Loading...
May 19, 2020 Regular Meeting Minutes Final w- signature pageTuesday, May 19, 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 Virtual Meeting 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 19, 2020City 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. 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. AGENDA APPROVAL City Attorney Gelin requested that item 8.B. (Ordinance 16-20) be pulled until June 2nd, 2020 meeting. City Manager Gretsas requested that item 6.H. be removed from the consent agenda. approved as amended Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 4. PRESENTATIONS: 4.A. None 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. B. From the Public Tenille DeCoste,4930 NW 5th Street, Delray Beach spoke about the grant from the previous meeting for the extra fire fighters. She expressed concern that there wasn’t transparency on this item regarding when the Page 1City of Delray Beach Printed on 6/14/2020 May 19, 2020City Commission Minutes - Final Commission was informed about this matter. She further explained that the Commission previously approved the grant application at the September 17th, 2019 Commission meeting and she wanted to set the record straight for the citizens of Delray Beach. Lee Freud, 11200 Jasmine Hill Circle, Boca Raton, stated that he felt Delray Beach should open the beach to avoid overcrowding at the Boca Raton Beach. David Rucker, 700 Boynton Beach Blvd, Boynton Beach, stated that he would like to have the chairs and umbrellas back on the beach. Would like to enjoy the beach on this long weekend and wanted to voice his concern. Inaudible name, 458 Greensboro Way, Boynton Beach, expressed his desire to see the beach open, including the beach chair service because it is outside and social distancing would be able to easily be maintained. Katerri Johnson, City Clerk read a phone message into the record from Makonnen Hudson, 531 SW 5th Avenue, Delray Beach, who expressed concern about a Homeland Security Department Grant for Covid-19 in the amount of $348,000 and is requesting how the funds would be used if awarded and inquired if there will be cleaning supplies for residents, cleaning crews to wipe down high traffic areas, and a reward for months of excellent social distancing. 6. CONSENT AGENDA: City Manager Recommends Approval approved the Consent Agenda Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 6.A.20-321 CITY COMMISSION MEETING MINUTES Recommendation:Motion to approve meeting minutes as listed below: May 5, 2020 Regular City Commission Meeting Minutes Sponsors:City Clerk Department Agenda Cover Report May 5, 2020 Regular City Commission Meeting Minutes_DRAFT Attachments: approved 6.B.20-302 AMENDED AND RESTATED LEASE BETWEEN PALM BEACH Page 2City of Delray Beach Printed on 6/14/2020 May 19, 2020City Commission Minutes - Final COUNTY AND THE CITY OF DELRAY BEACH FOR THE SANDOWAY HOUSE Recommendation:Motion to approve the amended and restated lease agreement between Palm Beach County and the City of Delray Beach for the Sandoway House property. Sponsors:City Manager Department Agenda Cover Report Lease. 4.28.2020 HF approved Consent to Sublease Agreement. hf app 2-6-2020 rev LR Legal Review Checklist form v. 6 Sandoway lease with county (1) Attachments: approved 6.C.20-293 SUBLEASE - SANDOWAY DISCOVERY CENTER Recommendation:Motion to approve Amended and Restate Sublease Agreement between the City of Delray Beach and the Friends of Sandoway House Nature Center, Inc. Sponsors:City Manager Department Agenda Cover Report ATTACHMENT A -Signed Sandoway House_Sublessee_Execution__29-04-2020 ATTACHMENT B - Legal Review Checklist form v. 6 Sandoway sublease (1) ATTACHMENT C -Lease. 4.28.2020 HF approved Attachments: approved 6.D.20-246 FINAL (MINOR) SUBDIVISION REPLAT OF A PORTION OF SECTION 4 AND 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED AT 2599 NORTH SWINTON AVENUE. Recommendation:Review and consider the Final (Minor) Plat for Lakeview Baptist Church, located at 2599 N. Swinton Avenue, by adopting that the request and approval thereof is consistent with the Land Development Regulations. Sponsors:Development Services Department Agenda Cover Report Lakeview Baptist Church Plat - Survey (2019-274) Lakeview Baptist Church Plat - Proposed Plat (2019-274) Attachments: approved 6.E.20-316 APPROVAL TO SUBMIT APPLICATION FOR STATE OF FLORIDA DIVISION OF HISTORICAL RESOURCES SMALL MATCHING GRANT (SMG) CYCLE. Recommendation:Motion to approve application for State of Florida Division of Historical Resources Small Matching Grant (SMG) Cycle. Page 3City of Delray Beach Printed on 6/14/2020 May 19, 2020City Commission Minutes - Final Sponsors:Development Services Department Agenda Cover Report 2020-05-07-Small Matching Grant Memo.docx Attachments: approved 6.F.20-275 APPROVAL OF RESOLUTION NO. 77-20, APPROVING HURRICANE DORIAN (FEMA - DR 4468 FL) FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENTS BETWEEN THE CITY OF DELRAY BEACH AND THE FLORIDA DEPARTMENT OF EMERGENCY MANAGEMENT AND APPROVAL TO DELEGATE AUTHORITY TO THE MAYOR TO APPROVE MODIFICATIONS TO ATTACHMENT A OF THE AGREEMENT IN ACCORDANCE WITH SECTION TO INCLUDE ADDITIONAL PROJECTS. Recommendation:It is recommended that City Commission adopt Resolution No. 77-20 approving the Form of the Federally-Funded Subaward and Grant Agreements with Florida Department of Emergency Management and authorize the Mayor to execute these agreements related to Hurricane Dorian on behalf of the City. Sponsors:Finance Department Agenda Cover Report Legal Review FEMA funds through FL Dept of Emergency Management Hurricane Dorian._ Dorian Contract - DR4468 City of Delray Beach Z1614 Res 77-20 FEMA Grant Attachments: approved 6.G.20-252 APPROVAL OF AMENDMENT NO. 1 TO THE CITYWORKS ASSET MANAGEMENT, INVENTORY, GIS INTEGRATION AND WORK MANAGEMENT SOLUTION AGREEMENT WITH BLACK & VEATCH CORPORATION FOR IMPLEMENTATION OF PHASES III AND IV Recommendation:Motion to Approve Amendment No. 1 to the Agreement with Black & Veatch Corporation to implement Phases III and IV of the Cityworks asset management, inventory, GIS integration and work management project, in the amount of $650,000, of which is $650,000 is budgeted in FY 2020, for a total cumulative contract amount of $1,177,334. Sponsors:IT Department Agenda Cover Report Executed Amend 1 Black & Veatch Exhibit A - Amendment No. 1 COI - Amend 1 Black & Veatch Legal Review Checklist Amend1 to General Consulting Agreement with Attachments: Page 4City of Delray Beach Printed on 6/14/2020 May 19, 2020City Commission Minutes - Final approved 6.H.20-317 APPROVAL OF AMENDMENT NO. 2 TO PROCURE ADDITIONAL CONSULTING SERVICES RELATED TO AN INFORMATION TECHNOLOGY AUDIT, ASSESSMENTS, RECOMMENDATIONS, AND DEVELOPMENT OF A STRATEGIC PLAN WITH TP SOUTHERN CHARM LIMITED LLC - $48,150 Recommendation:Motion to Approve Amendment No. 2 to the Agreement with TP Southern Charm Limited LLC for additional consulting services related to an information technology audit, assessments, recommendations, and development of a strategic plan, in the amount not to exceed $48,150, for a total estimated Agreement amount of $112,350. Sponsors:Purchasing Department Agenda Cover Report TP Southern Charm Limited, LLC Agreement TP Southern Charm Limited, LLC Amendment No. 1 to Agreement Signed - Amend 2 - TP Southern Charm Legal Review Checklist TP Southern Charm Amendment Attachments: withdrawn 6.I.20-268 ADDENDUM TO THE STATE PLAN OF OPERATIONS AGREEMENT BETWEEN THE STATE OF FLORIDA AND THE DELRAY BEACH POLICE DEPARTMENT, 2YTC89 Recommendation:Motion to Approve the Addendum to the State Plan of Operations Agreement between the State of Florida and the Delray Beach Police Department, 2YTC89. Sponsors:Police Department Agenda Cover Report Legal Review Checklist_LW Fully Executed Agreement 9-20-19 SPOaddendum_lw review_mayor Attachments: approved 6.J.20-300 APPROVAL TO SUBMIT APPLICATION FOR CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING (CESF) PROGRAM Recommendation:Motion to approve application for Coronavirus Emergency Supplemental Funding (CESF) Program. Sponsors:Police Department Page 5City of Delray Beach Printed on 6/14/2020 May 19, 2020City Commission Minutes - Final Agenda Cover Report CESF bja-2020-18553 Grant Solicitation and Instructions Legal Review Form_CESF Grant Attachments: approved 6.K.20-303 TRAFFIC ENFORCEMENT AGREEMENT BETWEEN THE DELRAY BEACH POLICE DEPARTMENT AND WOODLAKE HOMEOWNER'S ASSOCIATION, INC. Recommendation:Motion to Approve a Traffic Enforcement Agreement between the City of Delray Beach and Woodlake Homeowner's Association, Inc. Sponsors:Police Department Agenda Cover Report Partially Executed Traffic Enforcement Agreement-2020 Legal Review Checklist_Woodlake HOA Exhibit A - Certificate of Insurance Attachments: approved 6.L.20-167 RESOLUTION 57-20: REQUESTING TO APPROVE TWO LED AGREEMENTS WITH FLORIDA POWER AND LIGHT, ONE TO INSTALL NEW LED STREET LIGHTS AND ANOTHER TO CONVERT EXISTING COBRA HEAD STREET LIGHTING TO LED FOR THE SW 4TH ST, SW 6TH ST, SW 7TH AVE, AND SW 3RD CT NEIGHBORHOOD IMPROVEMENTS PROJECT. (PROJECT NO. 17-108) Recommendation:Motion to Approve Resolution No.57-20 to approve two Agreements with Florida Power and Light (FPL), one to install new LED Street Lights and the other to convert existing Cobra Head lighting to LED for the SW 4th St., SW 6th St., SW 7th Ave. & SW 3rd Ct. Neighborhood Improvements Project. This project also includes replacing the existing wood poles for more resilient concrete poles. The lighting will be designed and installed by Florida Power and Light (FPL). FPL requires the City to pay a deposit prior to reviewing and designing the street lights. As such, the design and installation costs associated with the agreements proposed by this resolution was approved by the City Commission on November 5, 2019 with Resolution 191-19. Sponsors:Public Works Department - Programs & Project Management Page 6City of Delray Beach Printed on 6/14/2020 May 19, 2020City Commission Minutes - Final Agenda Cover Report Resolution No.57-20 Legal Review LED Lighting Agreement with FPL 4th St new lights Legal Review LED Lighting Agreement with FPL 4th St repair or replace lights Delray Beach 4th Street Conversions LT1 Street Light Agreement Delray Beach 4th Street Job Sketch Minus Alleys Delray Beach 4th Street New Lights LT1 Street Light Agreement Delray Beach SL 4th New Lights on Streets Generator Delray Beach SL 4th Street Conversions Selection Sheet Attachments: approved 6.M.20-282 RATIFICATION OF CHANGE ORDER NO. 1 REVISED SCOPE WITH SHIFF CONSTRUCTION AND DEVELOPMENT, INC. REGARDING THE EXPANSION OF THE DELRAY BEACH MEMORIAL GARDENS PROJECT IN THE AMOUNT NOT-TO-EXCEED $87,152 Recommendation:Motion to Ratify Change Order No. 1 revised scope with Shiff Construction and Development, Inc. regarding the expansion of the Delray Beach Memorial Gardens Project (No.18-020), in the amount not-to-exceed $87,152. Sponsors:Public Works Department Agenda Cover Report Delray Beach Memorial Gardens Expansion Supplemental Proposal Res No. 124-19 Attachments: approved 6.N.20-294 INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE CITY OF BOYNTON BEACH FOR FUNDING THE SOUTHERN PORTION OF THE DESIGN & ENGINEERING SERVICES FOR GULFSTREAM BOULEVARD IN AN AMOUNT NOT TO EXCEED $250,000. Recommendation:Approve the Interlocal Agreement (ILA) between the City of Delray Beach and the City of Boynton Beach for funding the southern portion of the design and engineering services for Gulfstream Boulevard in an amount not to exceed $250.000 for Fiscal Year 2019-2020. Sponsors:Public Works Department Page 7City of Delray Beach Printed on 6/14/2020 May 19, 2020City Commission Minutes - Final Agenda Cover Report SW 36th Ave with City Limits shown Legal Review Checklist form v. 6 ILA with BB for Engineering Desgin of SE 36 Avenue R20-039 Delray Agr Engineering R20-039 Attachments: approved 6.O.20-330 APPROVAL TO APPLY FOR THE FY 2020 ASSISTANCE TO FIREFIGHTERS GRANT-COVID-19 SUPPLEMENTAL (AFG-S) 348,712 IN THE AMOUNT OF $348,712.00 FROM THE DEPARTMENT OF HOMELAND SECURITY FOR THE FIRE RESCUE DEPARTMENT. Recommendation:Staff recommends approval to apply for grant funding from the FY 2020 Assistance to Firefighters Grant -COVID-19 Supplemental. Sponsors:Fire Rescue Department Agenda Cover Report FY20_AFG_S_NOFO_final.jv_508ABjv Simple Legal Review Approval - COVID grant Attachments: approved 6.P. PROCLAMATIONS: 6.P.1.20-308 NATIONAL SAFE BOATING WEEK PROCLAMATION Recommendation:Motion to declare May 16 - 22, 2020 as National Safe Boating Week. Sponsors:City Clerk Department Agenda Cover Report National Safe Boating Week Proclamation Attachments: approved 6.Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.Q.1. None 6.R. AWARD OF BIDS AND CONTRACTS: 6.R.1.20-184 APPROVAL OF RESOLUTION NO. 06-20 TO AWARD AN AGREEMENT WITH GOLDSTAR GRAPHICS, INC. DBA MINUTEMAN PRESS DELRAY BEACH FOR PRINTING SERVICES PURSUANT TO SOLICITATION NO. ITB 2020-010 Recommendation:Motion to Approve Resolution No. 06-20 to award an Agreement with Goldstar Graphics, Inc. dba Minuteman Press Delray Beach for Solicitation No. ITB 2020-10 Printing Services in the amount of $24,000 for the initial Page 8City of Delray Beach Printed on 6/14/2020 May 19, 2020City Commission Minutes - Final term, of which $24,000 is budgeted in FY 2020, and authorize the City Manager to approve renewal options, in the same amounts, contingent on appropriation of funds. Sponsors:Purchasing Department Agenda Cover Report Resolution No. 06-20 Award of Agreement (003) Legal Review Checklist printing- Goldstar Graphics Goldstar Graphics, Inc Agreement Attachments: approved 6.R.2.20-228 APPROVAL OF RESOLUTION NO. 60-20 TO APPROVE AN AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING DESIGN SERVICES FOR TROPIC ISLES ROADWAY UNDERGROUND UTILITY IMPROVEMENTS PURSUANT TO RFQ NO. 2019-040 (PROJECT NO. 19-015) Recommendation:Motion to Approve Resolution No. 60-20 to award an Agreement with Kimley-Horn and Associates, Inc. for Professional Engineering Design Services for the Tropic Isles Roadway Underground Utility Improvements project pursuant to RFQ No. 2019-040 (Project No. 19-015) - $274,977 Sponsors:Public Works Department and Purchasing Department Agenda Cover Report Signed Agrmt - Kimley-Horn - Tropic Isles Exhibit A - Scope of Services (final) Exhibit B - Fee Estimate (final) Resolution No. 60-20 Design Tropic Isles KHA rev. Legal Review Checklist form Kimley-Horn Kimley-Horn_Submittal_for_Tropic_Isle_Roadway_Underground_Utility _Improvements 2019-040 Scoring Summary after Technical Evals & Interviews Combo Final Attachments: approved 6.R.3.20-235 APPROVAL OF RESOLUTION NO. 66-20 TO AWARD AN AGREEMENT WITH SUNSHINE CLEANING SYSTEMS, INC. FOR JANITORIAL SERVICES CITYWIDE (RFP 2019-003) Recommendation:Motion to approve Resolution No. 66-20 to award an Agreement with Sunshine Cleaning Systems, Inc. for Janitorial Services Citywide (RFP 2019-003) in the estimated amount of $1,382,551 for the Agreement term, of which $280,165 is budgeted for FY 2020, and authorize the City Manager to exercise renewal options in the amounts below, contingent upon appropriation of funds. Page 9City of Delray Beach Printed on 6/14/2020 May 19, 2020City Commission Minutes - Final Sponsors:Public Works Department and Purchasing Department Agenda Cover Report Legal Review Checklist Sunshine Cleaning Resolution No. 66-20 Sunshine Cleaning Systems, Inc Agreement Revised Attachments: approved 6.R.4.20-281 APPROVAL OF RESOLUTION NO. 67-20 TO AWARD AN AGREEMENT WITH E.J. WARD, INC. UTILIZING THE SOURCEWELL CONTRACT #022217-EJW FOR THE PURCHASE OF A NEW FUEL MANAGEMENT SYSTEM, NEW TERMINALS AND RELATED SOFTWARE Recommendation:Motion to approve Resolution No. 67-20 to award an agreement with E.J. Ward, Inc. to purchase a new Fuel Management System in the amount of $45,856, which is budgeted for FY 2020, utilizing the Sourcewell Contract #022217-EJW, 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 Ward Sourcewell Contract Docs (3) EJ Ward Updated Quote Ward End of Life Notice (2) EJ Ward Resolution Legal Review Checklist EJ Ward EJ Ward Agreement Vendor Executed Attachments: approved 7. REGULAR AGENDA: City Attorney read the Quasi-Judicial Rules into the record. 7.A.20-226 RESOLUTION NO. 64-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA GRANTING A WAIVER REQUEST TO LAND DEVELOPMENT REGULATIONS SECTION 4.4.13(D)(2)(a)(2) AND TABLE 4.4.13(C) WHICH REQUIRE A MINIMUM REAR SETBACK OF 10 FEET IN THE RAILROAD CORRIDOR SUB-DISTRICT OF THE CENTRAL BUSINESS DISTRICT, WHEREAS A REAR SETBACK OF FOUR FEET SEVEN INCHES IS PROPOSED FOR 290 SE 2ND AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL HEARING) Recommendation:Review and consider Resolution No. 64-20 to allow a rear setback of 4 feet 7 inches in the Central Business District (Railroad Corridor Sub-district) Page 10City of Delray Beach Printed on 6/14/2020 May 19, 2020City Commission Minutes - Final where a minimum rear setback of 10 feet is required. Sponsors:Development Services Department Agenda Cover Report Res. No. 64-20 290 SE 2nd Avenue Staff Report - Waiver_290 SE 2nd Ave Justification Letter 290 SE 2nd Ave Site Plan 290 SE 2nd Ave Survey 290 SE 2nd Ave Elevations Elevations Legal Review Reso 64-20 Waiver Request for 290 SE 2nd Ave Attachments: Mayor Petrolia asked the Commission to disclose all ex-parte communications. There were none. Anthea Gianniotes, Development Services Director, read file number 2019-220 into the record. The applicant gave a presentation for the project on SE 2nd Avenue. Anthea Gianniotes, Development Services Director, gave a further detailed presentation on this SE 2nd Avenue project. Meeting went into recess to allow for public to call in and comment on this item. Meeting reconvened. There was no public comment submitted for this item. approved Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 7.B.20-315 RATIFICATION OF EMERGENCY REGULATIONS RELATED TO COVID-19 ACTIVATED UNDER CHAPTER 95 OF THE DELRAY BEACH CODE OF ORDINANCES Recommendation:Motion to Ratify 7th and 8th Extensions of State of Emergency, 2nd Extension of Emergency Declaration dated March 28, 2020, 1st Extension of Emergency Declaration dated April 9, 2020, Resolution 85-20. Sponsors:City Attorney Department Page 11City of Delray Beach Printed on 6/14/2020 May 19, 2020City Commission Minutes - Final Agenda Cover Report 7th Emergency Declaration Extension - COVID-19 8th Emergency Declaration Extension - COVID-19 Secondextensionofstateofem 3-28-2020 - Stay at home order 1st Ext. of Emergency Declaration (Use of Mask) thru May 9 2020 Resolution 85-20 COVID -19 Attachments: City Attorney Gelin stated that this item is a continuation of City Manager Gretsas resolutions that he has authored during the State of Emergency for Covid-19. approved Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 7.C.20-242 CITY COMMISSION MEETING DATES 2020 Recommendation:Motion to approve City Commission Meeting Dates 2020. Sponsors:City Clerk Department Agenda Cover Report Calendar Dates 2020 April 2020 – March 2021 Calendar Attachments: approved Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 7.D.20-318 AMENDMENTS TO LOCAL RULES AND QUASI-JUDICIAL RULES Recommendation:Provide direction to the City Attorney concerning changes to the Rules of Procedure and the Quasi-Judicial Rules. Sponsors:City Clerk Department Agenda Cover Report Rules of Procedures 2019 Quasi-Judicial Rules_ 2019 Attachments: City Attorney Gelin stated that there were no changes made to the Quasi-Judicial Rules. approved Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 7.E.20-240 APPROVED PROCLAMATION LIST 2020 Page 12City of Delray Beach Printed on 6/14/2020 May 19, 2020City Commission Minutes - Final Recommendation:Motion to approve Proclamation List 2020. Sponsors:City Clerk Department Agenda Cover Report Proclamation Guidelines rev 03-26-20 Proclamation List revised 2020 Attachments: approved Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 8. PUBLIC HEARINGS: City Attorney Gelin read Ordinance 07-20 into the record. 8.A.20-301 ORDINANCE NO. 07-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES, BY AMENDING CHAPTER 4, “ZONING REGULATIONS”, ARTICLE 4.4, “BASE ZONING DISTRICT”, SECTION 4.4.13, “CENTRAL BUSINESS (CBD) DISTRICT”, BY AMENDING SUBSECTION 4.4.13(B), “REGULATING PLANS”; AMENDING FIGURE 4.4.13-6, “WEST ATLANTIC NEIGHBORHOOD SUB-DISTRICT REGULATING PLAN”; AMENDING SUBSECTION (C), “ALLOWABLE USES”; AMENDING SUBSECTION (D), “CONFIGURATION OF BUILDINGS”; AMENDING TABLE 4.4.13(B), “BUILDING HEIGHT”; AMENDING TABLE 4.4.13(C), “DIMENSIONAL REQUIREMENTS BY CBD SUB-DISTRICT”; TO LIMIT THE HEIGHT OF PROPERTIES REZONED TO CENTRAL BUSINESS DISTRICT (CBD) FROM SINGLE-FAMILY RESIDENTIAL (R-1-A) WITHIN THE WEST ATLANTIC NEIGHBORHOOD SUB-DISTRICT PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (SECOND READING) Recommendation:Review and consider Ordinance No. 07-20 on Second Reading, amendments to the Land Development Regulations Section 4.4.13, Central Business District (CBD), to establish a Limited Height Area and require lower height for properties that are rezoned to Central Business District (CBD) from Single-family Residential (R-1-A) within the West Atlantic Neighborhood Sub-district. Sponsors:Development Services Department Agenda Cover Report Ord No 07-20 WAN Limited Height Area Ord No 07-20 PZB Staff Report Legal Review Ord No. 07-20.docx Attachments: Page 13City of Delray Beach Printed on 6/14/2020 May 19, 2020City Commission Minutes - Final Anthea Gianniotes, Director of Development Services gave a presentation to review and consider Ordinance 07-20 on second reading. Meeting went into recess to allow for public to call in and comment on this item. Meeting reconvened. Katerri Johnson, City Clerk, played one public comment from Christina Morrison, 2809 Florida Blvd, Tropic Isle, Delray Beach, expressed concern that the language for this item reflect street closures as recommended upon by the DDA and Pineapple Grove Arts District. Vice Mayor Boylston made a motion to approve item 8.A, Commissioner Frankel made a motion for discussion. Commissioner Frankel asked Ms. Gianniotes for clarification on Ms. Morrison’s concerns. Anthea Gianniotes, Development Services Director, stated that it will be discussed further in item 9.A. Mayor Petrolia asked for a roll call but then realized that Deputy Vice Mayor Johnson had her hand up to speak. Deputy Vice Mayor Johnson expressed concern on the height of the building being limited to three stories and that she would like to see it be four stories. Anthea Gianniotes, Development Services Director, addressed Deputy Vice Mayor Johnson's concern. approved Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 8.B.20-292 ORDINANCE NO. 16-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY AMENDING CHAPTER 57. RIGHT-OF-WAY APPLICATION PROCESS FOR COMMUNICATIONS FACILITIES BY AMENDING SUB-SECTION Q OF SECTION 57.05; UPDATING SECTION 57.02 DEFINITIONS; AMENDING SECTION 57.12 CONSTRUCTION BOND; REPEALING SECTION 57.13 SECURITY FUND; AND AMENDING THE CODE OF ORDINANCES BY ADOPTING AN Page 14City of Delray Beach Printed on 6/14/2020 May 19, 2020City Commission Minutes - Final ENTIRELY NEW CHAPTER 58. TO BE ENTITLED “RIGHT-OF-WAY APPLICATION PROCESS FOR SMALL WIRELESS FACILITIES” TO IMPLEMENT REGULATIONS SET FORTH IN THE “ADVANCED WIRELESS INFRASTRUCTURE DEPLOYMENT ACT”, CODIFIED AT SECTION 337.401(7), FLORIDA STATUTES; PROVIDING FOR A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING) Recommendation:Review and consider Ordinance No. 16-20 on Second Reading. Sponsors:Development Services Department Agenda Cover Report Ord 16-20(1) Legal Review Ord 16-20 Small Cell Towers Attachments: withdrawn 9. FIRST READINGS: 9.A.20-291 ORDINANCE NO. 10-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES, BY AMENDING SECTION 4.3.4, BASE DISTRICT DEVELOPMENT STANDARDS, SUBSECTION 4.3.4(H)(4) SETBACKS; SECTION 4.4.13, CENTRAL BUSINESS DISTRICT, SUBSECTION 4.4.13(D), CONFIGURATION OF BUILDINGS, AND SECTION 4.6.9, OFF-STREET PARKING REGULATIONS, AND SUBSECTION 4.6.9(D)(1) DESIGN STANDARDS, TO ESTABLISH REGULATIONS FOR SUBGRADE PARKING AND STORAGE; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) Recommendation:Review and consider Ordinance No. 10-20, a City-initiated amendment to Section 4.3.4 “Base District Development Standards”, Subsection 4.3.4(H) (4) “Setbacks”, Section 4.4.13 “Central Business District”, Subsection 4.4.13(D) “Configuration of buildings”, and Section 4.6.9 “Off-street parking regulations”, Subsection 4.6.9(D)(1) “Design standards,” of the Land Development Regulations to allow subgrade parking within the required site setbacks. Sponsors:Development Services Department Agenda Cover Report Ord. No. 10-20 PZB Staff Report (Ord No. 10-20) Legal Review - Ord. 10-20 Attachments: Page 15City of Delray Beach Printed on 6/14/2020 May 19, 2020City Commission Minutes - Final Anthea Gianniotes, Development Services Director, gave a presentation on Ordinance 10-20. She reminded the Commission about the comments from Ms. Morrison to address the street closure issue that were recommended by the DDA and Pineapple Grove Arts District. She suggested adding a caveat regarding the parking lot so that it does not negatively affect the businesses downtown. Vice Mayor Boylston stated that his concern is that there should never to be a project that would adversely affect the downtown. Deputy Vice Mayor Johnson expressed her safety concerns having cranes during this project. City Attorney Gelin stated that the verbiage in the contract could be reworded to address the issues and concerns that were discussed. approved on first reading Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager City Manager Gretsas made the following comments: ·Gave an update on the Covid-19 numbers in Palm Beach County. ·Stated that there are strict limitations regarding the beach. ·Stated that the City is in Full Phase One and is working hard to make sure the City is complying. ·Stated that the beach is accessible to handicapped/disabled people. ·Awaiting to hear the Governors updates regarding implementing Phase Two. ·Suggests canceling July 4th venue due to crowding, even if the City is at Phase Three. ·Provided an update on the reclaimed water. Vice Mayor Boylston inquired if there were any creative discussions on how the City could celebrate the Fourth of July safely. Sam Metott, Director of Parks and Recreation, stated that he is open to alternative suggestions on how to celebrate the holiday during this time. Page 16City of Delray Beach Printed on 6/14/2020 May 19, 2020City Commission Minutes - Final Deputy Vice Mayor Johnson reminded Vice Mayor Boylston that St. Patrick’s Day was cancelled. Mayor Petrolia suggested that the fireworks display for the City of Delray Beach be cancelled, but she is open to a creative alternative to celebrating the holiday as a City. B. City Attorney ·Asked for direction on filling a CRA seat that will be expiring in June. It was not handled correctly in 2018 and was not properly placed on a rotation schedule. Mayor Petrolia and Vice Mayor Boylston stated that they would both be in favor of having the nominations return to going in numeric order, starting with Seat #1. Deputy Vice Mayor Johnson suggests that this return to the regular order and clarified that this is a 4-year term, not a 2-year term. City Attorney explained that this will be brought to the June 2nd, 2020 meeting for Commissioner Frankel’s nomination. ·Requested a motion for reconsideration of the acceptance of an easement deed, right-of-way deed and landscape maintenance agreement for Taquiza located at 166 SE 2nd Avenue that was approved on the consent portion of the May 5th agenda and asking it to be brought back to the next Commission meeting. Mayor Petrolia and Vice Mayor Boylston are both in favor of reconsidering these items. Vice Mayor Boylston made a motion to reconsider the acceptance of an easement deed, right-of-way deed and a landscape maintenance agreement for Taquiza, 166 SE 2nd Avenue. It was seconded by Deputy Vice Mayor Johnson. A roll call vote was taken, and all were in favor. The motion carried 5-0. ·Has updates on the City’s litigation matters and would like to know if the Commission would prefer to hear a synopsis now or place the item on the next Commission meeting. ·There was a consensus to place the litigation updates on the next agenda. C. City Commission Mayor Petrolia made the following statements: ·There are monies from the CDBG and it could help our small businesses that are not getting help from the Federal or State Government. ·The public discussion from Ms. DeCoste left earlier regarding the hiring of eight new firefighters was not accurate and there Page 17City of Delray Beach Printed on 6/14/2020 May 19, 2020City Commission Minutes - Final was actually a total of twelve new hires. Mayor Petrolia went on to say that she wanted to make sure to be transparent and that the City will be looking at the costs versus the need for these hires. ·Thanked Mr. Gretsas for all the information that he provided especially regarding the handicapped accommodations at the beach. ·Mayor Petrolia had to exit the meeting at this time. Commissioner Frankel made the following statements: ·Agreed that the Fourth of July celebration should be canceled. ·Gave thanks to the City staff for all of their diligent work during this time, especially Code Enforcement and the DDA. ·He has been contacted numerous times by the surfers and volleyball players to open the beach. ·Is happy to see that everyone is safe. Vice Mayor Boylston made the following statements: ·Thanked and congratulated all of the 2020 graduates. Deputy Vice Mayor Johnson made the following statements: ·Hoped that City Manager Gretsas would address the monies paid out to Mr. de Jesus. ·Is receiving many phone calls regarding many of the City issues and would like to see the City Auditor brought back to do her job. ·Suggested finding a different methodology for candidates in the upcoming March 2021 election to obtain votes so as to not come in contact with as many people. Commissioner Frankel stated that he agreed with Deputy Vice Mayor Johnson to bring Dr. Julia Davidyan back as the City Auditor as well as her suggestion to make campaigning for signatures safer for all. Mayor Petrolia suggested that City Attorney Gelin contact the Supervisor of Elections as to what is acceptable methods for campaigning for the 2021 election. Vice Mayor Boylston stated that he was in favor of Commissioner Johnson’s suggestions also. Commissioner Casale asked for clarification on what was being brought up by Deputy Vice Mayor Johnson. City Manager Gretsas stated this is not the time to bring someone in to go through records, etc. and that he was slightly offended as he would Page 18City of Delray Beach Printed on 6/14/2020 May 19, 2020City Commission Minutes - Final like to do the job that he was hired to do. Mayor Petrolia stated that there was a consensus to discuss the hiring of a City Auditor and suggested that City Manager Gretsas meet with the Commissioners individually regarding their concerns. City Attorney Gelin stated that there was nothing illegal that took place regarding the monies paid out to Mr. de Jesus. There being no further business to discuss, Mayor Petrolia adjourned the meeting at 5:52 p.m. Page 19City 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 19, 2020 Regular City Commission Meeting held on May 19, 2020, which Minutes were formally approved and adopted by the City Commission on June 2, 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.