06-03-14 Regular Meeting Minutes i
JUNE 3, 2014
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A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at
City Hall at 6:00 p.m., Tuesday, June 3, 2014.
1. Roll call showed:
Present- Vice Mayor Shelly Petrolia
Commissioner Alson Jacquet
Commissioner Adam Frankel
Deputy Vice Mayor Jordana Jarjura
Mayor Cary Glickstein
Absent- None
Also present were - Robert A. Barcinski, Acting City Manager
Terrill Pybum, Interim City Attorney
Chevelle D.Nubin, City Clerk
2. The opening prayer was delivered by Chaplain Anthony Cusco.
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3. The Pledge of Allegiance to the flag of the United States of America was
given.
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4. APPROVAL OF NLINUTES:
Vice Mayor Petrolia moved to approve the Minutes of the
Special/Workshop Meeting of February 11, 2014 Special/Workshop Meeting, seconded
by Mr. Frankel. 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 April 16, 2014, 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.
5. PRESENTATIONS:
5.A. Recognizing Student Ambassadors: Julie Duca, Alexandra Edoff,
Christian Hoffman,Luna Jean, Kelli McCourt,Teagan.Murphy and Leah Stephens
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David Schmidt, speaking on behalf of the Board of Sister Cities of Delray
Beach, introduced the following student ambassadors: Julie Duca, Alexandra Edoff,
Christian Hoffman, Luna Jean,Kelli McCourt, Teagan Murphy and Leah Stephens
who will be leaving on Friday to travel to Sister City Miyazu, Japan, where the students
will be doing home stays and having an opportunity to attend a high school there for a
few days before traveling onto Kyoto, Japan. Mr. Schmidt thanked the City Commission
for their support and the proclamation.
Mayor Glickstein read a proclamation hereby recognizing Julie Duca,
Alexandra Edoff, Christian Hoffman, Luna Jean, Kellie McCourt, Teagan Murphy,.
and Leah Stephens as Student Ambassadors representing the City of Delray Beach.
5.B. RESOLUTION NO. 26-14: Approve Resolution No. 26-14 recognizing
and commending Hal Knabb, Paramedic Captain, for 30 years of dedicated service to the
City of Delray Beach.
The caption of Resolution No. 26-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING BENJAMIN H. KNABB FOR
THIRTY YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRAY BEACH.
(The official copy of Resolution No. 26-14 is on file in the City Clerk's
office.)
Danielle Connor, Fire Chief, gave a few brief comments.
Mayor Glickstein read Resolution No. 26-14 recognizing and
commending Hal Knabb, Paramedic Captain, for thirty (30) years of dedicated service to
the City of Delray Beach.
Mayor Glickstein moved to approve Resolution No. 26-14, seconded by
Mr. Frankel. 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.
5.C. RESOLUTION NO. 28-14: Approve Resolution No. 28-14 recognizing
and commending Mr. Robert A. Barcinski, Acting City Manager, for his dedicated
service to the City of Delray Beach.
The caption of Resolution No. 28-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING ROBERT A. BARCINSIC FOR
MORE THAN TWENTY-NINE YEARS OF
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DEDICATED SERVICE TO THE CITY OF DELRAY
BEACH.
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(The official copy of Resolution No. 28-14 is on file in the City Clerk's
office.)
Mayor Glickstein read Resolution No. 28-14 recognizing and
commending Mr. Robert A. Barcinski, Acting City Manager, for more than twenty-nine
(29) years of dedicated service to the City of Delray Beach.
Mr. Jacquet moved to approve Resolution No. 28-14, 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.
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5.1). Florida City and County Management Association — Presentation to
Mr.Robert A. Barcinski
George Brown, Deputy City Manager, for the City of Boca Raton, 201
West Palmetto Park Road, Boca Raton, FL 33432, stated the Florida City and County
Management Association of Professional Association for Local Government, Managers
in the State of Florida including Assistants, Deputies, etc. and Mr. Barcinski has been a
member since at least when he came to Delray Beach. Mr. Brown stated the City of
Delray Beach has been very fortunate to have had Mr. Barcinski because he has been
stability during transitions over the years and he returns a telephone call within 20
minutes of it being placed.
Mr. Brown read a resolution into the record honoring Robert A. Barcinski
for his service to the Florida City and County Management Association while serving as
Assistant City Manager for the City of Delray Beach.
Mr. Barcinski gave a few brief comments and thanked Mr. Brown and the
Florida City and County Management Association for this wonderful honor.
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.
With regard to a previous concern expressed by Mr. Blum about stop signs
at Venetian Drive and Gleason Street, Robert A. Barcinski, Acting City Manager, stated
the three-way stop signs at the intersection of Atlantic Avenue and Gleason Street are
now in effect and existing signalization arms at Atlantic Avenue and Gleason Street have
been removed. Mr. Barcinski stated there will be Police presence at this intersection to
monitor it and three-way stop signs at the intersection of Atlantic Avenue and Venetian
are pending activation.
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Secondly, with regard to a previous concern expressed by Mr. Katz about
the Barwick Road issue, Mr. Barcinski stated he is still collecting information on this
from staff before giving a report.
With regard to a previous concern expressed by Mr. Warner as it related to
the CRA and the Gateway Project, Mr. Barcinski stated the Gateway feature was a major
project included in the 2002 Downtown Master Plan. During the numerous public
meetings held during the Plan's creation the community strongly expressed the need for a
significant feature that would identify West Atlantic Avenue and I-95. Mr. Barcinski
stated the goal was to eventually ease the history of Swinton Avenue being a divide
between East and West Atlantic Avenue. He stated throughout the recession the CRA's
budget presentation and Commission Workshops the Commission repeatedly emphasized
the importance of completing this project. With regard CRA support of the Spady
Museum, the CRA has been providing operating dollars to this museum since 2000/2001
totaling approximately $1.6 million over the past 14 years. In addition, the CRA has
provided more than$1,028,000 for capital improvements to this organization.
6.13. From the Public.
63.1. Kevin Warner, 248 Venetian Drive Delra Beach FL 33483 stated he
was on the Steering Committee of the Downtown Master Plan and he was a very strong
part of the Gateway Plan. Mr. Warner stated no one ever mentioned $1 million and he
expressed concern that there needed to be a little bit of prudence among the CRA staff
because the Board refused to put its foot down and say we need to have accountability.
Mr. Warner stated he concurs but maintains that the CRA staff led by the Director needs
to be firmer about how tax dollars are spent. Mr. Warner stated he would much rather
see the City spend the $6, $7, or $8 million in tax revenues that the CRA receives that
way there will not be money going to a private property owner on A-1-A to help renovate
his building because in his opinion the beach is not a blighted community. Mr. Warner
urged the City Commission to have a discussion with the CRA Director and ask for some
accountability about what the CRA does.
Secondly, Mr. Warner wished Mr. Barcinski the best of luck in his
retirement.
63.2. Neil Schiller, Becker & Poliakoff, P.A., 625 North Flagler Drive 774h
Floor, West Palm Beach, FL 33401 (rcnrescnts Ameristar), stated Ameristar has been
the incumbent parking vendor since the last term and has been in Delray Beach since
2002. Mr. Schiller stated Ameristar lost the bid by a combined total of seven (7) points
and those seven (7) points came primarily on price. Mr. Schiller stated the first ranked
firm Republic was low in how much they were charging the city per valet hours; they are
at $8.33 per hour. He stated the five (5) other parking vendors bid from $13.00-$14.88
per hour. Mr. Schiller stated parking is an important issue in the City of Delray Beach
and there are many guests and residents using the parking garage and valet service and
feels they are almost like ambassadors to the city; Mr. Schiller suggested that the City
pay them well because that is the first impression of the city and stated the Palm Beach
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County minimum wage is $11.02 per hour and if price was not a factor Ameristar Parking
Solutions vastly was superior ranked by staff (188 points) and the second ranked firm
Double Park, LLC would have been at 157 points and Republic Parking Systems would
have been 150 points. Mr. Schiller read a sentence into the record from the RFP and
urged the City to award the contract to Ameristar.
63.3. Kevin Homer, 319 S.E. 3`a Avenue, Delray Beach, FL 33483, concurs
with comments expressed by Mr. Schiller about the parking and traffic congestion. Mr.
Homer stated valet is both the first and last point of entry into this area for many people.
He expressed concern about this out-of-state company coming in with a bid with more
than $50,000 less than the lowest cost bid. He stated the valet attendants make their
money from their employers and if it is not from their employers sometimes it comes in
the form of theft. Mr. Homer expressed concern over the possibility of turnover and
failure within that company but more importantly for the downtown area. Mr. Homier
urged the Commission to approve Ameristar's proposal.
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6.B.4. Jason Dollard, 295 N.E. 5th Avenuc ##31, Delray Beach, FL 33483,
stated he has owned a business in Delray Beach for approximately seven (7) years and
has lived here for ten (10). He stated the parking situation is a big deal for rest of the
people that come into town west Delray, Fort Lauderdale, Boca Raton, or Boynton
Beach. In his opinion, Mr. Dollard stated we need someone in this town who knows the
parking situation, who knows the people in the city, and who knows and has experience
on how to deal with problems that arise. He stated Republic Parking Systems, Inc. is a
Tennessee based business with no experience in this town. Mr. Dollard stated with
projects that are going to be coming in the future, the City needs people that are going to
find solutions to these problems. He stated in the response the staff themselves
acknowledges that there is going to be a higher than usual turnover in the valet position
with this new company considering that they only have one person and their Republic's
bid is $40,000 less than the next lowest bid and all the other bids are within $10,000-
$15,000 of one another.
6.5.5. David Harden, 516 North Swinton Avenue, Delray Beach, FL 334442
read a brief statement into the record regarding Waste Management. Mr. Harden entered
his statement and agenda backup memos into the record.
6.113.6. Pauline Moody, 609 S.W. 8 1 Avenue, Delray Beach, FL 33444, briefly
commented about the recommendation for the termination of the City Manager and the
90-day suspension and feels it is an insult to taxpayers that the City Manager is not here
but is getting paid. Ms. Moody commented about Mr. Chapman's character and in her
opinion she feels that the Commission should not judge a man that was only hired one
year ago.
6.B.7. Wally Bice, District Manager for Republic Parkine Systems, Inc.,
stated Republic Parking Systems, Inc. has been in business for 49 years and run parking
facilities across the country (89 cities). Mr. Bice stated they are currently in Jacksonville,
Tallahassee, and Pensacola and their largest valet contract is Texas Medical Center in
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Houston where they park 1,500 cars a day. He stated Republic knows how to run a valet,
a garage, and a service lot.
6.B.8. K.C. Traylor, Palm City, Florida, read a brief statement into the record
about the All Aboard Florida Project. Ms. Taylor encouraged everyone to visit the
following websites to obtain more information: floridanotallaboard.com or follow them
on Facebook floridanotallaboard.com and join over 14,000 other people that have signed
their petition against All Aboard Florida barreling through the towns.
6.8.9. Jon En land President of Ameristar Parking Solutions stated he
started his parking career in Delray Beach in 2002. Mr. England stated the maximum
billable hours per the RFP per hour per are 339 hours and out of those 339 hours 207
hours are dedicated to the valet parking portion of the contract; annually it breaks down
to 17,628 projected billable hours. Mr. England stated if Republic was to pay the parking
manager, the overnight porter, the cashiers, and the valets at a rate of$9.00 per hour their
payroll costs are at $158,652. Mr. England stated if you factor in the workers
compensation rates and the taxes that they are going to have to pay for those employees it
comes out to $31,730 bringing the total to $190,382 ($4,000 from what their bid is). He
stated this does not include insurance, bonding, training, uniforms, or the cost of doing
business outside of that. Mr. England stated Ameristar Parking Solutions is fairly priced
and prides themselves on paying their employees more money so they can provide good
service.
6.8.10. Dr. Alan Costillo, 450 East Atlantic Avenue, Delray Beach, FL 33483
(owner of Big Al's Steaks in downtown Delray Beach), thanked Mayor Glickstein and
the City Commission for allowing him to express his concerns about the food vendor
issues in city events last year. In addition, Dr. Costello thanked Mayor Glickstein for
suggesting the formation of the committee and stated the Events Committee was formed
by the City Manager's office. Dr. Costillo stated the Events Committee had four (4)
meetings all under the direction of Assistant City Manager Robert Barcinski who did a
phenomenal job. Dr. Costillo stated the other result of this committee was the formation
of the Downtown Delray Beach Restaurant Association (DDBRA). Dr. Castillo stated
they meet once a month and those that are interested can contact him directly or go to the
web at www.ddbra.org.
6.B.11. Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33445 (President
of Bexley Park, member of the Education Board, and a member of the PTA at
Banyan Creek Elementary School), stated about six (6) months ago Mayor Glickstein
sent a letter to D.R. Horton c/o Law Firm Becker & Poliakoff, P.A., and was ignored.
Mr. Katz stated Bexley Park was a housing project in conjunction with D.R. Horton and
Delray Beach yet now Becker & Poliakoff wants the respect of the Commission. Mr.
Katz expressed concern that Becker& Poliakoff, P.A. did not show any respect to at least
have a meeting with the Mayor and the Commission. In addition, Mr. Katz stated to this
date, Becker & Poliakoff, P.A. have refused to meet with the Bexley Park Homeowners'
Association and try to remedy a problem.
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6.B.12. Christina Morrison, 2809 Florida Boulevard 9207, Delray Beach, FL
33483 (speakine as a resident and taxpayer), stated she finds it disheartening that
several department managers and key staff members approximately 250 plus years of
institutional knowledge have left the city management operations over the last 12 months.
She stated some of these key people are near retirement age which is more
understandable than many of the young minds that have left the city. Ms. Morrison
expressed concern that when the Interim City Attorney leaves the city she will take
another 121/2 years of institutional knowledge with her. Ms. Morrison stated everyone in
Ieadership throughout the County from key representatives and legislators in Tallahassee
have indicated that Ms. Pyburn is an expert and is a rising star. Ms. Morrison stated
when highly functional professionals can no longer function in the workplace she feels
this should be an indicator that there is a problem. She urged the Commission to address
the issues before bringing another key person that reports directly to the City
Commission into this work environment.
6.B.13. Melanie Langford, 1036 Seasage Drive, Delray Beach, FL 33483,
distributed photos of her property and stated there is a drainage pipe that had collapsed j
between her home and the neighbors. Ms. Langford stated this has been going on for
over a year and the City has filled in the hole 5-6 times but expressed concern that it
could damage the foundations of both homes. In addition, Ms. Langford stated there is
also exposed wiring. She stated City staff indicated that they were directed to get bids
because the work is very specialized. Ms. Langford stated that the sidewalk is also
beginning to collapse beside the home as well. She also requested gas and made a
deposit 4 months ago but the gas company is reluctant to put gas in until they know what
is happening with this issue.
7. AGENDA APPROVAL.
The Interim City Attorney requested that Item 8.D.1., Proclamation
Callin for the Special/Referendum Election to be held on August 26 2014, be
moved to First Readings as Item, I I.C.2.
The Interim City Attorney requested that Item IO.C., Ordinance No. 09-
14 be postponed to a date certain of June 17, 2014 for a First Reading/First Public
Hearing and a Second Reading/Second Public Hearing for July 1, 2014.
Also, the Interim City Attorney requested that the public hearing for Item
1O.G., Ordinance No. 18-14 be postponed until June 17, 2014.
At this point, Mr. Frankel stated he has to be somewhere at sundown due
to the Jewish holiday and asked if there is anything of necessity that has to be moved up
on the Agenda.
Mr. Frankel moved to approve the Agenda as amended, seconded by Vice
Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia—
Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor
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Glickstein—Yes. Said motion passed with a 5 to 0 vote.
8. CONSENT AGENDA: City Manager Recommends Approval.
S.A. SERVICE AUTHORIZATION NO. 12-10/KIMLEY-HORN AND
ASSOCIATES,INC.: Approve Service Authorization No. 12-10 with Kimley-Horn and
Associates, Inc. in the net amount of $54,916.50 for performing professional services
(xF'Q 92012-06) related to the Water Supply Plan Update. 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 442-5178-536-31.30 (Water and Sewer Renewal and Replacement Fund:
Professional Services/Engineering Architect).
8.B. CHANGE ORDER NO. 1/MANCIL'S TRACTOR SERVICE:
Approve Change Order No. 1 (C.O.1) in the amount of $27,516.55, to Mancil's Tractor
Service for additional drainage scope for the N.E. 1St Avenue Improvements Project #12-
042. This recommendation is in compliance with Ordinance No. 29-13, Section
36.06(A)(1) "Change Orders: City Commission Approved Contracts, Beyond the Scope
of Work". Funding is available from 448-5461-538-68.84 (Storm Water Utility Fund:
Other Improvement/N.E. 1st Avenue Improvements).
8.C. HOUSING REHABILITATION GRANT/ CONTRACT
AWARD: Award one (1) Housing Rehabilitation contract through the Neighborhood
Stabilization Program (NSP) to the lowest responsive bidder, CJ Contracting LLC., in the
amount of $33,600.00 under Bid 906-2014NS for 417 S.W. 15th Terrace. This
recommendation is in compliance with Ordinance No. 29-13, Section 36.02,(A)(2),
"Methods of Acquisition: Sealed Competitive Method, Request for Proposals, Requests
for Qualifications, Requests for Letters of Interest". Funding is available from 118-1934-
554-62.12 (Neighborhood Services: Capital Outlay/Acquisition Rehabilitation).
8.D. PROCLAMATIONS:
1. THIS ITEM HAS BEEN MOVED TO ITEM 11.C.2.
2. Summer Learning Day—June 20, 2014
8.E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period May 19, 2014 through May 30, 2014.
8.F. AWARD OF BIDS AND CONTRACTS:
None.
Vice Mayor Petrolia moved to approve the Agenda as amended, seconded
by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet—Yes; Mr.
Frankel --- Yes; Deputy Vice Mayor Jarjura— Yes; Mayor Glickstein-- Yes; Vice Mayor
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Petrolia—Yes. Said motion passed with a 5 to 0 vote.
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At this point,the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10.A. TERMINATION OF THE CURRENT CITY MANAGER
PURSUANT TO DELRAY BEACH CHARTER,ARTICLE IV, SECTION 4.02(B)
Mayor Glickstein read a brief statement into the record.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the termination of the current City Manager, to step forward at
this time.
Yvonne Odom, 3905 Lowson Boulevard,_Delray Beach, FL 33445,
stated it should take four (4) votes to terminate the City Manager according to the City's
current Charter. Mrs. Odom stated she recalls several years ago when this was changed
to three (3) votes because there was a popular City Manager who some of the citizens
wanted fired. At that time, this went to referendum and the voters approved a super
majority and she feels that this is how it should remain. She expressed concern that the
City is now asking the voters again to change it back to three (3) votes to terminate the
City Manager. In her opinion, Mrs. Odom stated the position of City Manager should not
be a political position.
Zack Straahn, 26 S.W. 5th Avenue, Delray Beach, FL 33444, asked the
City Commission to research their hearts and make sure there is no animosity against the
City Manager. Mr. Straghn stated there is a higher power that will be the final judge.
Clifford Durden 702 Chatelaine Boulevard East Delygy Beach FL
33445, stated perception is very important and he expressed concern over the way the
situation was handled by the City Commission with regard to the City Manager. Mr.
Durden stated the City Commission can address the issue without humiliating an
individual and feels they can do what they need to do as far as the law is concerned.
Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), stated he concurs with comments expressed by
Mr. Durden that the matter is to terminate the City Manager. He stated Mr. Chapman
came from a city of less than 17,000 to a city of 62,000 and cannot under any
circumstances be qualified and he believes that is what we have seen. In his opinion, Dr.
Kirson stated because the City Commission had their own reasons for hiring Mr.
Chapman, he feels the City Manager should be terminated and bought out.
Alan Schlossbera, 200 MacFarlane Drive N-502, Delray Beach, FL
33483, stated City Manager Chapman had humiliated himself by his behavior. Mr.
Schlossberg stated the facts are clear and well documented by the Office of Inspector
General (OIG). Mr. Schlossberg stated at the May 13, 2014 City Commission meeting he
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counted six (6) times that City Manager Chapman was derelict in his duties and
responsibilities wherein any one of those infractions was a basis for terminating him. Mr.
Schlossberg stated he has spent over 30 years as a manager and a Director of Regional
Operations for the City of New York and if City Manager Chapman was under his watch,
City Manager Chapman would have been terminated on the first act of insubordination.
Mr. Schlossberg stated Mr. Chapman lied to the City Commission on more than one
occasion, he lied under oath to the Inspector General investigators, he lied to City staff,
he lied to the citizens of Delray Beach, and worst of all he continues to lie to himself.
Mr. Schlossberg stated Mr. Chapman now claims he should be paid for two years' worth
of salary. Mr. Schlossberg urged the City Commission to terminate City Manager
Chapman as soon as possible.
Ed McCall,36 Palm Square,Delray Beach, FL 33445, stated if the City
Commission votes to keep City Manager Chapman the City Commission is condoning
unethical behavior, cover up tactics, ignoring set policy and procedures, backroom deals,
unprofessional standards, etc. Mr. McCall commented that there are no repercussions,
penalties, or no one to answer to. Mr. McCall urged the City Commission to vote for
truth and professionalism or the City is sending a message that we are still open to
secretive and questionable behavior in City business.
_Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33445, stated the
City Commission has an easy decision to make and that is to terminate the City Manager.
i profession it is tou h to fire people but it is the easiest because you
Mr. Katz stated in his g p p y
have to make the right decision for your corporation, city, or organization. Mr. Katz
stated if the City Commission does not fire the City Manager then they will be sending a
message that they are condoning that behavior. He feels that the City Manager lost the
trust of the City Commission. Therefore, Mr. Katz stated he supports the termination of
City Manager Chapman and the City should figure out a way that Mrs. Butler can
gracefully retire from the City and leave on a positive note.
Cindi Freeburn, 371 East Mallory Circle, Delray Beach, FL 33483,
briefly spoke about trust. She stated some of the Commission that was elected in recent
years many of the taxpayers supported the Commission because of their promise to the
residents that this City would begin to conduct business differently and that we would
hold our processes, procedures, and people to a higher level of accountability. Ms.
Freeburn stated the voters have to trust that the people they elect to sit on the dais have
the best interest of the residents and moral integrity behind the decisions that they make.
Ms. Freeburn stated in any of the companies for which she ever worked if you conducted
yourself in the manner which the City Manager conducted himself, you would be
terminated. As a taxpayer, Ms. Freeburn urged the City Commission to terminate City
Manager Chapman without pay and stated she expects this out of all five Commissioners.
There being no one else from the public who wished to speak regarding
the termination of the current City Manager, the public comment was closed.
With regard to comments expressed by Mr. Durden, Deputy Vice Mayor
Jarjura stated the Commission had a 21/2 hour hearing where they clearly laid out the
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issues and the violations of the City Manager's employment contract; she feels due
process was afforded to the City Manager. Deputy Vice Mayor Jarjura stated it was not
an attempt to humiliate the City Manager but to show all the deviations and the reasons
that support a just cause termination. Deputy Vice Mayor Jarjura stated having someone
that gave testimony under oath on three separate occasions to a government investigative
agency and gave false statements is something that she will not be able to recover from.
Deputy Vice Mayor Jarjura stated the only person she has to rely on to communicate with
is the City Manager per the City's Charter and she is supposed to get information that is
on the agenda that she is supposed to set policy on and vote on but she cannot trust what
he has to say. With regard to the City Manager's paid suspension, Deputy Vice Mayor
Jarjura stated this is required by the City Manager's contract and the law. Deputy Vice
Mayor Jarjura expressed concern that the City Manager gave her one explanation while
he gave another City Commissioner different information and asked how the City
Commission is supposed to make an educated decision on what to vote on if they do not
have the same exact facts provided to them. She stated trust is a huge issue and to his
own admissions as to whether or not he bothers to read an entire line of a five line email
before making an approval on something. Deputy Vice Mayor stated the trust is broken j
and the City Manager perjured himself and should be charged with the perjury; however,
there is an issue with the witness and the City cannot follow through with those charges.
Deputy Vice Mayor stated the five (5) Commissioners should be united on this issue
because in her opinion the City Manager is holding the City Commission hostage while
the City pays him to sit home for lying to the City Commission, the taxpayers, the
residents, and an investigative agency.
Mr. Frankel thanked the Interim City Attorney and City Clerk for properly
noticing. this hearing under Public Hearings where the public was afforded three (3)
minutes. Mr. Frankel stated this is unlike the special meeting on May 13, 2014. With
regard to Auburn Trace, Mr. Frankel stated under the Local Rules II.A.7. at the request of
three (3) Commissioners that was allowed and he feels the City Manager acted okay in
that. Mr. Frankel commented about Mr. Katz's comments about the bus only applying to
one (1) person and asked why it does not apply to two (2) people. Mr. Frankel stated it
was stated in public comments that he should not have brought up the letter that was
provided to the City Commission on the dais from Mr. Berg; however, Mr. Frankel sated
that is pertinent information. With regard to lying and perjury, Mr. Frankel stated when
he was questioned he was put under oath and was questioned after taking that oath. Mr.
Frankel stated at this time he is to assume the City Manager was lying and committed a
perjury as believed, then this is a matter for the State Attorney's office review and to his
knowledge it has not been done yet. Mr. Frankel stated one of a few reasons a member of
the City Commission can be removed is it has to be a conviction of a felony. Mr. Frankel
stated he was one of the dissenting votes from hiring Mr. Chapman initially although he
is not ready to cast a vote to terminate him tonight. However, Mr. Frankel stated he
recognizes the fact that there would not be a working relationship with the majority of
this City Commission. Mr. Frankel stated he feels there should be some sort of
negotiations. For the record, Mr. Frankel stated he received an anonymous letter today
about Mr. Chapman's character and things going on at City Hall. Mr. Frankel stated he is
going to maintain his "no" vote tonight; however, with the hopes that there is a
negotiation that could be done to cut ties and go forward.
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Mr. Jacquet stated he was not present the last time this issue was discussed
because he was on a mission's trip in Haiti which was a phenomenal experience. He
stated this is not the first time this issue has come up. Mr. Jacquet stated Mrs. Odom
commented that this should not be a politicized position; however, it is highly political.
Mr. Jacquet stated it is obvious that the City Manager has done some things that are bad
and the OIG Report was disturbing with answers that were misleading and considered to
be less than truthful. Mr. Jacquet expressed concern that the City Manager has been
humiliated on the dais during public meetings. Mr. Jacquet stated there is a respect that
the City Commission is supposed to have among one another and he feels it is lacking. In
his opinion, Mr. Jacquet stated the problem is the culture that the City Commission has
created that has caused them to not to be able to work with others and has caused staff to
come before the Commission and present. Mr. Jacquet stated the culture needs to change
because he feels that is where the real problem is. Mr. Jacquet stated according to the
OIG Report some kind of corrective action was necessary; however, suspending him
might not have been the ideal but it was a good step. He expressed concern that
Commission did not vote to terminate the City Manager at a previous meeting because he
feels this has become too political.
Vice Mayor Petrolia stated she does not feel that the Commission would
have had that vote because if the Commission would have had that vote at that time then
the Commission would have bad that vote tonight. She stated nothing has changed
between that point and this point. Vice Mayor Petrolia gave examples of a continuous
elevation of things that the City Commission was trying to direct Mr. Chapman to do that
he was failing at. Vice Mayor Petrolia stated she had several issues with Mr. Chapman
starting with the beach cabana contract which went on for five (5) months, then Auburn
Trace which she feels the City Manager had a responsibility to the taxpayers not to allow
that item on the Agenda and feels Mr. Chapman should have waited for a full
Commission to be present, the garbage cans went on for several months (July 2013 to
November, to December, to January 2014) when it surfaced again, and she noted it all
came to a head with the OIG Report. Vice Mayor Petrolia stated she cannot support the
top ranking person who she has to rely on for truthful information if she cannot trust him.
Deputy Vice Mayor Jarjura responded to Commissioner Jacquet's
comments that this has turned into a political decision and the City Commission should
have made the decision that night. She stated as Commissioner Frankel pointed out the
Commission could not make it that night because the Commission had to comply with
process and it had to be noticed. Deputy Vice Mayor Jar ura stated she does not
understand Mr. Jacquet's comments with regard to this turning into a political decision if
you look solely at the facts. With regard to comments expressed by Ms. Freeburn,
Deputy Vice Mayor Jarjura stated if one of your employees lied to you and then an
investigator carne in to look at a situation and they lied to the investigator, there is no way
that you would not terminate them in a business setting and the only reason you would
keep this person around is for political reasons. Deputy Vice Mayor Jarjura stated it is
political to keep an employee employed that has by his own admissions not performed to
his duties assuming he is telling the truth. Deputy Vice Mayor Jarjura asked did the City
Manager do his job, did he deviate from his job, did he give information to one
Commissioner that was different from information that he gave to another Commissioner,
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did he give false statements of fact under oath on three (3) separate occasions; those are
the facts and these should be the only things the City Commission should be looking at.
Deputy Vice Mayor Jarjura reiterated that the Commission should be looking at what are
the facts of needing a "just cause termination" and the facts do decisively. Deputy Vice
Mayor Jarjura stated everyone keeps talking that there is a hostile work environment and
suggested that the Commission start getting the positions appointed that they have the
direct authority to do (i.e. City Manager and City Attorney) so that the City Manager can
then start appointing the positions underneath them.
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With regard to Mr. Durden's comment about the humiliation, Mayor
Glickstein stated the City Commission has to conduct itself in public and as a
Commission they cannot meet with Mr. Chapman other than in a public setting and thus
the reason it was done in the way it was done. Mayor Glickstein stated had his
performance evaluation occurred it would have been done in the same format. In terms
of the humiliation, Mayor Glickstein stated what he read into the record was sworn
testimony; Mayor Glickstein stated those were not his words but Mr. Chapman's words
that he read back to Mr. Chapman. Mayor Glickstein stated the highest form of
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disrespect is dishonesty and if someone lies to him that is also humiliating and it was the
third time that Mr. Chapman had personally lied to him. In terms of this being political,
Mayor Glickstein stated he agrees with Deputy Vice Mayor Jarjura that unless the OIG is
now a political office it is difficult for him to understand where the political part of this
is. Mayor Glickstein stated the City Manager is paid $160,000 plus a year during the
point at which he did these "egregious acts" and he is the highest administrative leader in
this city and should be held to a very high standard. Mayor Glickstein stated he does not
believe the residents and voters of this town would penalize any elected official for their
being not willing to work with somebody who by an objective investigative agency has
been deemed dishonest and has also deemed knowingly violating city law. Mayor
Glickstein stated we are in an accountability crisis in this country and in an accountability
crisis right now on the dais by not taking the action that is needed to terminate the City
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Manager for good cause and move this City on with a new City Manager.
Mr. Frankel stated he takes into consideration that three (3) of his
colleagues cannot work with the City Manager and he does not feel that he could support
to terminate the City Manager this evening but would approve of someone negotiating
with the City Manager's attorney because he does not want to leave the City open for any
litigation.
Brief discussion by the Commission followed regarding the 90-day
suspension.
The Interim City Attorney stated the motion that was made was a 90-day
suspension pending further investigation by the Office of Inspector General (OIG) for a
different situation.
Vice Mayor Petrolia stated it is not that politics is playing a role but rather
that it is being inserted here because she believes this way it slows the Commission down j
and makes it look like the Commission is not able to do things or agree.
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For clarification, the Interim City Attorney stated she has spoken to each
Commissioner and they are all up-to-date on any potential negotiations with regard to Mr.
Chapman's attorney and there is no information that any of the Commission has not
received. With regards to any pending investigation, the Interim City Attorney stated she
has as much information as the City Commission at this time because it is confidential.
The Interim City Attorney stated Mr. Chapman is currently being investigated by the
OIG.
Vice Mayor Petrolia moved to terminate the current City Manager
pursuant to City pf Delray Beach Charter Article IV Section 4.02(b) for cause, seconded
by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mr.
Frankel —No; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein Yes; Vice Mayor
Petrolia—Yes; Mr. Jacquet—No. Said motion to terminate FAILED with a 3 to 2 vote,
Commissioner Jacquet and Commissioner Frankel dissenting.
10.B. ORDINANCE NO. 08-14 (FIRST READING/FIRST PUBLIC
HEARING): Consider privately-initiated amendments to the Land Development
Regulations (LDR) Sections 4.49, "General Commercial", Subsection 4.4.9 (C),
"Conditional Uses", to allow a density up to a maximum of twenty-four (24) units per
acre within the Infill Workforce Housing Area; creating Subsection 4.4.9(G)(5), "Infill
Workforce Housing Overlay District"to establish a maximum Floor Area Ratio (FAR) of
0.75; amending Article 4.7, "Family/Workforce Housing", Section 4.7.1, "Definitions",
Subsection 4.7.1.1, "Infill Workforce Housing Area" and Section 4.7.4(g), to specify the
maximum allowable density of 24 units per acre within the General Commercial zoning
district. If passed, a public hearing will be held on June 17, 2014. (Quasi-Judicial
Hearing)
The caption of Ordinance No. 08-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS, BY AMENDING SECTION 4.4.9,
"GENERAL COMMERCIAL (GC) DISTRICT",
SUBSECTION (D), "CONDITIONAL USES AND
STRUCTURES ALLOWED", TO INCREASE DENSITY
IN THE INFILL WORKFORCE HOUSING AREA TO A
MAXIMUM OF 24 UNITS PER ACRE; AMENDING
SUBSECTION (G), "SUPPLEMENTAL DISTRICT
REGULATIONS", TO ADD "INFILL WORKFORCE
HOUSING OVERLAY DISTRICT", TO PROVIDE AN
FAR OF 0.75; AMENDING ARTICLE 4.7, "FAMILY
WORKFORCE HOUSING", SUBSECTION 4.7.1,
"DEFINITIONS", SUBSECTION (1), "INFILL
WORKFORCE HOUSING AREA" TO AMEND MAPS
TO INCREASE THE DENSITY IN THE GENERAL
COMMERCIAL (GC) ZONING DISTRICT; PROVIDING
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A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE,AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 0844 is on file in the City Clerk's
office.)
The Interim 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.
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Mayor Glickstein asked the Commission to disclose their ex parte I.
communications. Mr. Frankel stated he met with Ms. Miskel and her assistant. Deputy
Vice Mayor Jarjura stated she heard this at the February 25, 2014 Planning and Zoning
Board meeting and she previously met and spoke to some residents when she served on
the Planning and Zoning Board, and she met with Ms. Miskel. Mr. Jacquet stated he has
no ex parte communications to disclose. Vice Mayor Petrolia stated she spoke with Ms.
Bonnie Miskel and her assistant. Mayor Glickstein stated he has had no subsequent ex
parte communications prior to identifying ex parte communications when the
Comprehensive Plan Amendment came before the City Commission.
Mayor Glickstein stated there is one (1) request for party status that the
Commission must rule on. He stated in order to obtain status as a party an owner of
property located within 500 feet of the subject property must make a written request to
the City's Planning and Zoning Department three (3) or more business days prior to the
hearing that satisfies certain criteria. Decisions as to parry status shall be made by the
Commission at the hearing. The Interim City Attorney has advised of one (1) party
requesting party status. Mr. Kevin Osborn has satisfied all LDR requirements for party
status in that the request was timely filed and it satisfies Quasi-Judicial rules and content
and the party's address is confirmed to be within 500 feet of the subject property.
Mayor Glickstein moved to approve party status for Mr. Kevin. Osborn,
seconded by Mr. Frankel. 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.
Mark McDonnell, AICP, Interim Director of Planning and Zoning, entered
the Planning and Zoning Department project file#2014-073 into the record.
Mr. McDonnell stated the City Commission considered an amendment to
the Comprehensive Plan on April 16, 2014 to increase the residential density on the
property from the currently allowed 18 units per acre to the proposed 24 units per acre.
Mr. McDonnell stated along with the reduction in the FAR (Floor Area Ratio) from the
current 3.0 to 0.75. He stated the City Commission approved that text amendment to the
Comprehensive Plan with a vote of 4 to 1. Staff forwarded the Comp Plan Amendment
to the State Department of Economic Opportunity. On May 23, 2014, Mr. McDonnell
stated the City received a Letter of No Objection to the text amendment to the Comp
Plan. Mr. McDonnell stated this current LDR text amendment is being processed to
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reflect the Comp Plan Amendment that the Commission recently voted on to approve and
it will increase the density from 18 to 24 units per acre, reduce the FAR from 3.0 to 0.75,
and will revise the applicable maps in the Workforce Housing section to specify that the
GC (General Commercial) property of which this is the only one that is the candidate
property would go from 18 to 24 units per acre. Mr. McDonnell stated the rest of the
infill housing would remain at 18 units per acre for all RM (Medium Density) zoned
properties.
At is meeting of February 13, 2014, the Community Redevelopment
Agency (CRA) recommended approval of this text amendment; at its meeting of
February 25, 2014, the Planning and Zoning Board made a recommendation to approve it
but it failed on a vote of 2 to 3 (Jarjura, Davey and Durden dissenting; Shutt and Pierre-
Louis absent). Mr. McDonnell stated letters of objection and support were included in
the City Commission backup and staff received letters up throughout today and those
have been forwarded to the City Clerk's office. Furthermore, Mr. McDonnell stated late
this afternoon staff received a Letter of Objection from Mr. Mark Crosley, Executive
Director of the Florida Inland Navigation District (FIND) to the design of the project
which is not before the Commission. Mr. McDonnell stated the letter expressed concern
about the access and the agreement that is on the property to provide a continuous 30 foot
access which can be relocated; however, the letter addresses concern with back out
parking. Mr. McDonnell stated F.I.N.D. uses that accessway to do their dredging and
their concerns are that there would be conflicts between automobiles, pedestrians, and
children going back and forth through that accessway. Mr. McDonnell stated the
amendment before the Commission now is a text amendment to the LDRs and that
comment would be more timely when the conditional use is before the Planning and
Zoning Board and ultimately before the City Commission. Staff recommends approval
and if approved by the State the Comp Plan and the LDR Text Amendment would be
coming to the Commission at its meeting of June 17, 2014 for second and final reading.
Bonnie Miskel, Attorney representinz the applicant, SieLel, Lipman,
Dunay, Shepard & Miskel LLP 5355 Town Center Rd Ste. #801 The Plaza Boca
Raton, FL 33486, stated the Comprehensive Plan Text Amendment that came before the
City Commission in April was not site specific; it was a Comp Plan Text Amendment.
Ms. Miskel stated it was an amendment to the commercial category in the infill and at
this property is the only property that happens to be so designated. However, in the
future someone can amend their land use to commercial and the same rules would apply.
Ms. Miskel stated although they would have loved to have had their plan before the
Commission and to have the conditional use run concurrent with these applications, they
were not allowed to do so. Ms. Miskel stated they received a letter back from the
Department of Economic Opportunity that they have no objection to the City's
transmittal, that transmittal enables the City to consider changes to the City's LDRs. She
stated what is before the City Commission is a change to the City's regulations that
would make those regulations consistent with what the City transmitted to the State.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of Ordinance No. 08-14,to step forward at this time.
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Kevin Osborn, 621 Allen Avenue, Delrav Beach, FL 33481 stated
many of people in the community left the hearing on the Comp Plan feeling that the
decision had already been made prior to them coming in and that their comments did not
matter and that all the Commission heard was remarks about traffic. Mr. Osborn stated
he did his own research and further investigation to try to provide the Commission with
additional information because he feels the information previously provided to the
Commission was not a complete picture. Mr. Osborn stated residents object to the
density increase from 18 to 24 units per acre because he does not believe that the
developer has provided adequate justification for the need to increase the density not on
an economic basis, not on complimentary for the surrounding areas, it does not meet the
land use requirements for consistency, and it does not improve concurrency. Mr. Osborn
gave a brief PowerPoint presentation. Mr. Osborn urged the Commission to not approve
this as he feels it is not necessary.
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Mayor Glickstein stated this meeting is now open for public comment
limited to three (3) minutes per person; six (6) minutes if the person represents six (6) or
more persons in attendance at the meeting who have yielded their time to the represented
speaker.
Dennis Poyaaca, 612 Allen Avenue, Delray Beach, FL 33483, stated he
understands density increases around downtown to promote business; however, he does
not feel there is any reason to increase the density.
McCall Credle-Rosenthal, 817 Lake Avenue North, Delray Beach, FL
La Hacienda development), stated she concurs .with comments expressed by Kevin
Osborn and feels the word "blighted" had come up in a study that Mr. McDonnell had
submitted at a Planning and Zoning Board meeting when she opposed this project before.
Ms. Credle-Rosenthal stated their neighborhood is not blighted and residents have
worked very hard at developing their neighborhoods. She stated these will be 205 rental
units and she feels these people have no vested interest in the community. Ms. Credle-
Rosenthal urged the Commission to help make this gateway of Federal Highway more
desirable and charming.
Jim Smith, 1225 South Ocean Boulevard, Delray_Beach FL 33483
Chairman of S.A.F.E. (Safety As Floridians_ Expect), stated S.A.F.E. shares the
concerns of the neighbors and at least one City Commissioner who expressed concern at
a previous meeting about maintaining this project at 18 units per acre. Mr. Smith urged
the Commission to allow the residents to work with the developer. He stated people feel
that they are adding cost to the project but they are in fact making it a better project by
adding marketable revenues to the project by making it a better project for motorists,
pedestrians, and bicyclists.
Cynthia Taylor,611 Allen Avenue, Delray Beach, FL 33483, stated this
is a very important issue to her and her neighbors. Ms. Taylor stated when she was here
last time this was discussed there were so many good points that were made. She stated
there had been a study to look at this area and as a result 18 units were recommended. In
her opinion, Ms. Taylor feels this is political issue and stated she is very proud of where
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she lives. She urged the Commission to see what the impact of the traffic will be on her
g p
dead-end street.
En
Judy Crai 306 N.E. 8 Avenue Delray Beach FL 33483 realtor
disagrees with comments expressed by Mr. Smith. Ms. Craig stated the project does not
fit and this is about density. In addition, Ms. Craig stated the fact is that it is rentals and
not homeownership and it does make a difference if you have homes that are owned and
people have a vested interest in their community rather than someone who is passing
through for a year or two.
Sabrina Caruana, 619 Allen Avenue, Delray Beach, FL 33481 stated
as a realtor she expressed concerns over the increased density and 4-story apartment
buildings. She stated the last sale on her block was $340,000 and this is not a blighted
area. Ms. Caruana stated she is strongly opposed to this and concurs with comments
expressed by Kevin Osborn. Also, Ms. Caruana stated that 18 units are more than
enough.
Mark Crosley, 1314 Marcinski Road, Jupiter, FL 33477-9498
(Executive Director of Florida Inland Navieation District), stated they own the
property that is east of this property and noted they will be at subsequent meetings and
they are working with the developers. Mr. Crosley stated they have an access issue for
their property and urged the Commission that any actions they take to allow flexibility for
that development to work with them with regard to the access issues.
There being no one else from the public who wished to address the public,
the public comment was closed.
The following individuals gave a brief cross-examination which is limited
to two (2)minutes per witness:
Mr. McDonnell stated with regard to where the terminology of"blighted"
came from, the North Federal Highway Redevelopment Plan was adopted several years
ago prior to his employment which was 2005. He stated this may be dated information;
however, staff has to base their review and comments on currently adopted studies.
Ms. Miskel cross-examined Mark McDonnell.
Ms. Miskel stated if this site gets developed is it an increase in traffic from
what was previously approved or from the commercial that could be built.
Mr. McDonnell answered"no"to Ms. Miskel's cross-examination.
For clarification, Deputy Vice Mayor Jarjura stated from what was
previously approved as well; not the commercial. Mr. McDonnell stated from Village
Park that goes back to 2006 and he is not comfortable making a statement with respect to
that, however, Mr. McDonnell stated based on the 3.0 and the 18 units per acre the
traffic is 17,000 plus more than what is being proposed now. Ms. Miskel stated at the
transmittal hearing they provided a traffic engineer generated document (John Donaldson
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is the Licensed Traffic Engineer in the State of Florida) and that information provided a
comparison of the traffic that would be generated by the proposed project versus the
traffic that would be generated by the Village Park project. Ms. Miskel stated the
proposed project is substantially less from the current commercial designation and
commercial zoning.
Mr. Osborn stated the numbers he pulled were from the Delray Preserve
justification on traffic and waste and in 2006 developer justification. Mr. Osborn stated if
you compare thew there is an increase in traffic from the Village Park to the current
increase in Solid Waste from the Village Park to the current. Mr. Osborn asked if staff
has been able to validate that. Mr. McDonnell stated he would have to look in the file to
verify that. Mr. Osborn requested staff validate the numbers that in 2006 it is 18 units per
acre and the current 24 units per acre.
The following individuals gave brief rebuttals:
Mr. McDonnell stated he had no rebuttal.
Ms. Miskel stated Mr. Osborn testified that the applicant had not done an
economic issue, a compatibility issue, that they were not improving concurrency, and that
the area was not blighted. Ms. Miskel stated the "blight" information came from the
City's staff report and was not something that was generated by the applicant in the
transmittal hearing meeting. Ms. Miskel stated that came from the City's Comprehensive
Plan as well as the City's study. Therefore, Ms. Miskel stated the City's document of
record that are regulating everything that is done in the City is saying that; Ms. Miskel
stated they did not it came from the City's Comprehensive Plan as well as the Study. Ms.
Miskel stated as it relates to concurrency they provided a report generated by a licensed
traffic engineer that said by cutting the FAR from 3.0 to 0.75 from a commercial
perspective with a slight up from the density the City was still significantly under the
commercial classification. She stated it was not just a residential project it had non-
residential in the front and non-residential in the back and that project generated more
traffic which came out of the Village Park Report which she does not have with her today
because it is not pertinent to this conversation but wanted to clarify this for the record
because the statements are erroneous. Ms. Miskel commented about compatibility and
noted that the automobile dealership to the north of this site and that is not a compatible
use to the residential to the south. Ms. Miskel stated the only thing the Commission
should be considering is whether this land development regulation change is consistent
with what the City is proposing in the Comprehensive Text Amendment and noted that it
makes it consistent.
Mr. Osborn stated the term "blighted" may be dated; however, it is still
being used as justification. He stated the term "blighted" needs to be removed from the
justification because the area is no longer blighted. Ms. Osborn stated if he is going to be
next to a commercial piece of property he would like to be next to a Volvo Dealership
where there is no big buildings, where a few cars are coming on Saturday, no noise, and
if hedges are put there is no light. Mr. Osborn stated he cut and pasted from the
developer's traffic table their justification regarding the daily trips and it shows a savings
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of 17,275 and they are comparing that against the 3.0 FAR which is the million square
feet that everyone agrees is not appropriate. Mr. Osborn made reference to the Village
Park Study and the number of average daily trips.
Mr. Jacquet stated he believes this meets the requirements;however,based
on the neighbors' concerns with respect to the density he would have like to have seen a
little more working together because S.A.F.E. has been a guiding light when it comes to
dense developments especially near the downtown and Federal Highway. He stated with
respect to dense projects there are concerns about traffic/cars and S.A.F.E. has suggested
how to alleviate some of those concerns. Mr. Jacquet stated the requirements have been
met as set forth.
Vice Mayor Petrolia expressed concern over the community supporting
this and even though she considers this as a non-blighted area as well she is taking into
consideration the dealership to the north, the transitional nature of the parcel of land, and
making the decision in that direction. She stated it would be great if there could be less
density on that particular piece of property. Vice Mayor Petrolia expressed concern
about the drive that is on the side and the need for 30 feet to have coming and going and
whether or not there was going to be enough space for the property to handle the traffic
that would be coming and going from the eastern section of land.
At this point, Deputy Vice Mayor Jarjura disclosed for the record that her
mother lives in Old Palm Grove. She complimented Mr. Osborn on his presentation.
Deputy Vice Mayor Jarjura expressed concern over the City's Code in terms of the
review process. Deputy Vice Mayor Jarjura stated in terms of what is before the City
Commission tonight she is comfortable with what has been presented; however, she
requested that Mr. McDonnell look at the information that Mr. Osborn raised before this
comes before the Commission again.
Mayor Glickstein stated the Commission has discussed on numerous
occasions about the disjointed nature of the way the Commission reviews projects and the
immediate impacts to neighborhoods bear the brunt of a dysfunctional code. In terms of
procedurally, Mayor Glickstein inquired if this Commission will be looking at
conditional use for both height and density.
Mike Covclli, Covelli Design Associates, Inc., 2295 NW Corporate
Boulevard #213, Boca Raton, FL 33431, Planner for the project, stated this is a unique
situation that in this particular case we do not need a conditional use for density or height.
Mr. Covelli stated this is only to allow a stand-alone residential development in a
commercial district. For clarification, Mayor Glickstein stated the Commission is not
going to be revisiting this. Mayor Glickstein stated he does not support this because he
does not feel it is fair to the residents just because they are on the border of the city.
Deputy Vice Mayor Jarjura stated when the previous plan is referring to
the blighted area it was the conditions of that property at that time and there are certain
parts of that area that are blighted and there are a lot of very nice expensive and well
maintained areas but there are properties in that area that are blighted (i.e. motel). She
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stated the Swap Shop has been vacant and it is zoned commercial and it is adjacent to
commercial; she stated it is a transitional location because it goes from single family
homes to some townhomes. She stated an apartment is another residential use that
transitions to the commercial use to the north. Deputy Vice Mayor Jarjura stated she is
not treating this differently because it is at the end of the City's border, but because of the
location of the property and its current use and zoning. She expressed concern in terms
of the easement and that is going to be addressed. Deputy Vice Mayor Jarjura stated she
would have hoped that some of the residents' issues would have been resolved prior to
coming before the City Commission.
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Ms. Miskel stated they had a very positive meeting with the Kokomo Key
Board and they gave suggestions one of which includes a peanut at the main entryway
which will force the traffic to go right so it does not conflict with the opening that is
immediately in front of the Swap Shop. Ms. Miskel stated she would be happy to work
with Mr. Osborn's community if they have some forum that they will allow them to sit
down and negotiate in.
Mr. Jacquet expressed concern over the communication with the neighbors
and ironing out the kinks. Based on the new information he is provided, Mr. Jacquet
stated he supports on first reading only just to move this forward.
Mayor Glickstein stated he feels transitional is appropriate but he would
have liked to have seen this in other places that he considers more comparable where the
Commission has approved lower densities. Mayor Glickstein encouraged the applicant to
look at ways to refine this between first and second reading.
Mr. Jacquet moved to approve Ordinance No. 8-14 on First Reading/First
Public Hearing, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted
as follows: Mayor Glickstein — No; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes;
Deputy Vice Mayor Jarjura — Yes. Said motion passed with a 3 to 1 vote, Mayor
Glickstein dissenting.
At this point, the time being 8:30 p.m., Commissioner Frankel left the
dais.
10.C. ORDINANCE NO. 09-14 (FIRST READING/FIRST PUBLIC
HEARING} Consider a privately-initiated amendment to the Land Development
Regulations (LDR) to Section 4.4.24(B)(C)(F) "Old School Square Historic Arts District:
Principal Uses and Structures, Accessory Uses and Structures Permitted, Development
Standards", to include Lots 16-18, Block 69, Lots 11-12, the North half of Lot 13, and
Lots 23-25 Block 70, Town of Delray, to the list of lots within the Old School Square
Historic Arts District (OSSHAD) zoning district that can be developed pursuant to the
development standards and uses of the Central Business District (CBD) zoning district. If
passed, a public hearing will be held on June 17, 2014. (Quasi-Judicial Hearing
(STAFF HAS REQUESTED THE ITEM BE POSTPONED UNTIL THE JUNE 17,
2014 REGULAR CITY COMMISSION MEETING)
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At this point, the time being 9:03 p.m., Commissioner Jacquet left the
dais.
10.D. ORDINANCE NO. 16-14: Consider approval to correct a scrivener's
error within the legal description of Ordinance No. 19-94, pertaining to the annexation of
the former Delray Swap Shop, located at 2001 North Federal Highway. (Quasi-Judicial
Hearing)
The caption of Ordinance No. 16.14 is as follows:
AN ORDINANCE OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING ORDINANCE NO. 19-94 TO
CORRECT A SCRIVENER'S ERROR IN THE LEGAL
DESCRIPTION OF THE LAND ANNEXED INTO THE
CITY LOCATED AT 2001 NORTH FEDERAL
HIGHWAY AND BEING MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING FOR
SEVERABILITY; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 16-14 is on file in the City Clerk's
office.)
The Interim 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 asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose. Deputy
Vice Mayor Jarjura stated she heard this when it went before the Planning and Zoning
Board.
Mark McDonnell, AICP, Interim Director of Planning and Zoning, entered
the Planning and Zoning Department 2014-152 into the record.
Mr. McDonnell stated this ordinance is to correct a scrivener's error in the
legal description. He stated this is located at 2001 North Federal Highway and during the
due diligence of the applicant for Delray Preserve a scrivener's error was discovered on
an annexed parcel of land. Mr. McDonnell stated the review of the staff reports and maps
show that it was the clear intent of the City to annex the entire piece. He stated the Palm
Beach County Appraiser's Office has assigned parcel numbers for all the properties and
the property owner has been paying taxes on this piece of property all these years. Mr.
McDonnell stated this was further supported when it was annexed into the city by the
Palm Beach County Land Use Attorney recognizing that from their perspective this is
part of the City of Delray Beach. Staff recommends approval.
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Bonnie Miskel, Siegel, Lipman, Dunay, Shepard & Miskel, LLP, 5355
Town Center Rd Ste. 4801 The Plaza,Boca Raton, FL 33486, Attorney representing
the applicant, stated when these annexations came in they used property appraiser's
legal description instead of a full legal. Ms. Miskel stated this ordinance and the next
ordinance are for clarification.
Mayor Glickstein declared the public hearing open. There being no one
else from the public who wished to address the Commission regarding Ordinance No. 16-
14,the public hearing was closed.
Vice Mayor Petrolia moved to adopt Ordinance No. 16-14 on Second and
FINAL Reading, seconded by Deputy Vice Mayor Jarjura. Upon roll call the
Commission voted as follows: Vice Mayor Petrolia— Yes; Deputy Vice Mayor Jarjura—
Yes; Mayor Glickstein—Yes. Said motion passed with a 3 to 0 vote.
10.E. ORDINANCE NO. 15-14: Consider approval to correct a scrivener's
error within the legal description of Ordinance No. 18-94, pertaining to the annexation of
2101 North Federal Highway. (Quasi-Judicial Hearing)
The caption of Ordinance No. 15-14 is as follows:
AN ORDINANCE OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING ORDINANCE NO. 18-94 TO
CORRECT A SCRIVENER'S ERROR IN THE LEGAL
DESCRIPTION OF THE LAND ANNEXED INTO THE
CITY LOCATED AT 2101 NORTH FEDERAL
HIGHWAY, AND BEING MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING FOR
SEVERABILITY; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 15-14 is on file in the City Clerk's
office.)
The Interim 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 asked the 'Commission to disclose their ex parte
communications. The Commission stated they had the same ex parte communications as
they did on First Reading.
Mark McDonnell, AICP, Interim Director of Planning and Zoning, entered
the Planning and Zoning Department project file into the record.
Mr. McDonnell stated this is also a corrective ordinance. He stated there
is a piece of land that measures .09 acres that was not annexed into the city. Mr.
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McDonnell stated the intent was to annex the entire property into the city; Palm Beach
County Property Appraiser shows the entire area on their documents; property owners
have been paying taxes on the entire area all these years. The City Commission approved
this ordinance on first reading on May 6, 2014 and staff recommends approval on second
and final reading.
Mayor Glickstein declared the public hearing open. There being no one
else from the public who wished to address the Commission regarding Ordinance No. 15-
14,the public hearing was closed.
Vice Mayor Petrolia moved to adopt Ordinance No. 15-14 on Second and
FINAL Reading, 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. Said motion passed with a 3 to 0 vote.
10.F. ORDINANCE NO. 14-14: Consider an amendment to Chapter 101,
"Parks, Beaches, and Recreation", by amending Section 101.37, "Shark Fishing", to
prohibit shark fishing within three hundred feet (300') north and south of the Municipal
Beach and within three hundred feet(300') north and south of Atlantic Dunes.
The caption of Ordinance No. 14-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 101, "PARKS, BEACHES, AND
RECREATION", BY AMENDING SECTION 101.37,
"SHARK FISHING", TO PROHIBIT SHARK FISHING
WITHIN THREE HUNDRED FEET (300') NORTH AND
SOUTH OF THE MUNICIPAL BEACH AND WITHIN
THREE HUNDRED FEET (300') NORTH AND SOUTH
OF ATLANTIC DUNES; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 14-14 is on file in the City Clerk's
office.)
The Interim City Attorney read the caption of the ordinance and clarified
that this ordinance was prepared by the City Attorney's office in relation to a complaint
that was submitted in the form of a letter from a local attorney who stated that he felt that
the existing ordinance that the City had which prohibited shark fishing from any beach
within the City limits was too broad and too expansive. The Interim City Attorney stated
staff has clarified the ordinance to limit the shark fishing prohibition at the municipal
beach and Atlantic Dunes Park.
A public hearing was held having been legally advertised in compliance
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with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
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Mayor Glickstein declared the public hearing open.
Zack Miller, 2200 North Conference Drive Boca Raton FL 33486
stated the City of Delray Beach tried to pass the ban in 2009/2010 and it was deemed
unconstitutional under the Florida Constitutional Laws Article 10 Section 11. Mr. Miller
commented about the interview with Mayor Glickstein yesterday on the news and he said
it was not as much of a public safety issue as it was about littering. Mr. Miller stated
there has never been any statistical proof to prove that shark attacks happen in places
where shark fishing occurs. Mr. Miller stated other counties and cities have tried to ban
shark fishing; he stated Volusia County is the shark attack capital of the world and they
are not allowed to shark fish there. Mr. Miller stated there has been one attack in Delray
Beach in the last sixty (60) years. He stated for the most part shark fishing occurs at
nighttime and inside the guarded hours it should not be allowed but outside the guarded
hours between dusk and dawn should be legal. Mr. Miller asked that City staff explain
where the municipal beach boundaries are. Mr. Miller stated he is opposed to this
ordinance.
Josh (last name unknown), 4100 Singer Island, stated he would like to
see this ordinance repealed; however, he requested that the City work with them. He
stated after watching the news he saw that Mayor Glickstein was concerned over people
leaving shark bait on the beach than the actual fishing so believes it is more of a concern
in his mind of littering than fishing. He concurred with comments expressed by Mr.
Miller and urged the Commission to make the Police Department aware of the new
boundaries.
Tom Carney, 828 Eastview Avenue, Delray Beach, FL 33483, stated
there was an issue related to the enforceability and feels the City needs to be careful
about regulating things on beaches where it does not have jurisdiction. He stated he is
opposed to shark fishing from the beach. Mr. Carney stated the City is forcing people to
beaches which are not the municipal beach (i.e. behind people's homes). Mr. Carney
urged the Commission to better define what is meant by shark fishing before they pass an
ordinance which the City may or may not be able to enforce; and, if there is an ordinance
the City has to be able to enforce it.
Louis (last name unknown), 16610 S.W. 68th Terrace, Miami, FL,
stated he takes his children fishing and noted as a parent he would rather his kids go out
fishing than go to a nightclub or bar. He expressed concern over losing these things for
young adults and kids and what will happen when their rights are taken away and cannot
fish and they are limited to where they can go. He stated the best time you can spend
with family and friends is fishing especially in today's world where so much of the focus
is on ipads and iPhones.
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There being no one else from the public who wished to address the
Commission regarding Ordinance No. 14-14,the public hearing was closed.
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Mayor Glickstein stated he cannot edit what the press used but public
safety was the paramount issue; littering was brought up by another Commissioner at the
last meeting as a result of complaints that there have been shark carcasses left on the
beach and anyone subscribing to good fishing practices would know not to leave that on
the beach. Mayor Glickstein stated he concurs with comments expressed by the last
public speaker in terms of surfeasting and noted he has been doing this since he was a
child and takes his own children as well. Mayor Glickstein stated the City is not doing
anything restricting fishing; however, as pointed out by the Interim City Attorney, the
City of Delray Beach had an ordinance that prohibited shark fishing anywhere within the
City limits and instead of prohibiting shark fishing citywide this ordinance defines where
it can actually be done. Mayor Glickstein stated he supports this ordinance because the
fact that we have not had a shark attack in Delray Beach is good news; however, he has
been out early in the morning before dusk where guys are rowing or paddling out half an
Amberjack (fish) 100 yards out and people are still swimming in the water. Mayor
Glickstein stated the City is being responsible in restricting this away from the public
beaches in areas less frequented by swimmers. He reiterated that the City cannot prohibit
shark fishing citywide but that the City is providing areas by which responsible fishermen
can do what they want to do;just further away from where the City has the most people
using the public beaches.
The Interim City Attorney stated with respect to municipal boundaries,
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there are legal descriptions that are provided for in Chapter 101 of the City Code. The
Interim City Attorney stated the boundaries are generally Casuarina Road to the south
before the Seagate and to the north approximately 50 yards north of the north lifeguard j
tower where the sidewalk ends before private property. Also, Atlantic Dunes Park is just
north of Linton Boulevard.
Brief discussion between Deputy Vice Mayor Jarjura and the Interim City
Attorney followed regarding the enforcement. The Interim City Attorney explained that
Code Enforcement has some extended hours but to the extent that it is happening beyond
their hours then it would be the Police Department that would have to enforce it.
Vice Mayor Petrolia stated if it is a State Law that you can go to any beach
and fish off of it she asked why these men would come all the way from Miami to fish on
Delray Beach. He stated the Police do not let them fish there.
The Interim City Attorney stated the same State Law applies statewide.
Mayor Glickstein stated access to the beach is very easy.
Vice Mayor Petrolia moved to adopt Ordinance No. 14-14 on Second and
FINAL Reading, seconded by Deputy Vice Mayor Jarjura. Upon roll call the
Commission voted as follows: Mayor Glickstein Yes; Vice Mayor Petrolia — Yes;
Deputy Vice Mayor Jarjura—Yes. Said motion was passed with a 3 to 0 vote.
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At this point, Mayor Glickstein stated in terms of outlining where those
boundaries are to the extent the City can, where the municipal beach is as a defined term,
would be helpful. The Interim City Attorney stated she will ask the Planning and Zoning
Department for that capability to do that and staff will have a response at the next i
meeting.
10.G. ORDINANCE NO. 18-14: Consider an amendment to Chapter 110,
"Local Business Taxes Generally", by amending Section 110.15, "Local Business Tax
Schedule", to eliminate outdated business classifications and to provide for an increase in
the local business tax schedule. (STAFF HAS REQUESTED THE ITEM BE
POSTPONED UNTIL THE JUNE 17, 2014 REGULAR CITY COMMISSION
MEETING TO MEET AD VERTISEMENT REQ UIREMENTS)
9. REGULAR AGENDA:
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9.A. CONDITIONAL USE RE UEST/DEPOT S UARE
APARTMENTS: Consider a conditional use request to Land Development Regulations
(LDR) Section 4.4.19(1))(1)(f), "Mixed Industrial and Commercial District: Conditional
Uses and Structures Allowed, Multiple Family Residential Development up to a
maximum of twenty-four (24)units per acre", to allow the construction of 284 residential
apartment units (23.01 du/ac) within nine (9) three-story buildings for Depot Square
Apartments (f/k/a Historic Depot Square), located north of West Atlantic Avenue,
between I-95 and CSX Railroad, and accessed via Depot Road. (Quasi-Judicial
Hearing)
Mayor Glickstein read the City of Delray Beach Quasi-Judicial rules into
the record for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, City Clerk swore in those individuals who wished to
address the Commission.
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Mr. Jacquet and Mr. Frankel were not present. Deputy Vice Mayor
Jarjura, Vice Mayor Petrolia, and Mayor Glickstein stated they had no ex parte
communications to disclose.
Mark McDonnell, AICP, Interim Director of Planning and Zoning, entered
the Planning and Zoning Department#2014-024 into the record.
Mr. McDonnell stated this is a conditional use required to allow up to 24
dwelling units per acre and the proposed density is 23.01. There are 650 parking spaces;
the Future Land Use Map (FLUM) designation. is Commerce and the zoning is MIC
(Mixed Industrial Commercial) and is the I-95 CSX Railroad Corridor Overlay District.
Mr. McDonnell stated proposed on the plan are seven (7) three-story buildings; there are
77 one-bedroom, 162 two-bedroom, and 45 three-bedroom units. He stated there is also a
7,500 square foot clubhouse with a variety of impressive amenities for the future
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residents. Mr. McDonnell stated they are proposing to relocate Depot Road to the west
side of the property from its current location so it will run along the railroad track. He
stated the conditional use requires 71 workforce housing units so they would be required
for this development. Mr. McDonnell,noted that when this project first came in there
were a couple of internal adjustments that were required and the applicant did not want to
come to the Commission with that request because it would not have complied with the
LDRs and that is one of the items that is required for the Commission to support this
application. Mr. McDonnell stated in order to eliminate that internal adjustment that was
required the applicant removed twelve (12) of the propose units from the design.
The Planning and Zoning Board recommended approval of this project.
The performance standards that the City Commission needs to consider are traffic
circulation and calming. Mr. McDonnell briefly reviewed the Performance Standards for
Density Increase. Mr. McDonnell stated the applicant has worked very well with
S.A.F.E. and on February 21, 2014, the Planning and Zoning Board reviewed the
application and made a recommendation to approve this application and conditions #1-#6
were supported and added conditions #7417. Mr. McDonnell stated there is an incorrect
figure in the staff report; the cost to install the bike path is divided by 3 instead of 9. Mr.
McDonnell stated when staff redid the calculation there is actually have a 2,777 surplus
so there is no longer a concern. Mr. McDonnell stated staff would like to re-introduce
Planning and Zoning Board condition 47 (page 5) back into the list of the Commission's
conditions. Therefore, Mr. McDonnell stated staff supports the submittal of$25,000 and
asked the City Commission if they would like to bear the cost of the ongoing
maintenance over time for that because it is not on the subject property. He stated it is
going to be along the 1-95 off-ramp and connect to Atlantic Avenue. Staff feels this is a
good circulation amenity to allow bicyclists and pedestrians to access Atlantic Avenue
and recommends approval subject to the condition.
Charlie Putnam, 4722 N.W. 2nd Avenue, Boca Raton, FL 3343_1
(applicant, introduced Architect Richard Jones.
Richard Jones Richard Jones Architecture 10 S.E. 1" Avenue Ste.
"A", Delray Beach, FL 33444, gave a brief PowerPoint presentation regarding the
project.
Kevin Osborn, 621 Allen Avenue, Delray Beach, FL 33483, stated he
supports the project.
Charles Bonfield 220 MacFarlane Drive Delra Beach FL 33483
President of S.A.F.E. (Safety As Floridians Expect), stated S.A.F.E. supports the
project and urged the City Commission to approve.
Jim Smith, 1225 South Ocean Boulevard, Delrav Beach, FL 33483,
Chairman of Safety As Floridians Expect (S.A.F.E.), Chairman of S.A.F.E., briefly
explained the shared-use pathway and stated S.A.F.E. supports the project.
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There was no cross-examination or rebuttal from staff.
For clarification, Mr. Putnam stated the only issue they had was how they
were going to handle the funding of the pathway extension from their project out to
Atlantic Avenue. Mr. Putnam stated the developer is proposing to put $25,000 into an
account to fund that extension from their property to Atlantic Avenue and was an
agreement the developer made with S.A.F.E. but that was changed in a previous version
of the conditions. However, Mr. Putnam stated they are back to that point. Mr. Putnam
stated it is a voluntary contribution and they have enjoyed working with S.A.F.E.
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The Interim City Attorney stated rather than have the City Commission
work out the details of an escrow account that the City is voluntarily offering to enter into
a developer's agreement with them while the City works out the details.
Vice Mayor Petrolia expressed concern over putting residential in this area
(between I-95 and the train tracks)because she feels it is less desirable.
Mayor Glickstein stated in contrast to the other project where it was not a
function of use but how it fit in he feels that the developer should be commended for
doing it because this area needs something. Furthermore, Mayor Glickstein stated the
apartments will do well there and it is a trend that is sustainable. He stated this is what
should go there given where the density in his opinion should go. Mayor Glickstein
stated waiting for an industrial/commercial use with access what is there is never going to
happen which is why it is vacant and blighted now. Mayor Glickstein stated the
developer is willing to commit substantial capital to develop an area that sorely needs it.
He stated with regard to the demographic trends across this country, high intensity
residential next to train stations and next to highways is where we are headed. Therefore,
Mayor Glickstein stated he appreciates the effort and fully supports the project.
Deputy Vice Mayor Jarjura stated she concurs with comments expressed
by Mayor Glickstein.
Brief discussion between Mayor Glickstein and Vice Mayor Petrolia
continued.
Mr. Jones stated if looking at the trends up and down 1-95 apartments are
being built directly to the south of the new Palm Beach Mall Outlets. He stated the shells
are very visible. Mr. Jones stated there is student housing being built at FAU's campus
and the work is being started along 1-95. Mr. Jones stated they added insulted glass
windows to the units which is part of the conditional of approval so there are no sound
issues; he stated on the site plan the majority of the buildings are turned ninety degrees to
I-95 for that reason and are turned toward green spaces in the center and the clubhouse is
also designed with a private courtyard feel. Mr. Jones stated what this community could
be with people coming to Delray Beach via train, a trolley stop at the round-a-bout; a
Palm Tran stop. He stated this makes a lot of sense for all the reasons Mayor Glickstein
and Deputy Vice Mayor Jarjura had said. Mr. Jones stated this will be a wonderful
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community and it offers tremendous potential. Mr. Jones stated for Class "A" rental
apartments with a good design, good planning, and smart density it makes sense.
Deputy Vice Mayor Jarjura stated for a city to be successful we have to
have mixed income housing opportunities to service all the needs of the residents.
Mayor Glickstein and Deputy Vice Mayor Jarjura both agreed that this
will help to set a precedent of what they consider good development.
For the record, J Vice Mayor Petrolia stated that she believes that this is a
project that is going to be one of those the City is going to look back on and go "great
proj ect...wrong location."
Deputy Vice Mayor Jar ura moved to approve the conditional use request
for Depot Square Apartments, seconded by Vice Mayor Petrolia. Upon roll call the
Commission voted as follows: Vice Mayor Petrolia—Yes; Deputy Vice Mayor Jarjura—
Yes; Mayor Glickstein—Yes. Said motion passed with a 3 to 0 vote.
9.B. BID AWARD TO REPUBLIC PARKING SYSTEMS: Consider
approval of a Bid Award in the amount of$194,733.24 to Republic Parking Systems to
manage the City's Old , School Square and Federspiel Parking garages. This
recommendation is in compliance with Ordinance No. 29-13, Section 36.02(A)(2),
"Methods of Acquisition: Sealed Competitive Method, Requests for Proposals, Requests
for Qualifications, Requests for Letters of Interest". Funding is available from 001-3151-
545.34-90 (General Fund: Operator Expenses- Miscellaneous/Other Contractual
Services).
Randal Krejcarek, Director of Environmental Services, stated this item is
approval of an agreement with Republic Parking Systems for the Parking Management
contract. Mr. Krejcarek stated the contract is a one-year agreement which includes a 90-
day probationary period the first three (3) months. He stated staff had a conversation
with Republic with the hourly rate of the valet service that they quoted and staff informed
them that the tips for the valet service are not to be solicited. Mr. Krejcarek stated staff
asked Republic if they would be interested in withdrawing but Republic indicated to the
City that they are going to make it work. Mr. Krejcarek stated there is no re-negotiation
of rates and once the City is under contract it is in the contract with regard to rates. Mr.
Krejcarek stated during the January Workshop when staff presented the Comprehensive
Parking Program part of that program included the additional Building Maintenance staff
that could be doing that on a more regular basis. Mr. Krejcarek stated the other concern
was why is the City expending funds and paying a company to manage the parking
garage versus telling someone to manage it and pay the City. He stated in both cases the
City is still paying somebody to manage the parking garage. Mr. Krejearek stated based
on revenues it is a cash business he does not believe the City will not see an increase in
revenue from year after year. He stated in January staff also discussed meters in the
garage so that would do away with any cash collection. Mr. Krejcarek stated any
complaints or issues that go wrong in the garage go to Scott Aronson, Parking
Management Specialist 2417.
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Vice Mayor Petrolia asked why did the City not consider this as a revenue
generating situation unlike the beach cabana contract where the City actually goes out to
bid and asked companies to come to the City and tell us how much they are willing to
give the City on an annual basis for these two garages so that the City is just stepping
away and receiving the money rather than having to employ, etc. She asked why staff is
taking the more labor intensive approach. Mr. Krejcarek stated when the City collects the
money we know we are getting the revenue upfront. Mr. Krejcarek stated the City's goal
is to get the meters in the garage.
Mayor Glickstein asked how staff sees this changing as the City
implements this program. Mr. Krejcarek stated staff sees the use of the garage going up
because the fee-based parking program will manage the parking and the City is
encouraging people to utilize the garage because in theory the fee at the garage should be
less than anywhere else. Mr. Krcjcarek stated at that point the City would be managing
the garage internally. Mr. Krejcarek stated if the City implemented something else the
hours would be cut back or adjusted somehow; when staff gets to the point of
implementation they can see what is required of the vendor.
Scott Aronson, Parking Management Specialist, stated the RFP does speak
to the City's intent of putting a fee based program in place and it is stated that at that time
the employees' functions would change and they would be utilized for assisting
customers with the new system. Mr. Krejcarek stated it does not matter what type of
automated system the City puts in, the City will still need personnel there to assist at
some level.
Brief discussion between the City Commission and staff continued.
Deputy Vice Mayor Jarjura stated what they are supposed to charge. Mr.
Krejcarek stated the difference is the hourly rate for the valet service. Deputy Vice
Mayor Jarjura stated she wants to make sure that in the contract that the vendors
understand what scope of services the valet is supposed to be providing for that price.
Mr. Krejcarek stated this is all spelled out in the RFP. Deputy Vice Mayor Jarjura stated
the other vendors raise a good point in terns of the grouping of the price.
The Interim City Attorney stated her recommendation is that the
Commission either reject all and rebid or accept the recommendation of staff in
accordance with City Code.
Mayor Glickstein stated if the City has a quality RFP then we have to
respect the integrity of the process. Mayor Glickstein stated going forward we need to
look at the city as the single largest economic driver in the city and to the extent we can
keep business local that money stays in the local economy. He stated this would send the
wrong message to undo this at this point.
Deputy Vice Mayor Jarjura stated since the day she was elected she
requested from City Manager Chapman a Local Small Business Preference Program and
out of all the municipalities that she practices in, she finds it odd that Delray Beach does
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not have something like that here. Deputy Vice Mayor Jarjura stated Acting City
Manager Barcinski started on this from a week ago.
Vice Mayor Petrolia moved to approve to accept the bid award for
Republic Parking Systems, 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. Said motion passed with a 3 to 0 vote.
j 9.C. COMPENSATION OF ACTING CITY MANAGER: Consider
approval of an 8.75% increase in salary for the Acting City Manager.
Mayor Glickstein stated consider increasing the Acting City Manager's
pay from the current amount to that of the suspended City Manager's salary which
equates to an 8.75%increase. This salary increase would be effective from May 14, 2014
through June 13, 2014. On June 14, 2014 Mr. Barcinski's salary would revert back to the
current rate so there would be no positive or negative impact on his or the city's
retirement payout or benefits. Mayor Glickstein stated Mr. Barcinski is not only doing
what he was doing already but also doing quite a bit in terms of what the City Manager
was doing.
Deputy Vice Mayor Jarjura stated she supports the salary increase for the
Acting City Manager.
Vice Mayor Petrolia stated she supports the salary increase for the Acting
City Manager er as well.
Vice Mayor Petrolia moved to approve increasing compensation for the
Acting City Manager, seconded by Deputy Vice Mayor Jarjura. Upon roll call the
Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes;
Deputy Vice Mayor Jarjura—Yes. Said motion passed with a 3 to 0 vote.
9.D. DIRECTION/SELECTION OF INTERIM CITY MANAGER:
Consideration and discussion regarding the selection of an Interim City Manager.
Robert A. Barcinski, Acting City Manager, stated this item is for
discussion and direction on how the Commission would like to proceed in the selection of
an Interim City Manager from the time he retires or shortly thereafter through the
suspension time of the current City Manager Mr. Louie Chapman, Jr.
Mr. Barcinski stated his last day in the office is Friday, June 13, 2014 but
he is technically here through Monday, June 16, 2014.
After brief discussion, Vice Mayor Petrolia moved to approve to select
Mr. Terry Stewart as Interim City Manager and direct negotiations at the Acting City
Manager's salary, seconded by Deputy Vice Mayor Jarjura. Upon roll call the
Commission voted as follows: Vice Mayor Petrolia—Yes; Deputy Vice Mayor Jarjura—
Yes; Mayor Glickstein—Yes. Said motion passed with a 3 to 0 vote.
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II
9.E. NOMINATION FOR APPOINTMENT TO THE GREEN
IMPLEMENTATION ADVANCEMENT BOARD: Nominate one (1) alternate
member for appointment to the Green Implementation Advancement Board to serve an
unexpired term ending July 31, 2015. Based on the rotation system, the nomination for
appointment will be made by Deputy Vice Mayor Jarjura(Seat#4).
Deputy Vice Mayor Jarjura moved to nominate Frederick Kaub to the
Green Implementation Advancement Board to serve an unexpired term ending July 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. Said motion passed with a 3 to 0 vote.
Vice Mayor Petrolia moved to approve to extend the meeting past 11:00
p.m., seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as
follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor
Jarjura—Yes. Said motion passed with a 3 to 0 vote.
At this point, the time being 10:59 p.m., the Commission moved to Item
II,First Readings.
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11. FIRST READINGS:
11.A. ORDINANCE NO. 01-14: Consider a privately-initiated Future Land
Use Map (FLUM) amendment for Seagate Country Club Villas which includes three
undeveloped parcels of land: Parcels 3 and 4 from OS (Open Space) to LD (Residential
Low Density 0-5 units/acre) and Parcel 8, from LD (Residential Low Density 0-5
units/acre) to OS (Open Space), located on the north side of Greensward Lane, east of
Hamlet Drive within the Seagate Country Club the Hamlet. If passed, a public hearing
will be held on June 17, 2014.
The caption of Ordinance No. 01-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA
ADOPTING A SMALL-SCALE FUTURE LAND USE
MAP AMENDMENT FOR THREE PARCELS OF LAND
IDENTIFIED AS PARCELS 3, 4 AND 8 ALL LOCATED
ON THE NORTH SIDE OF GREENSWARD LANE,
EAST OF HAMLET DRIVE, WITHIN THE SEAGATE
COUNTRY CLUB AT THE HAMLET, AS MORE
PARTICULARLY DESCRIBED HEREIN, FROM OS
(OPEN SPACE) TO LD (LOW DENSITY RESIDENTIAL
0-5 DU/AC) FOR PARCELS 3 AND 4; AND FROM LD
(LOW DENSITY RESIDENTIAL 0-5 DU/AC) TO OS
(OPEN SPACE) FOR PARCEL 8, PURSUANT TO THE
PROVISIONS OF THE "COMMUNITY PLANNING
ACT", FLORIDA STATUTES SECTION 163.3187,
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PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE,AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 01-14 is on file in the City Clerk s
office.)
The Interim City Attorney read the caption of the ordinance.
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Vice Mayor Petrolia moved to approve Ordinance No. 01-14 on FIRST
Reading, seconded by Deputy Vice Mayor Jar ura. Upon roll call the Commission voted
as follows: Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jarjura Yes; Mayor
Glickstein—Yes. Said motion passed with a 3 to 0 vote.
11.5. ORDINANCE NO. 12-14: Consider a privately-initiated request for
rezoning Seagate Country Club Villas which includes three undeveloped parcels of land:
Parcels 3 and 4 from OSR (Open Space & Recreation) to R-1-A (Single Family
Residential) and Parcel 8 from R-I-A (Single Family Residential)to OSR(Open Space &
Recreation), all located on the north side of Greensward Lane, east of Hamlet Drive
within the Seagate Country Club the Hamlet. If passed, a public hearing will be held on
June 17, 2014.
The caption of Ordinance No. 12-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING THREE PARCELS OF LAND IDENTIFIED
AS PARCELS 3, 4, AND 8 ALL LOCATED ON THE
NORTH SIDE OF GREENSWARD LANE, EAST OF
HAMLET DRIVE WITHIN THE SEAGATE COUNTRY
CLUB AT THE HAMLET, AS MORE PARTICULARLY
DESCRIBED HEREIN AND PLACING LAND
PRESENTLY ZONED OSR (OPEN SPACE AND
RECREATION) DISTRICT TO R-1-A (SINGLE
FAMILY RESIDENTIAL) DISTRICT FOR PARCELS 3
AND 4; AND FROM R-1-A (SINGLE FAMILY
RESIDENTIAL) DISTRICT TO OSR (OPEN SPACE
AND RECREATION) DISTRICT FOR PARCEL
8;AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 2012"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 12-14 is on file in the City Clerk's
office.)
The Interim City Attorney read the caption of the ordinance.
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Vice Mayor Petrolia moved to approve Ordinance No. 12-14 on FIRST
Reading, 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. Said motion passed with a 3 to 0 vote.
II.C. ORDINANCE NO. 17-14: Consider a Charter revision by amending
Section 4.02, "Appointment; Removal; Compensation"; to provide clarification regarding
Subsection 4.02(B), "Removal"; providing for a referendum on August 26, 2014. If
passed, a public hearing will be held on June 17, 2014.
The caption of Ordinance No. 17-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
PROVIDING FOR CHARTER REVISIONS BY
AMENDING SECTION 4.02, "APPOINTMENT;
REMOVAL; COMPENSATION"; TO PROVIDE
CLARIFICATION REGARDING SUBSECTION 4.02(B),
"REMOVAL"; PROVIDING FOR A REFERENDUM ON
AUGUST 26, 2014- PROVIDING A SAVINGS CLAUSE;
GENERAL REPEALER CLAUSE; AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 17-14 is on file in the City Clerk's
office.)
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The Interim City Attorney read the caption of the ordinance and stated if
passed there is an associated resolution and proclamation that goes with it.
Mayor Glickstein pointed out that this concept is not new. He stated a
Committee was appointed to review Charter Amendments by the previous Commission
none of which the three (3) Commissioners present now were sitting on. Mayor
Glickstein stated what the Commission is proposing this evening is one of those
recommendations. The City Commission approved all the other proposed changes but
did not approve this one. Mayor Glickstein stated there is not a city in Palm Beach
County that has this rule and there is no company that he is aware of that operates where
the Senior Executives cannot be removed unless there is a super majority of a board.
Mayor Glickstein stated it served its purpose at its time and he fully supports this
ordinance.
Vice Mayor Petrolia stated the people have made a decision going from 3
to 4 and the City is not making that choice for them but instead the City is putting it back
out there to allow the voters to make that decision again.
Deputy Vice Mayor Jarjura stated the number of communications (emails
and telephone calls) has been overwhelmingly in support of the amendment being on the
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ballot.
Vice Mayor Petrolia moved to approve Ordinance No. 17-14 on FIRST
Reading, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted
as follows: Mayor Glickstein - Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor
Joura—Yes. Said motion passed with a 3 to 0 vote.
11.C.1. RESOLUTION NO. 27-14: Approve Resolution No. 27-14 regarding
the August 26, 2014 Special/Referendum Election.
The caption of Resolution No. 27-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CALLING FOR
A SPECIAL ELECTION TO BE HELD ON TUESDAY,
AUGUST 26, 2014; ALL ELECTIONS SHALL BE HELD
WITHIN THE MUNICIPAL BOUNDARIES OF THE
CITY BETWEEN THE HOURS OF 7:00 AM UNTIL 7:00
PM; THE SPECIAL ELECTION SHALL PROVIDE FOR
A REFERENDUM ON THE CHARTER CHANGE
PRESENTED IN ORDINANCE NO. 17-14; PROVIDING
THE TIME, MANNER AND MEANS OF HOLDING
SAID ELECTIONS, PROVIDING A SAVING CLAUSE
AND AN EFFECTIVE DATE.
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(The official copy of Resolution No. 27-14 is on file in the City Clerk's
office.)
The Interim City Attorney read the caption of the resolution.
Vice Mayor Petrolia moved to approve Resolution No. 27-14, seconded by
Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Vice
Mayor Petrolia—Yes; Deputy Vice Mayor Jarjura Yes; Mayor Glickstein— Yes. Said
motion passed with a 3 to 0 vote.
11.C.2. PROCLAMATIONS:
1. Calling for the Special/Referendum Election to be held on
Tuesday, August 26, 2014
The Interim City Attorney read a proclamation into the record calling for
the Special/Referendum to be held on August 26, 2014 between the hours of 7:00 a.m.
and 7:00 p.m.
Vice Mayor Petrolia moved to approve the Proclamation seconded b
Y PP � Y
Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Deputy
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06/03/14
Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said
motion passed with a 3 to 0 vote.
At this point, Mayor Glickstein stated given the tight timetable they are on
he wants to make sure that there is nothing else that the City needs to do in connection
with this issue that with the ordinance first reading the resolution and proclamation that
the only condition precedent to this being on the ballot at this point is a majority vote at a
public hearing on the next City Commission meeting. The Interim City Attorney
confirmed that this will be a public hearing on June 17, 2014.
11.D. ORDINANCE NO. 20-14: Consider an amendment to Chapter 117,
"Landlord Permits", of the Code of Ordinances, by amending Section 117.02, "Permit
Fees", to provide for an increase in the landlord pen-nit fee; providing a saving clause, a
general repealer clause, and an effective date. If passed, a public hearing will be held on
June 17, 2014.
The caption of Ordinance No. 20-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 117, "LANDLORD PERMITS",
OF THE CODE OF ORDINANCES, BY AMENDING
SECTION 117.02, "PERMIT FEES", TO PROVIDE FOR
AN INCREASE IN THE LANDLORD PERMIT FEE;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 20-14 is on file in the City Clerk's
office.)
The Interim City Attorney read the caption of the ordinance.
Lula Butler, Director of Community Improvement, stated staff is
proposing to go from $60.00 to $75.00. Mrs. Butler stated the last time the City proposed
an increase was 2009 and the permit fee went from $50.00 to $60.00. The City started
initially with this program starting at $15.00 to $30.00 and then from $30.00 to $50.00.
She stated the going average should be about $100.00; however, staff is proposing to
increase the permit fee in increments. Mrs. Butler stated that raising the fee will bring the
City of Delray Beach to a more equitable rate with other municipalities and ensure we are
able to continue providing the education and technical assistance programs designed to
achieve the City's goal of quality neighborhoods.
Mayor Glickstein asked if someone who is approved for a reasonable
accommodation is also required to get a landlord permit. Mrs. Butler stated they are
required to get a landlord permit as well as long as they do not have the DCA license that
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exempts them. For clarification, the Interim City Attorney stated it depends what they
are requesting an accommodation from.
Vice Mayor Petrolia asked what this is going to do to increase the bottom
line to the City. Mrs. Butler stated it is going to add about $100,000.00 to the City's
revenues.
Deputy Vice Mayor Jarjura stated if the permit fee went from $60.00 to
$100.00 the City's revenues would be $400,000.00. Mrs. Butler stated this is correct but
would be quite a large increase at one time because it is very impacting to some people.
Mrs. Butler stated some cities require landlords to also obtain a business tax receipt and
suggested that this be reviewed.
Vice Mayor Petrolia moved to approve Ordinance No. 20.14 on FIRST
Reading, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted
as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor
Jarjura—Yes. Said motion passed with a 3 to 0 vote.
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
12.A. City Manager
Robert A. Barcinski, Acting City Manager, stated Deputy Vice Mayor
Jarjura had asked Mr. Chapman for a memo on how the city can implement a Small
Business Program and to look into the County disparity study. He stated the Assistant
City Manager Francine Ramaglia is working on this study and staff will have some
discussion at the Workshop.
Secondly, with regard to the second parking garage, Mr. Barcinski stated
April 2, 2013, the City Commission approved a service authorization with Kimley-Horn
who prepared conceptual lot layouts for this proposed parking garage. Mr. Barcinski
gave the Commission a brief update as to the history of this and stated the City is in the
process of engaging a consultant to complete a parking facility pro forma.
With regard to the appearance of the beach, Mr. Barcinski stated staff will
forward a copy of the Beach Area Master Plan to the Commission. He stated there was a
group comprised of the members of the Beach Property Owners' Association (BPOA),
Delray Parks and Recreation, Environmental Services Department (ESD), and the
Downtown Development Authority (DDA), to address the priority areas. Mr. Barcinski
stated this funding is available He stated the next areas to be addressed are the showers
beginning at the pavilion and moving systematically north and south one shower at a
time. Mr. Barcinski stated Mr. Bob Currie is developing architectural plans for north and
south shelters, etc. Mr. Barcinski stated equipment for the shelter may be provided
through a private foundation.
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With regard to the sidewalks downtown, Mr. Barcinski stated Clean and
Safe Unit does work at 12:30 a.m. every day. Mr. Barcinski stated the City has a private
contractor that is hired to do pressure cleaning primarily from Swinton Avenue to Federal
Highway under the garbage cans and benches once a month east of that every quarter and
west of Swinton Avenue once a year based on the Commission. He stated the sidewalk
cafe restaurants are responsible for pressure cleaning their areas. The City received a
little extra money from the CRA so the City assigned the contractor to get the critical
areas where there was gum or other issues.
With regard to a comment expressed by Commissioner Frankel about e-
cigarettes, Mr. Barcinski stated the Commission received an email from Janice Rustin,
Assistant City Attorney regarding this.
Mr. Barcinski stated Commissioner Frankel requested information about
the lifeguards and this information was forward to the City Commission. In addition, Mr.
Barcinski stated other information from the Chief Financial Officer (CFO) was forwarded
to the City Commission.
Mr. Barcinski commented about Randal Krejcarek's email regarding
Shadywoods and stated there are going to be sections cut out and replaced. Mr. Barcinski
stated overall the resurfacing did not meet all the criteria.
Lastly, Mr. Barcinski thanked the City Commission for the recognition
and consideration for the compensation.
12.B. City Attorney
With regard to the e-cigarettes, the Interim City Attorney stated staff will
be looking for direction from the Commission about drafting an ordinance.
Secondly, the Interim City Attorney stated there is a Special Meeting item
on Thursday, June 12, 2014 with regard to the Fire-Rescue transfer. The Interim City
Attorney stated one of the Commissioners has requested whether or not it is possible to
have the meeting at 5:00 p.m. instead of 6:00 p.m. She stated all the stakeholders are
available at 5:00 p.m.
It was the consensus of the City Commission that the Special Meeting
item be held on Thursday, June 12, 2014 at 5:00 p.m. with regard to the Fire-Rescue
transfer.
12.C. City Commission
12.C.1. Deputy Vice Mayor Jar'ura
Deputy Vice Mayor Jarjura stated she has no comments.
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12.C.3. Vice Mayor Petrolia
Vice Mayor Petrolia stated she has not had the opportunity to work with
Mr. Barcinski any long period of time or be on any of the same boards; however, in a
very short time period she has been nothing but impressed because Mr. Barcinski
responds expeditiously to requests. For clarification, Vice Mayor Petrolia stated many
people were very concerned about whether or not the Commission was doing anything to
go forward knowing that Mr. Barcinski was going to be retiring and the moment Mr.
Barcinski became the Acting City Manager that was the first thing he approached the
City Commission on. Vice Mayor Petrolia stated Mr. Barcinski is such an incredible
asset to the city and wished him a wonderful retirement.
Secondly, Vice Mayor Petrolia stated she was accepted into the Class IV
of the Good Government Initiative and she will begin coursework in August-November.
12.C.4. Mayor Glickstein
Mayor Glickstein stated his path has crossed with Mr. Barcinski serving
on various boards and being involved in large organizations. Mayor Glickstein stated it is
remarkable for him personally that he has never heard a comment from anybody about
Mr. Barcinski that is anything but positive and feels Mr. Barcinski is the most positive
can do person that he has ever met.
Secondly, Mayor Glickstein read an email into the record regarding
Veteran's Day and requested that staff look into incorporating Veteran's Day as a paid
holiday for the City going forward. Mayor Glickstein stated Memorial Day and
Veteran's Day are two very distinct holidays and are honoring two very distinct groups of
people.
Mayor Glickstein stated with regard to the e-cigarettes he would like to
see something come forward sometime in August/September.
Mayor Glickstein stated the City needs to have a policy on food trucks
(i.e. Salt Water Brewery) on what the City is going to do or not going to do. He
requested that there be a discussion about this on an upcoming agenda (i.e. Workshop if
staff feels it is appropriate) and he would like to have a policy in place before the next
season.
Lastly, Mayor Glickstein stated he would like an update on Auburn Trace
and he would like to see the City's alternatives.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 11:26 p.m.
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City Clerk
ATTEST:
YOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on June 3, 2014, which Minutes were formally approved and adopted by the City
Commission on August 5, 2014.
City Clerk
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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 DEPOT SQUARE APARTMENTS
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1 This conditional use request to increase the density to allow a 284-unit
multiple family residential development up to 24 units per acre in the MIC zoning district
for Depot Square Apartments has come before the City Commission on June 3, 2014.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Depot
Square Apartments located between the CSX railroad and Interstate 95 rights-of-way,
south of Lake Ida Road. All of the evidence is a part of the record in this case.
.Required findings are made in.accordance with Subsections I and ll_
1, COMPREHENSIVE PLAN
P-: Comprehensive Plan - Future Land Use Element Obiective 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. Future Land. Use Ma The resulting use of land or structures must be j
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 CMR
(Commerce) and is zoned MIC (Mixed Industrial and Commercial).
Regular Meeting June 3,2014;Item 9.A
Is the project's proposed location consistent with-. the Future Land.
Use Map?
Yes ✓ No.
C. Concurrenc' : Faciliti:e.s 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:. 1lVill the granting. of the conditional use be consistent With
and further the goats and policies of the Comprehensive,Plan?
j Yes No:
11. LDR REQUIREMENTS..
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am 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;
9. Have a. significantly detrimental effect upon. the stability of the
neighborhood within which it will be located;
Hinder development or redevelopment of nearby properties.
Are Section 2.4.5(E)(5) requirements.met?
Yes. f No
ReguW Meeting June 3,2Q14;Item.9.A
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b. Increase in Density. Pursuant to LDR Section 4.4.19(A), residential
uses may be permitted as a conditional use within. the 1-95/CSX Railroad Corridor
Overlay District, provided at least. 25% of the units are workforce housing units which
comply with the provisions of Article 4:7, "FamilyMorkforce. Housing." The maximum
density is twenty-four (24) units per acre. The actual density will be based upon the
development's ability to achieve the performance standards of Section 4.4.6(l).
LDR Section 4.4.60)- 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, tne'approving body
must male a fin&ng that the development substantially complies with the perform"ance
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 correspond.ingly 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 20
M.P.
(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 a 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 th'ereoo is provided; frees exceed
Regular Meeting June 3,2014;Item 9.A
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the required Height at time of planting by 25% or mare, acrd a hedge, wall
or fence is provided as a visual,buffer between the properties..
(d) The development offers a varied strieetscape and buildi ng 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
and distinguish individual units); Building elevations incorporate diversity
in window and door shapes, and locations; features such as balcanies,
arches, poaches, courtyards; and design elements such as "shutters;
window:mulflons; quoins, decorative tiles, etc.
(e) R 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 door plans. Single family-housings
(attached and detached) will at a minimum offer a mix of three and four
bedroom units.with varying floor plans.
(f)
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 c oriveni0t and extensive Noyclei'pedesh an
Petwork, and access to available transit
Does the development substantially comply with the perl'ormatice
standards. pr+ovi:de'd in Section 4.4,6(1)?
Yves V Ida The comments and notes set forth in the staff report are hereby
incorporated herein,
4: The City Commission has applied the Comprehensive Plan and CDR.
requirements in existence at the time the conditional use request.was:submitted_.
S. The City Commission finds there is ample and competent substantial
evidence.to support its findings ire .the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competentwiffiesses supporting these findings.
Regular Meeting June 3,2014; Item 9.A
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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 3rd day of,dune, 2014, by a vote of 3 in favor of ap oval and _ 0 opposed..
Ca ekstein, Mayor
ATTiE=ST
Chevelle N fn.
City Clerk-.
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Regular Meeting June 3,2014;Item 9.A
5
EXHIBIT A
TO THE CONDITIONAL USE REQUEST FOR DEPOT SQUARE APARTMENTS
1. Approval of a site plan by SPRAB that is in general conformance to the submitted
sketch plan and addresses the "Exhibit"A" - Technical Items" attached in the staff
report.
1 That written.verification be provided from the Palm Beach County Traffic Division
that the pxoject complies with its design criteria..
3. That a revised_traffic sturdy is submitted.that reflects the reduction of units to 2.84.
residences and that a folding of coneurreney be provided from the Palm Beach
County Traffic Engineering Division.,
4. That;a.detail of how the stucco siding4 be included on the building elevation plans and
that it demonstrates a,historically correct level and smooth stucco siding be applied
utilizing.air"IL"bracket_
5. That a bus shelter be pi`ovitled near the Intersection. of Lace Ida Road and Depot
Road.
6 The applicant and City staff shall work with each other to finalize a developer's
agreement prior to issuance of the building permit which incorporates iteins stated in
SAFE letter perLik ing to the$25;000 to be escrowed.into an.account,for the eight(8)
foot wide shared use path. The location of the path shall be worked out with 1~D0T.
7. That]Depot Square Apartments will build an & foot:wide shared pathway along the
west_ side of Depot Road starting at the intersection of Depot Road.and Lake Ida Road.
and continue until it crosses to the east side,of Depot Road. The pathway`will then
continue along the east side of Depot Road until it terminates at the northern end: of
the HistoHC Train:Depot site (City of Delray Beach site). This terivination point is
shown on .Depot Square Apartment site plan sheet SP-1.1-.
8 That provisions are made for the inside, safe arid secure storage for a minimum of 74
bieycl�es:for the.residents. of Depot Square Apartments in am apprQxtxnata 30' x 35'
area labeled:"Bicycle Storage" on the site plan.
9. That a wall.in.each unit is reinforced so-that a.bike rack or racks can be quickly and
easily installed by the on-sitc maintenance staff. Keep wall-mounted.bike races on
site and ready for in-rwit.installation at the request of residents.
10.. That 2 electrical vehicle changing:stations are provided on site..
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Regu[aK Meeting June 3,20.14; ltem 9:A
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11. That permanent display space is provided.within the. Clubhouse where each resident
can access transportation information. At a minimum this display will contain: inform
and route and schedule information for Palm Tran, Tri-Rail,.the Delray Roundabout:
the Downtowner, as well as new or substitute providers (such as Tri-Rail Coastal
Link),.info on how to start a carpool and vanpool; details of the emergency ride.home
program, and.,Tri-Rail Bicycle Locker Prograirty.Application Fonns. .
12. That a minimum um 5-foot vide interior sidewalk is provided.
13.That.the site plan shows the actual open space inclusive of the usable open space that
is being shown on the detention area.
W. That the applicant is encouraged td explore alternative sound attenuation including
but not limited.to insulated glass in the windows facing the 195 and the CSX Railroad
only prior the building permit being issued.
15. That the driveway at the northeast corner of the property be examined by the City
Engineer to determine the safest and best use of that ingress/egress.
16. That the following information be provided at each calendar year- to SAFE and the
City for the fiist 5 years following receipt of a.Certificate of Occupancy:
a., The number of stored bicycles at calendar year end.
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Regular Meeting June 3,2014;Item 9,A
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