07-09-13 Regular Meeting MinutesJULY 9, 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, July 9, 2013.
1. Roll call showed:
Present - Commissioner Shelly Petrolia
Commissioner Alson Jacquet
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Cary Glickstein
Absent - None
Also present were - Louie Chapman, Jr., City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Paula Hayward, Board
Member of the Delray Beach Interfaith Clergy Association.
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 Workshop Meeting of
June 11, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows:
Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs.
Petrolia — Yes. Said motion passed with a 5 to 0 vote.
Mrs. Gray moved to approve the Minutes of the Regular Meeting of June
18, 2013, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows:
Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr.
Jacquet — Yes. Said motion passed with a 5 to 0 vote.
5. PRESENTATIONS:
5.A. Recognizing the Reverend Canon William H. Stokes for his dedicated
service to the City of Delray Beach
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Mayor Glickstein read and presented a proclamation hereby extending
heartfelt thanks and appreciation to the Reverend Canon William H. "Chips" Stokes and
applauds his longtime outstanding and exemplary dedication, multitudinous contributions
and accomplishments to the City of Delray Beach. Reverend Canon William H. "Chip"
Stokes came forward to accept the proclamation and gave a few brief comments.
5.B. Police and Fire Retirement Plan Presentation - Lewis Longman &
Walker P.A.
Mayor Glickstein stated this is not to debate pension reform but the focus
of tonight's presentation is intended for public disclosure regarding the financial
condition of the Police and Fire Pension Fund.
James W. Linn, Lewis Longman & Walker, P.A., Pension Counsel,
gave a brief overview of the City's Police and Fire Pension Plan and identified possible
options for lowering the cost of the Plan. Mr. Linn stated the City of Delray Beach has a
defined benefit pension plan for its Police Officers and Firefighters and is typical among
Florida cities and the kinds of problems that are facing the City's pension plan are not
unique to the City of Delray Beach. He stated these defined benefit plans mean that
employees earn a benefit based on their years of service and by State law the City is
responsible for ensuring that the Plan is funded on a sound actuarial basis. Mr. Linn
stated the market collapsed in 2008/2009 and made the problems come to the forefront in
these defined benefit plans and these plans have ended up costing more than anyone ever
thought that they would. The City's contribution to the Police and Fire Pension Plan for
last year (FY 2011 -12) is $7.41 million (35.2% of payroll); this year that cost went up to
$8.2 million (49.3% of payroll) and next year the actuarial report shows that the City's
contribution is going up another $1.51 million to $9.71 million (57.6% of payroll). Mr.
Linn stated over the last 7 years the City's contributions to the plan have increased almost
90% and the average cost that the City is bearing for each active Police Officer and
Firefighter is approximately $35,000. Mr. Linn briefly reviewed the amortization
payment of the unfunded liability is driving the cost of this plan; the normal cost $4.6
million and the cost to amortize the unfunded liabilities is more than the normal cost at
$5.0 million and this is what is driving the increases in pension costs. Mr. Linn stated the
current unfunded liability for the Police and Fire Pension Plan is almost $93 million. The
normal retirement age in the Delray Pension Plan is 55 with 10 years of service or 20
years of service regardless of age. Mr. Linn made reference to page 17 and gave a brief
overview of the FSU Collins Institute Report — November 2011 and stated the numbers
are based on the most recent actuarial report as of October 2012. He stated the Delray
Beach Police and Fire Pension Plan would be categorized as "F" with a funded
percentage of under 60% which means there were 57% of assets available to fund the
current liabilities.
Mr. Frankel stated on page 10 of the report it lists the projected unfunded
and accrued liability about $92.8 million and asked if that number starts to go down. Mr.
Linn stated that number is starting to go down. Mr. Frankel stated in year 2042 the
projected unfunded accrued liability is actually zero (0). Mr. Linn stated it has to be paid
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down over a period of not more than 30 years. Mr. Frankel stated in April 2009 the fund
was $85,184,788 and as of March 315 it is at $138,342,944 making a return on its
investment of $54,904,032. Mr. Frankel stated he has been on the Police and Fire
Pension Board since March 2008 and currently serves as Vice Chairman of the Board.
He feels there are many great members of the Police and Fire Departments and members
of the community who serve on this Board and who have served on this Board. Each of
them as trustees have spent countless hours to educate themselves in areas related to the
Board to fulfill their fiduciary responsibilities to the City and to the Plan. Mr. Frankel
referenced a newspaper article dated March 8, 2013 entitled Hollywood Police
Department is losing the officers to BSO "Nineteen officers plan to trade in their
Hollywood badges to take jobs with the Broward Sheriffs Office in the next few weeks,
a union official said. The exodus comes at a time of lingering outrage over pay cuts and
drastic pension reform." Mr. Frankel stated Delray Beach needs to be competitive with
other cities in this area. Mr. Frankel stated it is time for our city especially with the
economic upturn to support the Police and Fire instead of cutting more.
Mr. Jacquet thanked everyone who serves in the Delray Beach Police and
Fire- Rescue Departments for everything that they do. He stated there is a possible "win -
win" and everyone needs to come to it. Mr. Jacquet stated there are obvious concerns
with regard to the fund and obvious concerns with regard to the men and women of the
Police and Fire - Rescue Department. Mr. Jacquet stated he is looking forward to the
negotiations and making sure that we can come back with something that will make both
sides happy.
Mrs. Petrolia asked how Mr. Linn calculated the figure of $35,184
(average City Cost per active Police Officer /Firefighter). Mr. Linn stated he took the
City's current contribution of $8.2 million dividing it by the number of active Police
Officers and Firefighters. Mrs. Petrolia stated she has been following these pension plans
for many years and the Police and Fire Pension issues is not a local issue but it is a
nationwide issue. She stated across the nation we are seeing pension plans bankrupting
cities and causing large companies to go out of business. In her opinion, Mrs. Petrolia
stated the numbers are not sustainable. Mrs. Petrolia stated the issues with the Police and
Firefighter Pension Plan as she sees them is that they are flanked with unrealistic returns
on investment, plan discount rates that are too high and grossly understate the City's
liability, survivor benefits that do not make sense to her, poor investment decisions that
have been made based on Plan results. Mrs. Petrolia stated she feels we do not have the
best decision makers making the decisions on this Plan and the City is currently
somewhere between $28,000 - $35,000 for an active Police Officer/Firefighter just to
maintain an underfunded pace. Mrs. Petrolia suggested that the City take control over the
Plan.
Mrs. Gray asked if the fund does not perform what is the reason the City
of Delray Beach has to make sure that it is funded. Mr. Linn stated State law requires
that the Plan be funded on a sound actuarial basis which means if investment return and
other factors do not meet the assumptions in the Plan then the City has to make up the
deficit. Mrs. Gray stated she supports the Police and Firefighters and everyone knows
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what they do is important. Mrs. Gray stated over the last couple of years she feels the
City has done a lot of things with the new hires and other cutbacks. Mrs. Gray concurs
with Mr. Jacquet that there will be a happy medium for both sides to resolve this issue.
Mayor Glickstein stated the Commission needs to take seriously the
problems Mr. Linn highlighted which have been growing for years and are significant
and complex. Mayor Glickstein stated there is no interest or intent on his part in
dumping the defined benefit pension plan for any of the employees. As both a taxpayer
and elected steward of taxpayer money he is not pleased with the performance or
management of the Police and Fire Pension Fund nor is he pleased that it falls to this
Commission to disclose to taxpayers a complete and accurate picture of the difficult
position the Commission is in which has been years in the making. Mayor Glickstein
stated it is troubling that the Police and Fire Pension Fund had its best investment
performance since the 1990's yet the City's pending payment contribution to the pension
of approximately $9.7 million represents an 18% funding increase over last year on top of
an 11% increase the year before. The City's payment contributions have increased 87%
doubling since 2008 from $5.2 million (4% of General Fund budget) to $9.7 million
coming up which is approximately 10% of the General Fund budget. He noted that the
number of covered employees has not really increased during the same period. Mayor
Glickstein stated the Plan's unfunded liability (amount the City must pay by law into the
pension fund to cover all benefits) increased from $33 million to $93 million. Mayor
Glickstein suggested that there be honest dialogue with all stakeholders about workable
solutions and stated the City is a steward of taxpayer money and they have very high
expectations as do the taxpayers for who is managing their money and he is not pleased
with how it has been done.
6. Comments and Inquiries on Agenda and Non - Agenda Items from the
Public Immediate!j Following Presentations
6.A. City Manager's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and
inquiries.
6.B. From the Public.
6.B.1. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive
Unit "C ", Delray. Beach, FL 33483, read a brief statement into the record about the
Regal Cinemas in Delray Beach and stated Regal is closing and $30 million dollars that
usually goes to the eateries to support the restaurants half will go to Boca and half will go
to Boynton. Mr. Blum stated Delray Beach is losing a tremendously valuable asset to
this community. He urged the Mayor and the Commission to be pro - active in
maintaining this valuable city asset.
6.B.2. Alice Finst, 707 Place Tavant,DelrM Beach, FL 33445, briefly spoke
about Phyllis Plume who was very active in the community. She stated services will be
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at 9:30 a.m. on Saturday, July 13, 2013 at St. Paul's Episcopal Church. Mrs. Finst
recognized Betty Matthews who actively worked to preserve the beach and the barrier
islands and other residents like Chip Stokes.
6.B.3. Mariorie Ferrer, Executive Director of the Downtown Development
Authority (DDA), stated the DDA is partnering with Sun Trust Bank on Atlantic Avenue
and is producing an employee appreciation event and extended a personal invitation to
the Commission. Mrs. Ferrer stated from 10:00 a.m. - 4:00 p.m. the Miami Dolphin
cheerleaders will be there for photographs to thank all the employees in the businesses
downtown including the City employees. She stated this is a free event with raffle give -
a -ways and there is a V.LP. reception at the bank.
6.B.4. Ron Gilinsky, speaking on behalf of the Police Department, stated he is
fighting for the Police Department to get raises that they have not had in five years. Mr.
Gilinsky stated Delray Beach is the lowest paid Police Department in South Palm Beach
County. He stated Delray Beach is about to lose a fair amount of officers to other
agencies and urged the Commission to show how much the Police Department is
appreciated.
6.B.5. Gary Ferreri, Delray Beach Police Department, read a brief statement
into the record about an incident that occurred two weeks ago involving a Police Officer
who was responding to an incident two blocks behind City Hall where he was robbed,
had a gun put to his head, and openly shot at. Mr. Ferreri stated the Officer was not hurt,
however, these are the kinds of things that the Police Department deals with in the city.
He stated it is their understanding the City is exploring various options and changes to the
current Police and Fire Pension Plan. Mr. Ferreri stated the Police Department is losing
faith and trust in the City of Delray Beach. He stated in 1995 Delray Beach had 7,500
Part I crimes (i.e. homicide, sexual assault, robbery, aggravated assault, burglary, larceny
and grand theft auto) and today Delray Beach averages less than 3,500 Part 1 crimes per
year. Mr. Ferreri stated he and other officers have spent the past several weeks
comparing salaries and benefits at surrounding agencies considering the pros and cons of
starting their careers over for another municipality that supports public safety personally,
financially and competitively.
Mayor Glickstein stated the Commission recognizes that defined benefit
pension plans are one important tool to keep in particular younger officers vested in the
community and they become that next level of leadership here so that 30 years from now
they can look back they will have the same stories as some of the department heads that
are leaving now are having with the younger members of the department. He stated
everyone recognizes that a town without a first rate Police and Fire Department is like a
country without its own currency; you have no identity. Mayor Glickstein stated the
Commission is going to work very hard to protect the Police and Fire benefits and they
recognize it is an important part of why they signed onto this job.
6.B.6. Carol Gevirts 1061 Orange Terrace 4101 Delrwy Beach FL 33445
briefly spoke about an upcoming Education Forum at the Village Academy on
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Wednesday, July 24, 2013 from 5:30 p.m. - 7:30 p.m.
6.13.7. Vinnie Gray, Sergeant with the Delray Beach Police Department and
speaking on behalf of the Palm Beach County Police Benevolent Association (PBA),
read a brief statement into the record and briefly discussed some issues with Mr. Linn's
presentation.
6.13.8. Kenneth MacNamee, 1049 Del Haven Drive, Delray Beach, FL 33483
(former CPA, CFO, and Retirement Plan Administrator and Trustee who made
investment decisions), stated the Delray Beach Retirement Plan for the benefit of its
Police Officers and Firefighters is in critical financial condition and he represents the
taxpayers.
6.11.9. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, stated the
Palm Beach County Tax Assessor's Office recently reported that the City's taxable
values are going to be up 6.5% which is the second highest increase of all the
municipalities in the county. Mr. Warner urged the Commission to cut the millage rate
and asked for someone to explain what the rolled back rate is. He urged the Commission
to speak about essential services versus non - essential services. Mr. Warner commented
about the audio of the Town Hall meeting and noted the City Manager stated that the
budget process is being built around "specific goals and needs." Mr. Warner stated he
sent the City Manager an email asking him what the specific goals and needs of the
budget process are. He asked if staff can inform the public what the plan is for the
budget meetings and public hearings.
Secondly, Mr. Warner stated approximately six weeks ago he was talking
about there being too many websites in the city and asked for a little bit of consolidation.
Mr. Warner thanked Mrs. Petrolia and Commissioner Frankel for their assistance.
6.13.10. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane 42110, . Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), thanked Commissioner Frankel for giving the
facts the way they are and Sergeant Vinnie Gray for presenting his viewpoint. In his
opinion, Dr. Kirson stated this is a campaign against the Police and Fire Pension Fund.
Dr. Kirson stated to take any action against this plan would be irresponsible or stupid.
6.11.11. Robert C. Schwartz, 555 S.E. 6th Avenue, Suite #1 -G, Delray Beach,
FL 33483, stated the one thing that he sees missing almost every day in Delray Beach is
the attraction of people and therefore dollars from outside Delray Beach. Mr. Schwartz
stated like a nation which is trying to get a favorable balance of trade no matter what you
do internally if the amount that you sell outside is less than the amount that comes in it is
a worse balance. He stated Delray Beach is unique and can achieve the balance which
comes from the outside protecting everyone inside.
At this point, the time being 7:44 p.m., the Commission moved to Item
10, Public Hearings.
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10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 41 -12 (SECOND READING /SECOND PUBLIC
HEARING): Consider a privately- initiated rezoning request from POC (Planned Office
Center) to SAD (Special Activities District) for Delray Place located at 1801 and 1845
South Federal Highway. (Quasi - Judicial Hearing)
The caption of Ordinance No. 41 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED PLANNED OFFICE CENTER (POC) DISTRICT
TO SPECIAL ACTIVITIES DISTRICT (SAD); SAID
LAND BEING LOCATED AT THE SOUTHEAST
CORNER OF LINTON BOULEVARD AND SOUTH
FEDERAL HIGHWAY, AS MORE PARTICULARLY
DESCRIBED HEREIN; ESTABLISHING THE USES
AND REGULATIONS FOR THE SUBJECT
PROPERTIES UNDER THE SAD ZONING;
AMENDING THE "ZONING MAP OF DELRAY
BEACH, FLORIDA, JANUARY 2012 "; AMENDING
THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 4.4.25(G), "S.A.D.S ", TO ADD
SUBSECTION (11), " DELRAY PLACE" TO THE LIST
OF APPROVED S.A.D.S; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 41 -12 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.
Chevelle D. 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. Mr. Frankel stated he met with the applicant, the attorney for the
applicant, he received several emails located on the City email server and followed the
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spirited discussion on Delray Raw regarding this. Mrs. Gray stated she spoke to the
applicant, Mr. Weiner, Kellie Freeman, former Commissioner Fred Fetzer, and she
received emails and telephone calls. Mrs. Petrolia stated she has received emails,
telephone calls from residents, and Kellie Freeman. Mr. Jacquet stated he received
numerous emails and messages and he had a conversation with Mr. Linn who is with the
applicant. Mayor Glickstein stated he received numerous emails and has not spoken
directly with anybody about the project.
Ron Haggard, AICP, Principal Planner, entered the Planning and Zoning
Department project file 42012 -059 and file 92012 -223.
Ron Haggard, AICP, Principal Planner, stated the property is located at
the southeast corner of Linton Boulevard and South Federal Highway (1801 and 1845
South Federal Highway) just under ten acres (995). Mr. Haggard stated originally the
applicant submitted a rezoning request to go to Planned Commercial (PC) development.
He stated that went through the system and based on the residents' concerns with
compatibility with the adjacent neighborhood to the rear it was decided that this should
be rezoned to SAD instead of PC. Mr. Haggard stated the rezoning application was
amended and the request is now for SAD zoning. The first reading of the ordinance
before the City Commission was November 2012 then it went to the Site Plan Review
and Appearance Board in December and the Board recommended denial and the
applicants asked to have them reconsider that to give them a chance to address the issues
and to come back before that Board. Mr. Haggard stated SPRAB agreed to do that and
came back to the Board on March 13, 2013. He stated SPRAB had an issue with the
corner of the property and tabled the site plan, landscape plan, and architectural
elevations but they did approve the waivers. Mr. Haggard briefly reviewed the five (5)
associated waivers. The Board also recommended approval to the City Commission of
the following two (2) waivers: (1) A waiver to LDR Section 4.4.25(D)(1), for pavement
encroachment into the required 15' perimeter setback for the SAD zoning district, for the
driveway /parking aisle along Linton Boulevard and the outdoor dining area along the
south side of the 400 building, (2) A waiver to LDR Section 4.6.9(D)(3)(c), Stacking
Distance, to reduce the required 50 foot stacking distance between a right -of -way and the
first parking space or aisle way in a parking lot to twenty -seven (27) feet for the two
entrances on Linton Boulevard and thirty -three (33) feet for the entrance on Eve Street.
SPRAB approved the site plan, landscape plan, and architectural elevations at that
meeting with conditions listed in the staff report. Mr. Haggard briefly reviewed the site
plan issues with the project.
Jeffrey Lynne, Weiner, Lynne & Thompson, P.A., 10 S.E. 15t Avenue,
Delray Beach, FL 33444 (representing the applicant), stated he was blessed to be able
to spend the 4th of July with his children and family on the beach and it was wonderful.
However, Mr. Lynne stated there were bad rip currents that day and commended the
lifeguards who were doing a great job.
At this point, Mr. Lynne briefly discussed the project.
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Ron Collins, Attorney representing Tropic Isles Homeowners' within
Tropic Isles, stated his clients homes are placed in such a way that they are the most
affected people and the most proximate people to this new development and have asked
him to help them protect their interests. Mr. Collins stated there are a number of
conditions that are before the Commission and if this project is approved that the
Commission do so by incorporating all of those conditions and the phasing shown on the
site plane then they support the project. He stated with the protections the developer has
been willing to provide the quality of life will be substantially protected and the impacts
upon their quality of life from this development will be sufficiently mitigated to the point
where they can be supportive. Mr. Collins stated Mr. and Mrs. Schnabel were a member
of their group but chose to leave because they have a special issue that is very important
to them and will speak independent of his group and he does not represent them any
longer.
Mayor Glickstein declared the public hearing open.
Terra Spero, 417 N.W. 7th Street, Delray Beach, FL 33444, stated she
was asked by the client Delray Place to create a social media presence for them and to get
some community feedback as to what the people are thinking about the project and to get
some people who can share their opinions on it. Ms. Spero briefly spoke about the
project on Facebook and stated the feedback was great and in 18 days 501 people said
they liked the page and the project.
Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive
Unit "C ", Delray Beach, FL 33483, stated he supports what is being presented tonight.
Mr. Blum stated it is absurd that this project has taken 18 months for this project to get
off the ground. He does not feel that a homeowners' association in the city have to hire
attorneys to protect their rights and feels the city should be looking after everybody's
rights.
Lori Allen, 2032 Valencia Drive, FL 33445, stated she has known Joe
Carosella, President of Retail Property Group, Inc. (RPG) for over ten years and as a
local realtor and friend she has seen the level of workmanship and the quality of his
project. Ms. Allen urged the Commission to approve Delray Place.
Nancy Richards, 934 Cypress Drive, FL 33483, urged the Commission
to vote for Delray Place without any further conditions and/or delays. Mr. Richards
distributed photos of homeless people living in one of the buildings. She stated the plans
are upscale and attractive and noted Retail Property Group, Inc. (RPG) works with
quality tenants who are needed in this area of the city. Ms. Richards stated an increase in
the tax base will be a starting stimulus and add a positive economic impact to the
approved redevelopment of the South Federal Highway Plan. She stated in their area of
the city there is a long tradition of residents going to the major shopping centers in Boca
Raton or Boynton Beach and we now have the opportunity to secure Delray Beach for the
benefit of all Delray residents and keep Delray resident money and local jobs here.
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Karen Granger, President and CEO_ of the Delray _Beach Chamber of
Commerce, stated Delray Place represents a $30 million private investment for
redeveloping that part of South Federal Highway. Ms. Granger stated this will add an
elegant and attractive shopping destination to that part of town. She stated this project is
approved by SPRAB and endorsed by the residents. Ms. Granger stated the Chamber is
in full support of this project.
Grea Weiss, 65 S.E. 5fh Avenue, Delray Beach, FL 33483 (Economic
Chair for the Delray Beach Chamber of Commerce), speaking on behalf of the
Economic Development Committee, stated they are convinced that this is going to be the
beginning of fiu-ther much needed economic development throughout the whole South
Federal Highway Corridor which can only benefit the residents and businesses that are
there right now. Mr. Weiss urged the Commission to approve the applicant's request.
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 fought this project every meeting for 11 /z
years and there were reasons it had to be fought because it was wrong. Dr. Kirson stated
now it is a go and noted that residents are looking forward to getting in their car driving
eight blocks, getting out, eating, getting back in their car and going home.
Mitch Katz, President of Bexley Park, stated he has spoken to a lot of
his neighbors who want to see this project happen. Mr. Katz stated there is a dilapidated
plaza on the northeast corner of Atlantic Avenue and Military Trail. He stated by the
Commission approving this project that will show developers that Delray Beach is a
place to build this type of project. Mr. Katz stated he travels around the country on
business and these types of projects is what is going up in up and coming cities.
Nancy SchnabeI, 901 McCleary Street, Delray Beach, FL 33483, stated
if Delray Place is built to the current site plan and it will have a devastating effect on her
home; quality of life and market value. Ms. Schnabel stated the developer agrees that her
home is the most impacted by this project; the project is unique because it is the only
home that abuts Delray Place on two sides. She stated there is going to be a 23 foot high
loading dock on the west side of her property just 35 feet to the west of their home and all
truck traffic is going to be directed in from Federal Highway by her house and out;
Building 600 behind her house is an 18 foot high building and it is only 15 feet from the
property line; it runs the entire length of their property and extends 10 feet to the west of
their property. She stated her home will look and feel like a prison. Ms. Schnabel stated
their issue is line of site and because of their unique location they have repeatedly
requested relief from the developer on one of the sides of their property. Ms. Schnabel
urged the Commission to vote "no" with the current site plan and request the developer to
redesign the Linton Boulevard portion of the project to minimize the effect on McCleary
Street.
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Stephen Michael, 909 McCleary Street, Delray Beach, FL 33483,
stated his home extends beyond the 600/700/900 buildings and adjacent to Bill and
Nancy Schnabel. Mr. Michael stated in the best interest he does not agree with Mr. &
Mrs. Schnabel that Linton Boulevard #600 will close in their visibility and view. He
stated he will have the same north looking view behind Building #700 and he will also be
looking at the 600 and 900 Building as his property extends all three buildings. Mr.
Michael stated the developer has worked diligently over the last two years to meet with
all interested and affected residents and has resolved a lot of the issues that he has had
and issues that the rest of the neighbors have had. He stated this is a wonderful lifestyle
addition to Tropic Isle and the City of Delray Beach. Mr. Michael urged the Commission
to support the project as it is presented and stated. this project has been approved by
Planning and Zoning and SPRAB and meets the required the standards, site planning,
rezoning, and it is consistent with the City's desires in the South Federal Highway
Redevelopment Plan.
Bob Wiebelt, 955 Jasmine Drive, Delray Beach, FL 33483 (Tropic
Isles) and ovens the Delray Plaza at 2275 South Federal Highway, stated South
Federal Highway has been waiting years for redevelopment and he has attended
numerous meetings where the developers tried to accommodate the concerns of the
adjacent residents. Mr. Wiebelt stated Delray Place will be the catalyst for
redevelopment of South Federal Highway, it will bring needed jobs and added tax base to
the city. He urged the Commission to support this project.
Vin Nolan, Economic Development Director for the Community
Redevelopment Agency (CRA), stated he was taking a counter position to his
colleagues in Planning and Zoning who at the time did not like the outlook on the site
plan and thought that the Special Activities District (SAD) approach might not be the
right thing to do. Mr. Nolan urged the Commission to support moving forward with an
important critical piece of the economic development infrastructure.
John Koenig, 956 Evergreen Drive, Delray Beach, FL 33483 (Tropic
hle J, stated this project meets the required standards for site planning and rezoning and it
is consistent with the intent desired to the South Federal Highway Redevelopment Plan.
Mr. Koenig urged the Commission to support this project without any further delay.
Kellie Freeman, 917 Banyan Drive, Delray Beach, FL 33483
(President of the Tropic Isle Civic Association), stated there is a group of homeowner
association presidents and commercial developers and commercial property owners along
South Federal Highway who are really working to make that a nicer area. Ms. Freeman
urged the Commission to support this project so that South Federal Highway can be the
gateway into Delray Beach.
Richard Van Gemert, 912 Eve Street, Delray Beach, FL 33483, stated
with regard to the Special Activities District (SAD) the City's Code under Section 4.4.25
stated "the uses, activities, and characteristic of SAD zoning are to be suitable and
compatible with the surrounding existing development and with the proposed character of
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the area." Mr. Gernert stated this project meets none of those requirements and urged the
Commission to vote "no" and show everyone in Delray Beach that the rights of the little
people do matter. He stated great government leadership is not defined by how many
new businesses, stores, etc. that you can build but rather how you can protect the rights
and properties of the people the Commission represents.
Robert Sarna, 201 N.E. I't Avenue, Delray Beach, FL 33444 (has
owned property for approximately 16 years), stated the city is moving forward and this
is the gateway to the city with private enterprise driving the force. Mr. Saraga stated he
has known the developer for over 20 years who will live up to his stipulations for many
years to come.
Tony and Sheeno Sharma, 7363 Sedona Way, Delray Beach, FL
33446, stated that if the developer is willing to put up $30 million as an investment and
jobs then the community should be supporting them. Mr. Sharma stated there are always
downsides to putting up a project like this and feels we need to look at this in an open
minded fashion. He stated the overall experience that is going to come with this
development is going to be very high for that part of town. Mr. Sharma urged the
Commission to support this project_
Brid ette Wiebelt 955 Jasmine Drive Delray Beach FL 33483
(Tropic Isle — lived in Delray Beach for 28 years), stated Delray Place will be the
catalyst for change and improvement along this blighted roadway. Ms. Wiebelt stated
over the last 30 years she has watched some wonderful planning and development in
many of the areas of Delray Beach. She urged the Commission to approve the Delray
Place project without any delay. Ms. Wiebelt stated the Retail Property Group, Inc. are
true professionals and are quality developers. She stated Delray Place will help to
beautify the southern gateway into Delray Beach.
Chris Metzger, 1734 Del Haven Drive, Delray Beach, FL 33483, urged
the Commission to support this project because it is going to be able to benefit the
community.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 41 -12, the public hearing was closed.
There was no cross - examination or rebuttal.
Mrs. Gray stated when she spoke to residents one of their main concerns
was that they were told that a Trader Joe's was coming and asked if there is a tenant
contract or lease for Trader Joe's. Mr. Lynne stated he has seen documents and leases
going back and forth but he is not at liberty to discuss what that business arrangement is
under the terms of the Letter of Intent that were entered into with that entity. Mr. Lynne
stated it is the intent to continue to have negotiations with a certain grocer and this project
should not live or die based upon a single tenant.
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07/09/13
Mrs. Petrolia stated she understands that the open space went from 16.2%
to 25.3% and asked where the majority of the open space is located. Mr. Hoggard stated
the majority of the open space is located at the very end by the bridge. Mr. Hoggard
stated that entire space is less than 10 %. Mrs. Petrolia asked about the 54 space deficit.
Mr. Hoggard stated there is a 54 space deficit based on 4 spaces per 1,000 but there is no
real requirement for SAD; it is based on the site plan. Mr. Hoggard explained that a
typical shopping center in the traditional zoning districts in the city would require 4
spaces per 1,000. Mrs. Petrolia inquired about the 18 foot wall. Mr. Hoggard stated that
extended the wall that was there to 18 feet but in actuality the existing is lower and the 18
foot wall is 15 feet away and there is a division with the landscape in between. Mr.
Hoggard stated based on the elevations on the survey the one -story office building is 15
feet high. Mrs. Petrolia stated she agrees that something needs to be done with this parcel
of land; however, she expressed concern over the houses that abut this property especially
the corner house because they are impacted by noise and a wall that could potentially be
blocking their view of the sky. She asked if any of those properties that will be abutting
these new buildings have been given the same the renderings as everyone else of how
beautiful it looks from the front and how it is going to impact the back of their homes.
Brief discussion by Mr. Lynne followed.
Mrs. Petrolia inquired about the wall in the rear.
Mr. Collins stated there are five (5) houses that backup to the project; the
first one to the left belong to the Schnabels; the next two belong to Mr. Michael who
spoke in favor of the development; the next one he does not know about but the one after
that belongs to Dr. Andy Gross who supports the development and has a special issue
which requires the approval that is consistent with the phasing plan that has been agreed
to.
Dodi Glas, Planner, stated initially there was a building that was
presented that staff did not like because they wanted the variation in the back and one of
the things that was discussed is creating these areas between the buildings and breaking
up the buildings. She stated they did that and added architecture to that rear elevation as
well and reduced the height from 23 feet to 18 feet on the rear of those. Mrs. Petrolia
confirmed that the building wall itself is going to be 15 feet from the property line. Mrs.
Petrolia asked if anyone has done a rendering or explained to the 5 or 7 houses where that
wall is actually going to cut off so they will not see the sky especially even from the
inside of the house. Ms. Glas stated renderings from the rear of the building are in the
Commission backup and the building and the existing landscaping was looked at and that
was part of the discussion at multiple SPRAB meetings.
Mark Saltz, Architect, stated the drawing of the rendering of the rear was
presented at the meetings with the neighborhood. Mr. Saltz stated when this was
originally presented the wall was 23 feet high and 15 feet away from the property lines.
He stated they received feedback from the neighborhood and consequently reduced the
rear wall from 18 feet to 15 feet away and provided an additional buffer for any sound
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07/09/13
that would come from any of the air conditioning units and screening within the roof area
of the building to minimize the impacts to the neighbors. Mrs. Petrolia asked if there is a
loading dock in between that building and the next building and asked if they expect that
pedestrian traffic is going to go from the corner across the loading dock to connect to
those buildings and that is why they do not want to remove that corner building. Mr.
Saltz stated the pedestrian traffic will be crossing over a driveway and there is continuous
paver sidewalk that connects both in front of the corner entrance and goes continuously
across and connects all of these buildings on Linton Boulevard.
Mayor Glickstein stated the buildings on Linton Boulevard are now
located 10 feet off the property line. Mr. Lynne stated they are currently 10 feet and they
will be 15 feet.
Mayor Glickstein stated if this project is truly successful he sees major
problems with the parking. Mr. Hoggard stated the applicant has indicated that the
parking is adequate based on their experience in their other centers; they have given staff
a parking study based on ITE (Institute of Transportation Engineers) parking generation
rates that shows the parking meets the requirements of ITE (2.94); they have reduced the
overall restaurant to 20% instead of 25 %. Mr. Haggard stated in some shopping centers a
lot of the parking is in the rear non - usable parking) and Wal -Mart on Military Trail has
21 % of its parking that is in the back of the building. He stated there is a trend now to
reduce parking in general and noted LEED gives you points for minimizing the parking.
Mr. Haggard stated based on the studies they gave staff and based on the applicant's
experience of the other shopping centers of the other mixes of their other uses and two
other shopping centers that those have adequate parking. Mayor Glickstein stated from
his own experience that 3%2 spaces per 1,000 in a highly successful retail center is going
to be problematic and asked Mr. Hoggard if that problem materializes how are we going
to solve it. Brief discussion between Mr. Hoggard and Mayor Glickstein continued
regarding the safety issues of the parking. Mr. Hoggard stated he is comfortable that the
parking is going to work.
Mrs. Gray thanked staff for the excellent job they have done working with
the developers and the residents to present this project. In addition, Mrs. Gray thanked
former Mayor Dr. Jay Alperin for his leadership and suggestion that the City look into
SAD for this project. She stated the developer has made many concessions and tonight
the Commission has heard from some of the most affected residents and they all agree
that this is a good project with the exception of a few. Mrs. Gray stated this project will
be a catalyst and an anchor to attract more businesses and the number one thing is this
will bring jobs to the community.
Mr. Frankel recognized former Mayor Alperin who when this was first
discussed months ago proposed the SAD rezoning because of the problems with Wal-
Mart and issues Tropic Isle had several years ago. Mr. Frankel also recognized Kelli
Freeman, Ron Hoggard, and Mr. Lynne because it shows how far this project has come.
Mr. Frankel stated when he first met with Mr. Carosella to discuss this project he was not
in agreement and feels he did not take the residents of Tropic Isle and those nearby into
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07/09/13
consideration but he is proud of the work Mr. Carosella has done (i.e. the extra conditions
he added). Mr. Frankel stated everything Mr. Carosella did make this project a winner
and this is huge for Delray Beach and Palm Beach County. Mr. Frankel stated based on
the presentations it does meet LDR Sections 2.4.5, 3.1., and 3.2 to support the rezoning.
He stated the hours that have been spent on this project make Delray Place compatible
with the area and eliminates an eyesore at a major intersection, it is a $30 million
investment; it increases the tax base, and 'increases employment.
Mr. Jacquet stated he loves the fact that they have worked with the
neighbors and the community. He thanked Kelli Freeman, all the Tropic Isle residents,
Ray Kemp and all the Tropic Bay residents for coming together to make this project
better than it was. Mr. Jacquet concurs with Vin Nolan that we do not want to pass up
something good waiting for something perfect. Mr. Jacquet expressed concern over the
wall in the back and the view for the private owners but at the same time another man on
McCleary Street spoke very positively on the effect it would have on his property. Mr.
Jacquet stated this is a great project and commended the developer's ability and
willingness to meet over a period of time with the residents, to meet with staff, and come
up with a project that is much better than it was before. Mr. Hoggard stated this is
surrounding by arterial roadways and any parking problem is going to be a problem of
this center itself and no way for it to really spill over to the neighborhood. He stated
anything that happens is going to affect the leases and the tenants, and the developers.
Brief discussion followed regarding the parking.
Mrs. Petrolia stated she would like to see this project happen but
expressed concern over the SAD requirement that it must be suitable and compatible with
the surrounding existing development which would include those homes and is not sure
that this has been met yet. Mr. Hoggard stated this is a commercial corridor so it is
within that framework.
Mayor Glickstein stated he is heartened by the amount of support and
encouraged by the lack of public objection. He stated the reason. the SAD zoning was
suggested by the Planning and Zoning Board was because people were upset that after
Wal-Mart that we proceeded to do the South Federal Highway Overlay District but
because this particular corner had already made application they were outside of
whatever was prescribed in that overlay. Mayor Glickstein stated they were exempt
because they had already made application and so the SAD was suggested as a way to
bring them back into that process whereby the site plan would require the same public
input that the Overlay District properties would. He stated the economic advisers and the
people that support this are 100% correct that this corner desperately needs a catalyst.
Mayor Glickstein stated he is troubled by the expectations of people like Mr. and Mrs.
Schnabel who move into an area with the reasonable expectation that they are going to
live behind or adjacent to this POC zoning and that zoning is now changed in a way that
impacts them more than anybody else. Mayor Glickstein concurred with the resident that
homeowners associations should not have to hire lawyers to protect themselves and it is
up to the City to look after people that have those reasonable expectations. Mayor
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Glickstein stated the need to get something going in that part of the city is paramount to
the difficult decision it is regarding Mr. and Mrs. Schnabel and the other people on that
street that are going to be impacted by this and expressed concern that the developer did
not do a little more to address their acute situation.
The City Attorney stated Mr. Collins mentioned something about the
phasing requirements in the site plan. Mr. Hoggard clarified that this is included with the
site plan.
Mr. Jacquet moved to adopt Ordinance No. 41 -12 on Second and FINAL
Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs.
Gray -- Yes; Mayor Glickstein — Yes; Mrs. Petrolia — No; Mr. Jacquet — Yes; Mr. Frankel
— Yes. Said motion passed with a 4 to 1 vote, Mrs. Petrolia dissenting.
10.A.1. WAIVER REQUESTS: Consider approval of two (2) waiver requests to
Land Development Regulations (LDR) Section 4.4.25(D)(1), "Development Standards ",
for pavement encroachment into the required 15' perimeter setback for the SAD zoning
district, and Land Development Regulations (LDR) Section 4.6.9(1))(3)(c), "Stacking
Distance ", which requires a stacking distance of 50' for parking areas that contain 51 or
more parking spaces for Delray Place located at the southeast corner of Linton Boulevard
and South Federal Highway. (Quasi - Judicial Hearing)
The caption of Ordinance No. 41 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED PLANNED OFFICE CENTER (POC) DISTRICT
TO SPECIAL ACTIVITIES DISTRICT (SAD); SAID
LAND BEING LOCATED AT THE SOUTHEAST
CORNER OF LINTON BOULEVARD AND SOUTH
FEDERAL HIGHWAY, AS MORE PARTICULARLY
DESCRIBED HEREIN; ESTABLISHING THE USES
AND REGULATIONS FOR THE SUBJECT
PROPERTIES UNDER THE SAD ZONING;
AMENDING THE "ZONING MAP OF DELRAY
BEACH, FLORIDA, JANUARY 2012 "; AMENDING
THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 4.4.25(G), "S.A.D.S ", TO ADD
SUBSECTION (11), " DELRAY PLACE" TO THE LIST
OF APPROVED S.A.D.S; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
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07/09/13
(The official copy of Ordinance No. 41 -12 is on file in the City Clerk's
office.)
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. Jacquet moved to adopt the Board Order approving the two (2) waiver
requests, seconded by Mrs. Gray. Upon roll call the Commission voted as follows:
Mayor Glickstein — Yes; Mrs. Petrolia — No; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs.
Gray — Yes. Said motion passed with a 4 to 1 vote, Mrs. Petroha dissenting.
11. FIRST READINGS:
A. None
At this point, the time being 10:03 p.m. the Commission moved back to
Item 7 of the Agenda.
6. AGENDA APPROVAL.
Mrs. Petrolia moved to approve the Agenda, seconded by Mr. Jacquet.
Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes;
Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a
5 to 0 vote.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. RESOLUTION NO. 15 -13 (TAX EXEMPTION REQUEST FOR
ELIGIBLE IMPROVEMENTS /124 NORTH SWINTON AVENUE): Approve a tax
exemption request for eligible improvements to the property located at 124 North
Swinton within the Old School Square Historic District; and approve Resolution No. 15-
13.
The caption of Resolution No. 15 -13 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, GRANTING
AN AD VALOREM TAX EXEMPTION TO ISABELLA
I: INVESTMENTS, LLC. FOR THE HISTORIC
REHABILITATION OF THE PROPERTY LOCATED AT
124 NORTH S W INTON AVENUE, AS FURTHER
DESCRIBED HEREIN; DETERMINING THAT THE
COMPLETED IMPROVEMENTS ARE CONSISTENT
WITH LAND DEVELOPMENT REGULATION (LDR)
SECTION 4.5.1(M)(5); PROVIDING AN EFFECTIVE
DATE.
17
[1NIOR7 S
(The official copy of Resolution No. 15 -13 is on file in the City Clerk's
office.)
8.B. REQUEST _A SIDEWALK DEFERRAL 1701 N.W. 7'
STREET: Approve an agreement to defer installing a sidewalk in front of the property
located at 701 N.W. 7th Street.
8.C. REQUEST FOR A SIDEWALK DEFERRAL /218 N.W. 16TH
STREET: Approve an agreement to defer installing a sidewalk in front of the property
located at 218 N.W. 10h Street.
8.D. ADDITIONAL SCOPE /LANZO CONSTRUCTION COMPANY:
Approve additional scope for 1,000 gallons of roadway crack seal and a fire hydrant
relocation in the amount of $27,571.00 with Lanzo Construction Company for the
Reclaimed Water, Area 12A Project. Funding will be provided by the contract's
Undefined Underground Allowance.
8.E. HOUSING REHABILITATION GRANT /CONTRACT
AWARD: Award one (1) Housing Rehabilitation contract through the Community
Development Block Grant (CDBG) to the lowest responsive bidder, South Florida
Construction Services, Inc. for 30 S.W. 13th Avenue in the amount of $28,163.85.
Funding is available from 118 - 1963 - 554 -49.19 (Neighborhood Services: Other Current
Charges/Housing Rehabilitation).
8.F. HOUSING REHABILITATION GRANT /CONTRACT
AWARD: Award one (1) Housing Rehabilitation contract through the Community
Development Block Grant (CDBG) to the second lowest responsive bidder, CJ
Contracting, LLC. for 609 S.W. 5th Avenue in the amount of $26,095.63. Funding is
available from 118 - 1963 - 554 -49.19 (Neighborhood Services: Other Current
Charges/Housing Rehabilitation).
8.G. HOUSING REHABILITATION GRANT /CONTRACT
AWARD: Award one (1) Housing Rehabilitation contract through the Community
Development Block Grant (CDBG) to the lowest responsive bidder, Cordoba
Construction, Co. for 231 N.W. 14th Avenue in the amount of $36,879.10. Funding is
available from 118- 1963 - 554 -49.19 (Neighborhood Services: Other Current
Charges /Housing Rehabilitation).
8.H. SCHOOL READINESS CHILD CARE
PROVIDER AGREEMENT/EARLV LEARNING COALITION OF PALM
BEACH COUNTY, INC.: Approve the School Readiness Child Care Provider
Agreement between the City of Delray Beach and the Early Learning Coalition of Palm
Beach County, Inc. to provide subsidized child care funding for the Afterschool Program
located at Pompey Park and the Community Center.
88I. AFTERSCHOOL PROGRAM PROVIDER AGREEMENTS/EARLY
LEARNING COALITION OF PALM BEACH COUNTY, INC.: Approve Continue -
to -Care Afterschool Program Provider Agreements between Early Learning Coalition of
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07/09/13
Palm Beach County, Inc. and the City, to continue reimbursable funding through the
Continue to Care - Afterschool Scholarship program for the Afterschool Program located
at Pompey Park and the Community Center.
8.J. INTERLOCAL AGREEMENTS/PALM BEACH COUNTY; BEACH
RENOURISHMENT: Approve an Interlocal Agreement between Palm Beach County
and the City to provide a mechanism for construction, monitoring and funding of the
Beach Renourishment project and set forth the terms, conditions and obligations of each
of the respective parties.
8.K. GRANT APPLICATION/EDWARD 13YRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG): Approve retroactively submission of an
application for funding in the amount of $39,868.00 through the U.S. Department of
Justice Edward Byrne Memorial Justice Assistance Grant (JAG) program which will
support the Holiday Robbery Task Force, which reduces crime during the
Holiday season.
8.L. SPECIAL EVENT REQUEST /10THANNUAL _FAMILY FUN DAY
th
AT POMPEY PARK: Approve a special event request for the 10 Annual Family Fun
Day at Pompey Park, produced by the Parks and Recreation Department, to be held on
August 17, 2013 from 10:00 a.m. to 10:00 p.m.; and authorize staff support for security
and traffic control, fire inspection, trash removal and clean up assistance, trash boxes, and
use of the large City stage, and preparation and installation of event signage.
8.M. SPECIAL EVENT REQUEST /ON THE AVE: Approve a special
event request for On the Ave to be held on August 8, 2013 froze 6:00 p.m. to 10:00 p.m.;
grant a temporary use permit per LDRs Section 2.4.6(F) for the closure and use of S.W.
5th Avenue from Atlantic Avenue to S.W. 1" Street, as well as the Elizabeth "Libby"
Jackson Wesley Plaza and authorize staff support for security and traffic control, fire
inspection, trash removal and clean up assistance, trash boxes and event signage. The
event sponsor will pay 50% for all overtime costs and an administrative fee for an
estimated charge of $1,180.00.
8.N. PROCLAMATIONS:
1. Recognizing and Commending the Delray Divas Step Dance
Teams
8.0. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period June 17, 2013 through June 28, 2013.
8.P. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Rosso Site Development, Inc. in the amount of
$135,982.23 for the construction of alleys as part of the Osceola
Park Alleys -Phase I Project. Funding is available from 334 -3162-
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07/09/13
541 -65.85 (General Construction Fund: Capital Outlay /Osceola
Park) and 448 - 5461 - 538 -65.85 (Storm Water Utility Fund: Other
Improvements /Osceola Park).
2. Purchase award to Watson Dispatch in the amount of $69,715.69
for replacement of the 911 Dispatch Center workstation consoles
for the Police Department. Funding is available from 334 -2111-
521 -64.90 (General Construction Fund:
Machinery /Equipment/Other Machinery /Equipment).
3. Purchase award to CDW- Government in the amount of $65,928.72
for the purchase of 12 in -car video cameras for the Police
Department. Funding is available from 334 - 2111 -521 -64.90
(General Construction Fund: Machinery /Equipment/Other
Machinery/Equipment).
Mrs. Gray moved to approve the Consent Agenda, seconded by Mrs.
Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr.
Frankel Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said
motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. SPECIAL EVENT REQUEST /15TH ANNUAL GARLIC FESTIVAL:
Consider approval of a special event request for the 15 Annual Garlic Festival to be
held February 7 -9, 2014, and grant a temporary use permit per LDR Section 2.4.6(F) for
use of City rights -of -way to include N.E. 1" Avenue from Atlantic to the grass area at
Delray Beach Center for the Arts, Swinton Avenue from Atlantic to N.E. 1St Street and
Old School Square Park and N.E. 2 d Avenue from the north side of the east/west alley
north of Atlantic to a line at the south end of the Old School Square Garage, from 6:00
a.m., February 6 through 11:00 p.m., February 9, 2014 and use of the Old School Square
Parking Garage and the South County Parking Garage, authorize staff support for traffic
control and security, EMS assistance, fire inspection, barricading, banner
hanging, signage preparation and installation, use of a City generator, the event producer
to pay an administrative fee and 100% of overtime, signage, barricade, and park rental
costs; and waiver of the two (2) hour parking limit in the downtown area during the
event, subject to the conditions listed in the staff report.
Robert A. Barcinski, Assistant City Manaer, stated the Commission is
requested to approve the special event request for the 15 Annual Garlic Festival 2014
scheduled to be held February 7 -9, 2014; the request also includes requests for closures
of portions of N.E. 1St Avenue as well as N.E. 2nd Avenue and Swinton Avenue beginning
on February 6, 2013 and for all the staff support as required. Mr. Barcinski stated all the
documentation was included in the backup, site plan, budgets. He stated the estimated
overtime plus other costs of $21,870 would be paid for by the event producer. Staff
recommended approval with conditions.
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07/09/13
Mr. Frankel expressed concern over the closure of N.E. 2nd Avenue. Mr.
Barcinski stated the event has expanded and they needed that space to accommodate; it
closed on the north side of the east/west alley north of Atlantic Avenue to the south end
of the garage so the entire street is not closed. Mr. Barcinski stated they are still
accessing out of the alley to get to the private parking places as well as access off of
Atlantic Avenue and there is also access into Ocean City Lumber property from the north
so they can still get into their driveway.
Mr. Frankel stated being that it was the first year that it was done did staff
get any feedback or complaints about having Swinton Avenue and N.E. 2nd Avenue
closed. Mr. Frankel stated the Garlic Fest is one of Delray's signature events and
wholeheartedly recommends approval.
Mr. Barcinski stated the closure of N.E. 2nd Avenue was done last year;
however, his concern was having both Swinton Avenue and 2nd Avenue closed four days.
Mr. Barcinski stated last year there were two complaints from citizens and some of the
feedback from the DDA related to the port -a -lets and the crowd size on the site and an
issue with one of the vans.
At this point, Mrs. Gray left the dais.
Mr. Frankel moved to approve the Special Event Request for the 15th
Annual Garlic Festival to be held February 7 -9, 2014 subject to the conditions in the staff
report with an additional condition regarding the street closure as requested by Nancy
Stewart for an additional day starting at 6:00 a.m., seconded by Mrs. Petrolia. Upon roll
call the Commission voted as follows: Mr. Frankel — Yes; Mayor Glickstein -- Yes; Mrs.
Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 4 to 0 vote.
At this point, Commissioner Gray returned to the dais.
9.8. DESIGNATION OF VOTING DELEGATE/PALM BEACH
COUNTY LEAGUE OF CITIES: Designate a voting delegate and alternate(s) to
the League of Cities to vote on behalf of City.
The City Manager stated the City needs to designate (a primary and an
alternate) a voting delegate to the Palm Beach County League of Cities so that when
actions are taken it has representation. The City Manager stated Vice Mayor Jacquet is
prepared to serve as the primary voting delegate and Commissioner Petrolia as the
alternate.
Mrs. Petrolia moved to approve to designate Commissioner Jacquet as the
primary voting delegate and Commissioner Petrolia as the alternate voting delegate for
the Palm Beach County League of Cities, seconded by Mr. Jacquet. Upon roll call the
Commission voted as follows: Mrs. Gray Yes; Mayor Glickstein — Yes; Mrs. Petrolia
Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
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07/09/13
9.1C. REOUEST FOR AUTHORIZATION /CITY ATTORNEY TO JOIN
CITY OF DELRAY BEACH WITH OTHER MUNICIPALITIES IN A LAWSUIT
CHALLENGING THE FRANCHISE FEE PAYMENTS FROM FLORIDA
PUBLIC UTILITIES COMPANY: Consider authorization to allow the City Attorney
to join Delray Beach with other municipalities in a lawsuit challenging the franchise fee
payments from Florida Public Utilities Company from 2010 through the present.
Terrill Pyburn, Assistant City Manager, stated the City of Delray Beach
has been asked by the Town of Palm Beach whether or not we would like to join a
lawsuit involving the Florida Public Utilities Company. Ms. Pyburn stated all seven
cities in Palm Beach County noticed a decrease in the franchise fees given in 2009 -2010
and they believe the decrease was based on a reclassification of a certain category of
users and this was done without the City's permission. Ms. Pyburn stated staff is
requesting authorization from the Commission in joining the lawsuit with the other cities
to sue Florida Public Utilities for breach of contract and also to seek declaratory
judgment and recover any monies that are due to the City of Delray Beach which staff
believes to be in excess of $50,000. The cost to join the lawsuit is estimated to be
$12,759.59 which is based on all seven cities participating. Ms. Pyburn stated there is a
Draft Complaint in the Agenda backup as well as an Interlocal Agreement that they have
asked the City to sign once the City decides to go forward.
For clarification, Mrs. Petrolia asked if the City is deciding to go forward
regardless as to how many climb on board or is staff coming back to the Commission.
Ms. Pyburn stated staff will be coming back to the Commission but today they are asking
the Commission to give them the authority to go forward. Ms. Pyburn stated they believe
that amount would cover costs of filing all the way through trial; however, if there is an
appeal, etc. there would be additional costs.
Mr. Jacquet stated it would cost $12,759.59 to save approximately
$50,000. The City Attorney stated this is only if the City prevails. Ms. Pyburn stated it
appears possible that the City could prevail based on the information that they did
reclassify the certain kinds of users from general service to large volume customers and
discovery would reveal what percentage of those people were re- classified and how much
money the City lost. Mr. Jacquet asked if this is being done in- house. Ms. Pyburn stated
they have hired local outside Counsel Jones, Foster, Johnston & Stubbs, P.A. for the
Town of Palm Beach as well as a firm from Tallahassee, Gardner, Bist, Wiener,
Wadsworth, Bowden, Bush, Dee LaVia & Whight, P.A., that specializes in utilities
litigation.
The City Attorney suggested that the Commission go forward with this at
a cost to the City of $12,759.59. However, the City Attorney stated if staff has to come
back to the Commission and the amount increases, then staff may recommend something
different_
Mr. Frankel moved to approve the request for authorization to allow the
City Attorney to join Delray Beach with other municipalities in a lawsuit challenging the
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franchise fee payments from Florida Public Utilities Company from 2010 through the
present, seconded by Mrs. Gray. Upon roll call the Commission voted as follows:
Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs.
Gray — Yes. Said motion passed with a 5 to 0 vote.
9.D. SETTLEMENT PROPOSAL IN DENISE RYDZEWSKI V. CITY
OF DELRAY BEACH: Consider a Settlement Proposal in the total amount of
$20,000.00 in Denise Rydzewski v. City of Delray Beach. Staff recommends approval.
Terrill Pyburn, Assistant City Attorney, stated the Plaintiff has offered to
settle the case in the amount of $20,000 and claims she was injured when she was using
the sidewalk along Germantown Road east of what was formerly known as the Office
Depot property. Ms. Pyburn stated the Plaintiff incurred medical expenses as a result of
the fall because she had arthroscopic knee surgery. At this point, Ms. Pyburn stated the
Plaintiff has incurred up to $65,000 in medical expenses and she is planning to have a
knee replacement surgery the end of this month. Staff recommends approval.
Mrs. Petrolia moved to approve the settlement in the amount of $20,000 in
Denise Rydzewski v. City of Delray Beach, seconded by Mrs. Gray. Upon roll call the
Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel --
Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote.
9.E. APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT
AGENCY: Appoint two (2) regular members to the Community Redevelopment
Agency (CRA) to serve four (4) year terms ending July 1, 2017. Based upon the rotation
system, the appointments will be made by Commissioner Petrolia (Seat 41) and
Commissioner Frankel (Seat #3).
Mrs. Petrolia stated she would like to appoint Reginald Cox because he is
an architect, serves on the Historic Preservation Board (HPB), and is very active.
Prior to the vote, Mr. Jacquet stated Mr. Cox as an architect and someone
who has lived in the city his entire life has a passion for the town.
Mayor Glickstein stated it is a great nomination having Mr. Cox on the
Board and has moved WARC forward through sheer will and made it relevant. Mayor
Glickstein stated the missing part of the CRA's success story has been West Atlantic
Avenue and feels Mr. Cox would be the perfect candidate to add some energy to that.
Mrs. Petrolia moved to appoint Reginald Cox to serve as a regular
member to the Community Redevelopment Agency (CRA) to serve a four (4) year term
ending July 1, 2017, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein —
Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote.
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Mr. Frankel stated since the last Commission meeting he has spoken to
several former Mayors and Commissioners regarding appointments to boards and of
everyone he spoke to only one person's nomination was rejected and that was to a Code
Enforcement Board because of numerous code violations and fines. Mr. Frankel stated
under the new procedures created at the last meeting the Board appointment process is no
longer an individual appointment it is now a debated and limited process; it is limited
because the majority of this Commission decided to apply a standard that does not exist
in the city and apply a policy that does not exist. For the record, Mr. Frankel stated if the
Commission rejects his nomination this time he forfeits it based on this new procedure.
Mr. Frankel stated he feels Mr. McDuffie was unfairly embarrassed and he would like the
Commission to go through the list and tell him which candidates are not acceptable.
Brief discussion by the Commission followed regarding the candidates.
Mayor Glickstein stated the Commission can agree to disagree and this is
not personal but this is his opinion about a candidate which is no different than his
opinion about a project that has been put forward. He stated the Commission can agree
to disagree.
Prior to the vote, Mr. Frankel stated he would like to withdraw his
nomination.
The City Attorney stated there is already a motion and a second and the
Commission needs to move on the motion that is on the table.
Mr. Frankel moved to appoint Christina Morrison to serve as a regular
member to the Community Redevelopment Agency (CRA) to serve a four (4) year term
ending July 1, 2017, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — No; Mrs. Petrolia —
No; Mr. Jacquet — No. Said motion was DENIED with a 3 to 2 vote, Commissioner
Frankel and Commissioner Gray dissenting.
9.F. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD:
Appoint two (2) regular members to the Public Art Advisory Board to serve two (2) year
terms ending July 31, 2015. Based upon the rotation system, the appointments will be
made by Commissioner Frankel (Seat 43) and Commissioner Gray (Seat #4).
Mr. Frankel stated he would like to defer his appointment to the next
regular meeting of July 25, 2013.
Mrs. Gray moved to reappoint Daniel Bellante as a regular member to the
Public Art Advisory Board to serve a two (2) year terra ending July 31, 2015, seconded
by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Gray — Yes;
Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes.
Said motion passed with a 5 to 0 vote.
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12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
12.A. City Manager
The City Manager had no comments or inquiries on non - agenda items.
12.8. City Attorney
The City Attorney stated about V/z weeks ago staff sent out a schedule
regarding DCF having some public meetings on the Proviso at the Drug Abuse
Foundation on South Swinton Avenue from 10:00 a.m. — 1:00 p.m. The City Attorney
stated he and Terrill Pybum will be in attendance and there will be some other
representatives from other municipalities as well.
12.C. City Commission
12.C.1. Mr. Jacquet
Mr. Jacquet commented about the Mid - Summer Education Forum that
Carol Gevirts brought to the Commissions attention and encouraged everyone to show
their support and invite others to come and participate. Mr. Jacquet thanked Carol for all
the work that she has done with putting this together and he looks forward to
participating and helping to make this a success.
Secondly, Mr. Jacquet stated on July 20, 2013 from 9:00 a.m. — 3:00 p.m.
at Pompey Park there will be a Preserving Homeownership Clinic which is going to be
done by the Urban League of Palm Beach County. He stated this is an opportunity for
people to talk to banks and get some kind of guidance and information on how to protect
their homes from foreclosure or other issues that they are dealing with. Mr. Jacquet
stated this is very valuable to many residents and encouraged everyone to participate in
helping make this a success.
Mr. Jacquet stated as he took his jog this morning east on Atlantic Avenue
he passed by the library and noticed that every bench had two bicycles chained to them.
He stated the library has a bike rack on the south side in the front. Mr. Jacquet suggested
putting a bike rack on the Atlantic Avenue side as far as making it easier for people to
lock their bikes and remove their bikes as opposed to taking up the benches where people
sit.
Mr. Jacquet expressed concern over the on- street parking situation on
South Swinton (the islands). He noted that a business referred to it as "the penalty
boxes" there that are taking up valuable space. Mr. Jacquet stated he would like to have a
discussion on what the City's options are as far as removing them and have more parking
on South Swinton Avenue or more green space.
Mr. Jacquet stated he spoke to a few seniors about a Senior Center or
Senior Housing and inquired about the status northwest comer of Lake Ida Road and
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07/09/13
Congress Avenue. He stated to keep this in mind as far as taking care of the seniors in
the community.
Mr. Jacquet stated he meets with a lot of constituents' downtown Delray
and it is hard for him to have to run back out to check on his car because of the two -hour
parking limit. He suggested that the Commission be allowed to park downtown longer
than the two -hour limit especially if they are meeting with constituents and discussing
City business.
Lastly, Mr. Jacquet stated the 4 I of July celebration was magnificent. He
stated he helped participate in the countdown for the fireworks. Mr. Jacquet
congratulated and expressed kudos to Stephanie Immelman, Jarrod White, the Delray
Beach Marketing Cooperative (DBMC), and all the sponsors for the amazing 4`h of July
celebration and stated it was an honor participating.
12.C.2. Mrs. Petrolia
Mrs. Petrolia commented about the two -hour parking situation downtown.
Secondly, Mrs. Petrolia distributed photographs of motorcyclists parking
on the sidewalk. She stated Police were called who indicated that they did not have
anything against that. Mrs. Petrolia stated she received a $35.00 ticket because her wheel
was a little over the white line; she was parallel parking in and the person behind her
skewed forward and the person in front of them skewed forward so she parallel parked in
and was skewed forward. She stated this is something that should not be acceptable
especially if she is just a wheel over the line. Mrs. Petrolia suggested that this is
something that staff needs to look into.
She stated she had the opportunity over the weekend to be able to cruise
around downtown and one of the things she noticed was how difficult it was to pass by
The Office due to the outdoor cafe. Mrs. Petrolia stated the problem is that they have an
open bar on the west side of the property where many people hover into the pedestrian
walkway and across the pedestrian walkway are all of their chairs and tables. She stated
in essence they are taking up the entire walkway. Mrs. Petrolia inquired as to when these
permits are up for renewal and suggested that staff needs to focus on this. She stated
everyone needs the ability to be able to walk by without feeling like they are being
blocked.
Mrs. Petrolia stated the e of July was an incredible celebration.
Lastly, Mrs. Petrolia commented about the Ribbon Cutting Ceremony for
the trolley cars.
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07/09/13
12.C.3. Mrs. Gray
Mrs. Gray stated this time last year the Commission was working with
Digital Divide with the Palm Beach County and the School Board and inquired about the
status of this.
Secondly, Mrs. Gray stated there was supposed to be free Wi -Fi on West
Atlantic Avenue for the businesses and 5h Avenue as well and believes the Delray Beach
Marketing Cooperative (DBMC) was responsible for that and asked why that has not
come to fruition.
Mrs. Gray stated she is on the Board of the Palm Beach County League of
Cities and the Palm Beach County Healthcare District Board and they are working on the
FEC Railroad and suggested that two (2) people from the City of Delray Beach work on a
committee to help facilitate those efforts. Mrs. Gray stated the FEC Railroad has
received millions of dollars from the Federal Government and they want the City to
participate in paying for the quiet zones.
She stated the Palm Beach County League of Cities would like to form a
Flood Map Committee to review the flood maps.
Mrs. Gray stated with regard to the Health Care District they have
acquired four (4) clinics and one is in Delray Beach. She stated she met with Mr.
Nicholas Romanello, Chief Legal Officer from the Health Care District and Senator
Maria Sachs. Mrs. Gray stated she would like to have the Health Care District on a
Workshop meeting so that the City can discuss how the Health Care District and the
clinics can work with our communities.
Mrs. Gray commented about the 4th of July celebration and heard both
good and bad. She stated the Dover House sent a letter about their property. The City
Manager stated the City cleaned up their property. Mrs. Gray stated normally the
fireworks are set off from a barge and there are not these issues. She stated she is looking
at this from a safety standpoint and noted that some people alleged they were hit by the
fireworks and the property was covered with the fireworks.
12.0.4. Mr. Frankel
Mr. Frankel stated in response to Mr. MacNamee's statements that the
figures he used tonight in his remarks were inaccurate and incorrect. He has a meeting
tomorrow and will bring all the supporting documents that he used.
Secondly, Mr. Frankel stated recently in the City's downtown core he has
seen a lot more homeless people and one individual he witnessed getting into an
argument with a female waitress yesterday at City Oyster. Mr. Frankel stated he
congregates primarily across the street from The Office restaurant at the corner of
Atlantic Avenue and 2'd and he is also outside of Spot Coffee. Mr. Frankel stated he
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07/09/13
feels that this individual is mentally unstable and expressed concern over the individual's
altercations with female employees.
Mr. Frankel stated the new trolleys are beautiful and they are a major
improvement over the other modes of transportation that the City has and understands the
CRA funds it. He stated there are two issues with it: (1) there needs to be designated
stops in the downtown central core because there are congestion problems as it is in areas
where there is only one way each way it is really a problem on the most congested roads.
Mr. Frankel suggested putting a stop near Doe's at the library, near the railroad tracks,
and near Starbucks on 5'11 and (2) consider charging $1.00 to ride the trolleys. Mr.
Frankel suggested that this be discussed at a future meeting.
Mr. Frankel asked the City Attorney or the City Clerk to look into the
Robert's Rules of Order to see if he properly tried to withdraw his nomination for the
CRA.
Lastly, Mr. Frankel gave a brief response to the rude comments made at
the last meeting relating to himself, Commissioner Gray, and former Mayor McDuff e.
Mr. Frankel stated he hopes everyone takes courtesy with fellow Commissioners with
opposite viewpoints and treat them all with respect and noted this includes City staff as
well.
12.C.5. Mayor Glickstein
Mayor Glickstein stated at the end of the last regular meeting he
apologized to both Commissioner Frankel and Commissioner Gray to the extent that the
comment was perceived to be personal because it was not intended to be that way.
Mayor Glickstein stated it was a mistake to characterize it the way that he did.
Secondly, Mayor Glickstein asked about the grant that the City Manager
needed feedback on from the Commission. The City Manager stated at this point he does
not need anything from the Commission; it was a requirement of the grant that it be
reviewed by the governing body prior to submission and that was the requirement staff
was fulfilling.
Mayor Glickstein commented about an email from Fred Stein who
commented about a sign "No Lifeguard on Duty" that was not readily visible. Mayor
Glickstein asked the City Manager to get with Ocean Rescue to see how they can make
the "No Lifeguard on Duty" signs on the lifeguard towers more visible.
Lastly, Mayor Glickstein stated with a City with $100 million budget he
does not understand why a microphone on the dais does not work.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 11:09 p.m.
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07/09/13
City Clerk
ATTEST:
e<'149 .
YOR
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 July 9, 2013, which Minutes were formally approved and adopted by the City
Commission on August 6, 2013.
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.
29
07/09/13
IN THE :CITY COMMISSION
CHAMBF -RS 05 THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA.
WAIVER REQUESTS IN ASSOCIATION WITH THE
CLASS V SITE PLAN APPROVAL. FOR DELRAY PLACE'
1. These waiver requests in association with the Class: V , site plan approval
for Delray Place came before the City Commission on July 9, 2013.
2. The Applicant and City staff' presented documentary evidence and
testimony to the City Commission pertaining to the waiver requests in association with
the Class V site plan approval for Delray Place. All of the evidence is a part of the
record in this case. Required findings are made in accordance With Subsection. I.
1. WAIVER:
Pursuant to LDR Section ;2.4.7(13)(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;
(h) 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 properly for-
another applicant or owner,
A. Waiver #1 -
Pursuant to LDR Section 4.4.25 (D)(1) "A .minimum setback of fifteen feet shall
be established around. the perimeter of any property developed . under the $AD
designation. Within the front and any street side :setback, the fifteen foot- (15) setback
area shall be a landscape area and no pavement shall. be allowed therein except for
pedestrian ways and driveways (or streets) which provide access to the property and
Which are generally perpendicular to the abutting street."
The applicant has requested a waiver to allow various paved .areas for use as
pedestrian access to the site, to maintain existing parking use along. Linton Boulevard,
and for potential future use as sidewalk cafe areas; all of which are generally parallel to
the abutting street.
Does the waiver request meet all the .requirem'ents of'2.4.7(B)(5 )?
July 9, 2013 Regular City Commission Meeting; Item 1 0.A.1
Yes ✓ No.
B:. Waiver #2 'Vehicular Stacking Disifance:-.
Pu'rsdant: to LDR Section, 4Z 9(0)(3)(c)(1), the minimum stacking Oistance .
betWeen. a (ight-of-way and the first parking space for a parking area that has fifty one
{51) or more parking spaces is, fifty feet (150') fd( all driveway Oon'riedotis albrig Linton
BIV applicant requested a w.
.0. and. Eve St. The; ..p cant has req waiver to;. reduce the required
stacking distance for the driveway: connections off . of Linton Blvd. and for the. driveway
.
connection off of EVe St., by providing for a stAdkihg, !Jstance of twenty: seven. feel (2T)
for the drivoWayconnectiong along Linton Blvd, and a.stacking distance of thirty., three
feet (33) for the dNveway connection off of Eve- St.
Does the waiver request meet all the reqqkGrnents of 2.A7(B)(.5)?
yes
3,: The City Commission has applied the Comprehenslvia Plan and LDR
requirements in existence at the time the original development applica io was
submitted and finds that its determinatidns set forth in this Order are consistent with the
'i
Gomprehensive Plan.
44.. Thee City Commission finds there is ample and competent so . b.stantial
evidence: to, s u pport its findings in the 'record submitted and. AlOpts, tine farts 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 Commission approves
denies the Waiver requests to LDRs.
6? Based on the entire record before: it, the City Commission hereby adopts
this Order this 9th dayof July, 20:13, by a vote of 4 in faVoir and 1 :opposed.
Iiasteiri, Mayor:
Chovelle Nubia, City Clerk
2
July 9, 2013 Regular City Commission Meeting; Item 1 O.A. I