November 5, 2019 Regular Meeting Minutes_FINAL w signature pageTuesday, November 5, 2019
4:00 PM
City of Delray Beach
100 NW 1st Avenue - Delray Beach, Florida 33444
Phone: (561) 243-7000 - Fax: (561) 243-3774
www.mydelraybeach.com
Delray Beach City Hall
City Commission
Mayor Shelly Petrolia
Vice Mayor Shirley Ervin Johnson
Deputy Vice Mayor Bill Bathurst
Commissioner Adam Frankel
Commissioner Ryan Boylston
Minutes - Final
Regular Meeting at 4:00 PM
November 5, 2019City Commission Minutes - Final
1. ROLL CALL
Mayor Petrolia called the regular meeting to order at 4:00 p.m.
The roll call was taken by the City Clerk.
The following were in attendance:
Mayor Shelly Petrolia
Commissioner Adam Frankel
Vice Mayor Shirley Ervin Johnson
Deputy Vice Mayor Bill Bathurst
Commissioner Ryan Boylston
Others present were:
Neal de Jesus, Interim City Manager
Lynn Gelin, City Attorney
Katerri Johnson, City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. AGENDA APPROVAL
Commissioner Boylston moved to approve the agenda. It was seconded by
Vice Mayor Johnson. A roll call was taken, and all were in favor. The motion
carried 5-0 to approve the agenda.
Approved.
4. PRESENTATIONS:
Page 1City of Delray Beach Printed on 1/30/2020
November 5, 2019City Commission Minutes - Final
4.A.19-904 RESOLUTION NO. 168-19 RECOGNIZING FRANCIS MOSCHETTE FOR
30 YEARS OF SERVICE.
Body:Recommended Action:
Recommendation:Motion to Approve Resolution No. 168-19 honoring Francis Moschette for
30 years of service.
Agenda Cover Report
Resolution 168.19 Francis Moschette 11.5.19
Attachments:
Mayor Petrolia read into the record Resolution No.168-19, recognizing Mr.
Francis E. Moschette III for 30 years of service with the City of Delray
Beach Police Department.
Duane d’ Andrea presented Mr. Francis E. Moschette III with a plague for
his 30 years of service to the City of Delray Beach.
4.B.19-983 RESOLUTION NO. 181-19 RECOGNIZING GLENDA RIVERA FOR 30
YEARS OF SERVICE.
Body:Recommended Action:
Recommendation:Motion to Approve Resolution No. 181-19 honoring Glenda Rivera for 30
years of service.
Agenda Cover Report
Resolution 181-19 Glenda Rivera
Attachments:
Mayor Petrolia read into the record Resolution No.181-19, recognizing Ms.
Glenda Rivera for 30 years of service to the City of Delray Beach.
Duane d’ Andrea presented Glenda Rivera with a plaque for her 30 years
of service to the City of Delray Beach.
5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS:
A. City Manager's response to prior public comments and inquiries
None.
Page 2City of Delray Beach Printed on 1/30/2020
November 5, 2019City Commission Minutes - Final
B. From the Public
City Attorney Gelin read aloud the local rules regarding public comments.
Maura Plant, 933 SE 2nd Avenue, Delray Beach, representing the program
“The Living Hungry” gave a brief speech about the programs function.
Rich Pollack, 543 Cleveland Road, Delray Beach, with “Delray Reads Day”
wanted to thank the City Commission for their support.
Lak Kalra, 3842 S. Lake Drive, Boynton Beach, gave a presentation about
the proposed annexation by his property.
David Altman, Tropic Isle, Delray Beach, spoke about the Code
Enforcement citation that he received about his lawn.
Ezra Krieg, 2984 Needham Court, Delray Beach, representing “The Delray
Beach Homeless Initiative”, wished to thank the City for their support.
Pauline Moody, unverifiable address, expressed concern about public
safety at the Green Market. She also mentioned that the showers do not
work at the Delray Beach Homeless Initiative.
Leonard Mitchell, 210 SW 14 Avenue, Delray Beach, expressed concerns
about some City employees who were recently forced to resign.
Paula Newman Rocker, 236 NW 8 Avenue, Delray Beach, spoke on behalf
of the “Carver High School Preservation and Historical Group” requesting
the Commission to list the City’s historical properties on the local registry.
City Attorney Gelin informed the Commission that she has a meeting
scheduled with the School Board regarding the historic protection of these
buildings and will update the Commission after her meeting.
J. Reeve Bright, 700 Seasage Drive, Delray Beach, spoke about the
streetlight outages on A1A.
Missie Barletto, Assistant Director of Public Works, Delray Beach,
informed the Commission that she is working with FPL about the streetlight
outages.
There being no one else from the public who wished to address the City
Commission, Mayor Petrolia closed the public comments.
Page 3City of Delray Beach Printed on 1/30/2020
November 5, 2019City Commission Minutes - Final
6. CONSENT AGENDA: City Manager Recommends Approval
Commissioner Frankel moved to approve the consent agenda. It was
seconded by Deputy Vice Mayor Bathurst. A roll call vote was taken, and all
were in favor of approving the consent agenda. The motion carried 5-0 to
approve the consent agenda.
Approved.
6.A.19-1001 CITY COMMISSION MEETING MINUTES
Body:Recommended Action:
Recommendation:Motion to approve meeting minutes as listed below:
August 20, 2019 - Regular Meeting Minutes
August 29, 2019 - Special Meeting Minutes
Agenda Cover Report
August 20, 2019 Regular Meeting Minutes
August 29, 2019 Emergency - Polcy Group Meeting Minutes
Attachments:
Approved.
6.B.19-1040 RETROACTIVE APPROVAL TO APPLY FOR FY2019-20 SOLID WASTE
AUTHORITY OF PALM BEACH COUNTY BLIGHTED PROPERTY
GRANT
Body:RECOMMENDATION:
Recommendation:Motion to approve application to the Solid Waste Authority of Palm Beach
County. If approved, this grant would provide funds to address activities
related to demolishing structures and improvements for future
development; removal of demolition products, rubble and other debris;
physical removal of environmental contaminants or treatment for related
improvements for commercial/residential units pursuant to zoning
requirement within the incorporated city limits of Delray Beach.
Agenda Cover Report
Blighted Property Grant Application-2020
Memo - Approval to Apply
Attachments:
Approved.
Page 4City of Delray Beach Printed on 1/30/2020
November 5, 2019City Commission Minutes - Final
6.C.19-991 EASEMENT AGREEMENTS FOR LANDSCAPE MAINTENANCE,
PEDESTRIAN CLEAR ZONE, GENERAL UTILITIES AND WATER MAIN
FOR THE PROJECT "DELRAY CITY MARKET” LOCATED AT THE
NORTHEAST CORNER OF SE 1ST STREET AND SE 3RD AVENUE
Body:Recommended Action:
Recommendation:Review and consider easement agreements for Landscape Maintenance,
Pedestrian Clear Zone, General Utilities and Water Main, as presented,
for the project known as “Delray City Market”.
Agenda Cover Report
Delray City Market Location Map
Delray City Market General Utility Easement Agreement
Delray City Market Landscape Maintenance Agreement
Delray City Market Pedestrian Clear Zone Easement Agreement
Delray City Market Water Main Easement Agreement
Legal Review Delray City Market (Water, Utility and Pedestrian Clear
Zone)
Legal Review Delray City Market Landscape Maintenance Agreement
Delray City Market Approved Site Plan
Attachments:
Approved.
6.D.19-1015 ACCEPTANCE OF 5,587.70 SQUARE FEET OF PERPETUAL
GREENWAY EASEMENT AGREEMENT LOCATED ON A PARCEL OF
LAND LYING IN SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY FLORIDA, FROM ARCHEAN CAPITAL LLC,
"THE GRANTOR", FOR THE SUBJECT PROPERTY LOCATED AT 777
S. CONGRESS AVENUE (PROJECT APPROVED AS COLLIER CAR
CLUB).
Body:Recommended Action:
Recommendation:Review and Consider a Perpetual Easement Agreement located at
Section 19, Township 46 South, Range 43 East, Palm Beach County
Florida to provide certain public improvements, including but not limited to,
sidewalk, pathways, lighting, curbing, drainage facilities, street furniture,
handicap access, utilities and landscaping from "The Grantee", The City of
Delray Beach, for the subject property located at 777 S. Congress Avenue.
Agenda Cover Report
777 S. Congress Ave Location Map
Greenway Easement Agreement
Legal Review of PGE for 777 Congress
Attachments:
Approved.
Page 5City of Delray Beach Printed on 1/30/2020
November 5, 2019City Commission Minutes - Final
6.E.19-1033 APPROVAL OF TWO (2) HISTORIC PRESERVATION GRANT AWARDS
FROM THE STATE OF FLORIDA - DIVISION OF HISTORICAL
RESOURCES
Body:Recommended Action:
Recommendation:Motion to approve two (2) grant awards from the State of Florida Division
of Historical Resources. Each award is in the amount not to exceed
$50,000 for the Education and Public Awareness of Historic Preservation
and the Resurvey of Five Designated Historic Districts with a total of the
two grants not to exceed $100,000.
Agenda Cover Report
Digitization and Scanning - Unsigned Contract
5 District Resurvey - Unsigned Contract
2018-05-10-Executed Memo for 2019 Grant Application
Attachments:
Approved.
6.F.19-1013 INTERLOCAL AGREEMENT BETWEEN THE DELRAY BEACH CRA
AND THE CITY OF DELRAY BEACH FOR FUNDING FOR
INFORMATION TECHNOLOGY SERVICES FY19-20
Body:Recommended Action:
Recommendation:Motion to approve the Interlocal Agreement between the Delray Beach
CRA and the City of Delray Beach for Computer Network and Information
Technology Services for FY19-20 in the amount of $110,000.
Agenda Cover Report
ATTACHMENT A - Legal Review Checklist form v. 5 ILA with CRA for
IT services
ATTACHMENT B - FY19-20 ILA CRA IT Services
Attachments:
Approved.
6.G.19-1049 APPROVAL OF GRANT APPLICATION AND
AWARD/FDOT/SPEED/AGGRESSIVE DRIVING ENFORCEMENT
PROGRAM
Body:Recommended Action:
Recommendation:Motion to Approve application for the Florida Department of Transportation
(FDOT) FY 19/20 Speed/Aggressive Driving Enforcement program.
Agenda Cover Report
Speed Aggressive Driving Grant 2019 Draft Application F
Legal Review Checklist_Speed and Aggresive Driving Grant App_lw
2019
Attachments:
Approved.
Page 6City of Delray Beach Printed on 1/30/2020
November 5, 2019City Commission Minutes - Final
6.H.19-1050 APPROVAL OF GRANT APPLICATION AND
AWARD/FDOT/MOTORCYCLE SAFETY PROGRAM
Body:Recommended Action:
Recommendation:Motion to Approve application for the Florida Department of Transportation
(FDOT) FY 19/20 Motorcycle Safety program.
Agenda Cover Report
Motorcycle Safety Grant 2019 Draft Application F
Legal Review Checklist_Motorcycle Safety Enforcement Program
Grant App_lw 2019
Attachments:
Approved.
Page 7City of Delray Beach Printed on 1/30/2020
November 5, 2019City Commission Minutes - Final
6.I.19-871 ITEMS (A-M) - ACCEPTANCE OF PERPETUAL SIDEWALK
EASEMENTS
AND EASEMENT AGREEMENT FOR MULTIPLE PROPERTIES
Body:Recommended Action:
Recommendation:
Item A
(A) Motion to approve and accept 5’ of sidewalk easement on 237 NW 5th
Ave.
Item B
(B) Motion to approve and accept 5’ of sidewalk easement on 233 SW
14th Ave.
Item C
(C) Motion to approve and accept 5’ of sidewalk easement on 229 SW
14th Ave.
Item D
(D) Motion to approve and accept 5’ of sidewalk easement on 1121 Miami
Blvd.
Item F
(F) Motion to approve and accept 5’ of sidewalk easement on 1110
Waterway Lane.
Item G
(G) Motion to approve and accept 5’ of sidewalk easement on 303 NW
18th St.
Item H
(H) Motion to approve and accept 5’ of sidewalk easement on 901
Allamanda Dr.
Item I
(I) Motion to approve and accept 5’ of sidewalk easement on 12 NW 18th
St.
Item J
(J) Motion to approve and accept 5’ of sidewalk easement on 315 NW
16th St.
Item K
(K) Motion to approve and accept 5’ of sidewalk easement on 1126
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November 5, 2019City Commission Minutes - Final
Waterway Ln.
Item L
(L) Motion to approve and accept 5’ of sidewalk easement on 941
Seagate Dr.
Item M
(M) Motion to approved and accept 10’ Utility easement located at 509
Curlew Rd.
Page 9City of Delray Beach Printed on 1/30/2020
November 5, 2019City Commission Minutes - Final
Agenda Cover Report
Simple Legal Review Approval- pse agreements
Item (A) Exhibit A Sketch-237 NW 5th Ave.
Item (A) Papa Map - 237 NW 5th Ave.
Item (A) Papa Page 237 NW 5th Ave.
Item (A) PSE Agreement-237 NW 5th Ave.
Item (A) Sunbiz -237 NW 5th Ave.
Item (B PSE Agreement - 233 SW 14th Ave.
Item (B) Exibit A Sketch 233 SW 14th Ave.
Item (B) PAPA Map Page 233 SW 14th Ave.
Item (B) PAPA Page 233 SW 14th Ave.
Item (B)Sunbiz -233 SW 14th Ave
Item (C) Exhibit A -229 SW 14th Ave.
Item (C) PAPA Page -229 SW 14th Ave.
Item (C) PAPA Map Page- 229 SW 14th Ave.
Item (C) PSE Agreement - 229 SW 14th Ave.
Item (C) Sunbiz145 SW -229 SW 14th Ave.
Item (D) Exhibit A Sketch - 1121 Miami Blvd.
Item (D) PAPA Map 1121 Miami Blvd.
Item (D) PAPA Page 1121 Miami Blvd.
Item (D) PSE Agreement - 1121 Miami Blvd.
Item (F) Exhibit A Sketch - 1110 Waterway Ln.
Item (F) PAPA Map 1110 Waterway Ln.
Item (F) PAPA Page 1110 Waterway Ln.
Item (F) PSE Agreement - 1110 Waterway Ln.
Item (G) Address App - 303 NW 18th St.
Item (G) Exhibit A Sketch -303 NW 18th St.
Item (G) PAPA Map 303 NW 18th St.
Item (G) PAPA Page 303 NW 18th St.
Item (G) PSE Agreement -303 NW 18th St.
Item (H) - Exhibit A - 901 Allamanda Dr.
Item (H) - PAPA Map - 901 Allamanda Dr
Item (H) - PAPA Page - 901 Allamanda Dr.
Item (H) - PSE Agreement - 901 Allamanda Dr
Item (H) - Survey -901 Allamanda Dr
Item (I) Exhibit A - 12 NW 18th St.
Item (I) PAPA Map - 12 NW 18th St.
Item (I) PAPA Page - 12 NW 18th St.
Attachments:
Page 10City of Delray Beach Printed on 1/30/2020
November 5, 2019City Commission Minutes - Final
Item (I) PSE Agreement - 12 NW 18th St.
Item (I) Sunbiz - 12 NW 18th St.
Item (J) Exhibit A Sketch - 315 NW 18th St.
Item (J) PAPA Map 315 NW 16th St.
Item (J) PAPA Page 315 NW 16th St.
Item (J) PSE Agreement -315 NW 16th St._Redacted
Item (K) Exhibit A Sketch -1126 Waterway Ln.
Item (K) PAPA Map 1126 Waterway Ln.
Item (K) PAPA Page 1126 Waterway Ln.
Item (K) PSE Agreement - 1126 Waterway Ln.
Item (L) Exibit A Sketch -941 Seagate Dr.
Item (L) PAPA Map 941 Seagate Dr.
Item (L) PAPA Page - 941 Seagate Dr.
Item (L) PSE Agreement - 941 Seagate Dr.
Item (L) Sunbiz - 941 Seagate Dr.
Item (M) - Exhibit A Sketch - 509 Curlew Rd.
Item (M) Easement Agreement - 509 Curlew Rd.
Item (M) PAPA Map - 509 Curlew Rd.
Item (M) PAPA Page - 509 Curlew Rd.
Approved.
6.J.19-958 APPROVAL OF AMENDMENT NO. 2 WITH UNIFIRST CORPORATION
FOR UNIFORM AND FLAT SUPPLIES RENTAL SERVICES TO RENEW
THE AGREEMENT FROM JANUARY 6, 2020 THROUGH JANUARY 5,
2021 IN AN AMOUNT NOT TO EXCEED $96,135
Body:Recommended Action:
Recommendation:Motion to Approve Amendment No. 2 to the Agreement with Unifirst
Corporation to exercise the final one (1) year renewal option in an amount
not-to-exceed $96,135 for Uniform and Flat Supplies, contingent on
appropriation of funds.
Agenda Cover Report
Legal Review Checklist form Unifirst (KWB)
Amendment No. 2 2016-028
Attachments:
Approved.
6.K. PROCLAMATIONS:
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November 5, 2019City Commission Minutes - Final
6.K.1.19-1051 DELRAY READS DAY - PROCLAMATION
Body:Recommended Action:
Recommendation:Motion to approve the Delray Reads Day Proclamation.
Agenda Cover Report
Delray Reads Day proclamation - 2019
Attachments:
This Proclamation was approved.
6.K.2.19-1054 OBSERVANCE OF VETERAN'S DAY PROCLAMATION
Body:Recommended Action:
Recommendation:Motion to observe Monday, November 11, 2019 as National Veteran's
Day.
Agenda Cover Report
Veteran's Day Proclamation
Attachments:
This Proclamation was approved.
6.K.3.19-1024 NATIONAL HUNGER & HOMELESSNESS AWARENESS WEEK
PROCLAMATION
Body:Recommended Action:
Recommendation:Motion to proclaim November 17-23, 2019 as National Hunger &
Homelessness Awareness Week.
Agenda Cover Report
Hunger and Homelessness Awareness Week
Attachments:
This Proclamation was approved.
6.K.4.19-1052 PICKLEBALL MONTH PROCLAMATION
Body:Recommended Action:
Recommendation:Motion to proclaim November 2019 as Pickleball Month in recognition of
the 2019 Delray Beach Pickleball Classic that begins on December 5,
2019 through December 8, 2019.
Agenda Cover Report
PickleballProclamation_2019
Attachments:
This Proclamation was approved.
6.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Page 12City of Delray Beach Printed on 1/30/2020
November 5, 2019City Commission Minutes - Final
6.L.1.19-1045 REPORT OF APPEALABLE LAND USE ITEMS FROM SEPTEMBER 30,
2019, THROUGH OCTOBER 18, 2019.
Body:Recommended Action:
Recommendation:By motion, receive and file this report.
Agenda Cover Report
Appealable Items Map - 11.05.19
A - 303 N. Swinton Avenue - Appealable Report
B - 22 SE 1st Ave- Appealable Report
C - 707 SE 1st St - Appealable Report
D - 3 NE 1st Street- Appealable Report
E - 230 George Bush - Appealable Report
F - 222 Palm Court - Appealable Report
G - 411 N. Swinton Ave - Appealable Report
H - 220 & 226 N. Swinton Ave - Appealable Report
I - 235 NE 1st Ave - Appealable Report
J - 2515 Lowson Blvd - Appealable Report
K - 2175 S. Ocean Blvd - Appealable Report
L - 166 SE 2nd Ave - Appealable Report
N- 710 SE 5th Ave - Appealable Report
O - 1111 W. Linton Blvd - Appealable Report
P - 202 SE 4th Ave - Appealable Report
Attachments:
Approved.
6.M. AWARD OF BIDS AND CONTRACTS:
Page 13City of Delray Beach Printed on 1/30/2020
November 5, 2019City Commission Minutes - Final
6.M.1.19-1044 APPROVAL OF RESOLUTION NO. 183-19 FOR THE PURCHASE OF
TWO NEW POLICE VEHICLES FROM BOZARD FORD UTILIZING THE
FLORIDA SHERIFF’S CONTRACT NO. FSA19 VEL-27.0 - $82,368
Body:Recommended Action:
Recommendation:Motion to approve Resolution No. 183-19 to purchase two new police
vehicles from Bozard Ford in an amount not exceed $82,368 utilizing the
Florida Sheriff’s Contract No. FSA19 VEL-27.0.
Agenda Cover Report
FSA 19-VEL27.0 Contract
Utility Interceptor Quote-Bozard 10-12-19
Hanin Estimate-1302 Total Loss
Hanin Estimate-1308 Total Loss
Florida Sheriffs Resolution for 2 police vehicles
Attachments:
Approved.
7. REGULAR AGENDA:
7.A.19-1005 APPROVAL OF RESOLUTION NO. 172-19 TO AWARD AN
AGREEMENT WITH L.V. SUPERIOR LANDSCAPING, INC. FOR
LANDSCAPE MAINTENANCE LAKE IDA ROAD MEDIANS AND TO
AUTHORIZE THE CITY MANAGER TO APPROVE AND EXECUTE
AGREEMENT RENEWAL OPTIONS - $337,050
Body:Recommended Action:
Recommendation:Motion to approve Resolution No. 172-19 and to award an agreement with
L.V. Superior Landscaping, Inc. for Landscape Maintenance Lake Ida
Road Medians in the estimated amount of $337,050 and authorize the City
Manager to exercise any and all renewal options, in the amounts below,
contingent upon appropriation of funds.
Agenda Cover Report
Legal Review Checklist L.V. Superior Landscape Maintenance
Agreement (Rev. KWB)
Resolution 172-19
ITB 2019-044 Agreement
Attachments:
Sam Metott, Director of Parks and Recreation stated that through the bid
process, LV Superior Landscaping was awarded the bid.
Commissioner Boylston made a motion to approve. It was seconded by
Vice Mayor Johnson. A roll call vote was taken, and all were in favor. The
motion carried 5-0 to approve Resolution No. 172-19.
Resolution No. 172-19 was approved.
Page 14City of Delray Beach Printed on 1/30/2020
November 5, 2019City Commission Minutes - Final
7.B.19-989 RESOLUTION NO. 173-19: A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE
ABANDONMENT OF PORTIONS OF TWO GENERAL UTILITY
EASEMENTS EACH CONTAINING 700 SQUARE FEET WHICH WERE
DEDICATED TO THE CITY OF DELRAY BEACH AND ANY OTHER
UTILITY OR SIMILAR FACILITY AS RECORDED IN DEED BOOK 847,
PAGE 467 AND DEED BOOK 878, PAGE 273 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, RUNNING PARALLEL, FIVE
FEET EAST AND FIVE FEET WEST, TO THE COMMON LOT LINE
BETWEEN LOT 6 AND LOT 7, BLOCK H, PLAT BOOK 21, PAGE 95 OF
THE JOHN B. RIED’S VILLAGE PLAT AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT “A”, PROVIDING AN EFFECTIVE DATE, AND
FOR OTHER PURPOSES, AND ASSOCIATED FINAL (MAJOR)
SUBDIVISION REPLAT OF LOTS 6 AND 7, BLOCK H, JOHN B. REID’S
VILLAGE, PLAT BOOK 21, PAGE 95, ALSO KNOWN AS CASUARINA
ROAD REPLAT
Body:Recommended Action:
Recommendation:Review and consider Resolution No.173-19, as presented, with
consideration of the Final (Major) Plat for Casuarina Road Replat, located
at 1009-1023 Casuarina Road, by adopting that the request and approval
thereof is consistent with the criteria set forth in the Land Development
Regulations Section 2.4.5(J)(Major Subdivisions).
Agenda Cover Report
Casuarina Road Replat Location Map
Casuarina Easement GUE Abn Res. No.173-19
Casuarina Road Replat
Casuarina Road Replat Survey
Casuarina Road Replat PZ Staff Report
Casuarina Delray Townhomes Site Plan
Attachments:
Anthea Gianniotes, Director of Development Services, stated that Mr.
Carney, the applicant was present. She gave a presentation of the project.
Commissioner Frankel made a motion to approve Resolution 173-19. It
was seconded by Vice Mayor Johnson. A roll call vote was taken, and all
were in favor. The motion carried 5-0 to approve Resolution No.173-19.
Resolution No. 173-19 was approved.
Page 15City of Delray Beach Printed on 1/30/2020
November 5, 2019City Commission Minutes - Final
7.C.19-1043 RESOLUTION NO. 182-19: A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,
APPROVING THE ABANDONMENT OF A COMBINED PRIVATE
RIGHT-OF-WAY AND PERPETUAL EASEMENT, CONTAINING
APPROXIMATELY 2,500 SQUARE FEET, THAT WAS DEDICATED TO
THE CITY OF DELRAY BEACH AS RECORDED IN THE ORIGINAL
RECORDS BOOK 9937, PAGE 1474, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, AND AS SHOWN ON THE WALLACE FORD
REPLAT, AS RECORDED IN PLAT BOOK 124, PAGE 151 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A”, FOR THE SITE KNOWN
AS AUTONATION BMW DELRAY, PROVIDING AN EFFECTIVE DATE,
AND FOR OTHER PURPOSES.
Body:Recommended Action:
Recommendation:Review and consider Resolution No. 182-19, as presented.
Agenda Cover Report
AutoNation BMW (fka Wallace Ford) Location Map
Res. 182-19- AutoNation Easement (fka Wallace) Abandonment with
exhibit
Wallace Ford Replat
AutoNation BMW (fka Wallace Ford) Approved Site Plan
AutoNation BMW (fka Wallace Ford) Survey
Wallace Ford Perpetual Easement (to be abandoned)
Attachments:
Anthea Gianniotes, Director of Development Services, stated that Mr. Mike
Troxell of Thomas Engineering, 6300 NW 31 Avenue, Ft. Lauderdale who
represents the applicant was present. Mr. Troxell gave a presentation of the
project.
Commissioner Boylston made a motion to approve Resolution No. 182-19.
It was seconded by Deputy Vice Mayor Bathurst. A roll call vote was taken,
and all were in favor. The motion carried 5-0 to approve Resolution No.
182-19.
Resolution No. 182-19 was approved.
Page 16City of Delray Beach Printed on 1/30/2020
November 5, 2019City Commission Minutes - Final
7.D.19-1070 POTENTIAL ANNEXATION, FUTURE LAND USE MAP AMENDMENT,
AND REZONING OF THE CITY-OWNED 4.06-ACRE PARCEL LOCATED
ON THE NORTH SIDE OF THE L-30 CANAL, EAST OF INTERSTATE 95,
AND WEST OF LAKE IDA.
Body:Recommended Action:
Recommendation:Provide Direction.
Agenda Cover Report
Lake Ida Park Parcels Location Map
Lake Ida Park Addition 2015 Deed
P&Z Report_Lake Ida Park Addition_ANX_FLU_RZ
Lake Ida Park Parcels_Proposed Land Use
Lake Ida Park Parcels_Proposed Zoning
Attachments:
Anthea Gianniotes, Director of Development Services, gave a presentation
of the project.
A discussion ensued with the Commissioners.
Mayor Petrolia stated that she is in favor of the annexation of this property.
City Attorney Gelin informed the Commission that a motion isn’t necessary,
but rather to give direction from the Commission on how to proceed with
the annexation.
Anthea Gianniotes, Development Services Director, stated that she will
move forward with the annexation of the property and communicate it to the
County as well.
Page 17City of Delray Beach Printed on 1/30/2020
November 5, 2019City Commission Minutes - Final
7.E.19-1063 RESOLUTION NO. 189-19: A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH STRONGLY ENCOURAGING THE
STATE LEGISLATURE TO APPROVE SENATE BILL 182 AND ANY
COMPANION HOUSE BILLS RELATING TO THE PREEMPTION OF
RECYCLABLE AND POLYSTYRENE MATERIALS BY AMENDING
SECTION 403.7033 AND SECTION 500.90, FLORIDA STATUTES;
REPEALING THE PREEMPTION OF LOCAL LAWS REGARDING THE
USE OR SALE OF SINGLE-USE PLASTIC BAGS AND POLYSTYRENE
MATERIALS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
Body:Recommended Action:
Recommendation:Motion to approve Resolution 189-19.
Agenda Cover Report
Resolution 189-19
SB 182
Letter for Plastics Regs Local Option
Memo_Assistant City Attorney
Attachments:
City Attorney Gelin clarified the nature of Resolution No. 189-19 to the
Commission.
Commissioner Frankel made a motion to approve Resolution 189-19. It
was seconded by Deputy Vice Mayor Bathurst. A roll call vote was taken,
and all were in favor. The motion carried 5-0 to approve Resolution No.
189-19.
Resolution No. 189-19 was approved.
Page 18City of Delray Beach Printed on 1/30/2020
November 5, 2019City Commission Minutes - Final
7.F.19-986 RESOLUTION 191-19: REQUESTING FOR AUTHORIZATION FOR
FLORIDA POWER AND LIGHT TO INSTALL STREET LIGHTS IN THE
SW 4TH ST, SW 6TH ST, SW 7TH AVE, AND SW 3RD CT
NEIGHBORHOOD IMPROVEMENTS PROJECT AND FOR PAYMENT
OF A NOT-TO-EXCEED $100,000 FOR THE DESIGN AND
INSTALLATION OF THESE LED FIXTURES
Body:Recommended Action:
Recommendation:Motion to Approve Resolution No. 191-19 in support of Florida Power and
Light (FPL) for the installation of LED Street Lights for the SW 4th St., SW
6th St., SW 7th Ave. & SW 3rd Ct. Neighborhood Improvements Project
and for the payment of a not-to-exceed amount of $100,000 for the design
and installation of these LED fixtures.
Agenda Cover Report
Res FPL LED Lighting 10.23.19 lg rev
Legal Review Form 8-17-18 FPL Resolution
Attachments:
Missie Barletto, Assistant Director of Public Works, gave a presentation on
the project.
Commissioner Frankel made a motion to approve Resolution No.191-19.
It was seconded by Commissioner Boylston. A roll call vote was taken, and
all were in favor. The motion carried 5-0 to approve Resolution No. 191-19.
Resolution No. 191-19 was approved.
7.G.19-1053 DISCUSSION/NOMINATIONS FOR APPOINTMENT OF THE
NORTHWEST/SOUTHWEST ADVISORY BOARD
Body:Recommended Action:
Recommendation:Discussion/Motion to approve nomination for appointment of five (5)
members to serve on the Northwest/Southwest Advisory Board. Three (3)
members to serve a one (1) year term ending in 2020 and two (2)
members to serve a two (2) year term ending in 2021.
Agenda Cover Report
Exhibit A 10152019
NWSW Applications
Attachments:
Vice Mayor Johnson recommended that this item be tabled until the
Commission has further discussions, and then the item will be put on a
future agenda.
This appointment was tabled.
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November 5, 2019City Commission Minutes - Final
7.H.19-1057 RECOMMENDATION FOR APPOINTMENT TO THE CODE
ENFORCEMENT BOARD
Body:Recommended Action:
Recommendation:Recommendation for appointment for one (1) regular member to serve an
unexpired term ending January 14, 2020 and one (1) regular member to
serve an unexpired term ending January 14, 2021.
Agenda Cover Report
Exhibit A
Code Enforcement Board
Attendance
Code Enforcement Applications
Attachments:
Commissioner Boylston moved to appoint Mr. Wes Waring to the Code
Enforcement Board. It was seconded by Mayor Petrolia. A roll call vote was
taken, and all were in favor. The motion carried 5-0 to appoint Mr. Wes
Waring to the Code Enforcement Board.
This appointment was approved.
7.I.19-988 RECOMMENDATION FOR APPOINTMENT TO THE DELRAY BEACH
HOUSING AUTHORITY BOARD
Body:Recommended Action:
Recommendation:Recommendation for appointment of one (1) member to serve an
unexpired term ending October 27, 2023.
Agenda Cover Report
Exhibit A
DBHA Member List
Board Attendance Record 2019
DBHA Applications
Attachments:
Vice Mayor Johnson moved to appoint Mr. Romain Cluet to the Delray
Beach Housing Authority Board. It was seconded by Commissioner
Frankel. A roll call vote was taken, and all were in favor. The motion carried
5-0 to appoint Mr. Romain Cluet to the Delray Beach Housing Authority.
This appointment was approved.
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November 5, 2019City Commission Minutes - Final
7.J.19-992 RECOMMENDATION FOR APPOINTMENT TO THE BOARD OF
TRUSTEES FOR THE POLICE OFFICERS' RETIREMENT SYSTEM
Body:Recommended Action:
Recommendation:Recommendation for appointment of one (1) regular member to serve an
unexpired term ending October 4, 2020.
Agenda Cover Report
Exhibit A
Board of Trustees for the Police Officers' Retirement System 3
Police Officers' Retirement System Attendance
Police Retirement Applications
Attachments:
Commissioner Boylston stated that he did not have the correct phone
number for his applicant.
Commissioner Boylston asked to table his appointment for now.
This appointment was tabled.
8. PUBLIC HEARINGS:
8.A. None
9. FIRST READINGS:
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November 5, 2019City Commission Minutes - Final
9.A.19-1076 ORDINANCE NO. 40-19: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER
32, “DEPARTMENTS, BOARDS AND COMMISSIONS”, OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 32.41, “COMPOSITION; TERMS; APPOINTMENT”, TO AMEND
PROCEDURE FOR APPOINTING MEMBERS OF THE BOARD AND TO
CLARIFY TERM OF COMMITTEE MEMBERS; AMENDING SECTION
32.42, “ORGANIZATION”, TO AMEND MAXIMUM HOURS WORKED TO
BE CONSISTENT WITH CITY POLICY AND TO AMEND TO ALLOW
MONTHLY MEETINGS TO BE ON AN “AS-NEEDED” BASIS,
PROVIDING A CONFLICTS CLAUSE AND SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
(FIRST READING)
Body:Recommended Action:
Recommendation:Motion to approve Ordinance No. 40-19 on first reading, amending
Chapter 32, "Departments, Boards and Commissions" by amending
Section 32.41 "Composition; Terms; Appointment" to amend procedure for
appointing members of the board and to clarify term of the Committee
members; and Section 32.42 "Organization" to amend maximum hours
worked to be consistent with City policy and to amend to allow monthly
meetings to be on an "as-needed" basis.
Agenda Cover Report
Ordinance 40 -19 Kids and Cops
Simple Legal Review Approval Kids and Cops Amended Ordinance
Attachments:
Attorney Gelin read Ordinance No. 40-19 into the record.
Commissioner Boylston made a motion to approve Ordinance No. 40-19. It
was seconded by Vice Mayor Johnson. A roll call vote was taken, and all
were in favor. The motion carried 5-0 to approve Ordinance 40-19 on first
reading.
Ordinance 40-19 was approved on first reading.
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November 5, 2019City Commission Minutes - Final
9.B.19-1098 ORDINANCE NO. 43-19: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR
CHARTER REVISIONS BY AMENDING SECTION 3.10, “SALARIES AND
EXPENSES”; TO PROVIDE FOR A CHANGE IN THE EFFECTIVE DATE
FOR INCREASES TO MAYOR AND COMMISSIONER SALARIES;
PROVIDING FOR A REFERENDUM ON MARCH 17, 2020; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
(FIRST READING)
Body:Recommended Action:
Recommendation:Motion to approve Ordinance 43-19 providing for Charter revisions by
amending Section 3.10, “Salaries and Expenses” to provide for a change
in the effective date for increases to Mayor and Commissioner salaries.
Agenda Cover Report
Ord 43-19 salaries of CC referendum
Attachments:
City Attorney Gelin read Ordinance No. 43-19 into the record.
Commissioner Boylston made a motion to approve Ordinance No. 43-19. It
was seconded by Vice Mayor Johnson. A roll call vote was taken, and all
were in favor. The motion carried 5-0 to approve Ordinance 43-19 on first
reading.
Ordinance 43-19 was approved on first reading.
10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
A. City Manager
Interim City Manager de Jesus deferred his comments.
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November 5, 2019City Commission Minutes - Final
B. City Attorney
City Attorney Gelin made the following comments:
·Informed the Commission that she received a cease and desist
letter concerning former Commissioner Jordana Jarjura.
·She had been invited to Tallahassee to represent Delray Beach
concerning the opioid crisis settlement. The Commission gave
Ms. Gelin their approval for her to attend.
·Asked the Commission for direction about the Buddha Sky Bar
project.
·Stated that she will prepare a Resolution regarding “The
Ordinance Challenge”.
·Informed the Commission that Mr. Michael Kahn will be
consulting with the City concerning the aggressive panhandlers
and homelessness in the City.
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November 5, 2019City Commission Minutes - Final
C. City Commission
Commissioner Frankel made the following comments:
·Recognized Chief Simms for a job well done directing the
downtown traffic.
Commissioner Boylston made the following comments:
·Hopes to see the West Atlantic Redevelopment Plan on a future
agenda.
·Thinks the 1:30 CRA meetings should start later due to the lack
of attendance.
·Informed the Commission that he will be teaching a crash course
on adoption, foster and respite care on November 13, 2019.
·Asked the Commission if they had any recommendations for
applicants to serve on the Police Retirement Board.
·Wanted to acknowledge that Target is now carrying Atlantic High
School Football Gear in its store.
Vice Mayor Johnson made the following comments:
·Shared with the Commission about her conference with the
League of Cities.
·Expressed her concerns about the regulation of Air B and B’s in
the City.
·Spoke about the elements of Good Governance
·Expressed her concerns about Interim City Manager de Jesus.
Mayor Petrolia made the following comments:
·Congratulated Team Hose’s on their recent softball win.
·Recognized the passing of Dorothy Ellington with the Downtown
Housing Authority and her accomplishments.
·Spoke briefly about the “American Flood Coalition Conference”
that she attended.
A discussion ensued with the Commission and Chief Weatherspoon
about the scheduled meetings with the DDA and business owners
about the Noise Ordinance.
Vice Mayor Johnson expressed concern about the decisions made
about the Marina. Missie Barletto, Assistant Director of Public Works,
gave a brief explanation on the Marina Way Project.
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November 5, 2019City Commission Minutes - Final
Interim City Manager de Jesus made the following comments:
·Recognized Captain Weatherspoon and Anthea Gianniotes for
a great job as interim managers in their departments.
·Asked the Commission for direction on the showers.
·Discussed Vice Mayor Johnson’s statements concerning him.
Mayor Petrolia suggested that both Interim City Manager de Jesus and
Vice Mayor Johnson sit down with City Attorney Gelin to discuss their
concerns.
There being no further business to discuss, Mayor Petrolia adjourned
the Regular Commission Meeting at 6:29 p.m.
Page 26City of Delray Beach Printed on 1/30/2020
ATTEST:
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the November 05, 2019 Regular City
Commission Meeting held on November 05, 2019, which Minutes were formally
approved and adopted by the City Commission on January 16, 2020.
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.