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June 2, 2020 Regular City Commission Meeting Minutes Finale w- signature pageTuesday, June 2, 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 June 2, 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 number 6.G.1 be pulled until the next 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 City Manager Gretsas will provide his update at the end of the meeting. B. From the Public James Wallace, 250 Congress Park Drive, Delray Beach, expressed his disappointment that an Elected City Official (Commissioner) made a mis-gender comment on Facebook to the LBGTQ Community and said that city officials should be held to a higher standard. Krystina Buckley, 5134 Van Buren Road, expressed concern regarding the mis-gender statement that was made by the Commissioner towards her Page 1City of Delray Beach Printed on 7/8/2020 June 2, 2020City Commission Minutes - Final and her disappointment that she has yet to receive an apology from her or any of the other Commissioners or the CRA Board. Reginald Cox, 715 NW 2nd Street, Delray Beach, stated that his title for his public comments is “Stop the Vicious Cycle”. Mr. Cox expressed his disappointment in the Commission's decisions and feels like the Commission is pushing the will of the people aside. Laura Dickerson, 865 Bluebird Drive, Delray Beach, asked for direction from the Commission on how to educate the residents with regards to the protests that are going on and the importance of voting. 6. CONSENT AGENDA: City Manager Recommends Approval approved as amended Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 6.A.20-331 CITY COMMISSION MEETING MINUTES Recommendation:Motion to approve meeting minutes as listed below: May 7, 2020 Special City Commission Meeting Minutes May 9, 2020 Special City Commission Meeting Minutes May 19, 2020 Regular City Commission Meeting Minutes Sponsors:City Clerk Department Agenda Cover Report May 7, 2020 Special City Commission Meeting Minutes May 9, 2020 Special City Commission Meeting Minutes May 19, 2020 Regular Meeting Minutes Attachments: approved 6.B.20-328 RESOLUTION 80-20: REQUESTING APPROVAL OF AN AGREEMENT WITH FLORIDA POWER AND LIGHT TO INSTALL NEW LED STREET LIGHTS IN THE ALLEYWAYS OF 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.80-20 to approve an Agreement with Florida Power to install new Street LED Lights in the alleyways for the SW 4th St., SW 6th St., SW 7th Ave. & SW 3rd Ct. Neighborhood Improvements Project. The lighting will be designed and installed by Florida Power and Light (FPL). Sponsors:Public Works Department Page 2City of Delray Beach Printed on 7/8/2020 June 2, 2020City Commission Minutes - Final Agenda Cover Report Resolution 80-20 Delray 4th Street New Lights in Alleys Job Sketch Delray Beach 4th Street New Lights (Alleys) LT1 Street Light Agreement Delray Beach SL 4th New Lights on Alleys Generator Simple Legal Review Approval FPL LED Agreement Alleys Attachments: approved 6.C.20-343 APPROVAL OF AMENDMENT NO. 1 - RETROACTIVELY RENEWING THE CITY’S AGREEMENT WITH PFM FINANCIAL ADVISORS, LLC FOR FINANCIAL ADVISORY SERVICES (RFP 2017-025) Recommendation:Motion to Approve Amendment No. 1 and retroactive approval with PFM Financial Advisors, LLC to renew the Agreement under the same terms and conditions in the amount of $75,000 for the one-year term, of which $75,000 is budgeted for FY 2020, and authorize the City Manager to approve renewal options, in the same amounts, contingent on appropriations of funds. Sponsors:Finance Department and Purchasing Department Agenda Cover Report Legal Review Checklist Amd #1 PFM Financial Advisors Resolution No. 17-20 PFM renewal Amd #1 to RFP 2017-025 - Agreement Renewal PFM Financial Advisory Attachments: approved 6.D.20-344 APPROVAL OF AMENDMENT NO. 2 RENEWING THE CITY’S AGREEMENT WITH HOME DEPOT U.S.A., INC. FOR JANITORIAL SUPPLIES (ITB 2017-052) Recommendation:Motion to Approve Amendment No. 2 with Home Depot U.S.A. Inc., to renew the Agreement under the same terms and conditions in the amount of $ 248,500. Sponsors:Purchasing Department Agenda Cover Report Legal Review Checklist Amendment #2 ITB 2017-052 Janitorial Supplies ITB 2017-052- Agreement Amendment 2-Renewal Attachments: Page 3City of Delray Beach Printed on 7/8/2020 June 2, 2020City Commission Minutes - Final approved 6.E. PROCLAMATIONS: 6.E.1.20-350 GUN VIOLENCE AWARENESS DAY PROCLAMATION Recommendation:Motion to declare the first Friday in June to be National Gun Violence Awareness Day in the City of Delray Beach. Sponsors:City Clerk Department Agenda Cover Report Gun Violence Awareness Day Attachments: approved 6.F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.F.1. None 6.G. AWARD OF BIDS AND CONTRACTS: 6.G.1.20-255 APPROVAL OF RESOLUTION NO. 63-20 TO AWARD AN AGREEMENT WITH RIC-MAN CONSTRUCTION, INC FOR ALLEY ENHANCEMENT PROJECT PURSUANT TO ITBC 2020-018 (PROJECT NO.19-008) - $791,445 Recommendation:Motion to Approve Resolution No. 63-20 to award an Agreement with Ric-Man Construction, Inc. for Alley Enhancement project pursuant to ITBC No. 2020-018 (Project No. 19-008) - $ 791,445 Sponsors:Public Works Department and Purchasing Department Agenda Cover Report Ric-Man Constr Inc Resolution 63-20 Signed Agreement Alley Enhancement Legal Review Checklist Alley Enhancement Copy of Excel_Tabulation_for_Bid_ITBC_2020-018 FDOT FORMS Alley Enhancement Signed Attachments: tabled 7. REGULAR AGENDA: 7.A.20-314 RESOLUTION NO. 90-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR APPROVAL OF THE CLASS III (2020-024) SITE PLAN MODIFICATION FOR 166 SE 2ND AVENUE; APPROVING A CHANGE OF USE FROM STANDALONE BAR TO RESTAURANT, SITE PLAN, LANDSCAPE PLAN AND ARCHITECTURAL ELEVATIONS PURSUANT TO SECTION Page 4City of Delray Beach Printed on 7/8/2020 June 2, 2020City Commission Minutes - Final 2.4.5(G)(1)(c) “MODIFICATIONS TO SITE AND DEVELOPMENT PLANS” AND (LDR) SECTION 3.2.3 “STANDARDS FOR SITE PLAN OF THE LAND DEVELOPMENT REGULATIONS BY FINDING THAT THE REQUEST IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND MEETS THE CRITERIA SET FORTH IN THE LAND DEVELOPMENT REGULATIONS, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI-JUDICIAL). Recommendation:Review and consider Resolution No. 90-20, a Class III Site Plan Modification, Landscape Plan, and Architectural Elevations for Taquiza Restaurant located at 166 SE 2nd Avenue. Sponsors:Development Services Department Agenda Cover Report Res. No. 90-20 Taquiza Appeal.docx SPRAB Report Taquiza 166 SE 2nd Avenue Res No. 208-19 Parking Agreement Parking Space Agreement and Covenant Taquiza 166 SE 2nd Avenue Plan Set Landscape Plans.pdf Attachments: Mayor Petrolia read the Quasi-Judicial rules into the record. Mayor Petrolia asked for ex-parte disclosures from the Commission and the following was disclosed: ·Vice Mayor Boylston spoke with Brian Rosen via telephone. ·Deputy Vice Mayor Johnson spoke with Mr. Schiller several times. ·Commissioner Frankel spoke with Mr. Schiller on the phone and there were several emails as well that would be on the city server. ·Commissioner Casale received emails but did not speak to anyone. ·Mayor Petrolia spoke to Mr. Schiller as well as emails available on the city server. Anthea Gianniotes, Director of Development Services read file 2020-024 into the record. The City Clerk swore in those individuals that were present in the 1st Floor Conference Room at City Hall who wished to give testimony on this item. Neil Schiller, with Saul, Ewing, Arnstein, and Lehr, 515 N. Flagler Drive, on behalf of the applicant stated that he was present for the appeal of the Class III site modification for 166 SE 2nd Avenue and gave a presentation Page 5City of Delray Beach Printed on 7/8/2020 June 2, 2020City Commission Minutes - Final for the Commission. He stated that the plans were previously approved on the consent agenda at the SPRAB meeting held on November 19, 2019. Mr. Mark Henley, Architect and Mr. Chris Cabasis, Landscape Architect for the project both gave presentations on the project. Mr. Cabasis reported that the landscape plan utilizes plants that are native to Florida. Attorney Gelin stated that although SPRAB (Site Plan and Appearance Board) approved the appeal, the City Commission is not bound by their decision. Anthea Gianniotes, Director of Development Services provided a staff report presentation on items 7.A. and 7.B. to the Commission. approved Yes:Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, and Vice-Mayor Boylston 3 - No:Mayor Petrolia, and Commissioner Casale2 - 7.B.20-352 ACCEPTANCE OF A TOTAL OF A 74 SQUARE FOOT EASEMENT DEED FOR A PEDESTRIAN CLEAR ZONE, 116 SQUARE FOOT RIGHT OF WAY DEDICATION TO THE ALLEY AND A LANDSCAPE MAINTENANCE AGREEMENT FOR THE TREES LOCATED ON SE 2ND AVENUE OF THE PROPERTY LOCATED AT LOT 14, BLOCK 78, MAP OF THE TOWN OF LINTON (KNOWN AS DELRAY BEACH), ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FROM BROSEN 1 DELRAY LLC "THE GRANTOR" FOR THE SUBJECT PROPERTY LOCATED AT 166 SE 2ND AVE. Recommendation:Acceptance of an Easement Deed for a Pedestrian Clear Zone, Right-of-Way Dedication, and Landscape Maintenance Agreement for 166 SE 2nd Avenue. Sponsors:Development Services Department Agenda Cover Report Landscape Maintenance Agreement Legal Review Landscape Maintenance Agreement Brosen 1 Delray Pedestrian Clear Zone Easement Deed Legal Review Pedestrian Clear Zone Easment Brosen 1 Delray Right of Way Deed Legal Review Right of Way Deed Bronsen I Delray ROW Attachments: approved Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, and Vice-Mayor Boylston 4 - Page 6City of Delray Beach Printed on 7/8/2020 June 2, 2020City Commission Minutes - Final No:Commissioner Casale1 - 7.C.20-312 RESOLUTION NO. 46-20: 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 FIVE-LOT SUBDIVISION KNOWN AS “ESTATES AT OCEAN DELRAY”, WHICH CONSISTS OF TWO EXISTING LOTS OF RECORD DESCRIBED AS LOTS 1 AND 2, DEL HARBOUR SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, PAGE 148, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, LOCATED ON THE SOUTHWEST CORNER OF SOUTH OCEAN BOULEVARD AND DEL HARBOUR DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL) Recommendation:Review and consider Resolution No. 46-20, a request for final approval of a major subdivision plat with waivers from Section 4.3.4(K) of the Land Development Regulations for the Estates at Ocean Delray Plat,1060 Del Harbour Drive. Sponsors:Development Services Department Agenda Cover Report Res. No. 46-20 (1060 Del Harbour Plat).docx Res. No. 46-20 Exhibit B Estates at Ocean Delray Plat Estates at Ocean Delray-Location Map Estates at Ocean Delray Plat-PZB Staff Report Estates at Ocean Delray Plat-Justification Letter Estates at Ocean Delray-Legal Review Form Attachments: City Attorney Gelin read Resolution No. 46-20 into the record. The City Clerk swore in those individuals that were present in the 1st Floor Conference Room who wished to give testimony on this item. Mayor Petrolia asked for ex-parte disclosures from the Commission and the following was disclosed: ·Commissioner Casale spoke to former Mayor Carney. ·Commissioner Frankel spoke on the phone with former Mayor Carney. ·Deputy Vice Mayor spoke to former Mayor Carney. ·Vice Mayor Boylston spoke with former Mayor Carney. ·Mayor Petrolia spoke with former Mayor Carney. Page 7City of Delray Beach Printed on 7/8/2020 June 2, 2020City Commission Minutes - Final Anthea Gianniotes, Director Development Services, read file 20-312 into the record. There was a five-minute pause for public comment from 5:37p.m. until 5:42p.m. Carol Selig, 2000 S. Ocean Blvd, Unit 704, Delray Beach, was opposed to rezoning from two lots to five lots. She said that there is presently too much traffic and does not want to see any more density added to the area. Nancy Lierle, 2000 S. Ocean Blvd, Unit Y9, Delray Beach, was opposed to adding more density. Ron Getschow, 1011 Del Harbor Drive, Delray Beach, was opposed to adding more density and spoke about the traffic on Del Harbor Drive and A1A going northbound and that it would only get worse. Susan Dmotrovsky,1877 S. Ocean Blvd., Delray Beach, is totally against adding density/waiver to this area because the traffic will become worse. Ted Ackerman, 1054 Del Harbor Drive, Delray Beach, expressed that adding more homes to this community wouldn’t be beneficial to its residents and he was opposed to adding more density. The City Clerk stated that there were no more public comments. Mayor Petrolia requested Mr. Carney give a brief overview since there was a power outage due to the storm, followed by a brief break. Mr. Carney clarified that he is not asking for an increase in density nor is he asking for a setback and based on a traffic study, there would not be any negative impact to the traffic in the area. Anthea Gianniotes, Director of Development Services, briefly completed her presentation that had been interrupted when there was a power outage, clarifying that there are no new units being proposed with this project. The Commission took a three-minute recess for public comments from 6:04 p.m. - 6:07 p.m. so that people who were not able to call in during the power outage now had the opportunity to do so. Mayor Petrolia stated that those who call in will have to be sworn in by the City Clerk. The City Clerk stated that there were no more public comments. Page 8City of Delray Beach Printed on 7/8/2020 June 2, 2020City Commission Minutes - Final Mayor Petrolia asked if there was any cross examination or rebuttal and there was none. approved Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 7.D.20-214 RESOLUTION NO. 48-20: 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 TWO LOT SUBDIVISION KNOWN AS “LAKE IDA GARDENS”, WHICH CONSISTS OF ONE EXISTING LOT OF RECORD DESCRIBED AS THE NORTH 101.3 FEET OF THE SOUTH 200 FEET OF THE NORTH 248.85 FEET OF LOT 37, SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WEST OF THE 33 FOOT RIGHT OF WAY LINE OF N.E. 2ND AVENUE, LESS THE WEST 468 FEET THEREOF, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LOCATED ON THE SOUTHWEST CORNER OF NE 2ND AVENUE AND NE 17TH STREET WITHIN THE R-1-A ZONING DISTRICT, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL) Recommendation:Review and consider Resolution No. 48-20, a request for final approval of a major subdivision plat with waivers from LDR Section 4.3.4(K) of the Land Development Regulations for the property located at 126 NE 17th Street known as Lake Ida Gardens. Sponsors:Development Services Department Agenda Cover Report Lake Ida Gardens Resolution No. 48-20 Lake Ida Gardens Plat-Proposed Plat Lake Ida Gardens Plat-Location map (126 NE 17th Street) Lake Ida Gardens Plat-PZB Staff Report Lake Ida Gardens Plat-Justification Statement / Waiver Request Lake Ida Gardens Plat-Resolution No. 48-20, Exhibit C Lake Ida Gardens Plat- Res No 48-20, Legal Review Attachments: City Attorney Gelin read Resolution No. 48-20 into the record. The City Clerk swore in those individuals that were present in the 1st Floor Conference Room who wished to give testimony on this item. Mayor Petrolia asked for ex-parte disclosures from the Commission and Page 9City of Delray Beach Printed on 7/8/2020 June 2, 2020City Commission Minutes - Final the following was disclosed: ·Commissioner Frankel spoke to Tom Laudani from Seaside Builders. ·Deputy Vice Mayor Johnson spoke with a representative for the builder. ·Mayor Petrolia spoke with Tom Laudani from Seaside Builders. Anthea Gianniotes, Director Development Services, read file number 2020-018 into the record. Christofer A. Bennardo, Esq, Boca Raton, gave a presentation highlighting the project. Anthea Gianniotes, Director of Development Services provided a staff report presentation to the Commission. The Commission recessed for a five-minute pause for public comment from 6:35 p.m. - 6:40 p.m. Mayor Petrolia expressed concern that should there be a loss of power again, the Commission should pick an alternative date and time to resume the remainder of the items from this evening’s meeting. The date of Friday, June 5, 2020 at 9:00 a.m. was agreed upon in the event of continued power losses due to the weather. The following public comment was given: Nina Jacobs, 121 NE 17th Street, Delray Beach, is opposed to item 7.D. (Resolution Number 48-20) for the following reasons: ·Parking is scarce now and will only get worse with more houses. ·Foliage will be torn down in the interest to make money on more homes. ·In looking to the future, this will make a larger carbon footprint. Mayor Petrolia opened the floor for cross examination and rebuttal from the applicant. Mr. Bennardo provided the following rebuttal: As the house stands now, it is an eye sore and it has many code violations. He reported that the intention of his client is to make a presentable and conforming home like Ms. Jacobs, which is the same size. Page 10City of Delray Beach Printed on 7/8/2020 June 2, 2020City Commission Minutes - Final There were no further rebuttals. Deputy Vice Mayor Johnson shared that she is thankful something is finally being done with this property. approved Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 7.E.20-251 RESOLUTION NO. 68-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR APPROVAL OF THE CLASS II (2020-029) SITE PLAN MODIFICATION FOR 100 GLEASON STREET; APPROVING TWO APPURTENANCES THAT EXCEED THE HEIGHT LIMIT PURSUANT TO SECTION 4.3.4(J)(3) “EXCEPTIONS TO DISTRICT HEIGHT LIMITATIONS” OF THE LAND DEVELOPMENT REGULATIONS BY FINDING THAT THE REQUEST IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND MEETS THE CRITERIA SET FORTH IN THE LAND DEVELOPMENT REGULATIONS, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI-JUDICIAL). Recommendation:Review and consider Resolution No. 68-20, providing direction to draft a final resolution consistent with City Commission direction for the Mayor's signature. Sponsors:Development Services Department Agenda Cover Report Res No 68-20_100 Gleason ST Class II.docx 100 Gleason ST Class II Plans.pdf 100 Gleason ST SPRAB Staff Report 11-20-19 100 Gleason ST SPRAB Memo 12-11-19 BPOA Appurt Letter Res. No. 68-20 100 Gleason ST Appeal Legal Review Attachments: City Attorney Gelin read Resolution No. 68-20 into the record. The City Clerk swore in those individuals that were present in the 1st Floor Conference Room who wished to give testimony on this item. Mayor Petrolia asked for ex-parte disclosures from the Commission and the following was disclosed: ·Vice Mayor Boylston spoke with Ms. Miskel. ·Deputy Vice Mayor Johnson emailed as well as spoke to Ms. Miskel. ·Commissioner Casale had emails from Ms. Miskel on the city Page 11City of Delray Beach Printed on 7/8/2020 June 2, 2020City Commission Minutes - Final server. ·Commissioner Frankel had emails on the city server. ·Mayor Petrolia emails on the city server. Anthea Gianniotes, Director of Development Services read file number 2020-029 into the record. Ms. Bonnie Miskel, 200 E. Broward Blvd, stated that architect who is the principal witness on this item was not able to be present and would like to request a postponement for the next available meeting of the City Commission. There was a consensus to postpone Resolution No. 68-20 until June 16, 2020 Commission Meeting. tabled 7.F.20-324 NOMINATION FOR APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD Recommendation:Motion to approve nomination for appointment for four (4) regular members to serve on the Downtown Development Authority Board for a three (3) year term ending July 1, 2023. Sponsors:City Clerk Department Agenda Cover Report Exhibit A Benson Bruno Conde Devitt Evans Fredericks McGinnis Mangel Pellegrino Smith Sylvestre Townsend Warner Webb Zeller Zirilli Attachments: Commissioner Casale nominated Ms. Mavis Benson. It was seconded by Page 12City of Delray Beach Printed on 7/8/2020 June 2, 2020City Commission Minutes - Final Commissioner Frankel. A roll call was taken, and all were in favor of appointing Ms. Mavis Benson to the Downtown Development Authority Board. The motion carried 5-0. Vice Mayor Boylston nominated Mr. Scott Webb. It was seconded by Deputy Vice Mayor Johnson. A roll call vote was taken, and all were in favor of appointing Mr. Scott Web to the Downtown Development Authority Board. The motion carried 5-0. Deputy Vice Mayor Johnson nominated Mr. Sandy (Allen) Zeller. It was seconded by Commissioner Frankel. A roll call vote was taken, and all were in favor of appointing Mr. Sandy (Allen) Zeller to the Downtown Development Authority Board. The motion carried 5-0. Mayor Petrolia nominated Dr. John Conde. It was seconded by Commissioner Frankel. A roll call vote was taken, and all were in favor of appointing Dr. John Conde to the Downtown Development Authority Board. The motion carried 5-0. approved Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 7.G.20-325 NOMINATION FOR APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY BOARD Recommendation:Motion to approve nomination for appointment for one (1) regular member to serve on the Community Redevelopment Agency Board for a four (4) year term ending June 4, 2024. Sponsors:City Clerk Department Agenda Cover Report Exhibit A CRA Adamo Blankstein Brinson Brooks Lieberman Purdo Ratlieff Rose Walker Zirilli Attachments: Page 13City of Delray Beach Printed on 7/8/2020 June 2, 2020City Commission Minutes - Final Mayor Petrolia clarified that it was decided at the last meeting, June 2, 2020, to start the rotation of appointments with Seat #1 regardless of how the two original members were appointed initially. Commissioner Frankel addressed the decision of the City Commission in 2013, which directed city staff to issue deadlines for the submission of applications for all advisory boards and that was not followed with this particular appointment. Deputy Vice Mayor Johnson thanked Ms. Brinson for her services to the CRA Board. approved Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 7.H.20-349 DESIGNATION OF VOTING DELEGATE. Recommendation:Designation of voting delegate and alternate(s) to the Palm Beach County League of Cities. Sponsors:City Clerk Department Agenda Cover Report Voting Delegate Form (002) Attachments: Commissioner Frankel nominated Deputy Vice Mayor Johnson. It was seconded by Vice Mayor Boylston. A roll call vote was taken, and all were in favor of appointing Deputy Vice Mayor Johnson as the Designated Voting Delegate. The motion carried 5-0. Deputy Vice Mayor Johnson nominated Commissioner Casale as an alternate for Voting Delegate. It was seconded by Commissioner Frankel. A roll call vote was taken, and all were in favor of appointing Commissioner Casale as an alternate Voting Delegate. The motion carried 5-0. Deputy Vice Mayor Johnson nominated Commissioner Frankel as a third alternate. It was seconded by Commissioner Casale. A roll call vote was taken, and all were in favor of appointing Commissioner Frankel as a third alternate Voting Delegate. The motion carried 5-0. approved Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 7.I.20-348 DISCUSSION AND DIRECTION REGARDING THE HANDLING OF REQUESTS RECEIVED FOR EXCUSAL OF PAYMENTS BASED ON INVOCATION OF FORCE MAJEURE CONTRACTUAL PROVISIONS Recommendation:Staff seeks direction regarding the handling of requests received for Page 14City of Delray Beach Printed on 7/8/2020 June 2, 2020City Commission Minutes - Final excusal of payments based on invocation of force majeure contractual provisions. Sponsors:Finance Department Agenda Cover Report OCEANSIDE AGREEMENT OCEANSIDE AMENDMENT NO1 Oceanside Beach Service Inc. Letter 4.27.20 OCEANSIDE RFP 2018-046 FINAL OSTERIA dba ELISABETTA'S AGREEMENT 10.29.19 Osteria Numero Uno Ltd dba Elisabettas Amendment No. 1 to the Parking License Agreement THE GROVE HOSPITALITY GROUP AGREEMENT 10.29.19 The Grove Hospitality Group LLC Amendment No. 1 to the Parking License Agreement DELRAY TACO AGREEMENT 10.29.19 Delray Taco LLC dba Roccos Tacos Amendment No. 1 to the Parking License Agreement LSMS INC dba TRAMONTI RESTAURANT AGREEMENT 12.2.19 LSMS Inc. dba Tramonti Restaurant Amendment No. 1 to the Parking License Agreement Tramonti Letter 4.7.20 The Grove Letter 5.21.20 Rocco's & E;ozabetta's Request Letter - Herbst Attachments: Marie Kalka, Finance Director, stated that at the May 5, 2020 Commission meeting, under the Invocation of Force Majeure Contractual Provisions, the Commission voted to excuse four (4) vendors that provide the city services from payments while under a State of Emergency. Ms. Kalka came before the Commission to state that she has received five (5) additional requests from city vendors that are also requesting the same excusal of payments based on the Force Majeure Contractual Provisions. Mayor Petrolia asked for a motion for discussion. Vice Mayor Boylston made a motion for discussion. It was seconded by Commissioner Frankel. Mayor Petrolia said that it would be unfair to charge businesses that perform services such as beach chair rentals, valet parking, which were not able to provide their services during the State of Emergency. She felt it was only fair that they be excused from payment for the two months that they had no revenue generated. City Attorney Gelin stated that this item was for direction only and did not require a vote. Page 15City of Delray Beach Printed on 7/8/2020 June 2, 2020City Commission Minutes - Final consensus 7.J.20-351 RATIFICATION OF EMERGENCY REGULATIONS RELATED TO COVID-19 ACTIVATED UNDER CHAPTER 95 OF THE DELRAY BEACH CODE OF ORDINANCES Recommendation:Motion to Ratify 9th and 10th Extensions of State of Emergency, 1st Extension of Emergency Declaration dated April 9, 2020 requiring facial coverings until May 9, 2020, 2nd Extension of Emergency Declaration dated April 30, 2020, Emergency Declaration dated May 8, 2020 - Termination of Stay at Home Order, Emergency Declaration dated May 8, 2020 - Termination of Use of Masks by Residents and Visitors, Resolution 89-20, Resolution 91-20, Resolution 93-20, and Resolution 98-20. Sponsors:City Attorney Department Agenda Cover Report 9th Extention Emergency Declaration - COVID-19 10th Extension Emergency Declaration - COVID-19 1st Ext. of Emergency Declaration (Use of Mask) thru May 9 2020 Secondextensionofstateofem 3-28-2020 - Stay at home order Termination of Use of Masks Termination of Stay at Home Order Resolution 89-20 COVID -19 Resolution 91-20 - COVID-19 Amending 81-20 Beach Re-opening COVID Reso 93-20 CONTINUED PHASE 1 REOPENING Resolution 98-20 - COVID 19 (amending 91-20 full beach reopening no restrictions) Attachments: Discussion ensued with the Commission regarding the wearing of face coverings/masks. approved Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 7.K. DISCUSSION REGARDING INTERNAL AUDITOR POSITION Mayor Petrolia expressed concern that the Commission should focus on if an Internal Auditor is needed as well as who it should be, and by which means to find one. Mayor also questioned if this was even the right time for this discussion. Deputy Vice Mayor Johnson stated that on March 15, 2016, wherein seventy-five (75) percent of the voting residents voted to mandate the City to hire an Internal Auditor and it took 2 years and 5 months to even accomplish that. She is hoping that the City will have a better outcome this time. Page 16City of Delray Beach Printed on 7/8/2020 June 2, 2020City Commission Minutes - Final Vice Mayor Boylston stated that he would be in favor of hiring an Internal Auditor but felt that it should be a discussion at a later date, or possibly a workshop. He also spoke to City Attorney Gelin to ensure the City was not violating any rule by not having an auditor in place at this time and she assured him that the City was not in jeopardy of doing anything wrong. Commissioner Frankel is in favor of the Commission body as a whole to discuss this at a workshop meeting at a later date. Commissioner Casale reviewed the Internal Auditor section of the City’s website and looked at the 2019 report which shows the City as being high risk in the following four critical areas: Finance, IT, Purchasing and Parks and Rec. She feels the City needs to do something such as perhaps designating very specific areas of focus for the internal auditor to address. Mayor Petrolia is in favor of moving forward with this but feels it might be difficult to accomplish during a pandemic. Deputy Vice Mayor Johnson feels since Dr. Julia Davidyan already has a working knowledge of the City that there are areas she could look into without delaying the process. She also clarified that the work of the auditor would be directed by the Commission. approved Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, and Commissioner Casale3 - No:Commissioner Frankel, and Vice-Mayor Boylston2 - City Attorney Gelin asked for direction on providing the independent contractor’s agreement at the next scheduled regular meeting and received consensus to do so. 7.L.20-377 Discussion regarding Recommendations and requests from the Economic Development Task Force and Re-Open Task Force Recommendation:Discussion regarding recommendations and requests from the Economic Development Task Force and Re-open Task Force. Sponsors:Economic Development Department Agenda Cover Report Delray Beach Re Open Task Force.Requests.5.19.20.final - Exhibit 1 Attachments: City Manager Gretsas shared that Laura Simon and Stephanie Immelman from the Downtown Development Agency (DDA) will be speaking regarding some of their pressing issues. Page 17City of Delray Beach Printed on 7/8/2020 June 2, 2020City Commission Minutes - Final Stephanie Immelman spoke about what the concerns were from restaurant/business owners such as outdoor use by some of the bars and valet parking. Todd Hertz stated that the takeout/curbside pickup has helped the restaurants but cannot sustain them. Mr. Hertz went on say that in speaking with other restaurateurs, closing the streets would greatly diminish business. He stated Clematis Street tried opening the restaurants one night a week and found it not to be successful, especially at this time of the year. Mayor Petrolia stated that the elderly people expressed to her that they do not feel comfortable going out to eat downtown. She has received reports of people passing by seeing crowds not wearing masks and that it is a deterrent for those people. Laura Simon spoke about the importance of making the residents as well as the retail stores feel comfortable and safe when trying to re-open. Ms. Simon suggested that a Monday or Wednesday night would be a more desirable evening to open up the downtown and shared that it would be hard to mandate wearing masks. Vice Mayor Boylston agreed the “Masked Monday Promotion” that Ms. Simon suggested would be a great idea and he would be in favor of valet parking. He also shared that there are some “safe spots” for people to go out and feel comfortable and should be looked into. Commissioner Frankel stated that getting the valet parking up and running would be good and suggested tail gate tents as opposed to umbrellas. He is also not in favor of standalone bars at this time. City Manager Gretsas stated that it would be helpful to get direction from the Commission on the policy questions or requests from Ms. Simon. Laura Simon stated that the Economic Development Task Force and Re-Open Task Force suggested “temporary permit” uses such as the tail gate tents and asked the Commission for direction on the suggestion of street closures. Mayor Petrolia expressed her concern that the tents would not be very attractive but if the tents would help businesses to get back on their feet, she would be in favor of it on a limited basis. Vice Mayor Boylston suggested trying the tents for thirty days. Page 18City of Delray Beach Printed on 7/8/2020 June 2, 2020City Commission Minutes - Final Deputy Vice Mayor Johnson stated that she thought the topics being discussed would be more suitable for a workshop meeting. Commissioner Frankel stated that he is not in favor of closing Atlantic Avenue especially as we enter hurricane season, as it is an escape route; however, he would be in favor of tent dining as Vice Mayor Boylston suggested on a trial basis. Laura Simon asked for direction from the Commission on employee testing sites downtown and additional hand sanitizer stations based on the recommendations from the small business grants. She also commented that the restaurateurs would like to see the fees from delivery services (Uber Eats, etc.,) be capped. City Attorney Gelin expressed concern about regulating a private contract between two parties in which the City is not involved in. Commissioner Frankel also agreed the government should not interfere in an agreement that is mutually agreed upon between two parties. Discussion with the Commission ensued regarding the hand sanitizing station costs and the business grant requirements. Both Laura Simon and Stephanie Immelman thanked the Commission for their feedback and recommendations. 7.M.20-376 Discussion iTEM FROM Ameristar Valet Recommendation:Discussion item from Ameristar Valet. Sponsors:Economic Development Department Agenda Cover Report Exhibit 1 Attachments: City Manager Gretsas stated that John Powers from Ameristar Valet was present and ready to give a brief presentation for the Commission. Mr. Powers addressed the Commission to request to be reopened and provided the sanitary precautions that their staff will follow moving forward, so they can be reopened. Ameristar also requested that the City suspend valet queue fees until January 1, 2021, in exchange, Ameristar would eliminate the validation program by charging a flat ten-dollar parking charge. He shared that Ameristar is a local company that is very much a part of the community and has been offering parking downtown since 2000. Mr. Powers expressed that he did discuss the valet parking layout plans with the Fire Chief and Police Chief, and they were not opposed to a trial Page 19City of Delray Beach Printed on 7/8/2020 June 2, 2020City Commission Minutes - Final run of the proposed plan. Commissioner Casale questioned what suspending the valet queue fees would cost the City. City Manager Gretsas shared, per staff, that the cost to the City would be about six thousand dollars per month. Mayor Petrolia asked for staff clarification on this. Missie Barletto, Director of Public Works stated that the City would lose roughly six thousand dollars a month in revenue. Mr. Powers from Ameristar stated that those figures include other valet vendors and it would be more like thirty-three hundred dollars a month for them. Vice Mayor Boylston shared that he was in favor of Ameristar’s plan. Commissioner Frankel stated that he was also in agreement as well but suggested adding a 60-day look-back clause. Mayor Petrolia stated that she would feel more comfortable having the input from the Police and Fire Department. Vice Mayor Boylston stated the importance of marketing the downtown for business. He also stated that he would be in favor of the pilot program proposed by Ameristar and would like to revisit it in ninety days. Continued discussion ensued with the Commission about the fees, potential loss of free parking and loss of revenue. Mr. Todd Herbst shared his concerns from the restaurant and business owner perspective with respect to what this valet parking program means to them. Attorney Gelin expressed to the Commission that Ameristar manages the valet for certain restaurants and stated that the City does not have an agreement with Ameristar. If the City intends to move forward with this pilot program, then current agreements would need to be amended based on the direction and will of the Commission. Deputy Vice Mayor Johnson stated that this discussion should take place in a workshop. City Attorney Gelin recommended that the discussion continue in the next City Commission Workshop meeting (June 9, 2020) where the Public Works, Police, Fire Department, etc. could be present and to provide additional information to the Commission. Commissioner Frankel stated that he would be in favor of further Page 20City of Delray Beach Printed on 7/8/2020 June 2, 2020City Commission Minutes - Final discussion in a workshop, however, he expressed his concern that the valet is crucial and is vital to allow the existing queues to be up and running as soon as the next day. There was a consensus to allow the existing queues to open up on June 3, 2020 and further the discussion of this pilot program at the City Commission Workshop meeting on June 9, 2020. 8. PUBLIC HEARINGS: 8.A.20-345 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 SECTION 57.02, “DEFINITIONS”, “COMMUNICATIONS SERVICES”; AMENDING SECTION 57.03(G), “REGISTRATION FOR PLACING OR MAINTAINING COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY”; AMENDING SECTION 57.05(Q), “PLACEMENT OR MAINTENANCE OF A COMMUNICATIONS FACILITY IN PUBLIC RIGHTS-OF-WAY”; AMENDING SECTION 57.07, “APPEALS”; AMENDING SECTION 57.12, “CONSTRUCTION BOND”; BY REPEALING SECTION 57.13, “SECURITY FUND”; AND AMENDING THE CODE OF ORDINANCES BY ADOPTING A 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: City Attorney Gelin gave a reminder that this item would require a short recess to allow for public comment. She suggested that if the Commission desired to postpone this to the June 16, 2020 meeting at 4:00 p.m., they could move to do so. tabled Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - Page 21City of Delray Beach Printed on 7/8/2020 June 2, 2020City Commission Minutes - Final 9. FIRST READINGS: 9.A.20-309 ORDINANCE NO. 01-20: 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 FOUR, “ZONING REGULATIONS”, ARTICLE 4.4, “BASE ZONING DISTRICT”, SECTION 4.4.13, “CENTRAL BUSINESS DISTRICT (CBD)”, BY AMENDING SUBSECTION 4.4.13(I)(2)(i) “CBD PARKING STANDARDS”, “MINIMUM NUMBER OF OFF-STREET PARKING SPACES” TO NOT REQUIRE ADDITIONAL PARKING FOR CHANGES IN USE IN EXISTING COMMERCIAL BUILDINGS AND ANY ASSOCIATED OUTDOOR AREAS WITHIN THE WEST ATLANTIC NEIGHBORHOOD SUB-DISTRICT, PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) Recommendation:Review and consider Ordinance No. 01-20 on First Reading, privately-initiated amendments to the Land Development Regulations (LDR) Section 4.4.13, Central Business District (CBD), to eliminate the requirement to provide additional off-street parking spaces for outdoor uses associated with existing building located within the West Atlantic Neighborhood Sub-district of the Central Business District, and extend the parking exemption from December 31, 2020 to December 31, 2023. Sponsors:Development Services Department Agenda Cover Report Ord No 01-20 WAN Sub-district Parking Exemption Ord No 01-20 PZB Staff Report Ord No 01-20 Applicant Request Ord No 01-20 Legal Review Approval Attachments: City Attorney Gelin read Ordinance 01-20 into the record. Neil Schiller, Saul Ewing, Arnstein & Lehr, 515 N. Flagler Drive, West Palm Beach, gave a presentation regarding this request to allow business owners in the West Atlantic neighborhood sub-district who seek to expand their use to the outside area be exempted from any additional parking requirements for the use of the outdoor area. This would expand the parking requirement exemption from Ordinance No. 39-17 to be extended from December 31, 2020 to December 31, 2023. Anthea Gianniotes, Director of Development Services, gave a staff presentation on this item and answered questions from the Commission. Page 22City of Delray Beach Printed on 7/8/2020 June 2, 2020City Commission Minutes - Final 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 Due to time constraints, City Manager Gretsas will postpone his COVID-19 update. B. City Attorney None. C. City Commission Vice Mayor Boylston made the following comments: ·Gave an update on the South Intensive Transition School that was set to come to Delray Beach in the old Plumosa School site. ·Gave a presentation about a program with no cost to the City in which semi-transparent artwork (wraps) would be displayed at local bus stops. ·The cost for the art would be funded by local businesses and that it will generate funds for local school programs such as after care programs, etc. There was a consensus to have the Commission preview the artwork first before approving and implementing the project. He also spoke about the West Atlantic Redevelopment Plan update and asked the Commission for their approval to include it on the next agenda (June 16, 2020) so that it can be adopted. There was a consensus to support the request of having the updated West Atlantic Redevelopment Plan to be included on the next agenda. Commissioner Casale made the following comments: ·Requested that a traffic calming study be conducted on NW 3rd Avenue, where it connects onto Lake Ida Road and Atlantic Avenue. Deputy Vice Mayor Johnson made the following comments: ·Supports Commissioner Casale’s request for a traffic calming study and recommended that one be performed at NW 10th Avenue, as well as where Spady School exits onto Lake Ida Road. Page 23City of Delray Beach Printed on 7/8/2020 June 2, 2020City Commission Minutes - Final ·Expressed concern that the Commission was ill prepared for some of the agenda items at this meeting. ·Issues need to be discussed regarding the upcoming election. ·Questioned when the State of Emergency would be over. ·Reported on a march scheduled to be held at Pompey Park on June 3, 2020 at 5:00. The march is titled, “March Against Police Violence and Injustice.” ·Thanked the City’s leaders for how they have kept the riots from Delray Beach. ·Suggested that speeding tickets be given to people who do not follow the speed limit and that it would also bring revenue to the City. Commissioner Frankel made the following comments: ·Suggested discussing the election on the Workshop agenda scheduled for next week. ·Inquired who was organizing the march that was taking place on June 3, 2020. ·Would like an update from City Manager Gretsas regarding the beach parking permits, costs, eligibilities, etc. City Clerk Johnson informed the Commission that the Supervisor of Election is scheduled to give a virtual presentation on the June 16, 2020 Commission meeting on the early voting requirements and other election items. Mayor Petrolia made the following comments: ·Ending of the State of Emergency will cease all federal funding to the City. ·Reported that Commission meetings are primarily heavily scheduled recently due to the Quasi-Judicial Hearings. ·Thanked the Police Officers for the way they handled Monday night's vigil in the event there was an issue. There being no further business to discuss, Mayor Petrolia adjourned the meeting at 10:07 p.m. Page 24City of Delray Beach Printed on 7/8/2020 ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the June 2, 2020 Regular City Commission Meeting held on June 2, 2020, which Minutes were formally approved and adopted by the City Commission on July 7, 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.