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May 5, 2020 Regular City Commission Meeting Minutes Final w signature pageTuesday, May 5, 2020 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 Ryan Boylston Deputy Vice Mayor Shirley Ervin Johnson Commissioner Adam Frankel Commissioner Juli Casale Minutes - Final Regular Meeting at 4:00 PM May 5, 2020City Commission Minutes - Final 1. ROLL CALL Mayor Petrolia called the Regular meeting to order at 4:11 p.m. The roll call was taken by the City Clerk. Mayor Shelly Petrolia, Deputy Vice Mayor Shirley Ervin Johnson, Commissioner Adam Frankel, Vice-Mayor Ryan Boylston, and Commissioner Juli Casale Present:5 - Others present were: George Gretsas, City Manager Lynn Gelin, City Attorney Katerri Johnson, City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. CITY COMMISSION MEETING PROCEDURES UTILIZING COMMUNICATIONS MEDIA TECHNOLOGY (CMT) City Attorney Gelin explained the Delray Beach City Commission Procedures for Communications Media Technology and how it will apply to City Commission meetings during the public health emergency declared by Governor DeSantis on March 9, 2020 - Executive Order 20-52. The Governor also established Executive Order 20-69, which suspended the physical quorum requirements for local government meetings, so this procedure will be adopted for that purpose. She also explained the process for public comments. 3.A.20-299 REVIEW AND ADOPTION OF DELRAY BEACH CITY COMMISSION MEETING PROCEDURES UTILIZING COMMUNICATIONS MEDIA TECHNOLOGY (CMT). Recommendation:Motion to approve and adopt the meeting procedures utilizing Communications Media Technology. Sponsors:City Attorney Department Agenda Cover Report City Commission Local Rules - CMT meetings pursuant to EO 20-69 (002) final 4-27-2020 (003) Attachments: approved Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 4. AGENDA APPROVAL Attorney Gelin pulled Item 7.K.1.(B) from the consent agenda to the regular Page 1City of Delray Beach Printed on 6/14/2020 May 5, 2020City Commission Minutes - Final agenda for a vote since Vice Mayor Boylston has a conflict on that matter. Mayor Petrolia pulled Item 7.E. for discussion as Item 8.A.A. She also requested that Item 7.K.1.(E) from the appealable land use report be pulled and voted on as Item 8.B.B. approved as amended Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 5. PRESENTATIONS: 5.A. None 6. 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 City Manager Gretsas gave a presentation on the Reclaimed Water Issue/Project showing the history of the project, in addition to the current status of where it is at now. He also shared that Mr. Hassan Hadijimiry retired Deputy Director of Palm Beach County Water Utilities Department will be coming on board as the City’s new Director of Public Utilities. Vice Mayor Boylston stated that residents will be very pleased when they hear about the changes to their water. Deputy Vice Mayor Johnson thanked City Manager Gretsas for his presentation. She expressed concern in the program’s viability. City Manager Gretsas stated that Mr. Hadijimiry will evaluate the program and further discussions will take place, as necessary. Mayor Petrolia expressed concern regarding the replacement program of the back-flow preventers when they come due in five years. Mr. Gretsas stated that Mr. Hadijimiry would address that as well. B. From the Public Pursuant to Executive Order 20-69, during the COVID-19 State of Emergency, City Commission meetings may be held virtually. Due to the closure of City Hall, members of the public wishing to participate in the meeting submitted their comments by leaving a voicemail message that was played during the City Commission meeting and made a part of the public record. Page 2City of Delray Beach Printed on 6/14/2020 May 5, 2020City Commission Minutes - Final City Clerk Johnson played the following recorded comments from the public: Sandy Smith, 1125 Beach Drive, Delray Beach expressed concern for speed control from the George Bush Bridge and the Atlantic Avenue Bridge. He also inquired about when the reclaimed water will be back for him to water his lawn. Jane Ellen Cates-Smith, 1125 Beach Drive, Delray Beach, thanked Mayor Petrolia for keeping the residents safe during the time of the virus. She also stated the need for the reclaimed water to be back on as soon as possible for irrigation on the island. Thirdly, she also strongly advocates for a NO Wake Zone by the George Bush Blvd Bridge and the Atlantic Bridge. Tenille DeCoste, 4930 NW 5th Street, Delray Beach, thanked the Mayor and Commissioners for handing out food during the pandemic. She also expressed concern for two employees who retired that were denied their sick and vacation time, specifically Donna Quinlan and Jennifer Costello. Clinton Combs, Washington Road, Delray Beach expressed his concern for the friction between the ropes and the sea oats in the dunes. Morris Carstarphen, 619 SW 7th Avenue, Delray Beach, expressed his thoughts on how the City should go about reopening. City Clerk Johnson stated there were no further comments from the public. 7. CONSENT AGENDA: City Manager Recommends Approval approved as amended Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 7.A.20-264 CITY COMMISSION MEETING MINUTES Recommendation:Motion to approve meeting minutes as listed below: March 3, 2020 Regular City Commission Meeting Minutes March 13, 2020 Emergency City Commission Special Meeting-COVID 19 Minutes March 31, 2020 Election Results Special Meeting Minutes March 31, 2020 Annual Organizational/Regular City Commission Meeting Minutes Sponsors:City Clerk Department Page 3City of Delray Beach Printed on 6/14/2020 May 5, 2020City Commission Minutes - Final Agenda Cover Report March 3, 2020 Regular City Commission Minutes_DRAFT March 13, 2020 Emergency COVID-19 Special City Commission Meeting Minutes_DRAFT March 31, 2020 Election Results Special Meeting Minutes_DRAFT March 31, 2020 Annual Organizational-Regular City Commission Meeting Minutes Attachments: approved 7.B.20-243 REQUEST FOR SUBORDINATION OF SECOND MORTGAGE FOR 49 NW 13th AVENUE Recommendation:Motion to Approve a request for the City to subordinate its second mortgage position in the amount of $23,100 for the property located at 49 NW 13th Avenue. Sponsors:Community Improvement Agenda Cover Report Legal Review Subordination Agreement Jackson Edmond Subordination Agreement for Refinance -Edmond G. DRAFT G. Edmond Interest Loan Term Analysis Attachments: approved 7.C.20-220 ACCEPTANCE OF A TOTAL OF 623 SQUARE FOOT EASEMENT DEED FOR PEDESTRIAN CLEAR ZONE LOCATED AT A PORTION OF LOTS 15, 16, 17, BLOCK 117 MAP OF THE TOWN OF LINTON, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM PR-RE I, LLC, "THE GRANTOR", FOR THE SUBJECT PROPERTY LOCATED AT 640 E. ATLANTIC AVENUE (PROJECT APPROVED AS "HAWKERS ASIAN STREET FARE) Recommendation:Acceptance of a Easement Deed for Pedestrian Clear Zone for Hawkers Asian Street Fare located at 640 E. Atlantic Avenue. Sponsors:Development Services Department Agenda Cover Report Easement Deed for Pedestrian Clear Zone - 640 E. Atlantic Avenue Simple Legal Review PSE PR RE I LLC Attachments: approved 7.D.20-245 ACCEPTANCE OF A TOTAL OF A 74 SQUARE FOOT EASEMENT DEED FOR A PEDESTRIAN CLEAR ZONE, 116 SQUARE FOOT RIGHT OF WAY DEDICATION TO THE ALLEY AND A LANDSCAPE MAINTENANCE AGREEMENT FOR THE TREES LOCATED ON SE 2ND AVENUE OF THE PROPERTY LOCATED AT LOT 14, BLOCK 78, MAP Page 4City of Delray Beach Printed on 6/14/2020 May 5, 2020City Commission Minutes - Final OF THE TOWN OF LINTON (KNOWN AS DELRAY BEACH), ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FROM BROSEN 1 DELRAY LLC "THE GRANTOR" FOR THE SUBJECT PROPERTY LOCATED AT 166 SE 2ND AVE. Recommendation:Acceptance of an Easement Deed for a Pedestrian Clear Zone, Right-of-Way Dedication, and Landscape Maintenance Agreement for 166 SE 2nd Avenue. Sponsors:Development Services Department Agenda Cover Report Landscape Maintenance Agreement Legal Review Landscape Maintenance Agreement Brosen 1 Delray Pedestrian Clear Zone Easement Deed Legal Review Pedestrian Clear Zone Easment Brosen 1 Delray Right of Way Deed Legal Review Right of Way Deed Bronsen I Delray ROW Attachments: approved 7.E.20-263 APPROVAL TO ACCEPT THE FY 2018 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) # EMW-2018-FH-00601 IN THE AMOUNT OF $1,639,040.80 IN FEDERAL FUNDING FROM THE DEPARTMENT OF HOMELAND SECURITY. Recommendation:Staff recommends the approval to accept grant funding from the FY 2018 Staffing for Adequate Fire and Emergency Response. Sponsors:Fire Rescue Department Agenda Cover Report EMW-2018-FH-00601 - Award Package (3) - Revised 11-8-19 Simple Legal Review Approval -SAFER approval Attachments: Mayor Petrolia expressed concern about the $1.6M funding from the Department of Homeland Security for (8) eight fire and emergency response employees that were hired without the Commission’s approval. City Manager Gretsas stated that this happened before he was hired and that it was unfortunate, and he felt the Mayor’s concerns were real. He also shared that the funding was in place and the hiring process has already started; however, it was never brought to the Commission and to undo it now would be very damaging. Chief Tommy explained that this grant was applied for on March 22, 2019 and they became aware of the award on September 18, 2019 and it was accepted on October 9, 2019. It is a three-year grant with 75/25% matching Page 5City of Delray Beach Printed on 6/14/2020 May 5, 2020City Commission Minutes - Final funds and the fire fighters that were hired on March 2, 2020 are still on probation. Deputy Vice Mayor Johnson stated that she hopes the City would be able to retain the fire fighters, especially during this time of a pandemic. Vice Mayor Boylston made a motion to approve; however, Mayor Petrolia recognized Commissioner Casale had her hand up to speak. Attorney Gelin explained that a second to the motion needed to be made and then there could be a discussion. Commissioner Frankel seconded the motion for discussion. Commissioner Casale expressed her concern that these employees were hired without going through going through the proper procedures and felt they must not have been personnel that was needed or the salaries would have been put in the budget. She also stated that some of the City’s programs are currently under-staffed and this expense could be utilized for those programs instead. Commissioner Casale also reported her concerns about the City of Delray Beach’s Fire Department budget being much higher than neighboring municipalities, such as Boynton Beach, which has a larger population than Delray Beach. Vice Mayor Boylston declared that the City of Delray Beach’s Fire Department has the top accreditation that Fire Rescue can achieve and is better staffed when called out in comparison to other neighboring municipalities. Delray Beach is spending more because of the quality of service that is being provided to its residents in comparison to other municipalities. Vice Mayor Boylston agreed with Mr. Gretsas that this was not a time to lay anyone off, especially safety personnel. Chief Tommy gave an explanation on the breakdown of the staff and the funding that was established three years ago. Deputy Vice Mayor Johnson stated paying the fire fighters well would increase the likelihood of keeping them employed with the City of Delray Beach. She also expressed her personal experience with riding in the “wagon” and how important she felt it was to have three paramedics there to ensure her wellbeing. approved Yes:Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, and Vice-Mayor Boylston 3 - Page 6City of Delray Beach Printed on 6/14/2020 May 5, 2020City Commission Minutes - Final No:Mayor Petrolia, and Commissioner Casale2 - 7.F.20-297 APPROVAL TO SUBMIT APPLICATION FOR FLORIDA DEPARTMENT OF LAW ENFORCEMENT FY 2019 FIBRS IMPLEMENTATION ASSISTANCE PROGRAM Recommendation:Motion to approve application for Florida Department of Law Enforcement FY 2019 FIBRS Implementation Assistance Program Sponsors:Police Department Agenda Cover Report FDLE CJIS FIBRS Grant Solicitation FDLE Risk Assessment Central Square cost estimates for FL UCR to FIBRS transition Central Square 4-14-2020 Delray Beach PD FIBRS PM - FIBRS LINX PROJECT PROPOSAL Legal Review Form_FDLE FIBRS Grant Attachments: approved 7.G.20-213 APPROVAL TO SUBMIT APPLICATION UNDER THE FY 2020 LAW ENFORCEMENT MENTAL HEALTH AND WELLNESS ACT (LEMHWA) PROGRAM Recommendation:Motion to approve application under the FY 2020 Law Enforcement Mental Health and Wellness Act (LEMHWA) Program Sponsors:Police Department Agenda Cover Report WS00429498-COPS_Sh_ApplicationAttachment_2_5-V2.5 WS00429498-SF424_2_1-V2.1 LEMHWA Legal Review Form_LEMHWA Program Grant Application Attachments: approved 7.H.20-256 ITEMS A1, B1,C1, D1,- ACCEPTANCE OF RIGHT OF WAY DEDICATIONS FOR 1021 NW 5TH AVE AND 166 SE 2ND AVE, AGREEMENT FOR SIDEWALK IMPROVEMENT AND REFUND RELEASE FOR 1031 WHITE DRIVE, STREETLIGHT MAINTENANCE AGREEMENT FOR 202 SE 5TH AVE, AND A HOLD HARMLESS AGREEMENT FOR 901 SE 4TH AVE. Recommendation:Consideration of the following items: RIGHT OF WAY DEED(S) Items A (A1) Motion to approve and accept a 25’ Radial Right of Way Page 7City of Delray Beach Printed on 6/14/2020 May 5, 2020City Commission Minutes - Final dedication by the owner(s) of 1021 NW 5th Ave. to the City of Delray Beach. AGREEMENT FOR SIDEWALK IMPROVEMENT, IN LIEU FEE RELEASE, AND REFUND TO BARRY AND ANN CHODASH Items B (B1) Motion to approve and accept an Agreement for sidewalk improvements and the refund of a Sidewalk in lieu fee of $3,024.00, to the owner(s) of 1031 White Drive to the City of Delray Beach. STREETLIGHT MAINTENANCE AGREEMENT Items C (C1) Motion to approve and accept a Streetlight Maintenance Agreement with owner(s), Samar 202 LLC, to install, operate and maintain streetlights bordering the property located at 202 SE 5TH Ave. within the rights-of-way of SE 5th Avenue, SE 2nd St. and SE 3rd St. HOLD HARMLESS AGREEMENT Items D (D1) Motion to approve and accept a Hold Harmless Agreement between the owner, Albert D. Thorp, Jr. and the City of Delray Beach, for the encroachment of an existing structure located at 901 SE 4th Ave into the City’s right-of-way. Sponsors:Public Works Department - Programs & Project Management Page 8City of Delray Beach Printed on 6/14/2020 May 5, 2020City Commission Minutes - Final Agenda Cover Report Item (1)1 Legal Review Forms Attached Item (A1a) ROW Deed - 1021 NW 5th Ave. Item (A1b) Exhibit A Sketch - 1021 NW 5th Ave. Item (B1a) 2020 Notarized Sidewalk Agreement Item (B1b) Sufficient to Proceed - City Att- 1031 White Dr. Item (B1c) Refund Account Number - 1031 White Dr. Item (B1d) Sidewalk Refund Doc Backup. - 1031 White Dr. Item (C1a) SE 5th Ave,2nd St, SE 3rd St. SMAgreement Item (C1b) Legal Review Form for StreetMaint.Agreement Item (C1c) Exhibit A Sketch StreetLight Maint. Agreement Item (D1a)Hold Harmless Agreement - 901 SE 4th Ave. Item (D1b) Simple Legal Review Approval- 901 SE 4th Ave. Item (D1c) Exhibit A Sketch - 901 SE 4th Ave. Attachments: approved 7.I.20-250 APPROVAL OF AMENDMENT NO. 1 WITH ALEXIS KNIGHT ARCHITECT, INC. RENEWING THE CITY’S AGREEMENT FOR ARCHITECTURAL COMPLIANCE REVIEW SERVICES (RFQ 2017-054) - $48,000 Recommendation:Motion to Approve Amendment No. 1 with Alexis Knight Architect, Inc. to renew the Agreement under the same terms and conditions in the amount of $48,000. Sponsors:Development Services Department and Purchasing Department Agenda Cover Report Legal Review Checklist Alexis Knight 2017-054- AS Amendment Renewal - Executed Attachments: approved 7.J. PROCLAMATIONS: 7.J.1. None 7.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 7.K.1.20-253 REPORT OF APPEALABLE LAND USE ITEMS FROM FEBRUARY 17, THROUGH MAY 1, 2020. Recommendation:By motion, receive and file this report. Sponsors:Development Services Department Page 9City of Delray Beach Printed on 6/14/2020 May 5, 2020City Commission Minutes - Final Agenda Cover Report Appealable Items Map A - Appealable Report: PHG Delray; 200 NE 5th Avenue B - Appealable Report: 150 Marine Way C - Appealable Report: 1300 NW 17th Avenue D - Appealable Report: 453 Canal PT S 1420 E - Appealable Report: Taquiza:166 SE 2nd Avenue Attachments: Commissioner Frankel made a motion to approve Item 7.K.1.(B) separately. It was seconded by Deputy Vice Mayor Johnson. A roll call vote was taken, and the motion carried 4-0. Vice Mayor Boylston recused himself. Mayor Petrolia asked for Item 7.K.1.(E) 166 SE 2nd Avenue to be taken off and be put on the next meeting. Vice Mayor Boylston clarified that this is a motion to approve the request for appeal until the next meeting. Vice Mayor Boylston made a motion to approve the request for an appeal until the next meeting for Item 7.K.1.(E). It was seconded by Commissioner Frankel. A roll call vote was taken, and all were in favor. The motion carried 5-0. Meeting went into a short recess at 5:33 p.m. to allow City Attorney Gelin to log back into the WebEx meeting. Meeting reconvened at 5:34 p.m. approved 7.L. AWARD OF BIDS AND CONTRACTS: 7.L.1.20-278 APPROVAL OF RESOLUTION NO. 12-20 A BID WAIVER TO AWARD AN AGREEMENT AND RETROACTIVE APPROVAL OF INVOICE # 11154 IN THE AMOUNT OF $26,458 WITH GOVERNMENTJOBS.COM, INC. DBA NEOGOV FOR THE ONLINE RECRUITMENT AND PERFORMANCE MANAGEMENT SERVICES FOR THE HUMAN RESOURCES DEPARTMENT. Recommendation:Motion to approve Resolution No. 12-20 a Bid Waiver to award an Agreement and retroactive approval of invoice #11154 in the amount of $26,458 with Government jobs.com dba NeoGov for Online Recruitment Page 10City of Delray Beach Printed on 6/14/2020 May 5, 2020City Commission Minutes - Final and Performance Management Services for the Human Resources Department for the agreement term and authorize the City Manager to exercise renewal options, in the amounts below, contingent upon appropriation of funds. Sponsors:Human Resources Department and Purchasing Department Agenda Cover Report Legal Review Checklist NeoGov 2020 Resolution 12-20 NEOGOV Agreement NeoGov Vendor Executed Agreement NeoGOV- Memo Bid Waiver Acquisition LF Attachments: approved 7.L.2.20-290 APPROVAL OF RESOLUTION NO. 62-20 TO AWARD AN AGREEMENT WITH CANON SOLUTIONS AMERICA, INC. FOR REPLACEMENT, MAINTENANCE, AND REPAIRS OF MULTIFUNCTION DEVICES; UTILIZING COUNTY OF DUPAGE, IL / OMNIA PARTNERS COOPERATIVE CONTRACT NO. 18-020-LG - $130,000 Recommendation:Motion to Approve Resolution No. 62-20 to award an Agreement with Canon Solutions America, Inc., in the estimated amount of $130,000 through September 30, 2020, utilizing the County of DuPage, IL / Omnia Partners Cooperative Contract No. 18-020-LG, and authorize the City Manager to exercise a one-year renewal option, in the amount below, contingent upon appropriation of funds. Sponsors:IT Department and Purchasing Department Agenda Cover Report Legal Review Checklist Canon updated Res. 62-20 Canon Omnia Piggyback rev. Delray Beach City of Master Contractor Services Agreement CSA signed (04.06.20) Executive Summary_Canon Attachments: approved 7.L.3.20-262 APPROVAL OF RESOLUTION NO. 69-20 TO AWARD AN AGREEMENT WITH AKTIV CONSTRUCTION, INC. FOR DELRAY BEACH MEMORIAL GARDENS FENCE - $179,739 Recommendation:Motion to Approve Resolution No. 69-20 to award an Agreement with Aktiv Construction, Inc. for Delray Beach Memorial Gardens Fence pursuant to ITB no. 2020-014 in the amount of $179,739. Sponsors:Community Improvement and Purchasing Department Page 11City of Delray Beach Printed on 6/14/2020 May 5, 2020City Commission Minutes - Final Agenda Cover Report Legal Review Aktiv Resolution No. 69- 20 2020-014- Agreement with Aktiv Construction for Fence Installation Exhibit B - Style B 24Ft Attachments: approved 7.L.4.20-270 APPROVAL OF RESOLUTION NO. 59-20 TO AWARD AN AGREEMENT WITH WYNN & SONS ENVIRONMENTAL CONSTRUCTION CO., INC. TO PURCHASE CONSTRUCTION SERVICES RELATED TO ANNUAL PATHWAYS AND MINOR CONSTRUCTION UTILIZING THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS SOLICITATION NO. 2017055- $750,000 Recommendation: Motion to Approve Resolution No. 59-20 to award an Agreement with Wynn & Sons Environmental Construction Co., Inc. utilizing the Palm Beach County Board of County Commissioners Solicitation No. 2017055 to purchase construction services related to annual pathways and minor construction in the estimated amount of $750,000 through January 22, 2021, and authorize the City Manager to approve renewal options, in the amounts below, contingent upon appropriation of funds. Sponsors:Public Works Department and Purchasing Department Agenda Cover Report Executed Agrmt - Wynn & Sons Res 59-20 Wynn Sons Legal Review Checklist Wynn & Sons Attachments: approved 8. REGULAR AGENDA: 8.A.20-295 DISCUSSION AND DIRECTION REGARDING THE HANDLING OF REQUESTS RECEIVED FOR EXCUSAL OF PAYMENTS BASED ON INVOCATION OF FORCE MAJEURE CONTRACTUAL PROVISIONS Recommendation:Staff seeks direction regarding the handling of requests received for excusal of payments based on invocation of force majeure contractual provisions. Sponsors:Finance Department Page 12City of Delray Beach Printed on 6/14/2020 May 5, 2020City Commission Minutes - Final Agenda Cover Report Delray IntraCoastal Cruises Executed Agreement 2018-031 Delray Intracoastal Cruises Relief Request Letter 3.24.20 RFP 2018-031 - Delray IntraCoastal Cruises Creative City Collaborative - Arts Garage Agreement Arts Garage Relief Request 3.31.20 Taverna Opa Parking License Agreement 10.29.19 Taverna Opa Atlantic LLC Amendment No. 1 to the Parking License Agreement Taverna Opa Relief Request Letter 3.6.20 Cut 432 Parking License Agreement 10.29.19 Cut 432 LLC Amendment No. 1 to the Parking License Agreement Cut 432 Relief Request Letter 4.15.20 Attachments: Finance Director Kalka gave a presentation on the requests that have been received from the vendors that pay the City for rent. City Attorney Gelin explained that the Force Majeure provision is a request for an excusal to pay rent due to not being able to perform due to the pandemic. Her recommendation is that the term be through the duration of the state of emergency until it is lifted. Vice Mayor Boylston made a motion to approve. It was seconded by Deputy Vice Mayor Johnson. Attorney Gelin stated to change the verbiage of the motion to include the terms of when the provision will end. Vice Mayor Boylston re-stated his motion to include the terms of the provision. approved Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 8.B.20-298 RATIFICATION OF EMERGENCY REGULATIONS RELATED TO COVID-19 ACTIVATED UNDER CHAPTER 95 OF THE DELRAY BEACH CODE OF ORDINANCES Recommendation:Motion to Ratify 3rd , 4th and 5th Extensions of State of Emergency, 1st Extension of Emergency Declaration dated March 28, 2020, Emergency Declaration dated April 9, 2020, Resolution 79-20. Sponsors:City Attorney Department Page 13City of Delray Beach Printed on 6/14/2020 May 5, 2020City Commission Minutes - Final Agenda Cover Report 3rd Emergency Declaration Extention - COVID-19 4th Emergency Declaration Extention - COVID-19 5th Emergency Declaration Extention - COVID-19 6th Emergency Declaration Extention - COVID-19 1st Ext. Emergency Declaration COVID-19 (Stay at Home Order) Emergency Declaration COVID-19 (Use of Masks) Resolution No. 79-20 - COVID -19 Resolution No. 81-20 COVID-19 Attachments: approved Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 9. PUBLIC HEARINGS: 9.A. None 10. FIRST READINGS: 10.A. None 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager City Manager Gretsas gave a presentation on the COVID-19 Emergency Management System and how decisions are made by the State and Local Governments, as well as the different phases for re-opening the City. He also discussed the budget for the coming year. B. City Attorney None. C. City Commission Commissioner Frankel made the following statements: ·Thanked Mr. Gretsas and everyone who works for the City for the excellent service they are providing the residents. ·Informed the Commission that Palm Beach County Commissioners are meeting to discuss Phase One of reopening the cities and beaches. Vice Mayor Boylston made the following statements: Page 14City of Delray Beach Printed on 6/14/2020 May 5, 2020City Commission Minutes - Final ·Provided information about the concerns over wake zones. ·Feels local businesses need to be educated on what must be done to reopen and not take advantage of the reopening. ·Thanked City Manager Gretsas for putting together an education task force headed by Janet Meeks. The new name will be Government Affairs. ·Expressed appreciation about Sam Metott arranging for Waste Management to pick up the cardboard from the food drive that the City sponsored for recycling. Commissioner Juli Casale made the following statement: ·She was happy to be there and thanked City Manager Gretsas for his service to the City. Deputy Vice Mayor Johnson made the following statements: ·Welcomed Commissioner Casale. ·Thanked Vice Mayor Boylston. ·Thanked Ms. Gretta Britt (with United Believers) for arranging an inner-city COVID testing site. ·Appreciates the City’s dedicated employees for all their hard work and dedication. ·Commended everyone on conducting their first virtual meeting successfully. ·Thanked the Mayor and City Clerk. ·Stated that City Manager Gretsas should partner with Mr. James with UHGI to help the City of Delray Beach. ·Thanked Mr. Gretsas for his service. Mayor Petrolia made the following statements: ·She was not comfortable with the language in Mr. James proposal. Vice Mayor Boylston stated that he was not comfortable with it either. ·Has received letters and emails about reopening the City. ·Has received emails about people not wearing masks in restaurants. ·Inquired about CBG funds to help small businesses and residents. ·Discussed the reopening of Atlantic Avenue businesses. ·Expressed her concerns about speeding on the intercoastal waterway and the Atlantic Avenue Bridge. ·Is thankful for all the City officials and the work they have been doing. ·Thanked the City’s residents for all their hard work helping each other. ·Thanked everyone for helping with the food drive for the City and surrounding communities. Page 15City of Delray Beach Printed on 6/14/2020 May 5, 2020City Commission Minutes - Final ·Thanked Mr. Gretsas for his support There being no further business to discuss, Mayor Petrolia adjourned the meeting at 6:44 p.m. Page 16City of Delray Beach Printed on 6/14/2020 ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the May 5, 2020 Special City Commission Meeting held on May 5, 2020, which Minutes were formally approved and adopted by the City Commission on May 19, 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.