06-17-14 Regular Meeting MinutesJUNE 17 2014
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 17, 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 - Terry Stewart, Interim City Manager
Terrill Pyburn, Interim City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Chaplain Howard Meridy.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. APPROVAL OF MINUTES:
None.
5. PRESENTATIONS:
None.
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 previous comments expressed by K.C. Taylor from Palm
City, Florida, Interim City Manager Terry Stewart read a brief statement into the record
with regard to All Aboard Florida (AAF) Project and encouraged everyone to visit their
websites to obtain information. Mr. Stewart stated All Aboard Florida completed
diagnostic reviews of each crossing in Delray Beach this past winter. He stated staff met
with AAF to discuss pedestrian access at each crossing and plans for a section through
Delray Beach are approximately 90% complete at this time. Mr. Stewart stated AAF will
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be meeting with staff to review City requested sidewalk crossings and associated costs
which will be a cost to the City sometime in late June. Mr. Stewart stated service is
anticipated to begin in 2016.
Secondly, with regard to a previous concern expressed by Melanie
Langford of Seasage Drive regarding a problem with a drainage pipe that collapsed
between her home and the neighbor's home, Mr. Stewart stated she attempted several
times to get it resolved; City staff filled in the hole on several occasions but that has not
solved the problem. Mr. Stewart stated the Environmental Services Department has
solicited quotes for this work from four (4) vendors; two (2) of the vendors responded
and staff anticipates bringing this item before Commission for approval on the July 15,
2014 City Commission Agenda. Mr. Stewart stated there is a similar situation on
Evergreen Drive that will be taken care of simultaneously.
With regard to Mayor Glickstein's suggestion requesting staff to look into
incorporating Veteran's Day as a paid holiday to the City of Delray Beach going forward.
Mr. Stewart stated Veteran's Day and Memorial Day are two very distinct holidays
honoring two very distinct groups of people. Mr. Stewart stated human resources
conducted a survey on paid holidays for surrounding communities and the City of Delray
Beach is the only agency from the survey that is open for business on Veteran's Day.
Mr. Stewart stated currently employees receive 10 paid holidays and 1 personal holiday.
If Veteran's Day is approved by the City Commission, staff is requesting clarification as
to whether or not this will be an additional paid holiday for City of Delray Beach
employees.
With respect to e- cigarettes, Mr. Stewart stated the City Attorney's office
will be bringing an ordinance with before the City Commission in August or September.
Mr. Stewart stated Mayor Glickstein had previously suggested that the
City have a policy for food trucks where the Salt Water Brewery is located and what the
City is going to do or not do. Mr. Stewart stated Mrs. Butler's staff has formed an
internal staff committee to discuss and research how other cities are handling this issue
and staff will have a recommendation for the City Commission's review in approximately
two (2) weeks.
Mr. Stewart stated there was a previous concern expressed by Mayor
Glickstein with regard to Auburn Trace and looking for some possible alternatives for the
City. Mr. Stewart stated this information has already been provided to the City
Commission by Jack Warner, Chief Financial Officer (CFO).
At this point, Mr. Stewart addressed the following concerns of the City
Commission from the June 10, 2014 City Commission Special Workshop meeting:
With regard to comments expressed by Deputy Vice Mayor Jarjura and
Mayor Glickstein raised similar issues, Mr. Stewart stated they both suggested that a
meeting to set Goals and Objectives Workshop as soon as possible. Mr. Stewart stated
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staff will bring the Goals and Objectives item forward at a meeting in July and will make
a recommendation to the City Commission on how to proceed.
Vice Mayor Petrolia inquired about zoning entitlements where a project
has previously been approved but not built, Mr. Stewart stated it should be able to retain
those zoning entitlements. Mr. Stewart stated Land Development Regulation text
amendments and Comp Plan text amendments are processed in getting final approval. He
stated the only way that you can revert back to what previously existed is to go through
the same process again.
Mr. Stewart stated Commissioner Jacquet spoke about informing the
public that school is now out and drivers should be careful. Mr. Stewart stated the Public
Information Relations Coordinator will issue a Press Release regarding this matter.
6.B. From the Public.
6.B.1. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, briefly
discussed was for the City to raise money. Mr. Warner suggested that the City raise the
rates on the beach, extend the hours for the parking meters on A -1 -A beyond 5:00 p.m. or
6:00 p.m. and states people will still come. Mr. Warner stated approximately one year
ago he conducted his own survey between 6:00 p.m. and midnight and asked people how
they felt about putting the parking meters at night on the beach. He stated the feedback
he received from some people was that they are coming to the downtown to spend money
in the restaurants, etc. and did not care if they would have to spend an additional $5.00 or
$6.00 dollars in the parking meters; and someone indicated that they do not come Delray
because the free parking.
Secondly, Mr. Warner suggested that the City issue beach passes free to
residents and anyone who is not a resident would have to pay a fee.
6.B.2. Steve Blum, 115 Venetian Drive, Delray Beach, FL 33843, stated at the
last meeting he was harsh on the Commission about the way former City Manager
Chapman's position was being handled. Mr. Blum stated this Commission can only
make superlative decisions if it receives superlative information. He stated the
presentation from Anthea Gianniotes, AICP, Urban Designer /Town Planner with the
Treasure Coast Regional Planning Council did an outstanding job.
Secondly, Mr. Blum stated Jack Warner, Chief Financial Officer, gave a
thoroughly researched plan executed and articulate presentation to give the Commission
direction on where we should head. Mr. Blum stated both Commissioner Jarjura and
Mayor Glickstein gave researched plans researched executed and articulate comments on
the direction of the City's LDRs. Mr. Blum stated he hopes that moving forward all
individuals that are involved in the decision making process strive to reach the heights
that these individuals have exemplified.
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Mr. Blum stated Interim .City Manager Terry Stewart spent five (5)
minutes giving information to the Commission and in his opinion it was a million times
better than he has heard in the last year. Mr. Blum stated the way this was handled was
outstanding and it gave the Commission direction on what to do.
Lastly, Mr. Blum stated with regard to his concern about the birds that
might get onto the new beach pavilion, Mr. Barcinski called him to let Mr. Blum know
what was being done. Mr. Blum stated the City has a wonderful array of examples.
6.B.3. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444,
welcomed Interim City Manager Mr. Terry Stewart.
Secondly, Ms. Moody asked that a copy of the budget regarding cuts be
made available to the public.
6.B.4. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445 commented on
Item S.K., Temporary Staffing Agency Costs for FY 2014; multiple vendors. Mrs. First
stated staff is leaving for multiple reasons; however, no one leaves without notice. She
stated management should know that before someone leaves that a new permanent
replacement needs to come on staff and be trained to fill the spot by the employees
leaving. Mrs. First stated they get somewhat trained by another member of staff who
then loses time from their own position. Mrs. First suggested that the Commission
evaluate how the City is replacing its staff and work with a replacement plan that is in the
best interest of the staff and the taxpayers.
6.B.5. Laike Mohammed, 3420 South Ocean Boulevard, Highland Beach, FL
33487 (owner of First Enuity Properties two lots 1107 & 1109 N.E. 2nd Avenue
stated the two lots were replatted and permits were obtained for the building of two single
family homes. Mr. Mohammed stated during the replat and the plan review stage detail
land surveys showed all the existing electrical utility poles and services. Mr. Mohammed
stated they started work on Lot 2 (1107 N.E. 2nd Avenue) and a dangerous incident
occurred; however, the worker was safe and avoided electrocution. Mr. Mohammed
stated FP &L repaired the lines and sent his company a notice to stop work as the building
was within the 10 foot required distance from the power line. Mr. Mohammed stated
they immediately stopped work and consulted with Mr. Steve Tobias of Planning and
Zoning who was unaware of this regulation but later met with FP &L and made himself
aware of this requirement. Mr. Mohammed stated a further meeting was held with Mr.
Tobias and Mr. Krejcarek who accepted that there was a disconnect between FP &L and
themselves. However, Mr. Mohammed stated FPL was governed by OSHA (Office of
Safety and Health Administration) regulations while the City was not and they would not
take any responsibility. Mr. Mohammed stated FP &L was initially not willing to take
these cables underground in an easement provided to them due to interference from other
cables in the ground. Mr. Mohammed stated FP &L wanted them to demolish whatever
they had built and start again keeping a 10 foot clearance. Mr. Mohammed stated FP &L
finally agreed to place the cables underground at a cost of approximately $16,000 with a
waiting time of 3 -4 months. Mr. Mohammed stated he feels it is the duty of the City of
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Delray Beach to safeguard the health and safety of the public and workers involved in
building these projects and take into consideration any from service providers and
OSSHA. Mr. Mohammed stated he presented this matter to City Manager Louie
Chapman a few months ago but to date nothing has happened. Mr. Mohammed requested
that the City give him a credit of $6,000 to be paid towards the impact fees for the
property at 1109 N.E. 2"d Avenue and a refund of $15,000 already paid on the property at
1107 N.E. 2nd Avenue to lessen the burden on them and for the City to put measures in
place to help avoid something like this from happening in the future.
6.B.6. Joselph Arena, 2507 Par Circle Delray Beach FL 33445, supports the
City studying the possibility of having food trucks at brewery tap rooms including the
Salt Water Brewery.
6.B.7. Bo Eaton, Partner at Salt Water Brewery, 1701 West Atlantic
Avenue Delray Beach FL 33444 urged the City Commission to place the issue of food
trucks on the next Agenda.
6.B.8. Kevin Osborn, 621 Allen Avenue, Delray Beach, FL 33483,
commended the Commission for working on the LDRs. Mr. Osborn stated according to
Interim City Attorney Pyburn and Mr. McDonnell stated the Commission must discuss
the Comp Plan before the LDR; however, the parties and developers do not have a chance
to speak on the Comp Plan so the Commission is not able to hear final statements from
both parties prior to making a decision on the Comp Plan since the LDR follows the
Comp Plan. Mr. Osborn asked the Commission that prior to the Camp Plan Amendment
that they allow both parties to speak for ten (10) minutes then as opposed to later so the
Commission can hear all the discussion points that are relevant for the Comp Plan and
LDRs.
6.8.9. Don Anthony, 1431 North Federal Highway, Delray Beach, FL
(Communications Director for the Animal Rights Foundation of Florida), stated he
supports the ordinance banning the sale of commercially bred dogs and cats in pet stores.
Mr. Anthony stated all pet shops get their animals from commercial bidding facilities
known as puppy mills. He stated female dogs live their entire lives packed in crowded
cages, carry diseases, are neglected, and are continuously bred over and over. Mr.
Anthony stated the dogs are commodities and exist solely as meat producing machines
until their spent and no longer profitable and then they are killed. He stated the ordinance
does not hurt small business but only stops commercially bred animals from being sold in
stores because that is where the problem is. Mr. Anthony urged the City Commission to
pass the puppy mill ordinance to protect the residents, consumers, taxpayers, and animals.
6.8.10. Michael Aberle, 112 West Coda Circle, Delray Beach, FL 33444 read
a brief statement into the record and stated in his opinion taking puppies out of pet
inventory will not have a negative impact.
6.B.11. Dr. Carol Chapman, Best Friends Veterinarian Hospital in Lake
Worth, Veterinarian for 28 years and practicing 18 years in Palm Beach County,
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stated there is an overpopulation problem of pets in the United States and the dogs she
sees have very poor genetics. In her opinion, Dr. Chapman stated it is better if the pet
shops adopt out rescue dogs from the pound. Dr. Chapman stated that way the people
who are buying these animals at the pet shops instead will be filled with love from the
Animal Rescue League so they can get homes. She stated if the pet shops have these
other puppies they do not have any more homes for the ones that do not have homes.
6.B.12. Samantha Jardine, 10330 North Military Trail, 48A, Palm Beach
Gardens, FL 33410, stated soon after she purchased a puppy from Waggs to Riches last
year and the puppy immediately started showing signs of distress with her last bout of
illness as recent as two weeks ago. Ms. Jardine distributed a copy of a letter to the
Commission from her Veterinarian about the puppy's health condition. Ms. Jardine
stated the store owner did not post her puppy's origin which is in direct violation of Palen
Beach County's ordinance; however, she did not notice at the time of purchase. Ms.
Jardine stated her vet bills totaled over $4,000. She urged the Commission to protect
others from having the financial and emotional hardships that she has had after she
purchased her dog. Ms. Jardine urged the Commission to move forward with the ban of
retail sales of commercially bred dogs and cats.
6.B.13. Dr. Stacy Nelson, licensed Psychotherapist in Boca Raton and Delray
Beach, Motivational Trainer for the County Facility Advisor for approximately 20
universities, stated she has had direct experience listening to pet owners who have
purchased dogs from pet stores and the medical bills that the owners have developed
from caring for these animals. Dr. Nelson stated she has organic pet company and her
products are sold at Whole Food Markets and has been a vendor at the Delray Green
Market for six (6) years. She stated her products are geared for pets that have sensitivity
to foods and common allergies.
At this point, the Interim City Attorney stated those people who are
speaking about the puppy mill ordinance are speaking about the ordinance and not any
specific business.
6.B.14. Faye Benedetti 14844 Strand Lane Delray Beach FL 33446 stated
she has dealt with animal rescue services over the years and has had many dogs and has
had health issues with every single one of the dogs she adopted. Ms. Benedetti stated the
issue is not any one particular store and feels this country needs to stop importing strays
from other countries, other states so rescue groups can sell them and make a profit for
non - profit organizations. Ms. Benedetti urged the Commission to stop puppy mill
breeders at the source so the problem is attacked head -on. She feels that something can
be worked out on both ends to make animal rights and store owners work together to do
something good and give people the opportunity to buy or adopt.
6.B.15. Sandra Dezelan 1018 Bauhinia Road DeIrgy Beach FL 33483 read a
brief statement into the record and stated since 2003 she has been running an animal
rescue (private non - profit). Ms. Dezelan stated she and her husband (Veterinarian) have
taken in over 4,000 homeless animals. She stated she supports the proposed ordinance.
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6.B.16. Michele Lazaro Hallandale Beach City Commissioner, 2621 N.E. 10th
Street, Hallandale Beach, FL 33009, stated to date Florida officials have passed this
ordinance and out of 15 municipalities and counties 21 of them are in Florida. Ms.
Lazara stated there are no other places for retail stores to buy their dogs but commercial
breeding farms. She urged the Commission to move forward with this ordinance.
6.B.17. Genevieve Hillidge, 5544 Fox Drive, Boca Raton, FL, read a letter into
the record to Mayor Glickstein from the HSUS (Humane Society of the United States)
Charity. Ms. Hillidge expressed concern that the Federal Government and Animal
Welfare Act is outdated and obsolete and does not recognize the emotional needs of the
animals.
6.B.18. Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33445, briefly
spoke about the Salt Water Brewery and feels food trucks should be allowed west of I -95.
6.B.19. Mitzi Kaitz, 110 N.E. 6th Street, Delray Beach, FL 33444, expressed
concern that we would not want food where alcohol is served.
Secondly, Ms. Kaitz stated prior to Commissioner Jarjura came she sent
emails to the Commission regarding the garbage in Delray. Ms. Kaitz expressed concern
over the litter between Swinton Avenue and 2nd Avenue. She asked if the City can
coordinate with City workers times when the sidewalks can be cleaned of all visible litter.
Ms. Kaitz stated the litter is an eyesore on 3rd Avenue in the Northeast area.
Ms. Kaitz stated as the City negotiates new garbage pickups to see if the
company that is chosen can remove recyclables as one bin instead of two. In addition,
Ms. Kaitz asked that the City consider garbage companies who use trucks that do not
emit black smoke as they move from one house to another.
6.B.20. Tom Whatley, stated he does not support puppy mills and does not
believe anyone within the City of Delray Beach supports puppy mills either. However,
he stated if there are puppy mills in the City of Delray Beach he feels the City needs to go
after those people but not shut down any retail businesses because the City is suspicious
of some retailers or because the authority of the HSUS. He urged the Commission to not
pass this ordinance.
6.B.21. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Dclray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance ), commented about a Sun - Sentinel newspaper
article regarding the City retaining the Fire- Rescue Department. Dr. Kirson expressed
concern over the City raises budgeted for the Fire - Rescue Department and stated unless
there is a drastic change with Fire and Police the City will not have a Fire Department in
three (3) years.
6.B.22. Dale Kolbrenner, 5465 Monterey #14, Delray Beach, FL 33484, stated
she purchased a puppy in November 2013 and briefly spoke about the puppy's health.
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Ms. Kolbrenner stated within a couple of days of taking the puppy to the Veterinarian it
was discovered that the puppy had a heart murmur which was not disclosed to her when
she initially purchased the puppy.
6.B.23. Jacob Walk resident of Boca Raton stated putting the retail owner out
of business to stop the egregious practices of the few puppy mills is the wrong way to
approach this. He suggested that the Commission look at this ordinance and does not feel
the City is solving the problem by passing this ordinance. He urged the Commission to
not approve the ordinance.
6.B.24. Jamie Wolf, 151 N.E. 5th Avenue, Delray Beach, FL 33483, stated every
dog she has ever had has had a heart murmur and feels it is a common problem for dogs.
She feels that people need to stop focusing on this and focus on the real problems in
Delray.
6.B.25. Joan Carlson- Radabaugh, Community Initiatives Director
Community Outreach for the American Society for the Prevention of Cruelty to
Animals (ASPCA), read a brief statement into the record
6.8.26. Maria Sica, 759 N.W. 27th Avenue #A, Delray Beach, FL 33445, stated
she does not see that a store should go out of business because it is not selling dogs from
puppy mills; it has been other things that it sells. Ms. Sica stated puppy mills are a
known fact that is the ones that are producing sick and disabled animals and suggested
that the first step in the right direction is to stop people from buying them.
6.B.27. Arthur Gross, 32 S.E. 2 "d Avenue, Delray Beach, FL 33444,
commented that the Federal Legislation did nothing and stated in selling these rescue
dogs people know that they are going to have problems; however, in this case, we do not
know that there is a problem. Mr. Gross stated the City is not solving the problem by
zooming in on the retail outlet and he feels this should be considered before making a
decision.
At this point, the time being 7:17 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 07 -14 (SECOND READINGISECOND PUBLIC
HEARING): Consider a privately - initiated amendment to the Future Land Use Element
of the Comprehensive Plan, modifying the description of the General Commercial (GC)
Future Land Use designation, and Policy A -7.2 of the Future Land Use Element, to allow
an increase in density to a maximum of 24 units per acre, and establish a maximum Floor
Area Ratio (FAR) of 0.75 for lands zoned General Commercial (GC) which are located
within the Infill Workforce Housing Overlay District.
The caption of Ordinance No. 07 -14 is as follows:
06/17/14
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ADOPTING A COMPREHENSIVE PLAN
AMENDMENT, PURSUANT TO THE PROVISIONS OF
THE "COMMUNITY PLANNING ACT ", FLORIDA
STATUTES SECTIONS 163.3161 THROUGH 163.3248,
INCLUSIVE; ALL AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ENTITLED " DELRAY
PRESERVE COMPREHENSIVE PLAN AMENDMENT ",
AND INCORPORATED HEREIN BY REFERENCE;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 07 -14 is on file in the City Clerk's
office.)
The 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.
Mark McDonnell, AICP, Assistant Director of Planning and Zoning,
distributed a transmittal from Jim Smith, President of S.A.F.E. to the City Commission
that were provided to staff after the Agenda packets went out. Mr. McDonnell stated
staff also received two (2) additional emails and were submitted around 6:00 p.m. Sunday
evening and also did not go in the Commission Agenda packets.
Mark McDonnell, AICP, Assistant Director of Planning and Zoning,
entered the Planning and Zoning project file #2014 -072.
Mr. McDonnell stated this is an amendment to the Future Land Use
Element of the Comprehensive Plan to modify the description of the General Commercial
Future Land Use Designation Policy A -7.2 of the Future Land Use Element. He stated
this will allow an increase in residential density from the currently allowed 18 units per
acre up to 24 units per acre. Mr. McDonnell stated it also reduces the FAR (Floor Area
Ratio) for non - residential development from the current 3.0 to 0.75. On April 16, 2014,
the City Commission approved this ordinance on first reading. He stated there was a
public hearing at first reading and all the details were explained at that time.
Mayor Glickstein declared the public hearing open.
Scott Backman Dunay, Miskel Backman Blattner LLP 14 S.E. 4th
Street, Suite #36, Boca Raton, FL 33432, (representing the Applicant), stated the
developer has developed and managed over 5,000 units in South Florida development
communities. Mr. Backman stated these are upscale luxury apartments and the average
household income of their renters in South Florida is $102,000 a year; rents average
about $2,000 per month. Mr. Backman stated there was discussion at prior meetings
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about the transitional nature of this use; Kokomo Key development is to the south and
some of the other communities further south are more single family in nature with
Kokomo Key being a 12 unit per acre townhouse community. Furthermore, Mr.
Backman briefly reviewed the site plan and stated the F.LN.D. area is immediately to the
east, the auto dealership to the north, and substantial retail commercial on the west side of
Federal Highway. He stated there has been a fair amount of community outreach and
explained that in their setbacks is twice the size so they have more substantial buffering
and higher trees between the two communities. Mr. Backman stated they are providing
1, 2, 3 and 4 -story homes. He stated there have been concerns expressed about the traffic
as it relates to this matter.
Mitzi Kaitz, 110 N.E. 6`h Street, Delray Beach, FL 33444 (representing
S.A.F.E and its support for the development Delray Preserve ), stated S.A.F.E. has
reviewed and analyzed projective traffic and is convinced that there will be no traffic
problems after this development. Ms. Kaitz stated Delray Preserve modified its planned
egress to eliminate a potentially dangerous U -turn situation and a traffic signal is not
warranted at this time.
Kevin Osborn, 621 Allen Avenue, Delray Beach, FL 33483, stated in
2006 this property was originally 12 units per acre in 2006 before the City Commission
approved it to go to 18 units per acre. Mr. Osborn stated now what is being presented is
to go from 18 units per acre to 24 units per acre. Mr. Osborn stated the only factor that
the City Commission can make their decision on this evening is compatibility,
consistency and whether it is complementary. He stated the maximum density for the
surrounding areas is 12 units per acre and the applicant is proposing 24 which doubles the
size. Mr. Osborn stated what the Commission decides on this project will impact the
North Federal Corridor going forward and if the Commission approves this every other
lot will want 24 density units per acre apartments. Mr. Osborn urged the City
Commission to not approve the density increase.
McCall Credle - Rosenthal, 817 N. Lake Avenue, Delray Beach, FL
(President of La Hacienda), stated this is a project that is going to be 207 rental units
just north of George Bush Boulevard which she feels is not complementary to their
neighborhoods of Old Palm Grove, the Estuary, La Hacienda, and Kokomo Key. Ms.
Credle - Rosenthal stated she likes the quality of the work but she wishes that this project
could be a townhome development rather than rentals where people do not have a vested
interest in the properties. She stated if the developers would have the strategy of going
into a project and doing a feasibility study and knowing what they can do rather than
come in and ask for more they would possibly realize the economic deterrent of what
they are doing.
Bob Ganger, 1443 North Ocean Boulevard, Gulf Stream, FL 33483
ice Mayor of Gulf Stream stated Gulf Stream is just behind this project and it will
have some impact on people who live at the south end of Gulf Stream. Mr. Ganger stated
in this case going up to a density of 24 units per acre may be warranted by unique
circumstances because right behind this property is the F.I.N.D. property where all the
spillage from the dredging of the canal is dumped and after the dumping there are lots of
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bugs, birds, and rats that enjoy eating what is in that pile. Mr. Ganger stated this is not an
easy project to develop and he feels the developer is putting together a very high quality
development in what could be every ten (10) years when they do the dumping somewhat
suspect property. Mr. Ganger stated this is a pretty creative project and in that respect it
will probably serve the community well over a long period of time.
Cynthia Taylor, 611 Allen Avenue, Delray Beach, FL 33483 expressed
concern over the proposed project with the traffic congestion and the traffic study being
done in 2006. Ms. Taylor stated there has been a Walmart and small businesses that have
arisen since the traffic study and she has the difference coming out of Allen Avenue
(dead -end street) their only access to Federal Highway. She stated with 50 additional
units it will increase noise, solid waste and resident turnover because it is a proposed
rental community. Ms. Taylor stated she owns a small bungalow home for 15 years and
expressed concern over what the proposed development could potentially do to property
values. Ms. Taylor stated she is very proud to live in this town and from the north -end
there is no distinguishing marker.
Dr. Victor Mrson, 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), urged the City Commission to not approve the
variance and stop the extra development. Dr. Kirson stated there is no need for over 200
rental units.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 07 -14, the public hearing was closed.
Mr. Frankel asked why staff recommends approval. Mr. McDonnell
stated if staff does not have a reason to object and it meets the standards of the LDRs,
staff generally recommends approval. Mr. Frankel stated 18 units are allowed and the
applicant is requesting 24 units per acre and asked if there is a compromise between 18-
24 (i.e. 21).
Deputy Vice Mayor Jarjura stated she understands the Commission has to
vote on the Comprehensive Plan in order to vote on Item 10.13. and asked if there is any
way the Commission can have a presentation on both and then take the vote on each item.
The Interim City Attorney stated that is unusual that deviates from case law and statute.
Deputy Vice Mayor Jarjura asked if since this item originally came before her at the
Planning and Zoning Board and then came two other times before the City Commission if
there have been any changes to the project other than the density.
Scott Backman, representing the Applicant, briefly discussed the changes
to the project. Mr. Backman stated in order to provide luxury rental housing it requires a
baseline number of units. He stated typically communities such as these are around 300-
350 units.
Deputy Vice Mayor Jar ura stated S.A.F.E. spoke about the commitments
that the applicant had negotiated with them and asked if those 13 items are something
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they have agreed to. She stated item #8 is a contribution to an escrow account which is
earmarked for construction of sidewalks and bicycle lanes which is beyond the property
lines. Mr. Backman confirmed that this is correct.
Vice Mayor Petrolia stated if there is a property that was originally
allowed at 12 units per acre why would the applicant come in with the idea that they need
24 units per acre in order to make it profitable. She asked for clarification on this. Mr.
Backman stated this is an upscale luxury rental with very high average household
income. Vice Mayor Petrolia and Mr. Backman briefly discussed the access of the
project and with regard to the access for the F.I.N.D. property, she inquired about the
curve there from where the entrance and exit is. Vice Mayor Petrolia stated if this is
going to be closing off and making it separate will it just go down one side of that
property. Mr. Backman stated they are still working out the details of it and in terms of
access and turning movements, their engineers have confirmed that their trucks will be
able to work their way through the site. Mr. Backman stated they are going to be
donating $150,000.00 towards the purchase of an additional trolley and contributing
annually to some operating expenses as well.
Mayor Glickstein stated his request for a more desirable lower density was
not just an arbitrary number he was hoping that if the number was dropped the number 2
or 3 units per acre, we would be better able to transition from Kokomo Key which is two -
story to a three -story product. In addition, Mayor Glickstein stated it might enable some
site plan flexibility to turn those buildings in the same orientation as Kokomo Key which
is a north/south orientation as opposed to perpendicular. Mayor Glickstein stated it is
much more visibly intrusive to the neighboring community than had been if you were
able to lower the number and re- orient those buildings (i.e. 3 -story or in a north/south
direction). In his opinion, Mayor Glickstein stated the S.A.F.E. contributions are
interesting but not dispositive. He stated it is not just the trolley but the maintenance and
operations of the trolley. Mayor Glickstein stated this Commission is not thrilled with
the trolley system that we currently have in a very compact and populated area. He
commends the members of S.A.F.E. for taking the initiative in this area and the people
that are physically impacted by the project do not view that as meaningful. Mayor
Glickstein stated while it is factually true that owners have a more vested interest than
renters would suggest that a project close to this size if it were a condominium might be
more difficult to control some of the nuisance type things; a condominium association
that is constrained on how they can act, more so than an institutional landlord that has
very much a vested interest in making sure that the expectations of the residents of that
community are met. He stated the City has to look at alternative forms of housing to deal
with demographic demands that are coming. Mayor Glickstem stated he would like to
see this area redeveloped, but he is not comfortable with the density of 24 acres per unit.
Mayor Glickstein stated one of the examples cited was a rental project that
was equal distance from Atlantic Avenue to the south as this project is to the north that
was able to make the numbers work on a lesser density and they have very similar traffic
issues as this project did.
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Vice Mayor Petrolia concurs with comments expressed by Mayor
Glickstein that they should be able to do this with less density.
Mr. Frankel moved to approve Ordinance No. 7 -14 on Second and Final
Reading to allow an increase in density to a maximum of 21 units per acre, seconded by
Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Frankel Yes;
Deputy Vice Mayor Jarjura — No; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes;
Mr. Jacquet — Yes. Said motion passed with a 4 to I vote, Deputy Vice Mayor Jarjura
dissenting.
103. ORDINANCE NO. 08 -14 SECOND READING /SECOND PUBLIC
HEARINGS Consider privately - initiated amendments to the Land Development
Regulations (LDR) Sections 4.4.9, "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(0)(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. (Quasi- Judicial Hearing)
office.)
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
A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No, 08 -14 is on file in the City Clerk's
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A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
The Interim City Attorney stated in light of the change to the density units
per acre from the original request of 24 units to 21 units, the text amendment would need
to comport with the recent change to the Comprehensive Plan. The Interim City Attorney
requested whether or not the applicant would like staff to proceed in light of the motion
for Ordinance No. 7 -14.
The applicant asked if they cannot move forward on this item this evening
and potentially bring it back in two (2) weeks. With regard to the text amendment at this
point, they could postpone that and decide whether or not they would like to go forward
with it. The Interim City Attorney stated the Comprehensive Plan Amendment would
stand regardless of this project or some other project that approval moves forward at 21
units per acre.
Brief discussion by the Interim City Attorney and the City Commission
followed.
The Interim City Attorney stated the Commission can either proceed with
the text amendment based on the recent change to the Comprehensive Plan at 21 units per
acre or postpone it in which case the Commission would still have to address the text
amendment because of the fact that they recently changed the Comprehensive Plan
requirements; however, it may be that the parties are not the same.
Mr. Frankel moved to reconsider Item 10.A., Ordinance No. 07 -14,
seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as
follows: Deputy Vice Mayor Jar ura — Yes; Mayor Glickstein — Yes; Vice Mayor
Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0
vote.
The Interim City Attorney stated the item will be voted on at the next
meeting, but for purposes of the public staff will state that this item has been deferred to
the July 1, 2014 regular meeting.
Mr. Frankel moved to defer Item 10.B., Ordinance No. 08 -14 to the July 1,
2014 regular City Commission meeting, 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.
10.C. ORDINANCE NO. 09 -14 (FIRST READINGIFIRST 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
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Historic Arts District (OSSHAD) zoning district that can be developed pursuant to the
development standards and uses of the CBD (Central Business District) zoning district. If
passed, a public hearing will be held on July 1, 2014. (Quasi - Judicial Hearing)
The caption of Ordinance No. 09 -14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 4.4.24, "OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT
(OSSHAD) ", SUBSECTION 4.4.24(B), "PRINCIPAL
USES AND STRUCTURES" TO INCLUDE
ADDITIONAL PROPERTIES THAT ARE ALLOWED
THE PERMITTED USES OF THE CBD ZONING
DISTRICT; AMENDING SECTION 4.4.24, "OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT
(OSSHAD) ", SUBSECTION 4.4.24(C), "ACCESSORY
USES AND STRUCTURES PERMITTED" TO INCLUDE
ADDITIONAL PROPERTIES THAT ARE ALLOWED
THE ACCESSORY USES OF THE CBD ZONING
DISTRICT; AMENDING SUBSECTION 4.4.24(F),
"DEVELOPMENT STANDARDS ", TO INCLUDE
ADDITIONAL PROPERTIES IN THE OSSHAD
DISTRICT THAT ARE SUBJECT TO THE
STANDARDS OF THE CBD ZONING DISTRICT;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 09 -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 read the City of Delray Beach Quasi - Judicial rules into
the record for this item and all subsequent Quasi - Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mr. Frankel stated he met with Mr. Michael, Mr. Knight, and there were
numerous emails on the City's server. Deputy Vice Mayor Ja&ra stated she heard this
item while serving on the Planning and Zoning Board (February or March 2014). In
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06/17/14
addition, Deputy Vice Mayor Jarjura stated she has received numerous emails from
residents on either side since that time, she met with the developer on the day she had the
Planning and Zoning Board meeting and subsequent to that one other time. Mayor
Glickstein stated he has received emails which are on the City's server; no meeting or
communications; Mayor Glickstein stated he received a telephone call from someone
associated with the applicant today regarding certain staff conduct which will be
discussed at a later date. Vice Mayor Petrolia stated she met with Hudson Holdings and
has emails as well. Mr. Jacquet stated he spoke with the applicant's team (includes the
architect and the developer).
Mark McDonnell, AICP, Assistant Director of Planning and Zoning,
entered the Planning and Zoning Department project file #2014 -165 into the record.
Mr. McDonnell introduced Amy Alvarez, Historic Preservation Planner
and the new Planning and Zoning Director Dana Little.
Mr. McDonnell stated the proposal is to extend the CBD (Central Business
District) Overlay currently zoned OSSHAD properties in the south section of the
OSSHAD zoning district. Mr. McDonnell stated this will allow principal uses and
accessory uses that are currently allowed in the CBD to also be allowed in this Overlay
District; the conditional uses in the CBD are not allowed. The maximum residential
intensity development that is currently allowed in the OSSHAD is only a duplex whereas
the CBD Overlay is included within multi - family residential development. Mr.
McDonnell stated the CBD allows 30 dwelling units per, acre; the density would increase
by nearly five (5) times what is presently permitted if the Overlay is extended, which is
12 units if one duplex were constructed on each of the subject properties (56 units versus
12 units). Mr. McDonnell stated the height is currently 35 feet and the amendment would
allow up to 48 feet. He stated there are significant setbacks in the OSSHAD (front and
rear setbacks); in the CBD you can build out almost to the property line so you would end
up with substantial increase and allowable building height as well as the scale and mass.
Staff s opinion is that it is greatly impacting the historic district. Mr. McDonnell stated
in 2000 the CBD Overlay was extended north of the east/west alley which involved three
(3) properties and they have since been developed with a surface parking lot; the
Federspiel City Parking Garage as well as the Royal Atlantic a mixed use development.
Mr. McDonnell stated at that hearing it was on the record that the action was to not be
precedent setting and the primary purpose was that it be a garage. He stated this
amendment would not promote complimentary development in the historic district. The
Comp Plan requires the preservation of historic resources through the redevelopment of
land and buildings. Mr. McDonnell stated the OSSHAD is low intensity mixed use
district that allows for single family residential, professional offices, and boutiques. Mr.
McDonnell stated the amendment is consistent with and furthers the goals, objectives,
and policies of the Comprehensive Plan cannot be made. Therefore, Mr. McDonnell
stated staff does not support this amendment. The Community Redevelopment Agency
(CRA) supported it with a 3 to 2 vote; the Historic Preservation Board (1 PB) supported it
on a 4 to 1 vote; the Planning and Zoning Board made a recommendation for approval
but it failed on a 2 to 3 vote.
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06/17/14
Rick Gonzales, President of REG Architects, President of the Florida
Trust for Historic Preservation Vice Chairman for the Florida Historical
Commission, Architect for the Florida National Register and he sits on two boards
for the University of Florida, stated he advocates for historic districts and noted the
north side of Atlantic Avenue is very healthy and thriving but the south side has declined
because of neglect and hopes the city will consider to encourage the south side to become
more like the north side. Mr. Gonzales stated this week the City and the Marina District
became a National Register District and for receiving the Nolen Award. He
congratulated the City for these accomplishments. Mr. Gonzales stated prior approvals
(i.e. the garage) should not be an issue in terms of looking at this facility to the south.
Mr. Gonzales stated when the OSSHAD was installed in 1990 with the CBD it made
sense because the idea was to make Atlantic Avenue continuous CBD all the way
through. He stated most of the houses are either one -story with a few two- story; in the
City's Code with regard to the OSSHAD it states 35 feet is the maximum height (three -
story building) and noted there are no three -story buildings in this historic district. Mr.
Gonzales stated the applicant is asking for four - stories and there are five- stories on the
other side of the street. Mr. Gonzales stated this will accelerate the decline of the historic
district and will eventually be replaced with redevelopment that may or may not be
compatible with what is left of the historic district.
John Szerdi, Architect for the Applicant as well as an Architect that
has been involved with this property for over 15 years with Mr. Worrell from a past
approval of a plan for this project in 2007, 217 S. Palmway, Lake Worth, FL 334601
stated Overlay Districts are planning tools that the City uses to tweak the land use plan to
make the zoning relationships better as like the north end. Mr. Szerdi stated they are
looking at this request for a hotel to use at the south end. He stated from the City's CBD
Master Plan Central Core the purpose of boundaries is to define not to isolate. Mr. Szerdi
stated according to the 2002 Downtown Delray Beach Master Plan "all zoning district
boundaries should be along alleys." He stated the southeast part of OSSHAD is not
stimulated with quality improvements and some of the properties have suffered
haphazard additions over the years. Mr. Szerdi stated their plan going westward has
approximately 40 units and back in 2007 there was 57 because they feel there is more
need for retail and office at this time. Mr. Szerdi stated this project could be a bridge to
the West Atlantic Avenue Corridor and it will also help create stimulation for the south
side of OSSHAD.
Wes Blackman, 241 Columbia Drive, Lake Worth, FL 33460
(Historic Preservation Planner for a practice in Lake Worth, 30 year degree related
to historic preservation planning), stated this request is mirroring what is happening on
the north end. Mr. Blackman stated the Historic Preservation Board recommended
approval with a 4 to 1 vote at a quasi-judicial hearing on February 19, 2014 and the
Board found that the text amendment and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in the Land Development
Regulations. Mr. Blackman stated he received an email from this organization who
claimed that this request would demolish or inappropriately remove 80% of the historic
buildings in the Old School Square Historic District and he feels that is misleading. He
stated the district extends over a large area north and south of Atlantic Avenue and
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06/17/14
contains 139 structures; 80% 111 structures and this proposal includes less than five (5)
structures. Mr. Blackman stated it also said that it would set a precedent to potentially
destroy every historic district in Delray Beach and feels it is irresponsible. Mr. Blackman
stated this information is what they gathered from the Delray Beach Preservation Trust's
website and their advisory board is Amy Alvarez, Historic Preservation Planner for
Delray Beach.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of Ordinance No. 09 -14, to step forward at this time.
John Miller 1502 Fenton Drive, Delray Beach, FL 33445, (currently
on the Historic Preservation Board ), stated he was the dissenting vote at that meeting a
couple of months ago. Mr. Miller stated he is not against the redevelopment of this area;
however, allowing CBD rules into this area without knowing what is going to go in sets a
bad precedent for the rest of the area.
Bill Branning, 9 N.E. 2nd Street, Delray Beach, FL 33444, stated this
proposal creates a lot of opportunity for the downtown. He stated it was a mistake
originally to have the CBD stop on the street frontage because if nothing is done the row
of houses will be across the street from a 4 -story building. In his opinion, Mr. Branning
stated the Hyatt enhanced the property values and he supports the project.
Carolyn Patton, 1020 Tamarind Road and also owns property at 73
Palm Square in the Marine Historic District (currently serves as President of the
Marina Historic District Homeowners' Association and as a Board member of the
Delray Beach Preservation Trust ), stated between the eight (8) houses between Atlantic
Avenue and the Sunday House they want to move or demolish 87.5% of those buildings.
Mrs. Patton stated in the parcel in front of the Commission this evening they want to
move 100% of the contributing buildings out of that parcel. She stated this does not meet
the City's LDR's, the City's Comprehensive Plan, and Compatibility in the historic
district. Mrs. Patton entered into the record the Secretary of Interior Standards for
Rehabilitation and noted there are three (3) articles that disapprove of moving historic
buildings on site or off site. Mrs. Patton stated she believes there is substantial competent
evidence to deny this request. She commented that this sets a drastic precedent for all of
the historic districts in Delray Beach in the past 15 years regarding preservation and
residents have brought 3 additional historic districts to the City Commission for approval.
All were voted down by the City Commission and they commented that they would
protect the five (5) historic districts. Mrs. Patton urged the City Commission to protect
the historic districts.
John Putnam, 1315 Sabal Lakes Road, Delray Beach, FL 33445
(Senior Warden of St. Paul's Episcopal Church), stated St. Paul's Episcopal Church
was the first church in Delray Beach built in 1904 and has been an anchor to this
neighborhood for more than 100 years. Mr. Putnam stated they once owned the property
that is now the site of the Dunkin Conference Center on Military Trail and had the
opportunity twenty (20) years ago to move the church there but they chose not to. He
stated the church has provided a lot of support to the neighborhood with a pre - school that
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06/17/14
is 50 years old, Paul's Place which is a tutoring program for community kids and a
number of kids have graduated from college that have gone through this program. Mr.
Putnam stated they provide assistance to the Haitian community and school in Haiti with
teachers, nurses, meals, and medical assistance. Mr. Putnam stated they do not want to
be excluded from the decision of this and noted that the church maintains its position and
supports the neighborhood.
Alicia Burncran representing her boss who is the property owner at
123 South Swinton Avenue, Delray Beach who could not be present this eve
small marketing firm representing the Aerospace Indust expressed concern over
her safety and stated while she walks down the street she has to have her colleague assist
her because remarks are being made to her from individuals from the rehabs that make
her feel very uncomfortable. She supports a change for the entire area of Swinton
Avenue.
Donna Sloan, 106 S.E. 7th Avenue, Delray Beach, FL 33483 (Board
member of the Delray Beach Preservation Trust ), opposes expanding CBD zoning
designation into the Old School Square Historic District or any other historic district.
Ms. Sloan stated the five (5) historic districts and their structures are critical components
of the city's history and legacy, their existing plans, urban layout, and historic fabric are
part in parcel of the downtown and its success especially OSSHAD. She stated she is not
opposed.to development in the downtown; however, she feels in any development project
that the onus is on the developer to make his project work within the existing LDRs. Ms.
Sloan stated there is plenty of property in the downtown that is outside of the five (5)
districts where LDR changes regarding height, density, and zoning would be more
palatable.
Jean Duponte, 24 Marine W#Y, Delrav Beach FL 33483 stated it is
vital for Delray Beach to maintain the integrity of the districts. Ms. Duponte urged the
Commission to not approve the LDR amendment expanding the CBD Overlay into the
OSSHAD zoning district and it could potentially have a negative effect on every district.
She stated the proposal does not meet the goals of the Comprehensive Plan regarding the
historic districts and it does not enhance existing quality of life. Ms. Duponte stated to
protect the historic districts we need to adhere to the LDRs and the City's historic
preservation ordinance.
Linda Oxford, 148 Coconut Road, Delray Beach, FL 33444 (resident
for 66 years ), commented about regulations in place when the LDRs can be adjusted,
amended, or completely ignored. Ms. Oxford stated developers buy property and then it
sits in disrepair and she feels that is what is happening with this property. She urged the
Commission to reject this development and keep the small town atmosphere alive and
keep the historic areas intact.
Rhonda Sexton, 2439 S.W. 35th Avenue, Delray Beach, FL 33445
(currently serves on the Delray Beach Preservation Trust and served 8 years on the
Delray Beach Historic Preservation Board ), stated she was on the Board when the
Parking Garage was approved and the Board was guaranteed at that time that it would not
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06/17/14
set a precedent with the CBD Overlay. Ms. Sexton stated Mr. Worrell has owned
numerous parcels on the south side; on the north side they have been individually owned
and now has allowed for individuals to redevelop property by property and that is why it
has been very successful. She asked the Commission to consider the. many people prior
to the current Commission that have spent numerous hours and the City's money getting
professionals to help assist in setting up the LDRs and the historic guidelines that we
work with every day and urged the Commission to make sure that Delray Beach does not
become a victim of its own success.
Joanne Peart, 107 N.W. 9th Street, Delray Beach, FL 33444 (Delrr
Beach Preservation Trust), stated the Historic Preservation Board (HPB) voted for this
project and although they are very talented and educated in their fields, none of them
have a background in historic Preservation which she feels is needed. Ms. Peart read a
brief statement into the record and feels we must encourage the ownership and
development throughout the entire district that is consistent with the goals of the
Comprehensive Plan and the criteria set forth by the LDRs. She urged the Commission
to vote in favor of staff s recommendation to deny Ordinance No. 9 -14.
Jim Knight, 10 S.E. 1" Avenue, Delrav Beach, FL 33444 stated the
Historic Preservation Trust had a meeting with one of the Trust members where everyone
met and event over the initial plan and they had some recommendations and made some
changes to that. Mr. Knight stated the Preservation Trust made some changes to that and
had a follow -up meeting at the Sundy House. Mr. Knight stated at that meeting it
appeared that they came to some solutions that the Historic Preservation Board wanted a
couple of the homes pulled out to the street and not moved to create a little historic
village. He stated the historic village is a great idea and feels they can accommodate
what the Historic Preservation Trust is looking for. Mr. Knight distributed a newspaper
article dated June 12, 2014 which talks about the ten (10) best cities to live and work in in
Florida and Delray Beach is #7 on the list. He stated some of the things that are missing
are office space, additional hotels, etc. Mr. Knight stated one of the other things in the
criteria is the crime and per the crime statistics from the City's website the majority of the
crimes that are happening are south of Atlantic and west coming from 2nd out into west of
Atlantic Avenue. He stated this project is going to connect East Atlantic to West Atlantic
Avenue. Mr. Knight entered into the record emails from property owners who live in this
area and most people do not walk that area at night because it is dark, blighted, and it is
in need of redevelopment. He would like to see the Historic Preservation Trust and the
developer work together.
Ana Maria Aponte, Certified with the American Institute of Certified
Planners and a member of the Historic Preservation Board, stated she was not
present at the meeting when this was presented and stated she concurs with comments
expressed by Mr. Gonzales but she does not feel the CBD regulation is the answer. She
suggested that the City Commission request the applicant to do some studies of what can
be done on those properties and analyze what the impact is and the difference between
the OSSHAD regulation and the CBD. In addition, she encouraged the City to protect
the historic importance of Swinton Avenue.
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06/17/14
Leslie Callaway, 75 N.E. 5th Avenue Unit R, Delray Beach, FL 33483,
Co- President of the Delray Beach Historical Society, read a statement into the record
and briefly spoke about why the historic districts are so important, how they enrich the
community, and why are they significant to the cultural climate. Ms. Callaway stated
historic districts showcase the importance of preservation and community history. She
stated historic districts can illustrate the role of preservation in making cities more
sustainable not just environmentally but historically, socially, and economically. Ms.
Callaway stated the first historic district in the United States was established in
Charleston, South Carolina in 1931 and several years later many historic districts started
to follow suite including the old French Quarter in New Orleans (the country's second
historic district). Ms. Callaway stated the first church, the first schoolhouse, and the
beginnings of the first library, the first Mayor, and the first residential neighborhood all
took place on Swinton Avenue and is the essence of a historic district.
Virginia Snyder, 200 South Swinton Avenue, Delray Beach, FL 33444
(lived at 38 South Swinton for 35 years and where she is now since 20_06 ), corrected
Ms. Callaway and stated the first church and the first school were founded by black
settlers. Ms. Snyder stated the home at 38 South Swinton Avenue has been used in 2 -3
movies and she was the inspiration for "Murder She Wrote ". Ms. Snyder stated she is
very interested in history and incorporating as much history as possible. She stated she
would like to see a compromise with what Hudson Holdings wants to do with the Worrell
property but still maintain the history that is there so that no one forgets the history and
so everyone can talk about it.
Robert Ganger, 1443 North Ocean Boulevard, Delray Beach, FL
33483 stated the OSSHAD area is an eyesore, urged the Commission to maintain the
integrity of the historic districts because he feels it is critical to the future of this city. Mr.
Ganger urged the Commission not to make a unilateral decision to change the LDRs
because it is timely for a developer who has some plans that he wants to execute and that
the Commission commits to making OSSHAD the best it can possibly be.
Claudia Willis 160 Marine Way, Delray Beach FL 33483 asked the
Assistant City Attorney to look into the proper protocol when the CRA board takes a re-
vote.
Secondly, Ms. Willis stated the Commission must make positive findings
to support the depletion of a part of the historic district and the staff report indicates that
this request would be detrimental to this district and set a precedent that will threaten all
districts. She stated Ordinance No. 13 -87 establishing OSSHAD sets the City's goals for
the perpetuation of the districts and is about preserving our unique and irreplaceable
assets and contrary to any requests to deplete the district. She urged the Commission to
not approve this request.
Ann Margo Peart (Cannon), 1015 Ingraham Avenue, Delray Beach,
FL 33483 (member of the Board of Governor's of the Historical Society of Palm
Beach Countv), read a letter into the record written by the organizations President and
Chief Executive Officer (CEO) requesting the Commission to preserve the LDRs.
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There being no one else from the public who wished to address the
Commission regarding Ordinance No. 09 -14, the public hearing was closed.
Mr. McDonnell stated he has no cross - examination.
At this point, the applicant cross - examined Mr. Gonzales.
The Interim City Attorney stated Historic Preservation Planner Amy
Alvarez could not be cross - examined because she did not testify.
Mr. McDonnell stated he had no rebuttal.
Mr. Gonzales gave a brief rebuttal.
The applicant briefly spoke about the project.
Mr. Jacquet stated he has lived in that area since 1989 and noted that in the
area south of Swinton Avenue there is a population that lives there that has been
neglected forever. Mr. Jacquet stated he respects everything that has been said and
agrees that the OSSHAD needs to be protected along with all the historic districts.
He briefly spoke about when he was on the Planning and Zoning Board and the whole
identification of that area came to be (i.e. SOFA) so that it could be like Pineapple Grove.
Vice Mayor Petrolia asked if the Hyatt is in the OSSHAD. Mr.
McDonnell stated the Hyatt is not in the OSSHAD.
Deputy Vice Mayor Jar ura stated she voted for the denial of this when it
went before the Planning and Zoning Board and asked the attorney who was present at
the time whether or not they would be willing to meet with the historic district. The
comments raised by the historic preservation activists in the community were that they
did not know about it. Deputy Vice Mayor Jarjura stated she thought this would be a
better way to produce a better project for the city overall and asked since the Planning
and Zoning Board meeting if they have reached out to the people regarding their
[�Tii "i19410i10
Steve Michael Hudson Holdings, stated prior to the meeting they
reached out to the Historic Preservation Trust and they presented an overall conceptual
idea that they wanted to present beyond the text amendment. Mr. Michael stated they
also met at the Sundy House and debated back and forth and seemingly came to a
conclusion and to an agreement.
Deputy Vice Mayor Ja&ra stated she thought that changes had been made
to the request since it came before the Planning and Zoning Board until now. She stated
it is the same parcels and asked if that has changed. Mr. Michael stated the southernmost
lot that has a structure on it next to the open lot could be reduced from the extension.
Deputy Vice Mayor Jarjura asked what the current uses and conditions of the properties
in question. Mr. McDonnell stated there is single family homes and rental multi- family
on the west side of S.E. I" Avenue (residential). She stated she met with the residents
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06/17/14
and the businesses in the area and citywide there are concerns about transient population
houses and asked if this is what the current use of these homes are. Mr. McDonnell
stated the house on the northwest corner of S.E. 1" Street and S.E. 1St Avenue. She asked
why with regard to the alley is there the lack of consistency all the way through. In
response, Mr. McDonnell stated staff felt as though the cast/west alley would be an
appropriate transition to keep the Overlay District to the north of that and to the south of
that to transition back into the OSSHAD. Deputy Vice Mayor Jarjura asked the Interim
City Attorney about the CRA vote. The Interim City Attorney stated she was not able to
connect with the CRA attorney David Tolces; however, the telephone message that was
relayed to her was that there was new information so the CRA voted to reconsider;
therefore, on the second hearing they changed their mind and she does not know what the
new information was. Deputy Vice Mayor Jarjura stated from the residents and
businesses she spoke to in this area there are safety concerns and we have not seen the
economic growth of this area as like north of Atlantic Avenue. In addition, Deputy Vice
Mayor Jarjura stated the current conditions of these parcels are also compelling to
support and further the economic development of this area and concurs with
Commissioner Jacquet's comments.
Mr. Frankel asked if someone in the Planning and Zoning Department
hired Mr. Gonzales and feels the City Commission should have been consulted prior to
this being done. Mr. McDonnell stated it may be out of the ordinary but it is not
unprecedented or unusual. Mr. McDonnell stated the City has used expert witnesses on a
number of cases. In the past, Mr. McDonnell stated staff felt they were doing the right
thing by having an expert witness by help support the staff in this matter. Mr. Frankel
stated if this passes would that business on S.E. 1St Street and the S.E. 1st Avenue be
replaced with a different type of operation. Mr. Michael stated the house on the
northwest would be replaced. Mr. Frankel stated he too is familiar with this area as his
office was located at 19 South Swinton for three (3) years and he saw individuals walking
daily in that area so he understands why there would be safety concerns. Mr. Frankel
stated he appreciates Ms. Snyder's comments and concurs with comments expressed by
Commissioner Jacquet and Deputy Vice Mayor Jarjura.
Mayor Glickstein stated he received a lot of emails and read into the
record one "Districts are not about one owner, one home, or one market downturn or
upswing. They are about many homes each supporting the other and many generations of
owners. A district needs to support all of the houses that follow the same rules they are
offered years before us and hopefully a hundred years after us." He stated the basis for
historic districts is that they will remain historic in perpetuity and there are reasons why
that area is blighted and reasons why the area north of there are not. Mayor Glickstein
stated the fact that this has been in singular ownership is a big reason why we have the
condition the way we have. He stated the uses we have that are now in the conditions of
the property are not a function of zoning but are a function of ownership and feels with
responsible ownership there is responsible occupancy, upkeep and maintenance. He
stated you drive preservation with responsible preservation laws and only allow
responsible development as a consequence of a byproduct of the framework that you put
in place. Mayor Glickstein stated he agrees with the staff report and does not support
changing the historic districts.
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06/17/14
Dana Little, Director of Planning and Zoning, stated he agrees that you
should change zoning districts from mid -block to mid - block. Mr. Little stated he
supports this and explained he is a Historic Board member for West Palm Beach and
lives in a historic district. Mr. Little stated historic preservation does two (2) things; one
is the preservation and the restoration of existing contributing structures (i.e. historic
homes) or it is the regulations that are in place so whatever new infill comes in is
consistent and compatible with the scale and the character of what is there. Mr. Little
stated there needs to be redevelopment there but it is a question of how much. Mr. Little
stated he supports staff s recommendation.
Mayor Glickstein stated he does have the foresight to know what is today
or next week the best use within that historic district. However, Mayor Glickstein stated
if we lose the district there will be more intense development which is not what the
district was established for people who sat on the dais in the past who worked very hard
to establish these districts. He commented about the expert witness and encouraged the
use and feels it may help the public understand why a particular development or
application may be better.
Vice Mayor Petrolia stated the Hyatt is not in the OS SHAD; a piece of the
OSS14AD was made into a parking lot.
Mr. Jacquet stated the demographics are completely different in this area
and reiterated that he supports the changes to the area.
Deputy Vice Mayor Jarjura clarified that she does not have an issue with
the engaging of an expert but because she did not get to see the report until tonight
because it was not part of the backup until tonight and the public or the applicant did not
get to see the report. She stated what was compelling to her was the HPB's vote and in
her opinion looking at the dynamic she feels it still would have been approved 4 -2.
Deputy Vice Mayor Jarjura stated for a developer to go before the HPB and get an
approval is highly unique.
Mr. Jacquet stated the applicant is willing to make a change; however, he
would like to know specifics of where that line is.
Mr. Frankel moved to approve Ordinance No. 9 -14.
At this point, Mr. Frankel withdrew his motion.
Mr. Jacquet moved to approve Ordinance No. 09 -14 on First Reading/First
Public Hearing, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Vice Mayor Petrolia — No; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice
Mayor Jarjura — Yes; Mayor Glickstein — No. Said motion passed with a 3 to 2 vote,
Vice Mayor Petrolia and Mayor Glickstein dissenting.
10.D. ORDINANCE NO. 01 -14: Consider a privately- initiated Future Land
Use Map 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
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06/17/14
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.
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,
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. A public
hearing was held having been legally advertised in compliance with the laws of the State
of Florida and the Charter of the City of Delray Beach, Florida.
Mark McDonnell, AICP, Assistant Director of Planning and Zoning,
entered the Planning and Zoning Department project file 42014 -034 into the record.
Mr. McDonnell stated this item is for the Commission to consider a
privately - initiated Future Land Use Map Amendment for Seagate Country Club Villas
which includes three undeveloped parcels of land; Parcels 3 and 4 would go from Open
Space to LD (Low Density) Residential and Parcel 8, from LD (Low Density) Residential
to OS (Open Space). Mr. McDonnell stated this is located on the north side of
Greensward Lane. He stated this was approved by the City Commission on first reading
on June 3, 2014 and it is now before them for second and final reading.
Mayor Glickstein declared the public hearing open.
Mitchell Schultz, 957 Greensward Lane, Delray Beach, FL 33445
(resident at the Seagate at the Hamlet stated he is about a block from the new
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06/17/14
proposed buildings that are going to be constructed. He stated the Seagate has added
additional value by restoring the golf course and has been maintaining the ground
satisfactorily. Mr. Schultz stated he feels this is a benefit overall to the community.
Pamela Atkinson, 900 Greensward Lane #205, Delray Beach, FL
33445, !Former President of the Condo Association and Former Treasurer of the
Hamlet Residents Association for S ears stated this is a real improvement to the
community and she supports it.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 01 -14, the public hearing was closed.
Mr_ Frankel moved to adopt Ordinance No. 0 -14 on Second and FINAL
Reading, seconded by Vice Mayor Petrolia. 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.
At this point, Mayor Glickstein stated in the future on the agendas he
requested that staff note for the City Commission that this is a second reading.
10.E. 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 -1 -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. (Quasi - Judicial Hearing)
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
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06/17/14
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. 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. Mr. Frankel and Mr. Jacquet stated they had no ex parte
communications. Deputy Vice Mayor Jarjura stated this subject came before her at the
January meeting of the Planning and Zoning Board. Vice Mayor Petrolia stated she had
no ex parte communications. Mayor Glickstein stated he had no ex parte
communications.
Mark McDonnell, AICP, Assistant Director of Planning and Zoning,
entered the Planning and Zoning project file #2014 -027 into the record.
Mr. McDonnell stated this is the same property the Commission saw in the
previous item for the FLUM Amendment but this is the corresponding rezoning. Mr.
McDonnell stated this was reviewed and approved by the Commission on first reading on
June 3, 2014 and it is now before the Commission for second reading.
The individual representing Seagate Country Club Villas stated he is
present for any questions the Commission may have.
Mayor Glickstein declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 12-14,
the public hearing was closed.
Mr. Jacquet moved to adopt Ordinance No. 12 -14 on Second and FINAL
Reading, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as
follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein Yes;
Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 10:07 p.m., the Commission moved to Item
7, Agenda Approval.
7. AGENDA APPROVAL.
Staff requested that Item 8.0., Quit Claim Deed/Communi
Redevelopment Aliency (CRA) be postponed.
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06/17/14
Vice Mayor Petrolia requested that Item 8.D., Resolution No. 25 -14 and
Item 8.D.1., Acceptance of a Water Easement Deed /S.W. 7th Avenue. In addition,
Vice Mayor Petrolia requested that Item 11.A., Ordinance No. 2914 be moved up on
the Agenda after Public Hearings.
Mr. Jacquet moved to approve the Consent Agenda as amended, 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.
8. CONSENT AGENDA: City Manager Recormnends Approval.
B.A. FINAL SUBDIVISION PLAT APPROVAL/SEAGATE YACHT
CLUB: Approve a final plat for Seagate Yacht Club that includes a 5,221 sq. ft. yacht
club building with a 44 slip marina and ten (10) townhouse units located at 110
MacFarlane Drive.
S.B. ACCEPTANCE OF A WATER EASEMENT DEED/1400 SOUTH
FEDERAL HIGHWAY: Approve and accept a water easement deed from Linton
Delray, LLC. for the property located at 1400 South Federal Highway.
8.C. HOLD HARMLESS AGREEMENT /SUNTRUST BANK: Approve a
Hold Harmless Agreement with SunTrust Bank to allow the construction of a 26 LF PVC
sanitary sewer service line that will connect to an existing sanitary service lateral and
cleanout within the State's right -of -way for the property located at 1800 South Federal
Highway.
8.D. RESOLUTION NO. 25 -14: Approve Resolution No. 25 -14;
abandonment of a 50' wide by 140.72' long portion of S.W. 2"d Avenue, lying south of
S.W. 7' Street within the Nichols First Addition and Nichols Second Addition Plats.
The caption of Resolution No. 25 -14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A PORTION OF THE SW 2ND
AVENUE ROAD RIGHT -OF -WAY, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT
RESERVING AND RETAINING TO THE CITY A
GENERAL UTILITY EASEMENT FOR PUBLIC AND
PRIVATE UTILITIES OVER A PORTION OF THE
ABANDONMENT AREA, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING A REVERTER
CLAUSE AND AN EFFECTIVE DATE.
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06/17/14
(The official copy of Resolution No. 25 -14 is on file in the City Clerk's
office.)
8.D.1. ACCEPTANCE OF A WATER EASEMENT DEED /S.W. 7TH
AVENUE: Approve and accept a 12' wide Water Easement Deed between the City and
Beverley and Edward L. Forbes to accommodate an existing water main located on the
western side of the road right -of -way for the property located at 206 S.W. 7' Avenue.
8.E. SERVICE AUTHORIZATION NO. 12- 041WANTMAN GROUP
INC: Approve Service Authorization No. 12 -04 with Wantman Group, Inc. in the
amount of $6,050.00 for professional design services (RFQ 92012 -07) related to the
Alley Drainage Improvements Project No. 11 -113. This recommendation is in
compliance with Ordinance No. 29 -13, Section 36.02(C)(3), "Methods of Acquisition:
Direct Acquisition Method, Professional Services" and Section 36.06(A), "Change
Orders: City Commission Contracts, Within the Scope of Work ". Funding is available
from 448 -5461 -538 -68.82 (Storm Water Utility Fund: Other Improvement/Alley
Drainage Improvement).
8.F. CONTRACT CLOSEOUT CHANGE ORDER NO. 2/FINAL)/ ALL
PHASE ROOFING & CONSTRUCTION/BEACH BEAUTIFICATION MASTER
PLAN GAZEBO: Approve Contract Closeout (C.O. No. 2 /Final) in the amount of
$8,005.60 decrease and final payment in the amount of $13,513.98 to All Phase Roofing
& Construction for completion of the Beach Beautification Master Plan Gazebo (Project
No. 12 -035). This item complies with Section 36.06(A)(1), "Methods of
Acquisition/Competitive Bids ", and 36.06(A)(2) "Within the Scope of Work", of the
City's Purchasing Code. Funding is available from 117 - 4170 -572 -68.83 (Recreation
Impact Fee FD: Other Improvement/Beach Pavilion).
8.G. WORKFORCE HOUSING COVENANT /CITY OF DELRAY
BEACH AND RELATED DEVELOPMENT, LLC. /SOFA BUILDING 1: Approve a
Workforce Housing Covenant, as proposed between the City of Delray Beach and
Related Development, LLC., for SOFA Building 1.
8.H. WORKFORCE HOUSING COVENANT /CITY OF DELRAY
BEACH AND RELATED DEVELOPMENT, LLC. /SOFA BUILDING 2: Approve a
Workforce Housing Covenant, as proposed between the City of Delray Beach and
Related Development, LLC., for SOFA Building 2.
8.I. MODIFICATION NO. 6 TO SUBGRANT AGREEMENT/
NEIGHBORHOOD STABILIZATION PROGRAM SP : Approve Modification
No. 6 to the Neighborhood Stabilization Program (NSP) Subgrant Agreement to extend
the contract date to December 31, 2014.
8.J. PURCHASING ADVERTISEMENT COSTS FOR FY 2014, PALM
BEACH POST: Approval to expend up to a total of $60,000.00 in FY 2014 to Palm
Beach Post for purchasing advertisement costs. The recommendation is in compliance
with Ordinance No. 29 -13, Section 36.03(B), "Multiple Acquisitions from Vendor
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06/17/14
Exceeding $25,000.00 in a Fiscal Year ". Funding is available from multiple departments.
8.K. TEMPORARY STAFFING AGENCY COSTS FOR FY 2014•
MULTIPLE VENDORS: Approval to expend up to a total of $200,000.00 in FY 2014
to multiple temporary staffing agencies used by several City departments to meet short
term needs that arise from resignations and other vacancies or from project requirements
that do not merit hiring full time employees. The recommendation is in compliance with
Ordinance No. 29 -13, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding
$25,000.00 in a Fiscal Year ". Funding is available from multiple departments.
S.L. SCHOOL READINESS CHILD CARE
PROVIDER AGREEMENT/EARLY LEARNING COALITION OF PALM
BEACH COUNTY, INC.: Approve the School Readiness Child Care Provider
Agreement between the City of Delray Beach and the Early Learning Coalition of Palm
Beach County, Inc. to provide subsidized child care funding for the Afterschool Program
located at Pompey Park and the Community Center.
8.M. AFTERSCHOOL PROGRAM PROVIDER AGREEMENT/EARLY
LEARNING COALITION OF PALM BEACH COUNTY, INC.: Approve Continue -
to -Care Afterschool Program Provider Agreement between Early Learning Coalition of
Palm Beach County, Inc. and the City, to continue reimbursable funding through the
Continue to Care - Afterschool Scholarship program for the Afterschool Program located
at Pompey Park and the Community Center.
8.N. GRANT APPLICATIONIEDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG): Approve submission of an application for
funding in the amount of $40,770.00 through the U.S. Department of Justice Edward
Byrne Memorial Justice Assistance Grant (JAG) program which will support the Holiday
Robbery Task Force, which reduces crime during the Holiday season.
8.0. QUIT CLAIM DEED /COMMUNITY REDEVELOPMENT
AGENCY (CRA): Approve a Quit Claim Deed between the City and the Community
Redevelopment Agency (CRA) for two small parcels of land located at the existing
sidewalk on S.E. 4th Avenue adjacent to the old library site and the expanded alley and
parking area on the north side of the old library site, in order for them to be properly
dedicated as public right -of -way.
8.P. PROCLAMATIONS:
1. None
50. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period June 2, 2014 through June 13, 2014.
S.R. AWARD OF BIDS AND CONTRACTS:
1. None
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06/17/14
Vice Mayor Petrolia moved to approve the Consent Agenda as amended,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor
Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy
Vice Mayor Jarjura — Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 10:09 p.m., the Commission moved to Item
10.F., Ordinance No. 17 -14.
10.F. ORDINANCE NO. 17 -14: Consider a 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.
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.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Glickstein declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 17 -14,
the public hearing was closed.
Vice Mayor Petrolia moved to adopt Ordinance No. 17 -14 on Second and
FINAL Reading, seconded by Deputy Vice Mayor Jarjura. Upon roll call the
Commission voted as follows: Vice Mayor Petrolia Yes; Mr. Jacquet No; Mr.
Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein -- Yes. Said motion
passed with a 5 to 0 vote.
10.G. ORDINANCE NO. 1$44: Consider an amendment to Chapter 110,
"Local Business Taxes Generally ", of the Code of Ordinances 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.
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06/17/14
The caption of Ordinance No. 18 -14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 110, "LOCAL BUSINESS
TAXES GENERALLY ", OF THE CODE OF
ORDINANCES 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; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 18 -14 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Lula Butler, Director of Community Improvement, stated this ordinance
was passed on first reading and was advertised. The timing of the ordinance is
coordinated with the annual renewal of the Business Tax Receipts which are required to
be sent out by July 1, 2014 according to Florida State Statutes Chapter 205. Staff
recommends approval.
Mayor Glickstein declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 18 -14,
the public hearing was closed.
Mr. Frankel stated with regard to the City's publications he feels the Sun -
Sentinel covers the City of Delray Beach more and believes there is more leadership is
down there. Mr. Frankel suggested that the City look into publishing in the Sun - Sentinel
versus the Palm Beach Post which does not have a reporter present and believes they do
not cover the same area.
Mr. Jacquet stated the Sun - Sentinel is always present at the meetings and
when people are reading about Delray Beach they pick up the Sun - Sentinel.
After brief discussion, it was the consensus of the Commission to direct
the Interim City Manager to look into this and report back to them.
Mr. Frankel moved to adopt Ordinance No. 18 -14 on Second and FINAL
Reading, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as
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06/17/14
follows: Mr. Jacquet — No; Mr. Frankel Yes; Deputy Vice Mayor Jarjura — Yes; Mayor
Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 4 to 1 vote, Mr.
Jacquet dissenting.
10.H. 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 permit fee.
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 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.
Lula Butler, Director of Community Improvement, stated the fee is being
changed from $60.00 per unit to $75.00 per unit. Mrs. Butler stated this will bring in an
additional $100,000.00 this fiscal year. Staff recommends approval.
Mr. Jacquet suggested that the City have a tier system and stated people
with multi - families or apartments should pay more than people with single family homes.
Mr. Jacquet stated single family homes should not change from $60.00 until the City puts
a different price for people with apartments and multi -unit facilities otherwise everyone is
being charged $75.00 but feels this hurts small homeowners.
Mrs. Butler stated what staff discovered from other municipalities is that
they require the business tax receipts for regular apartments and not for single family
homes so staff would like to move in that direction. Mrs. Butler stated staff would like
City Commission to approve increasing the fee from $60.00 to $75.00 per unit now, and
then they will come back to the City Commission adding a new classification within the
City's business tax receipt ordinance to require apartment complexes and duplexes.
Mayor Glickstein declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 20 -14,
the public hearing was closed.
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06/17/14
Mr. Frankel moved to adopt Ordinance No. 20 -14 on Second and FINAL
Reading, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as
follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes;
Vice Mayor Petrolia — Yes; Mr. Jacquet — No. Said motion passed with a 4 to 1 vote, Mr.
Jacquet dissenting.
At this point, the time being 10:17 p.m., the City Commission continued
Public Comments.
6.B.28. Robert Yarnau, Jr., 365 Citrus Tower Boulevard, Clermont, FL,
commended the City Commission for addressing the puppy mill issue and asked that the
City look towards the Veterinarian Medical Associations as well; however, he feels the
current language of the ordinance is where it should be.
6.13.29. _Daniel Rose, 323 N.E. 6th Avenue, Delray Beach, FL 33483, Attorney
for defendant Stacy Aberle in the litigation of Waggs to Riches, stated with these
cases involving ordinances passed by these cities preventing the sale "puppy mill dogs" a
lot of the stores claim they do not sell puppy mill puppies. He stated if they are not
selling these puppy mill dogs and they say they are not selling then why they would be
bothered by the ordinance being passed.
6.11.30. Cathy Hartney, 1315 Park Avenue Boca Raton FL displayed a
PowerPoint video from the ASPCA.
Mayor Glickstein closed the public comment with the exception of the last
presentation.
At this point, the time being 10:18 p.m., the Commission took a brief
break and reconvened at 10:22 p.m.
At this point, the time being 10:26 p.m., the Commission moved to Item
11, First Readings.
11. FIRST READINGS:
11.A. ORDINANCE NO. 29 -14: Consider an amendment to Chapter 91,
"Animals ", by enacting a new Section 91.18, "Retail Sale of Dogs and Cats ", to provide
for regulations regarding dog and cat sales; and amending Chapter 37, "Code
Enforcement ", Section 37.45, "Supplemental Code Enforcement Procedures ", Subsection
(Q), "Civil Penalties" to provide penalties. If passed, a public hearing will be held on July
1, 2014.
The caption of Ordinance No. 29 -14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 91, "ANIMALS ", BY
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ENACTING A NEW SECTION 91.18, "RETAIL SALE
OF DOGS AND CATS" TO PROVIDE FOR
REGULATIONS REGARDING DOG AND CAT SALES;
AND AMENDING CHAPTER 37, "CODE
ENFORCEMENT ", SECTION 37.45, "SUPPLEMENTAL
CODE ENFORCEMENT PROCEDURES ",
SUBSECTION (Q), "CIVIL PENALTIES" TO PROVIDE
PENALTIES; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 29 -14 is on file in the City Clerk's
office.)
The Interim City Attorney read the caption of the ordinance and stated this
proposed ordinance was drafted pursuant to the City Commission request at the April 8,
2014 Workshop meeting. The ordinance defines puppy mills and restricts the retail sales
of dogs and cats obtained from puppy mills within the city. The proposed ordinance
provides that no pet store or individual shall display, sell, trade, deliver, barter, lease,
rent, auction, give away, transfer, offer for sale, or otherwise dispose of dogs or cats
obtained from a puppy mill in the city on or after effective date of this section. The
Interim City Attorney stated it further provides one (1) year for any existing businesses to
comply. Several cities throughout the State of Florida have adopted similar ordinances
including but not limited to Lake Worth, Wellington, Coconut Creek, Parkland, Palmetto
Bay, Lauderdale Lakes, Coral Gables, North Bay Village, Margate, Sunrise, and other
cities.
The Interim City Attorney stated it should be noted that a lawsuit was
recently filed against the City of Sunrise challenging their ordinance, however, it is
different from our proposed ordinance because it has an exception for local "hobby
breeders" and ours does not. A similar lawsuit was also recently filed against the City of
Phoenix, AZ, but their ordinance also had a local "hobby breeder" exception as well.
The Interim City Attorney suggested the following changes to the
ordinance: the reference to "puppy mill" also include "kitten mill" Page 2, Section
91.18(A)(9)(a) and that there be further reference to "A Puppy Mill or Kitten Mill means
a facility where dogs or cats are bred whether licensed by the USDA or not, and where
any two (2) of the following conditions are found to exist." She also suggested that in
Section 91.18(A)(9)(a)((7) that it read: "More than twenty (20) puppies (under the age of
12 weeks) are kept at a single time or more than twenty (20) kittens (under the age of 16
weeks) are kept at a single time; Section 91.18(A)(9)(a)(7) More than eight (8) dogs or
kittens are kept in a single cage or fenced area." Additionally, Section 91.18(C) Page 3
"No pet store retailer or individual located within the City of Delray Beach shall display,
sell, trade, deliver, barter, lease, rent, auction, give away, transfer, offer for sale, or
otherwise dispose of dogs or cats obtained from a puppy mill." The Interim City Attorney
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suggested to remove Item "D" and any reference to exemptions and re -letter Certificate
of Source as "D "; and, page 4 F(1) Adoption of Shelter and Rescue Animals to "E" and
re -letter accordingly as "G ". She stated Section 91.18(F)(1) Adoption of Shelter and
Rescue Animals should remain: "Nothing in this section shall prevent a pet store,
retailer, or its owner, operator, or employees, from providing space and appropriate care
for animals owned by a publicly operated animal control agency, nonprofit humane
society, or nonprofit animal rescue agency that is registered with the county, and
maintained at the pet store for the purpose of adopting those animals to the public." The
Interim City Attorney reiterated that this ordinance is restricting the sale of puppies and
kittens obtained from puppy mills; it is not restricting the sale of puppies and kittens
wholeheartedly. Lastly, the Interim City Attorney stated the final revision in the opening
paragraph on page 1 and the first "WHEREAS" clause should read: "WHEREAS, the
City of Delray Beach desires to ensure that all dogs and cats are treated humanely and
desires to prohibit substandard breeding facilities known as "puppy mills" or "kitten
mills" and mass - producing animals for sale to the public, many of which are sold at retail
and in pet stores;" and the third "WHEREAS" clause should read as follows:
"WHEREAS, while not all dogs and cats sold are the products of inhumane breeding
conditions and not every commercial breeder selling dogs or cats to pet stores operates
"puppy mills" or "kitten mills," the City Commission believes that "puppy mills" and
"kitten mills" continue to exist in part because of public demand and the sale of dogs and
cats that are purchased from substandard breeding facilities."
Mr. Frankel asked where we have a puppy mill in the city. In response,
the Interim City Attorney stated the City does not currently have any puppy mills. Mr.
Frankel stated should this pass who is going to enforce it. The Interim City Attorney
stated either Code Enforcement or the Police Department would enforce it. Mr. Frankel
stated this is more of a Federal issue and he cannot support it.
Deputy Vice Mayor Jarjura stated the way the ordinance is drafted now
compared to what came before the City Commission in terms of the Workshop,
accomplishes the City's goals in prohibiting the sale of animals that were bred in a
substandard breeding facility and it not be retail sales of pet stores in general. Deputy
Vice Mayor Jarjura reiterated that Ms. Pyburn really listened to the comments that were
made at the Workshop meeting and tried to produce an ordinance that was to accomplish
the goals of the city, was legally defensible, and was enforceable. Deputy Vice Mayor
Jarjura stated some of the positions on either side have been mean - spirited and the fact
that this issue is something that everyone is passionate about yet some individuals that are
still opposing it or supporting did not take the time to read Ms. Pyburn's revised
ordinance is disappointing to her.
Vice Mayor Petrolia read a brief statement into the record regarding puppy
mills. She stated the question is "Do we want to be a city that continues to support the
puppy mill industry or do we want to send a message as many other cities are doing by
saying we no longer support this horrendous industry." Vice Mayor Petrolia stated at the
last meeting and tonight it struck her that there is a common thread on both sides of this
issue and that is that nobody is in support of puppy mills or commercial breeders. She
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stated this ordinance eliminates local pet shops selling puppies originating from
commercial breeders. Vice Mayor Petrolia stated she recognizes that something needs to
be changed and the commercial breeding industries substandard but legal practices are no
way to treat our pets. In addition, Vice Mayor Petrolia stated she supports a movement
that bans a barbaric industry from profiting on people in this city.
Mr. Jacquet thanked Ms. Pyburn for her work on this ordinance and
continuing to tweak it. Mr. Jacquet stated he concurs with comments expressed by
Deputy Vice Mayor Jarjura and supports the ordinance.
Mayor Glickstein stated he has spoken to one of the business owners in
town, Humane Society Executive Director, Florida Executive Director, the Executive
Director of the Humane Society who oversees legislation regarding puppy mills, and his
veterinarian of 20 years. Mayor Glickstein stated it is an incredibly labor intensive ordeal
and one of the common threads running through the breeders that he knows is that they
are very interested in where those dogs go. He stated that is the information that he is
receiving on the mills contrary to information that was given to the City Commission,
there is a linkage of where dogs are coming from is the lifeblood of these puppy mills is
in fact the retail stores. Mayor Glickstein stated there is a linkage of at least four (4)
breeders that are on the Humane Society's Horrible 100 and the methodology to
determine who exists on this Horrible 100 of breeders is a variety of factors and it is the
combination of how many times they have been on inspection reports where there have
been direct and serious violations which puts them on this list. He stated the paperwork
that he sees to the County is that dogs are coming from at least four (4) breeders that are
on the Humane Society's Horrible 100 list are landing in retail establishments in Delray
Beach. Mayor Glickstein stated people buying in this retail establishment would prefer a
guarantee that they were not inadvertently supporting animal cruelty. Mayor Glickstein
commented about a letter the Commission received from a lobbyist organization for the
pet industry and noted there is information in it that is incorrect. Mayor Glickstein stated
from his own research and his own personal reflection about what he knows about
breeding leads him to believe that this ordinance is the right thing to do and he supports
the ordinance with the amendments as stated by the Interim City Attorney.
Vice Mayor Petrolia moved to approve Ordinance No. 29 -14 on FIRST
Reading with the amendments as stated by the Interim City Attorney, seconded by Mr.
Jacquet. 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 - No. Said motion passed with a 4 to 1 vote, Mr. Frankel dissenting.
At this point, the time being 10:58 p.m., the Commission moved back to
Item 9.A. of the Regular Agenda.
9. REGULAR AGENDA:
9.A. WAIVER REOUEST/DELRAY BEACH PUBLIC LIBRARY:
Consider approval of a request to waive Land Development Regulations (LDR) Section
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4.6.7(F)(3)(f), "Supplemental District Regulations: Signs, Signs Requiring Permits,
Special Purpose Signs and Signing, Special Event Non - Roadway Banner Signing ", to
allow the Delray Beach Public Library to replace their two Centennial Banners with two
(2) temporary 501(C)3 banners until June 3, 2015. (Quasi - Judicial Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. The Commission stated they had no ex parte communications to
disclose.
Lula Butler, Director of Community Improvement, stated this item is a
request from the Delray Beach Library to ask for approval of a waiver to LDR Section
4.6.7(F)(3)(f) to allow two temporary banners to replace the Centennial banners that the
Commission approved in 2012. Mrs. Butler stated the Delray Beach Library has
indicated that they are requesting this because they need to replace the banners with a
different message to inform the public that they are a non -profit agency. The Delray
Beach Public Library is a 501(c)(3) that is funded through public and private partnership.
She stated over 1,700 people visit the library per day and they have a multitude of free
resources for the community. Mrs. Butler stated their request is needed to help identify
the physical location of the library as well as educate the community that they offer more
than just books at the Library. Mrs. Butler stated banners /sign for City facilities are
approved by the City Manager; however, this request is before the Commission because
the Library is asking for two (2) banners that exceed the size allowed by Code and the
length of time they are allowed to be up. Mrs. Butler stated the Library is asking for 126
square feet each along the front fagade of the building facing Atlantic Avenue for one (1)
year. Staff recommends approval of the waiver to LDR Section 4.6.7(F)(3)(f) to allow
the Delray Beach Public Library to replace their two (2) Centennial Banners with two (2)
temporary 501(c)3 banners for 1 year from the date the waiver is approved (June 17,
2015).
Mr. Jacquet commented about the last requirement LDR Section
2.4.7(B)(d) "Does not result in the granting of a special privilege in that the same waiver
would not be granted under similar circumstances on other property for another applicant
or owner." Mr. Jacquet stated the Library is a public /private partnership and he supports
the request.
Vice Mayor Petrolia asked if this would set a precedent and she expressed
concerns over this.
The Interim City Attorney stated the City's sign code allows banners for
shorter periods of time and the City has occasionally approved waivers to the size
requirements and/or the length of time for special events. In addition, the Interim City
Attorney stated the Library received approval for their 100th year birthday.
Mayor Glickstein stated he supports the request.
The Interim City Attorney briefly reviewed the Board Order with the
Commission who made findings according to their consensus (attached hereto is a copy
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and made an official part of the minutes).
Mr. Frankel moved to approve the Board Order, seconded by Mr. Jacquet.
Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor
Petrolia — No; Mr. Jacquet -- Yes; Mr. Frankel Yes; Deputy Vice Mayor Jarjura Yes.
Said motion passed with a 4 to 1 vote, Vice Mayor Petrolia dissenting.
Mr. Frankel moved to approve to extend the meeting time past 11:00 p.m.,
seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as
follows: Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice
Mayor Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote.
Mayor Glickstein stated Commissioner Jacquet has requested to move up
Item 9.11. and Item 9.I.
Vice Mayor Petrolia moved for Item 9.H., Nomination for Appointment
to the Downtown Development Authori to become Item 9.8. and Item 9.L,
Nomination for Appointment to the General Employees Retirement Committee to
become Item 9.C., seconded by Deputy Vice Mayor Jarjura. Upon roll call the
Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice
Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion
was passed with a 5 to 0 vote.
9.B. NOMINATIONS FOR APPOINTMENT TO THE DOWNTOWN
DEVELOPMENT AUTHORITY (DDA): Nominate four (4) regular members for
appointment to the Downtown Development Authority (DDA) to serve three (3) year
terms ending July 1, 2017. Based on the rotation system, the nominations for appointment
will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3),
Commissioner Jarjura (Seat 44) and Mayor Glickstein (Seat #5).
Mr. Jacquet moved to nominate Scott Kennedy as a regular member to the
Downtown Development Authority (DDA) to serve a three (3) year term ending July 1,
2017, 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.
Mr. Frankel moved to nominate Ryan Boylston as a regular member to the
Downtown Development Authority as a regular member to serve a three (3) year term
ending July 1, 2017, seconded by Mr. Jacquet. 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.
Deputy Vice Mayor Jarjura moved to nominate Frank Frione as a regular
member to the Downtown Development Authority as a regular member to serve a three
(3) year term ending July 1, 2017, seconded by Mr. Frankel. Upon roll call the
Commission voted as follows: Mayor Glickstein —Yes; Vice Mayor Petrolia — Yes; Mr.
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Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes. Said motion passed
with a 5 to 0 vote.
Mayor Glickstein stated he would like to defer his appointment to the next
regular meeting of July 1, 2014.
9.C. NOMINATION FOR APPOINTMENT TO THE GENERAL
EMPLOYEES RETIREMENT COMMITTEE: Nominate one (1) regular member for
appointment to the General Employees Retirement Committee to serve an indefinite term.
Based on the rotation system, the nomination for appointment will be made by
Commissioner Jacquet (Seat 92).
Mr. Jacquet moved to nominate Assistant City Manager Francine
Ramaglia, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission
voted as follows: Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes;
Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein Yes. Said motion passed with a 5
to 0 vote.
At this point, the time being 11:08 p.m., Commissioner Jacquet left the
meeting.
At this point, the time being 11:08 p.m., the Commission moved to Item
9.D., School Crossing Guard Contract/Action Labor Management, LLC dlb /a
Staffing Connection.
9.1). SCHOOL CROSSING GUARD CONTRACT /ACTION LABOR
MANAGEMENT LLC d/b /a STAFFING CONNECTION: Consider approval of the
School Crossing Guard Contract with Action Labor Management, LLC., d/b /a Staffing
Connection in an amount not to exceed $185,000.00 per fiscal year for school crossing
guard services by utilizing Palm Beach Garden's contract that was competitively bid via
RFP No. 2010 -003 pursuant to Ordinance No. 29 -13 Section 36.02(C)(7), "Methods of
Acquisition: Direct Acquisition Method, Utilization of Other Governmental Entities'
Contracts ". Funding is available from 001- 2115- 521 -34.90 (General Fund: Other
Contractual Service /Other Contractual Service).
Kristina Maricic, Administrative Officer/Police Department, stated staff
requests City Commission approval to enter into a contract with Action Labor
Management, LLC d/b /a Staffing Connection for School Crossing Guard services for
utilizing the Palm Beach Gardens contract that was competitively bid. Ms. Maricic stated
this complies with the City's Purchasing ordinance Section 36.02(C)(7), "Utilization of
other Governmental Entities' Contracts ". The Commission approval is needed due to the
amount exceeding $25,000 per Purchasing Guidelines. The services are needed to ensure
safety of the schoolchildren walking or riding bicycles to schools in the City's
jurisdiction.
Mayor Glickstein asked if there is a way to compel them to inform people
what the law is about bike helmets. Police Chief Strianese stated the Police Department
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could do this as an initiative, but this group would not be utilized for that.
The Interim City Manager stated the Police Department would have some
input in doing this; however, he suggested that the City ask this group if that can be
accomplished and if there is some legal issue that this cannot be done, then the City will
have to accede to that.
Vice Mayor Petrolia commented about the surcharge that was added to the
municipal parking tickets to partially offset the costs. Ms. Maricic stated for fiscal year
2014 the surcharge generated $85,960.00 and as of now for this fiscal year the Police
Department has generated $61,444.00. Vice Mayor Petrolia stated what the City is
collecting is less than $185,000.00. Also, Vice Mayor Petrolia asked if the School Board
would cover any of the costs. Chief Strianese stated it is provided by the City.
Mr. Frankel moved to approve the School Crossing Guard Contract with
Action Labor Management, LLC, seconded by Vice Mayor Petrolia. Upon roll call the
Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura -- Yes;
Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 4 to 0
vote.
9.E. BID AWARD /STROBES -R -US: Consider approval of a bid award to
Strobes -R -Us in the amount $139,722.25 for installation of Police lighting and equipment
in fifteen (15) Police vehicles and six (6) Police motorcycles utilizing the City of Sunrise
Contract No. 11(06)- 01- 01- 01 -19 -W which is valid until April 11, 2015, meeting the
requirements of City Purchasing Ordinance No. 29 -13, Section 36.02 (C)(7), "Utilization
of Other Governmental Entities' Contract". Funding is available from 501- 3312 -591-
64.20 (Garage Fund: Machinery /Equipment /Automotive).
Randal Krejcarek, Director of Environmental Services, stated this item is
to award to Strobes -R -Us for the installation of Police lights and equipment to fifteen
(15) Police vehicles and six (6) Police motorcycles utilizing the City of Sunrise Contract
in the amount of $139,722.25.
Mr. Frankel moved to approve bid award to Strobes -R -Us in the amount
of $139,722.25, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission
voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice
Mayor Petrolia — Yes; Mr. Frankel — Yes. Said motion passed with a 4 to 0 vote.
9.F. EMPLOYMENT AGREEMENT /CITY ATTORNEY: Consider an
Employment Agreement between the City of Delray Beach and Mr. Noel Pfeffer.
Terrill Pyburn, Interim City Attorney, stated this item is the employment
agreement for the City Attorney Noel Pfeffer. At the Special meeting of June 5, 2014 the
City Commission gave staff direction to negotiate an employment contract with Mr.
Pfeffer. The Interim City Attorney read the material terms of the contract into the record
as outlined in the Agenda backup memorandum. Staff recommends approval of the
Employment Agreement between the City of Delray Beach and Mr. Noel Pfeffer.
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Deputy Vice Mayor Jarjura moved to approve the Employment
Agreement between the City of Delray Beach and Mr. Noel Pfeffer, seconded by Vice
Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein
Yes; Vice Mayor Petrolia — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes.
Said motion passed with a 4 to 0 vote.
9.G. OFFER OF SETTLEMENT/THOMAS VOLPE VS. CITY OF
DELRAY BEACH: Consider an Offer of Settlement in the total amount of $30,000.00
in Thomas Volpe vs City of Delray Beach. Staff recommends denial.
Terrill Pyburn, Interim City Attorney stated this is a case against the City
of Delray Beach by Plaintiff Thomas Volpe. The Offer of Settlement is for $30,000.00.
The Interim City Attorney stated Mr. Volpe hit an orange safety cone on A-1 -A north of
Atlantic Avenue on his bicycle and he is alleging that the City failed to warn. Staff
recommends denial of the proposal for settlement. The Interim City Attorney stated this
is currently on a trial docket beginning August 25, 2014.
The Interim City Manager stated he discussed this item with the City
Attorney's office this afternoon and administrative staff wholeheartedly agrees that from
a Risk Management perspective that there is no justification for settlement in this case.
Mr. Frankel moved to accept the Interim City Attorney's recommendation
to decay the proposed settlement, seconded by Vice Mayor Petrolia. Upon roll call the
Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Frankel Yes; Deputy
Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 0
vote.
9.H. NOMINATION FOR APPOINTMENT TO THE HISTORIC
PRESERVATION BOARD: Nominate one (1) regular member for appointment to the
Historic Preservation Board to serve an unexpired term ending August 31, 2015. Based
on the rotation system, the nomination for appointment will be made by Mayor Glickstein
(Seat #5).
Mayor Glickstein stated he would like to defer his nomination to the next
regular meeting of July 1, 2014 because he has asked the City Clerk to make a
requirement that all applicants fill out a questionnaire with their board application.
It was the consensus of City Commission to make it a requirement that
an application is not considered complete unless the questionnaire is also filled out and
submitted.
9.I. NOMINATION FOR APPOINTMENT TO THE SITE PLAN
REVIEW AND APPEARANCE BOARD SPRAB . Nominate one (1) regular
member to the Site Plan Review and Appearance Board (SPRAB) to serve an unexpired
term ending August 31, 2016. Based on the rotation system, the nomination for
appointment will be made by Commissioner Jarjura (Seat #4).
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Deputy Vice Mayor Jarjura moved to nominate Roger Cope to the Site
Plan Review and Appearance Board (SPRAB) as a regular member to serve an unexpired
term ending August 31, 2016, 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. Said motion passed with a 4 to 0 vote.
9.J. NOMINATION FOR APPOINTMENT TO THE COMMUNITY
REDEVELOPMENT AGENCY (CRA): Nominate one (1) regular member for
appointment to the Community Redevelopment Agency (CRA) to serve a four (4) year
term ending July 1, 2018. Based on the rotation system, the nomination for appointment
will be made by Mayor Glickstein (Seat #5).
Mayor Glickstein moved to nominate Cathy Balestriere to the Community
Redevelopment Agency (CRA) to serve a four (4) year term ending July 1, 2018,
seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows:
Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes;
Mr. Frankel — Yes. Said motion passed with a 4 to 0 vote.
9.1c NOMINATION FOR APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD: Nominate one (1) regular member for
appointment to the Parking Management Advisory Board to serve an unexpired term
ending July 1, 2016. Based on the rotation system, the nomination for appointment will
be made by Commissioner Jarjura (Seat #4).
Deputy Vice Mayor Jarjura moved to nominate Fran Marincola to the
Parking Management Advisory Board (PMAB) as a regular member to serve an
unexpired term ending July 1, 2016, seconded by Mr. Frankel. Upon roll call the
Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr.
Frankel —Yes; Deputy Vice Mayor Jarjura— Yes. Said motion passed with a 4 to 0 vote.
9.L. NOMINATION FOR APPOINTMENT TO THE POLICE AND
FIRE FIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Nominate
one (1) regular member for appointment to the Police and Fire Fighters Retirement
System Board of Trustees to serve a two (2) year term ending June 30, 2016. Based on
the rotation system, the nomination for appointment will be made by Commissioner
Frankel (Seat 43).
Mr. Frankel moved to nominate Mr. Frankel for reappointment as a
regular member to the Police and Firefighters' Retirement System Board, seconded by
Deputy Vice Mayor Jarjura.
Prior to the vote, Vice Mayor Petrolia stated she cannot support Mr.
Frankel's nomination because from the comments that were made at the last meeting this
is the fund that has been in trouble for the entire time that Commissioner Frankel has
been on the Police and Firefighters' Retirement System Board. Vice Mayor Petrolia
stated she feels it is time for a change.
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Mayor Glickstein stated he supports Mr. Frankel as his Commission
colleague with the understanding that while he appreciates the service to the board by Mr.
Frankel and everybody serving on the board the taxpayers have not been served by the
recommendations of the investment managers as well as the actuaries that are working
for this. Mayor Glickstein stated the notion are men and women who are not taxpayers of
this city making decisions on pensions that have no professional investment experience
whatsoever and aren't taxpayers is deeply flawed. Mayor Glickstein stated as pointed out
by Mr. Jack Warner that if we are not getting the board to recognize that we have to make
some changes these impacts are monumental. Mayor Glickstein stated if the investment
returns are equal to or better than the other pension that the City has, then the taxpayers
are going to be very happy with the way that board is performing and Mr. Frankel would
have done his job as best as he can. Mayor Glickstein stated he has always expressed
concern over how this board is comprised and in Mr. Frankel's position that his board
colleagues will recognize that union priorities in this instance are not necessarily aligned
with taxpayers and hopes Mr. Frankel will stress that.
Mr. Frankel stated Mr. Jack Warner has been wonderful and feels he has
been in a position to help advance some of his ideas that he has brought forward that one
of the other applicants may not have. In addition, Mr. Frankel stated he endorsed the
recommendation to have the Task Force and Gainesville has a similar program.
Deputy Vice Mayor Jarjura stated the Commission directed the City
Manager to look at creating a Task Force of professionals that would be an Advisory
Board to this board and she requested that this be on an upcoming meeting.
Mayor Glickstein stated when there is professional expertise that has a
vested interest he feels there will be a better outcome.
Brief discussion between Interim City Manager Terry Stewart and Mayor
Glickstein followed.
Upon roll call the Commission voted as follows: Vice Mayor Petrolia —
No; Mr. Frankel— Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein —Yes. Said
motion passed with a 4 to 0 vote.
At this point, the time being 11:31 p.m., the Commission moved to Item
12, Comments and Inquiries on Non - Agenda Items.
12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
12.A. City Manazer
Terry Stewart, Interim City Manager, expressed his gratitude to the
Commission for allowing him to serve here. Mr. Stewart stated there are a lot of
opportunities to help this community move forward.
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12.8. City Attorney
Terrill Pyburn, Interim City Attorney, stated this is her last meeting and it
has been an honor to serve the City Commission and the citizens of Delray Beach. Ms.
Pybum thanked the City Commission for this amazing opportunity and stated she is
going to miss everybody.
Mayor Glickstein stated having been with Ms. Pyburn on Planning and
Zoning for numerous years and in this position it has been a privilege working with Ms.
Pyburn. Mayor Glickstein stated Ms. Pyburn's professionalism, responsiveness, and
ethical treatment of not only the subject matter but the parties involved Coconut Creek is
getting a great City Attorney. Mayor Glickstein wished Ms. Pyburn the best and he is
sorry she is leaving.
Vice Mayor Petrolia echoed comments expressed by Mayor Glickstein
and stated Ms. Pyburn has really stepped up to the plate from January until now. Vice
Mayor Petrolia stated the City Commission will miss Ms. Pyburn.
Deputy Vice Mayor Ja&ra stated since she has been on the Commission
(April 1, 2014) Ms. Pyburn continues to impress her with her responsiveness, due
diligence, and Ms. Pyburn's ability to wrap her head around all sides of the issue and
produce a legally defensible and fair ordinance. Deputy Vice Mayor Jarjura stated she is
sad to see Ms. Pyburn leave but looks forward to working with her in the future.
Ms. Pyburn stated the City Commission of Coconut Creek agreed in
concept that she can do some consulting for the City of Delray Beach with regards to
certain issues.
Deputy Vice Mayor Jarjura congratulated Ms. Pyburn on her upcoming
wedding.
12.C. City Commission
12.C.1. Mr. Frankel
Mr. Frankel stated a friend of his who runs the Lady Atlantic was recently
attacked by an aggressive panhandler. Mr. Frankel stated he believes there is a little
confusion about the panhandling law and asked if staff can send a memorandum to the
Clean and Safe Officers to explain what they can do now.
Secondly, Mr. Frankel stated the issue of food trucks was brought up
several months ago and he has not seen anything on it. Mr. Frankel stated the majority of
the Commission wanted to discuss (if not all) and requested that this be addressed as soon
as possible.
Mr. Frankel stated he recently returned from Chicago where they have this
great service called "Uber" which is expanding to Florida. Mr. Frankel stated Uber is an
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app for a private car service. Mr. Frankel stated he would like to look into this and bring
back for a full Commission discussion.
Lastly, Mr. Frankel stated several months ago the Commission
recommended City provided cab stands and asked staff to see if there are designated
areas where the cabs hang out instead of them taking the parking spots. Mr. Frankel
stated to date the Commission has not received any feedback on this.
12.C.2. Deputy Vice Mayor
Deputy Vice Mayor Jar ura stated Uber would be great for the City of
Delray Beach to look into.
Secondly, Deputy Vice Mayor Jarjura stated the City look into a
Temporary Pilot Program with regard to the food trucks.
Mr. Frankel stated when he spoke to Mr. Chapman about it he indicated
that staff was totally against it so the Commission did not really have the opportunity to
debate it.
Deputy Vice Mayor Jarjura stated she had email communications with the
Planning staff as well and they are looking into ways of accomplishing this based upon
the zoning and the land use. She suggested that the City look at a possible temporary
permit whether it is for a month or two months. The Commission concurred with Deputy
Vice Mayor Jarjura's suggestion. Vice Mayor Petrolia stated it is impossible to park in
this area and this could be problematic.
Deputy Vice Mayor Jarjura stated she had asked several times for an
analysis of a Local Small Business Preference Program and Francine Ramaglia, Assistant
City Manager, had asked for a little more time on that. Deputy Vice Mayor Jarjura stated
this is something she is looking for a presentation on.
With regard to the Goals and Objectives Workshop, Deputy Vice Mayor
Jarjura stated the City Commission needs a meeting room to hold their discussion.
Deputy Vice Mayor Jarjura stated at the Treasure Coast Regional Planning
Council's presentation stated that the City's Sustainability Officer John Morgan is going
to be making a recommendations in terms of green initiatives to the City's LDR revisions
for the CBD (Central Business District) and she requested an update to the status of this.
Deputy Vice Mayor Jarjura asked for an update on the City Manager's
situation.
The Interim City Attorney stated staff may have something forthcoming
on the next City Commission Agenda.
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12.C.3. Vice Mayor Petrolia
Vice Mayor Petrolia stated the Uber idea is great and suggested that this
be incorporated into the project with Federal Highway. She stated the City may not want
to be continuing with trolleys; she suggested that there may be a better way to do that so
if the Commission changes their mind as to which direction they are going in that the
City would actually have fielding for one or another type of system.
Secondly, Vice Mayor Petrolia stated she has received a lot of telephone
calls regarding the condition of Veteran's Park and noted that the park. is deteriorating.
She suggested that this be discussed when the budget is discussed.
Vice Mayor Petrolia stated Elected Officials were in town from the
League of Cities and held an Institute for Elected Officials Seminar from Friday through
Sunday. Vice Mayor Petrolia stated she attended both the morning and afternoon session
of the seminar and it was well received. She stated there was a huge interest in how
Delray Beach accomplished everything that they have and they asked for a tour of the
city. Vice Mayor Petrolia stated Assistant City Manager Francine Ramaglia immediately
organized a tour for these people.
Vice Mayor Petrolia commended Assistant City Manager Francine
Ramaglia for stepping in to assist someone with the budget. Vice Mayor Petrolia stated
Ms. Ramaglia has an incredible knowledge base from a financial standpoint.
Vice Mayor Petrolia thanked everyone for their support with regard to the
puppy mill ordinance.
Lastly, Vice Mayor Petrolia stated several months ago the City
Commission asked the Interim City Manager to follow up on a Small Business Loan that
the City Commission approved for a company to come in to help the citizens go through
the process of getting micro - loans. Vice Mayor Petrolia stated that nothing to date has
been done and she requested that the Interim City Manager provide the Commission with
a status update.
12.C.4. Mayor Glickstein
Mayor Glickstein stated in terms of Veterans Day he does not feel an
existing paid holiday should be taken away from employees. In his opinion, Mayor
Glickstein stated this is long overdue in terms of Veterans Day being a paid holiday in
Delray. It was the consensus of the Commission to support Veterans Day as a paid
holiday.
Secondly, with regard to the consultant on the recycling bins, Mayor
Glickstein asked the Interim City Manager to communicate to him that to the extent that
the City can get rid of this two (2) bin system which is functionally difficult as well as
operationally ineffective in that wet cardboard is not recyclable not to the degree that dry
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cardboard and newspaper is. The Commission concurred with comments expressed by
Mayor Glickstein.
Mayor Glickstein stated there will be no July Workshop meeting because
the Commission will combine issues on July 1St and July 1ST". He stated between special
meetings and workshops there have been six (6) public meetings within the last 2 -3
weeks so this will give staff time to catch up. It was the consensus of the Commission to
support not having a July Workshop or August Workshop.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 11:47 p.m.
ATTEST:
MAYOR
City Clerk
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 17, 2014, which Minutes were formally approved and adopted by the City
Commission on December 2, 2014.
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
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IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST REGARDING AN INCREASE IN SIZE AND TIME FOR
TEMPORARY SPECIAL EVENT NON - ROADWAY BANNERS FOR THE DELRAY
BEACH PUBLIC LIBRARY
1. These waiver requests to allow an increase in size of temporary, special
event non- roadway banners to exceed twenty (20) square feet in area and to allow an
extension of installation period for the banners to exceed sixteen (16) days came before
the City Commission on June 17, 2014.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver requests to allow special
event non - roadway banners to exceed 20 sq. ft. in area and to hang for more than 16
days. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsection I.
I. WAIVER:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving
body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver
would be granted under similar circumstances on other unique
public/private partnership property for another applicant or owner.
A. Waiver Request:
1) Pursuant to LDR Section 4.6.7(F)(3)(f)(4), the size of a temporary
special event non - roadway banner must be limited to twenty (20) square
feet in area.
A waiver is requested to allow two banners, with each banner being one
hundred and twenty six (126) square feet in area.
Regular Meeting 06- 17 -14; Item 9.A
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 17th day of June, 2614, by a vote of 4 in favor and 1
opposed.
ATTEST:
Chevelle Nubin, City Clerk
3
Ca li stein, Mayor