04-16-13 Regular Meeting MinutesAPRIL 16, 2013
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, April 16, 2013.
1. Roll call showed:
Present- Commissioner Shelly Petrolia
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Cary Glickstein
Absent - Commissioner Alson Jacquet
Also present were - Louie Chapman, Jr., City Manager
Robert A. Barcinski, Assistant City Manager
Brian Shutt, City Attorney
Lanelda D. Gaskins, Acting City Clerk
2. The opening prayer was delivered by Reverend Kathleen Gannon with St.
Paul's Episcopal Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. APPROVAL OF MINUTES:
Mrs. Petrolia moved to approve the Minutes of the Special/Workshop
Meeting of January S, 2013, seconded by Mrs. Gray. Upon roll call the Commission
voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein Yes; Mrs.
Petrolia -- Yes. Said motion passed with a 4 to 0 vote.
Mrs. Gray moved to approve the Minutes of the Regular Meeting of
March 19, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia —
Yes. Said motion passed with a 4 to 0 vote.
5. PROCLAMATIONS:
S.A. Paralyzed-Veterans Association (PVA) Awareness Month — April 2013
Mayor Glickstein read and presented a proclamation hereby proclaiming
April 2013 as PVA Awareness Month in the City of Delray Beach. Tim Warner came
forward to accept the proclamation and gave a few brief comments.
04/16/13
5.B. National Arbor Day — April 16, 2013
Mayor Glickstein read and presented a proclamation hereby proclaiming
April lb, 2013 as Arbor Day in the City of Delray Beach. Lula Butler, Director of
Community Improvement came forward to accept the proclamation and gave a few brief
comments.
5.C. "A Day to Remember" — April 27, 2013
Mayor Glickstein read and presented a proclamation hereby proclaiming
April 27, 2013 as "A Day to Remember" at Church of the Palms. Reverend Laurie Ann
Leach came forward to accept the proclamation and gave a few brief comments.
5.1). Delray Beach Police Department Month — May 2013
Mayor Glickstein read and presented a proclamation hereby proclaiming
May 2013 as Delray Beach Police Department Month. Pam O'Brien, Chief Strianese and
Assistant Chief Goldman came forward to accept the proclamation. Assistant Chief
Goldman came forward and gave a few brief comments.
5.E. National Travel and Tourism Week — Mav 4- 12.2013
Mayor Glickstein read and presented a proclamation hereby proclaiming
May 4 -12, 2013 as Travel and Tourism Week. On behalf of the residents, Shirley Talbert
came forward to accept the proclamation.
6.
PRESENTATIONS:
6.A. Presentation of African Art — Sister Cities Committee
David Schmidt, President of Delray Beach Sister Cities Committee, gave a
brief presentation of the African Art.
7. Comments and Inquiries on Agenda and Non - Agenda Items from the
Public immediately Fallowing Presentations
7.A. City Manager's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and
inquiries.
7.13. From the Public.
7.8.1. Carol Anderson, 1441 East Bexley Park Drive, Delray Beach, FL
3_3445 (Outreach Director of S.A.F.E.).1 commended the Commission for recognizing
Paralyzed Veterans Awareness (PVA) Month. Ms. Anderson stated she recently walked
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the downtown sidewalks with a paralyzed veteran who emphasizes his abilities rather
than his disabilities. However, she stated they could not make their way in Pineapple
Grove and on Atlantic Avenue without moving or asking others to move tables, chairs
and signs. Ms. Anderson quoted LDR Section 6.3.3(F)(2), 6.3.3.(F)(5), 6.3.3(F)(5)(7)
and 6.3.3(F)(5)(7)(12). She stated the sidewalk cafe ordinances should be strongly
enforced with penalties. Ms. Anderson stated all the sidewalk cafes are due for renewal
on July 1, 2013 and urged the Commission to warn all the permitees that their renewal
applications must comply fully and that the law will be enforced.
7.B.2. Onu Hogue, 1600 North Federal Highway #112, Delray Beach, FL
33483, (owner of Southgate Motel), stated his project was in front of the Commission
last month and he does not understand what was wrong with his project. He stated he is
trying to demolish an old hotel and is willing to do everything the Commission wants him
to as long as he can put up a new building.
7.B.3. Bob Currie, Currie Sowards Aquila Architects, 185 NE 4th Avenue
Suite 101, Delray Beach, FL 33483, stated the owner is ready to demolish the existing
motel and create a proper venue there.
7.B.4. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive
Unit "C ", Delray Beach, FL 33483, stated Stockton, California is the largest U.S. City
to file for bankruptcy and now the bondholders of that city and the Police and Fire
Unions are fighting over who takes the biggest hit. Mr. Blum stated the Stockton Gazette
recently ran a headline `Beautification Project Put on Hold" and feels this is the opposite
of Delray Beach. He stated the City of Delray Beach is going to spend approximately
$13 million (25% of annual ad valorem taxes) on narrowing Federal Highway, widening
the sidewalks and planting trees. Mr. Blum stated to borrow $13 million today for
beautifying Federal Highway is not the proper thing to do.
7.B.5. Lisa Bright, 12358 Foxmoor Drive, Riverview, FL, read a brief
statement into the record explaining in detail the reasons why she requested the audit of
the Delray Beach Community Redevelopment Agency (CRA) for the Palm Beach
Legislative Delegation. In 2011, Ms. Bright stated she filed a whistle blower lawsuit
against the City of Boynton Beach. As part of that action, Ms. Bright stated the CRA
defense counsel subpoenaed the Executive Director of the Delray Beach CRA for her
deposition in September 2012 and her sworn testimony was the rationale for Ms. Bright's
request of an audit of the Delray Beach CRA. Ms. Bright stated after her request for the
audit became public on April 0 and 2 "d she received several text and voice messages
from political consultant Richard McDermott and she informed him that what prompted
her to contact him was the deposition of the Executive Director of the Delray Beach
CRA. Ms. Bright stated it is well within her civil rights to request all pertinent
information to restore her good name in her upcoming trial.
7.B.6. Carolyn Patton, 1020 Tamarind Road, Delray Beach, FL 33483 and
owns her late mother's house at 65 Palm Sguare and the lot immediately south of it
in the Marina Historic District (President of the Marina Historic District
Homeowners' Association), requested that the issue of "Resident Only Parking' in the
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Marina Historic District be placed on the May Workshop agenda. She stated they were
informed last week by City personnel that a traffic parking study would now be required
before any ordinance could be considered. Mrs. Patton distributed photographs of the
area some from the weekend after the Delray Affair when the season is supposed to be
winding down. After 30 years of her mother living here she stated none of the cars in the
photographs belong to residents of the Marina District including the truck. Mrs. Patton
stated a driver had to pull off to allow the Range Rover to pass because there is not
enough room for two cars to pass each other when these cars are parked like this in a row.
Mrs. Patton stated the City has a severe parking problem. The photos depict what the
Historic Marina District looks like daily during the season and 4 -5 times or more a week
during off season this is not just an hour or so of noise and inconvenience; many days it
starts around lunchtime and runs until the early morning hours (i.e. 2:00 a.m.). Mrs.
Patton stated there are many precedents for cities and towns granting "Resident Only
Parking" in residential neighborhoods that abut popular commercial districts. She stated
the Arlington, Virginia parking permit ordinance has been upheld by the United States
Supreme Court in 1977 as valid and constitutional and the Supreme Court held that cities
have the responsibility to protect residential areas from overflow commercial parking
(434 U.S.5). She stated there is a precedent in Delray Beach with the boat owners that
were given public parking spaces for their parking without any studies.
Secondly, Mrs. Patton thanked City staff who have helped to re -route
trucks out of their area and urged the Commission to place this issue on the agenda.
Also, Mrs. Patton thanked Amy Alvarez, Historic Preservation Planner, for nominating
the Marina Historic District to the National Register.
7.B.7. Denise Alexander, 603 Lakewoode Circle West, Delray Beach, FL
33445, congratulated Mayor Glickstein and Deputy Vice -Mayor Shelly Petrolia in
winning a hard fought campaign. Ms. Alexander stated she is present this evening
because of the same kind of concerns that they had addressed in their election campaigns.
She stated a golf course renovation and expansion is planned in the Hamlet community
by the Seagate Hospitality Group and is slated to commence on May 1, 2013 but they do
not know if the required permits have been obtained or if the City's approval has been
given for required zoning changes. She stated they do not know that what is planned is
even permitted under the agreements with the Hamlet Residents' Association or under
City planning rules. Ms. Alexander stated The Seagate is planning a major expansion of
the golf course and this will include a reconfiguration of the course and the removal of
more than 60 mature trees without the consent of the homeowners.
7.B.8. Barbara Kovel, 600 Pine Lake, Delray Beach, FL 33445 {has lived at
the Hamlet for 2 yea rs)s stated they chose the Hamlet because of its unique features
including that it is a wonderful eco system supporting hundreds of wild birds and other
majestic wildlife. Mrs. Kovel stated last year the Seagate Hospitality Group bought the
country club and they are planning to cut down a minimum of 100 mature trees on the
golf course that surrounds their home. In addition, the Seagate is planning at least a six
(6) month renovation of golf course which will include re- routing water drainage,
installing artificial rock curbs and other work that will change the natural typography of
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more than several hundred acres of an established eco system. Mrs. Kovel stated this
golf course directly opens onto private property and requests that all workers have a State
photo ID and all persons entering their gates are screened and identified on every entry
past their gate as she is. Mrs. Kovel stated if she rides her bicycle past the gate upon
returning she must submit a State issued photo ID to a guard she has known for two
years. Mrs. Kovel formally requests that all Seagate personnel and contracted employees
including day laborers follow the same procedure every time they enter the gate.
7.B.9. Gloria Hulnick, 604 Lakewoode Circle West, Delray Beach, FL 33445
(Iived at the Hamlet for 21 years), stated residents are distressed over the Seagate's
proposal of a major renovation of the golf course starting May 1, 2013. Mrs. Hulnick
stated they do not feel that the can rely on the Hamlet Residents Association (HRA) to
provide them with much information. She stated residents are concerned with the
number of trees that will be taken down due to arrange for the new playground. Mrs.
Hulnick expressed concern that the proposal will destroy the natural beauty of the
property behind them. She urged the Commission to intervene before it is too late.
7.13.10. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483,
congratulated Commissioner Petrolia and Mr. Chapman. Mr. Warner expressed concern
over the parking issue and stated there was a parking study completed three (3) years ago
that had very straight forward conclusions. He would like to hear comments tonight
about the Commission's thought on that.
73.11. Christina Morrison, 2809 Florida Boulevard 4207, Delray Beach, FL
33483, expressed concern over Item 10.A. and stated there were no disclosure of fees
involved with starting up a bond, what the exact costs were, what the payback is, what
the penalties are and why we need to narrow Federal Highway if we do not have the
money.
Secondly, Ms. Morrison stated she is getting significant pushback from
clients indicating that they do not know if they want to come to Delray Beach because we
are so hard to deal with getting building permits because of the way the LDRs are written
and the procedures that we have in place. Ms. Morrison suggested that the City rewrite
the LDRs to meet the 2013 vision of the City in going forward. In addition, Ms.
Morrison suggested doing online submittals and updates.
7.B.12. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), stated he spoke two weeks on the need for the City
to retain the sworn officers that we have. He stated on any given day the City is down
approximately 25 officers out of 158 officers. Dr. Kirson stated he received no
comments from the City Manager and it has been in the past appropriate for the City
Manager to comment on public speaking and received one comments from the City
Commission. Dr. Kirson stated he has been speaking on PBA issues for four (4) years
and it is now down to about 133 sworn officers per day.
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8. AGENDA APPROVAL.
Mr. Frankel requested that Item Item 9.F., Special Event Request /2nd
Annual Wine and Seafood Festival of the Consent Agenda be moved to the Regular
Agenda as Item 10.A.A.
Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor
Glickstein Yes; Mrs. Petrolia — Yes; Mr. Frankel — Yes. Said motion passed with a 4 to
0 vote.
9. CONSENT AGENDA: City Manager Recommends Approval.
9.A. LANDSCAPE MAINTENANCE AGREEMENT /120 SOUTHRIDGE
ROAD: Approve a Landscape Maintenance Agreement with R. Scott Buchanan for
landscape installation within the right -of -way at 120 Southridge Road.
9.13. ADDITIONAL SCOPE/RANDOLPH & DEWDNEY
CONSTRUCTION, INC.: Approve additional scope to Randolph & Dewdney
Construction, Inc. in the amount of $16,670.14 for the Fire Station No. 1 Stonn
Hardening Project. Funding to be paid out of the Contract's Undefined General
Allowance.
9.C. RESOLUTION NO. 25 -13: Approve Resolution No. 25 -13 assessing
costs for abatement action required to remove nuisances on 29 properties throughout the
City of Delray Beach.
The caption of Resolution No. 25 -13 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT
TO CHAPTER 100 OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, ASSESSING
COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND {S} LOCATED WITHIN THE CITY OF DELRAY
BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ABATEMENT OF NUISANCES; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
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(The official copy of Resolution No. 25 -13 is on file in the City Clerk's
office.)
9.D. REVISIONS TO THE COMMISSION RULES OF
PROCEDURE: Approve revisions to the Commission Rules of Procedure to allow
public comment not to exceed 3 minutes on special agenda items which are part of a
workshop meeting.
9.E. SPECIAL EVENT REQUEST /ON THE AVE: Approve a special
event request to endorse On the Ave to be held on May 9, 2013 from 6:00 p.m. to 10:00
p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic
Avenue from Swinton to the west side of N.E. /S.E. 5th Avenue, Railroad Avenue from
Atlantic north to 150 feet north of the east /west alley, and to the alleys north and south of
Atlantic on N.E. /S.E. 1st Avenue, N.E. /S.E. 2nd Avenue, S.E. 3rd Avenue, and
N.E. /S.E. 4th Avenue and the southeast quadrant of the Delray Beach Center for the Arts
grounds; and to authorize staff support as outlined in the staff report; with payment of
costs to the City per the Special Event Policies and Procedures.
9.F. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 10.A.A.
9.G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period April 1, 2013 through April 12, 2013.
9.H. AWARD OF BIDS AND CONTRACTS:
1. Multiple awards to listed vendors for the purchase of Chemicals
and Fertilizers through the Co -Op annual contract Bid No. 2013 -20
on an "as needed basis" at an estimated annual cost of
$205,000.00. Funding is available from Beautification Trust
Fund/Parks Maintenance, DB Municipal Golf Course, Lakeview
Golf Course, Beautification Trust Fund and General Fund/Parks
and Recreation Operating Supply Budgets.
Mrs. Gray moved to approve the Consent Agenda as amended, seconded
by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein
Yes; Mrs. Petrolia — Yes; Mr. Frankel — Yes; Mrs. Gray Yes. Said motion passed with
a 4 to 0 vote.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
11. PUBLIC HEARINGS:
1I.A. ORDINANCE NO. 06 -13: Consider a privately initiated Future Land
Use Map amendment — small scale from MD (Medium Density Residential 5 -12 du/ac) to
GC (General Commercial) and rezoning from RM (Medium Density Residential) to GC
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(General Commercial) for MD Now Delray Beach, located on the north side of Linton
Boulevard, west of S.W. 4th Avenue at 601 Linton Boulevard. (Quasi- Judicial Hearing)
The caption of Ordinance No. 06 -13 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA
ADOPTING A SMALL -SCALE FUTURE LAND USE
MAP AMENDMENT FROM MD (MEDIUM DENSITY
RESIDENTIAL 5 -12 DU/AC) TO GC (GENERAL
COMMERCIAL), PURSUANT TO THE PROVISIONS
OF THE "COMMUNITY PLANNING ACT ", FLORIDA
STATUTES SECTION 163.3187, FOR A PARCEL OF
LAND LOCATED ON THE NORTH SIDE OF LINTON
BOULEVARD 660 FEET WEST OF SW 4TH AVENUE,
AS MORE PARTICULARLY DESCRIBED HEREIN,
AND REZONING AND PLACING SAID LAND
PRESENTLY ZONED RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT TO GC (GENERAL
COMMERCIAL) DISTRICT; AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, JANUARY
2012 "; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE,
(The official copy of Ordinance No. 06 -13 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 read the City of Delray Beach Quasi - Judicial rules into
the record for this item and all subsequent Quasi - Judicial items.
Lanelda D. Gaskins, Acting 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. The Commission had no ex parte communication to disclose.
Mark McDonnell, AICP, Assistant Director of Planning and Zoning,
entered the Planning and Zoning Department project file 42013 -096 CPA -CCA into the
record.
Mr. McDonnell stated the subject parcel is on the north side of Linton
Boulevard west of S.W. 4th Avenue and east of Fire Station 93. He stated this is a
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privately - initiated land use and rezoning to go from MD (Medium Density) and GC
(General Commercial) land use. Mr. McDonnell stated the intent is to build a 4,795
square foot medical office which is not allowed under the current land use or zoning and
the parcel measures 0.49 acres.
At its meeting of March 18, 2013, the Planning and Zoning Board
recommended approval with a 4 to 0 vote. The City Commission approved the ordinance
on first reading on April 2, 2013 and asked that there be a comment from the Fire Chief
on whether or not she had any opposition to the land use rezoning of the future site plan
and she did not. Mr. McDonnell stated the discussion about acquiring land from this
property is 4 years ago and it was a discussion based on having a grant application being
ready and it was a hypothetical situation so it is no longer relevant. He stated the Fire
Chief was hoping that discussion would not hold up any positive action on this item.
Jon E. Schmidt, Schmidt & Associates, Inc., Agent for the Applicant,
stated he believes this is a good fit for this area and 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 Ordinance No. 06 -13, to please come forward at this time.
Carol Anderson, 1441 East Bexley Park Drive, Delray Beach, FL
33445 (Outreach Director of S.A.F.E.), stated there is too much "spot zoning" in Delray
Beach. Ms. Anderson stated the City's map and LDRs should say what they mean or
mean what they say. She stated property owners should know what is permitted and
developers should be able to do what is permitted without months of reviews but should
not feel free to propose structures and uses which are at radical odds with the existing
zoning. Ms. Anderson suggested that the City have a blue ribbon panel which would be a
complete review and re- visioning of the City's present and future appearance from the
Interstate to the Intracoastal.
Christina Morrison 2809 Florida Boulevard #207 Delra Beach FL
33483 (speaking on behalf of the petition), commented about this being an emergency
medical center next to a fire house. Ms. Morrison stated the present zoning of RM
(Medium Density Residential) on Linton Boulevard is outdated and noted this is really a
commercial parcel. She urged the Commission to support this change.
Jim Smith 1225 S. Ocean Blvd. #202 DeIrAy Beach FL 33483
(Chairman of S.A.F.E.), suggested that the City have a Blue Ribbon Panel as like the
Charter Review to do a complete review in re- visioning of the City's present and future
appearance. Mr. Smith stated several of the Commission members and Board members
with education and experience in City planning and development should serve on the
panel along with past Mayors and Commissioners; and, encourage city -wide
participation. He stated new standards can and should incorporate the provisions for safe
walking, bicycling, expanded transportation to benefit initiatives and that is the key for
all these developments that come in. Mr. Smith suggested that the Blue Ribbon Panel
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have a deadline of six (6) months to present a proposed route map and rules and
definitions to the Commission and the Commission should have a deadline of another
two (2) months to discuss review and adopt the new requirements. Mr. Smith requested
that the Commission look at the entire area and stated Delray is about quality of life.
There being no one else from the public who wished to address the
Commission, the public hearing was closed.
There was no cross - examination or rebuttal.
Jon Schmidt, Agent for the Applicant, stated they looked at how it fits
into the neighborhood and there is commercial to the east and also to the north. Mr.
Schmidt stated two sides are commercial as well as across the other side of Linton
Boulevard. He stated they are trying to work with Lintco and if they do not join them
their architecture will be very similar in look and there will be a nice consistent look
through this area.
Mrs. Petrolia inquired if the adjacent parcel to the north is already zoned
commercial. Mr. Schmidt stated that is part of Lintco's property. Mrs. Petrolia asked if
that is going to be part of the shopping plaza. Mr. Schmidt stated if they do not end up
joining them they will be an out parcel.
Mr. Frankel stated he supports this project.
Mrs. Gray stated she supports this project as well and noted this has been
vacant for years.
Mayor Glickstein stated he is in support of the zoning change. He stated
residents and developers are understandably frustrated because of the lack of context and
clarity of the City's LDRs relative to where this town is today.
Mrs. Gray moved to adopt Ordinance No. 06 -13 on Second and FINAL
Reading, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows:
Mrs. Petrolia — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said
motion passed with a 4 to 0 vote.
11.B. ORDINANCE NO. 08 -13: Consider a city - initiated amendment to the
Land Development Regulations (LDR) Section 4.4.13, "Central Business (CBD)
District ", Subsection 4.4.13 (G)(1), "Central Core and Beach Area Supplemental
Regulations ", to provide for parking regulations governing call centers.
The caption of Ordinance No. 08 -13 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
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REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.4.13 "CENTRAL BUSINESS
(CBD) DISTRICT ", SUBSECTION 4.4.13 (G)(1)
"CENTRAL CORE AND BEACH AREA
SUPPLEMENTAL REGULATIONS" TO PROVIDE FOR
PARKING REGULATIONS GOVERNING CALL
CENTERS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 08 -13 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.
Mark McDonnell, AICP, Assistant Director of Planning and Zoning,
stated on April 2, 2013, the Commission had passed Ordinance No. 08 -13 with direction
to staff to remove the West Atlantic Redevelopment area from the increased parking
requirement. Mr. McDonnell stated the change that Commission directed has been
reflected in this revised ordinance for second reading. He stated it will enjoy the same
parking standard; one (1) space per 300 square feet as other businesses in the CBD and
the central beach.
Mayor Glickstein declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 08 -13,
the public hearing was closed.
Mr. Frankel moved to adopt Ordinance No. 08 -13 on Second and FINAL
Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr.
Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia -- Yes. Said
motion passed with a 4 to 0 vote.
11.C. PURCHASE AND SALE AGREEMENT: OLD SCHOOL SQUARE
GARAGE RETAIL SPACE: Consider approval of a contract by resolution authorizing
the sale and purchase of interior space on the first floor of the Old School Square Parking
Garage.
11.C.1. RESOLUTION NO. 08 -13: Provides for the sale to the Law Offices of
Kanner & Pintaluga, P.A., in the amount of $2,500,000.00 for 10,400 square feet of
interior space on the first floor of the Old School Square Garage Retail Space.
The caption of Resolution No. 08 -13 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
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AUTHORIZING THE CITY TO SELL TO BUYER
CERTAIN REAL PROPERTY IN PALM BEACH
COUNTY, FLORIDA, AS DESCRIBED HEREIN,
HEREBY INCORPORATING AND ACCEPTING THE
CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE BUYER AND THE CITY OF DELRAY
BEACH, FLORIDA.
(The official copy of Resolution No. 08-13 is on file in the City Clerk's
office.)
11.C.2. RESOLUTION NO. 09 -13: Provides for the sale to S &F Acquisitions,
Inc., a related entity of Schmier & Feurring Properties, Inc. in the amount of
$2,500,000.00 for 10,400 square feet of interior space on the first floor of the Old School
Square Parking Retail Space.
The caption of Resolution No. 09 -13 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO SELL TO BUYER
CERTAIN REAL PROPERTY IN PALM BEACH
COUNTY, FLORIDA, AS DESCRIBED HEREIN,
HEREBY INCORPORATING AND ACCEPTING THE
CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE BUYER AND THE CITY OF DELRAY
BEACH, FLORIDA.
(The official copy of Resolution No. 09 -13 is on file in the City Clerk's
office.)
iLC.3. RESOLUTION NO. 24 -13: Provides for the sale to The Law Offices of
Kanner & Pintaluga, P.A. in the amount of $1,000,000.00 for 5,385 square feet of interior
space on the first floor of the Old School Square Garage Retail Space.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO SELL TO BUYER
CERTAIN REAL PROPERTY IN PALM BEACH
COUNTY, FLORIDA, AS DESCRIBED HEREIN,
HEREBY INCORPORATING AND ACCEPTING THE
CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE BUYER AND THE CITY OF DELRAY
BEACH, FLORIDA.
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(The official copy of Resolution No. 24 -13 is on file in the City Clerk's
office.)
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
The City Attorney stated there are three (3) resolutions and an updated
Letter of Intent from the Arts Garage. The City Attorney stated Resolution 08 -13 is from
Kanner & Pintaluga, P.A., for $2.5 million and the City would provide them twenty (20)
assigned parking spaces; thirty (30) parking passes and that is for the entire space of
10,289 square feet; Resolution No. 09 -13 is from Schmier & Feurring Properties, Inc. in
the amount of $2.5 and the City would provide fifteen (15) parking spaces and twenty -
five (25) parking passes. There is also a provision in the agreement that they would
allow the Arts Garage to enter into a lease agreement and they would stay there for ten
(10) years in order to allow them to come up with the money to purchase the space so
they would have right of first refusal; Resolution No. 24 -13 from Kanner & PinWuga,
P.A., which is for the space that is currently occupied by the Puppetry Arts Center and is
about 5,300 square feet for $1 million and the City would provide them ten (10) parking
spaces and fifteen (15) parking passes. The City Attorney stated the latest Letter of Intent
from the Arts Garage provides that they would like to purchase the entire space for up to
$2.5 million and requested that the City extend their lease agreement with the CRA for a
period of three (3) years to allow them five (5) years in order to obtain adequate funding.
Mayor Glickstein declared the public hearing open.
Alan Schlosberg, 200 MacFarlane Drive Delra Beach FL 33483
stated the Arts Garage has been an asset for both Pineapple Grove and Delray Beach with
magnificent entertainment including music, theatre, art and community outreach it has
become a main attraction to visitors coming from all over South Florida. He stated this
has generated thousands for Delray Beach and has been responsible for increasing the
value of its current occupied space for $2.5 million. Mr. Schlosberg stated Delray
residents want the Arts Garage to remain in the space they currently occupy. He stated
the CRA has 35 acres of space they are looking to develop on West Atlantic Avenue and
feels this area would be a more appropriate area for the law firm. Mr. Schlosberg stated
the Arts Garage is a proven enterprise valuable to the economy of Delray Beach and most
popular with its residents. He urged the Commission to approve the sale of the Arts
Garage space that they currently occupy for the $2.5 million so they can guarantee an
extended lease.
Drew Tucker, 4812 W. Bexley Park Dr., Delray Beach, FL .33445
(Education Director of the Arts Garage), stated they have been able to touch numerous
children in the past two years and have been able to affect the entire community. Mr.
Tucker stated they appreciate the current location of the Arts Garage because it provides
them the most access to the children that need them the most.
Joyce Winston, 5122 Corbel Lake Way, Boynton Beach, FL 33437,
stated the Arts Garage is a great venue and became a volunteer, joined the Guild and is
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04/16/13
now a member of the Executive Board. Ms. Winston stated as a widow she found the
Arts Garage to be warm and friendly that she starting coming on a regular basis and has
been involved ever since. She urged the Commission to keep the Arts Garage where it is
and stated the Arts Garage funds scholarships for underprivileged children to attend the
Arts Academy run by Drew Tucker. Ms. Winston stated people come from all over
South Florida for the music and the theatre. She urged the Commission to vote to keep
the Arts Garage in its current location.
Joann Larocca, 1600 N.W. 22nd Avenue, Delray Beach, FL 33445,
stated she goes to the Arts Garage on Saturdays and noted it is a pleasure to go downtown
and walk around and listen to the most beautiful music from superb musicians. She
stated the Arts Garage belongs downtown and believes that it is imperative that we
advance the arts because it is what advances society.
. Gary Eliopoulos, 205 George Bush Boulevard, Delray Beach, FL
33483, briefly spoke about the history of Pineapple Grove and stated the spirit of the
people came together because of the Arts. He stated local architects and landscape
architects put Pineapple Grove on the map and there were artists, art walks and incentive
plans for developers to do sculptures on their projects. Mr. Eliopoulos stated Old School
Square is about the Arts and urged the Commission to consider what the best use for this
space is.
Susan Schwartzfarb, 7365 Carmela Way, Delray Beach, FL 33446,
stated there is no financial risk to the City of Delray Beach by having Schmier &
Feurring's proposal accepted. Ms. Schwartzfarb stated she has been acquainted with
Louis Terrell, Arts Garage Theatre Director since 1980 and feels Delray Beach is very
lucky that he is here and would like to see him remain. She stated she would like to see
Arts Garage remain where it is and does not feel Delray Beach needs another commercial
space.
Bill Timmis, President of the Board of Directors_ of the Puppetry Arts
Center, stated they were in their space before the Arts Garage and noted that third
caption on the Agenda for Resolution No. 24 -13 that references 5,385 square feet and
stated that is the Arts Garage space not the Puppetry Arts Center. Mr. Timmis stated the
Puppetry Arts center is only 4,800 square feet and asked for clarification on what space
that is talking about. Mr. Timmis stated they just had their lease extended until May
2014 by the CRA Board and he would like to make sure that both parties are going to
honor that lease. He stated the weekend of the Delray Affair they had 500 walk -ins that
looked at their museum.
Allen Glass, 919 N.W. 23`d Lane, Delray Beach, FL 33445 stated there
is no place like the Arts Garage within the entire State of Florida and its venue is
exciting. Mr. Glass stated he has become President of the Arts Garage and urged the
Commission to come to some finality regarding the Arts Garage.
Alyona Ushe, 180 N.E. l't Street, Delray Beach, FL, stated the Arts
Garage has brought in over $2 million annually in the first two years of existence. Ms.
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04/16/13
Ushe stated she has been in the arts administration business for 20 years and it is almost
impossible to get an organization to be that successful that quickly and with that much
support. She stated when you change locations it does not paean it is going to get bigger
and better and there is a lot of risk involved in that. Ms. Ushe urged the Commission to
keep these factors in mind and noted they are only going to get bigger and better.
Mariio Beckman, 921 Spanish Circle 9334, Delray Beach, FL 33483,
(representing the raging grannies), stated they support the Arts Garage and put their
protest to music into the record.
Robert Schmier, 1008 Vista Del Mar Drive Delray Beach FL 33483
Board member of the Arts Garage), stated the proposal that should be considered is
the lease to the Arts Garage and giving them the opportunity to buy and within in five
years when its success is even greater and has the ability to raise the funds. In the
meantime, capital can be used for renovations to building and upgrading and the intent is
to honor the lease to the Puppetry Center through the Arts Garage if it is the decision of
the Commission to sell the property to his firm they will honor what is stated in the lease.
Mr. Schmier stated the purpose of his offer was to protect the Arts Garage ability to stay
in the space.
Paul Shoetec, lives in Hollywood, FL (professional musician), stated he
travels all over the world and noted the Arts Garage is a unique place and it is bringing a
lot of attention to Delray Beach. Mr. Shoetec stated when something is in a stage of
incredible growth when you move it that can kill the growth.
Mariorie Waldo, 4550 Ellwood Drive, Delray Beach, FL 33445
(Principal of Tomorrow's Promise Community School and used to be Delray Youth
Vocational), stated this is a school for at risk students who have been denied through no
fault of their own in most cases opportunity for things like the arts. Ms. Waldo stated
they are grateful for Drew and everyone at the Arts Garage and hopes to have continued
opportunity to do it.
Mayor Glickstein thanked Ms. Waldo for the remarkable job she is doing
at the school with how little she has to work with in terms of finances.
Alan Konopski, writes a review for an online magazine called "Jazz
and Blues ", stated a world renowned saxophonist Ed Kia told him the other night that the
Arts Garage is the best place in the world that he likes to perform. Mr. Konopski stated
another musician mentioned to him that there is no piano in South Florida that compares
to the piano at the Arts Garage and that the sound system in spite of a glass wall is
incredible. Mr. Konopski stated the Arts Garage is a treasure and urged the Commission
to keep it in its current location.
Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, stated the
Arts Garage is fantastic and everyone who is in the Chambers tonight raves about it. Mr.
Warner stated if we count the 87% of the voters in town who did not vote we do not
know how they feel about the Arts Garage. He stated the money for the Old School
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04/16/13
Square Garage came from the Bond Issue that was supposed to finance in addition the
Western Community Center. Mr. Warner stated selling this space would allow the City
to pay back the loan and if the City sells it to Mr. Schmier it would become a tax
generating entity and the Arts Garage could remain. Mr. Warner stated if the City opens
the door to this Letter of Intent concept he feels the Commission is going way down the
wrong road and urged the Commission to keep the Arts Garage.
Pablo Del Real 521 Southridge Road, Delray Beach, FL 33444
(Founder of Auroras Voice a non - profit organization devoted to continuing the
work of Martin Luther King and Mahatma Gandhi, stated the arts are critical to a
healthy society and is an important cultural institution. Mr. Del Real urged the
Commission to not move the Arts Garage because that will affect its success.
Jill Perri, 65 N.E. 4tn Avenue #H, Delray Beach, FL 33483,
wholeheartedly supports the Arts Garage. She stated there is more space on the first floor
to the west of the where the Arts Garage is and suggested that the Attorneys take this
space rather than take the space that has been so successful as the Arts Garage.
Dina Schwartz, 1065 Del Haven Drive, Delray Beach, FL 33483, stated
the Arts Garage epitomizes what Delray Beach is about and hopes that the Arts Garage
remains. Ms. Schwartz stated she was blown away by the performance Saturday night
and proud to live in Delray.
Brian Rosen, 106 N.E. 16tt" Street, Delray Beach, FL 33444 (member
of the Executive Board of the Arts Garage), stated this location is the bridge between
East Atlantic Avenue and the Pineapple Grove Arts District and noted it is amazing what
has been achieved over the last two years. Mr. Rosen stated there is currently no office
allowed on the first floor of East Atlantic Avenue because they do not want street fronts
to be dark at night.
Aniska Flower, 2105 Spring Harbor Drive, Delray Beach, FL, stated
her daughter is a senior in the IB Program at Atlantic High School and noted she is a very
accomplished jazz vocalist. Ms. Flower stated her performance has skyrocketed and she
is gigging all over Delray Beach from restaurants to Old School Square, the Crest
Theatre, and most recently she opened for Natalie Cole at the benefit concert last month
held at Lynn University. She stated her daughter has excelled with her career this past
year because of the workshops and opportunities that were offered to her through the Arts
Garage and the mentoring that they gave her the understanding that she was able to do
this.
Susan Brender, 235 N.E. 1St Street #406, Delray Beach, FL 33444,
stated she travels the world telling people what a joy it is to live in Delray Beach and she
attributes that to the Puppetry Arts Center and the Arts Garage.
Cecelia Boone, 239 N.E. 1St Avenue, Delray Beach, FL 33444, stated the
Arts Garage is awesome and it is about the tenant mix. Ms. Boone stated she is proud to
live in Delray Beach and feels this provides a great opportunity for children. She urged
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04/16/13
the Commission to keep the Arts Garage where it is and stated it is Delray's flagship
location and entrance to Pineapple Grove.
Rosa Torres- Tumazos, Vice President of Finance for the Creative City
Collaborative /the Arts Garage and a member of the Financial Review Board (FRB),
stated if the Commission supports the Arts Garage staying where it is the option that they
have described in the Letter of Intent is to give them five years of an extended lease. Ms.
Torres - Tumazos stated every art organization receives private contributions as well as
support and to go in two years to incurring a $2.5 million liability is what they would be
incurring through Mr. Schmier's generous offer; however, she stated it is a much more
costly option to incur and still survive these next few years. She stated they rely on a
third of their funding from private contributions as well as public contributions from the
CRA.
Marilyn Horvic, lives in Parkland, FL, stated she was introduced to the
Arts Garage this past November when her oldest son took an interest in arts, drama, vocal
and acting. Ms. Horvic stated she drives to Delray Beach and spends 15 hours a week
here because of his interest in the Arts Garage. She supports the Arts Garage and feels it
is a safe community and great location.
Unidentified Male, 5295 Grand Palm Circle, Delray Beach, FL 33484,
in Detroit he had a series of Chamber music concerts (120 concerts a year/3 concerts per
week) and the Detroit Symphony called them to asking for his help. He stated the Arts
Garage is not where he would like it to be with regard to classical music and offered to
help Alyona Ushe with the classical music in Delray Beach. He stated he is disappointed
that Commissioner Jacquet is not present this evening and noted that there are two costs
to this: (1) the Commission is elected by the people and (2) informed the law firm that
they will picket to make sure they do not get a single customer.
Jim Knight, 10 S.E. 1st Avenue, Delray Beach, FL (represents the
broker ), stated there is an existing lease with the Arts Garage that runs through 2015.
Mr. Knight stated this property was put out to bid a long time ago and commented there
is approximately $300,000 that is being funded to the Creative City Collaborative (CCC)
every year. He stated if the City wants to guarantee that the Arts Garage stays there
forever he suggested that the City give the Arts Garage the space. Mr. Knight stated the
CRA purchased a 15,000 square foot building up the street and the Arts Garage could
grow into that as well.
Jenson Grant, Attorney at Kanner and Pintaluga, P.A., and lives at
4045 Village Drive Unit "D ", Delray Beach, FL 33445, stated unless they are given the
additional space in downtown Delray they will probably be looking at moving outside the
City of Delray Beach. Mr. Grant stated when he started working at the law firm in 2006
Kanner and Pintaluga had about 12 employees and now they have 94 employees. He
stated they would make this space their headquarters which has become a southeast
multi -state law firm and bring more people as the Arts Garage to downtown Delray at its
current location.
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There being no one from the public who wished to address the
Commission regarding the Purchase and Sale Agreement for the Old School Square
Garage Retail Space, the public hearing was closed.
Mrs. Gray stated she believes Kanner & Pintaluga, P.A. was one of the
first proposals that the City received on this property and asked prior to that have there
been any other proposals or interest.
Ingrid Kennemier, Real Estate Agent, stated they started the
conversation with Kanner & Pintaluga, P.A. the beginning of summer 2012 and noted
this was the first real offer since the turn of the economy and the Hyatt Place opening.
She stated they did receive offers and interest prior to the economy slowing down. She
stated at the time they had a lower price on the property because it was tied to an old
appraisal. Ms. Kennemer stated this property sat dormant for a couple of years and that is
why the agreement with the CRA was put into the space. She stated when the interested
party came to them and suggested that they were interested that triggered their coming to
the Commission and the Commission asked for a new appraisal.
Mr. Frankel made reference to a memorandum from the City Attorney
dated October 9, 2012 (City Commission Workshop meeting) and stated there were two
offers; Marcus & Millichap for $1.7 million and Kanner & Pintaluga for $2 million and
the balance on the line of credit was $2,479,000 and believes the Commission turned it
down because they wanted to recoup the money.
Mrs. Gray commented about the public funds that are actually given to the
Creative City Collaborative (CCC) or Arts Garage and asked where they would get the
funding if the City were to pull the $300,000 and how long does the CRA plan to
supplement them.
Diane Colonna, Executive Director of the Communitv Redevelopment
Auncy (CRA), stated there is a process that all the non - profits go through to evaluate
whether or not what they are doing is consistent with the CRA's mission. Ms. Colonna
stated in the CRA's Plan they have arts initiatives for economic development and was a
Plan that was adopted by the CRA Board and adopted by the City Commission. She
stated the CRA believes that everything that they are finding is consistent with those
objectives.
Mrs. Gray supports the arts and reiterated her concerns about the funding.
She stated she is also in support of jobs and supports Kanner & Pintagula having the
Puppetry space and the Arts Garage remaining where they are now. The City Attorney
stated there is nothing in the agreement that requires them to actually move into the
space. He stated the City wanted to try and put something in the agreement and staff
could not negotiate that. The City Attorney clarified that on the Schmier & Feurring
Properties, Inc. offer the Puppetry Center portion could be flipped; the City has language
in the agreement on the current location of the Arts Garage that it does appear to be a ten
year commitment.
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04/16/13
Mrs. Gray stated someone from the public mentioned that there was office
space that is available. The City Attorney confirmed that space has been leased to the
Chamber of Commerce.
Mrs. Petrolia expressed concern over what the space does for our city and
the importance of what it brings to the city. She believes that if that space transitioned
into something else we would lose a greater amount than we ever would have had in
selling this space. Mrs. Petrolia suggested that the City stay in control of that space and
stated there are other spots available. She stated she received information that there is a
call center up the road that might be a great space for this law firm to look at. Mrs.
Petrolia stated the City still has this space as an asset to sell if for some reason this did
not go down the right path. Mrs. Petrolia suggested that the best situation is to allow the
City to offer the 100% of the space to the party that is currently in it.
Mr. Frankel asked residents in the audience by a show of hands how many
of them were in fear of losing this space and stated he is disappointed in the campaign of
fear that the Arts Garage put out. In his opinion, Mr. Frankel stated this is not an issue of
making the Arts Garage move; it is how the City can accommodate both. He stated their
position is they offered to go to West Atlantic Avenue near the Courthouse and they were
pushed away.
Ms. Colonna stated per State Statute when the CRA sells property they
have to issue a Request for Proposal (RFP) and evaluate the proposals that come in and
everything is analyzed by consultants with regard to what kind of economic impacts the
use will have, etc. Ms. Colonna stated the CRA does not close or sell their property until
the buyer has building permits. She stated the community is so involved in what they
want to see in this area of West Atlantic Avenue (i.e. charettes, plans, visioning exercises,
a real desire for community based uses). Ms. Colonna stated office could be one of those
uses; however, more neighborhood retail has been what is desired. She stated the CRA
does not want to sell property before they are going to know that they are going to use it
for what they say they are going to use it for. Ms. Colonna stated it takes months to
review the proposals that come in and vet them and time to negotiate the purchase, and
time for them to go through the process (i.e. site plan review, building permits, etc.) and
then they close on the property. Ms. Colonna stated when Kanner & Pintaluga came to
see the CRA one of their main concerns was that they had a 1031 exchange issue where
they sold a building and they needed to reinvest that money and needed to close in June.
Per the CRA's process, Ms. Colonna stated they could meet that timeframe.
Mr. Frankel stated he would like to see that the Arts Garage remains as is
as well as the City getting their money back which is Option C2 which is Schmier &
Feurring Properties, Inc. proposal.
Mayor Glickstein briefly spoke about the history of the Old School Square
Parking Garage and stated from the land acquisition through the bond offerings, the
development of the 2006 Strategic Plan, creation of the Creative City Collaborative
(CCC) and numerous public meetings that followed revealed three consistent themes
regarding the Old School Square Garage space: (1) that it be used as a public gathering
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04/16/13
place, (2) that the use generate traffic to and from Pineapple Grove, and (3) that it be used
as a Cultural Arts Center. Mayor Glickstein stated in not one instance did he see
traditional offices articulated as a stated objective for this space over a span of many
years. He stated proposals are appreciated and the City is happy to help them find
another location for their law firm. Mayor Glickstein briefly highlighted the statistics of
the success of the Arts Garage. Mayor Glickstein there is no urgency to repay the $2.6
million line of credit that would otherwise be repaid by selling the space now. He stated
the Arts Garage is a cornerstone of tourism in the community. Mayor Glickstein stated
the Arts Garage would like an extension of their lease in a purchase agreement that
provides them with certainty and time to complete a capital campaign to purchase the
entire space and he supports that approach and $2.5 million contract sales price and a
closing date not to exceed 21/2 years from the date of execution. Mayor Glickstein stated
the job creation and the economic driver of an arts and cultural organization in that space
far surpasses anything remotely that they could expect from a law firm and feels it would
be a tragedy to sell that space to any commercial user.
Mayor Glickstein asked Ms. Colonna to explain the support that the CRA
provides for Old School Square, the Library, or Spady Museum. Ms. Colonna stated in
the low $300,000 range and the CRA's funding represented about 30% of the Arts
Garage's overall revenues (i.e. ticket sales, donations, and received the Knight Arts
Center grant). Ms. Colonna stated the City gave a lot of support to Old School Square
and the CRA stepped in when the property tax revenues were creating issues for the City.
She stated Spady Museum receives about $95,000 a year from the CRA and Old School
Square is an anchor for the downtown area. Ms. Colonna stated there have been very
positive impacts from it all. She stated the funding that the CRA gives the Delray Beach
Library enables them to stay open on Sundays during various parts of the year.
Mr. Frankel asked Alyona Ushe to briefly explain their budget. Ms. Ushe
stated they opened their doors in April 2011 and they were receiving 75% of their
funding which was $250,000 from the CRA so the Arts Garage was only able to raise
about 25 %. She stated this year the Arts Garage budget is projected to be $1.2 million
and 75% is coming from the Arts Garage and the CCC not the CRA. Ms. Ushe stated the
Arts Garage is doing an extensive amount of work in terms of fundraising. She stated
any non - profit organization that is successful relies to some extent on individual support,
foundations, corporations, and government funding (i.e. Federal, State, County, and
local). Ms. Ushe stated the Arts Garage has approximately $45,000 in the bank right now
and at the end of this fiscal year their revenue excluding the CRA portion is going to be
over $700,000.
Mayor Glickstein stated in terms of the line of credit it is important to note
that we are cash positive because of the lease; the interest rate is very low primarily
because it is associated with tax exempt bonds and to sell to a true third party does not
make sense because we are now in an improving economy. Mayor Glickstein reiterated
that with the new addition of the offer from the Arts Garage he would like to see the City
structure a deal with the Arts Garage. Mayor Glickstein stated he is not supporting a five
(5) year period for the Arts Garage to raise the money. Mayor Glickstein stated for
whatever reason if something did not come together with the Arts Garage the City owns
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04/16/13
and controls the asset in an improving economy, and there may be other capital events to
allow the City pay off that line of credit, and the City is no longer capped at selling it at
what we are talking about now.
Mrs. Petrolia stated this is a valuable piece of land and she concurs 100%
with Mayor Glickstein's comments.
Mrs. Gray asked when the City has to pay back the line of credit. The
City Attorney stated there is no timeframe when the City has to pay the line of credit
back; the current interest that the City is paying on the taxable line of credit is due in June
and the City will go back out to renew that and that is when the interest rate will go back
up to 3 or 4% (approximately $60,000/$70,000). The City Attorney stated the City is
currently paying approximately $25,000/$26,000 a year on the interest on the $2.6
million taxable line of credit (1 %).
Brief discussion between Commissioner Gray and Ms. Kennemer
followed.
Mrs. Petrolia moved to deny Resolution No. 08 -13, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray
Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion to DENY Resolution No.
08 -13 was passed with a 4 to 0 vote.
Mrs. Petrolia moved to deny Resolution No. 09 -13, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor
Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Frankel — No. Said motion to DENY
Resolution No. 09 -13 was passed with a 3 to 1 vote, Commissioner Frankel dissenting.
Mrs. Petrolia moved to deny Resolution No. 24 -13, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs.
Petrolia Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion to DENY Resolution
No. 24 -13 was passed with a 4 to 0 vote.
Mrs. Gray asked if the Puppetry Center moves out and another tenant
moves into that space who receives the revenue from those dollars. The City Attorney
stated the CRA would receive those dollars because the current lease is with the CRA
until January 2015.
The City Attorney pointed out that the City had a survey done and square
footage is 5,300 not 4,600.
Mrs. Petrolia stated if the Arts Garage takes over the space in 21/2 years
and decides to flip the property and that the City have some mechanism in the contract in
place such as a "first right of refusal" at the $2.5 million.
After brief discussion, it was the consensus of the Commission to direct
staff to proceed forward to develop a contract with the Arts Garage and allow 21/2 years
from the execution date of the contract for $2.5 million; and, that the City works with the
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CRA on extending the lease to cover the 21 /a year timeframe.
12. FIRST READINGS:
A. None
10. REGULAR AGENDA:
10.A.A. SPECIAL EVENT REQUEST /2ND ANNUAL WINE AND
SEAFOOD FESTIVAL: Approve a special event request for the 2nd Annual Wine and
Seafood Festival, sponsored by Greater Delray Beach Chamber of Commerce proposed
to be held on November 9, 2013 from 11:00 a.m. to 10:00 p.m., and November 10, 2013
from 11:00 a.m. to 5:00 p.m.; grant a temporary use permit per LDR Section 2.4.6(F) for
closure and use of Atlantic Avenue from the west side of Bronson to the east side of the
Intracoastal from 4:00 p.m., Friday, November S, 2013 through approximately 10.00 p.m.
Sunday, November 10, 2013; and authorize staff support as outlined in the staff report;
contingent upon the conditions of approval listed in the staff report. The event producer is
required to pay 100% of all City costs, plus the administrative fee.
Robert A. Barcinski, Assistant City Manager, stated late this afternoon he
received a modified closure request from the event manager. Mr. Barcinski stated the
event sponsor is now looking for a small portion of one of the side streets.
Nancy Stewart- Franczak, Event Sponsor, stated originally she
originally requested if they could start set -up starting at 4:00 p.m. on Friday and there is
one area where they are asking that they still have the opportunity to set -up on Gleason
Street south of Atlantic Avenue where they set up their wine and food tent. She stated
they are going to be doing actual cooking and they have to set up kitchens much like
what they do for the Garlic Fest and there is more work involved.
Brief discussion by the Commission followed.
Mr. Frankel stated the City is receiving numerous complaints from the
merchants about closing Atlantic Avenue and this event is just before season. Mr.
Frankel stated he would like to know from the BPOA and the merchants if they support
this event.
Mayor Glickstein concurred with Commissioner Frankel.
Mr. Frankel moved to approve the Special Event Request for the 2nd
Annual Wine and Seafood Festival subject to the conditions listed in staff s memo and
the only exception to the 2:00 a.m. is Gleason Street on the east side south of Atlantic
Avenue on Friday, seconded by Mrs. Petrolia. Upon roll call the Commission voted as
follows: Mrs. Petrolia — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein —
Yes. Said motion passed with a 4 to 0 vote.
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10.A. RESOLUTION NO. 23-13/BEACH RENOURISHMENT
PROJECT/FEDERAL HIGHWAY BEAUTIFICATION PROJECT: Consider
approval of Resolution No. 23 -13; authorizing the issuance of a bond up to
$22,250,000.00 in Delray Beach Bond Anticipation Revenue Improvement Notes, Series
2013, for the purpose of financing all or a portion of a Beach Renourishment Project and
a portion of a Federal Highway Beautification Project.
The caption of Resolution No. 23 -13 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE ISSUANCE OF NOT TO EXCEED $22,250,000 IN
AGGREGATE PRINCIPAL AMOUNT OF BOND
ANTICIPATION REVENUE IMPROVEMENT NOTES,
SERIES 2013, OF THE CITY OF DELRAY BEACH,
FLORIDA FOR THE PURPOSE OF FINANCING ALL OR A
PORTION OF A BEACH RENOURISMV ENT PROJECT FOR
AN ESTIMATED PROJECT COST OF NOT TO EXCEED
$9,500,000 AND A PORTION OF A FEDERAL HIGHWAY
BEAUTIFICATION PROJECT FOR AN ESTIMATED
PROJECT COST OF NOT TO EXCEED $12,750,000,
INCLUDING FOR BOTH PROJECTS ALL INCIDENTAL
AND NECESSARY COSTS RELATING THERETO;
DETERMINING THE NEED FOR A NEGOTIATED SALE OF
SUCH NOTES TO TD BANK, N.A. (THE `BANK ");
PROVIDING FOR THE TERMS AND PAYMENT OF SAID
BOND ANTICIPATION REVENUE IMPROVEMENT
NOTES, SERIES 2013, AND THE RIGHTS, REMEDIES AND
SECURITY OF THE OWNERS THEREOF; MAKING
CERTAIN COVENANTS RELATING TO THE ISSUANCE
OF SAID BOND ANTICIPATION REVENUE
IMPROVEMENT NOTES, SERIES 2013; APPROVING THE
FORM OF AND AUTHORIZING THE EXECUTION OF A
CLOSED -END LINE OF CREDIT AGREEMENT AND A
NOTE PURCHASE AGREEMENT BOTH WITH THE BANK;
AUTHORIZING THE PROPER OFFICERS OF THE CITY TO
DO ALL OTHER THINGS DEEMED NECESSARY OR
ADVISABLE IN CONNECTION WITH THE ISSUANCE OF
SAID BOND ANTICIPATION REVENUE IMPROVEMENT
NOTES, SERIES 2013; AND PROVIDING FOR AN
EFFECTIVE DATE.
(The official copy of Resolution No. 23 -13 is on file in the City Clerk's
office.)
Rebecca S. O'Connor, Treasurer, stated this is a request for Commission
approval of Resolution No. 2313 authorizing the issuance of up to $22,250,000 in Delray
Beach Bond Anticipation Revenue Improvement Notes. Mrs. O'Connor stated these
notes which are in the form of a line of credit will be issued for the purpose of providing
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04/16/13
for interim financing for the Beach Renourishment Project in the amount of $9,500,000
and in -part the North Federal Highway Beautification Project $12,750,000. She stated
this resolution authorizes the sale of these notes to TD Bank and the terms include a
variable interest rate based on 75% of the 30 day LIBOR plus 64 basis points a term of
three (3) years and no penalty of pre - payment. The current rate is .7932 %. On February
28, 2013, the Finance Department sent out an RFP for the financing. On March 22, 2013,
Finance received six (6) bids and an analysis was made and TD Bank came in with the
lowest cost. Mrs. O'Connor stated TD Bank came in with the lowest cost of
approximately $260,000 as well as the best terms. The cost is based on an estimated
payback from federal, state and local grants as well as a three (3) year term.
Mayor Glickstein inquired about the June 16, 2013 maturity date. Mrs.
O'Connor stated the City will have the option to opt for a 10 -year note and is an option to
convert at the end of the three (3) years. Mayor Glickstein asked if any unreimbursed
balance would be rolled over to a General Obligation Bond. Mrs. O'Connor stated it
would more than likely be the same source of collateral; however, the way the resolution
is written the City can ask for the option but the bank can turn the City down. She stated
it was not bid that way; the bank offered it that way so in three (3) years most likely the
City will go out for a competitive bid.
Mayor Glickstein stated he believes there is a misunderstanding based on
some earlier public comments as to exactly what we are doing here; of the $14,000,000 in
terms of this short-term borrowing the only part that the City is coming out -of- pocket for
is about $1,757,000, the Citi Bank financing and the contingency are the only two line
items that the City is not getting reimbursed out of the entire $14,000,000. He stated of
the total line of $22,500,000 it is City funding of approximately $4,000,0000; of the
$22,500,000 $3.1 is what the City is coming out of pocket. Mayor Glickstein commented
about the borrowing capability and asked if this would spread the debt service over a 20
year period. Mrs. O'Connor stated the debt service will most likely be spread over a 10-
15 year period.
Brief discussion between Mayor Glickstein and Mrs. O'Connor continued.
Mrs. Petrolia asked Mrs. O'Connor to explain the dollar amount. Mrs.
O'Connor stated the City will have to borrow $5.5 million on the Federal Highway
Beautification Project of which the Community Redevelopment Agency (CRA) will pay
$3.6 million. Mrs. O'Connor stated on the Beach Renourishment side that will also be
$5.5 million; however, the City may receive the $4 million from the Corp of Engineer.
Mrs. Petrolia asked for clarification regarding fund 448 and 442. Mrs. O'Connor stated
Fund 448 is the City's Stormwater Fund and 442 is the City's Water and Sewer Renewal
and Replacement Fund and parts of the project will incorporate stormwater and water and
sewer type projects. Mrs. Petrolia asked if there is any benefit in keeping these two funds
together. Mrs. O'Connor stated the rate is the same but it is less cost in issuance costs.
Mrs. Petrolia asked if this would impact the City in a negative way. Mrs. O'Connor
stated this is being done for the efficiency of cost. Mrs. Petrolia asked if there is anything
in the budget so that the City does not have to go out and look for money. Mrs.
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04/16/13
O'Connor stated during the budget process the project was turned down and with the way
the debt service is currently the City would be able to place that debt relative to that
project without impacting the total General Fund. Mrs. Petrolia stated this is something
the City may want to consider because it is something that has to be revisited often. Mrs.
O'Connor stated the City does this project every ten (10) years.
Mrs. Gray asked if the City has all the dollars needed for the Federal
Highway Project and is most of this covered by the grant dollars. Mrs. O'Connor stated
the City's piece is $1.8 million as well as another $1.2 in other funding sources (Fund
448 and 442); the remaining is funded by Federal, State, and the CRA.
Mr. Frankel asked if the money being borrowed is only going to be used
for the Beach Renourishment Project and the Federal Highway Project. Mrs. O'Connor
stated the City has upfront costs and once the City receives all the grant funding then
whatever is left the City will convert to long -tern financing. For the benefit of the
public, Mr. Frankel stated the money that the City will hopefully get from the State, the
Federal Government and the CRA will be used to pay this off.
Mr. Frankel moved to approve Resolution No. 23 -13, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray —
Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 0 vote.
10.B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
(SPRAB) DECISION: ENTERPRISE RENT -A -CAR: Consider an appeal of the Site
Plan Review and Appearance Board (SPRAB) decision to deny a flat wall sign with
corporate colors for Enterprise Rent -A -Car, located at 14832 South Military Trail.
(Quasi - Judicial Nearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Mayor Glickstein stated he received email from an Enterprise
representative but he did not communicate back. Mrs. Petrolia and Mr. Frankel received
an email. Mrs. Gray stated she did not see the email.
Lula Butler, Director of Community Improvement, entered the project file
into the record.
Lula Butler, Director of Community Improvement, stated this item is a
review of an appeal of the decision by the Site Plan Review and Appearance Board
(SPRAB) to deny a flat wall sign with corporate colors for Enterprise Rent -a -Car located
at 14832 S. Military Trail (southeast shopping center at Military Trail and Atlantic
Avenue). On September 12, 2012, the applicant went to the Site Plan Review and
Appearance Board (SPRAB) and they wanted to do an amendment to the Master Plan for
this particular sign and the current Master Plan requires that all non - anchor tenants have a
specific red channel letters. Mrs. Butler stated SPRAB had six (6) members there and
they could not come to a consensus and tabled the meeting. However, the Board gave
direction that he needed to submit a full amendment to the Master Sign Program. Mrs.
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04/16/13
Butler stated the applicant came back on November 28, 2013 and offered a different
amendment request to allow for the use of corporate colors on any sign that came in. She
stated the Board expressed concern that the applicant was trying to piecemeal his request
and not presenting a full amendment to the Master Sign Program. The applicant came
back to the Board on February 13, 2013 and resubmitted what he submitted on September
12, 2013 and the Board denied the whole request by a 7 to 0 vote.
Mrs. Butler stated the applicant is asking that he be allowed to use his
green and white corporate colors and staff recommends that the Commission uphold
SPRAB's decision based on their vote to allow for him to deny the sign.
Jake Korthals, 231 N.E. 16th Street, Regional Operations Supervisor
for Enterprise Rent -A -Car (applicant), stated the Board only had six (6) members and
it was tied with a 3 to 3 vote and it was tabled to be discussed at another meeting after
some clarification because at the next meeting Mrs. Butler was going to go over the sign
approval process. Therefore, they wanted to wait until they had an odd numbered Board
and they wanted to listen to Mrs. Butler's discussion about the sign approval process.
Mr. Korthals stated in- between then and the second meeting they went back and forth
with staff a few times and it was determined that the best course of action would be to
then change the entire Master Sign Program for the plaza. He stated he was acting as the
owner's agent and at that meeting SPRAB brought forth their idea that he needs to
address the entire plan. Mr. Korthals stated there is only a size restriction on the logo not
on a trademark.
Jim Knight, 10 S.E. 15t Avenue Delra Beach FL member of
SPRAB), stated he is pro - development and is one of the people that voted in favor of it
on a 3 to 3 vote. Mr. Knight stated the language in the code states that the landlord has a
right to change the sign code and commented that all signs have to come either through
staff or through the Site Plan Review and Appearance Board (SPRAB). He stated he
concurs with staff's comments and feels that staff needs to look at the Master Sign
Program with regard to the large shopping centers, etc.
Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, stated if the
Commission allows one person to slip out of the pattern of the signage they are opening
up a can of worms. Mrs. Finst stated the shopping center looks neat, clean and orderly
and you are allowed to have a corporate sign in the window.
Michael Grosh, Senior Property Manager and Representative for the
owner, resides in Boynton Beach, stated they have made great improvements to this
property and it is consistent. Mr. Grosh clarified that red is the color for the non - national
tenants; CVS is red because that is their trademark. He stated everyone else in the
shopping center other than Edward Jones Financial are not regionals; they are all very red
and match the exact color. Mr. Grosh stated they are not asking carte blanche privileges
for every other tenant but they only want the regional tenants which it states in the
criteria.
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04/16/13
There being no one else from the public who wished to address the
Commission, the public hearing was closed.
For clarification, Mrs. Butler stated when you do a Master Sign Program
whatever the Board establishes it does not matter what is in the document that the owner
presented because from the minutes of SPRAB staff captures what the Board actually
approved that qualifies it as a Master Sign Program and what the parameters are. Mrs.
Butler stated if the Commission is concerned about setting a precedent it is a simple for
the owner(s) to come back to the City and suggest what they would like to see changed
about the Master Sign Plan.
Mr. Korthals stated the language "the landlord may relax or enforce" and
noted that is put in to allow other tenants; it is not asking them to change it to re -write the
entire sign code. He stated as long as the sign is allowed by all the other aspects of the
code he can enforce or relax the restrictions set forth in the Master Sign criteria and
trademarks or logos are permitted. Mr. Korthals stated the only restriction on the logo
not on a trademark. Mr. Korthals stated he is asking for the rules of the LDRs and
according to the statement in the LDRs he should be able to have his trademark as his flat
panel sign. He stated suggested that the City send the message that they welcome
national businesses into the City not just local.
Mayor Glickstein asked what the problem is with amending the Master
Program to accommodate the tenant. Mr. Grosh explained that they did this in 2006 with
the approval of the City and now that the document is not acceptable to the City they
want them to review it again and revise it. Mr. Grosh stated now that the City does not
like it they have to do new criteria.
Mrs. Butler stated the Master Sign Program that they presented that got
approved allowed for the use of logos; however, all the other part of the sign had to be
red. Mrs. Butler stated the Master Sign Program was submitted by the owner in 2006 the
City did not do. Mayor Glickstein asked if the applicant is using that approval to apply
for this sign. Mrs. Butler stated when Enterprise came in they found they could use their
green logo but not use their white lettering and that is what he is appealing.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Frankel moved to approve the Board Order denying the appeal
(upholding SPRAB's decision), seconded by Mrs. Gray. Upon roll call the Commission
voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs.
Petrolia — Yes. Said motion to DENY the appeal was passed with a 4 to 0 vote.
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10.C. PROPOSAL FOR SETTLEMENT IN ELIZABETH BROWN/
BARRETTE BROWN v. CITY OF DELRAY BEACH: Consider a Proposal for
Settlement in the total amount of $225,000.00 in Elizabeth Brown /Barrette Brown v. City
of Delray Beach. Staff recommends denial.
The City Attorney stated this is a trip and fall case that is currently in
litigation and the Plaintiff has approximately $55,000 in medical expenses and claiming
$8,000 in lost wages that they are alleging was a result of a trip and fall on the brick
paver sidewalks down from the Snappy Turtle on the south side of Atlantic Avenue.
Staff recommends denial of the proposal for settlement in the amount of $225,000.
Mr. Frankel moved to deny the Proposal for Settlement in the amount of
$225,000, seconded by Mrs. Gray. Upon roll call the Commission voted as follows:
Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Frankel — Yes. Said
motion passed with a 4 to 0 vote.
10.D. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD:
Appoint one (1) regular member to the Public Art Advisory Board to serve an unexpired
term plus a two (2) year term ending July 31, 2015. Based upon the rotation system, the
appointment will be made by Commissioner Jacquet (Seat #2).
Due to his absence, Mr. Jacquet's appointment will be deferred to the next
regular meeting of May 7, 2013.
10.E. APPOINTMENT TO THE POLICE & FIREFIGHTERS
RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular
member to serve a two year term ending April 22, 2015 to the Police & Firefighters
Retirement System Board of Trustees. Based upon the rotation system, the appointment
will be made by Commissioner Jacquet (Seat 42).
Due to his absence, Mr. Jacquet's appointment will be deferred to the next
regular meeting of May 7, 2013.
13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
O.A. City Manager
The City Manager informed the Commission that there is currently a
suspicious package concern at the County Courthouse parking garage and is being
responded to by the Police Department and County Bomb squad.
Secondly, the City Manager stated he would like to defer his comment
about the Police Department until the next regular meeting when Dr. Kirson is present.
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04/15/13
U.B. City Attorney
The City Attorney stated on the sober house legislation which will
hopefully pass the House and Senate, he stated the House and Senate will ask DCF to
come up with a plan, talk about funding and get comments from DCF based on the City's
proposed legislation whether it involves licensing or registering of sober house homes
and they want that by October 1, 2013. The City Attorney stated staff hopes by going
through this process that there will be a favorable outcome for next year's legislative
session.
U.C. City Commission
U.C.I. Mrs. Petrolia
Mrs. Petrolia stated it was a great Goal Setting Session yesterday.
Secondly, Mrs. Petrolia stated the issue with the trees in the Hamlet is
worthy of looking into.
She stated she is glad that Commissioner Frankel commented on the
festivals /events and she feels that this will be great to address at a Workshop meeting.
Lastly, she commented about the audio in the Chambers and asked if this
can be checked.
13.C.2. Mrs. Gray
Mrs. Gray asked for an update on the beach pavilion.
Secondly, Mrs. Gray asked for an update on the Grade Level Reading and
suggested that Lula Butler and Janet Meeks be present at a Workshop meeting.
The City Attorney stated he attended a meeting last week and the bid will
be going out for the construction of the beach pavilion. Victor Majtenyi, Interim Director
of Environmental Services, stated this is going to be advertised Sunday, April 21, 2013
and will be a 30 day advertisement.
on the USTA.
Mrs. Gray thanked Bob, Roseanne, Chris Bean and everyone who worked
Lastly, Mrs. Gray reminded everyone to get their FED Cup tickets.
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04/16/13
B.C.3. Mr. Frankel
Mr. Frankel stated with regard to the Workshop meeting the Commission
held last week, there was a lot of positive feedback from people who had the ability to
watch at home.
Secondly, Mr. Frankel stated it was brought to his attention although it has
not been a problem in a year there has been four instances of the 911 dispatchers falling
asleep at the job.
13.C.4. Mayor Glickstein
Mayor Glickstein stated in terms of presentation times and the like he
asked how we are going to go about implementing that in our own procedure timing wise
as well as educating the public that the rules have changed in particular engineers,
lawyers and architects that are making presentations. He stated it would not be fair for
them to prepare for a 20 minute presentation and be told it is only 10.
The City Attorney stated staff can bring it back to the Commission and
noted this is in the Quasi - Judicial rules not in the rules of procedure. Mayor Glickstein
asked when the implementation date is. The City Attorney stated if the Commission
wishes he can bring it forward at the next meeting when they adopt it under the Consent
Agenda and if the Commission desires it can be effective right then. The City Attorney
stated staff would have to get word out that if there are any Quasi - Judicial Hearings
coming up at that particular meeting staff can notify them in advance that their timeframe
is 10 minutes not 20 minutes.
The City Manager stated a meeting format change will take approximately
three (3) weeks because it requires that staff go back to its vendor to change the computer
format. The City Manager also commented about the 3- minute timer and stated he
requested that it be present at three places: (1) the Mayor's spot, (2) the City Clerk's
space, and (3) somewhere else on the dais. The City Manager stated the City Clerk is
aware of a few systems that exist that give people prior warning when their 3 minutes is
about to expire.
Mayor Glickstein stated with regard to comments expressed by
Commissioner Frankel regarding the Federal Lobbyist the Commissioner cut that off too
soon because the context of how they were talking about it was in a much broader role of
a Federal Lobbyist. Mayor Glickstein stated he would like staff to go out with a very
tight specific whatever it is for an RFP for a Federal Lobbyist just for this issue. He
stated it gives this Commission the ability to say "yes" or "no" to something specific.
Mayor Glickstein stated the Commission needs to demonstrate to the taxpayers that the
City is doing everything that is feasible.
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04/16/13
The City Attorney stated changing the ADA is probably not going to
happen; however, HUD administers the Fair Housing Laws and there could be things in
that administration the way they currently view certain things.
The City Manager reminded the Mayor that according to his prior
discussion he would like the City Attorney to go out for an "P.
Mayor Glickstein suggested that the Police Chief address the Commission
or that the City Manager looks into this issue and report back to the Commission.
Mayor Glickstein stated with regard to Commissioner Gray's comment
about the Grade Level Reading Janet Meeks, Education Coordinator will speak at the
next Workshop meeting.
He commented about the parking issue in the Historic District and
suggested that this be a Workshop item and stated he would like the Police Chief to be
part of that discussion.
Mayor Glickstein asked the City Manager to look into the Hamlet issues.
He commented about the LDR issue and how we can get it under control.
Lastly, Mayor Glickstein concurs with Commissioner Petrolia's comments
regarding the Goal Setting Session and noted he spoke to Lyle Sumek and the City
Attorney that based on their experience with prior Commissions that was one of the more
productive meetings they ever had.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 10:29 p.m.
ATTEST:
AYOR
City Clerk
31
04/16/13
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 April 16, 2013, which Minutes were formally approved and adopted by the City
Commission on May 21, 2013.
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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04/16/13
IN THE CITY COMMISSION:
CHAMBERS OF THE CITY OF
DELRAY BEACH,. FLORIDA
ORDER OF THE CITY COMMISSION'
OF THE .CITY OF.DELRAY BEACH, FLORIDA
1. This appeal of the Site Plan Review and. Appearance Board's denial. of a-
request: to amend the Master Sign Program at Bed Bath & Beyond Plaza located at'
14832 S. Military Trail came before the .City Commission on April 16, 20'13.
2. The Appellee and City staff presented documentary evidence and
testimony to the: City Commission pertaining to the appeal of the Site Plan Review and
Appearance. Board's denial of. the request to amend the Master Sign Program.
associated with Bead Bath & Beyond Plaza. All of the evidence is part of the record in
this case. Required findings are made in accordance with Subsection I..
I. LDR REQUIREMENTS
A. Pursuant to, LDR Section 4,61(F)(2)(b), "Masten Sign Program ",
1:. Master Sign Program:. A Master Sign Program shall be approved
by the Site Plan. Review and Appearance Board or if the project is in a historic
district or historically designated site;. by the Historic Preservation Board. After
approval of a Master Sign Program, individual signs consistent therewith shall be
administratively' approved:
The applicant appeared before SPRA5, requesting an amendment to the
approved Master Sign Program for the Plaza (attached hereto as .Exhibit °A "), on
February 13, 2013 not acting as an agent for the plaza and proposed a sign with.
a height of 2'1 W, length.of 10' 3 ", and total square footage of 21'6 ". While. the
size of the sign is allowed by code, the applicant's proposed corporate colors
green, black and white do not meet the approved Master Sign color of red, The
"E" in the proposed. sign for the word "Enterprise" is green with the balance of the
letters being white with black returns. SPRAB voted to deny this -sig,n by a vote
of 7 =0. It is now before you' on appeal.
is the. Applicant's proposal consistent with the approved Master Sign
Program for the Bed Bath & Beyond Plaza?
Yes No f
City Commission Meeting on April 16, 2013; Item 103.
.3. The City Commission has applied the LaR. requirements in existence at
the time the original site plan was submitted.
4. The City Commission finds; there isi ample and. competent substantial
evidence to support its findings in the 'record submitted and adopts the facts contained
in the .record including but not limited to the staff reports, testimony of experts; and other
competent witnesses supporting these findings.
5 Based on the entire record before. it,. the. City C'ornmissio-n approves..
denies the appeal and hereby, adopts this. Order this 16th day of April, 2013; by
a; vote of 4 in favor and 0 a f
AT EST:, k#4 -A
Chevelle Nubin
City Clerk
City Commission Meeting on April 16, 2093; Item 10. B.