07-15-14 Regular Meeting MinutesJULY 15, 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, July 15, 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, City Manager
Noel Pfeffer, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Kathleen Gannon with St.
Paul's Episcopal Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
At this point, Mayor Glickstein commended the Delray Beach Marketing
Cooperative, the Police Department, the Fire - Rescue Department, and various City staff
for organizing and executing a flawless July 4th celebration.
In addition, Mayor Glickstein introduced the new City Attorney Noel
Pfeffer who has had a long and successful career as the Deputy County Attorney for
Broward County.
4. APPROVAL OF MINUTES:
Vice Mayor Petrolia moved to approve the Minutes of the Regular
Meeting of May 6, 2014, seconded by Deputy Vice Mayor Jarjura. Upon roll call the
Commission voted as follows: Mr. Jacquet -- Yes; Mr. Frankel — Yes; Deputy Vice
Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia Yes. Said motion
passed with a 5 to 0 vote.
Vice Mayor Petrolia moved to approve the Minutes of the Regular
Meeting of May 20, 2014, seconded by Mr. Frankel. Upon roll call the Commission
voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jar ura — Yes; Mayor
Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed
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with a 5 to 0 vote.
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 Manazer's response to prior public comments and inquiries.
With regard to a previous concern about contract negotiation, the Interim
City Manager stated Human Resources indicated that the last union negotiation with the
IAFF was May 16, 2014 and after the second session opened 23 articles including
pension. The Interim City Manager stated the IAFF requested a copy of the City's
pension actuarial study. The City released its pension modification proposal and the GRS
Actual Analysis on June 19, 2014. The Interim City Manager stated the City has
received a counter proposal from the IAFF and the next negotiation session is scheduled
for July 21, 2014 and July 24, 2014. The Interim City Manager stated with regard to the
PBA, the last meeting was held on May 13, 2014 where the City released information to
the bargaining unit about the pension analysis. The next session is scheduled for July 23,
2014; however, the City has not received a counter proposal from the PBA.
Secondly, with regard to giving employees Veteran's Day as a paid
holiday, the Interim City Manager stated this has to be negotiated with each union
involved. However, the Interim City Manager stated this can be implemented
immediately for the Civil Service employees upon direction from the City Manager's
office and staff will begin negotiations with the bargaining units.
With regard to a previous concern expressed by K.C. Traylor, the City
Manager stated she spoke about "Not" All Aboard Florida. The Interim City Manager
stated All Aboard Florida has plans to begin the construction of the double tracking Phase
I Miami to West Palm Beach of the FEC Corridor in 2015. Staff has reviewed
preliminary plans and has requested accommodations for pedestrian sidewalks,
crosswalks at various crossings and indicated that pedestrian crosswalks are provided.
The City will be responsible for the cost of the pedestrian crosswalks at those crossings.
The Interim City Manager stated the Metropolitan Planning Organization
(MPO) with Broward County has submitted a joint TIGER Grant application for road
safety and it is still pending. The Interim City Manager stated the Legislature has
approved $10 million in fiscal year 2015 to create a statewide grant funding program.
The Interim City Manager stated Mr. Smith was requesting for the City Commission to
take a policy stance on this particular matter. The Interim City Manager stated he cannot
comment to the City Commission about that at this time as the City Commission has not
asked to do so.
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.
The Interim City Manager stated Mr. Bonfield had thanked the City for
sponsoring six (6) lectures regarding urban development and also spoke about pedestrian
paths and bicycle paths. The Interim City Manager stated on US -1 a project is currently
under construction to include a five foot (5') bike path both northbound and southbound
the entire length of the project. This also includes a ten foot (10') sidewalk on both
northbound and southbound Federal Highway. The Interim City Manager stated this
project is expected to be completed by July 2015 and the City is moving forward with
this. The City has been successful with obtaining Federal rants to add bicycle lanes on
N.E. 2" d Avenue, Seacrest Boulevard between Lake Ida (4t Street and N.E. 22nd Street).
The Interim City Manager stated the implementation is phased and will occur over the
next 3 -4 years. Staff is working with Human Powered Delray and the development of a
pedestrian/bicycle total plan for the City.
With regard to previous comments expressed by Mr. Jim Smith regarding
the number of crashes in Delray Beach involving pedestrians and bicyclists, the Interim
City Manager stated staff has contacted Palm Beach County Engineering regarding the
intersection of East Atlantic Avenue and S.E. to N.E. 0' regarding ped signals and will
continue to work with the County to try to achieve ADA accessible ped signals at this
location. The Interim City Manager stated with regards to Mr. Smith's recommendation
of a Pedestrian Bicycle Coordinator position, staff is researching the possibility of
applying to the FDOT for assistance in funding this.
With regard to previous comments expressed by Mr. Schlossberg about a
statement regarding All Aboard Florida and urged the City Commission to place this item
on the Agenda for public discussion.
Lastly, with regard to a previous concern from Dr. Alan Costillo who
spoke as the Board Chairman for the Downtown Delray Beach Restaurant Association
and expressed concern over the food truck ordinance, the Interim City Manager stated the
City has invited Dr. Costillo and other members of his restaurant group to attend the
stakeholder meeting on Friday, July 18, 2014 at 10:00 a.m. to review a comment on
proposed regulations on food trucks. The Interim City Manager stated Dr. Costillo has
accepted the City's invitation and all stakeholder comments will be a part of the report
that will go to the City Commission.
6.13. From the Public.
6.B.1. Christina Morrison, 2809 Florida Boulevard 9207, Delray Beach, FL
33483, expressed concern over the decision made by the City Commission last week
regarding the section of the OSSHAD that was changed. Ms. Morrison stated the other
historic neighborhoods in town now feel threatened by the changes that could happen to
them. She stated the Commission can minimize the concerns by listening to the
neighbors of the other historic areas and listening to the Marina District. Ms. Morrison
suggested that if the City gives a historic designation to a certain neighborhood then that
means it is special and should be treated that way. Ms. Morrison urged the City to
approach some of the historic neighborhoods and appoint someone to the Historic
Preservation Board or the Code Enforcement Board so that their voices can be heard to
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protect their neighborhoods and that closer eyes from Code Enforcement be in the
historic neighborhoods so that they will not deteriorate; and, as a City we can be more
vigilant in taking care of the City's historic areas.
6.B.2. Jim Smith 1225 South Ocean Boulevard Delray Beach FL 33483
Chairman of S.A.F.E. (Safety As Floridians Expect), thanked the City Manager for his
comments in response to Mr. Smith's questions at the last meeting; however, he had
approximately twenty (20) questions and he would like those questions answered as well
at the Interim City Manager's convenience.
Secondly, Mr. Smith stated FDOT will not fund a Ped/Bike Coordinator.
Mr. Smith stated S.A.F.E. requests that the City authorize the position of a Ped/Bike
Coordinator with no funding and allow S.A.F.E. to bring the City the money.
6.B.3. David Cook, representing the Downtown Development Authority
DDA Deirgy Beach Magazine, and the 16 downtown Delray Beach restaurants
that participated in the 2014 Savor the Avenue, presented Suzanne Davis, Director of
Parks and Recreation the donation generated from the 2014 Savor the Avenue in the
amount of $3,331.00 to put towards the Beach Beautification Project specifically the
beach pavilion.
6.B.4. Bob Gan er 1443 North Ocean Boulevard Delray Beach FL 33483
(Charter Member of the Rising Waters Task Force), made reference to Agenda Item
8.J. and stated "The City of Delray Beach has one of the most successful beach
maintenance and preservation programs in the entire United States." He stated it is not
only our beaches but our dunes as well that are the envy of coastal communities
throughout the country. Mr. Ganger stated the first Army Corp of Engineers Beach
Renourishment Program in the State of Florida was completed on Treasure Island in
1969. Mr. Ganger stated for the next four (4) years Delray has kept its beaches and dunes
as healthy as Mother Nature will allow. He commented about an article in the St.
Petersburg Tribune Sunday recording and Army Corp of Engineer Study showing that the
annual tax revenues generated by beach tourists in Florida is approximately is about 100
times the amount spent on beach renourishment every year. Mr. Ganger announced that
the Delray Beach Rising Waters Task Force meeting will be held at 5:00 p.m. at the
Environmental Services Department, 434 S. Swinton Avenue.
6.B.5. Frank B. McCluskey, 255 N.E. 3'd Avenue, Delray Beach, FL 33444,
stated he is interested in biking and walking Local Chapter of the Florida Not All Aboard
(Delray Chapter) and announced that a meeting will be held on Saturday, August 2, 2014
at 9:00 a.m. at the Delray Beach Public Library regarding the impact of high -speed trains
will have in downtown Delray Beach.
6.B.6. K.C. Traylor, Palm City, Florida, Florida "Not" All Aboard, read a
brief statement into the record and stated All Aboard Florida plans to run 32 high -speed
rail trains from early in the morning to late in the evening seven (7) days a week from
Miami to Orlando and will use the tracks running through downtown Delray Beach; In
addition, Ms. Traylor stated All Aboard Florida will add a second track and will run at
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speeds up to 110 mph along that corridor. She stated the freight trains are predicted to
increase in length and number as well. Ms. Traylor stated the only planned depots are in
Miami, Fort Lauderdale, West Palm Beach, and Orlando; no benefit to Delray Beach.
Ms. Traylor stated yesterday she met with three (3) Florida Department of Transportation
officials in Tallahassee and discussed the community concerns about rail safety and
FDOT's involvement. She stated it is imperative that each community states very clearly
their objection and concerns to this project and urged the City to speak to the downtown
businesses about how they feel. Ms. Traylor stated this project brings much detriment
and no benefit and urged the City Commission to create a resolution with the impacts and
against the project of All Aboard Florida.
6.13.7. Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33445, stated he is
opposed to the high -speed rail running through Delray Beach and urged everyone the
entire City to support stopping these trains coming through the downtown. Mr. Katz
stated he does not want to see future projects destroyed before they are already built by
allowing all these trains to come through the city. Mr. Katz urged everyone to pass a
resolution, inform our Congressman and Tallahassee that residents do not want this
public funding to go to these people that are going to run these trains. He stated there is
no space to build a train station stop and any space that would be available is already
committed to development and All Aboard Florida will not build one because there is a
certain timeframe they want to get those trains to Orlando.
Secondly, Mr. Katz gave a few brief comments on Item 9.G., Counter
Proposal to Settlement Agreement with Mr. Louie Chapman, Jr. and stated some people
have suggested to him that the two (2) Commissioners (Commissioner Jacquet and
Commissioner Frankel) who did not vote to fire Mr. Chapman that it was their duty to
fire him. Mr. Katz stated if the City is going to pay Mr. Chapman $70,000 that no City
services are cut in doing so.
6.B.S. Pauline Moody, 609 S.W. 81h Avenue, Delray Beach, FL 33444,
commented about the 2n ranked garbage company (Republic) emptying garbage and
stated she saw them at 430 South Congress Avenue and noted that she was under the
impression that the City was still operating with Waste Management only in the City of
Delray Beach jurisdiction. Ms. Moody stated she has also saw the garbage company
empty garbage cans on Swinton Avenue.
Secondly, Ms. Moody stated whatever the Commission decides to do
about Mr. Chapman's contract to do what they need to do and move on. In her opinion,
Ms. Moody stated Mrs. Butler should have been let go as well rather than her staying
until the end of the year.
6.B.9. Alan Schlossher -2, 200 MacFarlane Drive #N- 502,Delray Beach, FL
33483, urged Mayor Glickstein to place the Florida Not All Aboard item on the Agenda
so it can be properly discussed. Mr. Schlossberg stated there will be approximately 50
trains now when also considering the freight trains versus 32 trains. On behalf of the
20,000 signatures and the 25 towns that have already passed resolutions objecting to the
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Florida All Aboard Plan, Mr. Schlossberg urged the Commission to pass similar
resolutions so these trains will not be running through Delray Beach 2417. He stated this
will create a traffic nightmare which will negatively affect Delray property values. Mr.
Schlossberg expressed concern in increased noise and pollution, and traffic gridlock that
will eventually affect tourism if this plan were to succeed.
6.B.10. Dr. Alan Costilo, 3557 Lakeview Drive, Delray Beach, FL 33445,
owner of Big Al Steak's speaking for himself, his business partners, and 850
petitioners who signed their names as business owners, employees, and customers of
the retail stores in downtown Delrav Beach), read a brief statement into the record and
stated he is opposed to the installation of parking meters on Atlantic Avenue. Dr. Costilo
stated the last Parking Study he read indicated that the City can reap over $600,000 per
year and the Downtown Development Authority (DDA) Study from several years ago
shows that the Downtown retail sales are in excess of $200 million a year; if the meters
cause the estimated 10% loss in retail sales, then the loss to downtown Delray Beach
economy will be in excess of $20 million. He stated Delray Market Place added 400
parking spaces this week to handle their overflow. Dr. Costilo suggested that the City
attempt a coordinated comprehensive parking management initiative based on ever
increasing free parking time limits moving north and south outwards away from Atlantic
Avenue. He stated he spoke to a Commissioner .last week and suggested a one -hour
parking limit on Atlantic Avenue with greater limits as we move north and south. Dr.
Costilo entered petitions into the record with the City Clerk.
6.B.11. Kevin Homer, 319 S.E. 3rd Avenue Delray Beach FL 33483 stated
several months ago he received a telephone call from Police Officer Christopher Merk
who keeps the city safe and who led the P.O.P. Program (Problem Oriented Policing)
Special Crime Unit and reduced all crimes by more than 50% in a 12 month period of
time. Mr. Homer stated he attended a hearing as it pertained to the Police Department's
compensation and negotiations. Mr. Homer stated he saw a very well prepared and
respected Police Department facing a hostile and unprepared attorney. Mr. Homer stated
last week Mr. Merk made a choice to leave the Delray Beach Police Department and feels
the city lost a gem.
6.B.12. Yvonne Odom 3905 Lowson Boulevard Delra Beach FL 33445
thanked the City Commission for naming the park for Reverend Thomas. Mrs. Odom
stated Reverend Thomas is a long -time resident.
Secondly, Mrs. Odom stated nobody is present to hear the Commission
give their comments at the end of the meeting because the meetings are too lengthy
ending close to midnight or 1:00 a.m.
Lastly, Mrs. Odom stated the position of the City Manager needs to have
the authority to do what he needs to do. In her opinion, Mrs. Odom stated there should
be a super majority to fire the City Manager.
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6.B.13. Peter Humanik, 704 N.E. 5t' Street, Delray Beach, FL 33483, stated he
hopes the City is reaching an end to the City Manager situation.
Secondly, Mr. Humanik stated with the way the trains are now he cannot
imagine that the Commission would not be in favor of not having the trains downtown
and feels the Commission should formerly let that be known.
Lastly, Mr. Humanik stated 851 people oppose the parking downtown on
Atlantic Avenue. He feels that is wrong and that it will ruin the look of the downtown.
Mr. Humanik stated there is plenty of parking elsewhere.
6.B.14. Jim Knight, 10 S.E. 1St Avenue, Delray Beach, FL 33444, suggested if
the City is going to have parking meters to have a change machine near the parking
meters where people can get change to put in those meters. Mr. Knight stated while at
lunch today he overheard people from out -of -town going into the shops trying to get
change but the stores did not want to give any change out.
Secondly, Mr. Knight briefly spoke about the trains and stated he hopes
the City is not taking a position that we do not want Tri -rail in the downtown. He stated
he would love to have Tri -rail and be able to walk from his house, hop on Tri -rail, get off
at Atlantic Avenue, and walk to the office, etc.
6.B.15. Steve Blum, 115 Venetian Drive, Delray Beach, FL 33843, stated there
was a situation with City Manager Louie Chapman, Jr. that was despicable and needed to
go. However, Mr. Blum stated the City could not get rid of him because of two (2)
Commissioners only. Therefore, Mr. Blum supports voting for a 3/2 simple majority that
way two (2) Commissioners cannot hold up a deplorable situation.
6.B.16. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach FL 33444 President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), stated the Commissioners are being attacked on
social media and feels that the City should be able to defend them. Dr. Kirson stated
although it is not illegal, he feels it is inappropriate for a City Commissioner to be posting
on social media.
Secondly, Dr. Kirson briefly spoke about the SAD (Special Activities
District) and stated when Delray Place came before the Planning and Zoning Board it was
turned down. He stated at that point it was decided that anyone who wants to change
zoning has to present a complete plan but nothing ever came of it. Dr. Kirson requested
that the Commission make a change and incorporate an SAD in this type of program.
6.B.17. 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.
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6.11.18. David Rose Attorney defending an individual in the litigation of
Waums to Riches, stated with these cases involving ordinances passed by these cities
preventing the sale of "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 that they say they
are not selling then why they would be bothered by the ordinance being passed.
6.B.18. Cathy Hartney, 1315 Park Avenue, Boca Raton_, FL, displayed a
PowerPoint video from the ASPCA.
7. AGENDA APPROVAL.
The Interim City Manager stated there is additional information for Item
9.C., Waiver Requests /Coda and Item 9.D., Waiver Requests /Sofa District Lofts. In
addition, staff is requesting that Item I1.C., Ordinance No. 22 -14 and Item 11.D.,
Ordinance No. 23 -14 be postponed.
Mr. Frankel moved to approve the Agenda as amended, seconded by Vice
Mayor Petrolia. Upon roll call the Commission voted as follows: Deputy Vice Mayor
Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes;
Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. REQUEST OF A SIDEWALK DEFERRAL /3011 JASMINE
COURT: Approve an agreement to defer installing a sidewalk along the east side of
Jasmine Court, east of Spanish Trail and south of Jasmine Drive, in the Tropic Isles
Subdivision for the property located at 3011 Jasmine Court.
S.B. ACCEPTANCE OF A RIGHT OF WAY DEED /SOUTHGATE
MOTEL: Approve acceptance of a 20' right of way deed along the rear property
frontage adjacent to Old Dixie Highway for Southgate Motel located at 1600 North
Federal Highway.
8.C. ACCEPTANCE OF A RIGHT OF WAY DEEDIRAINBOW
WAREHOUSE: Approve acceptance of a right -of -way deed associated with a Class V
Site Plan approval for Rainbow Warehouse for a 10' right -of -way located along the west
side of Wallace Drive at 1402 Wallace Drive.
S.D. FINAL SUBDIVISION PLATIUPTOWN DELRAY: Approve a final
subdivision plat for Uptown Delray, a proposed mixed -use development that includes 146
dwelling units and 3,529 square feet of retail /office space, located on the north side of
S.E. 2"d Street between S.E. 4th Avenue and S.E. 5th Avenue.
8.D.1, ACCEPTANCE OF A RIGHT OF WAY DEED: Approve acceptance
of a Right -of -Way Deed with Monogram Residential Delray II Project Owner, LLC., to
abandon a portion of a 16' wide north -south alley in the center of the block for the project
associated with Uptown Delray located between S.E. 4th Avenue and S.E. 5th Avenue on
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the north side of S.E. 2nd Street.
8.E. FINAL SUBDIVISION PLATIDELRAY PRESERVE: Approve a final
subdivision boundary plat to combine five parcels of land into one parcel for Delray
Preserve located on the east side of North Federal Highway, south of Gulf Stream
Boulevard.
S.F. ACCEPTANCE OF A SANITARY SEWER EASEMENT DEED/MD
NOW: Approve acceptance of an exclusive sanitary sewer deed for the installation of a
manhole for MD Now located at 601 Linton Boulevard.
8.G. ACCEPTANCE OF A WATER EASEMENT DEEDIMD NOW:
Approve acceptance of an exclusive water deed for the relocation of a water meter for
MD Now located at 601 Linton Boulevard.
S.H. CONTRACT CLOSEOUT (CHANGE ORDER NO.
2XINAL)IMANCIL'S TRACTOR SERVICE, INC.: Approve Contract Closeout
(C. 0. No. 2 /Final) in the amount of $36,033.81 decrease and final payment in the amount
of $58,612.45 to Mancil's Tractor Service, Inc., for completion of the S.W. 2nd Street
Beautification Project (Bid No. 2012 -14). This item complies with Code of Ordinances
Chapter 36, Section 36.06, "Change Orders ", (A)(2), "City Commission Approved
Contracts; Within the Scope of Work ". Funding is available from 334 - 3162 -541 -65.95
(General Construction Fund: Capital Outlay /S.W. 2nd Street Beautification) and 448-
5461 -538 -65.95 (Storm Water Utility Fund: Other Improvements /S.W. Street
Beautification).
8.I. CONTRACT FOR CONSULTING AND PROFESSIONAL
SERVICES /CENTER FOR ENTERPRISE OPPORTUNITY/ COMMUNITY
REDEVELOPMENT AGENCY_ (CRU Approve a Contract for Consulting and
Professional Service between the City of Delray Beach, Center for Enterprise
Opportunity and the Community Redevelopment Agency (CRA) in the amount of
$50,000.00 for microenterprise development. Funding is available from 118- 1965 -559-
49.59 (Neighborhood Services: Other Current Charges/Micro Lending) and 118 -1930-
559- 49.50 (Neighborhood Services: Other Current Charges /Micro Lending).
8.J. SERVICE AUTHORIZATION NO. 07 /CB & I COASTAL
PLANNING & ENGINEERING, INC.: Approve Service Authorization No. 7 with CB
& I Coastal Planning and Engineering, Inc. in the amount of $76,490.00 for professional
services related to post beach renourishment Florida Department of Environmental
Protection permit requirements. This is in compliance with Code of Ordinances Chapter
36, Section 36.02, "Methods of Acquisition ", (C) "Direct Acquisition Method ", (3),
"Professional Services ". Funding is available from 332 - 4164 -572 -31.30 (Beach
Restoration Fund: Professional Services /Engineering /Architectural).
S.K. CHANGE ORDER NO. 2IMANCIL'S TRACTOR SERVICE, INC.:
Approve Change Order No. 2 to Mancil's Tractor Service, Inc. in the amount of
$14,700.25 and grant an extension of the contract deadline ten (10) calendar days for
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completion of additional scope of work for the N.E. 1" Avenue Improvements Project
(Project No. 12 -042). This is in compliance with Code of Ordinances Chapter 36, Section
36.06, "Change Orders ", (A)(3), "City Commission Approved Contracts; Extension of
Completion Dates ". Funding will be provided from the Contract Unforeseen Conditions
Allowance.
8.L. RESOLUTION NO. 33 -14: Approve Resolution No. 33 -14 assessing
costs for abatement action required to remove nuisances on three (3) properties
throughout the City of Delray Beach.
The caption of Resolution No. 33 -14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT
TO CHAPTER 100 OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, ASSESSING
COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ABATEMENT OF NUISANCES; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THIS. RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 33 -14 is on file in the City Clerk's
office.)
S.M. PROCLAMATIONS:
1. None
S.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period June 30, 2014 through July 11, 2014.
8.0. AWARD OF BIDS AND CONTRACTS:
L Purchase award to Transmap Corporation in the amount of
$22,834.00 for sign inventory (Project No. 14 -084). This award is
in compliance with Code of Ordinances Chapter 36, Section 36.02
(C)(6)(a), "Sole Source and City Standard "; Section 36.03 (A),
"Acquisitions of Twenty -Five Thousand Dollars ($25,000.00) or
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Greater" and Section 36.03 (B), "Multiple Acquisitions from
Vendor Exceeding Twenty -Five Thousand Dollars in Any Fiscal
Year ". Funding is available from 334 - 3162 -541 -46.90 (General
Construction Fund: Repair & Maintenance Services /Other
Repair/Maintenance Costs).
Mr. Frankel moved to approve the Consent Agenda as amended, seconded
by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor
Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes;
Deputy Vice Mayor Jarjura Yes. Said motion passed with a 5 to 0 vote.
9.
REGULAR AGENDA:
9.A. FINAL SUBDIVISION PLAT AND WAIVER
REQUEST /SALVATORI- GALLOWAY: Consider approval of a final subdivision plat
for a proposed two -lot single family subdivision; and a waiver request to Land
Development Regulations (LDR) Section 4.3.4(K) to reduce the minimum lot size from
7,500 square feet to 6,120 square feet with Salvatori- Galloway for the proposed Lot 2 of
the subdivision located at the southeast corner of N.E. 2nd Avenue and N.E. 13th Street.
(Quasi - Judicial Hearing)
Mayor Glickstein read the City of Delray Beach Quasi - Judicial rules into
the record for this item and all subsequent Quasi - Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Glickstein asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Dana Little, Director of Planning and Zoning, entered the Planning and
Zoning Department project file 92014 -136 into the record.
Mr. Little stated the site is a 0.348 acre site consisting of portions of three
platted lots that were there previously. The single fancily residence was constructed on
the east side of the property in 1989. Mr. Little stated an additional single family
residence existed in the middle parcel that was constructed in 1948 and was recently
demolished. The south 48 feet of the parcel (3 lots) was sold several years and a single
family home was constructed there in 1933. Mr. Little stated the applicant is proposing
to replat the property into two (2) single family lots; requesting a waiver to the minimum
lot size requirements pursuant to LDR Section 3.1.1, this proposal is consistent with the
Future Land Use Map, meets the concurrency standards, and is consistent with the
Comprehensive Plan. However, the proposal does not meet the requirements of the LDR
Section 4.3.4(K) (Development Standards Matrix). The proposed final plat creates Lot 1
(corner lot) and Lot 2 and it has a proposed square footage of 8,611 square feet. He
stated part of the final plat includes a Tract "A" a five foot (5') dedication to the public
right -of -way as well as a non - vehicular access line. Mr. Little stated Lot 2 is 6,120
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square feet which does not meet the minimum lot standards. The minimum lot standards
are identified in the development standards matrix and the existing parcel is 15,168
square feet and the minimum square footage for that parcel is 7,500 square feet. Mr.
Little stated Lot 1 meets the minimum lot square footage standard; however, Lot 2 (6,120
square feet) does not meet the minimum standard. Pursuant to LDR Section 4.3.1(D),
"lots or yards created after October 1, 1990 shall meet the minimum requirements
established by Chapter 4, unless the City Commission declares at the time of approval
of an associated development application, that it is necessary and appropriate to create
such nonconformity." Mr. Little stated the granting of waivers per LDR Section
2.4.7(B)(5) that the body granting the waiver shall make findings that the waiver shall not
adversely affect the neighboring area; shall not significantly diminish the provision of
public facilities; shall not create an unsafe situation; and does not result in the grant of a
special privilege in that the same waiver would be granted under similar circumstances
on other property for another applicant or owner. Staff believes that the proposal satisfies
these findings. Mr. Little stated there is a large range of lot types throughout the
neighborhood (from 50 to over 100 feet in width) and staff found that 19 of the 29 lots
existing on N.E. 13a' Street between Blocks 1 and 4 are actually sixty (60) feet wide or
less. Mr. Little stated minor subdivisions are not reviewed by the Planning and Zoning
Board, however, courtesy notices were sent out to the Neighborhood Advisory Council,
Delray Citizen's Coalition, and Del -Ida Park. Formal public notice of the proposed
waiver was provided to all property owners and to date the Planning and Zoning
Department has not received any notice of opposition to replat. Further notice of
objection or support, if any will be provided to the City Commission. Staff recommends
approval of the waiver request to LDR Section 4.3.4(K) (Development Standards Matrix)
to reduce the lot size of Lot 2 from 7,500 square feet to 6,120 square feet and the plat
approval for the Salvatori- Galloway Plat by adopting the findings of fact contained in the
staff report.
Mike Vonder Meulen, Keith & Associates, Inc., 301 East Atlantic
Boulevard Pompano Beach FL 33060 stated he is present for any questions the
Commission may have and concurs with staff's recommendations.
There being no one from the public who wished to address the
Commission regarding the final subdivision plat and waiver request for Salvatori-
Gailoway, the public comment was closed.
There was no cross - examination or rebuttal.
Vice Mayor Petrolia inquired about the 19 of the 29 surrounding homes
had sixty (60) foot wide entrances. Mr. Little stated that 19 of the 29 surrounding homes
had sixty (60) foot wide lots or less and across the street is a comparable condition. Vice
Mayor Petrolia stated her concern is more with the square footage of the lot versus the
width of the lot. She asked of those 29 properties how many less than 7,500 square feet.
Mr. Little stated knowing the lot depths are virtually the same all the way across with a
number of them being 60 foot wide or less, which would conclude that they are in the
range of 6,500. Vice Mayor Petrolia stated the depth is different and she feels they are
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not really equal; the ones on the end might be a little bit wider but she feels the depth has
been cheated by a full lot.
Brief discussion followed between Vice Mayor Petrolia and Mr. Little
regarding the total of proposed Lot 1 and proposed Lot 2. Mr. Little stated there is a five
(5) foot dedication that is being considered. Mr. Little stated the existing lot minus the
dedication adds to the final lot sizes. Vice Mayor Petrolia asked why the City has the
rule of the minimum lot size. Mr. Little stated that was established in 1990 and standards
were different then for what a reasonable lot size should be. He stated it is consistent
with what is already in the neighborhood Mr. Little stated originally it was three (3) lots
and this is being reduced to two (2) homes and the concurrency impacts there would be
less.
Mayor Glickstein stated the minimum lot size was established primarily in
connection with newer subdivisions as opposed to some areas where there is a mix of
configurations and sizes. For that reason, Mayor Glickstein feels this can be
distinguished without it being a precedent and he supports it.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Frankel moved to approve the waiver pursuant to the Board Order to
LDR Section 4.3.4(K), seconded by Vice Mayor Petrolia. Upon roll call the Commission
voted as follows: Vice Mayor Petrolia — Yes; Mr. Jacquet Yes; Mr. Frankel Yes;
Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 5
to 0 vote.
Mr. Frankel moved to approve the Salvatori - Galloway Plat pursuant to the
Board Order, 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, the time being 7:01 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
N.A. PUBLIC COMMENTS/FY 2015 PROPOSED BUDGET: The City
Commission will hear public comments, if any, regarding the FY 2015 Proposed Budget
at this time.
Mayor Glickstein declared the public hearing open.
Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483
{Chairman of S.A.F.E.), stated that as the City grows he suggested to add new staff
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07/15/14
positions to meet and manage the challenges of that growth. Mr. Smith if the City had a
Traffic Engineer and LDR authority last year the City would have been able to conduct
an unbiased factual traffic count, projected traffic flow analysis and require Atlantic
Crossing and other developers to reimburse the City's for those studies. Mr. Smith stated
the City would not have had to hire an outside consultant to conduct the study; a Traffic
Engineer will self -fund over time and he urged the City to look into getting this started.
He stated FDOT is willing to provide funding up to $75,000 to fund the position of a
Traffic Engineer and S.A.F.E. is willing to work with FDOT. Mr. Smith stated Boca
Raton has been successful using this program for over 12 years and West Palm Beach for
6 years. Mr. Smith urged the City to budget for a Ped/Bike Coordinator and let S.A.F.E.
help obtain funding for this position and let the voters decide in March whether Delray
Beach needs an Internal Auditor to review its operations.
Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach FL 33444 President of the Board of Directors of Tierra Verde at Delray
Reach and Member of the Alliance), commented about the budget and stated he has not
seen nothing major as far as producing dollars for Delray Beach. In his opinion, Dr.
Kirson stated we should not be focusing on Delray Beach tourist industry but we should
be focusing on Delray Beach residents by lowering their taxes and producing dollars
from the tourists (includes Boca Raton and Boynton Beach). Dr. Kirson suggested that
Delray Beach charge non- residents to use the beach and as Boca Raton does charge
$20.00 to use the beach for the entire day.
Peter Hummanik, 704 N.E. 5th Street, Delray Beach, FL 33483, briefly
commented about the Traffic Engineer position and the Internal Auditor position.
Yvonne Odom, 3905 Lowson Boulevard, Delray Beach, FL 33445,
urged the Commission to consider the following as top priorities in the budget: Parks and
Recreation because she feels that esthetically the parks should be beautiful; Police and
Fire (safety), and Code Enforcement.
Cindi Freeburn 371 East Mallory Circle Delray Beach FL 33483
concurs with comments expressed by Mr. Smith. Ms. Freeburn expressed concern over
the number of entities that are involved in the special events. Ms. Freeburn stated before
the voting on the budget, she requested an analysis from Mr. Jack Warner of the events
that are run in a fiscal year by all the different entities, to whom do they serve and what is
the purpose for the event so that everyone can get an idea of how much the taxpayers are
paying for support of extra police, trash collection, etc. She feels this needs to be looked
at from a fiscal point of view and suggested that there be a person or department that all
these marketing events reported to in the city where you could take a strategic look at
what the City is spending on the events and if they serve the tourists do they fill the hotel
rooms, what are the taxpayers paying for these events and what is the return on
investment for the City.
Mayor Glickstein declared the public hearing closed.
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10.11. RESOLUTION NO. 29 -14: Consider approval of Resolution No. 29 -14
establishing a budget for the Stormwater Utility System, establishing the rates for FY
2015 Stormwater Management Assessments, and certifying and adopting the Stormwater
Assessment Roll.
office.)
The caption of Resolution No. 29 -14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
ESTABLISHING A BUDGET FOR THE
STORMWATER UTILITY SYSTEM; ESTABLISHING
RATES FOR STORMWATER MANAGEMENT
ASSESSMENTS FOR EACH PARCEL WITHIN THE
BENEFITTED AREA, OTHER THAN NON- ASSESSED
PROPERTY; PROVIDING FOR A PUBLIC HEARING;
PROVIDING FOR THE CERTIFICATION AND
ADOPTION OF THE STORMWATER ASSESSMENT
ROLL IN ACCORDANCE WITH CHAPTER 56 OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA; AND PROVIDING AN EFFECTIVE
DATE.
(The official copy of Resolution No. 29 -14 is on file in the City Clerk's
Mayor Glickstein declared the public hearing open.
Randal Krejcarek, Director of Environmental Services, stated the
stormwater utility annual assessment rates have stayed the same as last year. He stated
the last time the rates were reviewed was in 2006; staff was going to look at the rates in
2009/2010 however, due to the economic conditions staff did not come back to the
Commission at that point in time. Mr. Krejcarek stated staff s intent is to go back to
perform a rate study to see if the rate needs to be adjusted for next year. Mr. Krejcarek
stated staff proposes for the rate to stay the same for this year.
Mayor Glickstein declared the public hearing closed.
The Interim City Manager reiterated that staff will perform a rate study
and bring before bringing it back before the City Commission. The Interim City
Manager stated staff will see that a schedule is developed to review the rates every five
(5) years.
Mr. Frankel moved to approve Resolution No. 29 -14, 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;
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Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
to.C. AMENDMENT TO THE DEVELOPMENT AGREEMENT AND
PURCHASE AND SALE AGREEMENTICANNERY ROW, LLC.: Consider
approval of an Amendment to the Development Agreement and Purchase and Sale
Agreement with Cannery Row, LLC., which provides that instead of the City having the
option to purchase a shell of a building on Lot 12 of Cannery Row Plat for $530,000.00,
the developer will give the City the property labeled Proposed Tract "O" on the plat for
park purposes.
Due to a conflict of interest for this item (Item 10.C.), Mayor Glickstein
declared a conflict of interest, recused himself and passed the gavel to Vice Mayor
Petrolia.
The City Attorney stated there is an existing Development Agreement and
a contract for the Purchase and Sale that provides the City an option to acquire a
converted shell unit within this development. The City Attorney stated the terms are such
that the City pays the actual costs for the building not to exceed $530,000.00. The City
Attorney stated on the Agenda tonight is an amendment to the Development Agreement
and the Contract for Purchase and Sale to give the City Commission an option to instead
acquire a site referred to as Tract "O" on the legal description and at the discretion of the
City Commission have a dedication of a second pocket park within the Cannery Row
development. The developer would dedicate the property at no cost to the City, bring
irrigation to the site, make landscape improvements and install brick pavers. The City
Attorney stated he understands when this matter was previously placed on the Agenda
there was discussion about the reference by the City Attorney to "Commission
discretion." Mr. Pfeffer stated he spoke to the prior City Attorney and reviewed the
agreement and believes the only reason it noted Commission discretion was because the
mechanics of this transaction provides the Commission with an option: (1) either proceed
under the existing agreement and acquire the shell unit for $530,000.00 or (2) enter into
this new agreement and instead have a dedication of the park. At the time of the original
agreement, the City Attorney stated there was some vision as to this being a community
facility for an arts park pocket park he received a telephone call this afternoon from the
CRA and in their redevelopment plan which is a work in progress they have now
amended it to delete the requirement that they provide any financial assistance for the
acquisition of the unfinished condominium unit.
Vice Mayor Petrolia declared the public hearing open.
Steve Blum, 115 Venetian Drive #C, Delray Beach, FL 33843 (Antilles
Homeowners' Association), expressed concern over the location of the pocket park and
asked if the park will be utilized by only residents of Cannery Row. Mr. Blum asked
what the $530,000.00 shell is worth right now and asked if the City can buy it for
$530,000.00 and if the property is worth $1 million or more he feels it would beneficial
for the City to buy it and then sell it back.
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John Metzger, Attorney with McDonald Hopkins LLC, 505 South
Flader Drive, Suite #300, West Palm Beach, FL 33401 (representing the developer),
stated the pocket park would not be for the sole benefit of the homeowners of Cannery
Row; it would be a public park. Mr. Metzger explained that the park would be identical
to the pocket park that exists at the northeast corner of the site now that is accessible
directly from the sidewalk and it would be on the inside of the homeowners development
but would be on the outside on the sidewalk and there will be a fence separating the park
from the community. Mr. Metzger stated this is not something the developer wanted in
the beginning of the design of the project; he is attempting to go back to the original
design of the community which would have the pocket park at each end. Mr. Metzger
stated the Community Center was something that the City had required of the developer
at the time which the developer agreed to do; however, because of organic growth that
has taken place since that time, the creation of other arts venues, etc. it is not something
that he believes that the City wants to go forward with at this time. The City can either
purchase the improved lot for $200,000.00 (includes the entire infrastructure that had to
be put in when the developer built this so it could be used for the proposed center) or to
buy the shell (the cost of the shell includes the $200,000.00 improved lot value; the shell
itself is an additional $330,000.00). Mr. Metzger stated there is no tax advantage to the
developer and the City Attorney addressed the issue about the reference of "Commission
discretion."
Rustem Ku i 205 Geor a Bush Boulevard Delray Beach FL 33444
(Architect for the project), briefly discussed the design of the project. In 2006, Mr.
Kupi stated the City had requested this community facility and at that time there was no
Artists Alley and there was nothing there. He stated on the northeast corner of the
property there is an existing pocket park and this would mimic that existing pocket park
on the southeast comer of the community so it will be accessible from the street from the
sidewalk.
There being no one else from the public who wished to address the
Commission, the public hearing was closed.
Deputy Vice Mayor Jarjura asked Jack Wainer, Chief Financial Officer if
he has done an assessment of the valuation of the property in response to Mr. Blum's
comment. Mr. Warner stated staff has not done a financial analysis of the property.
The City Attorney stated the reason it is stated "Commission discretion" is
because there is an existing agreement that gives the City Commission the
option/discretion to acquire the empty shell unit based on changed circumstances based
on today's conditions it appears that staff and the Attorney as well recognizes the
dedication of the park may be the preferred alternative but the City elects which
agreement and the path it chooses to take.
The Interim City Manager stated there is no unfinished shell existing at
this site at this time. However, if the City were to elect that option, then the developer
would provide the unfinished shell up to a certain amount which the City would pay for.
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Mr. Warner, Chief Financial Officer, stated staff has not done an analysis
on a financial basis looking at all the complex history of this and after discussing this
with Ms. Pyburn (former Interim City Attorney) on purely a fmancial basis, that this is
the right thing for the City to do.
Deputy Vice Mayor Jarjura asked for clarification about whether the City
is being deeded the property for $10.00. The City Attorney stated that on the site plan
will be a dedication for park purposes only.
Deputy Vice Mayor Jarjura asked how the design of the park would be
processed subsequent to tonight. Mr. Little stated staff would work closely with Parks
and Recreation and take it to the Site Plan Review and Appearance Board (SPRAB) to
approve any physical improvements to the site as a park and the Parks and Recreation
Board to make sure it was consistent with the objectives. The Interim City Manager
stated the developer will provide the City with the property with certain land
improvements such as landscaping, sod, etc. As far as the final state of the park, it can
remain for the public's use or Parks and Recreation could come forward and recommend
that the City put some amenities there (i.e. art). The Interim City Manager stated there is
currently no design; however, it will be turned over to the City with some improvements
which have been delineated in the proposal.
Mr. Frankel stated on the surface it looks like a great idea but also feels
this could be money generated to the City because of the area where it is located. Mr.
Frankel stated he feels the Commission should see a plan first.
Mr. Jacquet asked if the developer will pay the same amount of taxes if
that piece of property being discussed is a park, a shell building, or whatever else. Mr.
Metzger stated there is no tax advantage or deduction for the developer.
The Interim City Manager asked if the use of the property is dedicated to
the City who pays the taxes on the property. Mr. Metzger stated there would be no taxes
to the City. The Interim City Manager asked if the developer retained ownership and if
the City declined to take this offer would the developer still pay property taxes on it. Mr.
Metzger stated it would be like any other lot in the subdivision and the developer would
be able to develop it and build another residential unit on it. Mr. Metzger stated this
would be another advantage to the City because there would be one less dwelling unit
there.
Mr. Jacquet asked for clarification regarding the park.
The City Attorney stated the agreement reads as follows: "that the
developer will be responsible to install landscaping, paver bricks in a manner consistent
with the landscaping scheme of the project pursuant to a design plan made by the City
and approved by the seller."
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Deputy Vice Mayor Jarjura stated the way the agreement is currently
drafted the City would have to keep it as a community facility and she would much rather
see a pocket park and open space. Deputy Vice Mayor Jarjura stated she likes that the
agreement states "pursuant to a design plan made by the City and approved by the seller."
Deputy Vice Mayor Jarjura stated she believes the City needs more passive park space
and the fact that the City is designing the park space confirms that she supports this.
Mr. Frankel asked if anyone has reached out to the Arts Garage to see if
they are interested in buying this. Vice Mayor Petrolia stated she reached out to the CRA
to see if they were interested and there was none.
Vice Mayor Petrolia stated she does not see any reason not to support this.
She asked if there is a requirement for this developer to offer a park to the city. The City
Attorney stated there is no requirement. She stated the City does not need it for an
anchor for what it was originally intended which was to bring the arts to the Pineapple
Grove area; that happened organically over the timeframe that this project took to get to
this point and noted that she has reached out to different organizations to find out if the
City would need something like that but we do not. Secondly, Vice Mayor Petrolia stated
if the City gets the shell for $400,000.00 the City would still have to finish it and then sell
it. She stated she does not see the big return on value and to take that risk. Vice Mayor
Petrolia stated if the Commission does not do it, it becomes another townhouse that could
add to the tax base but having green space with those larger buildings would help to
break it up. Vice Mayor Petrolia stated she feels it is great that this was offered to the
City for the return of being able to utilize an open space for a $10.00 fee.
Brief discussion ensued between the Interim City Manager and Vice
Mayor Petrolia.
Commissioner Jacquet agrees that the City does need more green space
and gave a few brief comments.
Mr. Jacquet moved to deny Item 10.C.
The motion failed due to a lack of a second.
Deputy Vice Mayor Jarjura moved to approve Item 10.C., seconded by
Vice Mayor Petrolia (after passing the gavel to Deputy Vice Mayor Jarjura). Upon roll
call the Commission voted as follows: Deputy Vice Mayor Jarjum — Yes; Vice Mayor
Petrolia — Yes; Mr. Jacquet — No; Mr. Frankel — No. No action was taken due to a 2/2
vote.
At this point, the time being 7:47 p.m., Mayor Glickstein returned to the
dais and the City Commission moved back to Item 9.B. of the Regular Agenda.
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9.B. W_ AIVER REQUEST /402 NORTH OCEAN BOULEVARD: Consider
approval of a waiver request to Land Development Regulations (LDR) Section
6.1.3(1))(1)(b), "Relief from Sidewalk Installation; Residential; Waiver ", to allow relief
from the requirement for construction of a five foot (5') sidewalk along the north side of
Beach Drive in association with a North Beach Overlay District for the property located
at 402 North Ocean Boulevard. (Quasi - Judicial Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Dana Little, Director of Planning and Zoning, entered the file into the
record.
Mr. Little stated this is a sidewalk waiver request for construction of a 3-
story 4,194 square ft. building addition to a single family home. The property is in the
North Beach Overlay District and the project is in compliance with the Beach Property
Owners' Design Manual was confirmed on April 11, 2014. He stated the property fronts
onto North Ocean Boulevard and its southern boundary is adjacent to the north side of
Beach Drive. Pursuant to LDR Section 6.1.3(D)(1), construction of a minimum five (5)
foot sidewalk is required on the north side of Beach Drive. Mr. Little stated the applicant
is seeking relief from that requirement via this request. Mr. Little briefly reviewed the
required findings for granting waivers. He stated pursuant to LDR Section
6.1.3(D)(1)(b), a waiver may be granted where it is clear that the sidewalk system
proposed will not serve its intended purpose. On November 7, 2013, the DSMG
(Development Services Management Group) recommended approval to the City
Commission to accept the waiver for 402 North Ocean Boulevard to eliminate the
requirement for construction of a minimum five (5) foot sidewalk on the north side of
Beach Drive for the Sukup residence. Staff recommends approval of this waiver request
to allow the relief from the construction to a five (5) foot sidewalk on the north side of
Beach Side for 402 North Ocean Boulevard.
Roeer Cove, Cove_ Architects, Inc., 1141/ N.E. Vt Avenue, Delray
Beach, FL 33444, thanked Mr. Little and the Planning and Zoning staff for their work on
this. Mr. Cope urged the Commission to approve and stated he present for any questions
the Commission may have.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to please come forward at this time.
Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483
(Chairman of S.A.F.E.h expressed concern over the developer having structures in the
right -of -way because FDOT will only pay for the sidewalk on A -1 -A if there are no
structures in the right -of -way.
There being no one else from the public who wished to address the
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Commission regarding the waiver request, the public hearing was closed.
There was no cross - examination.
Mr. Cope stated the historic wall is not in the right -of -way but it is on
private property. Mr. Cope stated there is no improvement in the right -of -way and
DSMG reviewed their requirements along Beach Drive and found no reason not to
support the waiver.
Mr. Little had no rebuttal.
Vice Mayor Petrolia commented about where the sidewalk is going. Mr.
Little stated the requested waiver is for Beach Drive and the wall is on private property
and the sidewalk waiver is for a sidewalk to run along Beach Drive (south side of the
Property). Vice Mayor Petrolia stated that these sidewalk deferrals are needed elsewhere
in the city and she would like to see some action towards finding a way to not give this
constant waivers and instead have a way a way to be able to accumulate that to put in
other areas such as school zones. Vice Mayor Petrolia stated she supports the waiver
request because there is no other sidewalk there.
Deputy Vice Mayor Jarjura stated Randal Krejcarek today and in -lieu of
sidewalk deferrals to the Commission at a September Workshop meeting. She stated the
property is unique because of the existing historical wall and there is not enough space
for a sidewalk. Deputy Vice Mayor Jarjura stated because of the unique constraints of
the property she supports the waiver request. She stated if there is a funding source for
the sidewalk along A -1 -A she would like to pursue that outside of the city's resources.
Mr. Little stated he will work with Mr. Krej carek to come with something for the
Workshop meeting in September. Mr. Little stated it is a great idea to have a program
like that but there needs to be plan to where those funds would go.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Frankel moved to adopt the Board Order, 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.
9.C. WAIVER RE UESTS /CODA: Consider approval of two (2) waiver
requests to Land Development Regulations (LDR) Section 4.4.6(F)(3)(c), "Porch
Encroachments ", to allow 66% frontage for open front porches along S.W. 1St Avenue
and S.W. 2"d Avenue, whereas a maximum of 50% is allowed and Section 4.6.14(B)(6)
"Other Intersections ", to allow 30' sight visibility triangles at the intersections of S.W.
2 °d Avenue and S.W. 1St Avenue along S.W. lst Street, whereas 40' sight visibility
triangles are required for Coda located at the S.W. corner of S.W. 1St Street and S.W. 1st
Avenue. (Quasi - Judicial Hearing)
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Mayor Glickstein asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he has no new ex parte communications since the
last. disclosure. Deputy Vice Mayor Jarjura stated she heard this subject at the Planning
and Zoning Board; however, she cannot recall the date. Mayor Glickstein, Vice Mayor
Petrolia, and Commissioner Jacquet stated they had no ex parte communications to
disclose.
Dana Little, Director of Planning and Zoning, entered the Planning and
Zoning project file into the record.
Mr. Little stated the proposal is to complete the thirty -six (36) unit
townhome project for sixteen (16) additional townhomes for vacant land fronting S.E. I"
Street. The site is S.W. 1st Street between S.W. 2nd Avenue and S.W. 1st Avenue. The
applicant is requesting two (2) waivers. Pursuant to LDR Section 4.4.6(3)(c) - Porch
Encroachments states "Front porches cannot occupy more than fifty percent (50 %) of the
building frontage and cannot be enclosed in any manner." The applicant is seeking to
exceed the fifty percent (50 %) frontage requirement going to sixty -six percent (66 %) of
open porches along S.E. 1" Avenue and sixty -six percent (66 %) along S.E. 2 "d Avenue.
Mr. Little stated the applicant's statement is "The waiver will allow consistency with the
balance of the community and is integral to the architectural style of the community."
Mr. Little stated in addition to the 50% frontage requirement there is also a minimum
forty (40) foot sight visibility triangle. Mr. Little stated the applicant initially pursued a
waiver for a twenty (20) site visibility triangle and at the time staff supported a waiver for
a thirty (30) foot site visibility triangle which was later supported by the Site Plan Review
and Appearance Board ( SPRAB). On May 14, 2014, in association with a Class IV Site
Plan modification, SPRAB recommended approval to the City Commission for the
approval of the two requested waivers for CODA allowing an increase in the open porch
frontage from 50% to 66% for S.W. 1s' Avenue and S.W. 2 "d Avenue and allowing a
reduction in the site visibility triangle from forty (40) feet to twenty (20) feet. Staff
recommends approval of the waiver requests, the open front porches, and the site
visibility triangle.
Tim Hernandez. New Urban Communities. 398 N.E. 6th Avenue.
Delray Beach, FL 33483, (Applicant), stated if you actually drew a true site triangle
from the travel lane there would be a fifty (50) foot site triangle and from a public safety
standpoint he does not feel there is an issue.
There being no one from the public who wished to address the
Commission regarding the waiver requests, the public comment was closed.
Mr. Jacquet stated the increase of the open porch area is not a good idea.
Furthermore, Mr. Jacquet stated he lives near there and works at the courthouse; he does
not support reducing the site visibility corners with respect to safety. Mr. Jacquet stated
when coming out of S.E. P Avenue going north and you approach 2"d Street and look
left towards the railroad tracks many times you cannot see the cars coming and have to
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07/15/14
drive halfway into the street to be able to see the cars coming. In addition, Mr. Jacquet
stated it is also the corner on the one -way street and 3rd; the corner of 4tn and 1St Mr.
Jacquet stated reducing the site visibility will create an unsafe environment.
Mr. Jacquet moved to approve the waiver to LDR Section 4.4.6(F)(3)(c)
open porch area, 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.
Mr. Frankel moved to approve the waiver for the site visibility triangles,
seconded by Deputy Vice Mayor Jar ura. Upon roll call the Commission voted as
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,
Commissioner Jacquet dissenting.
9.D. WAIVER REQUESTS/SOFA DISTRICT LOFTS: Consider approval
of three (3) waiver requests for SOFA District Lofts to allow 9' from finished floor to
finished ceiling on the ground level, whereas 10' is required pursuant to Land
Development Regulations (LDR) Section 4.4.13(F)(1)(c), "Floor Height ", and to allow
57.87% glass transparency area on the ground level facing S.E. 1St Avenue, whereas a
minimum of 75% glass transparency area is required pursuant to Land Development
Regulations (LDR) Section 4.6.18(B)(14)(iv)(2), "Windows and Doors ", and to allow a
0' perimeter landscape strip along the south property line, whereas a minimum 5'
perimeter landscape strip is required pursuant to Land Development Regulations (LDR)
Section 4.6.16(H)(3)(d), "Landscaped Barrier ", for the property located on the east side
of S.E. 1St Avenue, south of S.W. 1St Street. (Quasi - Judicial Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he spoke to Jim Knight. Deputy Vice Mayor Jarjura
stated she heard this subject at a Planning and Zoning Board meeting; however, she
cannot recall the date. Vice Mayor Petrolia stated she had no ex parte communications to
disclose. Mr. Jacquet stated he had conversations with Jim Knight. Mayor Glickstein
stated he had no ex parte communications to disclose.
Dana Little, Director of Planning and Zoning, entered the Planning and
Zoning project file into the record.
Mr. Little stated the Sofa District Lofts is requesting three (3) waivers; this
is a five -story mixed use development including 76 residential units with commercial
tenant bays and parking on the ground level parking. The project is located on S.E. 1St
Avenue between S.E. 1St Street and S.E. 2nd Street. Mr. Little briefly reviewed the
standards for granting waivers. Mr. Little stated the applicant is requesting three (3)
waivers related to ground level minimum transparency requirements, minimum perimeter
landscape buffer requirements, and minimum ground floor ceiling height requirements.
He stated pursuant to LDR Section 4.6.18(B)(14)(iv)(2), the minimum transparency or
glass surface area on the ground floor wall area of all non- residential buildings shall be a
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minimum of 75% of the wall area for that elevation. The applicant is proposing a
transparent or glass surface is provided on the ground level at 57.87% along S.E. 1St
Avenue versus 75 %. The ground level has parking and there is a ramp at the southern
end that takes you up to the second level of parking. Mr. Little stated the second waiver
has to do with a minimum perimeter landscape buffer requirements pursuant to LDR
Section 4.6.16(H)(3)(d), a five foot (5') landscape bugger is required between the off -
street parking area or other vehicular use area, and the abutting adjacent property. He
stated the applicant is proposing a zero foot (0') landscape buffer at the west end of the
ramp. The third waiver is pursuant to LDR Section 4.4.13.(F)(1)(C), the minimum
ground floor ceiling height is ten feet (10'); Nine feet (9') has been proposed on all levels
of the Sofa District Lofts building. Mr. Little stated by providing a nine foot floor to
ceiling height on all levels the applicant is actually able to get five (5) floors in the 48 feet
height limit to the deck of the roof. Mr. Little stated this is an item that the Treasure
Coast Regional Planning Council has been looking at the revision of fixture LDRs. Mr.
Little stated he has discussed this with the applicant and noted this waiver has been
supported by staff from its inception. The applicant states "the majority of the ground
floor of the building is parking garage and 9' clear is ample clearance for vehicles." Mr.
Little stated the current proposal for the revised LDRs would stipulate a ten foot (10')
floor to ceiling height as a minimum provided such that waivers would not be allowed for
that. Mr. Little stated staff expressed concern the restricted ability to adaptively reuse the
ground floor. However, Mr. Little stated in his discussions with the applicant he believes
they understand the position. At its meeting of May 28, 2014, the SPRAB recommended
approval to the City Commission to allow the nine foot (9') floor to ceiling height waiver
to allow the 57.87% perimeter landscaping strip along the S.W. portion of the property
line. Staff recommends approval of these three (3) waiver requests for the Sofa Lofts
building, the nine foot (9') ground floor to ceiling height, the reduction of the 75 foot
ground level transparency, and the zero foot (0) perimeter landscape buffer where the
parking garage meets the ground plane at the S.W. corner of the property.
Joe White, Applicant, briefly spoke about the project and stated they
have received unanimous support on everything that they have sought with the exception
being the last meeting for these waivers in front of the SPRAB. Mr. White stated they
have attempted to maximize the development to provide as much as they can to the city
in the form of both retail, office, Class "A" office, and residential units.
Richard Jones Architecture, Inc., 10 S.E. V Avenue, Ste. "A ", Delray
Beach, FL 33444 stated they were before the City Commission several months ago for a
conditional use for density for the Sofa District Office and Lofts. Mr. Jones stated this
project will potentially help to bring life to S.E. 1St Avenue. He stated this is a mixed -use
project 76 for sale condo units retail Class "A" office and complete with streetscape
which leads from Atlantic Avenue to S.E. 2 °d. Mr. Jones stated they are requested three
(3) waivers versus seven (7) waivers that they requested at the time of the conditional
use. Mr. Jones brief reviewed the waiver requests. Mr. Jones stated he had a discussion
with Mr. Little about moving forward and potential changes to the LDRs and what they
would need to bring forth on future projects and what they would need to incorporate in
such projects moving forward. Mr. Jones briefly reviewed the design of the building.
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Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the waiver requests, to please come forward at this time.
Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483
Chairman of S.A.F.E. ), read a brief statement into the record and S.A.F.E. supports this
project. Mr. Smith stated this project will help attract people to walk and bicycle more
and drive less in downtown Delray.
Kevin Homer, 319 S.E. 3rd Avenue, Delray Beach, FL 33483 (Osceola
Park ), supports this project.
Dorcus Lucien, 229 S.E. 2 "1 Avenue,_ Delray Beach, FL 33444 (has
worked in the community for the past 24 ears ), stated she supports the waiver
requests because she feels this project will create a lot of jobs and make it much safer for
the community.
Albert Jerome 229 S.E. 2 "d Avenue Delray Beach FL 33444 owns a
grocery store at this location), stated improvements are needed to the southeast area
because it would help the community, for the people who live in the area, and for
security.
There being no one else from the public who wished to address the
Commission regarding the waiver requests, the public comment was closed.
There was no cross - examination from Mr. Little.
The applicant gave the following rebuttal:
Mr. White asked Mr. Little to discuss the possible parking regulation
changes. Mr. Little stated there is discussion at this point about looking at some parking
reductions especially for some uses such as hotels. Mr. Little stated other things that are
considered relative to parking for instance identifying area zones of payment in -lieu areas
where proximity to a parking concentration (i.e. Arts Garage) and if you are within 750
feet of that garage you can automatically can participate in the payment and in -lieu of
program as opposed to it being a hardship condition. Mr. Little stated staff is still going
through staff review and the first draft of recommendations is going to be made to
Advisory Boards starting the end of this month and into August.
There was no rebuttal.
Deputy Vice Mayor Jar ura stated at the time when this applicant came
before her when she was on the Planning and Zoning Board she believes there were
seven (7) waivers and is happy to see that the applicant has reduced it. With a respect to
the ground level minimum transparency requirements because of the articulation and the
design of the rest of the building and the use of the ground floor, it is a beautiful
transparent design with the use of glass so she is happy to see that investment. Deputy
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Vice Mayor Jarjura stated she supports these waivers and she is happy the developer has
worked with staff to reduce the waiver requests to three (3) waivers.
Mr. Jacquet stated this project started quite some time ago and with the
changes that people were anticipating, he feels the applicant has worked very well with
the community and the City has been asking for Class "A" office space and there is great
opportunity to bring it forward. Mr. Jacquet stated he concurs with comments expressed
by Deputy Vice Mayor Jarjura about the glass, transparency, and uniqueness of this
building and use of the ground floor makes it doable.
Vice Mayor Petrolia stated she believes what we are going to see is
something that is highly intense on that property with no setbacks or green space. She
stated it is a lot of hardscape and not a lot of streetscape although she understands that it
is energizing this area. Vice Mayor Petrolia expressed concern nine foot (T) ground
level floor to ceiling height; however, she concurs that they did a nice job as far as the
glass.
Mayor Glickstein stated he does not have an issue with the waivers for the
transparency or the landscaping. In terms of the transparency, Mayor Glickstein stated
the objective of what that LDR is requiring is met with the articulation and the style of
architecture with the exception of the first floor ceiling height. He stated while staff is
working off of current rules, this is a waiver and this is not by right. Mayor Glickstein
stated the reason for the additional height on the ground floor serves two purposes: (1) it
provides an architectural base for the building, and (2) re- purposing of the building which
is in this case would be less relevant for future projects because most of that space will be
occupied by parking. Mayor Glickstein expressed concern over the minimum ground
floor ceiling height waiver. He stated architecturally the building would be enhanced
significantly with a higher first floor.
Brief discussion between Mr. Little and Mayor Glickstein followed.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Frankel moved to approve the Board Order, seconded by Deputy
Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mr. Frankel —
Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia —
Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
9.E. WAIVER REQUESTS /SOFA DISTRICT OFFICES; Consider
approval of three (3) waiver requests to Land Development Regulations (LDR) Sections
4.6.18(B)(14)(iv)(2), "Windows and Doors "; Section 4.6.14(B)(1), "Driveway
Intersecting Street or Alley "; and Section 4.4.13(F)(4)(c)(2), "Upper Levels ", for SOFA
District Offices located at the northeast corner of S.E. 1st Avenue and S.E. I" Street.
(Quasi- Judicial Hearing)
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Mayor Glickstein asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he spoke to Jim Knight. Deputy Vice Mayor Jarjura
stated she heard this subject at a Planning and Zoning Board meeting, however, she
cannot recall the date. Vice Mayor Petrolia stated she had no ex parte communications to
disclose. Mr. Jacquet stated he had conversations with Jim Knight. Mayor Glickstein
stated he had no ex parte communications to disclose.
Dana Little, Director of Planning and Zoning, entered the Planning and
Zoning project file into the record.
Mr. Little stated this is the accompanying project with the SOFA District
Lofts to the south and is a proposed 4 -story mixed use office commercial building with
ground level parking and shared parking arrangements with the SOFA district loft site to
the south. He stated the project is located along S.E. 1St Avenue north of S.E. 1St Street.
Mr. Little briefly reviewed the waiver justification pursuant to LDR Section 2.4.7(B)(5)
and it is seeking three waivers; one to the ground level transparency requirement, . site
visibility triangle requirements, and upper level floor area requirements. The applicant is
proposing a glass surface area of 38.9% along S.E. 1St Avenue and 55.9% along S.E. 1St
Street. The applicant's request was that to gain the waiver to the 75% ground floor
transparency currently. Mr. Little stated pursuant to LDR Section 4.4.13(F)(4)(c)(2) "the
floor area for each floor contained within the portion of the structure that is 25 feet to 48
feet in height shall not exceed 70% of the floor area contained within the allowable
ground level footprint." The applicant is requesting a waiver for this requirement at the
third level to allow for a ground floor area percentage of eighty percent (80 %). The
applicant's justification is that they meet all the setback requirements to reduce the mass
of the building at the third level and the extra square footage on the third floor is justified
towards the alley (the Worthing Place side) and it is indistinguishable from the street.
Staff initially interpreted the upper floor area waiver percentage to be 92.87% because
that floor area should include open terraces and balconies. Mr. Little stated SPRAB
revisited it and supported the applicant's position and staff's position has also changed
and they believe the setbacks are enough. Therefore, Mr. Little stated staff has since
changed their interpretation to be consistent with the applicant's. On May 28, 2014, Mr.
Little stated an association with a Class V site plan modification the Site Plan Review
and Appearance Board ( SPRAB) recommended approval to the City Commission to
allow the request regarding the ground level transparency. However, Mr. Little stated
SPRAB did not support the waiver for the upper level area requirements. Staff still
recommends that because they believe the applicant has done a very good job in terms of
justifying that additional square footage towards the alley and urged the City Commission
approve these three waivers.
Joe White, Applicant, briefly discussed the building height.
Richard Jones, Richard Jones Architecture, Inc., 10 S.E. 1st Avenue,
Ste. "A" Delray Beach FL 33444 briefly discussed the Class "A" office space and the
streetscape.
There being no one from the public who wished to address the
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Commission regarding the waiver request, the public comment was closed.
There was no cross - examination.
The applicant gave the following rebuttal:
Mr. White stated some of the additional green scape has been added to
both buildings.
Vice Mayor Petrolia stated this is a big improvement and it is a classic
building.
Mayor Glickstein stated the architecture is superb and it illustrates the
importance of a base of the building. Mayor Glickstein stated in this case, it is a great
design and he looks forward to seeing it move forward.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Frankel moved to adopt the Board Order, 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.
9.F. REQUEST FOR A SIDEWALK DEFERRAL /SOUTHGATE
MOTEL: Consider an agreement to defer installing a sidewalk along the east side of Old
Dixie Highway for a Class V Site Plan associated with the Southgate Motel located at
1600 North Federal Highway.
Dana Little, Director of Planning and Zoning, stated the subject property
consists of 0.67 acres and contains an existing 3,937 square foot one -story 10 -room motel
with associated parking and landscaping. The applicant proposes to demolish the
existing building and construct a new 11,795 square foot two -story 29 -room motel with
associated parking, landscaping, swimming pool with bathroom facilities and outdoor
grill area. Pursuant to LDR Section 6.1.3(B)(1) construction of a minimum five foot (5')
sidewalk is required along the east side of Old Dixie Highway. The owner wishes to
defer immediate construction of a five foot (5') sidewalk along the west property line
after dedication along Old Dixie Highway. Mr. Little stated no other sidewalks exist
along this portion. However, recently he stated Good will properties which abuts
Southgate Motel to the north was required to construct a new sidewalk along Old Dixie
Highway in association with a Class III site plan modification approved by SPRAB in
December 2013. Mr. Little stated other new developments situated between South
Federal Highway and Old Dixie Highway have been required to construct a m'in'imum
five foot (5') sidewalk along the property frontage and thus no deferrals have been
supported in this area. At its meeting of February 13, 2014, the Development Services
Management Group (DSMG) did not support the sidewalk deferral and recommended
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immediate construction of a minimum five foot (5') sidewalk adjacent to Old Dixie
Highway. The Planning and Zoning Department recommends that the City Commission
not accept the request to defer the construction of this sidewalk and direct the applicant to
build a sidewalk at the commencement of construction.
Mr. Frankel asked why Mr. Currie is requesting this sidewalk deferral.
Bob Currie, Currie Sowards Aeuila Architects, 185 N.E. 4th Avenue,
Suite 4101, Delray Beach, FL 33483, stated they granted the City twenty (20) feet of
their property on Old Dixie Highway. Mr. Currie stated if someone puts a sidewalk
adjacent to theirs then they will install their sidewalk.
Mark McDonnell, Assistant Planning and Zoning Director, stated there is
an approved sidewalk for the frontage of the Goodwill property immediately north of
this. Mr. McDonnell stated they are currently under construction building and they were
having trouble with people at night going into the donation containers so they are
building a containment area with a drop -off area. He stated part of the development
approval was to build this sidewalk and it will be constructed with the construction of this
addition for Goodwill.
Mayor Glickstein commented that the applicant cannot get their CO
without building a sidewalk.
At this point, Commissioner Jacquet left the dais.
Deputy Vice Mayor Jarjura concurred with comments expressed by Mayor
Glickstein.
Deputy Vice Mayor Jarjura moved to deny the request for the sidewalk
deferral for Southgate Motel, seconded by Vice Mayor Petrolia. Upon roll call the
Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr.
Frankel — No; Deputy Vice Mayor Jarjura — Yes. Said motion to DENY the request was
approved with a 3 to 1 vote, Commissioner Frankel dissenting.
9.G. COUNTER PROPOSAL TO SETTLEMENT AGREEMENT WITH
MR. LOUIE CHAPMAN, .1R.: Consider a counter proposal to a settlement agreement
with Mr. Louie Chapman, Jr. to settle his employment claims.
The City Attorney stated this is a counter proposal to a settlement
agreement with former City Manager Louie Chapman, Jr. At the July 5, 2014, City
Commission meeting considered a settlement that had the following terms: (1)
resignation effective July 15, 2014, (2) 20 weeks' severance pay, (3) payment of the
existing vacation balances, and (4) the City Manager portion of the pension payments, (5)
mutual non - disparagement clauses, and (6) a letter will be placed in a personnel file with
the City Manager documenting settlement. The City Attorney stated with a 4 to 1 vote
(Vice Mayor Petrolia dissenting) the City Commission made a counter -offer to include
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the additional terms: (1) replace the phrase "revoke" the suspension with "terminate" the
suspension, (2) act in good faith before instigating any further investigations, and the
agreement will terminate if the City Manager is convicted of a felony. The City Attorney
stated if there are future settlement agreements from employees, he will not use this
agreement and the City Commission would see a substantially different form used by
him. The City Attorney asked the City Commission to include one amendment
specifically the Exhibit which is the letter to be placed in Mr. Chapman's file. The last
sentence of that letter currently reads as follows: "Mr. Chapman's 90 -day suspension is
terminated and a reprimand is given to him as a result of the investigation. His reprimand
will be placed in his personnel file." The City Attorney requested that the City
Commission approve this with the following amendment to read as follows: "Mr.
Chapman has tenured his resignation and the 90 -day suspension is now terminated and
this letter will be placed in his personnel file to memorialize the matter."
For the record, Deputy Vice Mayor Jarjura stated she would like to clarify
for the residents who drafted this agreement. The City Attorney stated the origin of this
agreement is based on a settlement agreement used by the City of Delray Beach a couple
of years ago with another employee and is almost unchanged in its initial form from that
draft. Brief discussion continued between the City Attorney and Deputy Vice Mayor
Jarjura. The City Attorney stated his understanding is severance is salary only and Mr.
Chapman is getting vacation balances and a return of his portion of his pension payments
and he is not accruing it during the twenty (20) week period.
Vice Mayor Petrolia stated she does not support the counter proposal.
Mr. Frankel stated he appreciates what the City Attorney has done and
appreciates Deputy Vice Mayor Jarjura's suggestions and comments at the last meeting.
For the record, Mr. Frankel stated Mr. Katz made some derogatory and offensive
comments about Deputy Vice Mayor Jarjura on social media.
Mr. Jacquet stated he applauds the City Attorney has gone above and
beyond and gave kudos to Deputy Vice Mayor Jarjura for her comments at the last
meeting. He stated it is about finding what is best for the city and at this point he feels
this is the best step to take.
Mayor Glickstein stated the settlement is distasteful and felt the conduct of
Mr. Chapman warned it termination for cause which would have entitled the employee to
no compensation at all. However, Mayor Glickstein stated this city needs closure and
needs to move forward, and staff needs a permanent City Manager. Mayor Glickstein
stated he supports it with the changes to Exhibit "A ".
Mr. Frankel moved to approve the proposal for settlement agreement with
the amendment to Exhibit "A" (as stated by the City Attorney), seconded by Deputy Vice
Mayor Jarjura. 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 — Yes. Said motion passed with a 4 to 1 vote, Vice Mayor Petrolia dissenting.
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9.H. REVIEW OF EXECUTIVE PLACEMENT FIRMS TO CONDUCT
A CITY MANAGER SEARCH FOR THE CITY OF DELRAY BEACH: Provide
direction regarding the use of an Executive Placement Firm to conduct a City Manager
search for the City of Delray Beach.
The City Attorney stated he researched and identified some leading
executive placement firms who have extensive experience with City Manager and
executive position placements in the State of Florida. The City Attorney identified four
(4) of the leading recruitment firms: (1) Colin Baenziger & Associates, (2) The Mercer
Group, Inc., (3) Slavin Management Consultants and (4) Renee Narloch & Associates
(formerly Bob Murphy and Associates) which all have Florida offices and all use a
similar protocol in their selection of City Manager. The City Attorney stated he gave a
summary of each of the firms that gave each of the relevant substantive points with
respect to the price, terms, and some of their prior experience.
Mayor Glickstein stated he called several references for each firm and
they all spoke very favorably. He stated the two top firms for him are (1) Colin
Baenziger & Associates and (4) S. Renee Narloch & Associates (formerly Bob Murphy
and Associates) because S. Renee Narloch & Associates supplied a list of not just the
cities where they have hired a City Manager but a list of whether or not they are still
there. Mayor Glickstein stated he asked the City Attorney to contact the firms to see if
they would be available for an interview. Mayor Glickstein suggested that the
Commission have a daytime special meeting for an interview so that each Commissioner
could pose questions they want. Mayor Glickstein stated it is important that whoever the
Commission hires that there is community input into this criteria because he does not
want to see the City Commission dictating the criteria for the City Manager entirely.
Mr. Frankel stated the City previously used a City Manager in Boynton
and he was not happy with the process or the candidate.
Mayor Glickstein stated they were not professionals but they were City
Managers that are volunteering. He stated the City paid nothing for that service.
The Interim City Manager stated his retired colleagues are now Range
Writers and provide a good service; however, usually it is for smaller communities that
are limited in their resources. He believes that an Executive Search Firm will provide the
City Commission with the assurance that it is done as thoroughly and professionally as it
can be done by people who know what they are doing.
Mr. Frankel suggested offering Mr. Stewart a temporary contract and
stated Mr. Stewart is doing a great job.
Mayor Glickstein stated he concurs with Commissioner Frankel that Mr.
Stewart is doing a great job and encouraged him if he is interested in the position of City
Manager to apply.
Deputy Vice Mayor 7arjura ,stated she concurs with comments expressed
by Mayor Glickstein that she is very pleased with Mr. Stewart and she is impressed with
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his responsiveness and the informative weekly reports. Deputy Vice Mayor Jarjura stated
the City needs to have an open and public process.
The Interim City Manager stated the Commission is going to extend his
contract they will need to place this on the August 5, 2014 agenda because his contract
with the City expires on August 11, 2014.
The City Attorney stated what is more relevant is the notice and
recommended having a continuing contract that can be terminated by providing so many
days' notice (i.e. 30 days advanced notice of a termination).
After brief discussion, it was the consensus of the City Commission to
have a Special meeting if possible to be prepared to give a ten (10) minute presentation
with Q &A to follow.
9_I. DESIGNATION OF VOTING DELEGATE: Designate the City's
voting delegate to the Florida League of Cities' 88t" Annual Conference to be held at
Westin Diplomat in Hollywood, Florida on August 14 -16, 2014.
Vice Mayor Petrolia moved to designate Mr. Frankel as the City's voting
delegate to the Florida League of Cities' 88th Annual Conference to be held August 14-
16, 2014, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows:
Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor
Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote.
9.J. IN -LIEU OF PARKING FEE REQUESUMINDFUL
MANAGEMENT: Consider approval of a request from Mindful Management for the
purchase of two (2) in -lieu parking spaces located at 280 -290 N.E. 2n Avenue at a cost of
$7,800.00 each totaling $15,600.00 to be paid in full upon issuance of a building permit.
Scott Aronson, Parking Facilities Manager, stated this item should be a
Quasi- Judicial Hearing.
The City Attorney stated the item cannot be considered this evening
because it is not listed as a Quasi - Judicial Hearing.
Mr. Frankel moved to approve to defer this item to the August 5, 2014,
seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet
— Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes;
Vice Mayor Petrolia -- Yes. Said motion passed with a 5 to 0 vote.
9.K. PROPOSED MILLAGE RATE: Consider approval of a proposed
millage rate for FY 2015, and set the budget review and adoption schedule.
Jack Warner, Chief Financial Officer, gave a brief overview of the budget
and stated this is a transition budget and transition year. Mr. Warner briefly discussed the
recommendations and stated the City's millage is almost nine- tenths of a percentage
higher now than it was in 2008. Mr. Warner stated for fiscal year 2014 the operating
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millage rate is 7.1611 and the debt service millage rate is 0.3453 for a total millage of
7.5064. For fiscal year 2015 the debt service millage will decrease to 0.3028. The
Commission is being asked to consider keeping the operating millage for fiscal year 2015
the same at 7.1611 for a total millage of 7.4639. Staff recommends that the City
Commission set a maximum total millage of 7.4639 for fiscal year 2015
(7.16111operating and 0.3028 debt service). Mr. Warner stated 25% of the millage
rate goes to the pension contributions that the City makes to both pension funds.
The Interim City Manager stated Delray Beach generates billions of
dollars to the State of Florida through sales taxes and a lot of revenue goes back,
however, the shared revenues that come back through sales taxes we essentially are
getting the same amount that another city with the same population that we have gets.
The Interim City Manager commented about the infrastructure enhancements that Delray
Beach has to have to serve the tourist community. He stated and he suggested that the
City may want to look to join forces with other communities that are similarly situated
and try to find some way to petition the State of Florida to correct that imbalance. The
Interim City Manager stated we are essentially having our citizens support the economic
engine that drives the State of Florida.
Mayor Glickstein thanked Mr. Warner and Lisa Herrman, Budget
Officer.
Mr. Jacquet thanked Jack Warner and Lisa Herrman for what they have
given the Commission so far.
Brief discussion followed between Vice Mayor Petrolia and Mr. Warner.
Vice Mayor Petrolia suggested that staff review the May 1, 2014 amended budget. With
regard to the Exhibit for the mid -year resolution, Ms. Herrman stated public safety also
includes Community Improvement. Vice Mayor Petrolia stated she supports setting the
millage at a maximum rate of 7.4639 for fiscal year 2015.
Deputy Vice Mayor Jarjura commented about the consolidation of Fire -
Rescue. Mr. Warner stated with regard to the consolidation, staff did not believe that
someone could do it for cheaper and for better. Furthermore, Mr. Warner stated he
believes that the City should be paying more into the Police and Fire Pension Fund in
order to drive down the growth of the unfunded liability. Deputy Vice Mayor Jarjura
inquired about Mr. Smith's suggestion about a Pedestrian/Bike Coordinator. The Interim
City Manager stated this position is not in this budget. Mr. Warner stated there are few
structural changes in this budget and staff has not yet begun to truly look at the changes
that really need to make.
Mr. Frankel stated feels that any discussions relative to the budget should
be moved up on the Agenda because it would be good for the public. With regard to how
much of an obligation the Police and Fire Departments make up on this proposed budget
it is very important for the public to know that no one on the dais is responsible for those
increased benefits. Mr. Frankel stated the benefits have remained the same or have
actually decreased with everyone who is currently on the dais. Mr. Frankel asked if the
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budget assumes that parking meters would be installed in the downtown area. Mr.
Warner stated the revenues that he reflected in the budget are increases in parking
revenue that would come from where there is fee based parking. Mr. Frankel stated
while the Boys and Girls is a very worthy national organization, he supports staff's
recommendation and is happy to hear that none of the other City non - profits would be
affected.
With regard to the legal department at the Police Department, Mayor
Glickstein stated he would like to see some immediate consolidation there and more of a
reporting hierarchy back to the City Attorney. He stated one of the short-term benefits of
the consolidation analysis was the spotlight shown on the communication issue. Mayor
Glickstein stated the City has some significant expenses and he would like to see some
prioritization to moving dispatch. Mr. Warner stated the Assistant Finance Director
position has been changed to Chief Accounting Officer and there is a candidate for the
Treasurer position. In terms of Planning and Zoning, Mayor Glickstein stated there has
been discussion about someone actually serving as an Urban Designer. He stated the
City needs money to do things differently and part of this process is streamlining the
approval process which can hopefully lead to a fast tracking permitting which is an
additional revenue possibility in the future. Mayor Glickstein stated there has been a
disconnect between Code Enforcement and the priorities of citizens and commented
about the historic properties. Mayor Glickstein stated Code Enforcement needs attention
and he suggested that there be coverage on weekends and nights. In terms of
Environmental Services, Mayor Glickstein stated having a Traffic Engineer would be
helpful and possibly move someone into Planning from the Engineering Department that
is just focused on applications. Mayor Glickstein commented about the tennis stadium.
Mayor Glickstein requested an updated analysis of moving the CRA district to the bridge
and what is the impact of moving it to US -1. With regard to the grants and non - profits,
Mayor Glickstein stated the Local Chapter of the Boys and Girls Club is based in Delray
Beach and supports their funding. In terms of the Delray Beach Historical Society and
the Spady Museum there has been a lack of understanding of the role that they play and
they are the keeper of the City's history and stated there needs to be more collaboration
between the two organizations.
Deputy Vice Mayor Jarjura commented about Code Enforcement with
the historic properties. She briefly commented about the distinguishing between some of
the City's non - profits. Deputy Vice Mayor Jarjura stated Spady and Delray Beach
Historical Society are providing an essential function that the City would otherwise have
to provide at a cost. She stated these organizations are record keeper of the City's history
and suggested that staff look at the funding of these entities.
Mr. Frankel made a few brief comments.
Mr. Frankel moved to approve staffs recommendation to approve the
maximum total millage of 7.1611 operating and 0.3028 debt service for a total millage of
7.4639 for fiscal year 2015, seconded by Deputy Vice Mayor Jarjura. Upon roll call the
Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes;
Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes. Said motion
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passed with a 5 to 0 vote.
At this point, the time being 11:01 p.m., the Commission moved to Item
9.L. of the Regular Agenda.
9.L. PROPOSED MILLAGE RATE /DOWNTOWN DEVELOPMENT
AUTHORITY: Consider approval of the Downtown Development Authority's proposed
millage rate for FY 2015.
Mr. Frankel moved to approve the DDA proposed millage rate at 1.0000
for fiscal year 2015, seconded by Vice Mayor Petrolia. Upon roll call the Commission
voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice
Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel Yes. Said motion passed with a
5 to 0 vote.
At this point, Deputy Vice Mayor Jarjura moved to approve to extend the
meeting time beyond 11:00 p.m., seconded by Mr. Frankel. Upon roll call the
Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr.
Jacquet No; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes. Said motion passed
with a 4 to 1 vote, Commissioner Jacquet dissenting.
9.M. NOMINATIONS FOR APPOINTMENT TO THE CIVIL SERVICE
BOARD: Nominate one (1) regular member and one (1) alternate member for
appointment to the Civil Service Board to serve two (2) year terms ending July 1, 2016.
Based on the rotation system, the nominations for appointment will be made by
Commissioner Petrolia (Seat #1) and Commissioner Jacquet (Seat 42).
Vice Mayor Petrolia moved to nominate Keith Sondering (incumbent) as a
regular member to the Civil Service Board to serve a two (2) year term ending July 1,
2016, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Vice
Mayor Petrolia Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura
— Yes; Mayor Glickstein Yes. Said motion passed with a 5 to 0 vote.
Mr. Jacquet moved to nominate Kevin Warner as an alternate member to
the Civil Service Board to serve a two (2) year term ending July 1, 2016, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr.
Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein Yes; Vice Mayor
Petrolia — No. Said motion passed with a 4 to 1 vote, Vice Mayor Petrolia dissenting.
9.N. NOMINATIONS FOR APPOINTMENT TO THE AFFORDABLE
HOUSING ADVISORY COMMITTEE: Nominate four (4) regular members for
appointment to the Affordable Housing Advisory Committee to serve two (2) year terms
ending July 31, 2016. Based on the rotation system, the nominations for appointment will
be made by Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2),
Commissioner Frankel (Seat #3) and Commissioner Jarjura (Seat 44).
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Vice Mayor Petrolia moved to nominate Evelyn Dobson as a regular
member to the Affordable Housing Advisory Committee to serve a two (2) year term
ending July 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; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
Mr. Jacquet moved to nominate Colson Zulmar as a regular member to the
Affordable Housing Advisory Committee to serve a two (2) year term ending July 31,
2016, seconded by Mr. Frankel. Upon roll call the Commission voted as follows:
Deputy Vice Mayor Joura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes;
Mr. Jacquet Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
Mr. Frankel moved to nominate Dorothy Ellington as a regular member to
the Affordable Housing Advisory Committee to serve a two (2) year term ending July 31,
2016, 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.
Deputy Vice Mayor Jarjura moved to nominate Susan Sims as a regular
member to the Affordable Housing Advisory Committee to serve a two (2) year term
ending July 31, 2016, seconded by Vice Mayor Petrolia. Upon roll call the Commission
voted as follows: Vice Mayor Petrolia --- Yes; Mr. Jacquet Yes; Mr. Frankel Yes;
Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 5
to 0 vote.
9.0. NOMINATIONS FOR APPOINTMENT TO THE GREEN
IMPLEMENTATION BOARD: Nominate three (3) regular members for appointment
to the Green Implementation Board to serve two (2) year terms ending July 31, 2016.
Based on the rotation system, the nominations for appointment will be made by Mayor
Glickstein (Seat 45), Commissioner Petrolia (Seat 41) and Commissioner Jacquet (Seat
#2).
Mayor Glickstein moved to nominate Bruce Bastian as a regular member
to the Green Implementation Board to serve a two (2) year term ending July 31, 2016,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet
— Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes;
Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote.
Vice Mayor Petrolia moved to nominate Frederick Kaub as a regular
member to the Green Implementation Board to serve a two (2) year term ending July 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; Mr. Jacquet — Yes. Said motion passed with 5 to 0 vote.
Mr. Jacquet moved to nominate Nancy Richards as a regular member to
the Green Implementation Board to serve a two (2) year term ending July 31, 2016,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Deputy Vice
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Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet —
Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
9.P. NOMINATIONS FOR APPOINTMENT TO THE POLICE
ADVISORY BOARD: Nominate six (6) regular members for appointment to the Police
Advisory Board to serve two (2) year terms ending July 31, 2016. 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), Mayor Glickstein
(Seat #5), Commissioner Petrolia (Seat #1) and Commissioner Jacquet (Seat # 2).
Mr. Jacquet moved to nominate Wyana Claxton (incumbent) as a regular
member to the Police Advisory Board to serve a two (2) year term ending July 31, 2016,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor
Glickstein -- Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes;
Deputy Vice Mayor Jar ura — Yes. Said motion passed with a 5 to 0 vote.
Mr. Frankel moved to nominate Shelly Weil (incumbent) as a regular
member to the Police Advisory Board to serve a two (2) year term ending July 31, 2016,
seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice
Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura
-- Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote.
Deputy Vice Mayor Jarjura moved to nominate Lea Anne DeRigne as a
regular member to the Police Advisory Board to serve a two (2) year term ending July 31,
2016, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr.
Jacquet — Yes; Mr. Frankel Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein —
Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote.
Mayor Glickstein moved to nominate Robert Shell (incumbent) as a
regular member to the Police Advisory Board to serve a two (2) year term ending July 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; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
Vice Mayor Petrolia moved to nominate Ellen Major -Hanna as a regular
member to the Police Advisory Board to serve a two (2) year term ending July 31, 2016,
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.
Mr. Jacquet's second appointment will be brought back with a new
appointment because Mr. Warner was already been appointed to the Civil Service Board.
9.Q. NOMINATION FOR APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD: Nominate one (1) regular member for
appointment to the Parking Management Advisory Board to serve a two (2) year term
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ending July 1, 2016. Based on the rotation system, the nomination for appointment will
be made by Mayor Glickstein (Seat 45).
Mayor Glickstein moved to nominate Bruce Gimmy as a regular member
to the Parking Management Advisory Board to serve a two (2) year 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. Jacquet — Yes; Mr. Frankel — Yes;
Deputy Vice Mayor Jarjura — Yes. Said motion passed with a 5 to 0 vote.
9.R. NOMINATION FOR APPOINTMENT TO THE NUISANCE
ABATEMENT BOARD: Nominate one (1) regular member for appointment to the
Nuisance Abatement Board to serve a two (2) year 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 Adam Reback (alternate
incumbent) as a regular member to the Nuisance Abatement Board to serve a two (2) year
term ending July 1, 2016, seconded by Mr. Frankel. Upon roll call the Commission
voted as follows: Vice Mayor Petrolia Yes; Mr. Jacquet Yes; Mr. Frankel — Yes;
Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 5
to 0 vote.
9_S. NOMINATION FOR APPOINTMENT TO THE EDUCATION
BOARD: Nominate one (1) regular member to serve a two (2) year term ending July 31,
2016 to the Education Board. Based on the rotation system, the nomination for
appointment will be made by Commissioner Jacquet (Seat ##2).
Mr. Jacquet moved to nominate Mercie Alcindor as a regular member to
the Education Board to serve a two (2) year term ending July 31, 2016, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet Yes; Mr.
Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor
Petrolia — Yes. Said motion passed with a 5 to 0 vote.
9.T. NOMINATION FOR APPOINTMENT TO THE PUBLIC ART
ADVISORY BOARD: Nominate one (1) regular member to serve an unexpired term
ending July 31, 2015 to the Public Art Advisory Board. Based on the rotation system, the
nomination for appointment will be made by Commissioner Jacquet (Seat 42).
Mr. Jacquet moved to nominate Shirl Fields as a regular member to the
Public Art Advisory Board to serve an unexpired term ending July 31, 2015, 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 11:13 p.m., the Commission moved to Item
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11, First Readings.
11. FIRST READINGS:
11.A. ORDINANCE NO. 19 -14: Consider an amendment to the Land
Development Regulations (LDR), by amending Article 4.6, "Supplemental District
Regulations ", Section 4.6.9, "Off- Street Parking Regulations ", Subsection (E),
"Locations of Parking Spaces ", Sub - Subsections (3), "In -Lieu Fee" and (4), "Public
Parking Fee ", to reflect fee changes for same. If passed, a public hearing will be held on
August 5, 2014.
The caption of Ordinance No. 19 -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 ARTICLE 4.6,
"SUPPLEMENTAL DISTRICT REGULATIONS ",
SECTION 4.6.9, "OFF- STREET PARKING
REGULATIONS ", SUBSECTION (E), "LOCATIONS OF
PARKING SPACES ", SUB- SUBSECTIONS (3), "IN-
LIEU FEE ", AND (4), "PUBLIC PARKING FEE ", TO
REFLECT FEE CHANGES FOR SAME; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 19 -14 is on file in the City Clerk's
office.)
Scott Aronson, Parking Facilities Manager, read the caption of the
ordinance.
Mr. Aronson stated the proposed ordinance is for a modification to the in-
lieu public parking fee programs for the fees charged for particular spaces. Staff
recormuends a consolidation of Areas 1 and 2 with a 30% increase to the Area I fee
which would be $23,660; Area 3 a 30% increase would be $10,140; and for West
Atlantic Avenue staff proposes a 15% fee increase to $4,600. Mr. Aronson stated with
regard to the public parking fees there are two (2) zones; west of Swinton Avenue staff
proposes a 15% fee increase to $18,400; and properties east of Swinton Avenue a 30%
fee increase $23,400 per space.
Brief discussion by the Commission followed.
Mr. Frankel expressed concern that this is a very large burden to a new
business that comes to town and stated he does not support the proposed fee increases.
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Deputy Vice Mayor Jarjura stated she supports the 30% increase east of
Swinton Avenue.
Vice Mayor Petrolia stated she too supports it and feels the City is
bringing itself up to a more marketable rate compared to some of the surrounding
communities.
Mr. Jacquet stated he supports this ordinance on first reading solely to get
it to second reading.
Mayor Glickstein stated he concurs with Commissioner Frankel that the
percentage increase is high but feels the City is still a long way from what the actual cost
of constructing a parking space is. Therefore, Mayor Glickstein stated he supports the fee
changes.
Deputy Vice Mayor Jarjura moved to approve Ordinance No. 19 -14 on
FIRST Reading, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted
as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor
Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — No. Said motion passed with a 4 to 1
vote, Commissioner Frankel dissenting.
At this point, the time being 11:17 p.m., the Commission moved back to
Item 9.U. of the Regular Agenda.
9.U. NOMINATION FOR APPOINTMENT TO THE DELRAY BEACH
HOUSING AUTHORITY: Nominate one (1) regular member for appointment to the
Delray Beach Housing Authority to serve a four (4) year term ending July 1, 2018. Based
on the rotation system, the nomination for appointment will be made by Commissioner
Jacquet (Seat 42).
Mr. Jacquet moved to appoint Sylvia Morris (incumbent) as a regular
member to the Delray Beach Housing Authority to serve a four (4) year term ending July
1, 2018, seconded by Mr. Frankel. Upon roll call the Commission voted as follows:
Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel
Yes; Deputy Vice Mayor Jarjura — Yes. Said motion passed with a 5 to 0 vote.
11.8. ORDINANCE NO. 21 -14: Consider amending Chapter 35, "Employee
Policies and Benefits ", Section 35.105, "Administration by Retirement Committee ",
Subsection (A)(1), "Retirement Committee Established ", to require the Chief Financial
Officer or Treasurer to be a member of the general employee's retirement committee. If
passed, a public hearing will be held on August 5, 2014.
The caption of Ordinance No. 21 -14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEE POLICIES
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AND BENEFITS ", SECTION, "35.105,
"ADMINISTRATION BY RETIREMENT
COMMITTEE ", SUBSECTION (A)(1), "RETIREMENT
COMMITTEE ESTABLISHED ", TO REQUIRE THE
CHIEF FINANCIAL OFFICER OR TREASURER TO BE
A MEMBER OF THE GENERAL EMPLOYEE'S
RETIREMENT COMMITTEE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 21 -14 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated this is a
housekeeping ordinance so that the Chief Financial Officer (CFO) is not precluded from
serving on the Pension Board.
Mr. Frankel moved to approve Ordinance No. 21 -14 on FIRST Reading,
seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice
Mayor Petrolia Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura
— Yes; Mayor Glickstein Yes. Said motion passed with a 5 to 0 vote.
11.C. THIS ITEM HAS BEEN POSTPONED.
11.1). THIS ITEM HAS BEEN POSTPONED.
At tl-ds point, 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 stated he is trying to get financial
reporting so that the Commission can track what things happen. Mr. Stewart stated he is
working with the Chief Financial Officer on this and hopes to get this information to the
City Commission in the near future.
Secondly, Mr. Stewart stated the City has good staff here; one of the
things it seems that they are not used to and having to get used to is some significant
oversight from the City Manager's office. Mr. Stewart stated staff is beginning to resolve
that and he is starting to see some results.
Mr. Stewart stated placement of fire station diesel fuel evacuation systems
has been industry standard since at least the 1980's and even the 1990'x. Mr. Stewart
stated this is to remove the exhaust fumes from the diesel engines apparatus within the
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fire stations. He stated this is a health issue and this could potentially cost the City $25
million to resolve. Mr. Stewart emphasized this is an urgent matter.
Lastly, Mr. Stewart stated he hopes that these meetings will not continue
to be as late as they are. He stated one of the things he is doing is getting the Agenda
packets to the City Commission one (1) week ahead of time so they will have adequate
time to review them. However, Mr. Stewart stated if the meetings continue to go on late
he requested feedback from the City Commission as to whether or not they would like
staff to have food brought in. Mr. Stewart stated he will bring back a recommendation to
the City Commission on how to handle this.
12.B. City Attorney
None.
12.C. City Commission
12.C.1. Mr. Jacquet
Mr. Jacquet stated on Saturday, July 12, 2014, he had the honor of having
a Town Hall with Congressman Ted Deutch, the Minister of Haitians Living Abroad and
the Consulate General for Haiti based in Miami. Mr. Jacquet stated they came to the
community to dialogue with the Haitian- American community as far as the relations
between living here and family abroad. He stated it was very well attended and a number
of elected officials from across Palm Beach County were there and he was very proud to
have been there to help facilitate.
Secondly, with respect to social media, Mr. Jacquet stated it has come to
his attention that a particular site or particular individuals are using the cyber media to
bully others and degrade some people in the community; especially the women. Mr.
Jacquet stated he finds it abhorrent and even worse that a board member or someone
involved in this city to a certain capacity would be involved in that sort of behavior. Mr.
Jacquet stated it is not becoming of a board member to be participating in those kinds of
things. Mr. Jacquet stated for people to be attacking residents and taxpayers on political
issues makes no sense to him. Mr. Jacquet stated the City needs to move forward with
some kind of understanding that the people that the City Commission appoints to boards
and themselves that they hold to a higher standard and that they do not engage in the kind
of behavior that makes them look is if they are less than what they should be.
12.C.2. Vice Mayor Petrolia
Vice Mayor Petrolia stated she feels it is very important for the City
Commission to discuss the All Aboard Florida project ( "Not" All Aboard Florida) and
requested that this be placed on an Agenda even if it is a Workshop item.
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Secondly, Vice Mayor Petrolia stated the applicants for board
appointments are at an all -time low. She suggested that if anyone is interested it would
be a good idea to get the applications in even if someone is not going to be nominated for
another year the application stays active for two (2) years.
With regard to social media, Vice Mayor Petrolia stated if you are reading
something she feels it is very different than if you are actually engaging in it. Vice Mayor
Petrolia stated she is on several sites because she keeps tabs on everything going on in
this town. She stated just like when she is tuning into the news media at night she is
watching what is going on in the world; it is not that she is condoning it or that she is
involved in it, but it is because of the fact that it is important information. Vice Mayor
Petrolia stated just like everyone who comes up to the podium and speaks before the
Commission it is important that they listen to every single person. Vice Mayor Petrolia
concurred with Commissioner Jacquet that she does not condone it either and reiterated
that she is only on these social media sites to find out information.
12.C.3. Deputy Vice Mayor Jariura
With regard to social media, Deputy Vice Mayor Jarjura stated it is fine
for due diligence and feels you need to trust your source because some people delight in
the fact of skewing rumors. Deputy Vice Mayor stated as far as reading it for research
purposes is one thing; she expects bloggers, etc. to be as controversial as possible because
that is their job. However, Deputy Vice Mayor Jarjura stated she expects her colleagues
on the dais to support her and support each other and by liking or commenting on
something that she finds offensive and distasteful, she does take offense to that.
Secondly, Deputy Vice Mayor Jarjura requested an assessment of the
exempt employees from overtime. She stated she has received several reports from
residents and employees that the City has several employees that are engaging in
significant amounts of overtime that are not entitled to overtime. Deputy Vice Mayor
Jarjura requested an assessment of this.
Deputy Vice Mayor Jarjura stated she would like the status regarding the
Commission's Closed Door Session regarding the Police contract because the City
Commission discussed having a follow -up meeting to discuss some of the issues that
were raised.
With regard to Code Enforcement, Deputy Vice Mayor Jarjura stated she
agrees with Mayor Glickstein that her vote would have been different had the historic
integrity of those homes that the City supposedly valued had been maintained. Deputy
Vice Mayor Jarjura requested that the City Manager do a blitz of all of the City's historic
resources to make sure that this does not happen again. She concurs with the suggestion
that there be a representative on Code Enforcement and the Historic Preservation Board
(HPB) from one of our districts. Deputy Vice Mayor Jarjura concurred with Vice Mayor
Petrolia's comments that the City do an announcement about open advisor positions,
what their qualifications are, and what the City is looking for through an email blast.
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With regard to an analysis of all the groups, Deputy Vice Mayor Jarjura
stated they all do a great job, but she feels there is some redundancy. Deputy Vice Mayor
Jadura requested that these groups work together more cohesively so that the City will
know what impacts and profits are provided to the City. She stated a lot of the events
have attracted people outside the City and locals tend to almost run away from some of
them. Deputy Vice Mayor Jarjura requested an analysis be done for the special events.
Deputy Vice Mayor Jarjura stated from a design perspective anything
above 20 feet they really should be concentrating on is on the ground floor and activating
the ground floor. She stated part of activating the ground floor is also the height of the
ground floor and she agrees with that point and hopes the LDR revisions address it.
Deputy Vice Mayor Jar ura stated she would like staff to follow -up with
Mr. Smith's comment regarding A -1 -A and getting sidewalks built.
Lastly, with regard to the LDR revisions, Deputy Vice Mayor Jarjura
stated SOFA is a perfect example of looking at how the City can streamline its process
because she feels the City Commission and boards are making decisions in a vacuum and
it does not give clarity of process to those that want to be involved in the process. She
stated different stakeholders and residents keep coming back for different meetings and it
should be handled currently altogether and the City runs the risk of discord in
development approvals.
12.C.4. Mr. Frankel
Mr. Frankel stated the fireworks for the July 4`h celebration were great
with the exception of it being a little too crowded at A -1 -A and Atlantic Avenue because
of not only the booths but because there were also people watching the fireworks who did
not want to go on the beach.
Secondly, Mr. Frankel stated he forwarded an email from Mr. Chris
Hefferman about the parking issue on the barrier island. Mr. Frankel stated Mr.
Hefferman made some good points and believes there are requirements that are not being
met. The City Manager stated he will respond to Mr. Hefferman.
Mr. Frankel stated he met with a few individuals about Human Powered
Delray this week and they had some great ideas particularly with some areas regarding
the alleys. Mr. Frankel encouraged the Interim City Manager to set up a meeting with
them because he feels they have good ideas that would benefit the city.
With regard to food trucks, Mr. Frankel stated he wants to make sure that
Salt Water Brewery is invited to that and it is not just the downtown businesses. The
Interim City Manager stated it is a stakeholders meeting which includes everyone.
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Mr. Frankel requested an update on the fundraising of the Arts Garage and
stated he would like to see how much they have raised in their quest to purchase the
property.
Lastly, with regard to social media, Mr. Frankel stated he concurs with
comments expressed by Commissioner Jarjura and Commissioner Jacquet and finds that
membership in any group whether it be online or not online that degrades women he does
not agree with and it crosses the line. Mr. Frankel commented about examples of social
media policies from other cities and counties and suggested that this needs to be
addressed.
12.C.5. Mayor Glickstein
Mayor Glickstein stated Miami Beach and Tallahassee have social media
policies and emphasized those pertain to City employees. However, Mayor Glickstein
stated relative to people who are representing the City (i.e. advisory boards, elected
official, employees). Mayor Glickstein requested that the process for removing board
members be changed and stated it is a majority that puts people on the board and it
should be a majority that can remove someone from a board without any kind of
procedural hearing.
Secondly, with regard to All Aboard Florida and as a Board member of the
Palm Beach County Metropolitan Planning Organization (MPO) and dealing with All
Aboard Florida in different components, Mayor Glickstein stated the City is getting a
one -sided part of the conversation and although he is not saying he supports this, he feels
there needs to be a more balanced presentation because this issue is very complex.
Mayor Glickstein stated the cities that have signed the resolutions are more for Palm
Beach County because they will see no benefit from even that Palm Tran type urban city -
to -city passenger rail because they are mostly rural areas. Mayor Glickstein stated short-
term nothing good is going to come from those trains.
Mayor Glickstein commented about the procurement with Office of
Inspector General (OIG). Mayor Glickstein requested that when the Interim City
Manager is looking to refine the procurement process that instead of just at the
department head level talk to some of the other employees about what they are dealing
with on a day -to -day basis and the City can incorporate some of their needs into whatever
staff is doing on this procurement. The Interim City Manager stated staff has been open
to those concerns and comments; however, some of the policy changes that were made
with the new purchasing ordinance have inadvertently created some of this. The Interim
City Manager stated when staff will come to the Commission with the changes that the
Commission will feel comfortable with but right now he does not have the comfort level
that everything is in order.
Mayor Glickstein stated the weekly report was most needed.
45
07/15/14
Mayor Glickstein stated the Agenda process needs to be changed (i.e.
length of the meetings and last minute add -on items).
Mayor Glickstein stated he is anxious to get back to the collective
bargaining negotiations and commented that approximately 25% of what residents pay in
taxes goes toward retirement benefits.
With regard to the Small Business Initiative, Mayor Glickstein requested
that this be expanded to locally owned businesses as an economic driver to keep money
in the city.
Mayor Glickstein commented about the Library Incubator Program and he
feels the City needs to get that going.
Mayor Glickstein stated with regard to his comment about Code
Enforcement, it is not in the budget but the Code Enforcement issue that he was talking
about is in the report where it lists five (5) priorities and none of it mentions anything
about what the City just dealt with.
Lastly, with respect to Deputy Vice Mayor Jarjura's comment regarding
the disconnect in the City's Planning process, Mayor Glickstein asked when the City
Commission will actually see the new LDRs (the Planning process revisions needs to be
city -wide; the LDR revisions staff is currently working is for the CBD; the Planning
process revision needs to be city - wide).
There being no further business, Mayor Glickstein declared the meeting
adjourned at 11:23 p.m.
ATTEST:
AYOR
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 July 15, 2014, which Minutes were formally approved and adopted by the City
Commission on March 3, 2015.
46
07/15/14
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.
47
07/15/14
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR SALVATORI- GALLOWAY PLAT
ORDER OF THE CITY COMMISSION .
OF THE CITY OF DELRAY BEACH, FLORIDA
The waiver request regarding the Salvatore- Galloway Plat has come
before the City Commission on July 15, 2014.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request and plat approval for
Dell Grove Plat. All of the evidence is a part of the record in this case.
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 property for
another applicant or owner.
Pursuant to LDR Section 4.3.1(D), lots created after October 1, 1990 shall meet
the minimum requirements established by Chapter 4, unless the City Commission
declares at the time 'of approval of an associated development application, that it
is necessary and anarogriate to create such nonconformity. Pursuant to Section
4.3.4(E)(3), "The front of a lot is the side with the frontage on a street. For comer lots,
the side having the least street frontage should be the front for setback purposes."
Pursuant to LDR Section 4.3.1(D), the applicant has requested a waiver to LDR Section
4.3.4(1) (Development Standards Matrix) to allow a reduction in lot size below the
minimum requirements for the proposed Lot 2.
Existing and Proposed Lot Dimensions
Lot Sire
(Square
Lot Width
Lot
Lot Frontage
Feet)
InteriorlCorner
Depth
IntedorlComer
Minimum Required
7,500
60780'
100'
60'/80"
Existing Parcel
15,168
102' (Comer Lot)
150'
102' (Comer Lot)
Proposed ,Lot 1
8,611
85' (Comer Lot)
102"
85' .(Comer Lot)
Proposed Lot 2
6,120
60' (Interior Lot)
102'
60' (Interior Lot)
City Commission Meeting of July 15, 2014; Item 9.A.
• Lot 2:
o Size requirement: Lot 2 is 6,120 square feet. It is deficient in size by 1,350
square feet (7,500 sq. ft. required)
Should the waiver to Section 4.3.4(() to reduce the size requirement for Lot
2 be granted?
Yes ✓ No
II.' Plat Approval: The required findings for approval are hereto attached as
"Exhibit A °.
Should the Salvatori- Galloway Plat be granted?
Yes ✓ No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original plat was submitted.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses which supports the findings set forth in this Order.
5. Based on the entire record before it, the City Commission approves ✓
denies the waiver requests and plat approval and hereby adopts this Order this
15th day of July, 2014, by a vote of 5 in favor and 0 s .
ATTEST: Cary D. Gli st n, Mayor
Chevelle Nubin, City Clerk
2
City Commission Meeting of July 15, 2014; Item 9.A.
Exhibit A
- PLAT F INGS
Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development
applications, certain findings must be made in a form which is pant of the official record. This may
be achieved through information in the application, the staff report, or minutes. Findings shall be
made by the Board to approve or deny the development application. These findings relate to
Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and
Compliance with the Land Development Regulations.
1. Section 3.1.1- (A) - Future Land Use Map: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be consistent
with the applicable land use designation as shown on the Future Land Use Map.
The subject property has a Future Land Use Map Designation of LD (Low Density, 0 -5 dwelling units
per acre) and a zoning designation of R 1 -A (Single Family Residential) Zoning District, which are
consistent with. one another. Within the R 1 A zoning district, conventionally sited single - fancily
detached residences are allowed as a permitted use. It is noted that the existing development pattern on
this block consist of a mixture of single - family homes and nonconforming duplex structures.
2. Section 3.1.1 (B) — Concurrence: Pursuant to Section 3.1.1(B) Concurrency as defined
pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be
met and a determination made that the public facility needs of the requested land use and/or
development application will not exceed the ability of the City to fund and provide, or to require
the provision of, needed capital improvements for the following areas:
Since the replat will result in the same number of homes that fonnerly existed on the property, a
concurrency review is not necessary. No internal street system is proposed with this development, as
direct access is available from NE 13th Street. It is noted that since the demolished home was constructed
prior to February 23, 1982, no credit will be issued and a $500 park impact fee will be required for the
new home on Lot 1 at issuance of a building permit.
3. Section 31.1 (C) - _ Consistency: Pursuant to Section 3.2.1 (Basis for Determining
Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or
Plat Actions) shall be the basis upon which a finding of overall consistency is to be made.
Section 3.2.1 Basis for Determining Consistency; The performance standards set forth in this Article
either reflect a policy from the Comprehensive Platt or a principle of good plaruaing practice. The
performance standards set forth in the following sections as well as compliance with items specifically
listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding
of overall consistency [Section 3.1.1(C)l is to be made. However, exclusion from this Article shall not
be a basis for not allowing consideration of other objectives and policies found in the adopted
Comprehensive Plan in the snaking of a finding of overall consistency.
3
City Commission Meeting of July 15, 2014; Item 9.A.
Section 3.23 Standards for Site Plan and/or Plat Actions:
(A) Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted
distractions or blockage of visibility as it pertains to traffic circulation. Meets intent of staxtdiLM
(B) Separation of different farms of transportation shall be encouraged. This includes pedestrians,
bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D -2 of the
Transportation Element. Not A licable
(C) Open space enhancements as described in policies found under Objective B -1, of the Open Space and
Recreation. Element are appropriately addressed. Not applicable
(D) The City shall evaluate the effect that any street widening or traffic circulation modification may
have upon an existing neighborhood. If it is determined that the widening or modification will be
detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not
applicable
(E) Development of vacant land which is zoned for residential purposes shall be planned in a manner
which is consistent with adjacent development regardless of zoning designations. Not applicable
(li) Vacant property shall be developed in a manner so that the future use and intensity are appropriate in
terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land
uses; and fulfills remaining land use needs_ Not applicable
(G) Redevelopment and the development of new land shall result in the provision of a variety of housing
types which shall continue to accommodate the diverse makeup of the City's demographic. profile, and
meet the housing needs identified in the Housing Element. This shall be accomplished through the
implementation of policies under Objective B -2 of the Housing Element. Meets intent of standard
(H) The City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be
reviewed in terms of their potential to negatively impact the safety, habitability and stability of
residential areas. If it is determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied. Meets intent of standard
(1) Development shall not be approved if traffic associated with such development would create a new
high accident location, or exacerbate an existing situation causing it to become a high accident location,
without such development tatting actions to remedy the accident situation. Meets intent of standard
(J) Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new
housing developments as part of the design to accommodate households having a range of ages. This
requirement may be waived or modified for residential developments located in the downtown area, and
for infill projects having fewer than 25 units. Not applicable
Comprehensive Plan Policies:
a. Future Land Use Element Obiecdve A-1: Property shall be developed or redeveloped, in a
manner so that the future use, intensity and density are appropriate in terms of soil,
topographic, and other applicable physical considerations; encourage affordable goods and
services; are complementary to and compatible with adjacent land uses; and fulfill remaining
land use needs.
4
City Commission Meeting of July 15, 2014; Item 9.A.
There are no special physical or environmental characteristics of the land that would be negatively
impacted by the proposed development. The development of the subject property is proposed in a manner
appropriate and complementary to the adjacent single- family residential development throughout the
neighborhood_
4. Section 3.0 (D) - ComyIlance with the Land DevelopmentRe¢ulations:
LDR Section 5.1.3(A) (Plat Required):
A plat is required for the subdivision of any lot, tract or parcel of land, unless it qualifes for a plat
exemption pursuant the LDR Section 5.1.4. This replat does not qualify for a plat exemption, since one of
the proposed lots will be nonconforming.
LDR Section 5.3.1(Riaht- of-Way Dedication):
Per LDR Section 5.3,1(A), streets, public or private, shall be shown on all subdivision plats as tracts
dedicated for such purposes. An additional 5' of right-of- -way is being dedicated for NE 2nd Avenue on
the plat.
LDR Section 4.3.4(x) (Development Standards Matrix):
A waiver to lot size requirement, pursuant to Section 14.3.1(D), is required.
5
City Commission Meeting of July 15, 2014; Item 9.A.
l
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
bELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST TO THE SIDEWALK CONSTRUCTION REQUIREMENT
AT 402 N. OCEAN BLVD
1. This waiver request came before the City Commission on July 15, 2014.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for 402 N. Ocean
Blvd_ in the Beach Overlay District. All of the evidence is a part of the record in this
case, Required findings are made in accordance with Subsection I.
1. WAIVER:
Pursuant to LDR Section 2.4.7(6)(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
publiclprivate partnership property for another applicant or owner.
A. Waiver Request:
Pursuant to LDR Section 6.1.3(B)(1)(g), construction of a minimum five
foot (6) sidewalk is required along the north side of Beach Drive. Pursuant
to LDR Section 6,1.3 (13)(1)(b), a waiver may be granted to this
requirement where it is clear that the sidewalk system will not serve its
intended purpose.
The applicant is requesting a waiver to allow for a sidewalk not to be
constructed along the north side of Beach Drive at 402 N. Ocean Blvd.
Should the waiver to 6.1.3(B)(1)(g) be granted?
Yes V, No
City Commission Meeting of July 15, 2014; Item 9. B.
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds that there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission
approves V- denies this waiver request.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this '15th day of July, 20'14, by a vote of 5 in f a opposed.
Cary dlckjti Mayor
ATTEST:
Chevelle Nubin, City Clerk
2
City Commission Meeting of July 15, 2014; Item 9.13.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
'OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUESTS FOR CODA
1. These waiver requests came before the City Commission on July 15,
2014.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver requests for Coda. All of the
evidence is a part of the record in this case. Required findings are made in accordance
with Subsection I.
1. WAIVERS: Pursuant to LDR Section 2.4.7(6)(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 wou[d be granted under similar circumstances on other
property for another applicant or owner.
A. Waiver to LDR Section 4.6.14(B)(6L:
Pursuant to LDR Section 4.6.14(B)(6), forty foot (40') sight visibility
triangles are required at the intersection of two (2) rights -of -way.
The applicant is asking for a waiver to allow two (2) of the proposed four
(4) story townhome buildings to obstruct the sight visibility triangles at thirty feet
(30'), as opposed to twenty feet (20') at both intersections.
Should the waiver to Section 4.6.14(B)(6)for thirty foot (30') sight
visibility triangles be granted?
Yes V, No
1 City Commission Meeting of July 15, 2014; Item 9.C.
B. Waiver to I_DR Section 4.4.6 F 3 c :
Pursuant to LDR Section 4.4.6(F)(3)(c), front porches cannot occupy more
than fifty percent (50 %) of the building frontage and cannot be enclosed in any
manner.
The applicant is asking for a waiver to allow sixty -six percent (66 %) of the
building frontage along SW 2nd Avenue and sixty -six percent (66 %) of the
building frontage along SW 1st Avenue to be occupied by front porches.
Should the waiver to Section 4.4.6(F)(3)(c) be granted, to allow
for more than 50% of the building frontage along SW 2nd Avenue and along
SW 1st Avenue be occupied by front Porches,
Yes V" No
3. The City Commission has applied the Comprehensive Plan and L,DR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission
approves J denies the waiver requests.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 1 5th of July, 2014, by a vote of 5 in favor posed.
ATTEST: Cary D. Gli st in, Mayor
Chevelle Nubin, City Clerk
2 City Commission Meeting of July 15, 2014; Item D.C.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE GITY OF DELRAY BEACH, FLORIDA
WAIVER REQUESTS ASSOCIATED WITH SOFA DISTRICT LOFTS
1. These waiver requests associated with SOFA District Lofts came before
the City Commission on July 15, 2014.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver.requests for SOFA District
Lofts. 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 property for
another applicant or owner.
A. Waiver #1 — Minimum Ground Level Glass Trans arenc
Pursuant to LDR Section 4.6.18(B)(14)(iv)(2), the minimum transparency
or glass surface area on the ground floor wall area of all non - residential buildings
shall be a minimum of 75% of the wall area for that elevation.
The applicant is asking for a waiver to allow the percent of transparent or
glass surface area provided on the ground level to be 57.67% along SE 1st Ave.
Should the waiver to LDR Section 4.6.18(B)(14)(iv)(2) be granted?
Yes No
City Commission Meeting of July 15, 2014; Item 9.D.
B. Waiver #2 — Minimum Perimeter Landscape Buffer:
Pursuant to LDR Section 4.6.16(H)(3)(d), a five foot (5) landscaped buffer is
required between the off - street parking area or other vehicular use area and abutting
property.
The applicant is requesting a waiver to allow a zero foot (0') landscape buffer.
Should the waiver to LDR Section 4.6.16(H)(3 )(d) be granted?
Yes -%/ No
C. Waiver #3 — Minimum Ground Floor Ceiling Hei ht:
Pursuant to LDR Section 4.4.13(F)(1)(C), the minimum ground floor ceiling height
is ten feet (10').
The applicant is requesting a waiver to allow for a minimum ground floor ceiling
height of nine (9) feet on all levels of the Sofa District Lofts building.
Should the waiver to LDR Section 4.4.13(F)(1)(C) be granted?
Yes ✓ No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
2
City Commission Meeting of July 15,2014; Item 9.D.
5_ Based on the entire record before it, the City Commission approves v*'
denies the waiver request to LDRs.
5. Based on the entire record before it, the City Commission hereby adopts
this Order this 15th day of July, 2014, by a vote of 5 in favor and 0 opposed.
ATTEST:
Chevelle Nubin, City Clerk
3
— z '/.- 54,
Gary . G ' ks in, Mayor
City Commission Meeting of July 15, 2014; Item 9.D.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY-COMMISSION
OF THE CITY OF DEL.RAY BEACH, FLORIDA
WAIVER REQUESTS ASSOCIATED WITH SOFA DISTRICT OFFICES
1. These waiver requests associated with SOFA District Offices came before
the City Commission on July 15, 2014.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver requests for SOFA District
Offices. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsection I.
L 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 property for
another applicant or owner.
A. Waiver #1 — Minimum Ground Level Glass Trans arenc :
Pursuant to LDR Section 4.6.18(13)(14)(iv)(2), the minimum transparency
or glass surface area on the ground floor wall area of all non - residential buildings
shall be a minimum of 75% of the wall area for that elevation.
The applicant is asking for a waiver to allow the site data chart the percent
of transparent or glass surface area provided on the ground level to be 38,9%
along SE 1St Ave and 55.9% along SE 1st Street.
Should the waiver to LDR Section 4.6,18(B)(14)([v)(2) be granted?
Yes I/ No
City Commission Meeting of July 15, 2014; Item 9.E.
a
Waiver #2 — Upper Level Floor Area:
Pursuant to LDR Section 4.4.13(F)(4)(c)(2), the floor area for each floor
contained within the portion of the structure that is 25' to 48' in height shall not
exceed (seventy percent) 70% of the floor area contained within the allowable
ground level footprint_
The applicant is requesting a waiver to allow the floor area on the ground
floor to be 80.8% for this structure.
Should the waiver to LDR Section 4.4.13(F)(4)(c)(2) be granted?
Yes ✓ No
C_ Waiver #3 — Sight Visibility Triangle:
Pursuant to LDR Section 4.6.14(B)(1), the minimum sight visibility triangle
at the intersection of a driveway and adjacent right-of-way is 10' x 10'.
The applicant is requesting a waiver to allow an 8' x 10' sight visibility
triangle where the twenty -four foot (24) wide two -way driveway into the parking
garage intersects the alley along the east (rear) property line.
Should the waiver to LDR Section 4.6.14(B)(1) be granted?
Yes ✓ No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings-
2 City Commission Meeting of July 15, 2014; Item 9.E.
5. Based on the entire record before it, the City Commission approves !l
denies the waiver request to LDRs.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 15th day of July, 2014, by a vote of 5 in favor and 0 opposed.
ATTEST:
Chevelle Nubin, City Clerk
r
W. ` �' or
3 City Commission Meeting of July 15, 2014; Item 9.E.