension of the conditional use request set forth above
subject to the conditions set forth in Exhibit A, attached hereto and made a part hereof,
and hereby adopts this order this 31st day of March, 2015, by vote of 5 in favor
of approval and 0 opposed.
Cary D. Gli st in, Mayor
ATTEST: \�
Chevelle Nubin
City Clerk
3 City Commission Regular Meeting
03/31/2015 Item 99.
EXHIBIT A
REQUEST FOR EXTENSION OF MARCH 19, 2013 CITY COMMISSION
CONDITIONAL USE APPROVAL TO ALLOW AN INCREASE IN HEIGHT FOR A
HOSPITAL WING AT DELRAY MEDICAL CENTER
1. On site plan, clearly indicate boundary of proposed improvements under this
project title. If other improvements will be shown indicate they will be "future
improvement, not part of this site plan".
2. On civil plans, include an overall site plan so location of proposed improvements
in reference to entire project site can be identified.
3. The Survey, Site Plan, Landscaping Plan and Preliminary Engineering Plan
needs to be at the same scale. All plans needs to be drawn on 24" x 36" sheets and at
a scale of I" = 10', 1" = 20' or I" = 30' per LDR Section 2.4.3 (B) (1) and (D) (1). However,
keep one sheet at a larger scale on both site and civil plans to show entire project area.
4. Provide Engineering Plans with existing and proposed spot elevations showing
changes of elevations of not more than 2 -feet, throughout the site and at a minimum
distance of 10 -feet into all adjacent properties per LDR Section 2.4.3 (B) (20) and (D)
(2). Provide sufficient elevations to ensure proposed improvements will not have a
negative impact on surrounding drainage and to establish historical storm water flow.
Provide elevations at least 10 -feet beyond boundaries of project area.
5. Palm Beach County Health Department permits required for this project, this will
need to be provided prior to building permit issuance.
6. Provide copy of South Florida Water Management District (SFWMD) permit
modification.
7. Indicate handicap spaces are to be provided in accordance with LDR Section
4.6.9 (D)(8)(d); City of Delray Beach Construction Standard Detail RT 4.2; and the
Florida Building Code, Chapter 11, Accessibility Code for Building Construction.
Handicapped parking spaces need to be paved, properly marked, and ramp and curb
cuts provided if required.
8. Provide ADA compliant access from the parking space to the building.
9. Provide note that parking layout and striping needs to follow City of Delray
Beach current standards. Provide latest Parking Lot Detail RT 4.1 and Typical Parking
Space Details RT 4.2 A thru C, as applicable on Civil Plans. On plan view. indicate
double striping at parking spaces.
10. Provide signed and sealed drainage report indicating the proposed system's
ability to meet storm water quality and quantity requirements io accordance with the
City Commission Regular Meeting
0313112015 Item 9.B.
South Florida Water Management District regulations per LDR Section 2.4.3 (D) (7). In
addition, the surface water management system needs to be designed io accordance
with LDR Section 6.1.9 for a minimum of a 10 yr./24 hr. storm event. The system needs
to provide for positive draioage oflots, streets, roads, and other public areas as well as
handling any run-off from adjacent areas that historically flowed into the subject area.
Include draioage calculations confirmiog that there will be no negative post
development impacts on adjacent homes, structures or properties.
11. Indicate location of existing 10 -inch water maio.
12. Indicate proposed water main will be looped in accordance with LDR Section
5.3.3 (E). Looped water maios are required on or off site io order to iocrease reliability
of water flows and pressure.
13. Provide an exclusive 12 -foot exclusive sewer easement over sewer maios.
Easement deed would need to be taken to City Commission for approval and a copy of
the recorded easement deed would be required prior to Buildiog Permit issuance.
14. For the first relocated sanitary sewer manhole, move east of where it is currently
proposed to avoid a 90 degree bend (portion closest to Military).
115. Use City's numbering system for relocated sanitary sewer manholes.
16. Provide an exclusive 12 -foot exclusive water easement over water maios.
Easement deed would need to be taken to City Commission for approval and a copy of
the recorded easement deed would be required prior to Buildiog Permit issuance.
17. Indicate location of water meter(s), a 12' water easement will be required to
water meter.
18. Provide a separate tap off of water maio for fire suppression, fire hydrant and
domestic water.
19. Provide double valves at connection poiots for new mains to existing mains (not
at service Hoes).
20. Indicate location of first cleanout from sewer service connection. A cleanout will
be required on the existing sewer service at a maximum distance of 18-ioches from the
right-of-way lice and/or easement lioe per City of Delray Beach Standard Detail WW
4.1. At locations where this cannot be obtaioed, an exclusive 12' wide sewer easement
will be required up to the first clean-out.
21. Show and clearly label all easements on Landscape, Engioeeriog and
Composite Utility Plans.
City Cemmisaion Regular Meeting
03/31/2015 Item 9.6.
22. Provide the followiog note on both the Engineering Plans and the Landscape
Plans that, "any trees or shrubs placed withio water, sewer or draioage easements shall
conform to the City of Delray Beach Standard Details; LD 1.1 & LD 1.2." These Details
are to be shown on the Landscape Plans.
23. Provide note indicating, "No proposed improvements, buildiogs or any kind of
construction can be placed on or withio any water, sewer or draioage easements,
unless approved by the City of Delray Beach City Engioeer."
24. Provide note indicating, "No proposed structures shall be installed withio a
horizontal distance of 10 -feet from any existing or proposed water, sewer or draioage
facilities, unless approved by the City of Delray Beach City Engineer."
25. Indicate a City approved bus shelter and mass transit easement (as applicable)
will be provided per City of Delray Beach Comprehensive Plan, Policy A-1.5 and LDR
Section 2.4.3 (D) (7). A bus shelter is required to be installed on site for 1) a new
residential project that has 25 or more units; 2) a nonresidential project that is greater
than 10,000 square feet; and 3) a project that is adjacent to an existing or proposed
Palm Tran bus stop.
26. Satisfy all Site Plan Technical Items and submit revised plans.
27. That the photometric plan be revised to comply with the required night
illumination level for the garage entrances (10 fc maximum, 1.0 fc minimum) and the
required levels for the drive through canopy (30 fc maximum, 3.0 fc minimum) and that
all aspects of the photometric plan be re-evaluated for compliance with the City's
illumination requirements especially on the roof.
28. That a minimum of two additional techniques are included in the project design
that address sustainability issues and consider achieving third -party green building or
LEED certification.
29. That the landscape island on the west side of the bed tower addition be
redesigned to provide the required minimum 9 -foot width requirement.
30. Palms need to be a minimum of sixteen feet (16) in overall height. At a
minimum, revise the specifications of the Alexander Palms and Montgomery Palms to
meet this requirement.
31. That the new hedge along the southern property line be noted and the species
name provided on sheet 1-1.01.
32. Label the north and south landscape buffers on sheet LI.01, so that it is easily
identifiable. Be sure to label Linton Blvd (north buffer) and Country Lake Circle (south
buffer) as references.
City Commission Regular Meeting
03/31/2015 Item 9.6.
33. There are at least fen (10) landscape islands within the parking area next to the
ficus hedge that are missing shade trees. Sheet L0.02 does not address this deficiency.
Please see attached pictures L -DSCN 1866 - 1875 for the tree -less landscape islands.
This item needs to be addressed by adding additional shade trees.
34. There are two (2) existing trees growing within the existing ficus hedge. I believe
they are a variety of Ficus species. They are growing into the overhead wires and are
half dead, posing a significant risk to the patrons of the hospital. These will need to be
removed and stump grinded, replaced with new FPL approved trees. See pictures L -
DSCN 1864 and 1865.
35. The existing ficus hedge on the north side of the southernmost parking row is
missing quite a few hedges, ending well short of the parking row. It appears that several
of these hedges died or were removed at some point in time. New ficus hedges will
have to be installed here as well so as to complete this hedge and match what was
originally there. See picture L -DSCN 1876.
36. That the Ficus hedge be replaced with a new hedge species along the south
side of the property, and the buffer be enhanced with additional trees to address the
City Commission condition of approval.
37. That the applicant has the site's slopes stabilized, the site seeded and watered
until the grass is established and the perimeter construction fence removed until
construction is imminent.
City Commission Regular Meeting
0 313 112 01 5 Item 9.B_
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
REQUEST FOR RELIEF FROM SIDEWALK CONSTRUCTION REQUIREMENTS
FOR 21 GROVE WAY
1. This request for relief from sidewalk construction requirements came
before the City Commission on March 31, 2015.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the request for relief from the sidewalk
construction requirements for 21 Grove Way. All of the evidence is a part of the record
in this case.
RELIEF
Pursuant to LDR Section 6.1.3(C), sidewalks shall be constructed prior to the
issuance of a certificate of occupancy for the property upon which they abut. In
situations where it is inappropriate to install a sidewalk concurrent with development,
the applicant may obtain relief from sidewalk construction requirements.
Should the relief from the sidewalk construction requirements of 6.1.3(C)
for 21 Grove Way be granted?
Yes ✓ No
If relief is not granted, no further action is required by the City Commission and
the applicant is hereby required to construct a sidewalk in conformity with the
requirements of the L.D.R. 6.1.3(C),
If the City Commission grants relief to the sidewalk construction requirements,
relief may be granted by only one of the following forms:
a) Sidewalk deferral
Pursuant to LDR 6.1.3(C)(4), installation of the sidewalk within a residential
subdivision may be deferred pursuant to an agreement which provides for the
installation of the sidewalk at a given time.
City Commission Regular Meeting 03/31/15
Item 9.C.
Should a sidewalk deferral be granted?
Yes ✓ No
b) Waiver
Pursuant to LDR 6.1.3(D)(1)(b), where it is clear that the installation of the
sidewalk system will not serve its intended purpose, a waiver to the sidewalk
requirements may be granted.
Should a complete waiver to the sidewalk requirements be granted?
Yes No
Should a partial wavier to the sidewalk requirements be granted?
Yes No
c) Payment in lieu of installation
Pursuant to LDR Section 6.1.3(D)(3), in situations were it is inappropriate to
install a sidewalk concurrent with development, the sidewalk requirements may
be met by payment of funds in lieu of installation.
A fee of $7600.00 may be paid in lieu of installing 190 linear feet of sidewalk in
the right of way adjacent to 21 Grove Way. The fee shall be due upon issuance
of a building permit
Should an in -lieu sidewalk installation fee of $7600.00 for 21 Grove
Way be charged to the applicant?
Yes No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original application was submitted and finds
that its determinations set forth in this Order are consistent with the Comprehensive
Plan.
2
City Commission Regular Meeting 03/31/15
Item 9.C.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses which supports the findings set forth in this Order.
5. Based on the entire record before it, the City Commission approves ✓
denies _ the request for relief from the sidewalk construction requirements for 21
Grove Way and hereby adopts this Order this 31rd day of March, 2015, by a vote of
5 in favor and 0 opposed.
3
Cary D. Gli in, Mayor
City Commission Regular Meeting 03/31/15
Item 9.C.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Jarjura Jordana
Delray Beach Citl Commission
MAILING ADDRESS
367 Bast Mallory CircleV�ICH
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
I SERVE IS A UNIT OF:
ITY ❑COUNTY ❑ OTHER LOCALAGENCY
CIN COUNTY
NAME OF POLITICAL SUBDIVISION:
Delray Beach, 33483 Palm Beach
City of Delray Beach
DATE ON WHICH VOTE OCCURRED
MY POSITION IS:
3/31/2015
iXXELEDTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
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 112.3143, 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 form 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, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" Includes only the officer's father, mother, 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.
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 ANYATTEMPT 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 Be - EFF. 1112013 PAGE 1
Adopted by reference In Rule 34-7.010(1)(1), F.A.C. Item 12. A.1.
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 disclose 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 form 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
Jordan Jarjura —hereby disclose that on March 31 _'2015
(a) A measure came or will come before my agency which (check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate, Trip Scott, Law Firm ,
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:
The Law Firm that I joined in October 2014, one of the partners has a long
standing relahimnship representing competing beach equipment vendors.
(See attahhdd opinion)
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.
-31 31/—
/j—
Daff led
NOTICE: UNDER PROVISIONS OF DA
ATUTES §112.317,
ITRCONSTITUTES GROUNDS FOR AND F AY BE HEY O�RFOLLOWING: NDREEMOVAL OR USPEN5ONROM OFCE OREMPL ME DEONRDUCTION NALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM aB - EFF. 11/2013 PAGE 2
Adopted by reference In Rule 34-7.010(1)(0, F.A.C.
CITY OF OURAY BER014
'(91CATTORNEY'S
ITY a td: [ .• Rlltl ,l. d -k
1111 itl(INI fl, '4d3-7011 1 ISkc s( III.It: ?r,Il'7Y 47p5
DELRAY BEACH
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All -Amer [Rii
1"
DATE:
March 31, 2015
MEMORANDUM
t 0 TO: Deputy Vice Mayor Jordana Jarjura
FROM: Noel Pfeffer, City Attorney
Wdters Direct Line: 561/243-7081
SUBJECT: Conflict of Interest re: Oceanside Beach Services
Facts:
You have asked our office whether you have a conflict of interest because your
law partner represented a beach equipment vendor that competed for the City of
Delray Beach ('City") contract against the City's current vendor, Oceanside Beach
Services ("Oceanside"). More specifically, while employed at a another law firm
your law partner first represented the other vendor in connection with RFP 2009-
18 in April 2009 and then again in connection with the current contract awarded In
November 2013. In addition, your law firm presently represents this vendor in
connection with a contract for beachside cabana services with another municipality
in Broward County, Florida. The City is currently evaluating the performance of
Oceanside In connection with its contract with the City to provide beachside
cabana services. This evaluation has resulted in a letter of default, a potential
discussion for termination of the contract and, subject to termination, the selection
of a replacement vendor. Further, if a termination were to occur, your law firm's
client may elect to respond to any future RFP.
Discussion:
Rules 4-1.10 and 4-1.7 of the Florida Rules of Professional Conduct prohibit your
law firm from representing the current client if the client decides to compete for any
future RFP issued by the City as a result of your positon as Deputy Vice Mayor.
Rule 4-1.10 prohibits lawyers who are associated In a firm from representing a
client when any one of them practicing alone would be prohibited from doing so
under Rule 4-1.7. Rule 4-1.7 prohibits representation of a client if there is a
substantial risk that the representation of one or more clients will be materially
limited by the lawyer's responsibilities to another client, a former client, or a third
person or by a personal interest of the lawyer. Here, any potential conflict you
have with representing an entity competing for the City's contract would be
Imputed to your law partners under Rule 4-1.10.
Furthermore, you should abstain from voting on the Oceanside matter regarding
both a motion to terminate the current contract and a motion to award the contract
to a successor vendor. Section 266.012, Florida Statutes provides that a
commissioner may abstain from voting if there is, or appears to be, a possible
conflict of interest under Section 112.311, Florida Statutes. Under Section
112.311, no public officer shall have any interest, financial or otherwise, direct or
indirect; engage in any business transaction or professional activity; or incur any
obligation of any nature which is in substantial conflict with the proper discharge of
duties in the public interest. If you were to vote on either of these motions involving
an entity that your law firm represents in separate and distinct matters, there may
be an appearance of a conflict of interest because of the perception that you have
some interest in the outcome of the vote.
To conclude, the Florida Rules of Professional Conduct prohibit your law firm from
representing the current client before the City if the client decides to compete for
any future RFP. Furthermore, you should abstain from voting on both a motion to
terminate the current Oceanside contract and a motion to award the contract to a
successor vendor to avoid even the appearance that you have an interest in the
outcome of the vote.
This opinion is based on the facts described above. Please alert the City
Attorney's Office to any additional information or If facts have been omitted or are
Incorrect, in such event, our legal opinion is subject to change.