04-16-14 Regular Meeting Minutes APRIL 16, 201
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., Wednesday,April 16, 2014.
1. Roll call showed:
Present- Vice Mayor Shelly Petrolia
Commissioner Alson Jacquet.
Commissioner Adam Frankel
Deputy Vice Mayor Jarjura
Mayor Cary Glickstein
Absent- None
Also present were- Louie Chapman, Jr., City Manager
Terrill Pyburn, Interim City Attorney
Kimberly Wynn, 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.
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4. APPROVAL OF MINUTES:
Vice Mayor Petrolia moved to approve the Minutes of the Regular
Meeting of February 4, 2014, seconded by Deputy Vice Mayor Jarjura. Upon roll call the
Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel -- Yes; Deputy Vice
Mayor Jarjura— Yes; Mayor Glickstein—Yes; Vice Mayor Petrolia-- Yes. Said motion
passed with a 5 to 0 vote.
Vice Mayor Petrolia moved to approve the Minutes of the Regular
Meeting of February 24, 2014, seconded by Deputy Vice Mayor Jarjura. Upon roll call
the Commission voted as follows: Mr. Frankel—Yes; Deputy Vice Mayor Jarjura—Yes;
Mayor Glickstein Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes. Said motion
passed with a 5 to 0 vote.
Vice Mayor Petrolia moved to approve the Minutes of the Regular
Meeting of March 4, 2014, seconded by Deputy Vice Mayor Jarjura. Upon roll call the
Commission voted as follows: Deputy Vice Mayor Jarjura -- Yes; Mayor Glickstein —
Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion
passed with a 5 to 0 vote.
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5. PRESENTATIONS:
5.A. 2413 Best Restored Beach Award — American Shore and Beach
Preservation Association
Tom Pierro, Director and Senior Coastal Engineer with Coastal Planning
& Engineering, gave a brief overview of the Beach Renourishment Project. Mr. Pierro
stated since 1973 the city has had eight (8) renourishment projects; the first seven (7)
were through 2013 and placed 7.4 million cubic yards of that volume 65% of it still
remains on the beach. He stated earlier this year there was an Army Corp Project
constructed at the north end of the beach to address Hurricane Sandy impacts which is
now complete as well. Since 2006, Mr. Pierro stated the use of the beach has
skyrocketed and Delray Beach has over 1.8 million people visit the beach in 2012 alone.
At this point, the time being 6:10 p.m., Commissioner Jacquet left the
dais.
Mr. Pierro presented the Mayor and the City Commission with the 2013
Best Restored Beach Award and stated five (5) of these awards are given out around the
nation every year and Delray Beach was the only city in the State of Florida to win this
award.
At this point, the Commission moved to Comments and Inquiries on
Agenda and Non-Agenda Items from the City Manager and the Public Immediately
Following Presentations.
6.A. City Manager's response to prior public comments and inquiries.
The City Manager gave kudos to Mr. Paul Dorling for his help with the
City of Delray Beach receiving the 2013 Best Restored Beach Award from the American
Shore and Beach Preservation Association. Mayor Glickstein stated there were former
staff members (both on the engineering and planning side), former City Commissioners,
and the former City Manager who were involved in championing that project. Mayor
Glickstein stated there were a lot of places that were not as pro-active as Delray was in
terms of beach restoration and they are paying a steep price for that now because certain
places have passed the point where it is very difficult to recover.
Secondly, with regard to Mr. Stettner's previous concern about the
Seagate Hotel and noise emanating from the chillers located on top of the Seagate Hotel
Garage, the City Manager stated staff initially made a determination in January but staff
is going to redo it all from scratch and see if they can pinpoint the noise and cite the
appropriate party.
Vice Mayor Petrolia suggested that the next time staff goes out to the site
to perform a decibel reading that the coolers on the top of the Seagate are turned on so
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that they get a true response. The City Manager stated staff is going to do an early
morning and late day decibel reading.
The City Manager stated Commissioner Jarjura asked for a memorandum
regarding the City Attorney process which he gave to the City Commission. The City
Manager stated he gave the City Commission fifteen (15) choices of potential candidates
for the City Attorney position and asked that the Commission select five (5) of those
fifteen(15) by Friday, April 18, 2014. The City Manager stated he has received three (3)
of those five (5)lists from Commissioners but as of this date he is still waiting for two (2)
of those lists.
Mr. Jacquet stated the hiring of the City Attorney is completely within the
City Commission's right so the City Commission determines what the process is, how
long they take, and how long they do it. Deputy Vice Mayor Jarjura stated she
understands the process but would like to know the status. Deputy Vice Mayor Jarjura
stated the City Manager issued a memorandum to the City Commission and the deadline
was March 11, 2014 by 5:00 p.m. and there are concerns raised by at least two (2) of the
Commissioners. Deputy Vice Mayor Jarjura asked if this will be discussed. Mayor
Glickstein stated this can be discussed by the Commission during Commission
comments.
With regard to Commissioner Petrolia's comment about outsourcing the
Purchasing Department, the City Manager stated he will have a meeting with a vendor
about that issue. Furthermore, the City Manager stated staff is still exploring what the
possibilities are but no determination has been made without consultation with the City
Commission.
With regard to Commissioner Petrolia's suggestion about eliminating the
Larne Duck meeting, the City Manager stated that is the subject of an agenda item
tonight.
With regard to the evaluation of the City Attorney and the City Manager,
the City Manager stated staff has supplied that information to Commissioner Petrolia.
6.B. From the Public.
6.B.1. Steve Blum, 115 Venetian Drivel Delray Beach, FL 33843, stated two
weeks ago on a Saturday morning the City had a beach clean-up. Mr. Blum stated he was
disappointed in the turnout and noted no one from the Commission came or City staff
member except two (2) people from the Parks and Recreation Department that had to be
there to sign people in. He stated if it were not for ten (10) people bringing ten(10) kids
each there would not have been anyone there. Mr. Blum stated spending about 3-4 hours
on the beach cleaning up he was very impressed with the cleanliness of the beach
especially the bushes and shrubs.
Secondly, Mr. Blum stated the new beach pavilion is beautiful; however, it
is lacking protectors from the pigeons and bird droppings. He urged the City
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Commission to direct staff to purchase something to protect the beach pavilion.
6.B.2. Bruce Bastian, Chairman of Human-Powered Delray, urged the City
Commission to decry the sidewalk deferrals that are on the agenda this evening and he
feels it is worse to set the precedent to not have sidewalks at all. Mr. Bastian stated
Human-Powered Delray would like to create a plan for sidewalks and requested that the
sidewalks be six (6) feet.
6.B.3. Patrick Halliday, resident of Delray Beach for over 13 years and
President of the Delray Beach Bicycle Club, stated he recently met with many citizens
and one of the things they complained about was the pedestrian access and the danger of
bicycles on Atlantic Avenue and other parts of the city. Mr. Halliday strongly urged the
Commission to stop the sidewalk deferrals because every day that goes by another child
that has to walk into the road because there is no sidewalk. He stated the Bike Club
encourages families and children to get out and enjoy the city; however, some of them are
afraid to. Mr. Halliday reiterated to the Commission to stop the sidewalk deferrals.
6.B.4. Ronald Gilinskv, 1405 S. Federal Highway #140, Delray Beach, FL
33483, stated last week he attended the Collective Bargaining meeting for the Police
Department and was appalled at what went on. Mr. Gilinsky stated Mr. Norton had six
(6) days to review what was put in front of him and came to the table totally unprepared.
Mr. Gilinksy stated the Police Officers have worked long and hard to protect the city and
have cleaned up the vagrancy in the downtown in the last few months. Mr. Gilinsky
urged the City Commission to give the Police Officers a 5% raise and a one (1) year
contract. He stated the City is about to lose a substantial amount of its Police Officers
because they are underpaid and he feels they will go to the Palm Beach Sheriffs Office
(PBSO).
6.B.5. Pauline_Moody, 609 S.W. 81h Avenue, Delray Beach, FL 33444, stated
people who are walking their dogs at the beach are also letting their dogs drink out of the
water fountain that is located near the beach. Ms. Moody stated this is not healthy for
people to be letting their dogs drink out of the same fountain as what people are using.
Secondly, Ms. Moody commented about issues with the Police
Department.
Lastly, Ms. Moody stated it is difficult for her to cross Atlantic Avenue to
go to the library in front of the Tennis Center because of all the traffic.
6.B.6. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, stated
because of the last Election the City Commission is not controlled by three (3)votes. Mr.
Warner stated he feels that the Commission has ignored the rule of law. He stated two
(2) weeks ago he was thrown off a Board that he was appointed to. Mr. Warner stated
there was discussion and justifications about things that were discussed by the City
Commission six (6) months ago at the October 8, 2013 Workshop meeting and none of
these were rules but feels they were wishes. Mr. Warner stated people voted for the new
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members of the Commission because they stated they were going to return integrity to
City Hall, return transparency, and ignore cronyism. Mr. Warner urged the City
Commission to look ahead and not behind at individuals that they do not like and
decisions they want to change that others may have made. Mr. Warner stated there has
been too much criticism of residents and fellow Commissioners.
6.B.7. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, congratulated
the City of Delray Beach on receiving the Best Restored Beach Award. Mrs. Finst stated
she was looking at the display of how the beach looked in the 1960's and 1970's and
noted she lived in Delray during this time. Mrs. Finst stated she would pull up to the
curve and there would be the ocean and remembers a crater in front of Boston's
restaurant where the whole street fell in. She feels we need to stay on top of the climate
change. Mrs. Finst stated right now the beach is perfect but she feels we need to get the
climate change situation under control for it to remain this way.
6.B.8. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483_
Chairman of Safetv As Floridians Expect (S.A.F.E.), stated as a taxpayer he is tired of
subsidizing downtown employers and employee parking. Mr_ Smith stated employers
should pay living wages as Fran Marincola does at Caffe Luna Rosa and it is up to
employees to spend it wisely. Mr. Smith stated S.A.F.E. will not watch the City and the
CRA spend $6 million for a parking garage next to Mellow Mushroom that it does not
need because the surface lot is full of employees who park there for eight (S) hours every
day. He stated Delray taxpayers have already paid several millions of dollars for the right
to use the South County Courthouse in the evenings and on the weekend at peak parking
demand time. Mr. Smith stated this available parking could be and will be used when
Delray Beach finally has a fee based system and stops subsidizing employees and
employee parking. Mr. Smith stated S.A.F.E. believes that Delray should support
business but not businesses. Mr. Smith suggested that the City implement an in-lieu
sidewalk fee similar to the in-lieu parking fee and feels it does not make sense to defer
sidewalks for ten or twenty years when the City can pull funds to construct blocks of
sidewalks now where we most need them.
6.B.9. Yvonne Odom, 3905 Lowson Boulevard, Delray Beach, FL 33445,
stated she attended the first meeting of the new Commission and is disappointed in the
Commission because she can tell they are not getting along. Mrs. Odom stated the
Commission has the business of the City to run and her confidence as a citizen is that the
Commission would do that out of respect for each other and follow in their own
conscience.
Secondly, Mrs. Odom stated if someone is speaking before the
Commission and they represent a group/organization that they identify the
group/organization that they represent.
6.B.10. Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 33483,
welcomed Commissioner Jarjura.
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Secondly, Mr. Humanik stated he attended the last Commission meeting
and spoke about total cost of ownership and commented about operating costs.
Mr. Humanik welcomed Mr. Jacquet back to the meeting.
Mr. Humanik stated he wishes the Mayor well and hopes he has the people
in place that can carry out the ideas because this is the key.
Mr. Humanik stated he heard a comment made before about looking
behind you. He stated he watches a lot of financial things where people have taken over
several hundred billion dollars that they ripped government people off. Mr. Humanik
stated you learn lessons from history and he urged the Commission to keep going forward
and wished them good luck. He stated he was here when a different Commission was
running the city and commented that people will come and go on the Commission thus
the reason for elections.
Mr. Humanik stated he does not understand the Commission's fear of
lawsuits and feels that if someone threatens to sue the City let them sue. He stated then
see how much business they get in the future in other towns.
Lastly, Mr. Humanik stated Atlantic Avenue is Delray's jewel and feels it
is in trouble and needs help.
6.5.11. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL
33483, stated with regard to Item 9.C., Proposed Changes to the Rules of Procedure for
the City Commission and other cities what they have gone to in addition to what the City
of Delray Beach is proposing is that they have the swearing in within three (3) days of the
election that way there is no room for misinterpretations. Ms. Morrison requested that
the City Commission add that to their proposed changes for the City Commission
procedures.
7. AGENDA APPROVAL.
The Interim City Attorney requested to remove Item S.G., Extension of
Lease A reement/Baneor /Mears Motor Leasing, and remove Item 8.K.2., Purchase
Award to Ferguson Enterprises, Inc. because staff received a bid protest today from
Florida Line (one of the bidders). In addition, the Interim City Attorney requested to
remove Item 9.F., Continuity of Service Agreement between the City of Delray
Beach and Waste Management. The Interim City Attorney stated Item 9.F. was placed
on the agenda due to time constraints regarding Waste Management's right to appeal
within thirty (30) days of the Court Order of March 28, 2014. After reviewing the
Continuity of Service Agreement more carefully, the Interim City Attorney believes that
there are certain provisions that are vague and should be further vetted before going
forward to ensure that it complies with the City's procurement code and also to avoid any
further aggravation down the road. The Interim City Attorney stated the City
Commission will have a Closed Door Session with regards to a possible settlement of the
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Waste Management issue on Friday, April 18, 2014 at 3:00 p.m. in the Commission
Chambers.
Vice Mayor Petrolia requested to remove Item 8.F., Amendment No. 1 to
the Surveying Consulting Agreements, from the Consent Agenda and move to the
Regular Agenda as Item 9.A.A. and Item 8.K.1., Purchase Award to John Deere
Company be removed from the Consent Agenda and moved to the Regular Agenda as
Item 9.11.11.
Mr. Frankel moved to approve the Agenda as amended, seconded by Vice
Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein --
Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice
Mayor Jarjura—Yes. Said motion passed with a 5 to 0 vote.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. REOUEST FOR SIDEWALK DEFERRAL AGREEMENTS/202
SEABREEZE AVENUE: Approve two (2) sidewalk deferral agreements to defer
installing a sidewalk along Seabreeze Avenue and Thomas Street for the property located
at 202 Seabreeze Avenue within the North Beach Overlay District.
8.11. REQUEST FOR A SIDEWALK DEFERRAL_ _AGREEMENT/609
SEAGATE DRIVE: Approve an agreement to defer installing a sidewalk along Seagate
Drive and Carissa Road for the Carbone Residence located at 609 Seagate Drive within
the Seagate Beach Overlay District.
8.C. REQUEST FOR SIDEWALK DEFERRAL AGREEMENT/130 S.E.
7TH AVENUE: Approve a sidewalk deferral associated with the approved new
construction of a single-family residence located at 130 S.E. 7`h Avenue within the
Marina Historic District.
8.D. RE UEST FOR A SIDEWALK DEFERRAL AND EASEMENT
AGREEMENT/1209 CRESTWOOD DRIVE: Approve an agreement to defer
installing a sidewalk and easement along Crestwood Drive for the property located at
1209 Crestwood Drive within the North Beach Overlay District.
8.E. SERVICE AUTHORIZATION NO. 12-13/ MATHEWS
CONSULTING, INC.: Approve Service Authorization No. 12-13 with Mathews
Consulting, Inc., in the amount of $62,696.00 for professional design services (RFQ
#2012-06) related to the Lake Ida Drainage Improvements Project. This recommendation
is in compliance with Ordinance No. 29-13, Section 36.02 (C)(3), "Methods of
Acquisition: Direct Acquisition Method, Professional Services". Funding is available
from 448-5461-538-6598 (Storm Water Utility Fund: Other Improvements/Lake Ida
Area).
8.F. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
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S.G. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
S.H. RESOLUTION NO. 22-14: Approve Resolution No. 22-14 assessing
costs for abatement action required to remove nuisances on twenty-one (21) properties
throughout the City of Delray Beach.
The caption of Resolution No. 22-14 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.
(The official copy of Resolution No. 22-14 is on file in the City Clerk's
office.)
8.1. PROCLAMATIONS:
lam. National Child Abuse Prevention Month—April 2014
2. Administrative Professionals Week—April 20-26, 2014
3. National Arbor Day—April 25, 2014
4. National Day of Prayer—May 1, 2014
5. Municipal Clerks Week—May 4-10, 2014
6. Water Reuse Week—May 18-24, 2014
S.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period March 31, 2014 through April 11, 2014.
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8X AWARD OF BIDS AND CONTRACTS:
1. THIS ITEM HAS BEEN MOVED TO THE REGULAR
AGENDA AS ITEM 9.1J.B.
2. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
3. Contract award to Line-Tee, Inc. in the amount of $44,966.92 for
the installation of automatic line flushers related to the Automatic
Water Line Flushing Devices Project (P/N 2014-001). The terms
and conditions are based on the current competitively bid contract
through the City of Boynton Beach (Bid#050-2821-13/JMA). This
recommendation for award is in compliance with Ordinance No.
29-13, Section 36.02 (C)(7)(c), "Utilization of Other Governmental
Entities' Contract". Funding is available from 442-5178-536-
64.90 (Water & Sewer Renewal and Replacement Fund:
Machinery/Equipment/Other Machinery/Equipment).
Vice Mayor Petrolia moved to approve the Consent Agenda as amended,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Vice Mayor
Petrolia—Yes; Mr. Jacquet—Yes; Mr. Frankel—Yes; Deputy Vice Mayor Jarjura—Yes;
Mayor Glickstein—Yes. Said motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A.A. AMENDMENT NO. 1 TO THE SURVEYING CONSULTING
AGREEMENTS: Approve Amendment No. 1 to the Surveying Consulting Agreements
with Avirom & Associates, Inc., Caulfield & Wheeler, Inc., Wantman Group, Inc., and
Dennis J. Leavy& Associates, Inc. (RFQ#2012-07)to renew for an additional year. This
recommendation is in compliance with Ordinance No. 29-13, Section 36.02(0)(3),
"Methods of Acquisition: Direct Acquisition Method, Professional Services" and Section
36.07(A)(3), "City Commission Approved Contracts, Renewals".
Victor Majtenyi, Deputy Director of Public Utilities, stated this item is the
surveying services that were out for an RFQ approximately two (2) years ago and these
are the renewals to extend those agreements for another year based on a yearly basis for a
maximum of five (5)years.
Vice Mayor Petrolia asked if the rates are going to be the same.
Mr. Majtenyi stated it is based on qualifications five (5) firms were
selected and those came before the City Commission two (2) years ago. The rates were
locked in for a minimum of two (2) years they could come for a rate increase up to a
certain maximum. However, Mr. Majtenyi stated in this particular case the consultants
have kept their rates the same. Vice Mayor Petrolia expressed concern whether the City
is truly getting the best rates. Mr. Majtenyi stated these are professional services and
under the Consultants Competitive Negotiation Act (CCNA) and they have to be sought
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through a competitive qualifications process and the list of qualifications the City is
looking for based on the Capital Plan which is part of the submittal process and then they
submit their packages and then they are ranked accordingly to their qualifications. Mr.
Majtenyi explained that staff does look at the rates.
Deputy Vice Mayor Jarjura stated the Interim City Attorney advised her
that a term of two (2) years was three one-year extensions. Mr. Majtenyi stated this is the
one-year so staff will be before the Commission again in 2015.
Vice Mayor Petrolia moved to approve Item 9.A.A. (formerly Item 8.F.),
seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as
follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes;
Mayor Glickstein—Yes; Vice Mayor Petrolia— Yes. Said motion passed with a 5 to 0
vote.
9.B.B. AWARDS OF BIDS AND CONTRACTS: Purchase award to John
Deere Company in the amount of $28,847.52 for a gas powered ProGator 2020A and
HD200 Select Sprayer under State Contract #760-000-10-1 for use at the Municipal and
Lakeview Golf Courses. This recommendation for award is in compliance with
Ordinance No. 29-13, Section 36.02(C)(7), "Methods of Acquisition: Utilization of Other
Governmental Entities' Contract". Funding is available from 445-4761-572-64.90
(Municipal Golf Course Capital Outlay/Other Machinery and Equipment).
Vice Mayor Petrolia asked why the City is piggybacking on an
amendment to a contract written in April 2010 with an expiration of March 31, 2014
versus going out to bid. In addition, Vice Mayor Petrolia stated there are hand written
dates on the ShowTurf letter (March 14, 2014.) and asked why the rest is typed but this is
written in with the date on the top being March 26, 2014 and the date on the actual letter
being March 14, 2014. Sharon Painter stated this is actually two (2) different pieces of
equipment so when staff went to the vendor for this item they usually ask if there is a
State contract because that is preferred pricing. She stated they got the contract number
and turned the paperwork in. She stated this time they had to get the actual executed
pages and they had to go to the distributor.
Vice Mayor Petrolia stated the expiration dates are at the end of March
and the dates did not coincide. She expressed concern over the dates that are written in.
The Interim City Attorney stated the City is piggybacking off the State
contract which is not set to expire until June 30, 2015 in accordance with Amendment
No. 3 to that contract. The Interim City Attorney stated it is her understanding that
ShowTurf is the local distributor of John Deere products; ShowTurf honors the State
contract price and they would have to honor this price throughout the term of the State
contract. There are other authorized dealers throughout Florida but they all provide for
the same price under the State contract. The Interim City Attorney stated she received a
letter from Sharon Painter today that this is lowest possible pricing from ShowTurf; after
speaking with Ms. Painter the City had two (2) sprayers; both were broken and one was
fixed today. The Interim City Attorney stated this is to replace the sprayer because they
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really need a sprayer for both golf courses. The Interim City Attorney stated she believes
it comports with the requirements under the Purchasing code with regards to
piggybacking off a State contract and she understands the concern with regards to the
price quote.
Ms. Painter stated she spoke with ShowTurf today and they are still
honoring the same price.
Vice Mayor Petrolia moved to approve Item 9.13.11. (formerly Item
8.K.1.), seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr.
Frankel — Yes; Deputy Vice Mayor Jarjura— Yes; Mayor Glickstein-- Yes; Vice Mayor
Petrolia—Yes; Mr. Jacquet—Yes. Said motion passed with a 5 to 0 vote.
9.A. CONDITIONAL USE REQUESTICODA: Consider approval of a
conditional use request pursuant to Land Development Regulations (LDR) Section
4.4.6(D)(12), "Conditional Uses and Structures Allowed: Large Family Child Care
Home", to accommodate sixteen (16) townhomes in four (4) three-story buildings for
Coda, located on the south side of S.W. 1st Street, between S.W. 1st Avenue and S.W. 2"d
Avenue. (Quasi-Judicial Hearing)
Mayor Glickstein read the City of Delray Beach Quasi-Judicial rules into
the record for this item and subsequent Quasi-Judicial items.
Kimberly Wynn, 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. Mr. Frankel stated the ex parte communications are what he previously
disclosed. Deputy Vice Mayor Jarjura stated she reviewed this item at the January 27,
2014 Planning and Zoning Board meeting. Mayor Glickstein stated he had no ex parte
communication. Vice Mayor Petrolia states she had no ex parte communications. Mr.
Jacquet sated he had no ex parte communications.
Mark McDonnell, AICP, Director of Planning and Zoning, entered the
Planning Department project file 42014-014.
Mr. McDonnell stated this is consideration of a conditional use to allow a
density in excess of 12 units per acre proposed as 21.22 dwelling units per acre known as
Coda along the south side of S.W. 1st Street between S.W. grid Avenue and S.W. 1st
Avenue in the RM (Multi-family Residential, Medium Density) Zoning District. Mr.
McDonnell stated Parcel 1 measures 1.886 acres and contains six (6) three-story multi-
family residential buildings with a cabana building and a pool for a total of thirty-six (36)
residential units. The conditional use to allow 19.1 du/ac was approved by the City
Commission on January 3, 2006. The applicant is proposed to add Parcel 2 which is
currently vacant that will contain four (4) three-story four (4) unit townhouse buildings
for a total of sixteen (16) units bringing the overall density for the combined total of 52.
Mr. McDonnell briefly reviewed the performance standards for the conditional use.
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At its meeting of January 27, 2014, the Planning and Zoning Board
reviewed this item and after deliberation the Board recommended approval on a 7-0 vote.
Staff recommends approval subject to the conditions listed on page 13 of the staff report.
Tim Hernandez, New Urban Communities, 398 N.E. 6t' Avenue,
Delray Beach, FL 33483 (applicant), stated they are trying to complete the development
on the vacant parcel that exists south of S.E. 1St Street.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the conditional use request, to step forward at this time.
Tony (last name unknown), 110 S.W. 1" Avenue, Delray Beach, FL
33444, stated he is very happy with the Coda Development.
There being no one else from the public who wished to address the
Commission,the public comment was closed.
There was no cross-examination or rebuttal.
Mr. Jacquet stated he has never supported this for reasons he stated
previously.
Mayor Glickstein inquired about the density. Mr. McDonnell stated this is
compatible with what they have-now. Mayor Glickstein stated he supports these smaller
mixed-use developments.
The Interim 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 adopt the Board Order, seconded by Vice Mayor
Petrolia. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jadura—
Yes; Mayor Glickstein—Yes; Vice Mayor Petrolia—Yes; Mr. Jacquet—No; Mr. Frankel
—Yes. Said motion passed with a 4 to 1 vote, Commission Jacquet dissenting.
At this point, the time being 7:07 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 07-14 (FIRST READING/FIRST PUBLIC
HEARING): Consider a privately-initiated amendment to the Future Land Use Element
of the Comprehensive Plan, modifying the description of the General Commercial (GC)
Future Land Use designation, and Policy A-7.2 of the Future Land Use Element, to allow
an increase in density to a maximum of 24 units per acre, and establish a maximum Floor
Area Ratio (FAR) of 0,75 for lands zoned General Commercial (GC) which are located
within the Infill Workforce Housing Overlay District. If passed, a second public hearing
will occur upon review by the State.
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The caption of Ordinance No. 07-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ADOPTING A COMPREHENSIVE PLAN
AMENDMENT, PURSUANT TO THE PROVISIONS OF
THE "COMMUNITY PLANNING ACT", FLORIDA
STATUTES. SECTIONS 163.3161 THROUGH 163.3248,
INCLUSIVE; ALL AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ENTITLED "DELRAY
PRESERVE COMPREHENSIVE PLAN AMENDMENT",
AND INCORPORATED HEREIN BY REFERENCE;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 07-14 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 stated if this ordinance is passed this evening it will go
to the State for approval and if passed at the State level it will come back for a second
reading.
The Interim City Attorney stated there is a typo in the ordinance stating
that there was a first reading held by the City Commission on March 18, 2014 and that
was postponed to first reading tonight.
Mr. Frankel commented about an email in the backup about the opposition
and the request to defer. Mr. Frankel asked if there was a request to defer to tonight's
meeting.
Mark McDonnell, AICP, Director of Planning and Zoning, stated the
applicant requested a postponement and the day of the meeting they requested to be
placed back on the agenda and staff objected to that. Mr. McDonnell stated Ms. Miskel
came to the meeting and requested a postponement to April 15, 2014 which was then
moved to tonight.
Mark McDonnell, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file#2014-072 into the record.
Mr. McDonnell stated this is a first reading for Ordinance No. 07-14 and
is a privately-initiated amendment to the Comprehensive Plan in particular the Land Use
Element. He stated this proposal will modify Policy A-7.2 and the amendment is to
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increase the allowable density from the currently allowed 18 dwelling units per acre up to
24. Mr. McDonnell stated this is the provision of Workforce Housing and is identified as
an hlfill Workforce Housing site. He stated this also modifies the description of the
General Commercial description in the Land Use Plan reducing the FAR (Floor Area
Ratio) from the current 3.0 to the proposed 0.75. Mr. McDonnell stated the property
measures 8.57 acres and what is currently allowed is 1,119,928 square feet of commercial
and 154 multi-family residential units. Also, Mi. McDonnell stated if you go with the
currently allowed density you could have anywhere between 13 and 26 workforce units.
The proposal will drop the amount of non-residential by 839,947 square feet but it will
add 51 more residential units for a total of 205. Mr. McDonnell stated that 205 will give
the City between 25 and 55 workforce units. He stated it is a reduction in commercial
and an increase in residential. Mr. McDonnell stated this is the only property that this
amendment will affect because it is the only GC (General Commercial) property that is
currently in the workforce infill housing area. He stated the maximum density may be
increased Medium Density, General Commercial (GC), and Transitional (TRN). The
applicant's justification relates to the ability to develop the parcel of property located
within the North Federal Highway Corridor. The amendment is applicable to the
properties on GC and designated as infill and this has been identified as a blighted area
with the exception of some recent improvements; the subject amendment will assist in the
revitalization of the corridor while providing ample amount of residential development
which will have the opportunity to provide the workforce housing units. Mr. McDonnell
stated there is an indication in the report about the reduced number of traffic trips that
will be generated by the development if this amendment is passed so a reduction. of
17,275; there would be a net decrease in Solid Waste by 4,527 tons; the residential
development will assist in providing a buffer between the townhouse development to the
south and the commercial use to the north. Mr. McDonnell stated the residential
development will be incentivized by the increased density while also decreasing the
commercial potential on the site yet also providing the workforce housing. Mr.
McDonnell stated the changes will assist in providing appropriate transition or buffer
between the existing townhouse development Kokomo Key and the commercial parcel to
the north presently used for auto sales. He stated these incentives will provide
redevelopment of a vacant property and also provide the workforce housing component.
He stated the Silver Terrace Overlay District located on South Federal Highway adjacent
to the Plaza at Delray has a maximum density of 22 units per acre (The Franklin). Mr.
McDonnell stated one additional area in the GC zoning district was included in the
overlay and noted that the two (2) properties on Federal Highway were designated for
infill workforce housing. He stated higher densities are already permitted in other
workforce housing overlay districts with 22 units per acre permitted in Silver Terrace at
24 units per acre; in the SW neighborhood; Carver Estates in the I-95 CSX Railroad
Corridor; 30 units are allowed in the four corners district, and between 40-50 units per
acre are allowed in the MROC; 50 units around the Tri-Rail Station. Mr. McDonnell
stated it is important to get as many workforce housing program units so that the
affordable housing will remain available for a long time. The property is boarded on the
north side by AC (Automotive Commercial); the south by RM (Medium Density
Residential); on the west by GC (General Commercial) and the cast is the Town of Gulf
Stream; the immediate east is F.I.N.D. (Florida Inland Navigation District). He stated the
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higher density residential also adds to the commercial base and it will also aid in
redevelopment. Mr. McDonnell stated there are comments in the report provided by the
applicant regarding water and sewer supply, drainage, and the development would be
providing a fee for an in-lieu parking fee of$102,500.
At its meeting of February 13, 2014, the Community Redevelopment
Agency (CRA) recommended approval; at its meeting of February 25, 2014,the Planning
and Zoning Board reviewed this and the Board made a motion to approve but it failed on
a vote of 2 to 3 (Jarjura, Davey, and Durden dissenting; Shutt and Pierre-Louis absent).
Staff recommends approval.
Brief discussion between Mayor Glickstein and Mr. McDonnell followed.
Mayor Glickstein asked staff to explain the range of workforce housing.
Mr. McDonnell stated the 13 would be at 13 dwelling units per acre, 14, 15, 16, etc.
Mayor Glickstein stated with this specific proposal how many workforce housing units
would that generate.
At this point, the time being 7:25 p.m., Commissioner Jacquet returned to
the dais.
Bonnie Miskel, representing the petitioner, 14 S.E. 4th Street, Suite
#36, Boca Raton, FL 33432, stated this is privately-initiated Comp Plan Text
Amendment and in theory it could be applied anywhere within the city that is designated
in-fill workforce housing. Ms. Miskel stated because this text is limited to parcels that
have a general commercial zoning category there is one parcel that is designated that
which is the Swap Shop property. Ms. Miskel stated the request today is to modify the
description of the general commercial future land use designation and Policy A-7.2 of the
Land Use Element to allow an increase in density of a maximum of 24 units per acre and
establish a maximum FAR (Floor Area Ratio) of 0.75 for land zoned GC (General
Commercial) located within the infill Workforce Housing Overlay District. She stated
currently the site was approved with a Lennar project that was a mixed-use project. Ms.
Miskel stated there are 134 dwelling units mostly townhome but some condo; 15,480
square feet of retail and 6,825 square feet of office. The plan located the non-residential
along the frontage and the residential is all behind. Ms. Miskel stated the buildings that
run along the south property line are residential buildings and are primarily 3-story and
the minimum setback to the property line is ten (10) feet. She stated the Kokomo Keys
buildings are set back a little more from the property line than Lennar's proposal was and
the distance between the buildings ultimately would be sixty (60) feet. Ms. Miskel stated
this is 205 multi-family residential units and there is a one-story clubhouse along Federal
Highway and the other buildings are two and three story or the building on the east end
that runs north/south is a four-story building. She stated in an effort to mitigate impacts
posed to the residential community and also to the community to the south, it was
designed with the intent to move the buildings towards the center of the site away from
the property lines hence improving any potential negative impacts to the automotive use
to the north and to keep the development away from the neighbors to the south. Ms.
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Miskel reiterated that there is 125 feet between their building and the proposed building
which is more than double what Lennar had proposed. She stated there are two-story and
three-story buildings along the south; the four-story building is 200 feet away from their
nearest building. Ms. Miskel stated there is a compactor on the S.E. corner of the site and
the main egress/ingress to this site is really a singular egress/ingress and it is north of a
clubhouse on the southwest corner. She stated they will be relocating their access to the
north driveway running along the AC (Automotive Commercial) property and when they
have to use it they will be going out the exit located on the northwest corner of the site.
Ms. Miskel stated she met with the neighbors to better understand their concerns and they
identified three (3) principal concerns and the most important one had to do with the
intensity of the use and the concern about increased traffic. Ms. Miskel displayed a chart
explaining what the proposal really does versus what is allowed versus what is currently
approved. Ms. Miskel stated the second concern of the neighbors is what they would see
and they tried to do a line of sight based on what the buildings are on the south side of
their site and based on the distance there is between where the buildings are and their
buildings. Ms. Miskel stated they have committed to installing at least a six (6) foot
concrete wall. She stated the third concern raised was the location of the trash
compactor. Ms. Miskel stated their design team was able to find a way to relocate it and
they will modify their application to show it in the northeast corner. Ms. Miskel stated
they would like the opportunity for continued dialog with the community and to be able
to tweak whatever they can to make everybody happy. She stated they would like an
opportunity to continue forward and they will work with staff and the neighbors.
Mayor Glickstein asked if Ms. Miskel met with the HOA. Ms. Miskel
stated they met with Kokomo Key and that is when they heard some of these other issues
and tried to fix them for them.
Mayor Glickstein declared the public hearing open.
Kevin Osborn, 621 Allen Avenue,Delray Beach, FL 33483,read a brief
statement into the record and addressed a few specific items in the supporting business
case. Mr. Osborn stated he has communicated with over a dozen property owners on
Allen Avenue and not one of them is in favor of this increase in density. He urged the
Commission to turn down this request and employ the Commission to continue to make
decisions that are in the best interest of homeowners and residents and not just in the
interest in padding the pockets of developers.
Cynthia Taylor, 611 Allen Avenue, Delray Beach, FL 33483 (speaking
as a homeowner for 15 years), stated the neighborhood is quaint and she has seen
changes in the community. Ms. Taylor stated over these years she has seen a change and
trying to get out of her street is more difficult because of the traffic. She stated to have
205 extra units (50 more, 102 extra cars going to and from work) right next door to her
neighborhood with each unit having approximately two (2) cars, 410 more people going
to and from work Ms. Taylor stated when you come out of Allen Avenue you have to do
a U-turn and expressed concern over the extra traffic this proposal will generate.
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Fred Wiseman, 915 Kokomo Key Lane, Delray Beach, FL 33483,
stated it was mentioned by Mr. Osborn who lives on Allen Avenue that this is a blighted
area. Mr. Wiseman commented about The Estuary development valued at 5700,000 plus
immediately south of Kokomo Key and he does not understand how this area can be
considered blighted. Mr. Wiseman stated he opposes the increase in density from 18 to
24 units per acre. He stated The Estuary, Old Palm Grove, and Kokomo Key are
townhomes and this is what the residents are looking for but they oppose the idea of 205
apartments in this area.
Todd Harvey, 1071 Kokomo Key Lane, Delray Beach, FL 33483
(President of Kokomo Key Homeowners Association), stated the residents are not
opposed to a residential development but he expressed concern over the density. Mr.
Harvey stated it is a beautiful proposal but they do not support the density.
Janet Brockman, 1046 Kokomo Lane, Delray Beach, FL 33483, stated
it is very difficult when trying to get out of the community and you have to make a U-
turn to head south. She stated it is almost impossible with as much building that has gone
on to the north to even get anywhere to the south because of the amount of traffic that is
already cutting down through that corridor of Federal Highway. Ms. Brockman
expressed concern over the additional 205 units and stated it would be a disaster for
anybody that is already utilizing that part of the road.
Judy Fog, 1075 Kokomo Key Lane, Delra Beach, FL 33483, stated it
is her understanding that the City of Delray Beach spent a lot of money on a survey as far
as what they recommended for density. She suggested that the City follow what they
paid for and keep this the City by the Sea. Ms. Fox stated the project itself is beautiful
and she supports workforce housing but feels the density is too much.
There being o one else who wished to address the Commission regarding
g g g
Ordinance No. 07-14,the public hearing was closed.
Deputy Vice Mayor Jarjura asked the applicant to go over the changes that
were made to the project after the Planning and Zoning Board meeting. Ms. Miskel stated
after they met with the neighbors they moved the compactor, expanded the landscaping
buffer and added an extra tier. Therefore, Ms. Miskel stated they are going to add fuller
trees and add a taller level so that it is a multiple tier. She stated there will be a concrete
wall across the entire south side of the property and in an effort to distribute the traffic so
that everyone is not vying for the same opening (although they have to apply to FDOT
for it), is to use the northwest opening also for the residents traffic so that they can
distribute their traffic and so there will not be the same level of competing traffic. Ms.
Miskel stated they also agreed to move the dumpster to the northeast corner away from
their project. Ms. Miskel stated the old traffic plan was approved for both residential and
non-residential; this proposal is less than what is allowed there and what was approved
there. Ms. Miskel submitted a letter of support into the record. She stated the old plan
had-26% pervious and they are at 29% and explained they are even greener. Ms. Miskel
referenced an article in the Sun-Sentinel and stated the article reported that in Royal Palm
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Polo 1,000 people are waiting for homes that range from $1.2-$2 million; in Delray,
Boca, and Parkland over 60% of the homes that are available for sale today are $600,000
and up. She stated the need for workforce housing continues to grow and this proposal
would be double if Lennar built their project. Ms. Miskel reiterated that they offered a
new location for the dumpster, more than doubled the buffers between their buildings and
Kokomo Key, they have opened the northwest corner for ingress and egress to help
distribute traffic so that there will not be as much competing traffic. She stated they are
happy to continue the conversations with the entire community and explained they went
to the community that was most impacted.
Vice Mayor Petrolia inquired about the density that was permitted under
the Lennar. Ms. Miskel stated it was 18 units per acre. For the record, Ms. Miskel stated
they calculated their FAR (Floor Area Ratio) for the residential and they came to 2,030
square feet versus .75 would be 275,000 square feet so they are under a reduced
commercial category.
Vice Mayor Petrolia stated she understands the concerns about the density;
however, she weighs that against the commercial aspect of this community if it were to
be developed on a commercial sense and recognizes that they would be looking at a far
higher trips situation and also waste tonnage would also be increasing and that would be
more heavy trucks in and through the community. Vice Mayor Petrolia stated she also
recognizes the need for workforce housing and supports the increase.
Deputy Vice Mayor Jarjura stated given the record that was presented
tonight she supports the land use text amendment and it also meets the workforce
housing.
With regard to Mayor Glickstein's question about the workforce housing
units, Mr. McDonnell stated it is 20%which would equate to 41 units. Mayor Glickstein
asked what the applicant is up against in terms of submittal to the State. In response, the
Interim City Attorney stated it takes about 2-3 months (60-90 days). Ms. Miskel stated
this is a text amendment and there is not really any timing limitation although there are
contract timing issues.
Mr. Jacquet stated the workforce housing component at 20% is great. Mr.
Jacquet concurs with comments expressed by Commissioner Jarjura that this is more a
concern about traffic rather than density. Mr. Jacquet stated he does not have an issue
with the increased density because it does not foresee this as being problematic for traffic
or safety in the area. He applauds the applicant for meeting with the neighbors but
encouraged the applicant to meet with the others.
Mr. Frankel concurred with comments expressed by Commissioner Jarjura
and Commissioner Jacquet.
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Mayor Glickstein stated the comparisons to what could be there and what
is being proposed are significant and density is not necessarily bad. In his opinion,
Mayor Glickstein stated what is more important is the quality.of the development plan.
He stated there are some superior aspects of this to what was proposed by the previous
applicant most importantly the buffers between Kokomo Key and the development.
Mayor Glickstein stated he likes what has been done with the project compared to the
alternatives but he would like to see the density at 22 units per acre and he believes the
applicant can make it work economically at 22 units per acre.
Mr. Jacquet moved to approve Ordinance No. 07-14 on First Reading/First
Public Hearing, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mayor Glickstein — No; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr.
Frankel—Yes; Deputy Vice Mayor Jarjura—Yes. Said motion passed with a 4 to 1 vote,
Mayor Glickstein dissenting.
9.8. CONDITIONAL USE REQUEST/SEAGATE YACHT CLUB:
Consider approval of a conditional use request to Land Development Regulations (LDR)
Section 4.4.6(D)(6), "Conditional Use and Structures Allowed: Yacht Club with
Facilities", associated with the demolition of the yacht club building and construction of a
new yacht club facility that includes a 5,221 square foot, 3-story yacht clubhouse with a
swimming pool and the utilization of the existing 44 boat-slip marina at the Seagate
Yacht Club, located on the west side of MacFarlane Drive, between Miramar Drive and
Ingraham Avenue, south of East Atlantic Avenue. (Quasi-Judicial Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he had no ex parte communications to disclose. Mr.
Jacquet stated he had no ex parte communications to disclose. Deputy Vice Mayor
Jarjura stated she heard this item at the March 17, 2014 Planning and Zoning Board
meeting and while she checked with the Interim City Attorney to make sure she does not
have any conflicts, the applicant's attorney Mark Grant and she worked at the same firm
in 2008. Vice Mayor Petrolia stated she had no ex parte communications to disclose.
Mayor Glickstein stated he had no ex parte communications to disclose.
Mark McDonnell, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file#2014-066 into the record.
Mr. McDonnell stated this is a conditional use request to establish a Yacht
Club facility known as the Seagate Yacht Club which requires a conditional use approval
in the RM (Residential Medium) zoning district located on the west side of MacFarlane
Drive between Miramar and Ingraham Avenue. The existing Yacht Club was constructed
in 1963 and has had several modifications. Mr. McDonnell stated the yacht club building
will include the 44 boat slip marina, a dock master's office, social hall, exercise room,
men's and women's locker rooms/restroom, sundeck and a pool. He stated there is no
known history of incompatibilities between the existing yacht club and the adjacent
residential uses. Mr. McDonnell briefly reviewed the required findings for a conditional
use. He stated the rows of townhomes are being proposed and the Yacht Club is all the
way down to north side of the property.
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At its meeting of March 17, 2014, the Planning and Zoning Board held a
public hearing in conjunction with this request and the Board recommended approval
with a 7 to 0 vote.
Mr. McDonnell states staff approves the conditional use request for The
Seagate Yacht Club subject to the conditions listed in the memo.
Mayor Glickstein asked what item staff was seeking direction on from the
Commission. Mr. McDonnell stated there are two internal adjustments; one is between
the northern most townhouse building and the south fayade of the dock master building
and the other one is between the two townhouse buildings.
Vice Mayor Petrolia asked about the one between the two townhouse
buildings the Commission is not going to be discussing. Mr. McDonnell stated
eventually this will come before the City Commission but that is not associated with the
conditional use; both internal adjustments will come back to the Commission for
approval.
Mr. Jacquet expressed concern over the time limitations in condition#2 in
particular 7:30 a.m. to midnight on Sunday evenings and asked why the time limitations
are put in this condition. Mr. McDonnell stated there were concerns by area residents
that wanted to make sure if there were any parties occurring up there that they be limited
in their hours that they could do that and the applicant agreed to that. W. McDonnell
reiterated that the Planning and Zoning Board formulated this language in the condition
and the applicant agreed to it. Mr. Jacquet suggested that the hours of operation on
Sundays be from 7:30 a.m. to 10:00 p.m. versus 7:30 a.m.to midnight.
Mark Grant, Attorney representing the applicant, 200 East Broward
Boulevard #1500, Fort Lauderdale, FL 33301, stated they are here for the conditional
use approval only not the site plan. Mr. Grant stated this Yacht Club has been in
existence now for over 50 years and there is no procedure for changing the location of the
building and thus the reason for the conditional use request. He stated the prior approval
by the City Commission in 2006 was for twenty (2) condominium units in a four-story
building. Mr. Grant stated they are requesting ten (10) townhouses and three-story
buildings. He stated there are petitions signed by approximately 200 of the neighbors in
the general area so they have overwhelming support by the neighborhood. Mr. Grant
emphasized that there are 44 boat slips. Mr. Grant stated the Yacht Club building has a
gathering room on the second floor (approximately 1,100 square feet) with impact glass
windows throughout the building and noted it is unlikely that there would be much noise
coming from that type of a room. Mr. Grant stated the zoning would actually fit 3 8 units
based upon the acreage; however, they are requesting ten (10). He stated they will be
going in front of the Site Plan Review and Appearance Board (SPRAB)to request design
approval and the adjustments that staff mentioned between the buildings.
Richard Jones, Richard Jones Architecture, 10 S.E. 0 Avenue Suite
"A", Delray Beach, FL 33444, briefly reviewed some of the design features for this
proj ect.
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There being no one from the public who wished to speak in favor or in
opposition of the conditional use request, the public comment was closed.
Mr. Frankel stated this is a beautiful design and is a nice addition.
I
Deputy Vice Mayor Jarjura stated she supported this project at the
Planning and Zoning Board meeting and feels this is a significant improvement from
what was previously approved. She stated there is a decrease in height, density, and
square footage. Deputy Vice Mayor Jarjura stated this is a beautiful project and noted the
concern that was raised by some of the Board members who were in support of the
project was they wanted to make sure it did not impact the residential area and based
upon the infrastructure of the Yacht Club that it was not a full bar kitchen on the second
level was not a concern to her but it was a concern to other Board members and she is not
sure why Sunday was picked.
Vice Mayor Petrolia asked if the boat dockage will function as it does now
or will there be live-aboards. Mr. Grant stated it is going to function as it does now and
he does not know if live-aboards are allowed there. Vice Mayor Petrolia concurs with
comments expressed by Commissioner Jarjura and she does not have the concern of the
20 foot versus the 30 foot because she feels it is an internal issue.
Mr. Jacquet stated he supports the conditional use request.
Mayor Glickstein stated with regard to Commissioner Jarjura's point
about developers coming in below what they are entitled to do should be recognized.
Mayor Glickstein stated it is going to be a compliment to that area and he supports
Commissioner Jacquet's comment with regard to the hours of operation on Sunday
evenings and he would like to see that changed.
Mr. Grant stated the attorney is present and agrees to the change with
regard to the hours of operation on Sunday evenings (10:00 p.m. versus midnight).
The Interim 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 with conditions 41-5 listed in
the memorandum with the time change to Sunday (condition 42), seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes;
Mr. Jacquet — Yes; Mr. Frankel Yes; Deputy Vice Mayor Jarjura — Yes; Mayor
Glickstein—Yes. Said motion passed with a 5 to 0 vote.
9.C. PROPOSED CHANGES TO THE RULES OF PROCEDURE FOR
THE CITY COMMISSION: Consider approval of proposed changes to the
Commission Rules of Procedure to state that the second regular meeting during the
month of March shall take place immediately after the Annual Organizational Meeting
and the swearing in of the new Commission; and provide that in order for a City
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Commissioner to nominate someone for a Board appointment, the nominee must have
submitted their application for appointment to the City Clerk's Office by no later than ten
(10) days prior to the first meeting at which the Commissioner is eligible to nominate the
prospective board member.
The Interim City Attorney stated this proposed rule change is before the
Commission to address the proceedings with regards to the interim in between the
Election and the second regular City Commission meeting of the month as is required by
the Charter. The proposal is to provide that the second regular meeting through the
month of March will take place immediately after the Annual Organizational Meeting
and swearing in of the new Commission. The Interim City Attorney stated ChevelIe
Nubin, City Clerk, conducted a survey with regards to what other cities do and it seems
that most other cities handle it fairly close to the Election and it would be consistent with
what other jurisdictions are doing with regard to the swearing in of the new
Commissioners. Also, the Interim City Attorney stated this proposed rule change
addresses the direction given by the City Commission at the October 8, 2013 Workshop
meeting to provide applications for appointments for Boards shall be submitted to the
City Clerk's office no later than ten (10) days prior to the first meeting at which the
Commissioner is eligible to appoint the perspective board member.
Deputy Vice Mayor Jarjura asked why this approval is needed. The
Interim City Attorney stated this is before the City Commission because that was the
direction given at the April 1, 2014 City Commission meeting to further clarify that
direction that was given at the October 8, 2013 Workshop meeting so there is no
confusion for the public. Furthermore, the Interim City Attorney stated the idea is that
the rule would be incorporated into the Local Rules of the City Commission and also the
information would be provided on all perspective board member applications going
forward and also published on the City's website so there is no confusion going forward.
Deputy Vice Mayor Jarjura expressed concern that it appears the
Commission is voting on this twice and it should have been memorialized in writing
subsequent to the October 8, 2013 City Commission meeting. The Interim City Attorney
stated it was not memorialized at that point in time and thus the reason it is before the
City Commission now.
Mr. Jacquet concurs with comments expressed by Commissioner Jarjura.
Mr. Jacquet stated if it was a rule then it is a rule and to now for there to
be an agenda item to draft a rule memorializing what the City Commission did October 8,
2013 makes him feel that they really never had a rule. Mr. Jacquet stated it is one or the
other and he does not want to do both.
Vice Mayor Petrolia stated as she recalls the Commission was definitely
changing the rule at the time and that Commissioner Jacquet was in agreement with it
(seven days versus ten days) but he was just disagreeing with the timeframe. Vice Mayor
Petrolia stated everyone on the Commission agreed to that rule (4 to 1) with the exception
of Commissioner Gray who dissented. She understood it to be in place as soon as the
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Commission agreed to it and feels that is what happened. Vice Mayor Petrolia stated the
other item that the Commission is discussing was the item with regards to eliminating the
"lame duck" session (meeting in between the swearing in and the actual Election). Vice
Mayor Petrolia stated she is in full support of it taking into consideration what happened
at the March 18, 2014 City Commission meeting and does not want to ever see that
happen again in this city. Vice Mayor Petrolia stated she agrees with the language that is
being asked to be put into the rules.
Mr. Frankel asked who is in charge of enforcing these rules. The Interim
City Attorney stated these rules are enforced by the City Commission. Mr. Frankel stated
there needs to be someone in charge of these rules and there needs to be penalties if there
have been violations to the rules in general. Mr. Frankel suggested that there be an
enforcement mechanism and a penalty mechanism. Mr. Frankel stated if the Commission
has to abide by a set of rules that applies to the entire City Commission,he does not agree
that a member of the City Commission should be enforcing it. Mr. Frankel stated he
would like to see what other cities do with regard to this.
Mayor Glickstein stated there are compliance officers in different
municipalities focusing more on the contract administration; however, that can be
broadened.
The Interim City Attorney stated staff looked at this previously with
regards to putting in a civility provision and what staff determined in pulling code
provisions from other cities is that in some cities the Mayor or the Chairperson of the
Board is designated as the Sergeant-in-Arms who then can enforce the rules and help
provide order at the meeting. In other cities, they hire a separate Parliamentarian and in
some instances the City Attorney will act as the Parliamentarian to try and enforce the
rules. For any provisions for enforcement as far as penalties, other cities have limited it
to removing the person from the meeting if they are causing discord. The Interim City
Attorney stated she can obtain examples from other cities to see what they have done and
this can be discussed at a meeting or at a Goal Setting Session depending on how the City
Commission would like to look at the enforcement of the rules going forward.
Mayor Glickstein stated he supports eliminating the "lame duck" session
(in-between meeting) and with regard to enforcing the rules he concurs that the City
Attorney serves as the City's Compliance Officer and/or Sergeant-in-Arms. He stated the
City Attorney is not an elected official and should be the most versed in the
Parliamentary procedures,Local Rules, State law, etc. Mayor Glickstein stated context is
always important and the context of doing something differently at one point may be
more important for the Commission and that context may just apply for that particular
meeting or subject matter. Mayor Glickstein stated between context and acting
responsibly the Commission by large is following its Local Rules and ordinances but for
some reason where there is a consensus to modify that if not for that particular meeting or
subject matter or for an extended period of time, he feels the Commission has done that.
Mayor Glickstein stated the City Commission forms consensus both in the City
Commission meetings, Executive Sessions, and recent Closed Door Sessions where these
things are not memorialized but there is consensus. Mayor Glickstein stated the
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consensus to him is policy and the City Manager's central role is to implement policy.
Mayor Glickstein stated the City had a policy based on that consensus and the City Clerk
understood it but feels City Manager ignored the policy. Mayor Glickstein concurred
with Commissioner Jacquet's comment that the reason the Commission did that was to
provide relief to the City Clerk's office and it was done in conjunction with having to
deal with an applicant that came in at the last minute. Mayor Glickstein stated it
happened on a regular basis that the Commission was walking into meetings with new
resumes, new applications, and new information and in addition to the consensus of that
rule they extended that as a Commission as consensus is that there is no new information
delivered to the City Commission on the dais for subject matter.
After brief discussion, it was the consensus of the Commission to
eliminate the "lame duck" session. The consensus was as follows: Mr. Jacquet — Yes;
Vice Mayor Petrolia—Yes; Deputy Vice Mayor Jarjura Yes; Mr. Frankel—No; Mayor
Glickstein—Yes.
The Interim City Attorney stated Ms. Morrison requested that it be within
three (3) days of the Election; in the past the City waited until it received the Certified
Election Results which are not always within the three (3) days. The Interim City
Attorney stated under the City's Charter it requires two (2) meetings except for the month
of December and also the two (2) regular City Commission meetings. This would allow
the flexibility for the City to have that meeting on its regular Tuesday meeting without it
changing the City's Charter.
It was the consensus of the Commission that the Interim City Attorney
already has direction on the second portion of this (regarding applications for board
appointments) and it should have been codified into the Local Rules before to the extent
that the City Attorney's office feels it should have been.
9.D. QUIET TITLE/BLOCK 13 ALLEY: Consider authorization to Quiet
Title to Block 13 alleyway which was conveyed to the City by a County Deed dated
March 11, 2014.
The Interim City Attorney stated she is requesting authorization to Quiet
Title to Block 13 alleyway pursuant to an Interlocal Agreement that the City entered into
with the Community Redevelopment Agency (CRA) approved by the City Commission
on April 1, 2014. The Interim City Attorney stated the CRA has requested that the City
Quiet Title in order to ensure that the lands are insurable and transferable going forward.
Vice Mayor Petrolia moved to approve to authorize to Quiet Title to Block
13 Alley, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows:
Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor
Glickstein—Yes; Vice Mayor Petrolia—Yes. Said motion passed with a S to 0 vote.
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9.E. OFFER OF SETTLEMENT IN REGENIA CAMEL vs. CITY OF
DELRAY BEACH: Consider an Offer of Settlement in the total amount of$30,000.00
in Regenia Camel vs. City of Delray Beach. Staff recommends approval.
The Interim City Attorney stated this is an Offer of Settlement in the case
where a Plaintiff who was sitting on a bench at the Mike Machek Boy Seoul Park bench
which collapsed. The Plaintiff injured her hip, shoulder and back and accrued over
$47,000.00 in medical bills. The Offer of Settlement is in the amount of $30,000.00.
The Interim City Attorney stated the City is currently on a trial docket with a five (5) day
jury trial scheduled to begin May 5, 2014. Staff recommends approval.
Mr. Jacquet moved to approve the Offer of Settlement in the total amount
of $30,000.00 in Regenia Camel vs. City of Delray Beach, seconded by Mr. Frankel.
Upon roll call the Commission voted as follows: Mr. Frankel—Yes; Deputy Vice Mayor
Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes.
Said motion passed with a 5 to 0 vote.
9.F. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
9.G. NOMINATION FOR APPOINTMENT TO THE DELRAY BEACH
HOUSING AUTHORITY: Nominate one (1) regular member for appointment to the
Delray Beach Housing Authority to serve a four year term ending March 6, 2018. Based
upon the rotation system, the nomination/recommendation for appointment will be made
by Commissioner Frankel(Seat 43).
Mr. Frankel stated he would like to defer his nomination to the May 6,
2014 regular meeting.
9.H. NOMINATION FOR APPOINTMENT TO THE PLANNING &
ZONING BOARD: Nominate one (1) regular member for appointment to the Planning
& Zoning Board to serve an unexpired term ending August 31, 2015. Based upon the
rotation system, the nomination for appointment will be made by Commissioner Jarjura
(Seat#4).
Deputy Vice Mayor Jarjura moved to nominate Robin Bird as a regular
member to the Planning and Zoning Board to serve an unexpired term ending August 31,
2015, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as
follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor
Petrolia— Yes; Mr. Jacquet Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0
vote.
9.I. NOMINATION FOR APPOINTMENT TO THE BOCA RATON
AVIATION ADVISORY COMMITTEE: Nominate one (1) regular member for
appointment to the Boca Raton Aviation Advisory Committee to serve an unexpired term
ending May 31, 2016. Based upon the rotation system, the nomination for appointment
will be made by Commissioner Jarjura(Seat#4).
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Vice Mayor Petrolia asked for an explanation about this nomination.
Mayor Glickstein stated because this is an adjacent city it is more of a
courtesy appointment historically and there is also an appointment for Deerfield Beach on
this board. Mayor Glickstein stated the reason for this nomination is because Boca Raton
borders Delray Beach and their planes fly over our city.
Deputy Vice Mayor Jarjura moved to nominate Robert Victorin as a
regular member to the Boca Raton Aviation Advisory Committee to serve an unexpired
term ending May 31, 2016, seconded by Mr. Frankel. Upon roll call the Commission
voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet —
Yes; Mr. Frankel—Yes; Deputy Vice Mayor Jarjura— Yes. Said motion passed with a 5
to 0 vote.
9..1. NOMINATION FOR APPOINTMENT TO THE CODE
ENFORCEMENT BOARD: Nominate one (1) regular member for appointment to the
Code Enforcement Board to serve an unexpired term ending January 14, 2017. Based
upon the rotation system, the nomination for appointment will be made by Mayor
Glickstein(Seat 45).
Mayor Glickstein moved to nominate Ross Freeman as a regular member
to the Code Enforcement Board to serve an unexpired term ending January 14, 2017,
seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Ms. Petrolia
— Yes; Mr. Jacquet— Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura Yes; Mayor
Glickstein—Yes. Said motion passed with a 5 to 0 vote.
At this point, Commissioner Jacquet left the dais.
At this point,the Commission moved to Item 12, First Readings.
11. FIRST READINGS:
1].A. ORDINANCE NO. 11-14: Consider approval to amend Chapter 91,
"Animals", by repealing "Sea Turtles", Sections 91.50 through 91.99, in their entirety
and enacting a new Section 91.50 in its place in order to adopt by reference the Palm
Beach County Code provisions regarding the same. If passed, a public hearing will be
held on May 6, 2014.
The caption of Ordinance No. 11-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, BY AMENDING
CHAPTER 91, "ANIMALS", BY REPEALING "SEA
TURTLES", SECTIONS 91.50 THROUGH 91.99, IN
THEIR ENTIRETY AND ENACTING A NEW SECTION
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91.50 IN ITS PLACE IN ORDER TO ADOPT BY
REFERENCE THE PALM BEACH COUNTY CODE
PROVISIONS REGARDING THE SAME; PROVIDING
A GENERAL REPEALER CLAUSE; SAVING CLAUSE;
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 1114 is on file in the City Clerk's
office.)
The Interim City Attorney read the caption of the ordinance.
Al Berg, Assistant Director of Community Improvement, stated this was
discussed at the City Commission Workshop meeting of April 8, 2014. Staff discussed
some of the lighting issues, retrofitting, shielding, and the type of landscaping that could
be installed on the beach where it has been removed. Mr. Berg stated the City's business
plan was to work with County staff and contact the property owners who will be affected
and discuss different issues.
Mr. Frankel moved to approve Ordinance No. 11-14 on FIRST Reading,
seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr.
Frankel — Yes; Deputy Vice Mayor Jarjura -- Yes; Mayor Glickstein — Yes; Vice Mayor
Petrolia—Yes. Said motion passed with a 4 to 0 vote.
12. COMMENTS AND ]INQUIRIES ON NON-AGENDA ITEMS.
12.A. City Manager
The City Manager stated the Planning and Zoning candidates are reduced
to three (3) and scheduled to interview those three (3) on April 29, 2014.
Secondly, the City Manager stated the raise for the Police is subject to the
Collective Bargaining process. The first Collective Bargaining session with the Officers
and Sergeants was on April 9, 2014; the Lieutenants were on April 10, 2014. The City
Manager stated there will be a subsequent session with the Lieutenants on May 12, 2014
and the officers and Sergeants are scheduled for May 13th and May 10. The City
Manager stated the City also has scheduled Collective Bargaining for fire whose
Collective Bargaining Agreement is set to expire. He stated these dates are set for May 7,
2014 and May 16,2014.
The City Manager stated the possible consolidation with Palm Beach
County Fire-Rescue is scheduled for the City Commission Workshop meeting of May 13,
2014.
Lastly, the City Manager commented about the process for rebidding the
City's Health insurance. The City received three (3) successful respondents and the City
was able to hold its rates steady and actually reduce health insurance preiniums and in
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some cases amongst employees who receive salaries less than $50,000 a year and noted
the City's health insurance rate renewal increased approximately by 5%.
12.B. City Attorney
The Interim City Attorney stated there is a Closed Door Session on Friday,
April 18, 2014 with regard to the Waste Management settlement at 3:00 p.m. In addition,
the Interim City Attorney stated there will be an Executive Session with regards to
Collective Bargaining issues on Friday, April 18, 2014 at 2:00 p.m. in the City Manager's
Conference Room.
Mayor Glickstein asked what the City's publication issues are relative to a
Special meeting that may come out of that closed door session. Mayor Glickstein stated
Waste Management has until April 28, 2014 to file an appeal so there is a mutual
objective to resolve this prior to that. Mayor Glickstein stated he would like to ensure
that there is enough time to publish and conduct a Special meeting.
After brief discussion, it was the consensus of the Commission to decide
on Friday, April 18, 2014 when the date of a Special meeting will be and publish for that
meeting accordingly.
12.C. City Commission
12.C.1. Mr. Frankel
Mr. Frankel asked if it would be appropriate to place the proposed changes
to the Rules of Procedure for the City Commission on an agenda for ratification. The
Interim City Attorney stated further amendment to the rules would be sufficient to
address Mr. Frankel's concern regarding compliance.
Mayor Glickstein concurs with Commissioner Frankel that it should come
back with a scope of responsibility. The Interim City Attorney stated staff can add this as
well.
Mr. Jacquet stated the consensus in the policy is not to make the City
Attorney the parliamentarian but to bring the item before the City Commission to discuss
and then to move forward if the Commission so desires.
In his opinion, Mr. Frankel stated if a violation occurs, he requested that
the City Attorney inform the City Commission and stop what is going on.
12.C.2. Deputy Vice Mayor Jarjura
Deputy Vice Mayor Jarjura stated with regard to Mr. Smith's suggestion
about the sidewalk deferrals she requested a memo from staff. Deputy Vice Mayor
Jarjura stated she previously pulled the sidewalk deferrals to find out what the criteria for
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sidewalk deferrals are and while she understands it is not a waiver of sidewalks and they
are shown on the plans, she understands that the sidewalk deferrals on the agenda tonight
are with respect to the neighborhoods. Deputy Vice Mayor Jarjura stated she does not
want to deviate from the character of the neighborhoods. Deputy Vice Mayor Jarjura
stated going forward she feels the City should be the representative in trying to get
complete streets and larger sidewalks and an impact fee in lieu of the deferral.
Secondly, Deputy Vice Mayor Jarjura stated Atlantic High School's
Robotic Team won the National Championship and feels they should be recognized for
their accomplishment. Kimberly Wynn, Acting City Clerk, stated this will be placed on
the May 6, 2014 agenda.
With regard to the Rules of Procedure for the City Commission, Deputy
Vice Mayor Jarjura stated if there are other rules directed by the City Commission but
have not yet been memorialized in writing, she requested that these be memorialized in
writing so that everyone is clear on what these are. In addition, Deputy Vice. Mayor
Jarjura requested that the Rules of Procedure for the City Commission also be available
on the City's website and if these are pertinent to the Advisory Boards it should be placed
on the Advisory Board's page so that everyone is aware of them if they were not already
advised by City staff.
With regard to the agenda, Deputy Vice Mayor Jarjura stated she had
raised this concern both to the City Manager and the Interim City Attorney, that it
appears to her that things being placed on the agenda that have not been properly vetted.
Deputy Vice Mayor Jar ura stated one of the items on the Consent agenda was in
violation of the City's Procurement Code. Also, Mr. Jarjura stated she does not feel the
Waste Management settlement agreement was ready to be placed on tonight's agenda.
Deputy Vice Mayor Jarjura requested that if an item has budgetary impact and legal
impact that both the City Attorney's office and the Finance Director have properly vetted
the item(s) prior to the item(s) being placed on the Agenda. Deputy Vice Mayor Jar ura
stated this goes back to making sure that it has been vetted at the Agenda Preparation
Meeting before it is placed on the agenda and before being published to the public to help
avoid some of the confusion and problems that are arising from the agendas.
Lastly, Deputy Vice Mayor Jarjura requested a status update with regard
the City Attorney process. Deputy Vice Mayor Jarjura stated the City of Coconut Creek
has advertised for a City Attorney and they have a headhunter. Deputy Vice Mayor
Ja&ra stated she is sure that many of the same applicants that are applying to City
Attorney position for the City of Delray Beach are also applying to the City of Coconut
Creek. Deputy Vice Mayor Jarjura stated the City Attorney position is a key position that
we need to get filled.
12.C.3. Vice Mayor Petrolia
Vice Mayor Petrolia stated in anticipation of some of the upcoming
reviews, she asked the City Manager to provide her three of his most significant
operational changes that he has implemented this year and a list of the departments that
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he has right-sized. Vice Mayor Petrolia stated she would like the City Manager to have
this information back to her by the end of next week. Vice Mayor Petrolia inquired
whether the City Manager's evaluation will be discussed at the May 6,2014 agenda.
Secondly, Vice Mayor Petrolia stated it was brought up last week about
how she reads prepared statements into the record and she felt it was important to make
sure that everyone understands why she reads prepared statements into the record. Vice
Mayor Petrolia stated she prepares statements to be sure she does not drone on and on
about an issue only to go off on a tangent and ultimately lose the attention of her
colleagues and constituents through sheer boredom or a continuous repetitive loop of
words. During any meeting Vice Mayor Petrolia stated if she finds her statements are no
longer applicable or a discussion has changed her opinion, she has the ability to alter her
statement or as she has done in the past many times she can just not read her statement.
Vice Mayor Petrolia stated most of the time she finds that her statements are truly
reflective of what she believes mainly because she comes to the meetings prepared by
doing a lot of research before she formulates an opinion. Vice Mayor Petrolia stated to
be both concise and considerate of others time she chooses to write rather than ramble.
12.C.4. Mir. Jacquet
Mr. Jacquet stated he had no comments.
12.C.5. Major Glickstein
Mayor Glickstein asked the Commission if they are prepared to move
forward with regard to the City Attorney.
Mr. Frankel stated he gave his list of five (5) and provided an alternate;
however, he did not rank them.
Deputy Vice Mayor Jarjura stated she is comfortable with moving forward
because she gave a ranking of all five (5)names.
Mayor Glickstein stated he is comfortable with moving forward. He
stated the first round of advertisements did not include the Florida Bar Journal and the
Florida Bar News; the second advertisements included those. Mayor Glickstein stated he
ranked them and concurred with comments expressed by Mr. Frankel about not feeling
comfortable ranking these individuals based on paper. Mayor Glickstein stated rather
than putting a lot into the rankings that the Commission move forward with the five (5).
Vice Mayor Petrolia stated she is not comfortable with moving forward
because she feels this is one of the most important decisions that the Commission is
.going to make. She stated she only saw 15 responses out of the 67 applicants. Vice
Mayor Petrolia stated the Commission did not have a conversation at the beginning of
this as to whether or not this was the route the Commission wanted to take. Vice Mayor
Petrolia stated she would rather of had the applicants that were sent in maybe gone
through and determined who the Commission was going to be choosing based on
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possibly a committee that was selected one for each Commissioner so that the
Commission could have narrowed it down to the fifteen (15) rather than somebody that
she has no idea narrowed it down and who was taken out of the process. Vice Mayor
Petrolia stated she does not feel that this has to be rushed and noted the City currently has
an Attorney that is doing a good job. Vice Mayor Petrolia stated she prefers to take a
step back but if the consensus of the Commission is to go forward she will do what is
asked of her.
Mr. Jacquet stated everything that has happened so far has been right in
line with what has been discussed and now the concern is if the Commission is ready to
move forward. Mr. Jacquet concurs that the Commission should not move forward yet.
Brief discussion by the Commission followed regarding the selection
process for the City Attorney. Mayor Glickstein asked if a lawyer was involved in the
process. The City Manager stated Shirley McKennon, Human Resources Director, was
the only individual who selected the 15 candidates from the 67 applicants. Mayor
Glickstein expressed concern that Ms. McKennon is not an attorney and asked whether or
not she has ever hired a City Attorney. Mayor Glickstein stated he was ready to move
forward but also feels the City has a very capable Interim City Attorney. Mayor
Glickstein stated having someone who has been legally trained looking over those
applications is crucial.
The City Manager stated the longer the Commission waits the less likely
they are to have candidates out of that group.
Mr. Jacquet stated the key is to have some attorneys on that Selection
Committee.
Deputy Vice Mayor Jarjura asked when the cut-off date was for the City
Attorney position. The City Manager stated these applications have been in our hands for
about one month. Deputy Vice Mayor Jarjura stated when she met with Shirley
McKennon, Human Resources Director the other day she advised her that there was a set
of minimum qualifications and that is how she called the List. Deputy Vice Mayor Jarjura
asked if this was an objective set of minimum qualifications or was there any subjectivity
involved in reviewing it. The City Manager stated Ms. McKennon indicated to Deputy
Vice Mayor Jarjura that she had used some subjectivity on some.
Mr. Jacquet concurs with Mayor Glickstein that having someone who has
been legally trained looking over the applications is crucial.
i
Vice Mayor Petrolia suggested that the Commission put this going
forward and take what they have and allow for a committee to sit down with this and go
through this again to make sure that the fifteen (15) candidates that has been picked are
the fifteen(15)that the Commission should really be considering.
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Mayor Glickstein stated if the advertising process for the City Attorney
was adequate and the City has closed the position then he believes that the pool of
applicants is set and the other thing the Commission needs to decide is how that is going
to be vetted.
Mr. Jacquet suggested that the City Commission get the entire list of
applicants to go through them and whittle down from there. He feels the City
Commission should be involved at every step of the process. Mayor Glickstein inquired
about what objective criteria was used and asked the Interim City Attorney if there was
any criteria published as to what that was.
Terrill Pyburn, Interim City Attorney, stated there was criteria published
so that you had to be practicing for at least five (S) years and it was preferred that you
have governmental experience. Ms. Pyburn stated it was discussed at the December 10,
2013 City Commission meeting when she was appointed Interim City Attorney and the
deadline to apply for the City Attorney was January 27, 2014.
Mayor Glickstein briefly discussed the baseline objective criteria and
asked the Human Resources Director to call the list based on the following criteria: (1)
minimum ten (10) years of Florida Municipal Law and (2) a valid Florida Bar license and
that the list be completed by Friday, April 18, 2014. Mayor Glickstein requested that one
week from Friday the Commissioners come up with approximately ten (10)
recommendations. Deputy Vice Mayor Jarjura stated the Commission will have to rank
them again in the event there are ten (10) different names. The City Manager suggested
that the Commission have a selection committee. Deputy Vice Mayor Ja&ra reiterated
that her fear is that the City Attorney position was closed on January 27, 2014 and there
are a limited number of attorneys.
Mayor Glickstein asked the City Manager to get some information with
regard to the beach pavilion comments expressed by Mr. Blum.
Mayor Glickstein stated the City Commission needs to come to a policy
agreement on the sidewalk deferrals and he would like to bring this back to the
Commission for further discussion. Mayor Glickstein stated the City is either going to
continue with sidewalk deferrals or stop it and start making people put in their sidewalks.
Mayor Glickstein stated with regard to the Clergy the consensus of the
Commission was that they wanted to continue the practice but keep it non-
denominational. He stated the idea was to have Chaplains who are used to dealing with
multi-faith congregations.
Mayor Jacquet. stated if the City is going to hire a Sergeant at Arms that
they could also require them to obtain their certification as a Chaplain.
Mayor Glickstein stated the City of Delray Beach was recognized by the
U.S. Department of Housing and Urban Development and is commended for its
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performance in expending a 100% of its Community Development Block Grant (CDBG)
Funds on activities benefitting low and moderate income persons.
Mayor Glickstein stated he was asked by former Mayor Mr. Tom Lynch to
read a letter into the record requesting that the City Commission eliminate the four (4)
vote super majority and make the termination of the City Manager position subject to a
simple three (3) vote of the City Commission and that this be placed this on the August
2014 Primary Ballot. Mayor Glickstein stated because this is a tinning issue regarding the
August primary he would like the City Commission to evaluate a proposed ordinance to
change the Charter consistent with the last Charter Review Committee to eliminate the
super majority vote.
Mr. Jacquet expressed concern that even if this Commission were to
decide to go in that direction why would this go on the August Primary Ballot. Mr.
Jacquet stated if the City Commission wants to place something on the ballot it should be
in March when a City Election is held because it will be a true representation of what the
people of Delray want.
Vice Mayor Petrolia stated she supports placing this on the August ballot.
Deputy Vice Mayor Jarjura stated she supports placing this on the August
ballot.
Mr. Frankel thanked the six people who are still sitting in the audience.
Mr. Frankel stated he has the utmost respect for former Mayor Tom Lynch; however, he
does not support scheduling a single issue on an August election where anywhere from
20-40% of people are not here that time of year since because it is off-season. For the
record, Mr. Frankel stated it is very important not to rush the City Attorney hiring
because it is a very important position and noted that the City just went through with a
Charter Review Committee where this was not brought before the City Commission as a
recommendation. Mr. Frankel stated he appreciates Mr. Lynch's history as a former
Mayor and as a Delray businessman; however, Mr. Frankel stated he believes that for a
Commission who campaigned and has publicly stated about openness and transparency to
bring this up like this he has questions. Mr. Frankel suggested that the Commission bring
this up as a first issue item at the next meeting for discussion.
Mayor Glickstein stated he supports the ideas in the letter and the format
by which it is vetted publicly he concurs with Commissioner Frankel that there is nothing
that has to be decided tonight other than if the Commission is interested in discussing this
further that it be placed on a Workshop in May. Mr. Jacquet stated the turnout for a
General Election issue is probably more than it is just for a Delray Municipal Election.
Mr.. Jacquet stated if it is put on an August primary the Delray issue gets lost and
suggested that this be placed on the ballot for March. Mr. Jacquet stated he does not have
a problem with the Commission changing it but if the Commission agrees to change it
and the people agree to change it that is fine.
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Mr. Jacquet noted that he will not be here for the May 13, 2014 Workshop
meeting. Mayor Glickstein suggested that this issue be placed on the City Commission
meeting of May 6, 2014 as a regular agenda item for discussion.
After brief discussion, it was the consensus of the City Commission to
place this issue (Charter Revision to eliminate the four (4) vote super majority and make
the termination of the City Manager position subject to a simple three (3)vote of the City
Commission) on the City Commission meeting of May 6, 2014 as a regular agenda item
for discussion.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 10:02 p.m.
ity Clerk
ATTEST:
AYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on April 16, 2014, which Minutes were formally approved and adopted by the City
Commission on June 3, 2014.
Am"I
0 City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
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IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR CODA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request to increase the residential density of the
project to 21.22 dwelling units per acre for CODA, located along the south side of SW
15t Street between SW 2nd Avenue and SW 1St Avenue, has come before the City
Commission on April 16, 2014.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for CODA.
All of the evidence is a part of the record in this case. Required findings are made in
accordance with Subsections I and II.
1. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future_ Land Use Element Objective A-1: This
objective requires that the property shall be developed or redeveloped as it pertains to
height, in a manner so that the future use and intensity is appropriate in terms of soil,
topographic, and other applicable physical considerations, is complementary to adjacent
land uses, and fulfills remaining land use needs.
Is the Future Land Use Element Objective A-1 met?
Yes V*' No
b. Future Land Use Map: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land Use
Map. The subject property has a Future Land Use Map designation of Transitional and
is zoned Residential Office.
Regular Meeting April 16,2014; Item 9.A.
Is the project's proposed location consistent with the Future Land
Use Map?
Yes V' No
C. Concurrence: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service established
within the Comprehensive Plan.
Concurrency as defined pursuant to Objective B-2 of the Land Use Element of
the Comprehensive Plan must be met and a determination made that the public facility
needs of the requested land use and/or development application will not exceed the
ability of the City to fund and provide, or to require the provision of, needed capital
improvements for the following areas:
Are the concurrency requirements met with respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes f No
d. Consistency: Will the granting of the conditional use be consistent with
and further the goals and policies of the Comprehensive Plan?
Yes f No
II. LDR REQUIREMENTS:
a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not-
1. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
2. Hinder development or redevelopment of nearby properties.
Are Section 2.4.5(E)(5) requirements met?
Yes No
2 Regular Meeting April 16,2014; Item 9.A.
b, Increase in Density. Pursuant to LDR Section 4.4,6(1), an increase
in density greater than 6 dwelling units per acre may be approved by the City
Commission provided that positive findings are made regarding the performance
standards.
L.DR Section 4.4.6(1)- Performance Standards. These standards shall apply to all
site plans approved subsequent to October 7, 1997, and for modifications to
existing developments which involve the creation of additional residential units.
In order to increase a project density beyond six (6) units per acre, the approving body
must make a finding that the development substantially complies with the performance
standards listed in this section, The intent of the standards is to mitigate the impacts of
the additional density both internal and external to the site. The extent to which a
project meets the standards will determine the number of units per acre that will be
permitted. For example, if a project meets or exceeds all of the standards, and is
otherwise consistent with applicable standards and policies of the City's Comprehensive
Plan and Land Development Regulations, the maximum density is permitted. Projects
which only partially achieve these standards will be permitted a correspondingly lower
density. The performance standards are as follows:
(a) The traffic circulation system is designed to control speed and reduce
volumes on the interior and exterior street network. This can be
accomplished through the use of traffic calming devices street networks
consisting of loops and short segments, multiple entrances and exits into
the development; and similar measures that are intended to minimize
through traffic and keep speeds within the development at or below 24
m.p.h.
(b) Buildings are placed throughout the development in a manner that
reduces the overall massing, and provides a feeling of open space.
(c) Where immediately adjacent to residential zoning districts having a lower
density, building setbacks and landscape materials along those adjacent
property lines are increased beyond the required minimums in order to
provide meaningful buffer to those lower density areas. Building setbacks
are increased by at least 25% of the required minimum; at least one tree
per 30 linear feet (or fraction thereof) is provided; trees exceed the
required height at time of planting by 25% or more, and a hedge, wall or
fence is provided as a visual buffer between the properties.
(d) The development offers a varied streetscape and building design. For
example, setbacks are staggered and offset, with varying roof heights (for
multi-family buildings, the planes of the facades are offset to. add interest
Regular Meeting April 16,2014; Item 9.A.
and distinguish individual units). Building elevations incorporate diversity
in window and door shapes and locations, features such as balconies,
arches, porches, courtyards. and design elements such as shutters,
window mullions, quoins, decorative tiles, etc.
(e) A number of different unit types, sizes and floor plans are available within
the development in order to accommodate households of various ages
and sizes. Multi-family housing will at a minimum have a mix of one, two
and three bedroom units with varying floor plans. Single family housing
(attached and detached) will at a minimum offer a mix of three and four
bedroom units with varying floor plans.
(t} The development is designed to preserve and enhance existing natural
areas and/or water bodies. Where no such areas exist, new areas, which.
provide open space and native habitat, are created and incorporated into
the project.
(g) The project provides a convenient and extensive bicycle/pedestrian
network, and access to available transit.
Are the requirements for an increase in density under Section 4.4.6(1) met?
Yes ✓ No
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted.
6. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves ✓
denies the conditional use request set forth above subject to the conditions set
forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this order
4 Regular Meeting April 16,2014; Item 9.A.
this 16th day of April, 2014, by a vote of 4 in fa approval and 1 opposed.
C�. lickstein, Mayor
ATTEST: ,
Chevelle Nubin
City Clerk
5 Regular Meeting April 16,2014; Item 9.A.
EXHIBIT A
TO THE CONDITIONAL USE REQUEST FOR CODA
1. That the applicant submit an application for Class IV Site Plan Approval which at a
minimum addresses the following issues identified in the attached Planning and
Zoning Board staff report:
a, A waiver to LDR Section 4.4.6.(F)(3)(c), front porches cannot occupy more
than fifty percent (50%) of the building frontage and cannot be enclosed in
any manner. The plans propose more than 50% of the building frontage
along SW 2nd Avenue (66%) and SW 15f Avenue (66%) to be occupied by
front porches.
b. A waiver to LDR Section 4.6.14(B)(6), the forty foot (40`) sight visibility
triangles at the intersection of two (2) rights-of-way. The two (2) of the
proposed four (4) story townhome buildings obstruct the sight visibility
triangles at thirty feet (30) at both intersections.
c. That the five feet (5') of right-of-way deed for SW 1$t Avenue be processed
and approved by the City Commission prior to building permit issuance.
d. That the applicant will provide the values for the unit size chart as it relates to
the proposed 2 and 3 bedroom units on the site plan or floor plan associated
with the conceptual site plan.
2. Verification from the Palm Beach County Traffic Division that the project will meet
traffic concurrency.
Regular Meeting April 16,2014; Item 9.A.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELlRAY BEACH, FLORIDA,
CONDITIONAL USE REQUEST FOR SEAGATE YACHT CLUB
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request to permit the establishment of a yacht club
facility in the RM (Medium Density Residential) Zoning District to be located on the west
side of MacFarlane Drive between Miramar Avenue and Ingraham Street (110
MacFarlane Drive), has come before the City Commission on April 16, 2014.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for the
Seagate Yacht Club. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsections I and 11.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future Land Use Element Ob'ective A-1: This
objective requires that the property shall be developed or redeveloped as it pertains to
height, in a manner so that the future use and intensity is appropriate in terms of soil,
topographic, and other applicable physical considerations, is complementary to adjacent
land uses, and fulfills remaining land use needs.
Is the Future Land Use Element Objective A-1 met?
Yes */ No
b. Futureland Use Map: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land Use
Map. The subject property has a Future Land Use Map designation of MD (Medium
Density Residential) and is zoned RM (Medium Density Residential).
Regular Meeting April 15,2014;Item 9.13.
Is the project's proposed location consistent with the Future Land
Use Map?
Yes A"" No
C. Concurrency: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service established
within the Comprehensive Plan.
Concurrency as defined pursuant to Objective B-2 of the Land Use Element of
the Comprehensive Plan must be met and a determination made that the public facility
needs of the requested land use and/or development application will not exceed the
ability of the City to fund and provide, or to. require the provision of, needed capital
improvements for the following areas:
Are the concurrency requirements met with respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes '/ No
d. Consistency: Will the granting of the conditional use be consistent with
and further the goals and policies of the Comprehensive flan?
Yes ✓ No
II. LDR REQUIREMENTS:
a. LDR Section 2.4.5(E) Required Findings: (Conditional U e1: Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
1. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
2. Hinder development or redevelopment of nearby properties.
Are Section 2.4.5(E)(5) requirements met?
Yes No
2 Regular Meeting April 16,2094;Item 9.8.
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves ✓
denies the conditional use request set forth above subject to the conditions set
forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this Order
this 16th day of April,,2014,, by a vote of 5 in favor f approval and 0 opposed.
a D ' stein, Mayor
AT;`E�'T.
- 1
Cheveile N bin
City Clerk
3 Regular Meeting April 16,2014;Item 9.8.
EXHIBIT A
TO THE CONDITIONAL USE MODIFICATION
REQUEST FOR SEAGATE YACHT CLUB
1. That the applicant submits a Class V site plan, landscape, and architectural
elevations indicating all proposed upgrades for consideration by the Site Plan
Review and Appearance Board (SPRAB);
2_ That there will be no amplified music allowed on the rooftop of the Yacht Club
Building and that the hours of operation will be limited to: 7:30 a.m. to 10:00 p.m.
Sunday to Thursday and 7:30 a.m. to Midnight on Friday and Saturday;
3. That the Yacht club will not be opened to the general public but will be used by
the owner of the 10 townhome units and the owners and renters of the 40 boat
slips marina as allowed by the Seagate Corporation;
4. That the required internal adjustments associated with LDR Section 4.3.3
(0)(3)(C) be reviewed and recommendation made to the City Commission by the
Site Plan Review and Appearance Board (SPRAB):
• To reduce the separation between the two townhome buildings from the
required 30' to the proposed 20'; and
• To reduce the separation between the most northern townhome building and
the Yacht Club from the required 30' to the proposed 20'; and
5. That pursuant to Land Development Regulation (LDR) Section 4.3,3(0)(2), each
townhouse development needs to be platted with a minimum designation of the
interior street (including sidewalk easements) as a tract if applicable. If the units
are to be sold as fee-simple units then each unit must be shown on the plat.
Regular Meeting April 16,2014;Item 9.B.