12-09-14 Regular Meeting MinutesDECEMBER 9 2014
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at
City Hall at 6:00 p.m., Tuesday, December 9, 2014.
1. Roll call showed:
Present- Vice Mayor Shelly Petrolia
Commissioner Al son Jacquet
Commissioner Adam Frankel (arrived at 6:15 p.m.)
Deputy Vice Mayor Jordana Jarjura
Mayor Cary Glickstein
Absent - None
Also present were - Terry Stewart, Interim City Manager
Noel Pfeffer, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Chaplain Anthony Cuseo.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. APPROVAL OF MINUTES:
Deputy Vice Mayor Jarjura moved to approve the Minutes of the Special
Meeting of June 3, 2014, seconded by Vice Mayor Petrolia. Upon roll call the
Commission voted as follows: Mr. Jacquet — Yes; Deputy Vice Mayor Jar ura — Yes;
Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 4 to 0
vote.
Vice Mayor Petrolia moved to approve the Minutes of the Special Meeting
of June 5, 2014, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission
voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice
Mayor Petrolia — Yes; Mr. Jacquet Yes. Said motion passed with a 4 to 0 vote.
Vice Mayor Petrolia moved to approve the Minutes of the Regular
Meeting of July 1, 2014, seconded by Deputy Vice Mayor Jarjura. Upon roll call the
Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr.
Jacquet — Yes; Deputy Vice Mayor Jarjura --- Yes. Said motion passed with a 4 to 0 vote.
12/09/14
6. PROCLAMATIONS:
6.A. None
5. PRESENTATIONS:
5.A. Spotlight on Education — American Heritage
Mr. Robert Stone, Headmaster at American Heritage,, stated each year
over 31/a million high school students take the National Merit Scholarship Qualifying Test
known as the PSAT. Mr. Stone stated this year they have the highest number of national
merit semi-fmalists and they are the number one high school in Palm Beach County for
national merit scholars. He stated there are several different categories; 15 national merit
semi-finalists, nine (9) commended scholars, six (6) national Hispanic scholars, and three
(3) national achievement scholars. Mr. Stone introduced the following semi-finalists in
the National merit Scholarship Qualifying Test. Mr. Stone thanked Mr. Ray Dass,
Founder and President of New England Prep and his top assistant who works with these
students_ Mr. Stone stated American Heritage just finished the State Football
Championship and although they lost in the Citrus Bowl but they received a silver medal.
5.5. Presentation by Sister Cities' Student Ambassadors: Julia Duca,
Alexandra Edoff, Christian Hoffman, Luna Jean, Kelli McCourt, Teaaan Murphy
and Leah Stephens
Mayor Glickstein introduced the following the Sister Cities' Student
Ambassadors who spoke about their recent trip Miyazu, Japan. Representing Delray
Beach, Atlantic High School and American Heritage School of Delray are: Julia Duca,
Alexandra Edoff, Christian Hoffman, Luna Jean, KeIli McCourt, Teagan Murphy
and Leah Stephens and their chaperones Pastor Tony Durante and Nancy King.
Former Mayor David Schmidt stated in addition to the student trip this
year in October he had the opportunity to travel to Miyazu, Japan along with Alyona
Ushe from the Arts Garage, Joe Gillie from Old School Square, Todd L'Herrou from the
Delray Beach Chamber of Commerce, and Jimmy Mihori to represent the City at
Miyazu's 60"' Anniversary Celebration and also in attendance were representatives of
their other sister cities of Nelson, New Zealand and Qingdao, China. Mr. Schmidt stated
while they were there the Mayor of Miyazu put together a friendship agreement between
the four (4) cities to promote friendship between them. In addition, Mr. Schmidt
recognized the Sister Cities Selection Committee that helped select these students
because the two American Heritage representatives were two of the students that received
the awards tonight.
Leah Stephens, Senior at Atlantic Community High School introduced the
Sister Cities' Student Ambassadors and gave a brief PowerPoint presentation of the Sister
Cities Student Ambassador Program.
2
12/09/14
At this point, the Commission moved to Comments and Inquiries on
Agenda and Non -Agenda Items from the City Manager and the Public Immediately
Following Presentations.
6.A. City Manager's response to prior public comments and inuuiries.
With regard to a prior inquiry about the overstock of garbage carts, the
Interim City Manager stated the inventory of garbage carts has run out and the City
Commission approved a bid award to Otto Environmental for the purchase of garbage
carts and the City will put the carts back out on the street again.
6.B. From the Public.
6.13.1. Patrick Halliday, Board Member for Human Powered Delray HPD
and President of the Delray Beach Bicycle Club, stated the membership of the Delray
Beach Bicycle Club has increased. Mr. Halliday expressed concern over the safety of
pedestrians along Atlantic Avenue in the evenings because of the restaurants not adhering
to the five foot (5') right-of-way. Mr. Halliday expressed concern that couples or
individuals in wheelchairs who are walking down Atlantic Avenue to enjoy the
downtown cannot get around the tables and chairs or the waiters and the people. Mr.
Halliday stated he has witnessed people having to step off the sidewalk and having to
walk in the street. He stated for the protection and safety that the City enforce the right-
of-way on the sidewalks in the evening for people to be able to safely walk downtown.
Mr. Halliday stated he and other members of HPD would volunteer to go out with a
committee at night (and during the day as well) to help the city.
6.13.2. Chuck Ridley. 210 N.W. 2nd Avenue, Delray Beach, FL 33444,
commended Mr. Stewart for treating him with respect and dignity and how he has
responded to his requests. Mr. Ridley stated it has been a pleasure to work with Mr.
Stewart and wished him all the best.
6.13.3. Christina Morrison 2809 Florida Boulevard 4207 Delray Beach FL
33483, echoed the sentiments of Mr. Ridley regarding Mr. Stewart.
Ms. Morrison spoke in favor of Item 1I.A., 9.A., and 9.D. and stated she
supports and thanked the City for giving points in the bid process for local businesses
particularly the car dealerships. She thanked the City Commission for supporting the
local enterprise.
6.13.4. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, stated
she will miss Mr. Stewart.
Secondly, Ms. Moody briefly spoke about the decisions the City
Commission has made over the last year. In addition, Ms. Moody stated the City staff
should not be thinking 5-6 years down the road but should instead be thinking about now.
Ms. Moody welcomed the new City Manager Mr. Donald Cooper.
3
12/09/14
Lastly, Ms. Moody wished everyone a Merry Christmas, Happy
Hanukkah, and a Happy New Year.
6.B.5. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483
(Chairman of S.A.F.E.), urged the City Commission to approve a resolution supporting
State Senator Maria Sachs' Bill putting a prime offense on the text driving law in the
State of Florida. He stated 34 other states in the nation have this law and it is protecting
the lives of innocent victims. Mr. Smith stated the National Safety Council estimates that
at least 200,000 crashes per year in the United States are caused from texting and driving.
He urged the City to forward the approved resolution to the Goven-lor, the Senate
President, the Speaker of the House and the League of Cities with the request that the
League contact all of their cities and ask that each city approve a similar request. Mr.
Smith provided a copy of the companion bill filed by Representative Rick Stark and
stated Maria Sachs' office is happy to assist City staff with the wording of the resolution.
Secondly, Mr. Smith stated S.A.F.E. is working on prioritizing their
citywide LDR resolutions, prioritizing them and creating a tracking system so that they
can give periodic reporting. He stated S.A.F.E. will be meeting with City staff in January
2015 and will be providing the City Manager with an update.
Mr. Smith noted that two (2) of S.A.F.E.'s recommendations are
eliminating the sidewalk waivers and by getting those sidewalks clear space, pedestrians
can walk freely down the street.
Secondly, Mr. Smith thanked Mr. Stewart for doing a great job in
supporting the efforts of S.A.F.E. and HPD and wished him well in his future endeavors.
Lastly, Mr. Smith wished everyone a Happy Holiday.
6.B.6. Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 33483, stated the
Christmas Tree Lighting Ceremony was excellent.
Secondly, Mr. Humanik thanked Vice Mayor Petrolia for commenting at
the last meeting about prohibiting smoking on the beach and stated it would be nice to
have this issue enforced. In addition, Mr. Humanik thanked Vice Mayor Petrolia for
bringing up cabanas on the beach. He requested that when the cabanas come in that they
keep the annual pass holders in the cabanas.
person.
Mr. Humanik suggested that the City consider hiring a full-time traffic
He thanked Deputy Vice Mayor Jarjura for emphasizing process.
With respect to Workforce Housing, Mr. Humanik stated people should live
in the town that they work in and that the City takes a special interest in the quality of the
construction.
4
12/09/14
6.11.7. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, thanked Mr.
Stewart and stated she hopes the new City Manager will continue transparency.
7. AGENDA APPROVAL.
The Interim City Manager requested that Item 9.D., Resolution No. 68-
14/Delray Motors, Item 9.F., Software License and Services Agreement/Sungard
Public Sector, Inc., and Item II.A., Ordinance No. 37-14 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: Vice
Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura
— Yes; Mayor Glickstein Yes. Said motion passed with a 5 to 0 vote.
8. CONSENT AGENDA: City Manager Recommends Approval.
S.A. FINAL SUBDIVSION PLAT APPROVALIRPOS DELRAY: Approve
a final subdivision plat for Resource Point of Sale (RPOS) Delray, a new office and
warehouse distribution facility located on the northeast corner of S.W. 10th Avenue and
S.W. 11t1i Street.
S.S. CLASS III SITE PLAN MODIFICATION
APPLICATION/CHRISTIANS REACHING OUT TO SOCIETY (CROS) FOR
THE CARING KITCHEN: Provide authorization for American Legion Post 188 (ALP)
to submit a Class III Site Plan Modification on behalf of Christians Reaching Out to
Society (CROS) Ministries to pursue a site plan modification application for the
renovation and expansion of the existing restroom facilities which will also include one
shower fixture in each restroom; an expanded storage area; and, a new laundry area that
accommodates a washing machine and dryer located at the City -owned property located
at 196 N.W. 8th Avenue.
8.C. REVISIONS TO THE RULES AND REGULATIONS OF THE
HISTORIC PRESERVATION BOARD: Approve revisions to the Rules and
Regulations of the Historic Preservation Board (HPB).
8.D. RESOLUTION NO. 64-14/JTS WOODWORKING: Approve
Resolution No. 64-14; abandonment of an unimproved and unpaved street right-of-way
lying between N.W. 18t1' Avenue and the CSX Railroad that measures 30' wide and
extends 94.84' east of NW 18t11 Avenue for the property associated with JTS
Woodworking.
The caption of Resolution No. 6444 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING THE RIGHT-OF-WAY, LYING
12/09/14
AT THE EAST END OF MARTY FLADELL DRIVE
BETWEEN NW 18TH AVENUE AND THE C.S.X.
RAILROAD RIGHT-OF-WAY, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING
A REVERTER CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Resolution No. 64-14 is on file in the City Clerk's
office.)
8.E. RESOLUTION NO. 67-14/PALM BEACH COUNTY; 2015
REVISED LOCAL MITIGATION STRATEGY: Approve Resolution No. 67-14 to
adopt the 2015 revised Palm Beach County Local Mitigation Strategy Plan.
The caption of Resolution No. 67-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
AND ADOPTING THE 2015 REVISED PALM BEACH
COUNTY LOCAL MITIGATION STRATEGY PLAN;
PROVIDING FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 67-14 is on file in the City Clerk's
office.)
8.F. USER AGREEMENT/PALM BEACH COUNTY SHERIFF
OFFICE: Approve a User Agreement between the City and Palm Beach County
Sheriff's Office for use of the Palm Beach Automated Law Enforcement Management
System (PALMS) and Florida Crime Information Center (FCIC)/ National Crime
Information Center (NCIC) database to access information relative to crimes, criminals
and criminal activity.
8.G. AGREEMENT AND PURCHASE AWARD/CARTEGRAPH
SYSTEMS, INC. Approve an agreement with Cartegraph Systems, Inc. in the amount of
$107,994.63 with the first year cost of $35,287.75, the second year at $35,993.51, and the
third year at $36,713.37. This is in' compliance with the Code of Ordinances, Chapter 36,
Section 36.02(C)(6)(b), "City Standard". Funding is available from multiple accounts.
8.H. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER
THAN $25,000.00/DRS GROUP: Approval for FY 2015 spending with DRS Group via
the City of Parkland Contract #2013-06 in an amount not to exceed $29,000.00 for the
acquisition of electronically scanned records into the City's archival system. This is in
compliance with the Code of Ordinances, Chapter 36, Sections 36.02 (A), "Sealed
Competitive Method" and Section 36.03(B), "Multiple Acquisitions from Vendor
Exceeding $25,000.00 in Any Fiscal Year".
0
12/09/14
8.1. SUB -GRANT AGREEMENTIDIVISION OF EMERGENCY
MANAGEMENT: Approve a Sub -Grant Agreement with the Division of Emergency
Management in the amount of $233,000.00 for the implementation of the Residential
Construction Mitigation Program (RCMP).
8_.I. AMENDMENT NO. 2 TO THE AGREEMENT/FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP): Approve
Amendment No. 2 to the Agreement with Florida Department of Environmental
Protection (FDEP) to extend the deadline to June 30, 2016 for the City's Beach
Renourishment Project.
8.K. SERVICE AUTHORIZATION NO. 12-13/KIMLEY HORN &
_ASSOCIATES, INC./SWINTON AVENUE AND ATLANTIC AVENUE
INTERSECTION STUDY: Approve Service Authorization No. 12-13 with Kmley
Horn & Associates, Inc. in the amount of $9,900.00 for professional services related to
the Swinton Avenue and Atlantic Avenue Intersection Study (Project No. 12-057). This is
in compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple
Acquisitions From Vendor Exceeding Twenty -Five Thousand Dollars ($25,000.00) in
Any Fiscal Year". Funding is available from 334-3162-541-68.86 (General Construction
Fund: Other Improvement/Swinton & Atlantic Intersection).
8.L. RESOLUTION NO. 70-14: Approve Resolution No. 70-14 assessing
cost for abatement action required to remove nuisances on thirteen (13) properties
throughout the City of Delray Beach.
office.)
The caption of Resolution No. 70-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT
TO CHAPTER 100 OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, ASSESSING
COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ABATEMENT OF NUISANCES; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 70-14 is on file in the City Clerk's
7
12/09/14
8.M. VOTE PROCESSING EQUIPMENT USE AND ELECTIONS
SERVICES AGREEMENT: Approve a Vote Processing Equipment Use and Elections
Services Agreement between the Palm Beach County Supervisor of Elections and the
City for conducting municipal elections.
8.N. RESOLUTION NO. 72-14: Approve Resolution No. 72-14 regarding the
March 10, 2015 First Nonpartisan Election.
The caption of Resolution No. 72-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CALLING FOR
A NONPARTISAN ELECTION TO BE HELD ON
TUESDAY, MARCH 10, 2015; AND A SECOND
NONPARTISAN ELECTION, IF NECESSARY,
TUESDAY, MARCH 24, 2015; ALL ELECTIONS
SHALL BE HELD WITHIN THE MUNICIPAL
BOUNDARIES OF THE CITY BETWEEN THE HOURS
OF 7:00 AM UNTIL 7:00 PM; THE NONPARTISAN
ELECTION SHALL PROVIDE FOR THE ELECTION OF
A MAYOR AND TWO CITY COMMISSIONERS;
PROVIDING THE TIME, MANNER AND MEANS OF
HOLDING SAID ELECTION, PROVIDING A SAVING
CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Resolution No. 72-14 is on file in the City Clerk's
office.)
S.O. PROCLAMATIONS:
1. Calling for the First Non Partisan Election to be held on March 10,
2015
S.P. AWARD OF BIDS AND CONTRACTS:
L Purchase award to Lehman Pipe and Plumbing, Inc_ in the amount
of $56,469.90 for water main materials to be installed by the City's
in-house construction crew for the N.W. 4th Avenue & N.W. 3`d
Avenue Water Main Project (Bid #2014-46). This is in compliance
with the Code of Ordinances, Chapter 36, Section 36.02 (A),
"Sealed Competitive Method". Funding is available from' 442-
5178-536-68.75 (Water/Sewer Renewal & Replacement Fund:
Improvements Other/N.W. 0 Avenue & 3`d Avenue Water Main).
2. Purchase award to Goodyear Tire and Rubber Company via State
of Florida Contract #863-000-10-1, in an amount not to exceed-
$40,000.00
xceed$40,000.00 from Tiresoles of Broward; an amount not to exceed
8
12/09/14
$70,000.00 from Boca Raton Tire and an amount not to exceed
$40,000.00 from Martino Tire. This is in compliance with the
Code of Ordinances, Chapter 36, Section 36.02(C)(7)(a),
"Utilization of Other Governmental Entities' Contracts" and
Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding
$25,000.00 in Any Fiscal Year".
Deputy Vice Mayor Jarjura moved to approve the Consent Agenda as
amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows:
Mr. Jacquet — Yes; Mr. Frankel -- Yes; Deputy Vice Mayor Ja&ra — Yes; Mayor
Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. WAIVER REQUEST/418 NORTH OCEAN BOULEVARD: Consider
approval of a waiver request to Land Development Regulations (LDR) Section 4.6.5(C),
"Height Restrictions" to allow the increase in height from 6' to 7' and 9' of piers and 8'
of the gate associated with the 6' wall required front yard setback for a single family
home located at 418 North Ocean Boulevard. (Quasi -Judicial Hearing)
Mayor Glickstein read the City of Delray Beach Quasi -Judicial rules into
the record for this item and all subsequent Quasi -Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Glickstein asked the Commission to disclose their ex parte
communications. The Commission stated they had no ex parte communications to
disclose.
Mayor Glickstein asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Lula Butler, Director of Community Improvement, stated this item is
consideration to approve a waiver to LDR Section 4.6.5(C) to allow the inclusion of 7'
and 9' piers with an 8' gate as accessory to the 6' wall in the front yard setback areas for
a single family residence located at 418 North Ocean Boulevard; the subject property is
adjacent to 502 North Ocean Boulevard. Ms. Butler stated the property was acquired by
that owner and is now joined by Unity of Title. Pursuant to LDR 4.6.5(C) Height
Restrictions: Walls, fences, or hedges located in a required front yard or street side shall
not exceed 6 feet in wall height. Ms. Butler stated staff recommends approval of the
waiver pursuant to LDR Section 2.4.7(B).
Bill Harrison 1101 South Rogers Circle Boca Raton FL 33487
potential contractor for building the wall, stated the homeowner feels that the
9
12/09/14
conforming wall would be aesthetically pleasing to everyone and he would like to put the
wall up on the vacant lot to cut down the foot traffic he is getting from some adjacent
properties.
Mayor Glickstein asked if anyone from the public would like to speak in
favor or in opposition of the waiver request, the public comment was closed.
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Frankel moved to adopt the Board Order as presented, seconded by
Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mr.
Frankel — Yes; Deputy Vice Mayor Jarjura Yes; Mayor Glickstein — Yes; Vice Mayor
Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
9.B. IN -LIEU OF PARKING FEE AGREEMENT/RMS PROPERTIES:
Consider approval of a request from RMS Properties for the purchase of four (4) in -lieu
parking spaces located at 110 East Atlantic Avenue at a cost of $23,660.00 each totaling
$94,640.00 to be paid through a Parking Fee Agreement requiring 50% payment upon
ratification of the agreement and two 25% payments on the second year and third year
anniversary date of the agreement. (Quasi -Judicial Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. The Commission stated they had no ear parte communications to
disclose.
Randal Krejcarek, Director of Environmental Services, stated this item is a
request for in -lieu for 110 East Atlantic Avenue, has submitted an in -lieu of parking
application to accommodate in -fill of the second and third floors (515 and 587
respectively), eliminating the current opened -air configuration, creation 1,102 square feet
of new office floor area. He stated this request for four (4) in -lieu parking spaces. Mr.
Krejcarek stated the request is consistent with LDRs, City Comprehensive Plan, and the
City Policies and/or studies. Pursuant to LDR Section 4.6.9(E)(3), the City Commission
may approve the payment of a fee in -lieu of providing required parking spaces when,
none of the in -lieu are related to residential use and spaces provided under this provision
do not exceed 30% of eligible parking. Mr. Krejcarek stated this project is in Area 1 of
the in -lieu and Area 1 is $23,660 per space resulting in a total in -lieu fee of $94,640.00.
He stated this agreement requires 50% payment upon ratification of the agreement and
two 25% payments on the second and third anniversaries of the agreement.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the in -lieu of parking fee agreement, the public comment was
closed.
10
12/09/14
For the benefit for the public, Mr. Jacquet asked staff to explain what the
in -lieu parking fee is for. In response, Mr. Krejearek stated the in -lieu program is a way
to encourage development in the downtown area where there is not sufficient on-site
parking for that development and it allows a developer to pay into an in -lieu fund. Mr.
Krejcarek stated the funds are collected and maintained in an in -lieu fund. The funds are
going to be used for parking purposes so there is a restriction on how the uses are fund.
Mr. Jacquet asked if the funds are only for parking purposes and what are the limitations
that the in -lieu fees are being used for. Mr. Krejcarek stated the money is in a specific in -
lieu fund for only parking purposes.
Vice Mayor Petrolia stated unbeknownst to the owner there was a tenant
that was operating a business out of this particular property and that would have required
additional parking. Mr. Krejcarek stated he would have to research that to see that it did
stop; it would be a Code Enforcement issue in the fixture to make sure it does not happen
again. The Interim City Manager stated since staff has become aware of it Code
Enforcement would have taken an action and now that Code Enforcement is aware of it
they would know to check it. The Interim City Manager stated once they are cited for
something like that, it would be unusual to try and do it again.
With regard to the Parking Management Advisory Board (PMAB) and the
three (3) dissenting members, Mr. Jacquet asked staff about the discussion. Mr.
Krejcarek stated Mr. Marincola made a motion that if the spaces were related to
restaurant use that it should be at the restaurant rate not the office rate. After the PMAB
meeting, Mr. Marincola sent an email to Scott Aronson and said he was wrong in what he
was proposing in his motion and asked that the use be kept office not restaurant and the
Board members agreed.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Frankel moved to approve the Board Order, seconded by Deputy Vice
Mayor Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor
Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet --- Yes;
Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
9.C. RESOLUTION NO. 63-14/GALLAGHER BENEFIT SERVICES,
INC.: Consider approval of Resolution No. 63-14; approving a continuity of services
and agreement with Gallagher Benefit Services, Inc. to provide for the continuation of
employee benefits services consultant; while the City engages in a competitive bid
solicitation, declaring by a four-fifths affirmative vote that the City's sealed competitive
method or written quotations procurement method is not in the best interest of the City.
The caption of Resolution No. 63-14 is as follows:
11
12/09/14
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING A
CONTINUITY OF SERVICES AND AGREEMENT
WITH GALLAGHER BENEFIT SERVICES, INC. TO
PROVIDE FOR THE CONTINUATION OF EMPLOYEE
BENEFITS SERVICES CONSULTANT; WHILE THE
CITY ENGAGES IN A COMPETITIVE BID
SOLICITATION, DECLARING BY A FOUR-FIFTHS
AFFIRMATIVE VOTE THAT THE CITY'S SEALED
COMPETITIVE METHOD OR WRITTEN
QUOTATIONS PROCUREMENT METHOD IS NOT IN
THE BEST INTEREST OF THE CITY; PROVIDING
FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 63-14 is on file in the City Clerk's
office.)
Ed DeMicco, Risk Manager, stated this is item is for the continuation of
services with Gallagher Benefit Services, Inc. for employee benefit consulting for a
period commencing on October 1, 2014 through December 31, 2014 and month-to-month
thereafter for the amount of $9,166.67 per month. Mr. DeMicco stated the City of Delray
Beach in RFQ No. 2015-12 for Employee Benefit Consultant Services. Staff estimates
the bid process to be completed no later than January 30, 2015. Staff recommends
approval of the five (5) month extension of the agreement with Gallagher Benefit
Services in the amount of $9,166.67 per month through December 31, 2014 and month-
to-month thereafter and to approve the best interest Resolution No. 63-14.
Vice Mayor Petrolia Mr. DeMicco stated the City received approval from
a previous City Manager to go through the end of September 30, 2014. Mr. DeMicco
stated staff went out for an RFQ late last year and the beginning of this year and also
engaged in an RFP to go out for the carriers that provide the health insurance networks
and hospitalization hospitals. At that time, Mr. DeMicco stated it was deemed by the
City Manager at that time that too much was going on. Mr. DeMicco stated the broker
plays a big part in the RFP for the carriers but in the open enrollment period as well (June
1St renewal for the City's group health insurance). Therefore, Mr. DeMicco stated
permission was granted to suspend the RFQ at that time and to revisit it once the open
enrollment was completed. He stated staff revisited the RFQ for the broker and Monday,
December 15, 2014 the Selection Committee is going to select a broker for the next
current year. Mr. DeMicco stated staff has been paying up to September 30, 2014. Vice
Mayor Petrolia inquired about the selection of the carrier being back in April/May and
asked why the RFQ didn't kick in at that point in time so that now it is now December
and the City without having a contract. Mr. DeMicco stated through the process staff
discovered that there was no contract and thus the reason they are asking for the
continuation of the contract. He stated the City had the approval to pay the monthly bill
through September 30, 2014. Mr. DeMicco stated staff started the process in the
summer; however, it is taking a little while working with the departments to get it out for
an RFQ; he stated it has been out for an RFQ for a month a so. Vice Mayor Petrolia
12
12/09/14
asked what is the City is getting for $9,166.67 a month. Mr. DeMicco stated they do
everything from actuarial services, they assist in the Wellness Center that the City
provides for the employees and all the functions of the group health insurance and they
are a partner with the City.
Deputy Vice Mayor Jarjura stated she shared Vice Mayor Petrolia's
concerns when she met with the City Manager and the City Attorney earlier today.
Deputy Vice Mayor Jarjura stated the issue is not only the RFQ had to be worked out; if
the contract was expiring September 30, 2014 then this extension should have been put
on then so that the City would not have been working without a contract rather than wait
two (2) months.. Mr. DeMicco stated going forward staff will not have those issues.
Vice Mayor Petrolia commented that there is the broker, the insurance
company, the Risk Management, and Human Resources administering some of this and
asked if this is a vital part of this process or is something that we have to have in order to
be able to make this work or is this something that we should be able to do without
having to have this piece. Mr. DeMicco stated the Human Resources
Department/Benefits Manager has been a vital source of assistance in running the
program. Mr. DeMicco stated the City is self-insured for the group health so the carriers
are only there to provide a network of doctors and hospitals; the broker is responsible to
go out and find the best companies, the best price and they are constantly working with
Human Resources for anything that comes up with group health (i.e. open enrollments,
daily issues and the Wellness Center, etc). Vice Mayor Petrolia stated it seems that there
are certain points in time that they seem to be more important (when the actuarial data is
needed and some months where they are less busy other than fielding some telephone
calls or complaints and she asked if this is normal. The Interim City Manager stated this
is normal. Mr. DeMicco stated it is an annual fee although it is broken up month-to-
month to pay it. Vice Mayor Petrolia expressed concern over the $9,166.67 monthly fee
and stated this is a lot of money per month.
Vice Mayor Petrolia moved to approve Resolution No. 63-14, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes;
Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor
Jarjura Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:08 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT (CAPER): Consider approval of the 2013-2014
Consolidated Annual Performance and Evaluation Report (CAPER) required by the
United States Department of Housing & Urban Development (HUD) for utilization of
federal grant funds.
13
12/09/14
Lula Butler, Director of Community Improvement, stated this is a request
for the Commission to approve the 2013/2014 Consolidated Annual Performance and
Evaluation Report (CAPER) required by the Department of Housing and Urban
Development (HUD) for utilization of federal funds for the period of October 1, 2013
through September 30, 2014. Ms. Butler stated it is required under CFR 91.520 and
explains how they have met their goals established in the City's Consolidated Annual
Five -Year Plan. Staff was required to have a fifteen (15) day comment period that started
on November 15, 2014 through December 1, 2014 prior to submittal to HUD. No public
comments were received during this timeframe.
Mayor Glickstein declared the public hearing open. There being no one
from the public who wished to address the Commission, the public hearing was closed.
Mr. Frankel moved to adopt Consolidated Annual Performance and
Evaluation Report (CAPER), pursuant to regulations established under 24 CFR 91.520
for the rating period of October 1, 2013 through September 30, 2014 to meet performance
reporting requirements of the Department of Housing and Urban Development, seconded
by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor
Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes;
Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 29-14 {SECOND READING/SECOND PUBLIC
HEARING): Consider a city -initiated amendment to the Land Development Regulations
of the City of Delray Beach; repealing and replacing Section 4.4.13, "Central Business
District (CBD)", with new zoning regulations.
The caption of Ordinance No. 29-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH;
REPEALING AND REPLACING SECTION 4.4.13
"CENTRAL BUSINESS DISTRICT (CBD)" WITH NEW
ZONING REGULATIONS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 29-14 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Dana Little, Director of Planning and Zoning, stated Items 10.13. and
10.C. are Ordinance No. 29-14, 30-14 and 31-14 which is the revisions to the LDRs that
14
12/09/14
Treasure Coast Regional Planning Council has been working on since November of last
year. Mr. Little stated the ordinances are essentially repeal and replace of Chapter 4.4.13,
the Central Business District (CBD) as well as the cleanup ordinance (Ordinance No. 30-
14) which adjusts all the affected parts of the other part of LDRs and the rezoning of
Central Business District -Railroad Corridor to CBD as a subset. He stated tonight's
presentation from Treasure Coast Regional Planning Council will be presenting these as a
single presentation and will pick up where staff left off and the latest exhibits are redlined
version.
1 Anthea Gianniotes, Urban Design Director with Treasure Coast
Regional Planning Council, presented some of the comments that were presented at the
last hearing and how these comments have been addressed in the document currently in
front of the City Commission. Ms. Gianniotes stated her presentation focuses on the
differences between the first reading and the hearing this evening.
Mayor Glickstein declared the public hearing open.
Carol Anderson, 1441 East Bexley Park Drive, Delray Beach, FL
33445 (sneaking on behalf of S.A.F.E.), stated S.A.F.E. (Safety as Floridians Expect)
has to offer more things to all those responsible over this long process for developing the
new LDRs. Ms. Anderson commended Treasure Coast, Planning and Zoning, and the
leadership of the Commission, and the hundreds of the people in the community who
having taken the time to express their views and attend meetings. Ms. Anderson read
S.A.F.E.'s seven (7) recommendations into the record.
Jestena Boughton, 525 East Atlantic Avenue, Delray Beach, FL 33483
(Colony Hotel), briefly spoke about the proposed LDR changes and stated the Central
Core is an important part of the city. She urged the Commission to stop the four-story
buildings in the central core.
Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483,
applauded the Commission for their efforts with the proposed LDR changes and urged
staff to be skeptical when they hear the Millennial Mantra a belief that the millennials are
the only force driving demand. Mr. Warner stated the largest groups in Delray Beach are
millennials and baby boomers and together they form the majority of the workforce. He
urged the Commission to consider for tonight's deliberations and others that they not
dismiss any demographic group.
Christina Morrison, 2809 Florida Boulevard 9207, Delray Beach, FL
33483, stated the 54 feet on Atlantic Avenue which is really 64 feet when you add the ten
feet (10') that is allowed for parapets and other pertinences above the building putting in
jeopardy the five (5) quaint charming blocks from Swinton Avenue to east 5th. She stated
these blocks of East Atlantic Avenue are mostly two-story buildings; there are four
buildings that are not two-story. Ms. Morrison urged the Commission to protect those
five (5) blocks and stated there is no economic impact information on these proposed
LDR changes and there is nothing about the traffic flow and possibly eliminating left-
hand turns on Atlantic Avenue. She stated that S.E. I" Street should be a two-way street.
15
12/09/14
Arlen Dominek, 50 East Road Unit #2G, Delray Beach, FL 33483,
stated he is worried about maintaining incentives for development when there are good
reasons for developers to come to this town. Mr. Dominek stated corporate offices often
consume two (2) floors and feels Delray needs to get a CEO who wants to come here and
move here. He urged the Commission to consider more green buildings, workforce
housing and medium development.
Bob Gamer, Florida Coalition, stated incentives that encourage greater
residential density in the Central Business District (CBD) should be none; limit is thirty
(30) dwelling units per acre; do not try to solve the perceived need for Class "A" office
space in the downtown core with the proposed new LDRs; should clarify the fact that
downtown isle alleys are there for a purpose and no more alleys are going to be
abandoned to developers; Atlantic Avenue between Swinton Avenue and the Intracoastal
is a special case and every effort must be made to preserve the scale and character of this
iconic streetscape through any practical means and the Commission's disposal; and finish
the job tonight.
Hannah Connell, Abilena Properties, read the purpose and intent of the
Central Business District from the City's LDRs into the record and briefly spoke about
preserving the downtown moderate scale. Ms. Connell stated that Delray Beach is the
incentive.
Peter Humanik 704 N.E. 5th Street Delray Beach FL 33483 stated the
purpose of workforce housing is to have the people who work here live in the community
and if you are going to build a development that is going to have workforce housing then
that is where the workforce should be. Mr. Humanik stated if the city wants to bring
people into town of a certain age it is education not Class "A" workspace because people
will commute to the job. Mr. Humanik stated nobody wants to see 63 feet or 4 -stories on
Atlantic Avenue and urged the Commission to think of Delray Beach as the destination
town.
Bill Morris, 1.046 Melaleuca Road, Delray Beach, FL 33483, supports
the initiatives proposed by S.A.F.E. and stated height, density and design is the key and
stated he would like to see the City maintain what has been proposed.
Jeff Costello,Executive Director of the Community_ Redevelopment
Agency (CRA), thanked Treasure Coast Regional Planning Council for all their hard
work. Mr. Costello stated at the November 20, 2014 CRA Board meeting the Board
reaffirmed its position that the 51" floor option should be retained and felt that the 5'h floor
could be incentivized. He stated the proposed LDRs dated October 9, 2014 contain the
height and density bonus program which included measurable performance standards
such as inclusion of civic open space, public parking and green building practices. Mr.
Costello stated it has been said in previous meetings that the Downtown Master Plan
references the downtown as a 3 or 4 story town; under the summary of the citizen's
request on page 1 of the Downtown Master Plan it states "encourage development
without displacement at an appropriate scale. Encourage development fronting along the
Avenue with three stories as ideal height and four stories being the maximum desired
16
12/09/14
height." Mr. Costello stated the CRA requests that the Commission approve the version
of the LDRs that accommodated the 5th floor subject to the performance standards.
Rita Rana, 50 East Road Apt. #9-C, Delray Beach, FL 33483, Speaker
did not identify herself, stated she has not seen any demographic report that shows all the
building that is going to go on and that there is enough interest in this city that those
buildings will be profitable. In addition, she has not seen any hypothetical that shows a
flow of what everyone is anticipated. She stated with respect to All Aboard Florida she
feels that the City should see more than one report with regard to this issue. Ms. Rana
commented about the overabundance of one -bedroom rentals and stated that is what is
attractive today but that does not mean that is what is going to be attractive ten (10) years
from now.
Joe Snider, 1010 N.E. 8th Avenue, _#35, Delray Beach, FL 33483
licensed Architect U.S. Green Building Counsel LEED Fellow, serves on the Palm
Beach County Zoning Commission served on the City's original Green Task Force
2008-2009), stated at the Town Hall Meeting last year he wanted to see this LDR process
happen because it was so vague with respect to what the developers could do and what
the community understood. Mr. Snider expressed concern because he feels there are still
too many unknowns; however, he is very excited about language with respect to
sustainable green buildings and holding developers to it but there are no incentives for
commercial green buildings. He stated density is a balance and urged the City to give
clear guidelines so the developers know what it is. In addition, Mr. Snider urged the
Commission to continue supporting S.A.F.E. and Human Powered Delray (HPD).
Anna Bierstock 417 Palm Trail Delray Beach FL 33483 stated she
does not want to see any incentive plan, no five -stories, a new Master Plan done by
Treasure Coast Regional Planning Council and then think about having incentive plans.
She requested that traffic studies be done because she would like to know what is going
to happen with the traffic flow and would like to make sure there are enough parking
spaces. Ms. Bierstock stated she is a baby boomer and her children are millennials and
stated things need to be built for the people who can afford it.
Jason Bre man 227 Lake Terrace Delra Beach FL 33444 10 year
resident, business owner and former SPRAB member), stated we need vision that
drives policy and feels the City is working with an outdated Master Plan that makes no
mention of the environment but states that Delray Beach is a two and three-story city. He
stated the regulations are now changing to allow for four stories, increased height and
less massing setbacks as of right; a give -a -way that should not be considered an exchange
for long overdue design guidelines for streetscapes and open space. In his opinion, Mr.
Bregman stated the latest draft of the LDRs is vague regarding incentive programs or
density. He stated he agrees with the recommendations by S.A.F.E. TDM's including
any future incentive program; however, Mr. Bregman stated he disagrees with statements
about regulatory takings. Mr. Bregman stated he agrees with Human Powered Delray
(HAD) on the push for a bicycle/pedestrian improvement fund paid for by new
development and a share of the in -lieu parking fees, supports green building
requirements, and disagrees with any incentive program being connected to public
17
12/09/14
parking.
Judy Craig, 520 N.E. 7th Avenue Delray Beach FL Palm Trail
Association), stated she does not feel that the City needs incentives because people want
to build and live in Delray Beach. Ms. Craig suggested that the City phase in every
building by permit date and increase it 10%, 20%, etc. in making the building green over
a ten (10) year period.
There being no one else from the public who wished to address the
Commission on Ordinance No. 29-14, the public hearing was closed.
Ms. Gianniotes stated what this Code does is remove the 5th story which is
an option right now under the current regulations, it removes the ability to get density
higher than 30 units per acre to those properties, it states that you cannot remove or close
streets and alleys. She stated there are numerous safeguards built into this draft that are
not in existence now to protect the scale and the community today. Ms. Gianniotes stated
there is a notion that they have increased the City's allowable height to four -stories from
some lower amount; the Code that the City has in place now is 48 feet and the diagrams
in the Code show four stories. Ms. Gianniotes stated this Code did not introduce a fourth
floor into a regulatory framework that was a third floor before. Ms. Gianniotes states she
strongly agrees with several statements that the incentive program is nebulous. She
stated they continue to leverage that fifth floor to achieve a greater amount of civic open
space for more green building requirements for projects that did it because they had
recommended expanded its use beyond residential to other uses. Ms. Gianniotes stated
she agrees the draft is vague but it reflects the conflict that the city is struggling with
now. Ms. Giamiotes stated the City wants incentives for green building and asked what
the city is willing to offer and for what (used the example of Miami). She stated she did
not change the purpose and intent and noted there is another piece to that. Ms.
Gianniotes stated "The regulations are intended to result in development that preserves
this downtown, historic, moderate scale, while promoting a balanced mixed of uses that
will help the area evolve into a traditional, self-sufficient downtown. Residential
development is permitted at higher densities in this area than any other part of the city in
order to foster compact pedestrian oriented growth that will support downtown
businesses." Ms. Gianniotes stated that some of the safeguards that are in place will help
control scale and the most important part is keeping the street grid in place and there are
regulations to that point. Ms. Gianniotes briefly discussed the TDM's (Transportation
Demand Management) aside of what has been adopted here there are things requiring
new developments to have bicycle shares incorporated, electric vehicles available for use
by people and the concern is how is that regulated; the TDM's is not just about the CBD
and that strategy when it is in place . is something that is accomplished city-wide and a
mobility fee has been recommended.
Vice Mayor Petrolia inquired why the City cannot keep the two-story or
three-story area in the downtown district and how the regulatory taking would affect this
city (more specifically Atlantic properties adjacent to Atlantic Avenue). The City
Attorney stated he has legal concerns if the Commission were to limit development on
Atlantic Avenue to as little as two (2) or three (3) stories. The City Attorney stated under
18
12/09/14
the current Code you are limited to 48 feet and that allows you within that window to
build four (4) or five (5) stories. The City Attorney explained the Bert Harris Act and
stated if a government enacts a development regulation that inordinately burdens one area
of a community and distinguish with other areas of that community and as a result
property owners are denied their reasonable investment back expectation with respect to
that property, they have a right to make a claim. The City Attorney stated the burden on
the property owner is very high and it is on a case-by-case basis and they have to go
through a very extensive process to make that claim. Vice Mayor Petrolia asked if there
is a timeframe that someone would have to bring a claim against the city and then it
would expire. The City Attorney stated there are a statute of limitations and a
conveyance; it is for a fixed period of time.
Mayor Glickstein asked if a plaintiff have to demonstrate that they
actually could perform; if you cannot abandon an alley you cannot build it so the
hardship is not there. Mayor Glickstein asked if that is part of the burden that they have
to overcome. Mayor Glickstein stated to get to 48 feet with respect to the current LDRs
you have to be able to park your use, access your use, and if you cannot abandon an alley
to get there and on Atlantic Avenue were you cannot have parking on the ground floor
currently and assuming you cannot park it or access it to get to 48 feet. The City
Attorney stated there is a large body of case law that says the character of land changes
over time and governments routinely change zoning and land development regulations.
The City Attorney stated he does not believe that arises to the level of the Bert Harris
Act. Mayor Glickstein stated there is language in the Master Plan now (not just the
policy that was written) that discusses the smaller scale and asked if the City can rely on
that to limit that height along Atlantic Avenue to preserve those attributes. The City
Attorney stated if the Commission makes the appropriate legislative findings through
staff they have factual underpinnings to support what they are doing that makes it far
more defensible; it is a mixed question of fact and law.
Vice Mayor Petrolia stated it may be worth the attempt and it is the iconic
nature of the city and what attracts people. She feels it will slowly chip away and we will
see a shift. Vice Mayor Petrolia asked if the City will be able to revisit and state that this
is going to be a sacred area. The City Attorney stated if the Commission wants the ability
to revisit and potentially lower the height restrictions over time then he recommended
putting that in the record and adding something in the LDR. Vice Mayor Petrolia asked
if there is a difference between bonus and incentive. Vice Mayor Petrolia commented
about the open space and being able to accommodate the outdoor dining "the portion of
the outdoor dining" and asked what is meant by the word portion. Ms. Gianniotes stated
the amount is permitted would be the amount you could have put in front on the
sidewalk. Ms. Gianniotes stated Treasure Coast is trying to encourage the businesses to
move into a little bit of those outdoor rooms rather than expand along the sidewalk. Vice
Mayor Petrolia stated if you have to provide a certain amount of civic open space there is
a certain portion of it that you can trade off for outdoor dining. Ms. Gianniotes stated in
some instances you are required to make a plaza or a park and that is your civic open
space; that part of the public realm is eligible to accommodate the outdoor dining only if
you are willing to take it off the sidewalk and move it into the open space. Ms.
Gianniotes stated the civic space is a requirement; however, it does not require that the
19
12/09/14
City puts outdoor dining in it. Ms. Gianniotes stated the portion that may accommodate
outdoor dining needs to reference that it requires a sidewalk cafe permit. Vice Mayor
Petrolia made reference to page 102, IA and asked about the language "extending for a
depth of 120 feet are located within the OSSHAD." Ms. Gianniotes stated that text is
reiterating what is shown on the map which is that the only place you can ask for density
higher than thirty (30) is between is between 2nd and 2nd but they are taking Atlantic
Avenue out and she had to specify how far back. Vice Mayor Petrolia asked why that is
not going to Swinton Avenue on the south side. Ms. Gianniotes stated this is not within
the boundary of the CBD zoning; the properties that are hashed on the map are in the
OSSHAD with CBD Overlay but they are not eligible for any kind of conditional use
now. Vice Mayor Petrolia asked why it did not include on the north side of Atlantic
Avenue over to the Intracoastal (Atlantic Plaza area). Ms. Gianniotes stated that area is
pre -approved as the central core density. Vice Mayor Petrolia commented about the
bonus density on the additional units for and that Ms. Gianniotes did not feel comfortable
about making the decision that the 25% be applicable only to that additional amount that
was being asked for the workforce housing. Ms. Gianniotes stated she is uncomfortable
throwing a number out without data or a marketing analysis to support what that number
is. Vice Mayor Petrolia asked about the diversity type and if it was kept 55% for 1
bedroom and efficiencies because that's what it was before. Ms. Gianniotes stated
Treasure Coast maintained that in the test that they had presented previously with
parking, etc. Ms. Gianniotes stated some of the projects that have been raised as being
areas of concern had the 55% waived as part of their approval. Ms. Gianniotes stated she
does not believe the rule was necessarily problematic. Vice Mayor Petrolia stated many
people do not want the incentives because they feel they are problematic. Ms. Gianniotes
stated what is put in front of the Commission for density increases is very clear in terms
of what is required for green building standards and the percentage of workforce housing
that has been brought forward and the parking requirement as well. Ms. Gianniotes
stated the process that is set forward in these regulations will ensure that the projects are
evaluated holistically so that the Commission will be able to evaluate when they come
forward whether it truly fits, does not fit, or whether waivers are needed. Vice Mayor
Petrolia stated she supports waiting on those incentives until the City has developed a
Master Plan and getting this done right is more important than getting it done now. She
concurs with Ms. Connell's statement that "Delray is the incentive."
Deputy Vice Mayor Jar ura stated when this was started it was about
creating a form based code clearly objective guidelines and defined process so that both
the residents and developers could be aware of and know how to navigate through.
Deputy Vice Mayor Jarjura stated when she met with staff earlier and in terms of the
office incentives she read it as case-by-case. However, Deputy Vice Mayor stated it was
clarified to her that it was not supposed to be case-by-case that first we have to pass the
Master Plan, look at the change in conditions (i.e. transportation impact). Ms. Gianniotes
stated
Ms. Gianniotes stated they ended the last meeting on the discussion of
office and parking and she was told to look into the percentage that was being required
for workforce. Ms. Gianniotes suggested that there be an incentive program with criteria
for density; the height is limited no longer is a fifth story in play and the West Atlantic
20
12/09/14
Avenue neighborhood uses this same system to go from 12 units per acre to 30 units.
Deputy Vice Mayor Ja&ra suggested that pages 102-15 be removed because there is no
point in having these specific standards because until a Master Plan is updated we are not
going to be requiring green building practices or diverse unit types. Mr. Little stated the
City is looking at potential future incentive elements or programs to target things that we
want. Mr. Little stated we have much better criteria and performance standards for
density and height but there is not an actual program to apply them to. Ms. Gianniotes
stated she did not intend to change the introductory intent to negate 41 underneath it and
recommends that the language be moved further down (Section H) for other fixture uses.
Mayor Glickstein stated after the last meeting he was only thing he was
interested in incentivizing at all was office space not Class "A" office space. He stated
now there is a misunderstanding that there is a bonus program still applies to density.
Mayor Glickstein stated West Atlantic Avenue is not an issue, but it is east of Swinton
Avenue where we have pushback. He commented that if there was some way to model
this limitation on Atlantic Avenue and put it someplace else.
With respect to height, Deputy Vice Mayor Jarjura asked if the City has
approached the property owners between Swinton Avenue and the Intracoastal that front
Atlantic Avenue to see if they would voluntarily (because that would remove any issue of
a Bert Harris claim) agree to a two-story/three-story maximum. Deputy Vice Mayor
Jarjura stated people are coming say that they believe this is what the zoning should be
(property owner, the Colony Hotel) but those people that are participating in it have to be
willing (as indicated by Ms. Gianniotes) to be giving something up somewhere else.
Deputy Vice Mayor Jarjura stated if it is very important for Atlantic Avenue to be at a
certain height between Swinton Avenue and the Intracoastal she is willing to give up a
higher height three (3) blocks away from Atlantic Avenue in a certain area. Deputy Vice
Mayor Jarjura reiterated that everyone wants 10% open space, but what are willing to
give up for that.
Brief discussion between Deputy Vice Mayor Jarjura and the City
Attorney followed.
Deputy Vice Mayor stated if the City limits residential to 30 units per acre
then the last sentence needs to be amended. Deputy Vice Mayor made reference to page
73 and stated the recommendation is 9 feet; the lowest height is ten feet (10') and overall
the building would increase by three (3) feet because with the four-story maximum the
upper floors would be an additional three (3) feet. Deputy Vice Mayor stated her
preference is ten feet (10') because she feels this gives more flexibility. With respect to
page 78, she feels the recommendation to change the two -stories to one-story 18 feet
minimum height is something that the City can encourage but it still accomplishes the
intent; Deputy Vice Mayor Jarjura commented about page 100-101 Civic Open Space
Additional Standards shall meet the following minimum standards: (a) thru (i) and stated
she does not understand how some of the smaller open spaces that are the living
wall/public art areas that are 250 square feet are going to be able to accommodate having
seating, a drinking fountain, a bicycle rack, a trash receptacle, a pet cleanup station. She
also made reference to Subsection (4) subparagraph (f). In addition, Deputy Vice Mayor
21
12/09/14
Jadura made reference to page 97, Open Space Calculation; she commented about the
60,000 square feet and only 2,500 square feet is going to be open space that was not her
original intent of asking for more open space. Ms. Gianniotes stated Treasure Coast can
increase the percentages and re -work it and noted that this is the base requirement
(building 30 in four -stories) because it was a tiered system that would have required you
to double the requirement if you were building a fifth floor and that is where the 25%
open space would have turned into 5,000.
Mr. Frankel stated it is a little premature for a formal vote on this tonight.
Ms. Gianniotes stated she is happy to meet with the entire Commission individually so
that everyone is clear about the proposed LDRs. Mr. Frankel commented about the
performance standards and the incentives, LEED certification. He asked for copies of
Ms. Gianniotes' Powerpoint presentation from the first reading with the streetscapes from
the different cities because that would help him before any meeting or further discussion
on this.
Mr. Jacquet stated last time he agreed with the idea of the ten foot (10') if
it can work versus the nine foot (9'). Mr. Jacquet asked if the north/south railroad
corridor is being different or the same as the central core. Ms. Gianniotes stated the
railroad corridor is currently a separate zoning district has been brought in as a sub-
district to the CBD; the area in the railroad corridor that is eligible under the current rules
for conditional use increases has already been built and they were never permitted to go
to the five (5) stories. Mr. Jacquet stated we need to talk to the businesses and is it really
the preservation what we want. Mr. Jacquet commented about the silver/gold LEED
certification and stated he supports incentives. Mr. Jacquet asked that everyone stop
talking about the comments related to millennials, ex -generation and the baby boomers
because he does not want to divide the community.
Mayor Glickstein confirmed with Ms. Gianniotes that using in -lieu fees
for the bike/ped infrastructure has been added. Mayor Glickstein stated with respect to
the minimum ceiling height he supports the nine foot (9') residential ceiling/a nine foot
(9') office ceiling and is okay with it being market driven In addition, Mayor Glickstein
stated this works architecturally and from a builders perspective the nine foot (9') ceiling
height is adequate for a multitude of uses. He stated to avoid the anomalies is that they
be dimensional architecturally appropriate. With respect to the height matrix, going back
to the one-story is a good idea. Mayor Glickstein stated with regard to going up to a
second floor promotes more diverse architecture; however, he expressed concern over
how this would be approved. Ms. Gianniotes stated all of that would be evaluated under
that right-of-way agreement with the City and it would have to be acceptable to the City
Attorney. Mayor Glickstein stated with respect to the public parking component under
the incentive program. Ms. Gianniotes stated as like the workforce housing program you
can provide it on site, in cooperation with the city effort, in payment in -lieu of and she
was trying to provide flexibility in terms of how you would achieve that public effort.
Mayor Glickstein stated Ms. Connell's comment is very appropriate that Delray is the
incentive. Mayor Glickstein stated he would be in favor of categorically in favor in
looking for a way to limit the height on Atlantic Avenue to 2-3 stories. He stated
22
12/09/14
eliminating incentives does not devalue the property; it just eliminates that artificial
inflation that you create when you can sell and title property and develop something at a
much higher density. Mayor Glickstein stated if incentives are properly used they are
appropriate and if the City has the policy to support how to apply them then it is a good
idea (i.e. height, density in certain places). However, Mayor Glickstein stated until we
can figure out a way to get that he does not support the incentive programs and supports
limiting Atlantic Avenue to two (2) and three (3) feet. Mayor Glickstein commented
about the Master Plan that was done twelve (12) years ago.
Ms. Gianniotes read a few brief comments into the record.
Mayor Glickstein stated to withstand the changes over time, if we are not
very hard on ourselves and rigorously honest about what it is we want to be, we will be
the "Generica" that surrounds us. He stated some people have used the analogy of the
City of Carmel but the reason Carmel is so unique is because they said "we don't really
care what you are doing in your city but this is what we want and what is important to us
and we are going to fight to keep it this way." Mayor Glickstein stated the best cities in
the world (large and small) fight to keep their cities the way they see is important to them
and thus the reason they are unique.
Vice Mayor Petrolia stated she would rather over correct and then be able
to come back then to make the mistake that you cannot come back from and this City
Commission has a huge load on their shoulders to make sure that they do not make the
mistakes that some of the neighboring cities have made. Vice Mayor Petrolia stated the
surrounding areas all want to be like Delray so the Commission wants to stay authentic to
what they know Delray Beach is and that is why it is so important to them.
Mayor Glickstein stated it is a good idea for Treasure Coast Regional
Planning Council to meet one-on-one with the City Commission.
The City Attorney stated if at the public hearing in January the majority of
the Commission for example wants to change the amount of the development on Atlantic
Avenue to two (2) or three (3) stories that are appropriate. However, the City Attorney
stated that type of a material change would require the City Commission to start the
ordinance process anew and have a first public hearing.
Mr. Jacquet moved to approve to continue Items 10.B., 10.C., and 10.D.
to a date certain of January 20, 2015, seconded by Mr. Frankel. Upon roll call the
Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice
Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion
passed with a 5 to 0 vote.
At this point, the time being 9:58 p.m., the Commission moved to Item
9.E.
9.E. RESOLUTION NO. 71-14/11I1) AWARD TO ADVANCED
ROOFING, INC.: Consider approval of Resolution No. 71-14; to award a bid in the
amount of $274,725.00 to Advanced Roofing, Inc. (Bid No. 2014-47), the second lowest
23
12/09/14
responsive bidder, declaring by a four-fifths affirmative vote that the City's sealed
competitive method for the contract is not in the best interest of the City for Pompey Park
Administration Building modifications and reroofing. Funding is available from 334-
4127-572-62-10 (General Construction Fund: Parks & Recreation/Buildings).
The caption of Resolution No. 71-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
AN AWARD OF CONTRACT TO ADVANCED
ROOFING, INCORPORATED; DECLARING BY A
FOUR-FIFTHS AFFIRMATIVE VOTE THAT THE
CITY'S SEALED COMPETITIVE METHOD OR
WRITTEN QUOTATIONS PROCUREMENT METHOD
FOR THE PURCHASE IS NOT IN THE BEST
INTEREST OF THE CITY; PROVIDING FOR AN
EFFECTIVE DATE.
(The official copy of Resolution No. 71-14 is on file in the City Clerk's
office.)
Randal Krejcarek, Director of Environmental Services, stated this item is
an award to Advanced Roofing for a partial re -roofing of the Pompey Park building. Mr.
Krejcarek stated staff originally bid this in June and there were two (2) bidders; All Phase
was the low bidder and Advanced Roofing was the second lowest responsive bidder. He
stated staff brought this to the Commission in August and it was right at the sixty (60)
day mark of when the City opened the bids and in the City's contracts there was a
stipulation that the contractor had to hold their bids for sixty (60) days. Mr. Krejcarek
stated staff contacted the contractor and they said they could not hold their bids any
longer than sixty (60) days. Therefore, Mr. Krejcarek stated staff rejected all those bids
and re -advertised and opened them back up in October 2014 and there was one bidder
which was Advanced Roofing. He stated the bid that Advanced Roofing gave the City on
the re -bid is the exact same amount that they had as a second bid on the first bid. Mr.
Krejcarek stated when staff reviewed the bids they realized that Advanced Roofing did
not attend the mandatory pre-bid meeting. Staff recommends approval of the resolution
because staff feels it is in the best interest of the city to go forward with the award to
Advanced Roofing in the amount of $274,725.00. Deputy Vice Mayor Jarjura stated she
spoke with the Interim City Manager and the City Attorney about this issue earlier today
and expressed concern that staff missed the sixty (60) day calendar period which is at a
cost to the City of $25,000.00.
The Interim City Manager stated this item like Item 9.D. are ones that are
from months ago. He stated this is the most decentralized purchasing organization that
he has ever encountered. The Interim City Manager stated with the Chief Purchasing
Officer the City has now with some additional assistance and some changes that have
24
12/09/14
been made, the City is going to be, are now, and will continue to be become less
decentralized. The Interim City Manager stated he is confident that the model that the
City is infusing now will enable the Purchasing Department to have a more centralized
focus so that the Purchasing Department can monitor those types of things and guide staff
to avoid these types of things from happening.
Vice Mayor Petrolia inquired about the 2,500 square foot roof. Mr.
Krejcarek stated there is a 2,500 square foot area that is being done and there is a lot of
additional mechanical work.
Mr. Frankel moved to approve Resolution No. 71-44, seconded by Vice
Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes;
Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes;
Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
9.F. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
9.G. AMENDMENT NO.2 TO THE AGREEMENT WITH OCEANSIDE
BEACH SERVICES, INC.: Consider approval of an Amendment to the Agreement with
Oceanside Beach Services, Inc. (RFP No. 2013-48) to expand the list of approved
equipment under the contract to include cabanas, clamshells, and windbreakers.
The City Attorney stated at the last meeting the Commission asked his
office to prepare an amendment to this agreement and the agreement has three (3)
substantive amendments. The City Attorney stated the amendment corrects what was
inadvertently deletion to Amendment No. 1 which removed a requirement for a
windbreaker clamshell as an approved piece of equipment. This amendment now allows
for (1) the use of a windbreaker clamshell and the amendment allows that piece of
equipment to be used year-round, (2) allows for the use of the heavier more substantial
clamshell cabana that can only be used from the period of November 1 -February 28
because of turtle nesting season (it is too heavy to move daily); and (3) to acquire a five
percent (5%) penalty for late payments and noted there are photos of the equipment in the
backup.
Brief discussion followed by the Commission regarding the two wooden
lounges.
Todd Meacham, Oceanside Beach Services, Inc. (OBS), stated
originally because of turtle season they would have to take them off and they elected to
make it easier to not have to deal with that and to just keep the chairs that they have.
Vice Mayor Petrolia asked if the clamshell windbreaker is strong enough to block the
wind. Mr. Meacham stated the clamshell windbreaker is strong enough to block the
wind.
For clarification, the City Attorney stated that he will add the language
clamshell windbreaker twelve (12) months per year. Mr. Meacham stated it will not be
25
12/09/14
twelve (12) months a year because in the summertime they are much too hot. The City
Attorney stated he will change the language to "clamshell windbreaker as often as the
vendor likes" and suggested that the Commission approve the Agreement as amended.
Vice Mayor Petrolia moved to approve the Agreement with Oceanside
Beach Services, Inc. (OBS), as amended to include the clamshell/windbreakers and the
five percent (5%) penalty for any late payments, seconded by Mr. Frankel. Upon roll call
the Commission voted as follows: Deputy Vice Mayor Jarjura -- Yes; Mayor Glickstein —
Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion
passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 30-14 (SECOND READING/SECOND PUBLIC
HEARING): Consider a city -initiated amendment to the Land Development Regulations
of the City of Delray Beach; amending Article 4.4 "Table of Contents"; amending
Section 2.2.3(D), "Site Plan Review And Appearance Board"; amending Section
2.4.5(F), "Site And Development and Master Development Plans (MDP)"; amending
Section 2.4.6(F), "Temporary Parking Lots"; amending Section 4.1.1(A), "Base Zoning
Districts"; amending Section 4.3.3(I), "Community Residential Homes And Group
Homes"; amending Section 4.3.3(5), "Antennas Not Located on Telecommunications
Towers"; amending Section 4.3.4(J), "Height"; amending Section 4.3.4(x),
"Development Standards Matrix"; repealing Section 4.4.28, "Central Business District —
Railroad Corridor (CBD -RC)"; amending Section 4.6.4(A), "Commercial Zoning
Adjacent to Residential Zoning or Zoning Districts With a Thirty -Five (3 5) Foot Height
Limitation"; amending Section 4.6.9(C)(1), "Bicycle Parking'; amending Section
4.6.9(E)(3), "Location of Parking Spaces, In -Lieu Fee"; amending Section 4.6.9(E)(4),
"Public Parking Fee"; amending Section 4.6.16(14)(4), "Foundation Landscaping
Requirements"; amending Section 4.6.16(H)(5), "Special Landscape Regulations for
Properties Within The Central Business District (CBD)"; amending Section 4.6.18(B),
"Buildings Within The Downtown Area"; amending Section 6.3.3(F), "Regulations
Governing The Use, Design, and Maintenance of A Sidewalk Cafe"; and amending
Appendix A, "Definitions".
The caption of Ordinance No. 30-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH;
AMENDING ARTICLE 4.4 "TABLE OF CONTENTS";
AMENDING SECTION 2.2.3(D) "SITE PLAN REVIEW
AND APPEARANCE BOARD"; AMENDING SECTION
2.4.5(F) "SITE AND DEVELOPMENT AND MASTER
DEVELOPMENT PLANS (MDP)"; AMENDING
SECTION 2.4.6(F) "TEMPORARY PARKING LOTS";
AMENDING SECTION 4.1.1(A) "BASE ZONING
DISTRICTS"; AMENDING SECTION 4.3.3(I)
"COMMUNITY RESIDENTIAL HOMES AND GROUP
26
12/09/14
office.)
HOMES"; AMENDING SECTION 4.3.3(5)
"ANTENNAS NOT LOCATED ON
TELECOMMUNICATIONS TOWERS"; AMENDING
SECTION 4.3.4(J) "HEIGHT"; AMENDING SECTION
4.3.4(K) "DEVELOPMENT STANDARDS MATRIX";
REPEALING SECTION 4.4.28 "CENTRAL BUSINESS
DISTRICT — RAILROAD CORRIDOR (CBD -RC)";
AMENDING SECTION 4.6.4(A) "COMMERCIAL
ZONING ADJACENT TO RESIDENTIAL ZONING OR
ZONING DISTRICTS WITH A THIRTY-FIVE (35)
FOOT HEIGHT LIMITATION"; AMENDING SECTION
4.6.9(C)(1) "BICYCLE PARKING'; AMENDING
SECTION 4.6.9(E)(3) "LOCATION OF PARKING
SPACES, IN -LIEU FEE"; AMENDING SECTION
4.6.9(E)(4) "PUBLIC PARKING FEE"; AMENDING
SECTION 4.6.16(H)(4) "FOUNDATION
LANDSCAPING REQUIREMENTS"; AMENDING
SECTION 4.6.18(B) `BUILDINGS WITHIN THE
DOWNTOWN AREA"; AMENDING SECTION 6.3.3(F)
"REGULATIONS GOVERNING THE USE, DESIGN,
AND MAINTENANCE OF A SIDEWALK CAFE";
AMENDING APPENDIX A "DEFINITIONS";
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 30-14 is on file in the City Clerk's
This item has been moved to a date certain of Tuesday, January 20, 2015.
10.D. ORDINANCE NO. 31-14 (SECOND READING/SECOND PUBLIC
HEARING): City -initiated rezoning of properties zoned CBD -RC (Central Business
District- Railroad Corridor) to CBD (Central Business District) for two areas, with the
north area generally located between N.E. 4a' Street and N.E. 2 Street and extending
from the north -south alleyway west of N.E. 3rd Avenue to the east of the FEC Railway;
and, the south area generally located between S.E. 2nd Street and S.E. 7d' Street, east of
and west of the FEC Railway.
The caption of Ordinance No. 31-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED CBD -RC (CENTRAL BUSINESS DISTRICT —
RAILROAD CORRIDOR) INTO CBD (CENTRAL
BUSINESS DISTRICT), SAID LAND INCLUDING TWO
27
12/09/14
office.)
GROUPS OF LOTS ALONG THE FLORIDA EAST
COAST RAILWAY, ONE GROUP LOCATED
BETWEEN N.E. 2ND AND N.E. 4TH STREETS AND
THE OTHER GROUP LOCATED BETWEEN S.E. 2ND
AND S.E. 7TH STREETS, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, JANUARY 2012"
ACCORDINGLY; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 31-14 is on file in the City Clerk's
This item has been moved to a date certain of Tuesday, January 20, 2015.
9.D. ORDINANCE NO. 31-14 (SECOND READING/SECOND PUBLIC
HEARING): City initiated rezoning of properties zoned CBD -RC (Central Business
District -Railroad Corridor) to CBD (Central Business District) for two areas, with the
north area generally located between N.E. 4"` Street and N.E. 2nd Street and extending
from the north -south alleyway west of N.E. 3rd Avenue to the east of the FEC Railway;
and, the south area generally located between S.E. 2nd Street and S.E. 7t' Street, east of
and west of the FEC Railway.
office.)
The caption of Ordinance No. 31-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED CBD -RC (CENTRAL BUSINESS DISTRICT —
RAILROAD CORRIDOR) INTO CBD (CENTRAL
BUSINESS DISTRICT), SAID LAND INCLUDING TWO
GROUPS OF LOTS ALONG THE FLORIDA EAST
COAST RAILWAY, ONE GROUP LOCATED
BETWEEN N.E. 2ND AND N.E. 4TH STREETS AND
THE OTHER GROUP LOCATED BETWEEN S.E_ 2ND
AND S.E. 7TH STREETS, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, JANUARY 2012"
ACCORDINGLY; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 31-14 is on file in the City Clerk's
28
12/09/14
This item has been moved to a date certain of Tuesday, January 20, 2015.
11. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
12. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS.
12.A. City Manager
Terry Stewart, Interim City Manager, gave a few brief comments
regarding his employment with the City of Delray Beach.
12.B. City Attorney
The City Attorney requested permission to schedule a Shade meeting with
respect to the pending litigation of lberiabank versus the City of Delray Beach. The City
Attorney stated this is a foreclosure action with respect to the affordable housing project
for Auburn Trace. In addition, the City Attorney requested to consecutively also
schedule a Special meeting to ratify the Police Benevolent Association (PBA) Collective
Bargaining Agreement. The City Attorney stated he does not have an executed
bargaining agreement yet, however, he would like to schedule the meetings back- to -back
with the expectation that staff will have that agreement. Then staff can have a brief
meeting to ratify the bargaining agreement. The City Attorney suggested that these
meetings be held back-to-back on December 15, 2014 at 1:00 p.m.
12.C. City Commission
12.C.1. Mr. Frankel
Mr. Frankel stated Mr. Victorin wrote an email to the City Commission on
November 22, 2014 about the homeless issues at Veteran's Park, etc. Mr. Frankel stated
he has seen the homeless issue escalate especially early in the morning.
Secondly, Mr. Frankel welcomed Mr. Cooper.
Mr. Frankel stated he is a committee member of the Boca Raton Bowl
(Marshall versus Northern Illinois) and it is rated as the top ten (10) of all the bowl
games; each team has only lost one game and Marshall lost in multiple overtimes. He
stated this will be a good thing for South County and they will do some events here.
Mr. Frankel thanked staff for the Press Release on the lighting of the
Menorah and it also included the 100 foot Christmas tree information.
Lastly, Mr. Frankel commented about the Ohio State Buckeyes winning
the Big Ten Conference and going onto the championship.
29
12/09/14
12.C.2. Deputy Vice Mayor Jariura
Deputy Vice Mayor Jarjura stated it has been a pleasure getting to know
Mr. Stewart over the last few months and she appreciates his work.
12.C.3. Vice Mayor Petrolia
Vice Mayor Petrolia echoed comments expressed by Deputy Vice Mayor
Jarjura regarding Mr. Stewart and commended him for a stellar performance on his
communication to the city because it made a huge difference. Vice Mayor Petrolia
thanked Mr. Stewart for his professionalism and service and stated she admires Mr.
Stewart for the person that he is.
12.C.4. Mr. Jacquet
Mr. Jacquet stated this week he is visiting Toussaint L' Ouverture High
School and Village Academy. Mr. Jacquet stated he tries to visit a school during the
week and finds it is better to take a week and go back every day because the kids like the
stability of it versus randomly going around from school to school.
Secondly, Mr. Jacquet stated the 5h Annual Haiti Bike Ride will be held
on January 10, 2015, which last year began at Mocha Cafe in North Miami and ended in
Lake Worth. Mr. Jacquet stated last year was the first year he did the entire bike ride. He
invited anyone who would like to participate this year to meet at Toussaint L'Ouverture
High School at 12:00 noon and ride to Lake Worth where the Mayor of the City of Lake
Worth is going to meet them.
Mr. Jacquet stated Mr. Stewart is a man of great character and it has been
an honor and pleasure working with him. Mr. Jacquet wished Mr. Stewart the best and
thanked Mr. Stewart for the work he has done for Delray Beach.
Lastly, Mr. Jacquet stated the Florida League of Cities had an article on
"Literacy for Success" and it is municipalities in Palm Beach County. Mr. Jacquet stated
Delray is the leader in all of Palm Beach County as far as its efforts with literacy and
getting our children to read. However, Mr. Jacquet stated Delray Beach was not
mentioned in the magazine. Mr. Jacquet asked staff to stay in touch with the League of
Cities in Tallahassee so that everything Delray Beach does they know and this way
Delray Beach can be recognized in the magazine which is distributed around the entire
state.
12.C.5. Mayor Glickstein
Mayor Glickstein stated the tree lighting was a great event, however, there
were some merchants that were upset about the way in which Atlantic Avenue was closed
but more importantly that the City allowed competing businesses right in front of their
stores. He stated Stephanie Immelman, with the Delray Beach Marketing Cooperative
30
12/09/14
(DBMC), responded to the person with both an explanation and a solution oriented
response.
Secondly, Mayor Glickstein asked for the consensus of the Commission to
bring forward a resolution about texting while driving and stated this is a great idea. The
rest of the Commission concurred to bring forward a resolution with regard to this issue.
Mayor Glickstein stated from the first day he met Mr. Stewart, Mr.
Stewart hit the ground running. Furthermore, Mayor Glickstein stated he handled his
responsibilities with tact and professionalism, the way he has conducted himself
professionally, socially, how be has represented the city, and how he has conducted
himself in terms of outreach to different parts of the city. Mayor Glickstein stated this
Commission was lucky to have Mr. Stewart and it has been a pleasure working with him.
Mayor Glickstein wished his colleagues and the public Happy Holidays.
Lastly, Mayor Glickstein stated he would like to give all City employees
the day after Christmas (Friday, December 26, 2014) off because he feels it is a unique
situation this year with the day after Christmas being a Friday.
After brief discussion, it was the consensus of the City Commission to
give all City employees an additional paid holiday on Friday, December 26, 2014.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 10:32 p.m.
ATTEST:
AYOR
City Clerk
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on December 9, 2014, which Minutes were formally approved and adopted by the City
Commission. on May 5, 2015.
31
12/09/14
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
32
12/09/14
IN THE CITY COMMISSION
CHAMBERS. OF THE MY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH,. FLORIDA
WAIVER REQUEST FOR 418 NORTH OCEAN BOULEVARD
1. This waiver request came before the City Commission on December 9, 2014,
2. The Applicant and City staff presented documentary evidence and testimony to
the City Commission pertaining to the waiver requests for 418 North Ocean Boulevard. All of
the evidence is a part of the record iia this case. Required findings are made in accordance with
Subsection L
L WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting at waiver; the
approving body shall make a finding that the granting of the waiver;
(a) Shall not adversely affect the neighboring area;
(b) Shall 'not s guificantly.dim nish the provision of public facilities;
(c) Shall not create an unsafe situation; arid,
(d) Does not result in the grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for
another applicant or owner.
A. Waiver to LDR Section 4.6.5(C)
Pursuant to LDR Section 4.6.5(C), walls, fences, or hedges located it- a required
front yard or street side yard shall not exceed six feet (6) in height The applicant
is requesting that the height restriction for this property be increased to allow an
eight foot gate, two nine footpiers and two seven foot piers as accessory to the six
foot wall that will be constructed along the front yard setback.
1. Should the waiver to Sectign 4.6.5(C) allowing two seven foot piers and
two nine foot piers be granted?
Yes 5 No 0
2. Should the waiver to Section 4.6.5(0) allowing an eight foot gate be
granted?
Yes 5 No 0
I
City Commission Meeting of December 9, 2014; Item 9.A.
3. The City Commission has applied the Comprehensive Plan and LDR
requiteme-Als in existence at the time the bn'-gfnal development application was submitted and
fords that its detiarminations set forth in this Order are consistent with the Comprehensive, Plan.
4, The City Commissionflilds,'thefe is amply and owpeteiii substantial evidence to
support its ftdings mi the record submitted and adopts the facts contained in the record including
but not limited to the staff reports, testimony of experts and other competent witnesses
supportmg these findings.
5- Bas -ed on the entire record before it, the City CoMIDISS1011 approves
denies: this waiver request.
6. Based on the entire, record before it, the,. City Commission hereby adopts this
Order this 9th day of DeceiAber 2014, by a vote of 5 in favo posed.
Cary 5.. GI(ek
in, Mayor,
Chcvelle Nubin, City Clerk
2
City Commission Meeting of December 9, 2014; Item 9 -A-
IN THE CITY COMMISSION
CHAMBERS: OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
IN LIEU PARKINGFEE REQUEST FOR 110 EAST ATLANTIC AVENUE (:SOPRA.
CENTER)
1. This in lieu parking fee request for the purchase of four (4) parking spaces
indieu has eoine before the City Commission on December 9,. 2014.
2. The Applicant and. City staff presented documentary evidence and
testimony to the CityCommission pertaining to the in lieu parking fee request for 110
East Atlantic Avenue (Sopra Center): All of the evidence is a part of the record in this
case. Requirad findings are made in accordance with- Subsection I.
I. IN LIEU. PARKING FEE:
Pursuant, to LDR. Section 4.6.9(E)(3), when .additional parking is required due to
conversion of use to an existing building and it is impossible or inappropriate to provide
such parking the City Commission may approve the payment of an in lieu fee father
than provide the required parking_ In the case of conversion of use, no existing parking
spaces may be eliminated. The applicant is requesting to purchase four spaces at
$20,680.00 per space for a total of $04,644.00.
Does the In Lieu Parking Fee request for the purchase of four (4) parking
spaces in -lieu meet the requirements of LDR Section 4.6.9(E)(3) and the
conditions, 11fany, listed below?
Payment. will be made pursuant to an In -Lieu_ of Parking Fee
Agreement as per LDR Section 4.6.9(E)(3)(e).
Yes 5 No 0
3. The City Commission hereby finds that the In Lieu Parking Fee .Request
meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the
conditions listed above, if any, and the City Commission has applied the
City Commission Meeting of December 9, 2014, Item 9.B.
Comprehensive Plan and finds that its determinations set forth in this Order are
consistent withthe Comprel en'sive Plan and Land Development. Regulations..
4. The, City Commission -finds there. is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports,. testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before: it, the City Commission approves
denies the in lieu parking fee request as set forth above.
6_ Lased on the entire record before it, the City Commission hereby adopts
i this Order this Sind day of December, 2014, by a vote of 5 in favor .and 0
opposed.
Caiji D. Glickstdii, Mayor
Cheveile N'ubin, City Clerk
2
City Commission Meeting of December 9, 2014; Item 9. B,