July 21, Regular Meeting Minutes _ FINAL with Signaure PageTuesday, July 21, 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
July 21, 2020City Commission Minutes - Final
1. ROLL CALL
The Regular Commission Meeting was called to order at 4:09 p.m.
The roll call was performed by Katerri Johnson City Clerk and the
following were present:
Mayor Shelly Petrolia, Deputy Vice Mayor Shirley Ervin Johnson, Commissioner
Adam Frankel, Vice-Mayor Ryan Boylston, and Commissioner Juli Casale
Present:5 -
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. AGENDA APPROVAL
Others present:
Jennifer Alvarez, Interim City Manager
Lynn Gelin, City Attorney
Katerri Johnson, City Clerk
A motion was made by Commissioner Frankel to approve the agenda.
It was seconded by Commissioner Casale. A roll call vote was taken,
and the motion carried by the following vote:
Yes:5 - Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel,
Vice-Mayor Boylston, and Commissioner Casale
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
No Updates
B. From the Public
Carol Anderson, 4812 W. Bexley Park Drive #A, Delray Beach, expressed
concern regarding Item 7. F. Ms. Anderson urged the Commission to
approve the highest possible millage rate.
Aida Smith, 8113 Temple Stone Ct, Delray Beach, FL 33446, called to
express support of the KOP mentoring network and she believes that the
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July 21, 2020City Commission Minutes - Final
house at 101 NE 5th Street would be a safe place to engage children in
learning and growing through play.
Ingrid Kennemer of the Coastal Commercial Group, 760 SE 5th Avenue,
Delray Beach, requested the Commission to rescind code changes related
to Item 9.A. Waterway East. She expressed concern that this may take
away valuable opportunities and retail use.
Mark Perry, 88 NE 5th Avenue, called to express support of Ordinance No.
120-20, Item 9.A. Mr. Perry believes that Ordinance No. 120-20 will support
Waterway East’s continued existence and growth. He recommended the
Commission read the staff report before discussing and voting on the
decision.
Brenda Keelies, President of Waterway East Board of Directors, and
owner of Private Jewelers located at 900 E. Atlantic Avenue, #15, Delray
Beach, FL 33483. Ms. Keelies commented on Item 9.A. Ordinance No.
120-20. She stated that she opened Private Jewelers 13 years ago. She
believes that the Waterway East property cannot survive by being strictly
designated for retail.
Christina Morrison, Tropic Bay Area of Delray Beach, requested the
Commission to protect Waterway East by keeping its commercial use
intact while also expressing concerns about business vacancies during
COVID-19.
Sue Tauriello, 927 Bolender Drive, Delray Beach, requested that the
Commission vote yes to amend Ordinance No. 12-20 Item. 9.A.
City Clerk Katerri Johnson stated there were no more public comments.
6. CONSENT AGENDA: City Manager Recommends Approval
A motion was made by Commissioner Frankel to approve the
consent agenda. It was seconded by Vice Mayor Boylston. A roll call
vote was taken, and the motion carried with the following vote:
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel,
Vice-Mayor Boylston, and Commissioner Casale
5 -
6.A.CITY COMMISSION MEETING MINUTES
Body:Recommended Action:
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July 21, 2020City Commission Minutes - Final
Recommendation:Motion to approve meeting minutes as listed below:
June 9, 2020 City Commission Workshop Meeting Minutes
June 24, 2020 Special City Commission Meeting Minutes
Sponsors:City Clerk Department
Agenda Cover Report
June 9, 2020 City Commission Workshop Meeting Minutes_DRAFT
June 24, 2020 Special City Commission Meeting Minutes_DRAFT
Attachments:
6.B.RESOLUTION NO. 119-20: HISTORIC PROPERTY AD VALOREM TAX
EXEMPTION REQUEST FOR 701 NORTH SWINTON AVENUE
Body:Recommended Action:
Recommendation:Review and consider Resolution No. 119-20; approving a Historic Property
Ad Valorem Tax Exemption request for improvements to the contributing
structure and property located at 701 North Swinton Avenue.
Sponsors:Development Services Department
Agenda Cover Report
Resolution 119-20-701 N. Swinton Avenue
Ad Valorem Tax Exemption Application-701 N. Swinton
Ave-2020-07-21
Warranty Deed & Tax Bill - 701 N. Swinton Avenue-2020-07-21
Certificate of Occupancy-701 N. Swinton Avenue-2020-07-21
Site Plan Elevations-701 N. Swinton Ave-2020-07-21
Photographs-701 N. Swinton Ave-2020-06-21
City Approval Letter-701 N. Swinton Ave-2020-07-21
HPB Staff Report-701 N. Swinton Avenue-2020-06-17
Simple Legal Review Approval 119-20
Attachments:
This Resolution was approved.
6.C.RESOLUTION NO. 120-20: HISTORIC PROPERTY AD VALOREM TAX
EXEMPTION REQUEST FOR 101 NE 5th STREET
Body:Recommended Action:
Recommendation:Review and consider Resolution No. 120-20; approving a Historic Property
Ad Valorem Tax Exemption request for improvements to the contributing
structure and property located at 101 NE 5th Street.
Sponsors:Development Services Department
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July 21, 2020City Commission Minutes - Final
Agenda Cover Report
Resolution 120-20-101 NE 5th Street (003)
Ad Valorem Tax Exemption Application-101 NE 5th Street-2020-07-21
Site Plan Elevations-101 NE 5th Street-2020-07-21
Photographs-101 NE 5th Street-2020-07-21
HPB Staff Report-101 NE 5th Street-2020-03-04
Certification Letter - 101 NE 5th St-2020-07-21
Simple Legal Review Approval 120-20
Attachments:
This Resolution was approved.
6.D.RESOLUTION NO. 121-20: HISTORIC PROPERTY AD VALOREM TAX
EXEMPTION REQUEST FOR 777 NORTH OCEAN BOULEVARD
Body:Recommended Action:
Recommendation:Review and consider Resolution No. 121-20, approving a Historic Property
Ad Valorem Tax Exemption request for improvements to the contributing
structure and property located at 777 North Ocean Boulevard.
Sponsors:Development Services Department
Agenda Cover Report
Resolution 121-20-777 North Ocean Boulevard
Ad Valorem Tax Exemption Application-777 N. Ocean
Blvd-2020-07-21
Photographs-777 N. Ocean Blvd-2020-07-21
Site Plan Elevations-777 N. Ocean Blvd-2020-07-21
HPB Staff Report-777 N Ocean Blvd-2020-07-01
City Approval Letter-777 N. Ocean Blvd-2020-07-21
Simple Legal Review Approval 121-20
Attachments:
This Resolution was approved.
6.E.RESOLUTION NO. 61-20 TO AWARD SERVICE AUTHORIZATION NO. 6
WITH APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. IN THE
AMONG NOT-TO-EXCEED $157,552 FOR COASTAL ENGINEERING
CONSULTING SERVICES INCLUDING PRELIMINARY FEDERAL
REAUTHORIZATION COORDINATION, ENGINEERING FOR THE 6TH
PERIODIC BEACH RENOURISHMENT PROJECT AND MONITORING
FOR THE CITY OF DELRAY BEACH'S NOURISHMENT PROGRAM
(PROJECT NO. 17-081).
Body:Recommended Action:
Recommendation:Approval of a Resolution No. 61-20 to award Service Authorization No.6
with Aptim Environmental & Infrastructure, Inc. in the amount not-to-exceed
$157,552 for Coastal Engineering Consulting Services including
preliminary federal reauthorization coordination, engineering for the 6th
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July 21, 2020City Commission Minutes - Final
periodic beach renourishment project and monitoring for the City of Delray
Beach’s Nourishment Program. (Project No. 17-081)
Sponsors:Public Works Department - Programs & Project Management
Agenda Cover Report
Res 61-20 Aptim SA#6
Legal Review Checklist Consulting Service Authorization with Aptim
Environmental & Infrastructure LLC
Aptim SA#6 Preliminary Federal Reauthorization, Engineering for 6th
Renourishment & Monitoring 3.2.20
Attachments:
This Resolution was approved.
6.F.APPROVAL OF AMENDMENT NO. 1 TO RENEW THE CITY’S
AGREEMENT WITH APTIM ENVIRONMENTAL AND
INFRASTRUCTURE, INC. FOR COASTAL ENGINEERING CONSULTING
SERVICES (RFQ NO. 2015-01) - $500,000
Body:Recommended Action:
Recommendation:Motion to Approve Amendment No. 1 to renew the Agreement with APTIM
Environmental and Infrastructure, Inc. for Coastal Engineering Consulting
Services in the amount of $500,000.
Sponsors:Public Works Department and Purchasing Department
Agenda Cover Report
Amendment 1 to Agreement Delray Beach SIGNED by
APTIM_061620
Legal Review Checklist Aptim
Attachments:
This Request was approved.
6.G.ITEMS A1, A2, A3, A4, A5, A6, A7, A8, A9, A10, A11, A12, A13, A14,
A15, A16, A17 - ACCEPTANCE OF (17) RIGHT OF WAY
DEDICATION(S) FOR CARVER SQUARE WORKFORCE HOUSING
Body:Recommended Action:
Recommendation:Consideration of the following items:
RIGHT OF WAY DEED(S)
Item A1
Motion to approve and accept a Right of Way Dedication by the owner of
700 SW 2nd Court (Lot 11).
Item A2
Motion to approve and accept a Right of Way Dedication by the owner of
701 SW 3rd Street (Lot 30).
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July 21, 2020City Commission Minutes - Final
Item A3
Motion to approve and accept a Right of Way Dedication by the owner of
702 SW 2nd Terrace (Lot 21).
Item A4
Motion to approve and accept a Right of Way Dedication by the owner of
703 SW 2nd Terrace (Lot 20).
Item A5
Motion to approve and accept a Right of Way Dedication by the owner of
704 SW 2nd Terrace (Lot 22).
Item A6
Motion to approve and accept a Right of Way Dedication by the owner of
705 SW 2nd Terrace (Lot 19).
Item A7
Motion to approve and accept a Right of Way Dedication by the owner of
708 SW 2nd Terrace (Lot 23).
Item A8
Motion to approve and accept a Right of Way Dedication by the owner of
709 SW 2nd Terrace (Lot 18).
Item A9
Motion to approve and accept a Right of Way Dedication by the owner of
712 SW 2nd Terrace (Lot 24).
Item A10
Motion to approve and accept a Right of Way Dedication by the owner of
713 SW 2nd Terrace (Lot 17).
Item A11
Motion to approve and accept a Right of Way Dedication by the owner of
716 SW 2nd Court (Lot 15).
Item A12
Motion to approve and accept a Right of Way Dedication by the owner of
716 SW 2nd Terrace (Lot 25).
Item A13
Motion to approve and accept a Right of Way Dedication by the owner of
717 SW 3rd Street (Lot 26).
Item A14
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July 21, 2020City Commission Minutes - Final
Motion to approve and accept a Right of Way Dedication by the owner of
704 SW 2nd Court (Carver Square Lot 12).
Item A15
Motion to approve and accept a Right of Way Dedication by the owner of
708 SW 2nd Court (Carver Square Lot 13).
Item A16
Motion to approve and accept a Right of Way Dedication by the owner of
712 SW 2nd Court (Carver Square Lot 14).
Item A17
Motion to approve and accept a Right of Way Dedication by the owner of
720 SW 2nd Terrace (Carver Square Lot 16).
Sponsors:Public Works Department
Page 7City of Delray Beach Printed on 12/2/2020
July 21, 2020City Commission Minutes - Final
Agenda Cover Report
Item 1(1) - Legal Reviews
Item A1a- ROW - 700 SW 2nd Court (Lot 11)
Item A1b - Exhibit A -700 SW 2nd Ct (Lot 11)
Item A2a - ROW - 701 SW 3rd Street (Lot 30)
Item A2b - Exhibit A - 701 SW 3rd St. (Lot 30)
Item A3a - ROW - 702 SW 2nd Ter. (Lot 21)
Item A3b - Exhibit A - 702 SW 2nd Ter. (Lot 21)
Item A4a- ROW - 703 SW 2nd Ter. (Lot 20)
Item A4b- Exhibit A - 703 SW 2nd Ter. (Lot 20)
Item A5a- ROW - 704 SW 2nd Ter. (Lot 22)
Item A5b - Exhibit A - 704 SW 2nd Ter. (Lot 22)
Item A6a - ROW - 705 SW 2nd Ter. (Lot 19)
Item A6b - Exhibit A - 705 SW 2nd Ter. (Lot 19)
Item A7a - ROW - 708 SW 2nd Ter. (Lot 23)
Item A7b- Exhibit A - 708 SW 2nd Ter. (Lot 23)
Item A8a - ROW - 709 SW 2nd Ter. (Lot 18)
Item A8b- Exhibit A - 709 SW 2nd Ter. (Lot 18)
Item A9a- ROW - 712 SW 2nd Ter. (Lot 24)
Item A9b- Exhibit A - 712 SW 2nd Ter. (Lot 24)
Item A10a- ROW - 713 SW 2nd Ter. (Lot 17)
Item A10b - Exhibit A - 713 SW 2nd Ter. (Lot 17)
Item A11a - ROW - 716 SW 2nd Ct. (Lot 15)
Item A11b- Exhibit A - 716 SW 2nd Ct. (Lot 15)
Item A12a - ROW - 716 SW 2nd Ter. (Lot 25)
Item A12b - Exhibit A - 716 SW 2nd Ter. (Lot 25)
Item A13a - ROW - 717 SW 3rd St. (Lot 26)
Item A13b - Exhibit A - 717 SW 3rd St. (Lot 26)
Item A14a - ROW - 704 SW 2nd Ct. (Carver Sq. Lot 12)
Item A14b - Exhibit A - 704 SW 2nd Ct. (Carver Sq. Lot 12)
Item A15a - ROW - 708 SW 2nd Ct. (Carver Sq. Lot 13)
Item A15b - Exhibit A - 708 SW 2nd Ct. (Carver Sq. Lot 13)
Item A16a - ROW - 712 SW 2nd Ct. (Carver Sq. Lot 14)
Item A16b - Exhibit A - 712 SW 2nd Ct. (Carver Sq. Lot 14)
Item A17a - ROW - 720 SW 2nd Ter. (Carver Sq. Lot 16)
Item A17b - Exhibit A - 720 SW 2nd Ter. (Carver Sq. Lot 16)
Attachments:
This Request was approved.
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July 21, 2020City Commission Minutes - Final
6.H.APPROVAL TO BE CO-APPLICANT WITH THE CITY OF BOYNTON
BEACH TO SUBMIT A GRANT APPLICATION TO REBUILD FLORIDA
GENERAL INFRASTRUCTURE PROGRAM (GIP) ADMINISTERED BY
THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC
OPPORTUNITY (DEO) AND FUNDED BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY
DEVELOPMENT BLOCK GRANT-MITIGATION (CDBG-MIT)
ALLOCATION AS DESCRIBED IN PUBLIC LAW 115-123.
Body:Recommended Action:
Recommendation:Motion to approve Co-Application with the City of Boynton Beach for a
Construction and Administration Grant to Rebuild Florida GIP
Administered by the State of Florida DEO and funded by the U.S.
Department of HUD CDBG-MIT allocation as described in Public Law
115-123.
Sponsors:Public Works Department
Agenda Cover Report
ILA Agreement with City of Boynton Beach and CODB for Engineering
Design of SE 36th Avenue_Recorded
Rebuild Florida GIP guidelines_6-12-20
Rebuild Florida GIP-checklist-and-instructions 061220
Gulfstream Simple Legal Review Approval 070120
Attachments:
This Request was approved.
6.I. PROCLAMATIONS:
6.I.1. None
6.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
6.J.1.REPORT OF APPEALABLE LAND USE ITEMS FROM MARCH 23,
THROUGH JUNE 26, 2020.
Body:Recommended Action:
Recommendation:By motion, receive and file this report.
Sponsors:Development Services Department
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July 21, 2020City Commission Minutes - Final
Agenda Cover Report
Appealable_Items_Map
A - Appealable Report - 111 SE 7th Avenue
B - Appealable Report - 159 Marine Way
C - Appealable Report - Heritage Here
D - Appealable Report - Keele Center; 4575 Linton Blvd
E -Appealable Report - Echelon 1625 S. Ocean Blvd
F - Appealable Report - 7-Eleven Store #34793; 13555 S. Military Trl.
Attachments:
6.K. AWARD OF BIDS AND CONTRACTS:
6.K.1.APPROVAL OF RESOLUTION NO. 104-20 TO AWARD AN
AGREEMENT TO DELL MARKETING LP, FOR PURCHASE OF
TECHNOLOGY PRODUCTS, SERVICES AND SOLUTIONS; UTILIZING
STATE OF FLORIDA ALTERNATE CONTRACT SOURCE NO.
43211500-WSCA-15-ACS - $400,000
Body:Recommended Action:
Recommendation:Motion to approve Resolution No. 104-20 to award an Agreement to Dell
Marketing LP, for the purchase of technology products, services and
solutions in the estimated amount of $400,000 through July 31, 2021, of
which $43,000 is budgeted for FY2020, utilizing the State of Florida
Alternate Contract Source No. 43211500-WSCA-15-ACS, contingent on
appropriations of funds.
Sponsors:IT Department and Purchasing Department
Agenda Cover Report
Agreement - Dell - State of Florida ACS_Dell Signed 10Jun2020
Resolution 104-20 Dell Marketing State of Florida ACS
Legal Review Checklist Dell (edited to note piggyback indemnification
paragraph) - Copy
Computer Equipment Amendment ADA (Dell Marketing LP)
Dell PUR 1000
2020 adopted IT budget with items highlighted for Dell Contract
Capital Improvement Project Request Form - PC Replacement
Attachments:
This Request was approved.
7. REGULAR AGENDA:
7.A.RESOLUTION NO. 96-20: A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE
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ABANDONMENT OF A PORTION OF THE RHODES VILLA AVENUE
RIGHT-OF-WAY, LYING ADJACENT TO THE NORTHWEST CORNER OF
LOT 8 (1006 RHODES VILLA AVENUE) OF SAID “DELRAY BEACH
SHORES” PLAT AS RECORDED IN THE PLAT BOOK 23, PAGES 167
OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FLORIDA,
AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”;
PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
RESOLUTION NO. 116-20: A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A FINAL
PLAT REQUEST FOR A MINOR SUBDIVISION THAT CONTAINS A
NON-CONFORMITY FOR A TWO-LOT SUBDIVISION KNOWN AS
“1004-1006 RHODES VILLA”, WHICH CONSISTS OF A COMBINATION
OF LOTS OF RECORD DESCRIBED AS LOT 8, AND THE WEST 6
FEET OF LOT 7, TOGETHER WITH LOT 9 AND THE SOUTH 25 FEET
OF LOT 10 TOGETHER WITH THE ABANDONED 10 FEET OF THE
SOUTH 45 FEET OF RHODES VILLA AVENUE RIGHT-OF-WAY,
DELRAY BEACH SHORES, PLAT BOOK 23, PAGE 167 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A”; PROVIDING AN
EFFECTIVE DATE, AND FOR OTHER PURPOSES (QUASI JUDICIAL).
Body:Recommended Action:
Recommendation:Review and consider Resolution No. 96-20 approving a the abandonment
of a portion of the Rhodes Villa Avenue right-of-way, lying adjacent to the
Northwest Corner of Lot 8 (1006 Rhodes Villa Avenue) of said “Delray
Beach Shores” Plat as recorded in the Plat Book 23, Page 167 of the
Official Records of Palm Beach County, Florida.
Review and consider Resolution No. 116-20 approving a Final Plat request
for a Minor Subdivision that contains a non-conformity for a two-lot
subdivision known as “1004-1006 Rhodes Villa” Plat, which consists of a
combination of lots of record and a portion of abandoned Rhodes Villa
Avenue right-of-way originally platted as part of the “Delray Beach Shores”
Plat Book 23, Page 167 of the of the Official Records of Palm Beach
County, Florida.
Sponsors:Development Services Department
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July 21, 2020City Commission Minutes - Final
Agenda Cover Report
Res. No. 96-20: Rhodes Villa - Abandonment of ROW
Rhodes Villa 96-20- Proposed Legal and Sketch
Rhodes Villa 96-20- 1004 Rhodes Villa Survey
Rhodes Villa 96-20- 1006 Rhodes Villa Survey
Legal Review Reso 96-20 Abandonment 1006 Rhodes Villa Ave
Res. No. 116-20: 1004-1006 Rhodes Villa Plat
Rhodes Villa Plat 116-20- 1004-1006 Rhodes Villa Plat
Rhodes Villa Plat 116-20- Justification Letter from Applicant
Legal Review for Reso 116-20 Rhodes Villa Plat
Attachments:
Anthea Gianniotes, Development Services Director, informed the
Commission that Resolutions No. 96-20 and No. 1004-1006 are
interrelated because of Rhodes Villa and will be presented together. Each
resolution will require a separate motion due to this being a two-part item.
Ms. Gianniotes notified the Commission that the applicant was present.
Before continuing, Mayor Petrolia read the Quasi-Judicial rules aloud
before her colleagues and the applicant. She asked her fellow
Commissioners for ex-parte communications, and the following disclosures
were made:
Mayor Petrolia: Spoke with the applicant verbally and received emails on
the City Server.
Vice Mayor Boylston: None
Deputy Vice Mayor Johnson: Spoke with Ms. Gianniotes and is in receipt
of emails on the City Server.Commissioner Frankel: Received emails
about the matter.Commissioner Casale: Communicated with the applicant
and Ms. Gianniotes verbally and in writing.
Mr. Glen Urquhart (applicant) and Mr. Eric Granger (applicant’s agent)
introduced themselves to the Commission. City Clerk Katerri Johnson
swore in both gentlemen.
Mr. Urquhart and Mr. Granger gave their presentation highlighting the
importance of their project.
Ms. Gianniotes, Development Services Director, reminded the
Commission that both items reflected in 7.A. would require two separate
motions.
Ms. Gianniotes entered items 2019-163 and 2020-197 into the record.
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7.B.
She continued her presentation on the improvement plans related to
Rhodes Villa lots eight and nine.
After Ms. Gianniotes’ presentation concluded, a recess was called from
4:43 - 4:48 p.m. to allow public comments. When the Commission
reconvened; City Clerk Katerri Johnson concluded that
no public comments were submitted. There was no cross examination or
rebuttal pertaining to the presentation.
A motion was made by Commissioner Frankel to approve Resolution
96-20. It was seconded by Commissioner Casale. The vote was taken,
and the motion carried 5-0.
Commissioner Frankel made a motion to approve Resolution No. 116-20.
It was seconded by Vice Mayor Boylston. The vote was taken, and the
motion carried 5-0.
Both Resolutions were approved.
RESOLUTION NO. 115-20 A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A PLAT
REQUEST FOR A TWO-LOT SUBDIVISION KNOWN AS “PINEAPPLE
TRAIL”, LOCATED ON THE SOUTHEAST CORNER OF NE 10TH
STREET AND NE 2ND AVENUE (QUASI JUDICIAL).
Body:Recommended Action:
Recommendation:Review and consider Resolution No. 115-20: Certification of a final plat for
a two-lot subdivision known as “Pineapple Trail”, located on the southeast
corner of NE 10th Street and NE 2nd Avenue.
Sponsors:Development Services Department
Agenda Cover Report
Resolution No. 115-20 Pineapple Trail Replat
Pineapple Trail Proposed Replat
Pineapple Trail Replat Survey
Pineapple Trail Justification
Legal Review Res 115-20 Pineapple Trail Plat
Attachments:
Quasi Judicial rules apply to items 7.A. 7.B. and 7.D.; the rules only need to
be read once during the meeting. Mayor Petrolia read the rules prior to the
previous presentation, the Commission proceeded with ex-parte
disclosures.
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Commissioner Casale: Communicated with a neighbor about the project
and received email correspondences from the City Server. Commissioner
Frankel: Received emails on the City Server. Deputy Vice Mayor Johnson:
Received emails on the City Server. Vice Mayor Boylston: Received
emails on the City Server. Mayor Petrolia: Received emails on the City
Server.
Mayor Petrolia recognized the applicant. City Clerk Katerri Johnson swore
in Mr. Nuno Morais (applicant) and his attorney Mr. James Burnham. Ms.
Gianniotes, Development Services Director, read File
No. 2019 026 into the record.
Mr. Morais and Mr. Burnham introduced themselves to the Commission
and gave a presentation to create a two-lot housing subdivision for the
Pineapple Trail Plat. Approving resolution 115-20 would permit Mr. Morais
to reorient the lots to keep the property's character consistent with the
neighborhood.
Ms. Gianniotes provided her analysis to the Commission about code
requirements relating to the applicant's request. She expressed concern
about the project potentially impacting the bicycle lane located in front of
the properties.
A recess was called from 5:04 - 5:15 p.m. to allow public comments. The
Commission returned from recess, and City Clerk Katerri Johnson played
the following public comments:
Public Comment:
Shane Shortes, 210 NE 10 Street, Delray Beach, is a neighbor to the
proposed plot and is not in favor of the project.
Ms. Shortes expressed concern that this item is being "pushed through"
during the transition of City Managers. She requested that the Commission
abide by the rules in place and not grant approval for this matter.
Ron McCrief, 211 NE 9 Street, Delray Beach, stated that this item was
pulled last year from the agenda right before the meeting. Mr. McCrief is
not in favor of approving this request. He reported that he had difficulty
leaving a voicemail message for public comment and is concerned that
others may be having similar
issues.
City Clerk Katerri Johnson concluded public comments. Mayor Petrolia
asked if there was any cross examination or rebuttal.
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Mr. Burnham said that he would like to cross examine the individuals who
left messages over the phone. City Clerk Johnson indicated that the public
commenters were waiting on the phone line.
Mr. Burnham asked Ms. Shortes if she understood that the proposed
property is not classified as a single "one home" lot and asked if she had
read the staff reports before the meeting. He informed Ms. Shortes that Mr.
Morais has the right to build two homes on the tracks without the City's
approval.
Mr. Burnham stated that a Release of Declaration of Unity and Title was
reordered in the Public Records of Palm Beach County on April 29, 2019.
Ms. Shortes said that her community was never notified of the declaration
and believes that this request deviates from the City's standards. She
added that the previous property owner requested to split the lot, and the
City rejected the request because the area would be overbuilt.
Mr. Burnham believes the Staff Report from the City proves that if the lots
were reoriented, it would decrease non-conformities and would be
compliant with the current land development regulations.Mr. Burnham
ended the cross examination.
Ms. Gianniotes clarified that the proposed lots are allowed to be developed
as two distinct lots under the City's present code. Mayor Petrolia opened
the floor for rebuttal.
Mr. Burnham and Mr. Morias expressed that they do not believe that the
project would impact bicycle safety as Ms. Gianniotes indicated in her staff
report.
Mayor Petrolia concluded the rebuttal and moved to her fellow
Commissioners for comments and questions.
Commissioner Casale said that she received emails from residents asking
her to visit the proposed project's site. Upon her visit, she observed
problems with the space and elevation between homes. Commissioner
Casale believes that these issues can be resolved at the planning stage
and asked if the City can look into this matter.
Ms. Gianniotes requested that Commissioner Casale forward concerns
from constituents to her directly. Upon receipt of the concerns, the Building
and Engineering departments can begin working towards a solution.
Vice Mayor Boylston then requested clarification about the project. Ms.
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July 21, 2020City Commission Minutes - Final
Gianniotes explained that under the current regulations in place the
applicant is allowed to build two houses on the existing lots facing north.
Vice Mayor Boylston added that he is not in favor of adding any driveways
on 2nd Avenue.
A discussion ensued between Vice Mayor Boylston and Mr. Burnham
about the community's understanding of the project. Mr. Boylston asked his
colleagues for their thoughts.
Deputy Vice Mayor Johnson expressed her concerns about the potential
pedestrian safety issues this project may cause and the subject of the
project's non-conformity. She informed her fellow commissioners that she
will be voting no on the matter.
City Attorney Gelin reminded the Commission that their decision should be
determined by whether the subject's request for non-conformity is
necessary and appropriate.
Mayor Petrolia commented that the two homes will be built on the property
regardless and that the Commission has the opportunity to approve
change configuration. She told her colleagues that she would be ruling in
favor of the proposed plan.
Commissioner Frankel made a motion to approve Resolution 115-20. It
was seconded by Commissioner Casale. The motion carried by the
following vote:
Yes: 3 - Mayor Petrolia, Commissioner Frankel, and Commissioner Casale
No:Deputy Vice Mayor Ervin Johnson, and Vice-Mayor Boylston2 -
7.C.RESOLUTION NO. 117-20: A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE
ABANDONMENT OF A SIX-FOOT SANITARY SEWER EASEMENT.
Body:Recommended Action:
Recommendation:Review and consider Resolution No. 117-20, for the abandonment of a
sanitary sewer easement.
Sponsors:Development Services Department
Agenda Cover Report
Resolution No. 117-20 316 N Ocean BLVD
316 N. Ocean BLVD: Property Survey
Legal Review Reso 117-20 Sewer Easement Abandonment
Attachments:
Page 16City of Delray Beach Printed on 12/2/2020
July 21, 2020City Commission Minutes - Final
Vice Mayor Boylston recused himself from this item. A motion was
made by Commissioner Frankel to approve Resolution No. 117-20. It
was seconded by Commissioner Casale. The motion carried by the
following vote:
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, and
Commissioner Casale
4 -
Recused:Vice-Mayor Boylston1 -
7.D.RESOLUTION NO. 118-20: A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A FINAL
PLAT, REQUEST FOR A MAJOR SUBDIVISION WITH WAIVERS FOR A
40-LOT SUBDIVISION KNOWN AS “BANYAN COURT”, WHICH
CONSISTS OF A PORTION OF THE NORTHEAST ONE-QUARTER OF
SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST, MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A”; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL)
Body:Recommended Action:
Recommendation:Review and consider Resolution No. 118-20 for a final plat to create 40
lots, private tracts, and easements pertaining to an approved single-family
residential development known as Banyan Court.
Sponsors:Development Services Department
Agenda Cover Report
Resolution 118-20 Banyan Court Plat
Banyan Court - Proposed Plat
Banyan Court - Engineering Plans
Banyan Court - Survey
Banyan Court - PZB Staff Report
Banyan Court - Waiver Request Letter
Legal Review for Reso 118-20 Banyan Court Plat
Attachments:
Ms. Gianniotes, Development Services Director, read File Number
2020-108 into the record and informed the Commission that the applicant
was present.
Mayor Petrolia asked for ex-parte disclosures from her colleagues. Mayor
Petrolia: Verbal communicated with Banyan Court and confirmed that it
was on the record.
Vice Mayor Boylston: Received emails on the City Server.
Deputy Vice Mayor Johnson: Received emails on the City Server
Commissioner Frankel: Received emails on the City Server.
Commissioner Casale: Communicated with everyone involved.
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July 21, 2020City Commission Minutes - Final
City Clerk Katerri Johnson swore in Mr. Bradley Miller (applicant) who
wished to give testimony on this item. Mr. Miller, 508 E. Boynton Beach
Blvd, stated that his presentation would highlight the next step in the
approval process for the development of Banyan Court.
Ms. Gianniotes provided a staff report on Item No 7.D. (Resolution
No.118-20) and indicated two internal waivers would be needed to be
approved, which are consistent with the master plan.
There was a recess from 6:05 - 6:10 p.m. to allow public comments. After
the recess, City Clerk Katerri Johnson reported no public comments had
been submitted. The presentation concluded without
cross examination or rebuttal.
Commissioner Casale made a motion to approve Resolution No. 118-20. It
was seconded by Vice Mayor Boylston. The motion carried by the
following vote:
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel,
Vice-Mayor Boylston, and Commissioner Casale
5 -
7.E.PROPOSED MILLAGE LEVY RATE/DOWNTOWN DEVELOPMENT
AUTHORITY (DDA)
Body:Recommended Action:
Recommendation:Motion to Approve staff's recommendation that the City Commission
approve the DDA millage rate at 1.0000 for FY 2021.
Sponsors:Downtown Development Authority and Finance Department
Agenda Cover Report
2020 Estimate of Taxable Value Delray Beach DDA
DDA Detailed Budget as of May 2020
Delray Beach DDA FY20-21 Millage Approval Memo 6.15.20
Attachments:
Laura Simon, Director of the Downtown Development Agency (DDA),
presented on the millage rate.
Ms. Simon explained that the DDA assesses 1.0000 mills on properties
within the district, which equates to $1,228,708 for the FY 20/21 operating
budget. The Commission engaged in a discussion.
Vice Mayor Boylston made a motion to approve the proposed Millage Levy
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July 21, 2020City Commission Minutes - Final
Rate for the DDA for F/Y 21. It was seconded by Deputy Vice Mayor
Johnson The motion carried by the following vote:
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, and Vice-Mayor Boylston3 -
No:Commissioner Frankel, and Commissioner Casale2 -
7.F.FISCAL YEAR 2021 PROPOSED MILLAGE RATE
Body:Recommended Action:
Recommendation:Motion to approve staff's recommendation that the City Commission set a
total millage of 6.8497 for FY 2021 (6.6611 for operating and 0.1886 for
debt service).
Sponsors:Finance Department
Agenda Cover Report
2021 Proposed Millage Rate
Attachments:
Finance Director, Marie Kalka, presented on the proposed millage rate for
the fiscal year and its impact on the City. She provided the Commission
three options for the millage rate.
1. Keep the current millage rate.
2. Increase the millage rate by ten cents.
3. Reduce the millage rate by ten cents.
Ms. Kalka said that, unfortunately, due to COVID-19, the City was unable to
host a Goal Setting and Capital Improvement Plan (CIP) Workshop at the
beginning of the year. The Finance Department hopes to have both
workshops on August 11.
The City is required to hold two Public Meetings regarding the Budget. The
tentative dates for those meetings are:
∙September 10th Tentative Adoption
∙September 22nd Final Adoption
Deputy Vice Mayor Johnson mentioned that she favors option number two,
which would increase the millage rate by ten cents. In opposition,
Commissioner Frankel stated that he prefers to lower the rate to give
property taxpayers a break. Mayor Petrolia, Commissioner Casale, and
Vice Mayor Boylston favor the staff's recommendation and will be selecting
option number one, which would keep the current millage rate. Vice Mayor
Boylston looks forward to further conversations and workshops.
A motion was made by Vice Mayor Boylston to keep the Millage Rate at
6.8497 for FY 20/21. It was seconded by Commissioner Casale. The
motion carried with the following vote:
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July 21, 2020City Commission Minutes - Final
This Request was approved.
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Vice-Mayor Boylston, and
Commissioner Casale
4 -
No:Commissioner Frankel1 -
7.G.RESOLUTION NO. 125-20 BUDGET AMENDMENT
Body:Recommended Action:
Recommendation:Motion to Approve Resolution No. 125-20 amending the budget for Fiscal
Year (FY) 2019/20 adopted September 17, 2019.
Sponsors:Finance Department
Agenda Cover Report
Legal Review Reso 125-20 Budget Amendment
Resolution 125-20 Budget Amendment
Exhibit A
Mid-Year Amendment Narrative FY 2020
Attachments:
City Attorney Gelin read Resolution No. 125-20 into the record.
Interim City Manager Jennifer Alvarez stated that since the September
2019 budget, the City has faced many challenges. She informed the
Commission that the Budget Summary is up to date with details pertaining
to revenue and expenditures. The proposed amendment is intended to
support the City through the end of the
2020 fiscal year based on the detailed projections provided.
Marie Kalka, Finance Director, gave a presentation outlining the proposed
Budget Amendment. She discussed the financial impact that COVID-19
had on the City. The entire Commission thanked Interim City Manager
Alvarez and Ms. Kalka for their efforts.
Mayor Petrolia requested clarification from Ms. Kalka regarding the City’s
shortfall amounts indicating that she thought the amount was $4.25 million
versus $2.25 million discussed in the presentation. Ms. Kalka explained
that management worked together to come up with $2.25 million to reduce
the shortfall amount.
Commissioner Frankel believes that this is not a year to use surplus funds
since the future is uncertain. He is in favor of approving Resolution No.
125-20. Deputy Vice Mayor Johnson agreed to support the resolution.
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July 21, 2020City Commission Minutes - Final
Commissioner Casale expressed her gratitude and excitement that the
City did not have a $10 million deficit as initially thought. Vice Mayor
Boylston thanked the staff for looking to the future as they prepare the
budget in these uncertain times. The City was fortunate to have been able
to use reserves throughout the pandemic. He
expressed his support in approving Resolution No. 125-20.
Mayor Petrolia shared her colleagues' sentiments and is grateful to the staff
for their efforts and sacrifices. However, she felt that the City had an
excessive amount of reserve funds and believes that revenue belongs to
the residents.
Mayor Petrolia requested to discuss specific hiring decisions that were
previously made and stated the following for the record: The eight
firefighters hired in March of 2020 were not included in the approved
September 2019 budget. City Manager George Gretsas Commission
Meeting on May 20, 2020 indicated the approval was improperly done.
During the May 5, 2020 meeting, Chief Tomey stated, “The Firefighters
were hired in March 2020,” before Commission authorization. The City
Manager, Fire Chief, and Human Resources Director knew the hiring did
not follow protocol but continued regardless. Four of the eight Firefighters
were
intended to be assigned to the Highland Beach station, a station already
overstaffed. These four firefighters are now in limbo with regards to their
assignments. The Delray Beach Fire Department is an Insurance Services
Office (ISO) # 1 rated Fire Rescue Department. My insurance carrier
stated there is no reduction in premiums when a Fire Department goes
from an ISO # 2 to an ISO # 1 status.
Commissioner Casale indicated the City is still waiting on FEMA funding
from Hurricane Irma. Mayor Petriola questioned if there was a consensus
to ask the Interim City Manager to look into the 2017 funds that were not
received. City Attorney Lynn Gelin said that we could approve
communicating with the Interim City Manager and
then look into what action would be necessary. Commissioner Casale and
Mayor Petrolia asked if the City could retract the eight firefighters that were
hired improperly through the Safer Grant. Chief Tomey informed the
Commission that the City already accepted the grant. Deferring at this
stage would prevent the City from reapplying for three years.
The Mayor concluded concerns regarding the past hiring decision and
circled back to the budget. Commissioner Casale and Commissioner
Frankel agreed that the City needs to look at expenditures line by line.
Interim City Manager Jennifer Alvarez and Chief Tomey are exploring the
requirements of the Safer Grant to determine flexibility and ramifications.
Page 21City of Delray Beach Printed on 12/2/2020
July 21, 2020City Commission Minutes - Final
They are also looking into FEMA to identify relief they may be able to
provide. The Commission will be notified of the results. Ms. Alvarez
informed the Commission that she has been actively working with staff
directors to make appropriate budget cuts. Vice Mayor Boylston
motioned to approve Resolution No. 125-20. It was
seconded by Commissioner Casale. The motion carried by the following
vote:
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel,
Vice-Mayor Boylston, and Commissioner Casale
5 -
7.H.NOMINATIONS FOR APPOINTMENT TO THE GREEN
IMPLEMENTATION ADVANCEMENT BOARD
Body:Recommended Action:
Recommendation:Motion to approve nominations for appointment for three (3) regular
members to serve on the Green Implementation Advancement Board for a
two (2) year term ending July 30, 2022.
Sponsors:City Clerk Department
Agenda Cover Report
Exhibit A
Green Implementation Advancement Board
2020 Quarterly Attendance GIAB
Adamo
Malleck
Seckler
Shaheen
Stern
Attachments:
Commissioner Casale motioned to nominate Hal Stern to the Green
Implementation Board. It was seconded by Vice Mayor Boylston. The vote
was taken, and the motion carried 5-0.
Vice Mayor Boylston motioned to nominate Lisa Shaheen to the Green
Implementation Board. It was seconded by Commissioner Frankel. The
vote was taken, and the motion carried 5-0.
Deputy Vice Mayor Johnson motioned to nominate Shaynaz Malleck to the
Green Implementation Board. It was seconded by Commissioner Frankel.
The vote was taken, and the motion carried 5-0.
7.I.NOMINATIONS FOR APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD
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July 21, 2020City Commission Minutes - Final
Body:Recommended Action:
Recommendation:Motion to approve nominations for appointment for two (2) regular
members (Citizen-at-Large) to serve on the Parking Management Advisory
Board for a two (2) year term ending July 30, 2022.
Sponsors:City Clerk Department
Agenda Cover Report
Exhibit A
Parking Management Advisory Board
2020 Quarterly Attendance PMAB
Burgess
Cullinan
Hallyburton
Attachments:
Mayor Petrolia asked Commissioner Frankel if he would switch places with
her and go first. Commissioner Frankel agreed.
Commissioner Frankel motioned to nominate Richard Burgess to the
Parking Management Advisory Board. It was seconded by Vice Mayor
Boylston. The vote was taken, and the motion carried 5-0.
Mayor Petrolia motioned to nominate Brenda Cullinan to the Parking
Management Advisory Board. It was seconded by Commissioner Frankel.
The vote was taken, and the motion carried 5-0.
7.J.NOMINATIONS FOR APPOINTMENT TO THE POLICE ADVISORY
BOARD
Body:Recommended Action:
Recommendation:Motion to approve nominations for appointment for four (4) regular
members to serve on the Police Advisory Board.
Sponsors:City Clerk Department
Agenda Cover Report
Exhibit A
Police Advisory Board
Cannon
Evans
McNally
Potts
Safranski
Trupia
Waring
Attachments:
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July 21, 2020City Commission Minutes - Final
Deputy Vice Mayor Johnson motioned to nominate Paul Cannon to the
Police Advisory Board. It was seconded by Commissioner Frankel. The
vote was taken, and the motion carried 5-0.
Mayor Petrolia motioned to nominate Kevin McNally to the Police Advisory
Board. It was seconded by Commissioner Frankel. The vote was taken,
and the motion carried 5-0.
Commissioner Frankel motioned to nominate Willie Potts, Jr. to the Police
Advisory Board. It was seconded by Vice Mayor Boylston. The vote was
taken, and the motion carried 5-0.
Commissioner Casale motioned to nominate Wes Waring to the Police
Advisory Board. It was seconded by Commissioner Frankel. The vote was
taken, and the motion carried 5-0.
7.K.NOMINATIONS FOR APPOINTMENT TO THE PUBLIC ART ADVISORY
BOARD
Body:Recommended Action:
Recommendation:Motion to approve nominations for appointment for four (4) regular
members to serve on the Public Art Advisory Board for a two (2) year term
ending July 30, 2022.
Sponsors:City Clerk Department
Agenda Cover Report
Exhibit A
Public Art Advisory Board
Aronstein
Cabana
Cooper
Fitzsimmons
Jacobson
Keeler
Pereira
Sherman
Vasiliou
Attachments:
Commissioner Casale motioned to nominate Joseph Aronstein to the
Public Art Advisory Board. It was seconded by Deputy Vice Mayor
Johnson. The vote was taken, and the motion carried 5-0.
Vice Mayor Bolyston motioned to nominate Damian Fitzsimmons to the
Public Art Advisory Board. It was seconded by Commissioner Frankel. The
vote was taken, and the motion carried 5-0.
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July 21, 2020City Commission Minutes - Final
Deputy Vice Mayor Johnson motioned to nominate Lark Keeler to the
Public Art Advisory Board. It was seconded by Commissioner Frankel. The
vote was taken, and the motion carried 5-0.
Mayor Petrolia motioned to nominate Peter Pereira to the Public Art
Advisory Board. It was seconded by Commissioner Frankel. The vote was
taken, and the motion carried 5-0.
7.L.DIRECTION CONCERNING REQUEST FOR INDEMNIFICATION
Body:Recommended Action:
Recommendation:The City Attorney seeks direction regarding a request from George
Gretsas seeking indemnification by the City.
Sponsors:City Attorney Department
Agenda Cover Report
cease and desist letter
Homestead Concrete Email
Attachments:
City Attorney Gelin informed the Commission that Mr. Gretsas denies the
allegations made by Homestead Concrete and Drainage. He believes that
he is not inclined to issue an apology. Ms. Gelin seeks direction from the
Commission on their response to Homestead Concrete and Drainage
concerns. She informed the Commission of their possible choices of
response.
1. The Commission can decide if they wish to indemnify Mr. Gretsas based
on the language stated in his contract.
2. The Commission can take a "wait and see approach." She stated that if
Homestead Concrete and Drainage files a complaint, the Commission can
schedule a meeting.
3. The Commission can indemnify Mr. Gretsas today.
Vice Mayor Boylston thanked Ms. Gelin and suggested that he favors
taking a "wait and see approach".
Commissioner Casale asked Ms. Gelin about the charges made against
Mr. Gretsas. Ms. Gelin stated that she wanted to see the allegations made
by Homestead Concrete and Drainage to verify if the actions were within
the scope of Mr. Gretsa's duties as City Manager.
Mayor Petrolia expressed her concerns in taking a "wait and see
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July 21, 2020City Commission Minutes - Final
approach" without receiving an apology from Mr. Gretsas. She fears that by
waiting the City would be unintentionally encouraging a lawsuit. Mayor
Petrolia believes that Mr. Gretsas needs to understand that if he does not
issue an apology to Homestead Concrete, the City will not support him
should a lawsuit ensue. Mayor Petrolia is in favor of the City not protecting
Mr. Gretsas.
Commissioner Frankel concurs with the Mayor Petrolia regarding Mr.
Gretsas issuing an apology. However, because nothing has been done he
would be in favor of City Attorney Gelin’s recommendation of the “wait and
see approach.”
Deputy Vice Mayor Johnson wholeheartedly agrees with Mayor Petrolia.
Vice Mayor Boylston said that the City should take a "wait and see
approach" at this time and believes that reacting to the letter now could set
a potentially harmful precedent.
City Attorney Gelin explained that her recommendation to the cease and
desist letter would be to "Deny as Premature," with mutual understanding
that if a complaint is filed, it will be brought back and the request will be
reconsidered.
Commissioner Frankel made a motion, seconded by Vice Mayor Boylston,
to approve the recommendation made by City Attorney Gelin to "Deny as
Premature" in response to the cease and desist letter sent by Homestead
Concrete and Drainage. The motion carried as follows:
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel,
Vice-Mayor Boylston, and Commissioner Casale
5 -
7.M.EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DELRAY
BEACH AND INTERIM CITY MANAGER JENNIFER ALVAREZ
Body:Recommended Action:
Recommendation:Motion to approve the Employment Agreement between the City of Delray
Beach and Interim City Manager Jennifer Alvarez.
Sponsors:City Attorney Department
Agenda Cover Report
Interim City Manager Agreement with Jennifer Alvarez FINAL
Attachments:
City Attorney Lynn Gelin read the terms of Interim City Manager Alvarez's
employment agreement to the Commission.
Commissioner Casale made a motion to approve Interim City Manager
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July 21, 2020City Commission Minutes - Final
Alvarez's' employment agreement. It was seconded by Vice
Mayor Boylston. The motion carried by the following vote:
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel,
Vice-Mayor Boylston, and Commissioner Casale
5 -
8. PUBLIC HEARINGS:
8.A.ORDINANCE NO. 30-20: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
CHAPTER 34, “ELECTIONS”; SECTION 34.01, “STATE LAWS TO
GOVERN” OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY REPEALING SECTION (B) IN ITS ENTIRETY;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR
OTHER PURPOSES. (SECOND READING)
Body:Recommended Action:
Recommendation:Motion to approve Ordinance 30-20.
Sponsors:City Attorney Department
Agenda Cover Report
Ordinance 30-20
Attachments:
City Attorney Gelin read Ordinance No. 30 20 into the record.
Vice Mayor Boylston made a motion to approve. City Attorney Gelin
reminded the Commission that Public Comments needed to be heard first.
There was a recess from 8:20 - 8:25 p.m. to allow public comments. City
Clerk Katerri Johnson concluded there were no public comments
submitted.
Vice Mayor Boylston proceeded with his motion, seconded by
Commissioner Frankel, to approve Ordinance No. 30 20 on second
reading. The motion carried by the following vote:
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel,
Vice-Mayor Boylston, and Commissioner Casale
5 -
9. FIRST READINGS:
9.A.ORDINANCE NO. 12-20: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY
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July 21, 2020City Commission Minutes - Final
AMENDING SECTION 4.4.13 “CENTRAL BUSINESS DISTRICT”,
SUBSECTION 4.4.13(C)(3)(b) “CENTRAL CORE AND BEACH
SUB-DISTRICTS”, TO AMEND THE BASIS FOR GROUND FLOOR
RETAIL REQUIREMENTS; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (FIRST
READING).
Body:Recommended Action:
Recommendation:Review and consider a request to approve Ordinance No. 12-20, a
City-initiated amendment to the Land Development Regulations, Section
4.4.13 “Central Business District,” subsection 4.4.13(C)(3)(b), to provide
exception to the retail requirement within the Central Core and Beach
Sub-districts for properties that have 80 percent or more of frontage at a
setback of 25 feet or greater.
Sponsors:Development Services Department
Agenda Cover Report
Ord. No. 12-20 - CBD Required Retail Frontage
Ord. No. 12-20 - PZB Staff Report
Ord. No. 12-20 - Map of Area Impacted by the Amendment
Ord. No. 12-20 - Legal Review
Attachments:
City Attorney Lynn Gelin read Ordinance No. 12 20 into the record. Anthea
Gianniotes, Development Services Director, provided a recap of the
amendment and stated that previous Commissions had seen it.
Mayor Petrolia was surprised to see this Ordinance back as it had
previously failed with a 3-1 vote and she is still not in favor of approving the
item.
Vice Mayor Boylston made a motion to approve Ordinance No. 12-20. It
was seconded by Commissioner Frankel. The motion carried by the
following vote:
Yes: 2 - Commissioner Frankel, and Vice-Mayor Boylston
No:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, and Commissioner Casale3 -
9.B.ORDINANCE NO. 22-20: 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 2,
“ADMINISTRATIVE PROCEDURES, ARTICLE 2.2, “ESTABLISHMENT
OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT
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July 21, 2020City Commission Minutes - Final
REGULATIONS,” SECTION 2.2.5, “RESERVED,” TO ADD THE PUBLIC
ART ADVISORY BOARD INCLUDING THE BOARD’S COMPOSITION,
MEETING REQUIREMENTS, AND DUTIES; AND, ARTICLE 2.4,
“GENERAL PROCEDURES,” SECTION 2.4.3, “SUBMISSION
REQUIREMENTS” TO SPECIFY THAT MURALS ARE REVIEWED
SEPARATE FROM ARCHITECTURAL ELEVATIONS; BY AMENDING
CHAPTER 8, “SPECIAL IMPLEMENTATION PROGRAMS,” SECTION
8.5.2, “PUBLIC ART ADVISORY BOARD,” TO AMEND THE PUBLIC ART
ADVISORY BOARD’S DUTIES TO INCLUDE RENDERING OPINIONS
ON MURALS, ADDING SECTION 8.5.3, “MURALS”, TO ESTABLISH
REQUIREMENTS AND CRITERIA FOR MURALS,” PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO
CODIFY, AND PROVIDING AN EFFECTIVE DATE. (FIRST READING)
Body:Recommended Action:
Recommendation:Review and consider Ordinance No. 22-20 on First Reading, City-initiated
amendments to the Land Development Regulations to amend the Public
Art Advisory Board's duties to include rendering opinions on murals and
establish requirements and criteria for murals.
Sponsors:Development Services Department
Agenda Cover Report
Ordinance No. 22-20, Murals
Ordinance No. 22-20, Murals: Staff Report
Ordinance No. 22-20: Legal Review Approval
Attachments:
City Attorney Lynn Gelin read Ordinance No. 22 20 into the record.
Anthea Gianniotes, Development Services Director, delivered a follow up
presentation on Ordinance No. 22 30 zoning in progress that passed in
2019.
Mayor Petrolia expressed concern that someone may write offensive
content on the mural and believes that a charge of $750 is insignificant for
the people who want to put it up, but feels that a fine of $250 would not
deter people from displaying offensive content.
Deputy Vice Mayor Johnson agrees that the fee of $750 seems small and
believes that the culprit should take offensive material down in addition to a
$250 fine.
Commissioner Frankel recommended looking at some of the guidelines
that the City of Wynwood in Miami follows regarding Street Art rather than
rewriting everything before the Second Reading.
Mayor Petrolia requested that Ms. Gianniotes research guidelines in
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July 21, 2020City Commission Minutes - Final
Wynwood.
Vice Mayor Boylston motioned to approve the first reading, seconded
by Commissioner Frankel. The motion carried by the following vote:
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel,
Vice-Mayor Boylston, and Commissioner Casale
5 -
9.C.ORDINANCE NO. 40-20: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER
34, “ELECTIONS,” OF THE CODE OF ORDINANCES BY AMENDING
“QUALIFICATIONS FOR CANDIDACY”, SECTION 34.16, ”FILING OF
NOMINATING PETITION”; BY AMENDING SUBSECTION (A)(1)(a) TO
PROVIDE FOR A ONE YEAR RESIDENCY REQUIREMENT PRIOR TO
THE START OF THE QUALIFYING PERIOD; BY AMENDING
SUBSECTION (A)(2) TO PROVIDE FOR ALTERNATIVES TO THE
NUMBER OF PETITIONS OF REGISTERED VOTERS REQUIRED TO
QUALIFY AS A CANDIDATE; BY PROVIDING A CONFLICTS CLAUSE,
A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (FIRST
READING)
Body:Recommended Action:
Recommendation:Motion to approve Ordinance 40-20.
Sponsors:City Attorney Department
Agenda Cover Report
Ord 40-20 amending Ch 3 Qualifications for Candidacy final 7-20-2020
Attachments:
City Attorney Gelin read Ordinance No. 40-20 into the record. This would
remove the exemption, granting the City to participate in Early Voting in the
future.
Commissioner Casale questioned the City’s intentions requiring proof of
residency to vote. City Attorney Gelin explained this would be a policy or
procedure change through the Clerk’s Office if the Commission chooses to
move forward.
Deputy Vice Mayor Johnson agrees with Commissioner Casale that voters
should be required to show proof of their residency to qualify to vote.
Commissioner Frankel stated the current requirement for candidates is
250 signatures and a $50 filing fee with a value of $6.33 per signature.
However, he would favor updating the policy to 250 signatures and a $500
filing fee or $50 and 1 percent of the City’s population. Deputy Vice Mayor
Johnson agreed.
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July 21, 2020City Commission Minutes - Final
Mayor Petrolia expressed concern that changing the requirements would
deter qualified candidates due to cost. Deputy Vice Mayor Johnson agreed
that running for office requires a commitment and that she would not want to
prevent anyone from participating.
Vice Mayor Boylston is not in favor of requiring a candidate to obtain more
signatures at this time. He would like to return to the subject post
COVID-19 and he would be interested in discussing raising the filing fee if
a candidate chooses to obtain only 50 signatures.
Vice Mayor Boylston made a motion to approve Ordinance No. 40-20 on
the First Reading, and Commissioner Frankel seconded the motion.
Commissioner Frankel then changed his motion to second the motion for
further discussion. After some clarification from City Attorney Gelin,
Commissioner Frankel then re-seconded the motion to approve Ordinance
No. 40-20 on First Reading. The motion carried by the following vote:
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
B. City Attorney
Interim City Manager Alvarez proposed the following:
There was consensus from the Commission to change the Budget
Workshop scheduled on August 11, from 3:30 p.m. to 10:00 a.m. to
allow more time.
There was consensus from the Commission to send a letter to
Congress to reconsider the“Original Cares Act” for Cities with
populations under five thousand.
There was consensus on both items.
City Attorney Gelin seeks direction from the Commission as to
whether they would be raising their salaries. Vice Mayor Boylston is
not in favor of raising commission salaries at this time.
Mayor Petrolia recommended that the Commission should be paid
within the middle range of what surrounding municipalities make and
believes that there is a consensus among the group to move forward.
City Attorney Gelin stated that she would prepare documents for the
next Commission Meeting.
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July 21, 2020City Commission Minutes - Final
C. City Commission
Ms. Gelin asked for the Commission’s decision regarding filing a
lawsuit with “Quiet Title” about the Phase 3 Project. She will prepare a
memorandum for the next meeting, outlining the details. They will
continue the conversation at the meeting.
PBC Admin Center:
Vice Mayor Boylston informed his colleagues that he sent an email to
Interim City Manager Alvarez regarding Congress Avenue and the PBC
Admin Center. He seeks support from the Commission to enter
conversations with the County and Transportation representatives to
discuss the project/property's future.
Mayor Petrolia states that the County owns the property, and it would be
their decision. She does not want the City Commission involved in
anything outside of what they can control, adding that Vice Mayor
Boylston can participate in discussions with the county as a private
citizen.
2020 Census:
Deputy Vice Mayor Johnson provided her fellow commission members
with an update on the 2020 Census.
Noise Ordinances:
Deputy Vice Mayor Johnson met with citizens in the southwest section
over concerns with noise and believes that the City must address its
policies and procedures regarding its noise ordinances.
IT Department:
Deputy Vice Mayor Johnson suggested to give the IT Department more
time to set up and test the system before Commission Meetings.
Performance Evaluation:
Deputy Vice Mayor Johnson recommended that Delores Rangel
receive a performance evaluation.
Small Business Relief:
Mayor Petrolia received a letter from Small Business Relief asking for a
minimum of $10,000 in grants or low interest rate loans for struggling
businesses. She believes that if the City distributed $10,000 to 6,000
local companies, it would total $60 million. Unfortunately, the City is
struggling to ensure that its residents continue to be served.
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Abatement:
There was an issue about rate abatement/deferment and non eviction
until Phase 3 of the pandemic. Mayor Petrolia informed the
Commission that she would respond "In Kind," stating that this was a
private matter, and the City would not get involved.
Additional Updates:
The Commission has agreed to stop saying prayers at the meetings
in order to keep church and government entities separate.
There being no further business to discuss, Mayor Petrolia adjourned
the meeting at 9:26 p.m.
Page 33City of Delray Beach Printed on 12/2/2020
ATTEST:
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the July 21, 2020 City
Commission Regular Meeting held on July 21, 2020, which Minutes were
formally approved and adopted by the City Commission on December 1, 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.