10-21-14 Regular Meeting Minutes 1
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OCTOBER 21,2014
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 6:03 p.m., Tuesday, October 21, 2014.
1. Roll call showed:
Present- Vice Mayor Shelly Petrolia
Commissioner Alson Jacquet
Deputy Vice Mayor Jordana Jarjura
Mayor Cary Glickstein
Absent- Commissioner Adam Frankel
Also present were - Terry Stewart, Interim City Manager
Noel Pfeffer, City Attorney
Kimberly Wynn, Acting City Clerk
2. The opening prayer was delivered by Reverend Alexis Talbott.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. APPROVAL OF MINUTES:
A. None
5. PRESENTATIONS:
S.A. RESOLUTION NO. 56-14: Approve Resolution No. 56-14 recognizing
and commending Leon Slydell for 30 years of dedicated service to the City of Delray
Beach.
The caption of Resolution No. 56-14 is as follows:
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A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING LEON SLYDELL FOR THIRTY
YEARS OF SERVICE TO THE CITY OF DELRAY
BEACH.
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(The official copy of Resolution No. 56-14 is on file in the City Clerk's
office.)
Mayor Glickstein read Resolution No. 56-14 into the record.
Mayor Glickstein moved to approve Resolution No. 56-14, seconded by
Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes-,
Deputy Vice Mayor Jarjura— Yes; Mayor Glickstein— Yes; Vice Mayor Petrolia— Yes;
Said motion passed with a 4 to 0 vote.
5.B. Spotheht on Education Presentation
Mitch Katz, Chair of the Delray Beach Education Board, briefly discussed
"Delray Reads Day" and introduced Janet Meeks, Education Coordinator who
coordinates the summertime program and displayed a video that is also available on the
City's YouTube page as well.
Dr. Ian Saltzman, Area Superintendent, thanked the Education Board,
Ms. Meeks, Mr. Katz, Mayor Glickstein and the City Commission. Dr. Saltzman stated
the most important thing in our schools is leadership and teaching children how to read.
He stated according to the data by area Delray Beach should be very proud because their
scores outdid many other municipalities.
Paula Joseph, Area I EDW Specialist, stated all the schools in Area I in
Delray Beach are rated A, B, or C's.
Mr. Saltzman stated Morakami Park which is an "A" rated school is also a
National Blue Ribbon School of Excellence, Village Academy is one of three schools that
are up for AVID School of the Year, Carver Community Middle School participation rate
in the IB Program has increased over 30%, and the Robotics Team will pair up with the
Robotics team at Atlantic Community High School in the fall and Spring. Mr. Saltzman
stated Atlantic Community High School many students of the Class of 2014 entered
college; 1 of 3 are enrolled in the IB Program. He stated the Robotics World Champions
are from Atlantic Community High School.
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William Fay, Principal of Banyan Creek Elementary School for 20
years; a total of 52 years in education, introduced a dog who is part of Banyan Creek's
positive reading program and part of the Sheriff Ed Program which is a program that the
children particularly the ones that are not very good readers have no trouble reading to
the dog because the dog is not judgmental. Mr. Fay stated Banyan Creek Elementary is
an"A"rated school and the emphasis every day is safety and instruction. He thanked the
Education Board for their leadership that they provide and the encouragement they give
the schools and teachers every year through various activities that they sponsor. Mr. Fay
thanked the Police, Fire, and EMT's. Mr. Fay stated they have 978 students and grow
during the year and last year closed out at 1,024 students. He stated Banyan Creek also
has the largest ESE Special Needs School in Palm Beach County (566 students); they
have a deaf and hard of hearing program- Pre-K, specific learning disabilities; alternative
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communication classes (AAC Class) autistic disorder, speech impaired, language
impaired and two units of emotionally and behaviorally disorder children. Mr. Fay stated
they have an exceptional drama club, drum line, garden club, and 20 plus after school
clubs and activities.
Rona Tata, Principal of S.D. Spady Elementary School, stated she lives
and works in Delray Beach and loves the city. Ms. Tata displayed a brief marketing
video and provided copies of S.D. Spady's fact sheet. She stated S.D. Spady just
celebrated its 25"' Anniversary as a Montessori Magnet Choice Program. Ms. Tata stated
they have about 800 applicants each year for 150 spots and although they service the
entire district of Palm Beach County 52% of their population comes from Delray Beach.
Mayor Glickstein stated Delray Beach has great schools because of the
great principals, administrators, and teachers. He stated "Delray Reads Day" will be held
on November 6, 2014 and encouraged everyone to volunteer one hour of their time to
read at one of the elementary schools. Mayor Glickstein thanked Mr. Fay, Ms. Tata, and
Mr. Saltzman for all their hard work.
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.
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6.A. City Manager's response to prior public comments and inquiries.
With regard to a prior concern expressed by Mr. Ronald Galinsky
regarding whether or not there should be left-hand turns on Atlantic Avenue because he
felt it was becoming cumbersome for traffic, the Interim City Manager stated the
Engineering Department has indicated that the City will engage a Traffic Engineer
Consultant to study this request and the initial meeting with that consultant was held last
week.
Mr. Jacquet stated the Commission discussed this previously about
specifically the intersection at S.E. 2nd Avenue and N.E. 2nd Avenue (Pineapple Grove
and Atlantic Avenue) with prohibiting left turns. Mr. Jacquet stated he believes the
decision was unanimous to go forward and try to avoid left turns at this intersection. Mr.
Jacquet suggested that staff contact the Engineering Department to see if a study was
already done.
With regard to a prior concern expressed by a resident about the '`zoning
in progress" issue who suggested that with this proposal that the Commission make a
distinction if it is a new application or not, the Interim City Manager stated the "zoning in
progress" resolution states that applicants not consistent with the future LDRs will be
deferred. If staff determines there are no conflicts with the proposed LDRs, then they
will continue to work with them and move those forward.
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Secondly, with respect to a concern expressed by Alice Finst about rental
properties being required to have permit stickers by the door and stated that there are 648
drug abuse facilities in the city. The Interim City Manager stated staff is not sure how
Mrs. Finst came up with this number; however, if she has specific data that she can cite
then staff will be happy to speak with her and get that data. The Interim City Manager
stated the landlord permits are issued on an annual basis and decals are issued for each
vehicle assigned to a property according to the lease. He stated the City looks at this as a
benefit for both enforcement efforts and serves as a visual to residents who should be
parking in a particular location on a regular basis.
6.B. From the Public.
6.B.1. 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 residents fought the development on the
southeast intersection of Linton Boulevard and Federal Highway for approximately 11/2
years because they were concerned that it would be overdeveloped and there would be no
parking spaces. Dr. Kirson stated Trader Joe's takes up 40-70% of the parking spaces
and there is room for about 15 stores. He asked if there is anything the city can do
because he does not want to see a failed development.
6.B.2. Steve Blackwood, 337 Artist Alley, Delray Beach, FL,
(Artist/Sculptor), stated they currently have 31 artists and 21 spaces in Artist Alley with
21 artists on a waiting list to get in there. Mr. Blackwood stated 27 of the artists in Artist
Alley are housed in warehouses and they rent space. He stated the property has gone into
foreclosure and November 13, 2014 the property is going up for auction. Mr. Blackwood
expressed concern that a developer may come in and want to put in residences and tear
down the warehouses and displace 21 artists. He stated the artists came into this
community as part of the Pineapple Grove Arts District and distributed brochures
showing over half of all the art studios are in Artist Alley. Mr. Blackwood stated the
artists have galleries and studios with up to 400 people who come on event nights and
those people support local businesses. Mr. Blackwood urged the City Commission to take
whatever measures are necessary to protect the artists in Artists Alley Arts District and
upcoming foreclosure and sale of the buildings. He suggested that an Estoppel be
recorded in the court to limit the development of the property until it is researched and
j that the Commission aggressively protect and promote the Arts District.
6.B.3. Vickie Lovell, 200 N.E. 2na Avenue #309, Delray Beach, FL 33444,
stated one of the primary reasons she purchased the property is because of the Arts
District and believes it is an enormous contribution to this city. Ms. Lovell urged the
City Commission to figure out a way that is legal and fair to protect that designation as an
Arts District or incentivize a future purchaser to continue to maintain the property for
working artists and encourage the CRA to do the same as well.
6.B.4. Patrick Halliday, Board Member for Human Powered Delray and
President of the Delray Beach Bicycle Club, thanked Interim City Manager Stewart,
Police Chief Goldman and the members of the Police. Department for their support and
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the fantastic job they did with the Human Powered Delray Bicycle Safety Awareness
Ride held on October 12, 2014.
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Secondly, Mr. Halliday stated he supports the request for the Letter of
Agreement and Contract between Delray Beach Police Department, the University of
South Florida and the Board of Trustees to receive funding for educational programs.
Mr. Halliday urged the City Commission to approve this item so they can move forward.
6.B.5. Ron Nobili 159 Marine Wa Boat Slip 415 Delray Beach FL 33444
briefly discussed the Marina District Parking Permit Program Proposal and expressed
concern that some boaters will be discriminated against because if there are people with
two (2) vehicles they will receive a permit from the Parks and Recreation Department,
buy a permit, and get a guest pass so they will be able to utilize three (3) parking spots.
Mr. Nobili stated if you are single or only own one (1) vehicle he feels people are being
discriminated against because they cannot use the second permit. Therefore, Mr. Nobili
stated those residents who will be paying the same amount will only be able to utilize two
(2) parking spots because he cannot use the second permit. Mr. Nobili suggested that
instead of having to specify the permit to a certain vehicle, that the City provide three (3) guest
passes to each boat owner for sixty($60.00)and make it equitable for all.
6.B.6. Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33483, thanked
City staff for coming up with some viable options with respect to the safety measures on
Barwick Road. Mr. Katz stated the recommendation for a guardrail is the most
affordable and is a good temporary solution. Mr. Katz commented about a bond
referendum in the future for improvements to Barwick Road (i.e. asphalt sidewalks
should be concrete, etc.) and Barwick Park needs to be completely redone.
6.B.7. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, stated she
attended a Mayor's meeting several weeks ago at a church on South Swinton Avenue and
the number 648 sober homes came out of that meeting. Ms. Finst stated she attended the
previous Special meeting in preparation for hiring a new City Manager and feels that
Interim City Manager Terry Stewart is the best candidate for the City Manager position
because he is already here and he has no warm up time.
6.13.8. Lori Sturgess, 180 N.E. 4ch Avenue, Delray Beach,FL 33483, stated her
business Avenue Photography and Video located at 343 N.E. 3`d Avenue backs up to
Artists Alley. She commented about the importance of having Artists Alley in the Arts
District of Pineapple Grove and spoke about a few very famous artists whose work is all
over Delray as well as the world and the Boca Museum of Art. Ms. Sturgess stated she
does not want to see Delray Beach lose its Arts District status to another town where the
city is actively pouring money into the Arts District to benefit their community.
6.8.9. Mitzi Kaitz, 331 N.W. 8th Avenue, Delray Beach, FL 33444, asked the
City Commission is there any possibility to medicinal marijuana becoming legal in
Florida and where dispensaries may open. Ms. Kaitz stated if it does become a state law j
other cities are planning in case local officials have some input as to the zoning laws.
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The City Attorney stated this will be a first reading/first public hearing
item on the November 4, 2014 City Commission Agenda on a moratorium for one year.
6.8.10. Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 33483, briefly
commented about the changing culture in downtown Delray especially during the day.
Mr. Humanik stated he attended a Parking Management Advisory Board meeting and
there was discussion about putting parking meters on Atlantic Avenue. In his opinion,
Mr. Humanik stated there is not a problem parking on Atlantic Avenue during the day
and feels that certain things in the city should not be changed. Mr. Humanik suggested
that the Commission reject the premise that there is a problem. He stated there have been
times where he has been unrealistic about what he expected the Mayor to do and he
supports the Commission with respect to development. He stated if the Commission
could all get along he feels great things could happen in his neighborhood for all the
people who live there that share a common interest.
6.8.11. Gregg DeBartolo, 1131 Boxwood Drive 437-C, Delray Beach, FL
33445, commented about the crime in the city and in his opinion he stated there are too
many shootings and homicides for a city of this size. Mr. DeBartolo suggested that the
city implement a Gun Buy Back Program.
6.8.12. Adriana, AR Gallery and Artists Alley, 340 N.E. 4th Street, Delray
Beach, FL 33444, supports the previous artists who spoke this evening and stated they
hold events at their gallery that bring in numerous people from Delray, Boynton, West
Palm Beach, Miami and from out-of-town. She stated AR Gallery is holding an event on
October 31, 2014 on Halloween that benefits Habitat for Humanity in Delray Beach.
6.8.13. Ari Whiteman, 5091 Washington Road, Delray- Beach FL 33484,
stated Interim City Manager Terry Stewart is doing an excellent job and suggested that
the City stop with the selection now and name Mr. Stewart the City Manager.
Secondly, Mr. Whiteman thanked the City Commission for the hard work
they do.
6.B.14. Jim Knight, 10 S.E. 1St Avenue, Delray Beach, FL 33444, commented
that the Federspiel Garage has been pressured cleaned and it looks a lot better.
7. AGENDA APPROVAL.
The Interim City Manager requested that Item 9.D., Agreement/RCC
Consultants, Inc. be removed from the Agenda.
Vice Mayor Petrolia moved to approve the Agenda as amended, seconded
by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Deputy
Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia Yes; Mr.
Jacquet—Yes. Said motion passed with a 4 to 0 vote.
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8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL SUBDIVISION PLAT APPROVAL/ST. GEORGE: Approve
a final plat for St. George, a 38-unit Townhouse Project located on the east side of North
Federal Highway, approximately 360 feet north of George Bush Boulevard.
S.B. FINAL SUBDIVISION REPLAT APPROVAL/CODA
TOWNHOUSE DEVELOPMENT: Approve a final plat to be known as Coda , a 38-
unit Townhouse Project located on the east side of North Federal Highway,
approximately 360 feet north of George Bush Boulevard.
8.C. ACCEPTANCE OF A RIGHT OF WAY DEED/SWINTON
SOCIAL: Approve acceptance of a right-of-way dedication for the alley and S.E. 1st
Street and 20' x 20' corner clip associated with the approved adaptive reuse of the
properties for 27-43 South Swinton Avenue located in the Old School Square Historic
Arts District(OSSHAD).
B.D. ACCEPTANCE OF A RIGHT OF WAY DEED/SE 2 I AVENUE
PARKING LOT: Approve acceptance of a right-of-way dedication for the 2' alley for
Lots 6 and 7, Block 87, Linn's Addition to Osceola Park, associated with the SE 2nd Ave
Parking Lot Project.
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B.E. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA)/CONSTRUCTION PROFESSIONAL SERVICES FY 2014-2015:
Approve an Interlocal Agreement between the City and Community Redevelopment
Agency(CRA) for funding of various construction projects and professional services.
B.F. GRANT APPLICATION AND AWARD/FDOT FOR
PEDESTRIAN/BICYCLE SAFETY EDUCATION AND ENFORCEMENT
PROGRAM: Approve the submittal of an application and acceptance of an award to the
Police Department in the amount of $46,867.20 from the Florida Department of
Transportation (FDOT) for the pedestrian and bicycle safety education and enforcement
program.
S.G. ANNUAL PROJECT HOLIDAY/YOU ARE NOT ALONE
SUPPORT: Approve a request for city support and assistance for the 91 Annual Project
Holiday sponsored by the You Are Not Alone Organization, which provides packages to
armed services personnel.
S.H. PROCLAMATIONS:
1. Delray Reads Day! —November 6, 2014
8.1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period September 29, 2014 through October 10, 2014.
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B.J. AWARD OF BIDS AND CONTRACTS:
1. Contract award to All Webb's Enterprises, Inc., in the
amount of $94,600.00 for the Production Well
Rehabilitation project (Bid No. 2014-44). This is in
compliance in Chapter 36, Section 36.02 (A), "Sealed
Competitive Method". Funding is available from 442-5178-
536-68.14 (Water and Sewer Renewal and Replacement
Fund: Improvements Other/Production Well
Rehabilitation).
2. Bid award to Elev8 Sports Institute, Inc., in an amount not
to exceed $75,840.00 for the for Landscape Maintenance
services for Seacrest Soccer and HillTopper Stadium. This
is in compliance in Chapter 36, Section 36.02(A),
"Multiple acquisitions from vendor exceeding $25,000 in
any Fiscal Year". Funding is available from 001-4131-572-
34.90 (General Fund: Other Contractual Service).
Deputy Vice Mayor Jarjura moved to approve the Consent Agenda,
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. Said motion passed with a 4 to 0 vote.
At this oint the time being 7:00 the Commission moved to the duly
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advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. AMENDED AND RESTATED DEVELOPMENT AGREEMENT
REGARDING ATLANTIC CROSSING AND RELEASE, HOLD HARMLESS
AND INDEMNIFICATION AGREEMENT: Consider approval of an Amended and
Restated Development Agreement ("Amended Agreement") consistent with the January
2014 site plan approved by the City Commission and the Atlantic Crossing Conditional
Use and Class V Site Plan Approval Staff Letter dated February 12, 2014.
Th e City Attorney s tated tonight the City Commission will be holding and
the only legal requirement today is that the City Commission hold and conduct a public
hearing. The City Attorney gave a brief history of Atlantic Crossing. The City Attorney
stated the agreement before the City Commission this evening is an amended and restated
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development agreement that attempts to implement the specific terms and the conditions
of the site plan approved by SPRAB and that was affirmed as a result of the appeal by
this City Commission in January 2014. The City Attorney stated while the City
Commission has some discretion this evening, this is not a fresh look at this project. The
City Attorney stated when the current site plan was approved by the City in January
2014, the City and the developer each agreed to be bound by the terms of that site plan.
The purpose of the development agreement on tonight's agenda is not intended to either
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expand any of the prior obligations that this city made to this developer conversely it
does not contract those commitments made by the city either. The City Attorney stated
more specifically this agreement incorporates the site plan and the conditions of the site
plan which were articulated in a February letter (attached to the development agreement)
and binds the developer to all of those obligations. The City Attorney stated the
developer agrees to pay $175,000 for a shuttle bus upon the issuance of a final CO; the
developer at its expense will provide traffic signalization at N.E. 1"Avenue and N.E. 6tr'
Avenue and Atlantic Avenue and N.E. 7 t Avenue; required to provide more traffic
calming in Palm Square; the city at its sole discretion will determine whether N.E. 7`h
Avenue is to be permanently closed, partially closed, or left open with the option of
traffic calming at the developer's expense and as directed by the City Engineer; requires
the developer to provide beautification to US-1, requires the developer to pay and install
a bus shelter, developer has to contribute $500,000 to implement the Veterans Park
Master Plan, the developer has to perform sidewalk maintenance in the public right-of-
way, at developer's expense it has to relocate numerous trees within the project site to
Veterans Park or some other location designated by the city, and it has to provide
workforce housing in accordance with the LDRs. The City Attorney stated the
development agreement also incorporates the site plan letter from staff and this letter
contains 71 specific conditions for the site plan, 10 conditions to the landscaping plan,
and 11 conditions to the building elevations. The City Attorney stated there are two
lawsuits that remain pending with respect to this matter both filed by the Harbour House
Homeowners' Association. The first one is for a petition for a writ of certiorari which is
the legal remedy with respect to the denial of the appeal by this City Commission. He
stated that legal matter has been fully briefed as of mid-July and it is pending in the 15`h
Circuit and he expects that over the next 90 days he expects a ruling. The City Attorney
stated that case relates to the procedure and due process rights of the applicant and
whether or not this Commission in rendering its decision departed from the essential
requirements of law. The City Attorney stated the second case pending filed by the
Plaintiff and it deals with allegations with respect to potential easement rights and
dedications which appeared within the underlying documents. The City Attorney stated
when he wrote his memo the motion to dismiss was pending and noted that the motion to j
dismiss was granted and as of last Friday the Plaintiff filed a notice of a request to have
that case dismissed with prejudice. The City Attorney suggested that it is probably not a
concession but rather a strategic move with respect to some further action with respect to
that complaint.
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With respect to the site plan, the City Attorney stated there will be a right
in and a right out.
Mike Covelli, Applicant, stated with regard to the right-in/right-out access
they have an approval letter from FDOT for that entrance so it will be an in and an out of
Federal Highway.
Mayor Glickstein asked why the City Commission is given the
recommendation of discretion rather than a specific direction on how to proceed. The
City Attorney stated the City is not legally required to enter into a development
agreement; however, the City Attorney stated he is prepared to provide his
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recommendation from a legal perspective he is prepared to do that. Brief discussion
followed between the City Attorney and the City Commission.
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Mayor Glickstein declared the public hearing open.
Bob Ganger, 1443 North Ocean Boulevard, Gulf Stream, FL 33483,
the development agreement that the City Commission may or may not be considering
tonight is flawed. Mr. Ganger stated the applicant has indicated that the right in and right
out into the garage is now potentially a part of the agreement. Mr. Ganger stated the
j developer's attorney Stanley Price made the following statement during the appeal
hearing: "Earlier today we received a letter from the Florida Department of
Transportation approving a full driveway off of Federal Highway into our project to a
parking area of approximately 500 spaces. It will have a direct right turn in and right turn
out." Mr. Ganger stated there are other things that the public thought they won in the
appeal that are not in the amended developer's agreement. He urged the City
Commission to listen to the public.
Allen Slosbere, 200 MacFarlane Drive Apt. #502-N, Delray Beach, FL
33483,the Atlantic Crossing project continues to be a problem for Delray Beach as it was
approved and developed against the wishes of an overwhelming majority of residents.
He stated this is an opportunity for the City Commission to and correct those mistakes
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that were made and support the residents of Delray who will have to live with this project
for a very long time. Mr. Slosberg stated on prior occasion this Commission has been
very successful in rescinding contracts that were unfair to the will of the people or a
detriment to Delray Beach and urged the City Commission to delay the Atlantic Crossing
project for further review for these kinds of situations.
Delray Beach resident (did not state name), thanked Mayor Glickstein
and the City Commission for all the time they put in sitting on the Commission. She
stated citizens are concerned over the Atlantic Crossing Development because there are
many ambiguities. Ms. urged the City Commission to slow this down and stated the
traffic generated by this development was and still is a major concern given its proximity
to the Atlantic Avenue Bridge bordering the east and the railroad track three blocks to the
west. She stated one of the major concerns is the disappearance of Atlantic Court for
which they gave up a street and an alley. She stated everyone seems to agree that Federal
Highway should be the major point of access and unless that removal was transparent
and documented and approved by the appropriate bodies as a change on the subsequent
presentations (i.e. site plans, etc.) it has to be put back. She stated it does not seem legal
to agree that something so specific then unilaterally decided to be removed without it
being clear to all and in writing. She stated nothing regarding the absolute need for
Atlantic Court has changed and feels the City should demand that it be included in the
prof ect.
Arlen Dominek, 50 East Road,Delray Beach, FL 33483, supports the
development; however, many residents have much concern over the development
agreement and how it has been presented. Mr. Dominek stated it would be a great
addition to the city, appreciates the financial investment of the owner and the developer,
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and it will increase property taxes, the creation of jobs, and a more robust central
business district. He displayed photos of Atlantic Avenue with the traffic backed up at
approximately 2:03 p.m. on Monday and the bridge opened at 2:45 p.m. and 18 minutes
later Atlantic Avenue was still backed up. Mr. Dominek expressed concern about what
this agreement is doing and whether it protects he citizens and the city or is it just for the
developer.
Carom Patton, 1020 Tamarind Road, Delray Beach, FL 33483, stated
the following questions that community leaders and legal experts in the neighborhoods
around this development have brought to her and highlighted the most significant: (1)
where is the definitive guaranteed language for the entrance/exit the developer's
promised off Federal Highway into their garage? (2) Why does the agreement either list
this and so many other items as a specific condition that must be satisfied for them
getting a building permit? (3) Is due process being served when this agreement was
negotiated with: (a) litigation ongoing; (b) it was written with any citizen input or
knowledge, and (c) it was done behind closed doors, (4) Is due process being served
when developers were negotiating with city officials to craft this agreement but citizens
who are not party to the lawsuit and who called City Hall with questions are told by staff
that they cannot discuss anything because it is under litigation. Ms. Patton stated because
there are so many questions and omissions she urged the City Commission to defer
making a decision on this.
Sandy Zeller, Vice-President of the Marina Historic District,
(practiced municipal law in New Jersev for 35 years), urged the City Commission to
further review this developer's agreement since there are numerous reasons why this
agreement is not ready or approval and execution by the city as now drafted. Mr. Zeller
stated Section 2.e. and Section 26 say that both parties drafted this agreement and that
any interpretation cannot be construed against either party thus the parties are left only
with what is in the four comers of the document and it is important to have a document
that articulates all of the items that are going to be included in that developer's
agreement. Mr. Zeller stated some things that were promised are Section 8 states "that
only that the approvals are set forth in Exhibit `B" site plan but it should state "that all of
the conditions in Mr. Pape's letter are incorporated by reference as part of those
approvals." Mr. Zeller stated Section 8(c) refers to Density, Intensity, Uses and Building
Heights yet the specific number of residential units square feet of retail restaurant office
parking spaces and maximum building heights are not specified; Section 4 states that in
past agreements are rescinded including the east/west road as well as the easements
related to that road; however, this agreement does not include the easements or any of
their terms. Mr. Zeller asked why there is not a version clause as like in the 2009
agreement that protects the city so that if there is not full compliance at least there will be
some delay in the finality of the abandonment. Mr. Zeller stated the original agreement
the developer stated that with respect to valet parking there would be three (3) stations;
two (2) above ground and one (1) underground and this agreement states that there is
only one (1) aboveground.
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_Nam MacManus, 138 Marine Way, Delray Beach, FL 33483, stated
the developer said in January to the City Commission that there will be no construction
traffic allowed through the Marina Historic District or Palm Trail neighborhoods and this
is not in the agreement or Mr. Pape's letter; Section 3.32(b) — Assignment and Transfer
of Development Rights states "The City has no right to control or to consent to a transfer
of development rights to another person or entity except in limited circumstances." Ms.
MacManus stated this is a massive development and needs to be revisited to give the city
control and to vet any transfer to anyone else.
Claudia Willis, 160 Marine Way, Delray Beach, FL 33483, stated there
are so many questions with Atlantic Crossing the largest development ever proposed for
Delray Beach. She urged the City Commission to bring in an outside independent
consultant to protect the city as like the city did in 2009 when Steve Rubin was engaged
for the initial development agreement and what has been done with Waste Management.
Ms. Willis stated the recent Auburn Trace foreclosure which could expose the city to
significant losses was an example of what happens when the city defers too much to a
developer. Ms. Willis urged the City Commission to defer approval until they are able to
i
solicit additional input from the public and resolve outstanding questions.
Karen Granger, President and CEO of the Greater Delray Beach
Chamber of Commerce,reiterated that on behalf of the Chamber of Commerce that they
have publicly expressed their support of this project primarily because it ties in with the
their mission of job creation during the project, long-term, and is a positive use of
underutilized space.
Ryan Boylston, 101 N.E. 11th Street, Delray Beach, FL 33444 (Board
member of the Downtown Development Authorily andspeaking on behalf of the
Downtown Development Authority), stated the DDA agrees with the height, density
and design of this project; none of those items fall within our purview; however, Mr.
Boylston stated what does is retail development and he made reference to the Cluster
Study and explained that this project is within Cluster 6 which is a critical pedestrian link
between the beach district, Cluster 8, and the heart of downtown Cluster 4. He stated
"the DDA is committed to continuing this retail strategy and will rely on the development
of Atlantic Crossing to help Cluster Six become more functional. The DDA staff has
been consulting with the developers regarding retail mix within this development over the
past several years." Mr. Boylston stated he supports this project because he has seen this
project go through many years of revisions and this is a refined project with a quality
developer in an area of need. He stated with this project the city is getting mixed use,
needed office, needed retail and city infrastructure improvements and a list of conditions
approved by the developer.
Grea2 DeBartolo 1131 Boxwood Drive Apt. "C" DeIrgy Beach FL
j 33445, stated as the site sits now it is ugly and vacant. Mr. DeBartolo stated the density
fits in with the Colony Hotel and the Seagate Hotel. He stated traffic is an issue and if
Federal Highway was not adjacent to the project then is would not be supporting it. Mr.
DeBartolo stated he does not see the impact on the residential neighborhood to the north
being as great as it could have been if Federal Highway was not there. He urged the City
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10/21/14
I
Commission to move forward with this project.
Marie Gardella NoWnger, 329 N.E. 7th Avenue, Delray Beach, FL
33483 (lived in Delray Beach for over 30 years; in this house for 23 years), stated this
street is a nightmare of traffic and she works from her home for a hospital system and the
cars speed up and down N.E. 7th Avenue all day long._ She suggested that the light at the
intersection of N.E. 7t1i Avenue and Atlantic Avenue be moved east of the intersection;
people heading west speed over the bridge and even if the light is yellow drivers pull up
blocking off 7th Avenue so people cannot cross over to S.E. 7th Avenue. Ms. Nofsinger
stated there was discussion of 7th getting closed off and suggested that it be closed at 4"'
and 2 because people can still get in from Federal Highway that live there. She stated it
takes away her quality of life to listen to traffic all night and all day long. Ms. Nofsinger
stated she lives here and cannot get to the beach or the grocery store. She feels the
project needs to re-think this out and instead of the tearing down the plaza to re-green it
and use what we already have.
Kristine Dehaseth, 29 Sable Island Drive, Boynton Beach, FL 33435
(former Delray Beach resident and leased an office space in Delray Beach for 8
ears), stated over 18 months ago she expressed ongoing concern of the future of
Veterans Park (privatization of the park, lack of adequate parking and access for visitors,
and the pets from Atlantic Crossing would be roaming the streets looking for relief since
they are not welcome in the park per city rules). Ms. Dehaseth stated this agreement
needs to be legally binding condition of the agreement with certain specifications with
payment of the funds date certain and under the jurisdiction of Parks and Recreation. She
requested that the City Commission add the following to the proposed amended
agreement: (1) $500,000 be placed in escrow upon execution of the agreement, (2) the
funds be non-refundable, (3) the commitment to the funds be transferred to any future
agents or parties, (4) the park remain open during construction and all necessary steps to
maintain the access and the cleanliness of the park be the responsibility of the developer,
(5) disbursement of the funds be at the discretion of the city and Parks and Recreation so
the funds can be best utilized in the Master Plan renovations when they are needed and
not held hostage in return for the issuance of the Certificate of Occupancy.
Robert Hartsell, representing the Harbour House Homeowners'
Association, 825 N.E. 1st Street, Delray Beach, FL 33444, stated for the record he
submitted a binder with the documents that go along with the City Attorney's summary
of what the issues are. In addition, Mr. Hartsell stated there are transcripts of all of the
meetings in regard to the formal approvals and he submitted a comment letter. Mr.
Hartsell stated in 2009 there was a promise made that there was going to be Atlantic
Court (easement) to go through and the developer came back in 2011 and received this
Commission's vote to grant and dedicate those easements so that Tracts D (dedicated for
Atlantic Court) & Tract E and was the easement was recorded with Palm Beach County.
Mr. Hartsell stated the Harbour House Homeowners' Condominium Association would
like to keep the easement.
I
Carol Anderson, 1441 East Bexley Park Drive, Delray Beach, FL
33445 (speaking on behalf of S.A.F.E.), asked if this development agreement would
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supersede or supplement what is already in the approved project. Ms. Anderson stated
she believes that there was agreement from the developer to fully fund and provide a
dedicated night-turn lane for west bound traffic on 1St Street turning onto Federal
Highway going north. She commended those who have worked on the development
agreement for including the bus shelter and the money for a shuttle. Ms. Anderson stated
for the reasons stated by the Chamber of Commerce and Downtown Development
Authority (DDA) she feels this project will be a great for the city and she is glad that
progress has been made in relieving some of the concerns about ingress/egress and
general congestion.
Benita Goldstein, 302 N.E. 7th Avenue, Delray Beach, FL 33483, stated
the City approved the site plan on the condition that traffic problems would be mitigated
by this and future developers who own the property knowing the affect, gridlock, and
traffic would have on all the neighborhoods on both sides of the bridge. However, Ms.
Goldstein stated this is not what the agreement states. Ms. Goldstein stated this
agreement is both inconsistent, vague, and has flagrant omissions. She asked how the
traffic will be mitigated so as not to overwhelm the neighborhoods and urged the City
Commission to protect the rights of the city and the rights of its citizens.
Joy Howell,338 NE 7"Avenue, Delray Beach, FL 33483 (new resident
former Commissioner in a beach town), the agreement as presented does not appear to
be complete and it does not appear to encompass all of the agreements and the
negotiations that went through this long process. She suggested that the City
Commission go back and make sure everything is in the agreement and then start the
public hearing process. Ms. Howell urged the City Commission to reject the Hold
Harmless Agreement regardless if the City Commission waits on the litigation or not
because in their case it led their City Council into an alliance with the developer.
Charles Dortch, 112 S.E. 7th Avenue #2, Delray Beach, FL 33483
(lived in Florida for 35 years; his home he built for 18 years), urged the City
Commission until the lawsuits are settled and see what the outcomes are and proceed
from that point and go forward.
Joe Silk, 1118 NW 5th Avenue, Delray Beach, FL, 33444, supports the
project urged the City Commission to moved forward with the Hold Harmless and
Indemnification Agreement to move this project along.
Steve Friedman 235 NE 1St Street #411 Delray Beach FL 33444
stated he has attended many meetings with respect to this project and he has noticed a
continual effort on behalf of the developer to try to meet with the homeowners and the
opposing parties. Mr. Friedman stated Board at the Astor consists of five (5) people and
there were nine (9) other residents in attendance; eight(S) of the nine (9) were in favor of
the project and all five (5) members were in favor of the project. Mr. Friedman stated
this will be a world class project and feels this project will give the Avenue a tremendous
boost in the right direction with regard to retail restaurants, etc.
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10/21/14
Zack Odhwani, 2115 South Ocean Bouelvard Ant. #7, Delray Beach, j
FL 33483, stated this project has been approved and he feels that the developer has made
a lot of concessions. Mr. Odhwani stated he fully supports the project and urged the City
Commission to move forward with this project.
Rick Edick 615 North Ocean Boulevard Delray Beach FL 33483
agrees that this property should be redeveloped and stated the City Attorney did an
excellent job in summarizing what took place. However, Mr. Edick expressed concern
that this amended development agreement does not incorporate all of the conditions that
Mr. Boylston and other speakers have been hashed out. Mr. Edick stated this is a
significant project and urged the City Commission to bring this back as a reconsideration
and not move forward with the agreement.
I
Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 33483, briefly
discussed the initial meeting and feels that people cannot blame the developer for not
closing 7t' Avenue is wrong. Mr. Humanik urged the City to hire a traffic engineer and
urged the City Commission to let the court case play out and then come back to work it
all out.
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), commented about the same 50 people that speak at
every meeting and he urged the City Commission to support this project.
Jestena Boughton, 525 East Atlantic Avenue, Delray Beach, FL 33483
awns and lives at the Colony Hotel stated everyone is about to see a big change on
Federal Highway with the beautification project. Ms. Boughton stated she is in favor of a
new development and it is important to know what you get in the open space (i.e. the
width of the sidewalk, if there is a bike lane, if there is an alley, if you can drive down the
street). Ms. Boughton stated she does not know what the developer is actually proposing
right now.
Gary Shusas, 120 South Ocean Boulevard #1-E, Delray Beach, FL
33483(lived in Delray Beach for 12 years), stated less is more and try to make this
project something that everyone can be proud of instead of an eyesore.
Cindi Freeburn, 371 East Mallory Circle, Delray Beach, FL 33483,
stated she is suspect of the development agreement and asked why some things in this
agreement and some things notably missing are. She asked what the developer's timing
and motivation for bringing this forward is and why the sense of urgency. Ms. Freeburn
stated she moved here for what Delray Beach is and asked what does this mean to her and
why are we talking about it.
There being no one else from the public, the public hearing was closed.
Mayor Glickstein asked the applicant's counsel Mr. Handler if he is
familiar with the proceedings of his predecessor who is representing the developer when
there were representations made regarding the abandonment of the north/south alley in
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return for the addition of the north/south connecting road from Federal Highway to 7th
Avenue east/west.
Mr. Handler stated he does not remember the representation that was made
at the meeting. Mayor Glickstein stated there was a substantial quid pro quo
representation by the developer's counsel about abandoning the north/south alley in
return for the east west connecting road and it was publicly noticed as such because there
was much public interface about that particular piece and the project was approved.
Mayor Glickstein stated in the City Attorney's summary he stated it is platted and it
shows the abandonment of that alley and also shows the addition a dedicated tract on the
j new plat. Mayor Glickstein stated when the site plan came back from approval (the latest
j approval) which the Commission is not revisiting in this discussion tonight. There was
no notice provide neither in the SPRAB report, Planning and Zoning notice to adjoining
land owners that the easement abandonment was still in place but that the dedicated tract
was no longer part of the plan and asked Mr. Handler if he sees that as a due process
issue for the City. In response, Mr. Handler stated he cannot answer at this point without
reviewing exactly what the record shows and what the vote was on that particular issue.
Mr. Jacquet asked if the City Commission can discuss the merits of the
case itself or should they focus on the procedure and he does not want to help any side of
the cases.
Mayor Glickstein stated he is not suggesting that due process was not
followed and is not suggesting due process was followed but is simply suggesting that
due process is an issue to be resolved.
The City Attorney stated when he met with the developer initially he
asked him if he wanted to go forward in light of the pending litigation or wait and the
developer responded "fall speed ahead." For that reason, the City Attorney stated it is
relevant to the discussion today and he does not have an objection to discuss the
litigation; and, the petition for the writ of certiorari is fully briefed and it is almost in the
form of an appeal and he had a telephone conversation with Mr. Handler over the past
several days and asked him if he has a problem during this discussion if the lawsuits are
discussed and Mr. Handler stated he has no objection to having that as part of the
discussion. Mr. Handler reiterated that he has no objection and stated in order to evaluate
this properly he believes it should be fully discussed and never wanted to hide behind the
litigation which they were defending along with the City. Mayor Glickstein stated it may
come that there is no action taken tonight but it may end up being a public discussion on
the terms of the agreement and that deferral based on the amount of uncertainty may
come for different reasons.
Deputy Vice Mayor Jar ura stated development agreements are under the
purview of statutory framework that requires certain things to be inside the development
agreement; the developer is allowed to construct this project without the development
agreement because he has a site plan approval which is a binding agreement that gets rid
of the previous approvals and it is a new approval. She stated there are parts of that site
plan that a lot of people are not comfortable with; however, Deputy Vice Mayor Jarjura
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stated that is not what is before the City Conunission tonight and thus the reason why the
City did not hire an outside consultant and is why the City Attorney is doing this. Deputy
Vice Mayor Jarjura stated one thing that kept coming up is that the developer's
agreement gives the developer additional benefits that were not afforded in the original
site plan approval. The City Attorney stated he has not heard or seen a term that has been
raised that he believes was omitted from the developer's agreement. The City Attorney
stated what is in the agreement is what is reflected in the site plan approval and in the
conditional site plan approval letter from City staff. The City Attorney stated this
Commission engages in discussion and debate and because one Commissioner makes a
comment or a request, that is not final action; if it is not a motion that is not action. The
City Attorney stated this was drafted with the assistance of the Senior Planning staff and
if someone can show him in the record where he missed something he would be happy to
correct it and then would suggest that the Commission amend it that way. Deputy Vice
Mayor Jarjura stated there were comments that the developer's agreement only
referenced the approval and not the conditions; the conditions of approval were
incorporated into the conditions of approval. The City Attorney stated an Exhibit to this
agreement is the February 12, 2014 conditional site plan approval letter executed by City
staff referencing the conditions. Deputy Vice Mayor Jarjura stated does a development .
agreement add any additional requirements that were not part of the site plan that are to
the City's benefit (i.e. Veterans Park contribution) and the resident who raised some
suggestive language were some good suggestions. The City Attorney asked what some
other examples are of requirements that were to the City's benefit that have been added.
The City Attorney stated with regard to the tree relocation it is a page worth of the
agreement to provide how that is done and there is greater detail on some of the
enhancements that the developer is supposed to provide. The City Attorney stated the
greatest benefit to the City which does not exist in the site plan agreement is the $500,000
contribution of Veterans Park.
Vice Mayor Petrolia mad reference to Section 4 and expressed concern
that the developer is getting the benefit. For instance, Vice Mayor Petrolia stated if the
issue about the road comes up and the Commission agrees to it, then it would be an
inconsistency with what the current site plan would have.
The City Attorney stated this is discretionary language and suggested to
strike that language.
Vice Mayor Petrolia read the following language from the agreement:
"The purpose of this agreement is to establish certain conditions which will result in the
developer making certain significant infrastructure investments in accordance with the
site plan of sufficient magnitude in the city to make the project both physically and
financially feasible and to freeze as of the effective date the LDRs which will govem the
development of the project. This agreement will provide the parties with additional
certainty during the development process all prior approvals resolutions and agreements
by and between the City and developer its predecessors, successors, or assigns which are
deemed inconsistency with the site plan as defined herein shall be deemed superseded,
rescinded, and no longer of any force or affect."
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Mayor Glickstein suggested ending the paragraph after the word"process"
and delete the last sentence. The City Attorney stated if the City Commission proceeds
with the agreement that they will strike that sentence.
Vice Mayor Petrolia read a brief statement into the record and suggested
that this item be tabled until her concerns can be worked out.
Mr. Jacquet stated he voted against this project at that time; SPRAB voted
to approve and came to the Commission to appeal it and he supported SPRAB's decision.
Mr. Jacquet asked if there is anything in this agreement that is out of the ordinary that the
City has agreed upon with this developer prior. The City Attorney stated he distributed to
this Commission a memo earlier today comparing this development agreement to the
prior development agreement and he pointed out two (2) drafting discrepancies; the first
one was just discussed which was the second sentence of Section 4; the second drafting
discrepancy is the assignment provision; another discretionary provision is written
slightly differently in this agreement than was in the prior development agreement. The
City Attorney stated other than that and the deal specific points in the site plan approval,
there are no differences.
Mayor Glickstein referenced the agreement and stated on page 3 the
definition of approvals why does that not include the Planning and Zoning approval of
the existing plat and City Commission approval of the same plat. The City Attorney
stated one of the conditions of site plan approval is that the applicant submit a replat
consistent with the site plan; Page 5 — Section 4 the discretionary language does not
belong there (the City Attorney agreed); Page 6 — Mayor Glickstein stated he is not
agreeable to extending the development agreement term; Section 9—public right-of-way
there are no easements or right-of-way shown on Exhibit "B" and asked why the plat is
not an exhibit to this which does show easements and right-of-way; the City Attorney
stated the agreement states that the developer intends to provide so that is why these are
not shown and the current plat that is recorded for this parcel represents that this
developer has no intention of building under that plat but this developer must replat
consistent with the site plan. Mayor Glickstein stated a developer's agreement in many
j ways will benefit the city and you do not want to just have a site plan approval for a
project this complex. He stated the right-in and right-out needs to be codified.in this
agreement. Mayor Glickstein stated with respect to the reversion clause on N.E. 7t'
Avenue and if there is default or non-performance the City needs to have the ability to get
its street back in no under certain terms; while the City wants to encourage sidewalk
cafes the way he reads this it is not subject to whatever new rules or ordinance the
Commission passes relative to sidewalk cafes and that is not acceptable; Page 8, Section
9(k) N.E. 7t Avenue Closure and the Palm Square traffic calming and stated neither of
these should be discretionary and it should not be up to a City Engineer to determine
what is acceptable given the City does not have a Traffic Engineer; he suggested that
there be a traffic consultant and there needs to be some parameters to this which deals
with construction which is a totally different remedy than post-completion; post-
completion being defined in phases so what is done in Phase 1 or 11 may be entirely
i needed when the entire project is completed; with respect to the
different than what s p � p p
trigger points relative to Palm Square prior to the issuance of a Certificate of Occupancy
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for Building 1 that should be prior to a Certificate of Occupancy (CO); Page 9, Section
9(r)— Veterans Park Donation should read "the donation shall be made on the earlier to
occur of (a) or (b)." Mayor Glickstein stated this is not considered an impact fee or
contract zoning and asked if they can still use this language and require a bonding or a
letter of credit without stepping over the contract zoning or impact fee issue; Page 11,
Section 12(a) — Universal Approval Expiration Date Mayor Glickstein stated we should
not be extending any time on this development agreement; the prohibition on
downzoning and asked why this language is necessary; Page 17, Section 32(c) "Any
assignment of any part of this Agreement to any person or entity...., which approval will
not be unreasonably withheld, conditioned or delayed." Mayor Glickstein stated the
language "unreasonably withheld" is too loose for a project of this complexity and
suggested that a financial viability/capability piece be put in there instead. Mayor
Glickstein stated he recalls there was a representation of the valets and the below grade
valet was of critical importance. He stated this needs to be clearly defined because
without that people will be pouring off Federal Highway not knowing where they are
going.
Vice Mayor Petrolia made reference to Page 8, Section 9(1)(1) and 9(1)(2)
— Traffic Signalization coming out of the garage that was also mentioned during the time
the City Commission was discussing this back in January (2014) that was supposed to be
provided (inside signalization to alert people so if the bridge were up then people could
re-route and exit on the northeast corner). Vice Mayor Petrolia referred to Page 11-12,
Section 15 — Workforce Housing commented about the workforce housing. The City
Attorney stated Article 4.7 of the LDRs is approximately 15 pages which governs
Family/Workforce Housing Covenant. Vice Mayor Petrolia commented about Page 17,
Section 32(c) and stated the City Commission should be a part of this. Brief discussion
followed between Mayor Glickstein and Vice Mayor Petrolia regarding Page 17, Section
32(b). Mayor Glickstein stated benefits are fine as long as there are obligations, terms
and conditions. The City Attorney confirmed that they should not receive the benefits
without the burdens.
Deputy Vice Mayor Jarjura stated the City Commission is bound by the
approval of the January site plan and the City Commission has discretion as to when they
approve the development agreement. Deputy Vice Mayor Jarjura stated she will provide
the City Attorney her technical comments separately. With respect to the agreement,
Deputy Vice Mayor Jarjura stated there have been good comments made as to ways on
how to improve the development agreement. With respect to Mayor Glickstein's point
about the plat, she finds it curious that the Commission is approving a development
agreement that references a plat that has not been approved and she would also like to see
what happens with the pending litigation. Deputy Vice Mayor Jarjura stated although the
City Commission has purview to when they approve this development agreement, they
do not have purview as to the details of the site plan and emphasized there will not be any
substantive changes to the site plan which includes the east/west road. She explained that
this would be a major site plan amendment modification that a previous Commission has
already approved it not being there. Deputy Vice Mayor Jarjura stated the east/west road
cannot be put in without the developer starting all over with an entirely new site plan and
approval process subject to the lawsuit.
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Mayor Glickstein suggested that staff post to the website and stated the
City Commission is not taking any official action on this item tonight. The City Attorney
stated when he prepares a revised agreement it will be redlined so everyone will clearly
see the new version versus the old.
At this point, the time being 9:17 p.m. Commissioner Jacquet left the
meeting.
At this point, the time being 9:23 p.m., the Commission moved back to
Item 9.A. of the Regular Agenda.
9. REGULAR AGENDA:
9.A. WAIVER REQUEST/920 SEASAGE DRIVE: Consider approval of a
waiver request to Land Development Regulations (LDR) Section 4.3.4(K), "Development
Standard Matrix", to reduce the lot frontage from 100' feet to 95' feet and the lot width
from 100' feet to 87' feet for Lot 3; and to reduce the lot width from 100' to 96' for Lot 4
for the property located at 920 Seasage Drive. (Quasi-Judicial Hearing)
Mayor Glickstein read the City of Delray Beach Quasi-Judicial rules into
the record for Item 9.A. and Item 9.13.
Kimberly Wynn, Acting City Clerk, swore in those individuals who
wished to give testimony on this item.
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Vice Mayor Petrolia stated she spoke to Attorney Steven Wherry
briefly on the telephone. Deputy Vice Mayor Jarjura stated she spoke to Attorney Steven
Wherry as well. Mayor Glickstein stated he had no ex parte communications to disclose.
I
Dana Little Planning and Zoning Director, entered the Planning and
Little, g b g
Zoning Department project file 42014-219 into the record.
Mr. Little stated this item is for the City Commission to consider a waiver
request and minimum lot dimensions including minimum lot front dimensions and
minimum lot width dimensions. The applicant wishes to and width demolish the existing
single family home that straddles both existing platted lots and build two new homes; one
on each of the lots. Mr. Little stated Lots 3 and 4 are part of Block 5 of the Seagate Plat
dated August 17, 1953. The property in question contains Lots 3 and 4 which is zoned R-
1-AAA and the applicant is seeking relief from LDR Section 4.3.4(K) Development
Standards Matrix. He stated the property in question backs up to the Intracoastal and
fronts SeaSage Drive just southwest of the Azalea Road intersection. Mr. Little stated
with respect to the R-1-AAA zoning district there are minimum frontage requirements of
100 feet, minimum width requirements of 100 feet, minimum depth requirements of 110
feet, and minimum lot size square footage requirements of 12,500 square feet. He stated
Lot 3 the existing platted lots has a frontage of 95 feet and it exceeds the depth and
overall square footage requirements; Lot 4 meets the frontage requirements; however, it
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I
exceeds the width requirements by 4 feet and it exceeds the overall minimum lot size j
square footage requirements. In some case, Mr. Little stated the roads are curvilinear and
there are many lots that do not meet the minimum lot frontage requirements. Mr. Little
briefly reviewed the waiver findings pursuant to LDR Section 2.4.7(B)(5). The applicant
is requesting relief to the minimum lot frontage to allow for 95 feet of frontage versus the
100 feet and there is also a request for a second waiver for Lot 3 which is the minimum
lot width dimension (the existing platted lot is 87 feet wide and not 100 feet wide) and
Lot 4 (immediately to the south and adjacent) is seeking relief from the minimum lot
width to allow for the 96 foot lot to be developed as a single family lot as well.
Mr. Little stated the Planning and Zoning Board review of the proposal is
not required. Formal public notice has been provided to the owner of the subject property
as well as to property owners within a 500' radius of the subject property. Staff has
received an email in support from the applicant and two letters of opposition. Staff
recommends approval by two (2) separate motions as noted in staff's recommendation.
Steven Whera, Es q. with Greens oon Mardcr Law, 200 East
Broward Boulevard,_Suite #1800, Fort Lauderdale, FL 33301, representing property
owners Dr. Joseph and Kathy Colletta, concurs with staff's findings and
recommendations.
Mayor Glickstein asked if anyone from the public would like to speak in
favor or in opposition of the waiver request, to come forward at this time.
Marianne Bernardo, 1009 Azalea Road, Delray Beach, FL 33483,
resident for 35 years, stated loves the old town feel. Ms. Bernardo stated because of the
way the road curves around the traffic pattern is somewhat dangerous. She expressed
concern over the notice to the minimum lot dimension requirements and feels it is not a
need for hardship.
i
Maura Abad Lowe, 902 Seasage Drive, Delray Beach, FL 33483, lives
two (2) lots to the north of 920 Seasage Drive (sneaking for herself and her neighbor
Larry Gitlitz who lives at 910 Seasage Drive which is the lot that adioins 920
Seasage Drive), stated her neighbor did not receive notification because he was out of
the country and he has no information about what the applicant is applying for and how it
will impact his property, views, or values. In addition, Ms. Lowe stated at this late date
Mr. Gitlitz did not have the opportunity to have any representation at the hearing. Ms.
Lowe stated Mr. Gitlitz is requesting that his rights be protected and requested that the
City Commission postpone their decision by at least two weeks so that he would have
ample time to prepare his response. Ms. Lowe stated she concurs with comments
expressed by Ms. Bernardo and stated minimum lot requirements are put in place for a
reason and if you start breaking down those minimum lot requirements where does it lead
to.
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There being no one else from the public who wished to address the
Commission regarding the waiver request,the public comment was closed.
There was no cross-examination.
Mr. Little had no rebuttal.
Mr. Wherry stated they are requesting to return these two (2) lots to their
planning intent consistent with the original plat approval; the two (2) lots in question are
Lots 3 and 4 of Block 5 would be non-conforming according to today's zoning
regulations; the neighbors who live in Lots 1 and 2 are similarly non-conforming. Mr.
Wherry stated he requests that they have the same property configuration; Lots 3 and 4
are configured with one of the largest homes in the entire neighborhood and that home
blocks view corridors to the waterway for the neighborhood. Mr. Wherry stated it would
be replaced with two (2) single family homes that would comply with set-back
requirements for the zoning district and improve view corridors.
For clarification, Mayor Glickstein confirmed with Mr. Wherry that there
are two (2) non-conforming lots north of 920 Seasage Drive one owned by Mr. Gitlitz
and the other one by Ms. Abad Lowe, but the first speaker (Marianne Bennardo) is not
living on a non-conforming lot. Mayor Glickstein inquired about Mr. Wherry's statement
regarding the original planning intent. Mr. Wherry stated the lots were separately platted
on the originally approved plat and their request is to return to that same plat
configuration.
Vice Mayor Petrolia stated the plat is restoring it back to what was
originally what was platted there. She stated there have been requests for non-
conformities in this area that have been previously approved and supports the waiver
request.
Deputy Vice Mayor Jar ura stated she agrees with Vice Mayor PetroIa
that it returns it to the original plat and it is more consistent rather than the existing house
that is there now. In addition, Deputy Vice Mayor Jarjura stated Mr. Wherry raised a
good point that the two most northern parcels have non-conforming frontage themselves.
Mayor Glickstein stated everyone received the notice at the same time and
it is not fair for property owners to not proceed on their request there is some benefit on
the home coming down and two smaller homes going up and being more consistent with
Seagate. Mayor Glickstein stated whether it is one large house or two smaller houses the
setbacks are the same.
Mr. Little stated there is 195 feet of frontage on these two (2) lots which is
nine (9) feet shy of meeting the minimum and because they are not parallel and because it
is on a curvilinear road, the interior dimension is slightly smaller. He stated it would
provide greater limitations as to what can be built there because of the curvature of the
road. j
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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).
Vice Mayor Petrolia moved to adopt the Board Order (approving the
waiver request for 920 Seasage Drive), seconded by Deputy Vice Mayor Jarjura. Upon
roll call the Commission voted as follows: Mayor Glickstein—Yes; Vice Mayor Petrolia
—Yes; Deputy Vice Mayor Jarjura—Yes. Said motion passed with a 3 to 0 vote.
9.B. REQUEST FOR A SIDEWALK DEFERRAL_/1230 SEASPRAY
AVENUE: Consider an agreement to defer installing a sidewalk for the Hutchinson
Residence located at 1230 Seas pray Avenue within the Seagate Overlay District to allow
future construction of a sidewalk along the south side of Seaspray Avenue. (Quasi-
Judicial Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Vice Mayor Petrolia stated she had no ex parte communications to
disclose. Deputy Vice Mayor Jarjura stated she had no ex parte communications to
disclose. Mayor Glickstein stated he spoke with Mr. Hutchison.
Dana Little, Planning and Zoning Director, stated this is a sidewalk
deferral request and it is a 0.3247 acre property and contained a V/2 single family house.
The property is within the Seagate Overlay District and is located on the south side of
Seaspray Avenue, west of North Ocean Boulevard and east of Andrews Avenue. The
applicants have recently demolished the existing home and propose to construct a new
8,464 square foot two-story single family residence. The owner wishes to defer the
construction of a five foot (S') sidewalk adjacent to the. right-of-way along Seaspray
Avenue. No other sidewalks exist on either side of the road. Pursuant to the sidewalk
deferral agreement, the owner will construct the sidewalk along Seaspray Avenue at its
sole cost and expense at a later date, after being requested to do so by the City. Mr. Little
stated the applicants sidewalk deferral application was completed and notarized on
September 4, 2014.
Mr. Little stated the City Commission has expressed concern over the
number of sidewalk deferral requests that have been coming before this board. Mr. Little
stated at the City Commission Workshop of September 9, 2014, staff gave a presentation
discussing sidewalk deferrals and options for providing sidewalks in some areas and
providing relief for others and what are some of the options beyond just giving deferrals;
perhaps in-lieu payment options that could even be part of a larger mobility fund that
would be citywide. He stated the City's LDRs are already set up to provide for a
payment in-lieu option for the said sidewalk on the property. Mr. Little stated the
following is what staff is working with the City Attorney on putting together language
that will allow this to move forward as a viable option. From the Workshop meeting, Mr.
Little stated staff was given direction to improve the City's bike and pedestrian
infrastructure; identify areas where future sidewalks insulation may not be likely and
identify areas where deferrals will not be permitted; develop an in-lieu payment option;
and no more deferrals should be heard on the Consent Agenda. During the Workshop
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meeting, staff staff determined that four (4) sidewalk deferral applications pending. After
that Workshop meeting, Mr. Little stated he contacted the current deferral applicants
directly and informed them of the new direction and the options that would be available
to them which included: (1)build the sidewalk as required per the code, (2) participant in
an emerging payment in-lieu of program at $40 a linear foot, or (3) withdrawn their
deferral application or (4) continue with deferral application that was already in;
however, staff would no longer support the request and it would be on the regular agenda
for discussion. Mr. Little stated three (3) of the four (4) deferral applications have been
withdrawn and the one (1) applicant who has agreed to participate in the payment in-lieu
option. Staff recommends denial of the sidewalk deferral request with the understanding
that staff will be returning to the City Commission at a future date with a resolution that
will develop with the City Manager and the City Attorney formalizing the City's position
with theses sidewalk deferrals
Graham Hutchison, 1202 Crestwood Drive, Delray Beach, FL 33483
(local business owner and resident for 12 years), stated he has invested everything he
has financially into this city and gave a brief overview of what he encountered during the
submission of his building permit application (June 2014) for the Beach Overlay District
(1230 Seaspray Avenue). Mr. Hutchison stated it 's not fair for the city to ask him to pay
an in-lieu fee because he has already been in the process for five (5) months. Mr.
Hutchison stated he created a budget for this property based on what has come before.
He urged the City to inform people upfront of the costs so that they are aware of what
they will be paying before they start the process.
Gary Eliopoulos, GE Architecture 205 George Bush Boulevard
Delray Beach, FL 33444 (Architect for the Proiect), stated sidewalks in the city are
very important; however, he does not agree with the way the city is doing this. Mr.
Eliopoulos stated everything in Delray Beach has been built on not only good leadership
but also the citizens getting together and doing master planning. Mr. Eliopoulos stated he
does not feel it is fair for somebody else to pay for that when you are talking about
residents who want to build their homes, do an addition, improving the community and
helping the tax base, and at the same time make them pay for something that they will
receive no benefit unlike downtown where there are in-lieu parking fees. He urged the
City Commission to look at the policies that are in place to see if the City can make these
better.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the sidewalk deferral request, the public comment was closed.
There being no one from the public who wished to address the Commission, the public
comment was closed.
There was no crass-examination or rebuttal.
Mayor Glickstein stated this policy has been long time overdue. Mayor
Glickstein stated there should have been a trigger point established and he expressed
concern over the $160 fee the applicant paid for the sidewalk deferral and the other
person on the agenda paid that fee that they be allowed to be treated like anybody else.
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Deputy Vice Mayor Jarjura stated the Code gave four (4) options: (1)
waiver, (2) build, (3) defer, or (4) in-lieu. She stated by having the tentative approval
from the city that it was going to be on the Consent Agenda and with the cashing of the
check; she would have an issue with not allowing this to go forward. Deputy Vice Mayor
Jarjura stated there is an equity issue and if the other applicant that had removed it and
has not paid the fee then she feels the Commission has to revisit that and allow him to go
back through the old policy if be has paid; if he has not paid then the policy stands.
Vice Mayor Petrolia asked who else may be penalized in submitting a
permit applicant in not knowing what is coming. Vice Mayor Petrolia stated she
disagrees with Mr. Eliopoulos in the sense that in certain areas he feels as though they are
not going to get the benefit of it so therefore it shouldn't be; she feels it is the overall city
that is going to be benefitting from this and although there are some areas without
sidewalks, there are some areas that need them and are less likely to be able to afford
them and that this is being done as a citywide whole benefit to everybody. However,
Vice Mayor Petrolia expressed concern over the individuals who do have their plans and
budget set and the city is charging them this additional fee. Mr. Little stated most of the
single family construction in the city goes through the Building Department and does not
come through the PIanning and Zoning Department; the Planning and Zoning Department
reviews the Beach Overlay District but he can get with the Building Department staff
about this. Vice Mayor Petrolia suggested that as of the September 9, 2014 City
Commission Workshop date if you had submitted a building permit as of that date that
becomes the trigger date. Mr. Little stated the Commission may want to formalize this in
the forin of a resolution to articulate the policy to expand and clarify what is already there
not entirely changing the rules.
Brief discussion between Mr. Little and the City Commission followed.
For clarification, Deputy Vice Mayor Jarjura stated the City has the Code
codified with four (4) options that anyone who submitted a building permit application
prior to September 9, 2014 is allowed to precede under the current code; for any anyone
who submits a building permit application after September 9, 2014, that they adhere to
the new Code.
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).
Vice Mayor Petrolia moved to approve the sidewalk deferral for 1230
Seaspray Avenue, seconded by Deputy Vice Mayor Jarjura. Upon roll call the
Commission voted as follows: Vice Mayor Petrolia - Yes; Deputy Vice Mayor Jarjura—
Yes; Mayor Glickstein—Yes. Said motion passed with a 3 to 0 vote.
9.C. CONTRACT AWARD411INTERLAND GROUP, INC.: Consider
approval of a contract award to Hinterland Group, Inc. in the amount of $51,400.00
through an active contract with Palm Beach County (Contract 4WUD 12-063) for sewer
repairs on Dotterel Road. This is in compliance with Chapter 36, Section 36.02
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10/21/14
(C)(7),"Utilization of Other Governmental Entities' Contracts". Funding is available from
441-5178-536-46.24 (Water & Sewer Fund: Professional Services/Other Professional
Services).
Randal Krejcarek, Environmental Services Director, stated this item is an
award to the Hinterland Group, Inca for rehabbing some sanitary sewer and a manhole in
the amount of$51,400. Mr. Krejcarek stated the City is going to utilize the Palm Beach
County contract and staff requests approval.
Deputy Vice Mayor Jarjura moved to approve the contract award in the
amount of $51,400 to Hinterland Group, Inc. for performing sanitary sewer repairs on
Dotterel Road, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted
as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstem — Yes; Vice Mayor
Petrolia--Yes. Said motion passed with a 3 to 0 vote.
9.D. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
9.E. PURCHASE AWARD/PVS TECHNOLOGIES, INC.: Consider
approval of a purchase award to PVS Technologies, Inc., utilizing an active contract with
Palm Beach County, Florida (Bid 414-035WSWC) in an annual amount not to exceed
$310,000.00 for the purchase and delivery of liquid Ferric Chloride for use at the Water
Treatment Plant. This is in compliance with Chapter 36, Section 36.02 (C)(7),"Utilization
of Other Governmental Entities' Contracts". Funding is available from 441-5122-536-
52.21 (Water and Sewer Fund: Operating Supplies/Chemicals).
Randal Krejcarek, Environmental Services Director, stated this is for
liquid ferric chloride for the Water Treatment Plant. The City will utilize a Palm Beach
County contract and staff received a letter from the vendor indicating that this is the
lowest price in Florida. Staff requests approval to spend up to $310,000.00 annually.
The Interim City Manager stated this is a part of the City's ongoing
process and this is the first of a group that the City Commission will see before them.
Vice pp
Mayor Petrolia moved to approve an award not to exceed
Y
$310,000.00 annually to PVS Technologies, Me., for the purchase of liquid Ferric
Chloride for use at the Water Treatment Plant, seconded by Deputy Vice Mayor Jarjura.
Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes;
Mayor Glickstein— Yes; Vice Mayor Petrolia— Yes. Said motion passed with a 3 to 0
vote.
9.F. EXPENDITURE LIMIT/ODYSSEY MANUFACTURING: Consider
approval of an expenditure limit not to exceed $310,000 annually with Odyssey
Manufacturing for purchase of Sodium Hypochlorite for the Water Treatment Plant;
utilizing a City of Eustis contract, subject to the City of Eustis contract remaining valid
through June 23, 2016. Funding is available from 4415122-536-52.21 (Water and Sewer
Fund: Operating Supplies/Chemicals).
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Randal Krejcarek, Environmental Services Director, stated staff is seeking
ratification of an award expenditure annual limit not to exceed $310,000.00 with Odyssey
Manufacturing for chemicals for the Water Treatment Plant. Staff requests to use the
City of Eustis contract which expires June 23,2016.
Vice Mayor Petrolia moved to approve to ratify and approve an
expenditure limit not to exceed $310,000.00 annually with Odyssey Manufacturing for
purchase of Sodium Hypochlorite, utilizing a City of Eustis contract, subject to the City
of Eustis contract valid through June 23, 2016, seconded by Deputy Vice Mayor. Upon
roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor
Glickstein—Yes; Vice Mayor Petrolia Yes. Said motion passed with a 3 to 0 vote.
9.G. EXPENDITURE LIMIT/PROLIME CORPORATION: Consider
approval of an expenditure limit not to exceed $310,000 annually with Prolime
Corporation for hauling of lime slurry from the Water Treatment Plant, subject to the
City renewing the agreement annually through December 19, 2017. Funding is available
from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals).
Randal Krejcarek, Environmental Services Director, stated this is an
annual expenditure limit with Prolime Corporation for the disposal of lime slurry from
the Water Treatment Plant. Mr. Krejcarek stated the City has a contract with Prolime
currently which runs through the end of this year and staff sent a letter to them asking
them to extend it for another year. He stated if Prolime does not sign a letter then staff
will go out to bid and select a new vendor. Staff requests approval of the expenditure.
Deputy Vice Mayor Jarjura asked if the contract provides for another
renewal. In response, Mr. Krejcarek stated that the contract does provide for another
renewal.
Deputy Vice Mayor Jarjura moved to approve an expenditure limit not to
exceed $310,000.00 annually with Prolime Corporation for disposal of lime slurry from
the Water Treatment Plant, subject to annual renewals of the contract through December
19, 2017, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as
follows: Mayor Glickstein — Yes; Vice Mayor Petrolia Yes; Deputy Vice Mayor
Jarjura—Yes. Said motion passed with a 3 to 0 vote.
911. SAFETY MEASURES FOR MOTORISTS AND PEDESTRIANS
ALONG BARWICK ROAD: Provide direction and consider approval of one of the
options for additional safety measures for motorists and pedestrians along Barwick Road.
Funding is available from the transfer of funds from the Roadway Resurfacing Operating
Account ($200,000)to the Barwick Road Project.
Randal Krejcarek, Environmental Services Director, stated this item is for
the sidewalk along the east side of Barwick Road and there are several options for
making the drivers aware of the fact that they are fairly close to a sidewalk on the east
side and increase pedestrian safety: (1) installation of Tuff Curb along the roadway, (2)
installation of Ceramic Jiggle Bars (6,600 each-White directional Red/Clear Roadway
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10/21/14
Reflectors), (3) installation of curb and gutter along the roadway (1,700 LF), (4)
installation of flexible delineators (800 each), and (5) installation of a Guard Rail along
the roadway (1,700 LF). Staff recommends Option#5 as the most cost effective and best
solution for providing long-term additional safety to both motorists and pedestrians who
walk and drive on Barwick Road. Mr. Krejcarek stated to install the guard rail staff can
put in the Tuff Curb in now and budget for the Guard Rail next fiscal year because or
take some of the resurfacing money this year and put it toward the Guard Rail and put the
Guard Rail in this year without putting a Tuff Curb in.
Brief discussion between Deputy Vice Mayor Jarjura and Mr. Krejcarek
continued.
Vice Mayor Petrolia g something the issue to et somethin put in that would
prevent a problem. With respect to the guard rail, Vice Mayor Petrolia asked how this
would affect a bicyclist being squeezed in between the guard rail and the traffic. Mr.
Krejcarek stated there is not a lot of room between the edge of the pavement and the
sidewalk. He noted that the guard rail would be placed more toward the sidewalk.
Mayor Glickstein stated the guard rails will stop a car and he feels this is
the best option.
Deputy Vice Mayor Jarjura stated a guard rail also serves as a physical
barrier that would stop a child from running into the street or stops versus a curb which
does not prevent that or does not stop someone from parking their car.
Vice Mayor Petrolia commented about the payment of the guard rail and
asked if there is any other means by which to cover the cost versus taking it out of
resurfacing. Mr. Krejcarek stated it is a capital expenditure it would have to come out of
building maintenance or resurfacing.
Brief discussion between the City Attorney and the City Commission
followed regarding which fund the money should come from to fund the guard rail.
The Interim City Manager stated staff will look to see if there is any
flexibility with regard to where the funding will come from.
Deputy Vice Mayor Jarjura moved to approve Option #5, seconded by
Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor
Petrolia Yes; Deputy Vice Mayor Jarjura—Yes; Mayor Glickstein— Yes. Said motion
passed with a 3 to 0 vote.
9_I. VALET PARKING LICENSE AGREEMENTS: Consider approval of
the valet license agreements with the restaurants noted below.
9.I.1. VALET PARKING LICENSE AGREEMENT/THE AVENUE BAR
j & GRILL d/5/a 32 EAST: Consider approval of a valet parking license agreement
with The Avenue Bar& Grill d/b/a 32 East located at 32 East Atlantic Avenue.
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9.I.2. VALET PARKING LICENSE AGREEMENT/TAVERNA OPA
ATLANTIC, LLC., d/b/a TAVERNA OPA: Consider approval of a valet parking
license agreement with Taverna Opa Atlantic, LLC., d/b/a Taverna Opa located at 270
East Atlantic Avenue.
9.1.3. VALET PARKING LICENSE AGREEMENT 1169 NE 2' LLC.,
d/b/a MAX'S HARVEST: Consider approval of a valet parking license agreement with
169 N.E. 2nd LLC., d/b/a Max's Harvest located at 169 N.E. 2 Avenue.
9.I.4. VALET PARKING LICENSE AGREEMENT/LSMS, INC., d/b/a
TRAMONTI: Consider approval of a valet parking license agreement with LSMS, Inc.
d/b/a Tramonti located at 111 East Atlantic Avenue.
9.L5. VALET PARKING LICENSE AGREEMENT/CUT 432, LLC., d/b/a
CUT 432: Consider approval of a valet parking license agreement with Cut 432, LLC.,
d/b/a Cut 432 located at 432 East Atlantic Avenue.
9.I.6. VALET PARKING LICENSE AGREEMENT/GAFFE LUNA ROSA
INC., d/b/a CAFFE LUNA ROSA: Consider approval of a valet parking license
agreement with Caffe Luna Rosa, Inc. LLC., dIb/a Caffe Luna Rosa located at 34 South
Ocean Boulevard.
9.I.7. VALET PARKING LICENSE AGREEMENT/DELRAY TACOS
LLC., d/b/a ROCCO'S TACOS: Consider approval of a valet parking license
agreement with Delray Tacos, LLC., d/b/a Rocco's Tacos located at 110 East Atlantic
Avenue.
Randal Krej carek, Director of Environmental Services, stated staff
researched the comments that were made at the last City Commission meeting when
these agreements were brought before the Commission for approval and there are three
main things the Commission would like to see in these agreements: (1) with or without
clause in the agreement, (2) market rate that the City charges the valet lease holders for
the spaces that they utilize and (3) that the City look at them to charge the market rate for
the patrons that use those spaces. Mr. Krejcarek stated the Parking Management
Advisory Board (PMAB)'s recommendation was to not go with market rate just yet but
with the implementations of a fee-based program then there would be justification to go
to the market rate. He stated PMAB recommended all these agreements is a five percent
(5%) increase now; this is a three (3) year agreement and on the anniversary of the
agreements there will be a three (3%) increase with the understanding that when the fee-
based program is implemented, staff would come back to the Commission and revise
these agreements. Mr. Krejcarek stated staff checked with other municipalities that have
valet programs (i.e. Hollywood, Fort Lauderdale, Miami Beach, Clearwater, and
Lauderdale by the Sea) and all the cities have market rate with the exception of the City
of Hollywood. Mr. Krej earek stated all cities all have meters as well.
Brief discussion between Mayor Glickstein and Mr. Aronson with respect
to the individuals who comprise the Parking Management Advisory Board (PMAB)
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10/21/14
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followed. Mayor Glickstein confirmed with Mr. Krejearek that if the PMAB supports the
notion that when this goes fee based that it will be market rate. Mayor Glickstein stated
if the fee based program is implemented how soon staff would contact these license
holders to inform them that the City is modifying the fees. Mr. Krejcarek stated staff's
intent would be to bring a modified agreement as soon as they do the implementation of
the fee based program so that they can get closer to the market rate in the license
agreements.
Vice Mayor Petrolia asked if staff knows what the market rate would be.
In response, Mr. Krejcarek stated the market rate would be $357.00. Vice Mayor Petrolia
stated she was presented with a compilation of videos from a citizen of some of the City's
valet vendors are utilizing the City's public parking spaces up and down Atlantic Avenue
for their own benefit and the City is not receiving any benefit back from that. Vice
Mayor Petrolia stated this could be causing more issues for people who do not want to
necessarily valet park must valet park. She stated this is not just one incident but it is
occurring over and over again. Vice Mayor Petrolia stated there are also some issues
with the situation of gaming the parking garage as well. Vice Mayor Petrolia stated
because the restaurateurs may or may not know that this is going on she would like to
make sure that the Commission direct a letter to let them know that people are gaming the
system.
Deputy Vice Mayor Jarjura stated Section 18 and 19 give the violation and
penalty and how to enforce the violations. She stated we have specific violations in the
Valet License Agreements and the penalties for those violations that seem to be missing
in some of the other contracts that have had repeated issues. Deputy Vice Mayor Jarjura
suggested that the City have similar type of provisions in those contracts as well going
forward.
The Interim City Manager stated he has had discussions with the City
Attorney and this is something that they recognize and are looking into.
Vice Mayor Petrolia stated with respect to the penalties with enforcement
is someone has to be out there enforcing it. Vice Mayor Petrolia reiterated that a strong
letter from the Commission to the restaurateurs to let them know that the City knows
what is happening and if it continues and they get caught they are done.
Mayor Glickstein stated the benefit of a fee based money system is that
the money stays in that area and you have money to pay for enforcement across the board
and that is what is lacking here. He stated that same enforcement can also apply to
people that are encroaching in the pedestrian right-of-way and utilizing the public road
right-of-way improperly.
Vice Mayor Petrolia moved to approve the Valet Parking License
Agreements #1-7 subject to the City sending a letter to the restaurateurs and that there be
a meeting with the restaurateurs to reinforce (with the DDA helping as well), seconded
by Deputy Vice Mayor Jarjura. Upon roll the Commission voted as follows: Deputy
Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia Yes. Said
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motion passed with a 3 to 0 vote.
9.1.8. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
At this point, Commissioner Jacquet left the meeting.
9.J. NOMINATION FOR APPOINTMENT TO THE PLANNING AND
ZONING BOARD: Nomination for appointment of one (1) regular member to the
Planning and Zoning Board to serve an unexpired term ending August 31, 2016. Based
on the rotation system, the nomination for appointment will be made by Commissioner
Jarjura(Seat 44).
Deputy Vice Mayor Jar ura complimented the list of applicants provided
by staff.
Deputy Vice Mayor Jarjura moved to nominate Steve Mackey as a regular
member to the Planning and Zoning Board to serve an unexpired term ending August 31,
2016, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as
follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor
Petrolia—Yes. Said motion passed with a 3 to 0 vote.
9.K. NOMINATION FOR APPOINTMENT TO THE HISTORIC
PRESERVATION BOARD: Nomination for appointment of one (1) regular member to
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the Historic Preservation Board to serve an unexpired term ending August 31, 2016.
Based on the rotation system, the appointment will be made by Mayor Glickstein (Seat
#5).
Mayor Glickstein moved to nominate Rhonda Sexton as a regular member
to the Historic Preservation Board (HPB) to serve an unexpired term ending August 31,
2016, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as
follows: Mayor Glickstein — Yes; Vice Mayor Petrolia Yes; Deputy Vice Mayor
Jarjura—Yes. Said motion passed with a 3 to 0 vote.
At this point,the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
11. FIRST READINGS:
A. None
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
12.A. City Manager
The Interim City Manager stated people are bringing thumb drives to the
meetings without prior notice and suggested that if someone wants to do a presentation
they are required to submit it to the City Clerk's office at least a day ahead of time so
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that IT can scan and check the presentations for viruses. Mr. Stewart asked for the
support of the Commission to require this.
Deputy Vice Mayor Jarjura stated she would like to make sure that enough
notice is given to everybody so that they are aware of the new rules and procedures.
Mayor Glickstein suggested that a notice be posted on the board in the
lobby and that the Public Information.Officer get the word out as well.
The Interim City Manager stated when he gives his responses at the
beginning of the next regular meeting staff can announce it then.
12.B. City Attorney
None.
12.C. City Commission
12.C.1. Vice Mayor Petrolia
Vice Mayor Petrolia encouraged the Commission to take a tour through
the City of the alleyways and stated Human Powered Delray (HPD) is asking the City to
consider adopting a resolution to make the City more bicycle and pedestrian friendly as
part of a Master Plan. She stated there is a small parcel of land north of Lake Ida owned
by the County and was in the process of being sold to a private person.
Vice Mayor Petrolia stated the City of Boynton Beach was interested in
purchasing it but the County was leaning towards that private person. However, Vice
Mayor Petrolia stated today she contacted HPD who worked with the County
Commissioners who agreed to see it to the City. Vice Mayor Petrolia stated she would
like to see the Commission support HPD because she feels they have great ideas and this
is a way of rebranding the city in a more positive way.
Mayor Glickstein stated the resolution as drafted by HPD was too
aggressive and noted that the City Attorney is working on the resolution.
12.C.2. Deputy Vice M or Jar1 ura
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Deputy Vice Mayor Jarjura stated she d di the Alleyway Tour with Human
Powered Delray (HPD) and Mr. Dana Little and she had a subsequent meeting with the
Interim City Manager and Mr. Little regarding creating a multiuse linear pathway that is
east and west, north and south, to start rebranding the city as more than just a food and
beverage destination but a fitness destination. Deputy Vice Mayor Jarjura stated some of
the great cities have a unified multiuse linear park that you could do half marathons and
bicycle races. She stated when attracting businesses the demographic is looking not just
for a strong school system but a strong and healthy environment quality of life. Deputy
Vice Mayor stated she would like this discussed at a Workshop meeting. The
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Commission concurred with comments expressed by Deputy Vice Mayor .Iadura and
agreed that this item be placed on a Workshop meeting.
12.C.31 Mayor Glickstein
Mayor Glickstein asked Mr. Little if there is a way to craft some
incentives in Artists Alley to maintain that through redevelopment. He stated the Arts
District is thriving and feels it would be tragic to lose that to someone who may buy the
property through foreclosure and look at it as a redevelopment opportunity that is
different from what is there.
Secondly, Mayor Glickstein stated with respect to an email chain he saw
between staff and a private citizen about the demolition by neglect (with regard to
historic districts). He stated he was led to believe that the City had an ordinance that had
just not been enforced. Mayor Glickstein stated he would like to know from the Interim
City Manager by the next meeting if the City has an ordinance that prohibits demolition
by neglect. The Interim City Manager stated he has had Code Enforcement working on
assessing the IPMC (International Property Maintenance Code) which will give the City
additional enforceability and staff can add some things to that specific element; and, the
IPMC will also give the City additional enforceability with respect to the historic districts
as well.
Mayor Glickstein stated with respect to the indemnification, the City is
indemnified for costs and attorney's fees but feels the City should also be indemnified for
actual costs such as public safety issues because of non-performance, and partial
completion. Mayor Glickstein stated it should be comprehensive indemnification not
limited to attomey's fees.
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Mayor Glickstein stated because Purchasing has been a problematic area
he would like the Interim City Manager to include in his comments about how the
Purchasing Department is going to be restructured and what is being done differently
now than before and that the Chief Purchasing Officer pay a courtesy visit to the OIG.
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There being no further business, Mayor Glickstein declared the meeting
adjourned at 10:55 p.m.
Acting 4ty Clerk
ATTEST:
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AYOR
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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 October 21, 2014, which Minutes were formally approved and adopted by the City
Commission on April G, 2015.
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cting Qty 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.
III
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10/21/14
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