December 4, 2018 City Commission Regular Minutes FINAL with signature pageTuesday, December 4, 2018
6:00 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 Adam Frankel
Deputy Vice Mayor Shirley Ervin Johnson
Commissioner Bill Bathurst
Commissioner Ryan Boylston
Minutes - Final
Regular Meeting at 6:00 PM
December 4, 2018City Commission Minutes - Final
1. ROLL CALL
Mayor Petrolia called the Regular City Commission Meeting to order at
6:00 p.m.
The roll call was taken by the City Clerk.
The following were in attendance:
Mayor Shelly Petrolia
Vice Mayor Adam Frankel
Deputy Vice Mayor Shirley Ervin Johnson
Commissioner Bill Bathurst
Commissioner Ryan Boylston
Others present were:
Mark R. Lauzier, City Manager
William Bennett, Assistant City Attorney
Katerri Johnson, City Clerk
approved
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. AGENDA APPROVAL
The City Manager requested that Item 7.A., Resolution No. 126-18, Award
of Five Year Agreement with Oceanside Beach Services, Inc. be deferred
to the January 15, 2019 Regular City Commission Meeting.
Mayor Petrolia requested to move Item 6.H.1.E. to the regular agenda as
Item 7.A.A.
Commissioner Boylston made a motion to approve the agenda as
amended. It was seconded by Commissioner Bathurst. A roll call vote was
taken and all were in favor. The motion carried 5-0.
approved
4. PRESENTATIONS:
4.A.18-804 LIVE FRESH SHOWER TRUCK
Recommendation:Motion to approve the Live Fresh Shower Truck (“Truck”) to be located on
the St. Matthews Episcopal Church site for a six-month pilot program.
Sponsors:Community Improvement
Page 1City of Delray Beach Printed on 1/17/2019
December 4, 2018City Commission Minutes - Final
Agenda Cover Report
Live Fresh Shower Truck PowerPoint Presentation
Attachments:
Janet Meeks, Neighborhood and Community Services Division and a
member of the Homeless Task Force, gave a brief presentation regarding
a six-month pilot program for a mobile live fresh shower truck to be located
at St. Matthews Episcopal Church to serve approximately 30 out of 100
homeless people who are currently served lunch at the church on Friday's.
The City Commission gave a few brief comments.
4.B. HOME RULE EDUCATIONAL VIDEO
Deputy Vice Mayor Johnson presented the Home Rule Educational video.
The City Commission gave a few brief comments.
4.C. Internal Auditor's Report
4.C.1. None
5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS:
5.A. City Manager’s response to prior public comments and inquiries
None.
5.B. From the Public
Pauline Moody, P.O. Box 8196, Delray Beach, stated she does not support
the Live Fresh Shower Truck.
Bruce Leish, 335 S.E. 6th Avenue, #302, Delray Beach, President of the
Meridian Delray Condominium Association, Landscape Architect and City
Planner, expressed concern over the road widening project on Swinton
Avenue for bike lanes and he feels that taking down the trees would destroy
the character of the street. Mr. Leish stated other alternatives would be to
widen the existing sidewalks. Secondly, Mr. Leish stated the City has done
a good job on Federal Highway with cleaning and maintaining the
islands/medians. However, he pointed out that there are some palm trees
near the Meridian that need to be replaced.
Yvonne Odom, 3905 Lowson Boulevard, Delray Beach, expressed concern
over the City Commission making decisions under the Commission
comments section of the agenda with no public comment. She commented
about a report given to the City Commission about the 2018 Election and
Page 2City of Delray Beach Printed on 1/17/2019
December 4, 2018City Commission Minutes - Final
she would like to know whether or not something was wrong with the mail-in
vote and if something is wrong that it be corrected by 2020.
Ann Stacey-Wright, 225 S.W. 7th Avenue, Delray Beach, expressed that
the City Commission taking over the CRA Board was a power grab. She
stated the independent board The Set in partnership with the West Atlantic
Avenue Redevelopment Coalition (WARC) started to change how
decisions were being made. Ms. Stacey-Wright stated the Set is
comprised of WARC, the Northwest/Southwest neighborhood, the Elders,
Visons of Peace, the Dog Pound, concerned citizens of the Set, Roots
Cultural Festival, and the neighbors living in the Set.
Ernestine Holiday, 40 N.E. 4th Avenue, Delray Beach, stated signs were
turned down that The Set made and she feels that the City Commission is
trying to discredit the current and former members of the West Atlantic
Aveue Coalition (WARC) and expressed concern over important issues
such as residents who cannot get their roofs repaired because of the
eligibility criteria that the City has in place. In her opinion, Ms. Holiday
stated some of the non-profits that are doing good work are being ignored
and she feels that the community is being disrespected.
Alfred Straghn, 26 S.W. 5th Avenue, Delray Beach, commented about the
signs that The Set made for the northwest/southwest section of the
community was turned down.
Patrick Halliday, 1071 Delray Lakes Drive, Delray Beach, stated Swinton
Avenue Road Improvement Project was not a Human Powered Delray
(HPD) project, but was John Morgan's and some former staff. Mr. Halliday
stated that the project allows for the road resurfacing that is needed on
Swinton Avenue regardless of the bike paths. He suggested as a solution
for the project is to get rid of the plan for the bicycles on the side of the road
and make it a multi-path bicycle walking lane where the sidewalk is now
which will create a buffer with the swale and the trees so no trees have to
be taken down. He stated this way they can preserve the road usage and
get the resurfacing done without having to go back to all new drawings. Mr.
Halliday commented about pedi-cabs and urged the City Commission to
revisit the pedi-cabs.
Timothy Boykin Taylor, urged the City Commission to listen to the voice of
the people who live in different areas of the community.
Reggie Cox, 715 Dr. Martin Luther King Jr. Drive, Delray Beach, stated the
community has to be part of the formulation and decision making process
that will utimately impact the quality of their lives.
Page 3City of Delray Beach Printed on 1/17/2019
December 4, 2018City Commission Minutes - Final
Phyllis Gunn, 131 N.W. 6th Avenue, Delray Beach, stated the City will not
help her put a new roof on her home because she does not have insurance
and she urged the City Commission to help her and other senior citizens in
the community.
Clifford H. Durden, 702 Chatelaine Boulevard, Delray Beach, stated in the
past there were some problems in the city, however, they were able to
resolve those problems because people worked together. Mr. Durden
stated he feels we are leaning towards a situation that is detrimental to the
All America City and he believes in unity.
Alice Finst, 707 Place Tavant, Delray Beach, expressed concern over
approval of Item 6.I.1., Resolution No. 127-18 for $260,000.00 for a parking
count and guidance system in Old School Square Garage and she urged
the City Commission to look at whether a special company is necessary or
if they can do this with city employees to help save on the cost.
George Long, 46 N. Swinton Avenue, Delray Beach, expressed concern
over the increased traffic throughout the city.
Gayle Clark, 124 N.E. 7th Avenue, Delray Beach, urged the City
Commission to help the Palm Trail Association save a Banyan tree on her
street. Ms. Clark spoke briefly about Tree Ordinance No. 19-17 and other
Banyan trees throughout the city that are now gone.
Annette Annchild, 300 N. Swinton Avenue, Delray Beach, thanked the City
Commission for what they do. Secondly, Ms. Annchild expressed concern
over the narrowing of Swinton Avenue and the potential removal of trees
and stated this street holds the character of the town.
Mayor Petrolia stated the City Commission is also trying to evaluate to see
how this project got to this point without the vetting that needed to be done
prior to asking for the grant. She stated everyone agrees that the road
needs to be resurfaced and maybe that is what prompted this to go forward
and in order to get this grant there had to be something to do with bike
paths. Mayor Petrolia stated she will be requesting a Workshop Meeting to
discuss this issue.
Claudia Willis, 160 Marine Way, Delray Beach, supports historic
preservation and stated the Secretary of Interior Standards is against the
widening of roads. Secondly, Ms. Willis thanked the City Commission for
providing the live fresh shower truck/mobile shower for the homeless.
Lastly, she commented about the intent of the tree ordinance and
suggested that the ordinance be recrafted.
Page 4City of Delray Beach Printed on 1/17/2019
December 4, 2018City Commission Minutes - Final
Jason Hersh, 319 N.W. 2nd Avenue, Delray Beach, member and
homeowner of The Set for 14 years, thanked the City Commission for
taking over the Community Redevelopment Agency (CRA) and cleaning up
the issues. Secondly, Mr. Hersh stated he understands the need for
paving; however, he feels that if there is no need for bike lanes that the City
should make the Florida Department of Transportation (FDOT) justify why
they want to put in bike lanes.
There being no one else who wished to address the City Commission,
Mayor Petrolia closed the public comment.
6. CONSENT AGENDA: City Manager Recommends Approval
The City Commission moved to Item 7.A.A.
Mayor Petrolia made a correction that Item 6.H.1.G. (142 NE 7th Avenue)
should be moved to the regular agenda as Item 7.A.A. not Item 6.H.1.E.
Vice Mayor Frankel made a motion to approve the consent agenda as
amended. It was seconded by Commissioner Boylston. A roll call vote
was taken and all were in favor. The motion carried 5-0.
Mayor Petrolia welcomed Assistant City Attorney William Bennett who is
filling in this evening for Lynn Gelin, Interim City Attorney.
Mayor Petrolia commented about the removal of the banyan trees
throughout the city.
A brief discussion by the City Commission ensued regarding a very large
banyan tree.
The City Manager stated during the Planning and Zoning approval process
there was extensive discussion about the tree and an investigation
associated with the tree's viability and the relocation.
Tim Stillings, Development Services Director, stated the 2017 tree
preservation ordinance strives to preserve trees in place, the second best
option is to relocate it on the same site, relocate it to another site, and
mitigation. Mr. Stillings stated the City was able to increase the dollar
amount for that mitigation and if the property owner wants to eliminate that
tree, the City receives more funds to replace that tree with the overall intent
the net change to the canopy is in the positive. Mr. Stillings stated the
Arborist estimated that thirty percent of the tree is visably diseased. He
stated the property owner initially proposed to replace the banyan tree with
eight cathedral oaks at 20 feet tall placed within the public right-of-way and
the owner has enhanced the overall landscaping within the property beyond
Page 5City of Delray Beach Printed on 1/17/2019
December 4, 2018City Commission Minutes - Final
what the code requires. Staff is looking at options to relocate the tree and
the cost could range anywhere from $4,500-$10,000.
A brief discussion between Mayor Petrolia and Mr. Stillings ensued.
Commissioner Boylston made a motion to approve Item 7.A.A. (formerly
Item 6.H.1.G.). It was seconded by Vice Mayor Frankel. A roll call vote
was taken and all were in favor. The motion carried 5-0.
approved
6.A.18-800 MEETING MINUTES
Recommendation:Motion to approve meeting minutes as listed below.
November 06, 2018 City Commission Regular Meeting Minutes
November 13, 2018 City Commission Special Meeting Minutes
Sponsors:City Clerk Department
Agenda Cover Report
11-06-18 City Commission Regular Meeting Minutes
11-13-18 City Commission Special Meeting Minutes
Attachments:
approved
6.B.18-717 FINAL (MAJOR) SUBDIVISION REPLAT AND ASSOCIATED
LANDSCAPE MAINTAINENCE AGREEMENT FOR LOTS 101 AND 102,
TROPIC ISLE, PLAT BOOK 24, PAGE 235, ALSO KNOWN AS
DELRAY 7 TOWNHOMES.
Recommendation:Move approval for the Final (Major) Plat for Delray 7 Townhomes by
adopting the findings of fact and law contained in the staff report and
finding that the request and approval thereof is consistent with the criteria
set forth in Section 2.4.5(J), Major Subdivision, of the Land Development
Regulations along with approval of a Landscape Maintenance Agreement
pursuant to Sec. 4.4.16 of the LDRs.
Sponsors:Development Services Department
Agenda Cover Report
Location Map-CC
Plat 1
Plat 2
A-1SITE PLAN
LMA- Applicant signed
PZB 101518 Delray 7 Staff Report Final
Legal Review Form-LandscapeMA-Delray7Townhomes-10-16-18
Attachments:
Page 6City of Delray Beach Printed on 1/17/2019
December 4, 2018City Commission Minutes - Final
approved
6.C.18-732
GRANT AWARD / FLORIDA DEPARTMENT OF HEALTH / EMERGENCY
OPIOID ANTAGONISTS
Recommendation:Motion to accept an award of emergency opioid antagonists through the
Helping Emergency Responders Obtain Support (HEROS) Program from
Florida Department of Health.
Sponsors:Fire Rescue Department
Agenda Cover Report
DBFR MMCAP Agreement Executed.pdf
DBFR HEROS Narcan Program Acceptance Letter.pdf
DBPD Fully Executed ODMap Agreement.pdf
Legal Review Form_LW.pdf
Attachments:
approved
6.D.18-729 CHENEY BROTHERS: FOOD PRODUCTS FOR RE-SALE AT THE
DELRAY BEACH GOLF CLUB
Recommendation:Motion to approve an increase in the amount of $50,000 for the purchase
of food products for resale at Delray Beach Golf Club bringing the total
amount to $110,000.
Sponsors:Parks & Recreation Department
Agenda Cover ReportAttachments:
approved
6.E.18-695 APPROVAL OF RESOLUTION NO. 124-18 FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION FUNDING OF $300,000 THROUGH A
LEGISLATIVE APPROPRIATION FOR THE ATLANTIC DUNES PARK
PROJECT PHASE 1 (CITY PROJECT NO 17-096)
Recommendation:Motion to approve City of Delray Beach (City) Resolution No. 124-18
authorizing and directing the City Manager to request and accept funding
from a Legislative Appropriation for the Atlantic Dunes Park Project (City
Project #17-096) through the State of Florida Department of Environmental
Protection
Sponsors:Public Works Department - Programs & Project Management
Indexes:Capital Improvement Projects - City Wide
Page 7City of Delray Beach Printed on 1/17/2019
December 4, 2018City Commission Minutes - Final
Agenda Cover Report
FDEP Atlantic Dunes Park Resolution 11.19.18
Delray Beach Atlantic Dunes Park Phase 1 - Grant Agreement
11.19.18
Atlantic Dunes Legal Review Approval
Pages 251-252 from HB5001 FY18-19
Delray Beach Atlantic Dunes Project Information Package 10.3.18
Attachments:
approved
6.F.18-773 APPROVAL OF A RESOLUTION NO. 145-18 TO AWARD A SERVICE
AUTHORIZATION AGREEMENT NO. 5 TO APTIM ENVIRONMENTAL &
INFRASTRUCTURE, INC. IN THE AMOUNT NOT-TO-EXCEED $989,428
FOR COASTAL ENGINEERING CONSULTING SERVICES INCLUDING A
SAND SEARCH INVESTIGATION, ENGINEERING, PERMITTING AND
MONITORING FOR THE CITY OF DELRAY BEACH’S BEACH
NOURISHMENT PROGRAM (PROJECT NO.17-081)
Recommendation:Approval of a Resolution No. 145-18 to award Service Authorization No.5
with Aptim Environmental & Infrastructure, Inc. in the amount not-to-exceed
$989,428 for Coastal Engineering Consulting Services including a sand
search investigation, engineering, permitting and monitoring for the City of
Delray Beach’s Nourishment Program. (Project No. 17-081)
Sponsors:Public Works Department - Programs & Project Management
Indexes:Capital Improvement Projects - City Wide
Agenda Cover Report
Resolution Aptim Sand Search 11.6.18Legal
Legal Review Checklist Coastal Eng Aptim
SA_2018-19 Coastal Engineering ServicesREV
Attachments:
approved
6.G. PROCLAMATIONS:
6.G.1. None
approved
6.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
approved
Page 8City of Delray Beach Printed on 1/17/2019
December 4, 2018City Commission Minutes - Final
6.H.1.18-793 REPORT OF APPEALABLE LAND USE ITEMS FROM OCTOBER 22,
2018 THROUGH NOVEMBER 4, 2018.
Recommendation:By motion, receive and file this report.
Sponsors:Development Services Department
Agenda Cover Report
Appealable Items Map -11.07.18
A - Alta Congress Apartments
B - Best Florida Detox
C - Brook Haven Condos
D - AT&T
E - 701 SW 2nd CT
F - Delray City Market
G - 142 NE 7th Ave
H - Delray Chevrolet
Attachments:
Item 6.H.1.G. was moved to the regular agenda as Item 7.A.A.
approved
6.I. AWARD OF BIDS AND CONTRACTS:
approved
6.I.1.18-787 APPROVAL OF RESOLUTION NO. 127-18 TO AWARD AN
AGREEMENT WITH PARK ASSIST, LLC FOR A PARKING COUNT AND
GUIDANCE SYSTEM IN THE OLD SCHOOL SQUARE PARKING
GARAGE IN A NOT-TO-EXCEED AMOUNT OF $260,000
Recommendation:Motion to approve Resolution No. 127-18 to award an agreement with Park
Assist, LLC for a parking count and guidance system in the Old School
Square Parking Garage in a total amount not-to-exceed $260,000.
Sponsors:Public Works Department - Programs & Project Management
Page 9City of Delray Beach Printed on 1/17/2019
December 4, 2018City Commission Minutes - Final
Agenda Cover Report
2018-033 Agreement for Parking Count and Guidance System, vendor
executed
Resolution No. 127-18 with Park Assist CA rev
Legal Review Checklist form v. 5 Park Assist agreement
2018-033 Parking Count and Guidance System (rev 2)
2018-033 Addendum No. 1
2018-033 Addendum No. 2
2018-033 Addendum No. 3
2018-033 Addendum No. 4
2018-033 Addendum No. 5
Park Assist
2018-033 RFP Scoring Summary After Final Evaluations
Attachments:
approved
7. REGULAR AGENDA:
The City Manager requested the Item 7.A., Resolution No. 126-16 be
moved to the Regular City Commission Meeting of January 15, 2019.
Mayor Petrolia requested that Item 6.H.1.E., 701 S.W. 2nd Court, be
moved to the regular agenda as Item 7.A.A.
Commissioner Boylston made a motion to approve the agenda as
amended. It was seconded by Commissioner Bathurst. A roll call vote was
taken and all were in favor. The motion carried 5-0.
approved
7.A.18-673 RESOLUTION NO. 126-18 OF AWARD OF A FIVE-YEAR AGREEMENT
WITH OCEANSIDE BEACH SERVICES, INC.FOR BEACH EQUIPMENT
RENTAL CONCESSIONS IN A CONTRACT AMOUNT NOT-TO-EXCEED
AMOUNT OF $2,055,000 (REVENUE).
Recommendation:Motion to award a five (5) year revenue Agreement with Oceanside Beach
Services, Inc. for Beach Equipment Rental Concessions in the amount of
$2,055,000 (revenue).
Sponsors:Parks & Recreation Department
Page 10City of Delray Beach Printed on 1/17/2019
December 4, 2018City Commission Minutes - Final
Agenda Cover Report
ATTACHMENT 1: RFP 2018-046 Final
ATTACHMENT 2: Oceanside Beach Service Proposal
ATTACHMENT 3: RFP 2018-046 Tab Sheet
ATTACHMENT 4: RFP2018-046 - Scoring Summary
ATTACHMENT 5: Legal Review Checklist Beach Equipment Rental
Concessions - Oceanside Beach Services
ATTACHMENT 6: OBS_Res126-18
ATTACHMENT 7: OBS Agreement
ATTACHMENT 8: Oceanside Beach Service equipment
Attachments:
The City Manager requested that Item 7.A., Resolution No. 126-18 be
postponed to a date certain of January 15, 2019.
7.B.18-726 A WAIVER REQUEST TO LDR SECTION 4.6.7(F)(i)(1), TEMPORARY
IDENTIFICATION SIGNS, TO ALLOW SIGNAGE TO BE PLACED ON
THE SCREENING FENCE LOCATED ON THE SE 4TH AVENUE AND
SE 5TH AVENUE ON THE 4TH AND 5TH DELRAY (AKA IPIC).
(QUASI-JUDICIAL HEARING)
Recommendation:Motion to Approve the waiver to Land Development Regulation Section
4.6.7(F)(i)(1), Temporary Identifcation Signs, to allow signage to be placed
on the screenig fence along sections of SE 5th Avenue and SE 4th
Avenue.
Sponsors:Development Services Department
Agenda Cover Report
Justification Letter
Existing Conditions
Site Plans
Proposed signage
Fourth and Fifth Board Order
Attachments:
Mayor Petrolia read the Quasi-Judicial rules for the City of Delray Beach
into the record.
Commissioner Boylston left the dais briefly.
The City Clerk swore in those individuals who wished to give testimony on
Item 7.B. and/or Item 7.C.
Mayor Petrolia asked the City Commission to disclose any ex parte
communications.
Vice Mayor Frankel stated he had no exparte communications to disclose
for Item 7.B., however, for Item 7.C., stated he had a couple of emails on
Page 11City of Delray Beach Printed on 1/17/2019
December 4, 2018City Commission Minutes - Final
the City server. Commissioner Bathurst stated he had no exparte
communications to disclose for Item 7.B., however, he stated for Item 7.C.
that he spoke to the applicant. Deputy Vice Mayor Johnson stated she had
no exparte communications to disclose. Mayor Petrolia stated she had no
exparte communications for Item 7.B., however, she stated for Item 7.C.
that she had email on the City server.
Tim Stillings, Development Services Director, entered the project file
#2018-012 into the record and stated this is a request for a waiver
regarding the allowable signage for a screening fence.
Sarah Scheffel, Samuels & Associates, Inc., Developer and Owner of the
4th & 5th Delray Project also known as iPic, gave a brief overview of the
site plan and stated she is applying for temporary marketing signage to go
on the construction fence of the project for approximately two months and to
help make their marketing efforts be more successful (i.e. retail space and
office space on the 3rd floor).
Mr. Stillings stated this is a request for two separate signs; one sign along
each frontage on 5th and 4th. Mr. Stillings stated similar waivers have
been approved before and this meets all of the waiver standards with
respect to the LDRs. Staff recommends approval.
Mayor Petrolia stated if anyone from the public would like to speak on this
item, to step forward at this time. There being no one from the public who
wished to speak on this item, the public comment was closed.
There was no cross-examination or rebuttal.
Commissioner Boylston stated this accomplishes the following: (1)
aesthetically more pleasing than the green or blue fence that is put up, (2)
an opportunity to market something coming to the city, and (3) it
communicates what is there.
Commissioner Bathurst supports the request.
Deputy Vice Mayor Johnson stated she supports the request.
A brief discussion between Mayor Petrolia and Mr. Stillings followed.
Ms. Scheffel stated the panel will repeat about eight times on 5th Avenue
and about six times on 6th Avenue.
The City Commission expressed concern that a continuation of the panels
would be too repetitive.
Page 12City of Delray Beach Printed on 1/17/2019
December 4, 2018City Commission Minutes - Final
Commissioner Boylston stated he would support alternating the panels so
that there be a panel and then a blank/black panel.
A brief discussion by the City Commission took place regarding the
duration and condition of the signs.
It was the consensus of the City Commission to support alternating the
panels with a blank/black panel.
Ms. Scheffel stated the projected opening for the shell completion is the
end of January and the opening of iPic is March 2019.
Since Commissioner Boylston stepped out of the room at the time the
exparte communications where being disclosed. Assistant City Attorney
William Bennett asked Commissioner Boylston if he had any ex parte
communications on this item. Commissioner Boylston stated he had no ex
parte communications on this item.
William Bennett, Assistant City Attorney, briefly reviewed the Board Order
with the City Commission. The City Commission unanimously supported
the Board Order approving the waiver request with the amendment as
discussed.
Commissioner Boylston made a motion to approve the waiver request with
the amendment of alternating the panels with a blank black panel that would
match the color of the art of the existing panel throughout the project. It was
seconded by Vice Mayor Frankel. A roll call vote was taken and all were in
favor. The motion carried 5-0.
approved with conditions
7.C.18-744 IN LIEU OF PARKING FEE REQUEST FOR 1 SPACE FOR HNM OFFICE
LOCATED AT 143 SOUTH SWINTON AVENUE. (QUASI-JUDICIAL
HEARING)
Recommendation:Motion to Approve the in lieu of parking fee request in the amount of
$10,140 for 1 parking space for HNM Office, located at 143 South Avenue,
by adopting the findings of fact and law contained in the staff report, and
finding that the request is consistent with the Comprehensive Plan and
meets the criteria set forth in Section 4.6.9(E) of the Land Development
Regulations, subject to the condition that full payment be paid prior to
issuance of a building permit and that applicant construct three additional
on-street parking spaces adjacent to the subject property within the
Swinton Avenue and SE 2nd Street rights-of-way.
Page 13City of Delray Beach Printed on 1/17/2019
December 4, 2018City Commission Minutes - Final
Sponsors:Development Services Department
Agenda Cover Report
2018-12-04-CC-Board Order-In Lieu Parking-143 S Swinton Ave
Survey-143 South Swinton Avenue
SitePlan-143 South Swinton Avenue
Vicinity Map-143 South Swinton Avenue
Attachments:
William Bennett, Assistant City Attorney asked Commissioner Boylston if
he had any ex parte communications on Item 7.C. Commissioner Boylston
stated he had a telephone converation with Jaime Mayo from HNM
Architecture about this property.
Tim Stillings, Development Services Director, entered the project file
#2018-155 and is an in-lieu of parking request for one space.
Jaime O. Mayo, Principal of HNM Architecture, 3705 N. Federal Highway,
Delray Beach, gave a brief presentation and reviewed the site plans. Mr.
Mayo stated staff recommended approval and the Parking Management
Advisory Board (PMAB) recommended approval of the one in-lieu of
parking fee request for one space. However, Mr. Mayo stated the Historic
Preservation Board (HPB) recommended denial because they felt the
massing of the addition was too big.
Mr. Stillings gave a brief presentation and stated with the addition they are
required to have eleven (11) spaces; 8 on-site; they are constructing 3 new
on-site spaces, however, they only receive credit for half of those on-street
spaces.
A brief discussion between Mayor Petrolia and Mr. Stillings ensued.
Mayor Petrolia stated if anyone from the public would like to speak on this
item, to step forward at this time.
George Long, 46 N. Swinton Avenue, Delray Beach, stated he has been
sworn in and supports the in-lieu parking request.
There being no one from the public who wished to speak on this item,
Mayor Petrolia closed the public comment.
There was no cross-examination or rebuttal.
A brief discussion by the City Commission followed with respect to their
support of this project.
William Bennett, Assistant City Attorney, reviewed the Board Order with the
Page 14City of Delray Beach Printed on 1/17/2019
December 4, 2018City Commission Minutes - Final
City Commission.
Vice Mayor Frankel made a motion to approve the Board Order (approving
Item 7.C.). It was seconded by Deputy Vice Mayor Johnson. A roll call vote
was taken and all were in favor. The motion carried 5-0.
approved
7.D.18-813 ALWAYS DELRAY COMPREHENSIVE PLAN UPDATE:
PRESENTATION OF THE HEALTHY COMMUNITY ELEMENT
Recommendation:Provide comment and direction regarding the proposed Healthy
Community Element of the Always Delray Comprehensive Plan.
Sponsors:Development Services Department
Agenda Cover Report
HCE-DIA_12-4-18
HCE GOP_12-4-18
MAP_HCE1_Health_Centers
MAP_HCE2_Food_Markets
Attachments:
Tim Stillings, Development Services Director, presented the City
Commission with the Always Delray Comprehensive Plan Update for the
Healthy Community Element.
7.E.18-814 ALWAYS DELRAY COMPREHENSIVE PLAN UPDATE:
PRESENTATION OF THE EDUCATION ELEMENT
Recommendation:Provide comment and direction regarding the proposed Education
Element of the Always Delray Comprehensive Plan.
Sponsors:Development Services Department
Agenda Cover Report
EDU DIA CC_12042018
EDU GOP CC 120418
EPS Maps_041118
EDU_2018 Statutes Chart
Attachments:
Tim Stillings, Development Services Director, presented the City
Commission with the Always Delray Comprehensive Plan Update for the
Education Element.
8. PUBLIC HEARINGS:
8.A. None
Page 15City of Delray Beach Printed on 1/17/2019
December 4, 2018City Commission Minutes - Final
approved
9. FIRST READINGS:
9.A. None
10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
approved
10.A. City Manager
10.A.1. City Beautification Project
The City Manager presented the City Commission with slides of the
beautification efforts that the city is undertaking.
approved
10.B. City Attorney
William Bennett, Assistant City Attorney, stated he had no comments.
10.C. City Commission
Vice Mayor Frankel stated the last City Commission Meeting started at
4:00 p.m. and he feels it worked well. Therefore, Vice Mayor Frankel
suggested that beginning January 2019, he would support a trial period
to move the start time of the meetings to either 4:00 p.m. or 5:00 p.m.
Commissioner Boylston stated that beginning January 2019, he too
supports a trial period for the City Commission Meetings to start at 4:00
p.m. or 5:00 p.m.
Commissioner Bathurst stated that beginning January 2019, he also
supports a trial period for the City Commission Meetings to begin at
4:00 p.m.
Mayor Petrolia stated that beginning January 2019, she too supports a
trial period for the City Commission Meetings to start at 4:00 p.m. and
would like to have an open comment section at 5:00 p.m. or 5:30 p.m.
for those individuals who arrive late.
Deputy Vice Mayor Johnson expressed concern over the City
Commission Meetings starting at 4:00 p.m. and stated sometimes
there are presentations that involve school-aged children and parents
Page 16City of Delray Beach Printed on 1/17/2019
December 4, 2018City Commission Minutes - Final
may want to be present to see their children.
Mayor Petrolia suggested that these type of presentations be moved to
6:00 p.m. or at the end of the meeting to allow those parents who do
work until 5:00 p.m., enough time to get off work and attend the
meetings.
Deputy Vice Mayor Johnson stated she supports the meetings to start
at 5:00 p.m.
It was the consensus of the City Commission (with the exception of
Deputy Vice Mayor Johnson) that beginning January 2019, to support a
trial period for the City Commission Meetings to start at 4:00 p.m.
There being no further business to discuss, Mayor Petrolia adjourned
the meeting at 8:57 p.m.
Page 17City of Delray Beach Printed on 1/17/2019
' /City Clerk
ATTEST·
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the ~e30 \o.,£. Meeting of the City
Commission held on 7 ~~ which Minutes were formally approved and
adopted by the City Commission on d.0
c~
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.