09-03-15 Regular Meeting MinutesSEPTEMBER 3, 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 6:30 p.m., Thursday, September 3, 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. PLEDGE OF ALLEGIANCE TO THE FLAG.
3. APPROVAL OF MINUTES:
None.
4. PRESENTATIONS:
4.A. Spotlight on Education — Green Living Technologies International
This item has been removed at the request of the applicant.
At this point, the City Manager stated there is a City policy which will be
discussed at the City Manager's Report that applies to non-profit funding. However, the
City Manager stated for fiscal year 2016 staff has budgeted the exact same amount that
has been budgeted for this fiscal year. At some point, the Commission will have to
decide whether or not to fund equally those amounts pursuant to fiscal year 2015 and if
they want to add any additional funds to that per some of the request. The City Manager
stated there is no cut in funding in terms of the overall amount of funding that is available
to the non -profits per the City Commission's history.
4.B. Delray Beach Center for the Arts
Joe Gillie, President/CEO of the Delray Beach Center for the Arts, gave a
brief PowerPoint presentation regarding the strategic plan for the Delray Beach Center
for the Arts.
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At this point, Mr. Bill Branning, Chairman of the Board of Directors for
the Delray Beach Center for the Arts, thanked Mr. Gillie for his contribution over the last
25 years. Mr. Branning introduced Rob Steele who came forward and gave a few brief
comments.
Mayor Glickstein stated he applauds the Board of Directors for the way in
which they have managed the succession planning and thanked Mr. Gillie for the very
important role his has played in the cultural heartbeat of the community.
4.C. Delray Beach Public Library
Alan Kornblau, Director of the Delray Beach Library, gave a brief
PowerPoint presentation regarding the Delray Beach Library.
Mayor Glickstein gave a few brief comments regarding a strategic plan for
the Delray Beach Library.
4.D. Delray Beach Historical Society
Winnie Edwards, Executive Director of the Delray Beach Historical
Society, gave a brief PowerPoint presentation regarding the sustainability for the Delray
Beach Historical Society. Ms. Edwards requested that the Commission reinstate the
benevolent grant non-profit request of $50,000.00 for fiscal year 2015/2016.
At this point, the time being 7:23 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
9. PUBLIC HEARINGS:
9.A. RESOLUTION NO. 46-15 (TENTATIVE MILLAGE LEVY/DDA):
A resolution tentatively levying a tax of one mill on all properties within the Downtown
Development Authority Taxing District of the City of Delray Beach for FY 2016.
office.)
The caption of Resolution No. 46-15 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, TO TENTATIVELY LEVY
A TAX ON ALL PROPERTIES WITHIN THE
DOWNTOWN DEVELOPMENT AUTHORITY TAXING
DISTRICT OF THE CITY OF DELRAY BEACH,
FLORIDA, FOR MAINTENANCE AND OPERATION,
AND TO APPROPRIATE SAID COLLECTIONS
THEREUNDER.
(The official copy of Resolution No. 46-15 is on file in the City Clerk's
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Mark Denkler, Chairman of the Downtown Development Authority
(DDA), presented this item to the Commission and requested that the Commission
approve the 1.0000 mil tax base levy for fiscal year 2015/2016 year.
Brief discussion by the Commission ensued.
Mayor Glickstein declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 46-15,
the public hearing was closed.
Mr. Katz moved to adopt Resolution No. 46-15, 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.B. RESOLUTION NO. 45-15 (TENTATIVE MILLAGE LEVY): A
resolution tentatively levying a tax on all properties within the City of Delray Beach for
operation and maintenance and for payment of principal and interest on bonded
indebtedness for FY 2016.
The caption of Resolution No. 45-15 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, TO TENTATIVELY LEVY
A TAX ON ALL PROPERTIES WITHIN THE CITY OF
DELRAY BEACH, FLORIDA, FOR MAINTENANCE
AND OPERATION, AND TO TENTATIVELY LEVY A
TAX FOR THE PAYMENT OF PRINCIPAL AND
INTEREST ON BONDED INDEBTEDNESS, AND TO
ALLOCATE AND APPROPRIATE SAID
COLLECTIONS THEREUNDER.
(The official copy of Resolution No. 45-15 is on file in the City Clerk's
office.)
The City Attorney read the caption of the resolution and stated That a tax
of $7.0611 per one thousand dollars ($1,000.00) of assessed valuation is hereby
tentatively levied on all taxable property within the City of Delray Beach for the fiscal
year commencing October 1, 2015, and ending September 30, 2016. There shall be and
hereby is appropriated for the General Fund operations of the City revenue derived from
said tax for operating and maintenance expenses of the General Fund, and also in
addition, all revenues derived by said City during said fiscal year from all other sources
other than the tax levy for current bond service and that part of collection of delinquent
taxes levied for bond service. The assessed valuation on all taxable property for operating
purposes within the City of Delray Beach is $7,980,785,319. The tentative operating
millage rate of $7.0611 per one thousand dollars ($1,000.00) is greater than the rolled -
back rate of $6.6408 per one thousand dollars ($1,000.00) by 6.33%. That the amount of
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money necessary to be raised for interest charges and bond redemption which constitutes
a general obligation bonded indebtedness of the City of Delray Beach is $2,090,511.
There is hereby appropriated for the payment thereof, all revenues derived from the
tentative tax levy of $0.2756 per one thousand dollars ($1,000.00) of assessed valuation,
which is hereby levied for that purpose for the fiscal year commencing October 1, 2015,
and ending September 30, 2016, upon the taxable property of the City of Delray Beach,
the assessed valuation being $7,983,883,436. That the above tentative millage rates are
adopted subject to adjustment in accordance with Section 200.065(5) of the Florida
Statutes which provides that a municipality may adjust its adopted millage rate if the
taxable value within the jurisdiction of the taxing authority as certified pursuant to
Section 200.065(1) is at variance by more than one percent (1%) with the taxable value
shown on the assessment roll to be extended.
Commission.
and 9.C.
Jack Warner, Chief Financial Officer, presented this item to the
Brief discussion by the Commission followed regarding the budget.
Mayor Glickstein declared the public hearing open for Items 9.A., 9.11.,
The following individuals from the public spoke:
Steve Blum, Dr. Victor Kirson, Susan Ruby, Bonnie (last name unknown),
Darby O'Gill (a/k/a John Fisher), Check Ridley.
There being no one from the public who wished to addressed the
Commission regarding Resolution No. 45-15, the public hearing was closed.
Deputy Vice Mayor Jacquet moved to adopt Resolution No. 45-15,
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.
9.C. RESOLUTION NO. 47-15 (TENTATIVE BUDGET ADOPTION
FOR FY 2016): A resolution tentatively making appropriations of sums of money for all
necessary expenditures of the City of Delray Beach for the period October 1, 2015
through September 30, 2016.
The caption of Resolution No. 47-15 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, MAKING
TENTATIVE APPROPRIATIONS OF SUMS OF
MONEY FOR ALL NECESSARY EXPENDITURES OF
THE CITY OF DELRAY BEACH FOR THE PERIOD
FROM THE 1st DAY OF OCTOBER, 2015, TO THE 30th
DAY OF SEPTEMBER, 2016; TO PRESCRIBE THE
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TERMS, CONDITIONS AND PROVISIONS WITH
RESPECT TO THE ITEMS OF APPROPRIATIONS AND
THEIR PAYMENT; AND TO REPEAL ALL
RESOLUTIONS WHOLLY IN CONFLICT WITH THIS
RESOLUTION AND ALL RESOLUTIONS
INCONSISTENT WITH THIS RESOLUTION TO THE
EXTENT OF SUCH INCONSISTENCY.
(The official copy of Resolution No. 47-15 is on file in the City Clerk's
office.)
Mayor Glickstein declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 47-15,
the public hearing was closed.
Deputy Vice Mayor Jacquet moved to approve Resolution No. 47-15,
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.
At this point, the time being 10:01 p.m., 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.
None.
6.11. From the Public.
6.11.1. Steve Blum, 115 Venetian Drive, Delray Beach, FL 33483, stated he
had an advertising agency and there was always things called "prestige accounts" that did
not pay for themselves but you were supposed to have them if you were a good
advertising agency. Mr. Blum expressed concern when he sees one of Delray Beach's
Policemen or Firemen to another municipality, if we are not making gobs of money on
that deal why do we lift a finger to have them at all because there is enough to take of in
Delray Beach.
6.13.2. Danika Sanborn, 142 South Ocean Boulevard, Delray Beach, FL
33483 (Sandoway House Nature Center), read a brief statement into the record about
the Sandoway House Nature Center and why they are requesting extra funding this year.
Ms. Sanborn explained that the reason the requested a grant of $57,000 in 2015 versus
$21,200 received in the prior year is because they recognized Palm Beach County's need
for more STEM Programs for students, they hired a full-time Director of Education who
began in August. She states with this additional help Sandoway will be able to add on
more school programs, public programs, and exhibits, to accommodate the increase
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demand from the public. Ms. Sanborn she is the only full-time person running a place
that has 12,000 visitors a year and it has been very beneficial having another person there
helping her.
Mr. Jacquet inquired about the $57,000. Ms. Sanborn stated this is a one-
time request and that will give Sandoway to put strategic planning into place and they
should be ready next year to take on that added cost.
Commissioner Jarjura asked why Ms. Sanborn did not put the strategic
planning into place before hiring someone. Ms. Sanborn stated hiring this person and
having him start to get all those contacts ready is what they were striving to do first. In
addition, Ms. Sanborn stated he was available and is a great educator. Commissioner
Jarjura asked if the City does not grant the one-time $57,000 how will Sandoway pay
him. Ms. Sanborn stated they would have to look for other grant opportunities.
At this point, the time being 10:07 p.m., the Commission moved to the
Regular Agenda.
6. AGENDA APPROVAL:
Mr. Katz moved to approve the Agenda, 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.
7. CONSENT AGENDA: City Manager Recommends Approval.
7.A. HOLD HARMLESS AGREEMENT/ROOF PAINTING BY
HARTZELL, INC.: Motion to approve a Hold Harmless Agreement with Roof Painting
by Hartzell, Inc. for access to 15 parking spaces located at Sandoway Park for use of a
boom lift to complete a repainting project located at 120 South Ocean Boulevard.
7.13. SERVICE AUTHORIZATION NO. 12-07/ DAVID MILLER &
ASSOCIATES, P.A./ FIRE STATION NO. 5 GENERATOR UPGRADE: Motion to
approve Service Authorization No. 12-07 for David Miller & Associates, P.A. in an
amount not to exceed $9,200.00 for professional engineering and design services related
to the Fire Station No. 5 Generator Upgrade Project (Project No. 14-011). Funding is
available from 334-2311-522-64.90 (General Construction Fund:
Fire/Machinery/Equipment).
7.C. RESOLUTION NO. 54-15/FLORIDA HIGHWAY
BEAUTIFICATION COUNCIL GRANT: Motion to approve Resolution No. 54-15
authorizing the City Manager to apply for a Florida Highway Beautification Council
Grant and enter into all necessary agreements should the project be selected by the
Florida Highway Beautification Council.
The caption of Resolution No. 54-15 is as follows:
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A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH AUTHORIZING THE CITY
MANAGER TO APPLY FOR AND ACCEPT A
HIGHWAY BEAUTIFICATION GRANT, AND ENTER
INTO A HIGHWAY BEAUTIFICATION COUNCIL
GRANT, LANDSCAPE CONSTRUCTION, AND
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION.
(The official copy of Resolution No. 54-15 is on file in the City Clerk's
office.)
7.D. SERVICE AUTHORIZATION NO. 12-17/KIMLEY-HORN AND
ASSOCIATES/WATER SUPPLY AND TREATMENT FEASIBILITY STUDY:
Motion to approve Service Authorization No. 12-17 (Project No. 2015-023) to Kimley-
Horn and Associates, Inc. in the amount of $199,682.00 for professional services in
performing a Water Supply and Treatment Feasibility Study of the City's treatment
plant in anticipation for meeting future customer demands, and maintaining the
operational reliability of the aging water treatment plant.
7.E. CHANGE ORDER NO. 2 TO NEIGHBORHOOD
STABILIZATION PROGRAM (NSP) GRANT AWARD/AMENDMENT NO. 1
TO PURCHASE AND SALE CONTRACT FOR 510 S.W. 14 r' AVENUE: Motion
to approve Change Order No. 2 in the amount of $2,430.00 and approve spending that
will exceed $25,000.00 in FY 2015 to CJ Contracting, LLC to facilitate housing
rehabilitation work to the property located at 510 S.W. 14t Avenue to bring the home to
minimum standards to obtain a mortgage loan on behalf of the buyer; and Second
Motion to Approve Amendment No. 1 to extend the Purchase and Sale Contract for the
buyer to October 31, 2015. This recommendation is in compliance with the Code of
Ordinances, Chapter 36, Section 36.06(A)(1), "Beyond Scope of Work", and Section
36.03(B), "Multiple Acquisitions from Vendor Exceeding Twenty -Five Thousand
Dollars ($25,000.00) in Any Fiscal Year". Funding is available from 118-1935-554-
62.12 (Neighborhood Services Fund: Housing/Urban Development/Acquisition
Rehabilitation).
7.F. WORKFORCE HOUSING COVENANT FOR DELRAY
PRESERVE: Motion to approve a Workforce Housing Covenant between the City and
MCA Delray Preserve Owner, LLC. pursuant to LDR Section 4.7.4, "Density Bonus
Program for the Southwest Neighborhood Overlay District, the Carver Estates Overlay
District and the Infill Workforce Housing Area".
7.G. PRIOR APPROVAL FOR SPENDING LIMIT
INCREASE/COMMERCIAL ENERGY SPECIALISTS/PULSAR BRIQUETTES:
Motion to affirm Commercial Energy Specialists as a sole source vendor for Pulsar
Briquettes; and Motion to approve spending in an amount of $35,000.00 for FY 2015
and $35,000.00 for FY 2016. This recommendation is in compliance with the Code of
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Ordinances, Chapter 36, Section 36.02(C)(6)(a), "Sole Source", and Section 36.03(B),
"Multiple Acquisitions from Vendor Exceeding Twenty -Five Thousand ($25,000.00) in
Any Fiscal Year". Funding is available from 001-4135-572-52.21 (General Fund:
Parks & Recreation/Operating Supplies/Chemicals).
7.H. INTERACTIVE VOICE RESPONSE SYSTEM (IVR) UPGRADE/
SELECTRON TECHNOLOGIES, INC: Motion to approve upgrade of Selectron, the
interactive voice response system and web payments system used for utility billing and
permitting, from Selectron Technologies, Inc., as "Sole Source" provider, in the amount
of $23,000.00. This recommendation is in compliance with the Code of Ordinances,
Chapter 36, Section 36.02(C)(6)(a), "Sole Source and City Standard", and Section
36.03(B), "Multiple Acquisitions from Vendor Exceeding Twenty -Five Thousand
Dollars ($25,000.00) in Any Fiscal Year". Funding is available from 334-6111-519-
64.11 (General Construction Fund: General Government Service/Computer Equipment).
7_I. RESOLUTION NO. 51-15 — SERVICE OF PROCESS: Motion to
approve Resolution No. 51-15, authorizing the City Manager, any Assistant City
Manager, the City Attorney, or any Assistant City Attorney to accept service of process
on behalf of the City of Delray Beach and any member of the City Commission who is
sued in his or her official capacity.
The caption of Resolution No. 51-15 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER, ANY
ASSISTANT CITY MANAGER, THE CITY
ATTORNEY, OR ANY ASSISTANT CITY ATTORNEY
TO ACCEPT SERVICE OF PROCESS ON BEHALF OF
THE CITY OF DELRAY BEACH, FLORIDA AND ANY
MEMBER OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA WHO IS SUED IN HIS
OR HER OFFICIAL CAPACITY EXCEPT AS
PROVIDED HEREIN; PROVIDING A SAVING
CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Resolution No. 51-15 is on file in the City Clerk's
office.)
7_J. OFFER OF SETTLEMENT/SORICE V. CITY OF DELRAY
BEACH: Motion to approve an Offer of Settlement in the total amount of $35,000.00
in Sorice vs. City of Delray Beach.
7.K. OFFER OF SETTLEMENT/GRIFFIN VS. CITY OF DELRAY
BEACH: Motion to approve an Offer of Settlement in the total amount of $20,000.00
in Griffin vs. City of Delray Beach.
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7.L. PROCLAMATIONS:
1. Hunger Action Month — September 2015
2. Attendance Awareness Month — September 2015
7.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Motion to accept the actions and decisions made by the Land Development
Boards for the period August 3, 2015 through August 14, 2015.
7.N. AWARD OF BIDS AND CONTRACTS:
1. Motion to approve a Bid Award to K2 Summit, LLC. (Bid No.
2015-48) in the amount of $41,870.00 for the Delray Beach Marina
roof replacement (Project No. 15-012). This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section
36.02(A)(1), "Sealed Competitive Method". Funding is available
from 426-4311-575-62.10 (City Marina Fund: Culture Recreation/
Buildings).
2. Motion to approve a Bid Award to Municipal Emergency
Services, Inc. (Bid No. 2015-66) in the amount of $38,625.00 for
Scott Air -Pak Conversion Parts. This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section
36.02(A)(1), "Sealed Competitive Bids". Funding is available
from 001-2315-526-64.90 (General Fund: Fire/Fire Operations/
Other Machinery and Equipment).
Vice Mayor Petrolia moved to approve the Consent Agenda, seconded by
Ms. Jarjura. 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.
8. REGULAR AGENDA:
8.A. CONDITIONAL USE REQUEST/KENNEL FOR FIDO'S PLAY -N -
STAY: Consider approval of a Conditional Use request for a kennel for Fido's Play -N -
Stay, located at 1885 S.W. 4th Avenue within Delray Industrial Park, on the east side of
S.W. 4th Avenue, south of Linton Boulevard. (Quasi -Judicial Hearing)
Mayor Glickstein read the City of Delray Beach Quasi -Judicial rules into
the record for Items 8.A. and 8.11.
Chevelle Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Deputy Vice Mayor Jacquet stated he had no ex parte communications
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to disclose. Vice Mayor Petrolia stated she had no ex parte communications to disclose.
Mr. Katz stated he had ten second conversation with Jeffrey Lynne today. Mayor
Glickstein stated he had no ex parte communications to disclose. Ms. Jarjura stated she
had no ex parte communications to disclose.
Mark McDonnell, Assistant Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2015-187USE into the record and
presented this item to the Commission.
Michael Weiner, Attoney with Weiner, Lynne & Thompson, P.A., 10
S.E. 1St Avenue, Delray Beach, FL 33444, stated he is present for any questions the
Commission may have.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the conditional use request, to come forward at this time. There
being no one from the public who wished to address the Commission, the public
comment was closed.
There was no cross-examination or rebuttal.
At this point, the owner came forward and stated the facility will be for
dog daycare, boarding, and a dog fitness center.
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).
Ms. Jarjura moved to approve the conditional use request, 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.
8.B. WAIVER TO THE MAXIMUM PERMITTED DEPTH OF A
COVERED ENTRY PORCH FOR BEDNER'S FARM MARKET: Consider
approval of Waiver to LDR Section 4.4.13(E)(4)(a) "Frontage Types; Porch", to allow
the maximum depth permitted for porches to exceed the required 12 feet (16 feet 1 inch
proposed) for Bedner's Farm Market, located at 381 N.E. 3rd Avenue. (Quasi -Judicial
Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Vice Mayor Petrolia stated she had no ex parte communications to
disclose. Mayor Glickstein stated he had no ex parte communications to disclose. Ms.
Jarjura stated she spoke with Mark Perry. Deputy Vice Mayor Jacquet stated he had no
ex parte communications to disclose. Mr. Katz stated he had no ex parte
communications to disclose.
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Tim Stillings, Director of Planning and Zoning, entered the Planning and
Zoning project file #2015-179 into the record and presented this item to the
Commission. Staff recommends approval.
Brief discussion by the Commission followed.
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Ms. Jarjura moved to approve the waiver, 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.
8.C. RESOLUTION NO. 48-15/BEST INTEREST RESOLUTION —
CONSERV BUILDING SERVICES: Motion to Approve Resolution No. 48-15 to
award the repair and replacement of the air conditioning equipment used in the chiller
system located at City Hall to ConSery Building Services, in the amount of $31,550.00;
declaring by a four-fifths affirmative vote that the repairs made by ConSery Building
Services are in the Best Interest of the City. This recommendation is in compliance with
the Code of Ordinances, Chapter 36, Section 36.03(A), "Acquisitions of Twenty -Five
Thousand Dollars ($25,000.00) or Greater", and Section 36.02(C)(11), "Best Interest
Acquisitions". Funding is available from 001-3431-519-46.10 (General Fund: Public
Work/Building Maintenance/General Government Service/Repair and
Maintenance/Building Maintenance).
The caption of Resolution No. 48-15 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, DECLARING
BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT THE
REPAIRS MADE BY CONSERV BUILDING SERVICES
ARE IN THE BEST INTEREST OF THE CITY.
(The official copy of Resolution No. 48-15 is on file in the City Clerk's
office.)
Victor Majtenyi, Deputy Director of Public Utilities, presented this item
to the Commission.
Mr. Katz moved to approve Resolution No. 48-15, 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.
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At this point, Ms. Jarjura stated although her firm does not represent Ed
Morse Cadillac, they represent Morse Operations, Inc. Therefore, Ms. Jarjura declared a
conflict of interest and recused herself from the dais.
8.D. RESOLUTION NO. 56-15/BEST INTEREST RESOLUTION — ED
MORSE CADILLAC: Motion to Approve Resolution No. 56-15, authorizing
acquisitions with Ed Morse Cadillac in an amount not to exceed $30,000.00 for FY 2015
for accident/ collision repairs to City vehicles, declaring by a four-fifths affirmative vote
that the acquisitions from Ed Morse Cadillac are in the Best Interest of the City. This
recommendation is in compliance with the Code of Ordinances, Chapter 36, Section
36.03(A), "Acquisitions of Twenty -Five Thousand ($25,000.00) or Greater", and
Section 36.02(C)(11), "Best Interest Acquisitions". Funding is available from 501-
3311-591-52.52 (Garage Fund: Operating Supplies/City Garage Outside Service).
The caption of Resolution No. 56-15 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
ACQUISITIONS WITH ED MORSE CADILLAC NOT
TO EXCEED $30,000 FOR FISCAL YEAR 2015 FOR
ACCIDENT/ COLLISION REPAIRS TO CITY
VEHICLES, DECLARING BY A FOUR-FIFTHS
AFFIRMATIVE VOTE THAT THE ACQUISITIONS
FROM ED MORSE CADILLAC ARE IN THE BEST
INTEREST OF THE CITY; PROVIDING FOR AN
EFFECTIVE DATE.
(The official copy of Resolution No. 56-15 is on file in the City Clerk's
office.)
Brief discussion by Vice Mayor Petrolia and Commissioner Katz
followed.
Mr. Katz moved to approve Resolution No. 56-15, 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.
Said motion passed with a 4 to 0 vote.
At this point, Ms. Jarjura returned to the dais.
8.E. RESOLUTION NO. 58-15/BEST INTEREST RESOLUTION — AL
PACKER FORD: Motion to Approve Resolution No. 58-15, authorizing acquisitions
with Al Packer Ford in an amount not to exceed $30,000.00 for FY 2015, which
includes retroactive approval of $687.98, for OEM Ford repair parts for City vehicles,
declaring by a four-fifths affirmative vote that the acquisitions from Al Packer Ford are
in the Best Interest of the City. This recommendation is in compliance with the Code of
Ordinances, Chapter 36, Section 36.03(A), "Acquisitions of Twenty -Five Thousand
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($25,000.00) or Greater", and Section 36.02(C)(11), "Best Interest Acquisitions".
Funding is available from 501-3311-591-52.50 (Garage Fund: Operating
Supplies/External Parts).
The caption of Resolution No. 58-15 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
ACQUISITIONS WITH AL PACKER FORD, NOT TO
EXCEED $30,000 FOR FISCAL YEAR 2015 FOR OEM
FORD REPAIR PARTS FOR CITY VEHICLES,
DECLARING BY A FOUR-FIFTHS AFFIRMATIVE
VOTE THAT THE ACQUISITIONS FROM AL PACKER
FORD ARE IN THE BEST INTEREST OF THE CITY,
UNTIL SUCH TIME THAT AN AWARD IS ISSUED BY
THE PURCHASING DEPARTMENT FOR THE
PURCHASE OF OEM PARTS RELATED REPAIRS TO
CITY VEHICLES; AND PROVIDING AN EFFECTIVE
DATE.
(The official copy of Resolution No. 58-15 is on file in the City Clerk's
office.)
Victor Majtenyi, Deputy Director of Public Utilities, presented this item
to the Commission.
Vice Mayor Petrolia moved to approve Resolution no. 58-15, seconded
by Mr. Katz. 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.
S.F. RESOLUTION NO. 53-15/BEST INTEREST RESOLUTION —
HOUSING REHABILITATION PROJECTS: Motion to Approve Resolution No.
53-15 for Housing Rehabilitation Construction at 429 S.W. 15th Avenue and 227 N.
14th Avenue from Cordoba Construction Co., utilizing Community Development Block
Grant funding, declaring by a four-fifths affirmative vote that the City's Sealed
Competitive Method is not in the Best Interest of the City. This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(11), "Best
Interest Acquisitions", and Section 36.03(B), "Multiple Acquisitions from Vendor
Exceeding Twenty -Five Thousand ($25,000.00) in Any Fiscal Year".
The caption of Resolution No. 53-15 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, FOR HOUSING
REHABILITATION CONSTRUCTION AT 429 SW
15TH AVENUE AND 227 NW 14TH AVENUE
UTILIZING COMMUNITY DEVELOPMENT BLOCK
13
09/03/15
GRANT FUNDING FOR THE COMMUNITY
IMPROVEMENT DEPARTMENT FROM CORDOBA
CONSTRUCTION CO., DECLARING BY A FOUR-
FIFTHS AFFIRMATIVE VOTE THAT THE CITY'S
SEALED COMPETITIVE METHOD IS NOT IN THE
BEST INTEREST OF THE CITY; PROVIDING FOR AN
EFFECTIVE DATE.
(The official copy of Resolution No. 53-15 is on file in the City Clerk's
office.)
Al Berg, Assistant Director of Community Improvement, presented this
item to the Commission.
Brief discussion between the City Commission and the City Manager
ensued.
Mr. Katz moved to approve Resolution No. 53-15, 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.
8.G. NOMINATIONS FOR APPOINTMENT TO THE AFFORDABLE
HOUSING ADVISORY COMMITTEE: Nominations for appointment of four (4)
regular members to serve on the Affordable Housing Advisory Committee to serve two
(2) year terms ending July 31, 2017. Based on the rotation system, the nominations for
appointment will be made by Deputy Vice Mayor Jacquet (Seat #2), Commissioner Katz
(Seat #3), Commissioner Jarjura (Seat #4) and Mayor Glickstein (Seat #5).
Deputy Vice Mayor Jacquet moved to nominate Rosanna Tartaro
(incumbent) to the Affordable Housing Committee as a regular member to serve a two
(2) year term ending July 31, 2017, seconded by Ms. Jarjura. 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.
Mr. Katz moved to nominate Regina Hands (incumbent) to the
Affordable Housing Committee as a regular member to serve a two (2) year term ending
July 31, 2017, 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.
Ms. Jarjura moved to nominate Michael Williams (incumbent) to the
Affordable Housing Committee as a regular member to serve a two (2) year term ending
July 31, 2017, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted
as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor
14
09/03/15
Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes. Said motion passed with a 5 to 0
vote.
Mayor Glickstein moved to nominate Wanda Gadson (incumbent) to the
Affordable Housing Committee as a regular member to serve a two (2) year term ending
July 31, 2017, 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. Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote.
8.H. NOMINATIONS FOR APPOINTMENT TO THE HISTORIC
PRESERVATION BOARD (HPB): Nominations for appointment of three (3)
regular members to serve on the Historic Preservation Board to serve two (2) year
terms ending August 31, 2017. Based on the rotation system, the nominations for
appointment will be made by Vice Mayor Petrolia (Seat #1), Deputy Vice Mayor
Jacquet (Seat #2) and Commissioner Katz (Seat #3).
Vice Mayor Petrolia stated she would like to defer her nomination to the
next regular meeting of September 15, 2015.
Deputy Vice Mayor Jacquet moved to nominate William (Bill) Bathurst
to the Historic Preservation Board (HPB) as a regular member to serve a two (2) year
term ending August 31, 2017, 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.
Mr. Katz stated he would like to defer his nomination to the next regular
meeting of September 15, 2015.
8.I. NOMINATIONS FOR APPOINTMENT TO THE PLANNING
AND ZONING BOARD (P&Z): Nominations for appointment of three (3) regular
members to serve on the Planning and Zoning Board to serve two (2) year terms
ending August 31, 2017. Based on the rotation system, the nominations for
appointment will be made by Mayor Glickstein (Seat #5), Vice Mayor Petrolia (Seat 91)
and Deputy Vice Mayor Jacquet (Seat #2).
Mayor Glickstein moved to nominate Jocelyn Patrick to the Planning and
Zoning Board as a regular member to serve a two (2) year term ending August 31, 2017,
seconded by Ms. Jarjura. 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.
Vice Mayor Petrolia stated she would like to defer her nomination to the
next regular meeting of September 15, 2015.
Deputy Vice Mayor Jacquet moved to nominate Robin Bird (incumbent)
to the Planning and Zoning Board as a regular member to serve a two (2) year term
ending, seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Ms.
15
09/03/15
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.
8_J. NOMINATIONS FOR APPOINTMENT TO THE SITE PLAN
REVIEW AND APPEARANCE BOARD (SPRAB): Nominations for appointment
of two (2) regular members to serve on the Site Plan and Review Board to serve
two-year terms ending August 31, 2017. Based on the rotation system, the
nominations for appointment will be made by Commissioner Jarjura (Seat #4) and
Mayor Glickstein (Seat #5).
Ms. Jarjura moved to nominate Brett Porak to the Site Plan Review and
Appearance Board as a regular member to serve a two (2) year term ending August 31,
2017, seconded by Deputy Vice Mayor Jacquet. 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 nominate Vlad Dumitrescu to the Site Plan
Review and Appearance Board as a regular member to serve a two (2) year term ending
August 31, 2017, 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.
10. FIRST READINGS:
10.A. ORDINANCE NO. 19-15: SANITATION RATES FOR FY 2016:
Amending Chapter 51, "Garbage and Trash", of the Code of Ordinances of the City of
Delray Beach, by amending Section 51.70, "Regular Charges Levied", to provide for
New Residential and Commercial Collection Service Rates for Fiscal Year 2016.
office.)
The caption of Ordinance No. 19-15 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 51, "GARBAGE AND TRASH",
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 51.70,
"REGULAR CHARGES LEVIED", TO PROVIDE FOR
NEW RESIDENTIAL AND COMMERCIAL
COLLECTION SERVICE RATES FOR FISCAL YEAR
2016; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 19-15 is on file in the City Clerk's
16
09/03/15
The City Attorney read the caption of the ordinance.
Jack Warner, Chief Financial Officer, presented this item to the
Commission.
Brief discussion by the City Commission followed regarding the rate
increase. In addition, the City Commission requested that prior to second reading of this
ordinance that the City Manager provide the Commission with a status update of all the
names of all the schools the collection service company made commitments to.
Deputy Vice Mayor Jacquet moved to approve Ordinance No. 19-15 on
FIRST Reading, 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.
11. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS.
11.A. City Manager
A. City Manager
1. Fiscal Year 2016 Non -Profit Funding Recommendations
The City Manager stated he is requesting some form of direction as it
applies to the application General Administrative Policy 23 which is Non -Profit funding.
He stated that presently the policy requires that 1% of the ad valorem or an amount of
$517,127.00 is the maximum amount for non-profit funding and that policy has not been
followed for at least ten (10) years. The City Manager stated the amount funding for
non -profits in some case (the library amounts to approximately three-quarters (3/4) of
their funding and if the City follows this policy he does not believe that the library would
be able to survive. The City Manager stated that is one of the reasons why he kept the
funding a present levels in examining that. The Commission agreed that this might be a
more appropriate conversation for the Goal Setting. The City Manager stated they can
postpone that discussion until that time; however, his original goal was to try to finalize
his budgetary numbers and then they will have to take that the $1,950,000 and assign it to
particular non -profits. The City Manager stated he has kept the amount the same with the
assumption that the same people are going to get the same amounts of money but the
Commission may choose to change that.
Commissioner Jarjura stated she would be comfortable giving direction on
the budget for this year; however, she feels for the larger picture she feels they should
hold off on that discussion. For this budget, Commissioner Jarjura stated it would be her
preference to keep status quo except for the Delray Beach Historical Society to give them
the $5,000 that they were relying on. Commissioner Jarjura stated going forward that the
Commission makes a decision at the Goal Setting about how they should handle non-
profits.
17
09/03/15
Commissioner Katz asked if the funding for the Delray Beach Public
Library be separated out as not necessarily a non-profit but can that money be classified
as a City service because if we did not have this non-profit we would have to have a
library. Commissioner Jarjura stated when looking at what the library receives compared
to all the other non -profits, it is about finding ways to leverage that asset more efficiently
so that we together as partners are more sustainable for their operations budget.
Commissioner Katz stated even if the City is not going to give funding to a non-profit, he
feels that staff should notify people.
The City Manager suggested that the policy be changed to reflect the
reality for some of these non -profits and reiterated that it has not been followed for at
least a decade.
Mayor Glickstein stated Joan Goodrich, Economic Development Director
and he met with the Delray Beach Library Board and he did not know what was going on
there and they have no strategic plan. He stated the library has been this public/private
partnership since they started out and the Commission specifically talked about
challenging themselves not just because of the sustainability and as great a service as they
are providing, the box is getting more expensive to maintain. Mayor Glickstein stated
their way of delivering what libraries are doing is not the same anymore and they
challenged the Board to step up and offered City assistance in the form of Task Force
help. Mayor Glickstein stated there are people in the community that are willing to help.
11.B. City Attorney
None.
11.C. City Commission
11.C.1. Deputy Vice Mayor Jacquet
Deputy Vice Mayor Jacquet stated he had recently mentioned that there is
a school in Delray that is thinking of taking a trip to the Sister Cities in Haiti Daughter of
Zion. He stated he received an email from a citizen who forwarded him an email from
the Sister Cities Committee and they were meeting today while the City Commission was
having their meeting. Therefore, Deputy Vice Mayor Jacquet stated he was unable to
attend but as he mentioned at the last meeting there are elections in October so there are a
lot of changes going on there.
11.C.2. Vice Mayor Petrolia
None.
IN
09/03/15
11.C.3. Commissioner Jarjura
Commissioner Jarjura asked if the RFP for lobbying services went out.
The City Manager stated this will be coming back to the Commission next month.
Commissioner Jarjura asked if staff is making of list of projects and it will probably be
special bill type things mostly in the Parks and Recreation side.
11.C.4. Commissioner Katz
Commissioner Katz stated when he was at the Florida League of Cities he
went by the booth for the Sister Cities and they were very aware of the City's new Sister
City relationship with Haiti.
Secondly, Commissioner Katz went by Captain Palmermo's retirement
party. Commissioner Katz thanked the Police Officer's and stated the citizens support
them.
Commissioner Katz stated he attended the Atlantic Community High
School and the football team had a big win over Wellington. In addition, Commissioner
Katz had the opportunity to meet the new Principal of Atlantic Community High School.
He stated Levy Accounting purchased property on south Linton
Boulevard. Commissioner Katz stated Levy Accounting has a piece of land and next to it
is the Enterprise Rent -a -Car and there is an old abandoned street in-between that now is
mostly part of Enterprise. Commissioner Katz stated the land is full of beer cans and
debris and at one time this was part of a roadway that went out to Federal Highway.; the
western section of this parcel is occupied by Enterprise. Commissioner Katz stated either
the City needs to clean it up or the City needs to figure out a way that the City can
abandon the property to Levy Accounting and he will clean it up and maintain it. The
City Manager stated staff will find out what the status of the land is.
11.C.5. Mayor Glickstein
Mayor Glickstein thanked staff for getting the light at Swinton Avenue
and 1St and believes there are no longer one -ways in the downtown which is very helpful.
Secondly, Mayor Glickstein thanked Janet Meeks, numerous teachers, and
staff for kicking off a new Task Force on education trying to get parents engaged in
dialogue with different people on how we can improve our schools. Mayor Glickstein
stated he appreciates Commissioner Katz being there. Also, Mayor Glickstein stated he
met with the new Superintendent and discussed with him a few pressing things one being
the Tri -Party Agreement that the City is working on for Orchard View, Village Academy,
Pine Grove Elementary, and the Achievement Center so that we are not having to pay as
much as the district was looking for these facilities. Mayor Glickstein thanked Stephanie
for promoting our Grade Level Reading project. Mayor Glickstein stated he also
discussed with the Superintendent a possible middle school of the arts at Carver,
19
09/03/15
promoting the academies at Atlantic Community High School, and the attendance at
Delray Beach schools. He stated our city has done a great job promoting trying to get
more traction at a district level and by increasing that helps our city. Mayor Glickstein
stated he believes the new superintendent is going to do a great job and was very
impressed with him.
Mayor Glickstein stated it was brought to his attention by a former Police
Officer who is retired that there is an issue with the City's ability to use a retired Police
Officer and putting them back on General Employee's staff because of the two different
pensions. He stated there are a lot of career officers that the City is losing that would be
great people to re -deploy as city employees and John Palermo is one of those examples to
run the Clean and Safe Program. Mayor Glickstein stated some officers have expressed
willingness to come on to our staff in a different capacity. The City Attorney stated there
is a 2011 IRS ruling for the City of Pembroke Pines put in jeopardy all municipal and
government workers coming back after retirement and working for that employer again.
The City Attorney stated the City needs to adopt a policy with respect to its workforce
retiring and coming back to work.
Mayor Glickstein stated the Arts Garage has not raised any money and
their contract closing date is in March. He stated he has asked the Chair of the CCC to
keep him in the loop. Mayor Glickstein stated he would like the CCC to think of a
proactive solution. Mayor Glickstein stated he asked the Chairman of the CCC and the
Chair of Old School Square to get together and see if there is a way to merge the Arts
Garage into Old School Square. He stated there are two competing operations that are in
the performing arts that are right next door to each other and the Arts Garage is going to
be unable to close on the facility. Mayor Glickstein stated he would to encourage the
CCC to work with Old School Square and come back to the Commission and propose a
solution that the Commission can support.
Commissioner Katz stated the CCC needs to figure out a way to make that
work and he does not feel the current plan is sustainable unless they make some changes.
Lastly, Mayor Glickstein stated he appreciates the fact that the sinkhole
has been fixed at Venetian Drive and Atlantic Avenue which he was getting a call every
day about. However, Mayor Glickstein stated there is hole in part of the road which they
fixed great; however, on the far south side there is a new hole right next to where they
were working so they literally fixed three-quarters of a pothole and he asked that staff
look into this matter.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 11:18 p.m.
City Clerk
20
09/03/15
ATTEST:
el
s
AYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on September 3, 2015, which Minutes were formally approved and adopted by the City
Commission on June 7, 2016.
a_.... _ A , ..
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.
21
09/03/15
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR A KENNEL
1. This conditional use request for Fido's Play -N -Stay to allow a kennel to be
located within Delray Industrial Park at 1885 SW 4x" Avenue within the I (Industrial)
Zoning District has come before the City Commission on September 3, 2015.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for a kennel
for Fido's Play -N -Stay. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsections I and II.
1. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future Land Use and Map: Is the future use and
intensity of the development consistent with the future land use map and
comprehensive plan and is it appropriate in terms of soil, topographic, and other
applicable physical considerations, complementary to adjacent land uses, and fulfills
remaining land use needs?
Yes X No
b. Concurrency: Concurrency as defined pursuant to Objective B-2 of
the Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and provide, or to require the
provision of, needed capital improvements for the following areas:
Are the concurrency requirements met, subject to the attached conditions,
as respect to water, sewer, drainage, streets and traffic, parks, open space,
solid waste and schools?
Yes X No
II. LDR REQUIREMENTS:
LDR Section 2.4.5(E) Required Findings: (Conditional Usk: Pursuant to
Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Hinder development or redevelopment of nearby
properties.
Will the requirements of LDR Section 2.4.5(E) and Chapter 3 be met,
subject to the attached condition(s)?
Yes X 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 and
finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan and Land Development Regulations.
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
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 X
denies the conditional use request and adopts the conditions as set forth in
Exhibit "N', attached hereto and incorporated herein, and hereby adopts this Order this
3`_d day of September, 2015, by a vote of 5 in favor and 0 opposed.
2
ATTEST:
Chevelle Nuhin, City Clerk
;Approved as to legal form
A)d sufficiency:
�tl ll1
City Attorney
_Z�
Cary D. Glickg9ifi, Mayor
Department Head:
x
imothy Ings, Direc of Planning & Zoning
3
Conditions of Approval for Fido's Play -N -Stay
1. Approval of a Class I Site Plan Modification that is in general conformance to the
submitted concept plan and satisfies any outstanding technical comments from City
Departments and includes plan notations, including but not limited to the following:
a. Transfer the parking data chart in the PZB staff report to the concept plan which
summarizes that no additional parking is required.
b. Notation: Include on concept plan the method of collecting and disposing of
animal waste, and the frequency.
c. Notation: Include on concept plan that per LDR Section 4.4.20(D)(10), no on-
site disposal of carcasses is allowed.
d. Notation: Expansion of any use area outside of the two bays within which the
kennel is proposed will require a modification to the conditional use.
2. Provision of a dumpster enclosure for the refuse container intended for this
conditional use, prior to issuance of a certificate of occupancy.
3. Ensure common wall with adjoining tenant includes sound attenuation, if needed.
4. No pick-up or drop-off in any parking lot driveway aisles.
5. If waivers are needed to satisfy any of the above conditions, then the site plan will
require approval by the Site Plan Review and Appearance Board (SPRAB).
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR BEDNER'S FARM MARKET
381 NE 3RD AVENUE
1. This waiver request carne before the City Commission on September 3, 2015.
2. The Applicant and City staff presented documentary evidence and testimony to
the City Commission pertaining to the waiver requests for the Bedner's Farm Market at 381 NE
3`d Avenue. All of the evidence is a part of the record in this case. Required findings are made in
accordance with Subsections I.
I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the
approving body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(e) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for
another applicant or owner.
A. Waiver to LDR Section 4.4.13 (E )(4)(a
Pursuant to LDR Section 4.4.13(E)(4)(a), the maximum depth permitted for
porches is 12'.
The applicant is requesting that the depth of the front entry porch be increased
from 12' to 16' 1".
1. Should the waiver to Section 4.4.13(E)(4)(a), allowing a depth of 16' 1"
for the front entry porch be granted?
Yes X No __
3. At its meeting of July 22, 2015, the Site Plan Review and Appearance Board
considered this waiver request and voted 7 to 0 to recommend approval of the waiver, based
upon positive findings.
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was submitted and
finds that its determinations set forth in this Order are consistent with the Comprehensive Plan.
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 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 X denies
this waiver request.
7. Based on the entire record before it, the City Commission hereby adopts this
Order this 3rd day of September 2015, by a vote of
lft
i
ATTEST:
Chevelle Nubin, City Clerk
Approved as'tn legaffori'-n
City A orney
Department Head:
v
Timothy t' lings, Dh* r of Plamnilg & Zoning
2
5 in favor and o d.
Cary D. Glicksteir, Mayor
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR BEDNER'S FARM MARKT
381 NE 3RD AVENUE
1. This waiver request came before the City Commission on September 3, 2015.
2. The Applicant and City staff presented documentary evidence and testimony to
the City Commission pertaining to the waiver requests for the Bedner's Farm Market at 381 NE
P Avenue. All of the evidence is a part of the record in this case. Required findings are made in
accordance with Subsections I.
I. WAIVERS: Pursuant to LDR Section 2.4.78)(5), prior to granting a waiver, the
approving body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the. grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for
another applicant or owner.
A. Waiver to LDR Section 4.4.13 (E)(4)(a)
Pursuant to LDR Section 4.4.13(E)(4)(a), the maximum depth permitted for
porches is 12'.
The applicant is requesting that the depth of the front entry porch be increased
from 12' to 16' 1 ".
1. Should the waiver to Section 4.4.13(E)(4)(a), allowing a depth of 16' 1"
for the front entry porch be granted?
Yes X No
3. At its meeting of July 22, 2015, the Site Plan Review and Appearance Board
considered this waiver request and voted 7 to 0 to recommend approval of the waiver, based
upon positive findings.
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was submitted and
finds -that its determinations set forth in this Order are consistent with the Comprehensive Plan.
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 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 X denies
this waiver request.
7. Based on the entire record before it, the City Commission hereby adopts this
Order this 3rd dgy of Se tember 2015, by a vote of 5 in favor an p Iced.
ATTEST:
Cary D. Gli&stein, Mayor
3
`�-
Chevelle Nub�,n, City. Cleric
l 4
f r
Approved as to' -legal fol-ra
And sufficiency:
City Attorney
Department Hea :
& Zoning
2