July 7, 2020 Regular City Commission Meeting Final w signature pageTuesday, July 7, 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 7, 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.
Others present were:
Interim City Manager Jennifer Alvarez
City Attorney Lynn Gelin
City Clerk Katerri Johnson
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
Commissioner Casale made a motion to approve the agenda. It was
seconded by Vice Mayor Johnson. The motion carried by the following
vote:
approved
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel,
Vice-Mayor Boylston, and Commissioner Casale
5 -
4. PRESENTATIONS:
Interim City Manager Jennifer Alvarez introduced Fire Chief Keith Tomey to
give an update on the COVID-19 virus. Chief Tomey gave updated
numbers from the COVID-19 cases throughout the Counties in Florida and
shared what protective measures were in place within each County.
Mayor Petrolia commented about the numerous complaints that people are
not wearing masks, the use of ventilators have gone down, and that
younger people are contracting the virus. Finally, Mayor Petrolia requested
Chief Tomey to keep the Commission posted with any updates.
Interim City Manager Alvarez introduced Assistant Police Chief Jean
Sapino to give a COVID-19 update. Chief Sapino assured the
Commission that the COVID Response Team will be checking on
businesses to ensure they are in compliance. He expressed that there
have not been many calls from the community about individuals not in
compliance and that the Police Department is working with Code
Enforcement to help them in any way they can.
Commissioner Frankel complimented the Police Officers, Code
Enforcement and City Attorney Gelin on the handling of an incident at the
Wine Bar to which the owner was not in compliance.
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July 7, 2020City Commission Minutes - Final
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
B. From the Public
City Clerk Katerri Johnson explained there was one message from the last
City Commission Meeting that did not get played, therefore, it was being
included with the current days public comments.
(Public Comment From Prior Meeting)
Ms. Yvonne Odom, 3905 Lowson Blvd, expressed the following:
Return the CRA board to an independent board;
Allow the residents to own the land to which their houses sit on and not the
Community Land Trust; and
Adopt the Set Transformation Plan.
(Public Comment From Present Meeting)
Ingrid Kennamer, International Materials Inc.,760 SE 5th Avenue, Delray
Beach, wanted to recognize everyone from the City for their efforts in
moving the Building Plans along in such a timely fashion allowing IMI to be
in their new corporate headquarters located in the iPic theater by next year.
Mayor Petrolia also commended staff for a job well done in moving the
plans along, especially in the middle of a pandemic.
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. The motion was
carried by the following vote:
approved
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel,
Vice-Mayor Boylston, and Commissioner Casale
5 -
6.A.20-354 CITY COMMISSION MEETING MINUTES
Recommendation:Motion to approve meeting minutes as listed below:
Page 2City of Delray Beach Printed on 9/11/2020
July 7, 2020City Commission Minutes - Final
June 2, 2020 Regular City Commission Meeting Minutes
Sponsors:City Clerk Department
Agenda Cover Report
June 2, 2020 Regular City Commission Meeting Minutes_DRAFT
Attachments:
approved
6.B.20-460 RESOLUTION NO. 112-20: NUISANCE ABATEMENT OF THREE (3)
PROPERTIES THROUGHOUT THE CITY.
Recommendation:Motion to Approve Resolution No. 112-20 assessing costs for abatement
action required to remove nuisances on three (3) properties throughout the
City.
Sponsors:City Clerk Department
Agenda Cover Report
Res No. 112-20 Nuisance Abatement
Copy of RES NO. 112-20 - Exhibit A
Legal Review Res 112-20
Attachments:
approved
6.C.20-458 IN LIEU OF PARKING FEE AGREEMENT FOR ONE (1) SPACE FOR
OCEAN CITY LOFTS LOCATED AT 180 NE 4TH AVENUE.
Recommendation:Review and consider an In Lieu of Parking Fee agreement in the amount of
$10,140 for one (1) parking space for Ocean City Lofts, located at 180 NE
4th Avenue, subject to the condition that full payment be paid with execution
of the agreement.
Sponsors:Development Services Department
Agenda Cover Report
In Lieu Parking Agreement Ocean City Lofts 6-16-2020
Ocean City Lofts Class 1 Site Plan Modifcation
In Lieu Parking Fees and Map
Original Class V Site Plan 2005
Minutes City Commission Approval for In lIeu 2004
Simple Legal Review Approval - In Lieu Parking Ocean City Lofts.docx
Attachments:
approved
6.D.20-356 RESOLUTION NO. 88-20: EARLY LEARNING COALITION OF PALM
BEACH COUNTY SCHOOL READINESS PROGRAM FOR THE AFTER
SCHOOL PROGRAM LOCATED AT POMPEY PARK AND THE
COMMUNITY CENTER
Recommendation:Motion to approve renewal of the agreement between the Early Learning
Page 3City of Delray Beach Printed on 9/11/2020
July 7, 2020City Commission Minutes - Final
Coalition (ELC) of Palm Beach County, Inc. and the City of Delray Beach.
Sponsors:Parks & Recreation Department
Agenda Cover Report
Res_88-20_ELC
LegalReview_ELC
ELC_Contract
Delray Beach Comm Ctr_Pompey Park_providerPymnts_2019
Attachments:
approved
6.E.20-357 RESOLUTION 100-20: CHILDREN'S SERVICES COUNCIL (CSC)
SCHOLARSHIP PROGRAM FOR THE AFTER SCHOOL PROGRAM
LOCATED AT POMPEY PARK AND THE DELRAY BEACH COMMUNITY
WITH THE EARLY LEARNING COALITION (ELC) OF PALM BEACH
COUNTY, INC.
Recommendation:Motion to approve renewal of the agreement between the Children's
Services Council and the City of Delray Beach.
Sponsors:Parks & Recreation Department
Agenda Cover Report
Resolution 100-20 - Agt w Early Learning Coalition of PBC
Legal Review Checklist CSC_2020
CSC Provider Agreement 2020.2021
17521 - Pompey Park CC_ELC
17496 - Delray Beach CC_ELC
Attachments:
approved
6.F.19-1104 INTERLOCAL AGREEMENT FOR BIOLOGY PROCESSING
LABORATORY BETWEEN THE CITY OF BOCA RATON, THE CITY OF
BOYNTON BEACH AND THE CITY OF DELRAY BEACH
Recommendation:Motion to Approve an Interlocal Agreement between the City of Boca
Raton, the City of Boynton Beach and the City of Delray Beach that will
allow the parties to pre-screen their DNA sample evidence in a shared
Biology Processing Laboratory for the cost of $66,200 for the initial year.
After the initial year, the fee will be adjusted annually to reflect the
proportional shares of the actual costs. The fees, per this agreement, are
not expected to increase more than 10% per year. The estimated amount
for the initial five-year agreement term is $404,158.
Sponsors:Police Department
Page 4City of Delray Beach Printed on 9/11/2020
July 7, 2020City Commission Minutes - Final
Agenda Cover Report
Legal Review Checklist_BPL
BPL agreement 2020 final_6-24-20 with signature blocks
Attachments:
approved
6.G.20-413 ITEMS A1, A2, B1, B2, B3, AND B4 - ACCEPTANCE OF PERPETUAL
SIDEWALK EASEMENT AGREEMENT FOR 640 E. ATLANTIC AVE,
PERPETUAL SIDEWALK EASEMENT AGREEMENT FOR 126 AND 128
SE 7TH AVE, RIGHT OF WAY DEDICATION FOR 920 NE 8TH, RIGHT
OF WAY DEDICATION FOR 617 S.E. 5TH AVE., RIGHT OF WAY
DEDICATION FOR 170 MARINE WAY AND RIGHT OF WAY
DEDICATION FOR 9 NW 17TH ST.
Recommendation:Consideration of the following items:
PERPETUAL SIDEWALK EASEMENT AGREEMENT(S)
Items A
(A1) Motion to approve and accept a Perpetual Sidewalk Easement
Agreement by the
owner(s) of 640 E. Atlantic Ave. to the City of Delray Beach.
(A2) Motion to approve and accept a Perpetual Sidewalk Easement
Agreement by the
owner(s) of 126 & 128 SE 7th Ave. to the City of Delray Beach.
RIGHT OF WAY DEED(S)
Items B
(B1) Motion to approve and accept a 2’ Alley Right of Way Dedication by
the
owner(s) of 920 N.E. 8th Ave. to the City of Delray Beach.
(B2) Motion to approve and accept a Right of Way Dedication by the
owner(s) of
617 E. 5th St.
(B3) Motion to approve and accept a 25’ Radius Right of Way Dedication
by the
owner(s) of 170 Marine Way.
(B4) Motion to approve and accept a Right of Way Dedication by the
owner(s) of 9 NW
17th St.
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July 7, 2020City Commission Minutes - Final
Sponsors:Public Works Department - Programs & Project Management
Agenda Cover Report
Item (1)1 - Legal Review Forms
Item (A1a) - PSE Agreement - 640 E. Atlantic Ave.
Item (A1b) - Exhibit A Sketch - 640 E. Atlantic Ave.
Item (A2a) - PSE Agreement - 126 & 128 SE 7th Ave
Item (A2b) - Exhibit A Sketch - 126 & 128 SE 7th Ave
Item (B1a) - ROW Deed -920 NE 8th Ave.
Item (B1b) - Exhibit A Sketch - 920 NE 8th Ave.
Item (B2a) - ROW Deed - 617 SE 5th St.
Item (B2b) - Electronic Articles of Org.-617 SE 5th St.
Item (B2c) - Exhibit A Sketch - 617 SE 5th St.
Item (B3a) - ROW Deed - 170 Marine Way
Item (B3b) - Exhibit A Sketch - 170 Marine Way
Item (B4a) - ROW Deed - 9 NW 17th St.
Item (B4b) - Exhibit A Sketch - 9 NW 17th St.
Attachments:
approved
6.H.20-491 ITEMS A1, A2, A3, A4, A5, A6, A7, A8, B1, B2, B3, B4, B5, B6, B7, B8 -
ACCEPTANCE OF (8) RIGHT OF WAY DEDICATIONS AND (8)
GENERAL UTILITY EASEMENT AGREEMENTS FOR COREY ISLE
WORKFORCE HOUSING
Recommendation:Consideration of the following items:
RIGHT OF WAY DEED(S)
Items A
Item A1 - Motion to approve and accept a 2’ Right-of-Way Dedication by
the owner of
324 SW 7th Ave (Lot 31).
Item A2
Motion to approve and accept a 2’ Right-of-Way Dedication by the
owner of
322 SW 7th Ave (Lot 32).
Item A3
Motion to approve and accept a 2’ Right-of-Way Dedication by the
owner of
320 SW 7th Ave (Lot 33).
Page 6City of Delray Beach Printed on 9/11/2020
July 7, 2020City Commission Minutes - Final
Item A4
Motion to approve and accept a 2’ Right-of-Way Dedication by the
owner of
318 SW 7th Ave (Lot 34).
Item A5
Motion to approve and accept a 2’ Right-of-Way Dedication by the
owner of
316 SW 7th Ave (Lot 35).
Item A6
Motion to approve and accept a 2’ Right-of-Way Dedication by the
owner of
314 SW 7th Ave (Lot 36).
Item A7
Motion to approve and accept a 2’ Right-of-Way Dedication by the
owner of
312 SW 7th Ave (Lot 37).
Item A8
Motion to approve and accept a 2’ Right-of-Way Dedication by the
owner of
238 SW 6th Ave (Lot 32 & 33).
General Utility Easement Agreement
Items B
Item B1
Motion to approve and accept a General Utility Easement
Agreement by the
owner of 324 SW 7th Ave (Lot 31).
Item B2
Motion to approve and accept a General Utility Easement
Agreement by the
owner of 322 SW 7th Ave (Lot 32).
Item B3
Motion to approve and accept a General Utility Easement
Agreement by the
owner of 320 SW 7th Ave (Lot 33).
Item B4
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July 7, 2020City Commission Minutes - Final
Motion to approve and accept a General Utility Easement
Agreement Dedication
by the owner of 318 SW 7th Ave (Lot 34).
Item B5
Motion to approve and accept a General Utility Easement
Agreement by the
owner of 316 SW 7th Ave (Lot 35).
Item B6
Motion to approve and accept a General Utility Easement
Agreement by the
owner of 314 SW 7th Ave (Lot 36).
Item B7
Motion to approve and accept a General Utility Easement Agreement
by the
owner of 312 SW 7th Ave (Lot 37).
Item B8
Motion to approve and accept a General Utility Easement
Agreement by the
owner of 238 SW 6th Ave (Lot 32 & 33).
Sponsors:Public Works Department - Programs & Project Management
Page 8City of Delray Beach Printed on 9/11/2020
July 7, 2020City Commission Minutes - Final
Agenda Cover Report
Item (1) - Legal Reviews
Item (A1a) - ROW - 324 SW 7th Ave (Lot 31)
Item (A1b) - Exhibit A - 324 SW 7th Ave (Lot 31)
Item (A2a) - ROW - 322 SW 7th Ave (Lot 32)
Item (A2b) - Exhibit A - 322 SW 7th Ave (Lot 32)
Item (A3a) - ROW - 320 SW 7th Ave. (Lot 33)
Item (A3b) - Exhibit A - 320 SW 7th Ave. (Lot 33)
Item (A4a) - ROW - 318 SW 7th Ave. (Lot 34)
Item (A4b) - Exhbit A - 318 SW 7th Ave. (Lot 34)
Item (A5a) - ROW - 316 SW 7th Ave. (Lot 35)
Item (A5b) - Exhibit A - 316 SW 7th Ave. (Lot 35)
Item (A6a) - ROW - 314 SW 7th Ave. (Lot 36)
Item (A6b) - Exhibit A - 314 SW 7th Ave. (Lot 36)
Item (A7a) - ROW - 312 SW 7th Ave. (Lot 37)
Item (A7b) - Exhibit A- 312 SW 7th Ave. (Lot 37)
Item (A8a) - ROW - 238 SW 6th Ave. (Lots 32 & 33)
Item (A8b) - Exhibit A - 238 SW 6th Ave. (Lots 32 & 33)
Item (B1a) - G.U.E. Agree - 324 SW 7th Ave. (Lot 31)
Item (B1b) - Exhibit A - 324 SW 7th Ave. (Lot 31)
Item (B2a) - G.U.E. Agree - 322 SW 7th Ave. (Lot 32)
Item (B2b) - Exhibit A - 322 SW 7th Ave. (Lot 32)
Item (B3a) - G.U.E. Agree - 320 SW 7th Ave. (Lot 33)
Item (B3b) - Exhibit A - 320 SW 7th Ave. (Lot 33)
Item (B4a) - G.U.E. Agree - 318 SW 7th Ave. (Lot 34)
Item (B4b) - Exhibit A- 318 SW 7th Ave. (Lot 34)
Item (B5a) - G.U.E. Agree - 316 SW 7th Ave. (Lot 35)
Item (B5b) - Exhibit A - 316 SW 7th Ave. (Lot 35)
Item (B6a) - G.U.E. Agree - 314 SW 7th Ave. (Lot 36)
Item (B6b) - Exhibit A - 314 SW 7th Ave. (Lot 36)
Item (B7a) - G.U.E. Agree - 312 SW 7th Ave. Lot (37)
Item (B7b) - Exhibit A - 312 SW 7th Ave. (Lot 37)
Item (B8a) - G.U.E. Agree - 238 SW 6th Ave. (Lots 32 & 33)
Item (B8b) - Exhibit A- 238 SW 6th Ave. (Lots 32 & 33)
Attachments:
approved
6.I. PROCLAMATIONS:
6.I.1.20-454 PROCLAMATION - NATIONAL CLEAN BEACHES WEEK - JULY 1 - 7,
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July 7, 2020City Commission Minutes - Final
2020
Recommendation:Motion to declare July 1-7, 2020 as National Clean Beaches Week.
Sponsors:City Clerk Department
Agenda Cover Report
National Clean Beaches Week 2020
Attachments:
approved
6.I.2.20-364 PARKS AND RECREATION MONTH PROCLAMATION - JULY 2020
Recommendation:Motion to recognize July as Parks and Recreation Month in Delray Beach,
Florida.
Sponsors:Parks & Recreation Department
Agenda Cover Report
Parks Month Proclamation
Attachments:
approved
6.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
6.J.1. None
6.K. AWARD OF BIDS AND CONTRACTS:
6.K.1.20-310 APPROVAL OF RESOLUTION NO. 08-20 TO AWARD AGREEMENTS
TO NINE VENDORS: A ONE FIRE EQUIPMENT, INC., BENNETT FIRE
PRODUCTS CO., INC., FISHER SCIENTIFIC CO., LLC., MUNICIPAL
EMERGENCY SERVICES, INC., MUNICIPAL EQUIPMENT CO., LLC.,
NORTH AMERICAN FIRE EQUIPMENT CO., INC., TEAM EQUIPMENT,
INC., TECHNICALRESCUE.COM, INC., AND TEN-8 FIRE EQUIPMENT,
INC., FOR PURCHASE OF FIRE EQUIPMENT PARTS, SUPPLIES AND
SERVICES; UTILIZING LAKE COUNTY, FLORIDA SOLICITATION NO. ITB
17-0606 - $445,000
Recommendation:Motion to approve Resolution No. 08-20 to award Agreements to nine (9)
vendors: A One Fire Equipment, Inc., Bennett Fire Products Co., Inc.,
Fisher Scientific Co., LLC., Municipal Emergency Services, Inc., Municipal
Equipment Co., LLC., North American Fire Equipment Co., Inc., Team
Equipment, Inc., Technicalrescue.com, Inc., and Ten-8 Fire Equipment, Inc.,
for purchase of fire equipment parts, supplies and services in the
estimated amount of $445,000 through June 30, 2021, of which $88,000 is
budgeted for FY2020, utilizing the Lake County, Florida Solicitation No. ITB
17- 0606, and authorize the City Manager to approve renewal options, in
the amounts below, contingent on appropriations of funds.
Page 10City of Delray Beach Printed on 9/11/2020
July 7, 2020City Commission Minutes - Final
Sponsors:Fire Rescue Department and Purchasing Department
Agenda Cover Report
Resolution 08-20 Fire Equipment Lake County Piggyback 17-0606 rev
4 10 2020
Signed - A One Fire - Lake County Piggyback Agreement
Exhibit B - Bennett - Lake County Piggyback Agreement
Exhibit C - Thermo Fisher - Lake County Piggyback Agreement
Exhibit D - Municipal Emerg Serv - Lake County Piggyback
Agreement
Exhibit E - Municipal Equip Co - Lake County Piggyback Agreement
Exhibit F - North American Fire Equipment Co
Exhibit G - Team Equipment - Lake County Piggyback Agreement
Exhibit H - TechnicalRescue.com - Lake County PIggyback
Agreement
Exhibit I Ten-8 Fire Equipment Inc_ 0606L
Legal Review Checklist A One Fire Equipment 17-0606A
Legal Review Checklist Bennett Fire Products 17-0606A
Legal Review Checklist Fisher Scientific 17-0606D
Legal Review Checklist Municipal Emergency Services 17-0606G
Legal Review Checklist Municipal Equipment Co 17-0606H
Legal Review Checklist North American Fire Equipment 17-0606I
Legal Review Checklist Team Equipment 17-0606J
Legal Review Checklist Technical Rescue 17-0606K
Legal Review Checklist Ten-8 Fire Equipment 17-0606L
Attachments:
approved
6.K.2.20-346 APPROVAL OF RESOLUTION NO. 15-20 TO AWARD AN AGREEMENT
WITH PLAYMORE WEST, INC. FOR PLAYGROUND EQUIPMENT,
SURFACING, SHADE STRUCTURE AND INSTALLATION UTILIZING
MANATEE COUNTY SCHOOL DISTRICT CONTRACT NO.16-0025-MR -
$350,000
Recommendation:Motion to approve Resolution No. 15-20 to award an agreement to
Playmore West, Inc. for the purchase of playground equipment, surfacing,
shade structure and installation for Currie Commons Park improvements
totaling $350,000.
Sponsors:Parks & Recreation Department and Purchasing Department
Page 11City of Delray Beach Printed on 9/11/2020
July 7, 2020City Commission Minutes - Final
Agenda Cover Report
Manatee Schools 16-0025-MR-whole contract
Manatee Schools Renewal 2020
Currie Commons_quote
Playmore West Inc Resolution.rev
CODB Playmore Agreement.rev
Legal Review Checklist Playmore West Inc_
Attachments:
approved
6.K.3.20-407 APPROVAL OF RESOLUTION NO. 103-20 TO AWARD AN
AGREEMENT TO INSIGHT PUBLIC SECTOR, INC., FOR PURCHASE
OF TECHNOLOGY PRODUCTS, SERVICES AND SOLUTIONS;
UTILIZING COUNTY OF FAIRFAX, VIRGINIA SOLICITATION NO.
2000001701 - $300,000
Recommendation:Motion to approve Resolution No. 103-20 to award an Agreement to Insight
Public Sector, Inc., for the purchase of technology products, services and
solutions in the estimated amount of $300,000 through April 30, 2021, of
which $100,000 is budgeted for FY2020, utilizing the County of Fairfax,
Virginia Solicitation No. 2000001701, and authorize the City Manager to
approve renewal options, in the amounts below, contingent on
appropriations of funds.
Sponsors:IT Department and Purchasing Department
Agenda Cover Report
Signed - Insight Omnia Partners
reso. 103-20 - insight public sector
Legal Review Checklist Insight Public Sector
Insight-Public-Sector-Acceptance-Agreement
2020 adopted IT budget with items highlighted for Insight Contract
Attachments:
approved
7. REGULAR AGENDA:
7.A.20-496 DISCUSSION ON ROOFTOP APPURTENANCES
Recommendation:Discuss and provide direction for amendment to the Land Development
Regulations for rooftop appurtenances.
Sponsors:Development Services Department
Page 12City of Delray Beach Printed on 9/11/2020
July 7, 2020City Commission Minutes - Final
Agenda Cover Report
BPOA Letter 030620
MAP_Appurtenance Examples.pdf
Appurtenance Examples Data.docx
Attachments:
Ms. Anthea Gianniotes, Director of Development Services, stated staff is
seeking input from the Commission as they prepare the zoning in progress
for rooftop appurtenances.
Ms. Gianniotes then gave a brief presentation.
Vice Mayor Boylston commented that he will be looking to staff to put
together a plan that will address the surrounding resident’s concerns about
the 4th floor usage. He also commented that the plan's regulations need to
be black and white, leaving no grey areas.
Deputy Vice Mayor Johnson expressed the importance of having
regulations as to what will and will not be acceptable usage of the roof top.
Commissioner Frankel stated that he would be in favor of the 4th floor
rooftop in the central business district, but opposed to having it in the
single-family neighborhoods. Commissioner Casale agreed with
Commissioner Frankel's comments.
Mayor Petrolia stated that she agreed with everyone that no permanent
structure should be allowed other than an elevator shaft, staircase access,
etc.
Additional comments made by Deputy Vice Mayor Johnson was that the
rooftop's only purpose should be used to gain access to the elevator shafts,
air conditioning, etc. and that sunbathing and BBQ’s should be prohibited.
Vice Mayor Boylston stated that if the applicant is willing to give up a floor
in order to have a rooftop, he would be in favor.
Mayor Petrolia thanked the Commission for their discussion.
7.B.20-414 NOMINATION FOR APPOINTMENT TO THE DOWNTOWN
DEVELOPMENT AUTHORITY BOARD
Recommendation:Motion to approve nomination for appointment for one (1) regular member
to serve on the Downtown Development Authority Board for a three (3) year
term ending June 30, 2023.
Sponsors:City Clerk Department
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July 7, 2020City Commission Minutes - Final
Agenda Cover Report
Exhibit A
2019-2020 Year DDA Board Attendance Record
Downtown Development Authority
DDA Boundary Map
Mangel
Pellegrino
Bruno
Cannon
Devitt
evans
fredericks
MGginnis
Smith
sylvestre
Warner
Zirilli
Attachments:
Vice Mayor Boylston nominated Mr. Rocco Mangel to the Downtown
Development Authority Board. It was seconded by Commissioner Frankel.
A roll call vote was taken and carried 5-0:
approved
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel,
Vice-Mayor Boylston, and Commissioner Casale
5 -
7.C.20-420 NOMINATIONS FOR APPOINTMENT TO THE EDUCATION BOARD
Recommendation:Motion to approve nominations for appointment for five (5) regular
members to serve on the Education Board for a two (2) year term ending
July 30, 2022.
Sponsors:City Clerk Department
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July 7, 2020City Commission Minutes - Final
Agenda Cover Report
Education Board
Exhibit A
Adler
Andre
Brutus
Cairns
Evans
Jonsons
Nevin
Purdo
Tanner
Vasiliou
Youngblood
Attachments:
Mayor Petrolia nominated Ms. Kae Jonsons to the Education Board.
Commissioner Frankel seconded it. A roll call vote was taken and the vote
carried 5-0.
Commissioner Frankel nominated Ms. Rebecca Andrea to the Education
Board. It was seconded by Deputy Vice Mayor Johnson. A roll call vote
was taken and the vote carried 5-0.
Commissioner Casale nominated Ms. Debbie Tanner to the Education
Board. It was seconded by Commissioner Frankel. A roll call vote was
taken and the vote carried 5-0.
Vice Mayor Boylston nominated Ms. Dana Adler to the Education Board. It
was seconded by Commissioner Frankel. A roll call vote was taken and the
vote carried 5-0.
Deputy Vice Mayor Johnson nominated Ms. Kristen Karins to the
Education Board. It was seconded by Commissioner Frankel. A roll call
vote was taken and the vote carried 5-0.
7.D.20-459 RATIFICATION OF EMERGENCY REGULATIONS RELATED TO
COVID-19 ACTIVATED UNDER CHAPTER 95 OF THE DELRAY BEACH
CODE OF ORDINANCES
Recommendation:Motion to Ratify the 11th, 12th, 13th, 14th and 15th Extensions of the State
of Emergency for COVID -19 and Resolution Number 114-20; Directive on
wearing of facial coverings.
Sponsors:City Attorney Department
Page 15City of Delray Beach Printed on 9/11/2020
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Agenda Cover Report
11th Extension Emergency Declaration - COVID -19
12th Extension Emergency Declaration - COVID -19
13th Extension Emergency Declaration - COVID -19
14th Extension Emergency Declaration - COVID -19
15th Extension Emergency Declaration - COVID -19
Reso 114-20
Attachments:
City Attorney Gelin explained to the Commission that these are the
ratifications pursuant to Chapter 95, extensions of the State of Emergency
that have been issued since the last meeting as well as Resolution
No.114-20.
Deputy Vice Mayor Johnson made a motion to approve the ratifications. It
was seconded by Vice Mayor Boylston. The motion carried by the following
vote:
approved
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel,
Vice-Mayor Boylston, and Commissioner Casale
5 -
7.E.20-465 DISCUSSION AND DIRECTION CONCERNING CHANGES TO
QUALIFICATIONS OF CANDIDATES
Recommendation:Provide direction to staff regarding possible changes to residency
requirements in order for interested persons to qualify as candidates for
election for Commissioner or Mayor.
Sponsors:City Attorney Department
Agenda Cover Report
Residency Requirements to Qualify as Candidate
Election Requirements for Other Municipalities
Attachments:
City Attorney Gelin stated that City Clerk Johnson provided her a list of
what the qualifications for candidacy are in neighboring municipalities and
based on the information, her recommendation would be to require one
year of residency to be an elector in the City of Delray Beach.
Mayor Petrolia expressed concern that there should be better forms of
proof of residency such as utility bills, voter’s registration card, driver’s
license for someone who wishes to be an elected official of the City. Mayor
Petrolia stated that she would be in favor of Vice Mayor Boylston’s
suggestion as to not discourage potential candidates to run because of the
upfront money. Mayor Petrolia suggested that the City reconsider petitions
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for this year as it may be almost impossible to obtain due to the pandemic.
Commissioner Frankel thanked City Clerk Johnson for providing the
information. He went on to say that it was his opinion that to qualify for
candidacy, it should be one year from the date of qualification - one year
immediately proceeding the beginning of the qualification period. He
further recommended it to be similar to what Highland Beach’s
requirements are. Commissioner Frankel stated that requiring one year of
residency is reasonable and he proposed that each candidate be required
to obtain 100 signatures/petitions and to pay a $1,000 fee.
Commissioner Casale commented that the number of petitions signed
should be higher than 100 as that is a small percentage of the City’s
population. She would be in favor of keeping the number of signatures to
250 which is the current requirement. She is also in favor of requiring a
minimum of one-year residency. She stated that the individual should be
required to produce numerous forms of identification as proof that they
have been living in Delray Beach for at least one year. She also agreed
with the one year requirement from the qualification date as suggested by
Commissioner Frankel. She additionally expressed that signatures can be
obtained electronically.
Vice Mayor Boylston commented that he was also comfortable with a
one-year residency requirement and not more. He expressed concern that
obtaining 250 signatures and paying a small fee should remain an option,
rather than requiring 100 signatures and paying $1,000 becoming the new
norm.
Commissioner Frankel stated that the City's fees to get onto the ballot are
much lower than anywhere else and for the record, in the past, one percent
of registered voter’s signatures were required. He further stated that given
the circumstances of COVID-19, getting signatures will be difficult. He
would be in favor of:
- 100 signatures, $1000 filing fee and 1-year residency requirement
There was consensus to institute a hybrid method of collecting signatures
with the following options:
Option No. 1: Obtain 100 signatures and pay a $1000 filing fee; or
Option No. 2: Obtain 250 signatures and pay a $50 filing fee.
7.F.20-480 DISCUSSION AND DIRECTION TO INTERNAL AUDITOR
Agenda Cover ReportAttachments:
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Dr. Davidyan expressed that she was looking for direction from the
Commission on what their immediate priority was for the Internal Auditor.
Further discussion ensued.
There was consensus from the Commission that the Internal Auditor begin
looking into the areas of:
- IT Security
- Human Resources
- Hiring Practices of the City Manager and the City Manager’s office; and
- Policies and Procedures
7.G.20-481 DISCUSSION REGARDING INTERIM CITY MANAGER
Agenda Cover Report
Interim City Manager
MIT List in Word FCCMA
FW Interim City Manager
Attachments:
City Attorney Lynn Gelin stated that she reached out to the ICMA as well as
the League of Cities with the help of Human Resources asking if they would
be able to ascertain a list of Interim City Managers for the City of Delray
Beach. ICMA informed her that a job posting would first have to be made
and approved before any of its members who are interested can apply.
The League of Cities can also provide a list of “Managers in Transition” for
the Commission's approval.
Commissioner Frankel commented that he has been in contact with former
City Manager Mr. David Harden that in an email from Mr. Harden, he
expressed his interest in assisting the City in preparing the budget for next
fiscal year. Commissioner Frankel further commented that Mr. Harden
would be a tremendous asset as he has a great deal of knowledge of
about the cities infrastructure and how it is organized.
Deputy Vice Mayor Johnson thanked Ms. Jennifer Alvarez for a wonderful
job as Interim City Manager for the past two weeks. She expressed that
Ms. Alvarez has provided stability to the City at this time and she was not in
favor of bringing Mr. Harden back.
Mayor Petrolia commented that she was very impressed with Ms. Alvarez
and had every confidence that she was more than qualified.
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City Attorney Lynn Gelin expressed since there was consensus to continue
having Ms. Alvarez serve as Interim City Manager, she would prepare an
agreement for the Commission to approve.
Ms. Alvarez was asked if she was comfortable moving forward as the
Interim City Manager without having any support staff at this time. She
expressed that she has had support from Assistant City Manager Ms. Love
as well as all the Department Directors.
Commissioner Frankel stated for the record that he was not in favor of the
hiring of Mr. Chapman or Mr. Gretsas, but that he did support them both.
He further expressed that he would be in favor of starting a search for a
new City Manager next year with the new Commission and within that time
frame, Ms. Alvarez would have enough time to prove herself qualified for
the role as Assistant City Manager.
Deputy Vice Mayor Johnson expressed her concern that the Finance
Department should be properly staffed while trying to formulate the budget.
7.H.20-497 DISCUSSION AND DIRECTION REGARDING SCHEDULING TWO
SPECIAL MEETINGS PURSUANT TO THE EMPLOYMENT
AGREEMENT OF GEORGE GRETSAS
Recommendation:The City Attorney seeks direction regarding the scheduling of two special
meetings pursuant to Section 3 of the Employment Agreement between the
City of Delray Beach and George Gretsas (“Termination of Agreement”).
Sponsors:City Attorney Department
Agenda Cover Report
Employment Agreement between the City and George Gretsas
Demand for Written Charges
Notice of Intent
Attachments:
City Attorney Gelin expressed to the Commission that she would have to
recuse herself in any discussion concerning the final investigative report
since she was a witness.
Ms. Gelin stated that one of the Assistant City Attorney’s would be
available for the Commission to speak with regarding the investigation that
already took place to which Ms. Gelin was a witness.
Ms. Gelin commented that she is however able to provide legal counsel
regarding Mr.Gretsa’s employment agreement and gave a procedural
timeline based on the Commission’s decision to “Terminate Mr. Gretsas
with Cause”.
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Ms. Gelin suggested that Dr. Davidyan, Internal Auditor, conduct an
investigative report to see if it was evident that Mr. Gretsas violated any
City policies. If it were found that City policies were violated, it would
provide grounds for immediate termination of Mr. Gretsas.
Further discussion ensued.
There was consensus to schedule a follow up meeting for Monday August
24, 2020 at 11:30 a.m. for further discussion.
7.I.20-505 DIRECTION CONCERNING REQUEST FOR INDEMNIFICATION
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
Attachments:
City Attorney Gelin explained that she received an email forwarded by
Mr.Gretsas from Mr. Francisco Turon, Attorney for Homestead Concrete
who is demanding (cease and desist) a written letter from Mr. Gretsas
retracting the statements that Mr. Gretsas has made about Homestead
Concrete. He stated that if they do not receive a written retraction, they will
be filing a lawsuit against the City.
Ms. Gelin stated that she received a letter from Mr. Turon that stated if Mr.
Gretsas wrote a letter in the form of an apology to never disparage
Homestead Concrete again that it would be sufficient. Ms. Gelin went on to
say that she sent an email to Mr. Gretsas, but has not heard back from him
yet.
Deputy Vice Mayor Johnson stated that she would not be in favor of
indemnification based on the acts that she has seen by City Manager
Gretsas.
Vice Mayor Boylston stated that he would be in favor of protecting a city
employee, but would look to the City Attorney for guidance.
A discussion ensued with Ms. Gelin and the Commission explaining the
nature of the allegations made by Mr.Turon. She went on to say that if Mr.
Gretsas chooses to apologize, the case would be closed.
8. PUBLIC HEARINGS:
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8.A.20-456 ORDINANCE NO. 27-20: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, EXTENDING A
TEMPORARY MORATORIUM ON THE OPERATION OF RETAIL
BUSINESSES ENGAGED IN THE SALE OF RETAIL PRODUCTS
CONTAINING CANNABIDIOL/CBD SOLD AS A PRINCIPAL RETAIL
PRODUCT WITHIN THE CITY FOR A PERIOD OF SIX (6) MONTHS;
PROVIDING FOR CONFLICTS CLAUSE, A SEVERABILITY CLAUSE,
AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES. (SECOND READING)
Recommendation:Motion to Approve Ordinance 27-20.
Sponsors:City Attorney Department
Agenda Cover Report
Ordinance 27-20
Ordinance No. 26-19
Attachments:
The City Clerk stated that there were no public comments.
City Attorney Gelin requested an additional six months.
Commissioner Frankel made a motion to approve Ordinance No. 27-20 on
second reading. It was seconded by Vice Mayor Boylston. The motion
carried by the following vote 4-1 with Deputy Vice Mayor Johnson
dissenting.
approved
Yes:Mayor Petrolia, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner
Casale
4 -
No:Deputy Vice Mayor Ervin Johnson1 -
8.B.20-457 ORDINANCE NO. 28-20: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CITY’S
CODE OF ORDINANCES BY AMENDING TITLE 7, “TRAFFIC CODE”,
BY ENACTING A NEW CHAPTER 73, “REGULATION OF
MICROMOBILITY DEVICES, DOCKLESS BICYCLE SHARING
DEVICES, AND MOTORIZED SCOOTERS WITHIN THE CITY” TO
REGULATE THE RENTAL OF SUCH DEVICES; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY
TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER
PURPOSES. (SECOND READING)
Recommendation:Motion to Approve Ordinance 28-20.
Sponsors:City Attorney Department
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Agenda Cover Report
Ord 28-20 enacting new Ch 73 re dockless motorized-electric vehicles
lg rev 6-30
HB 0971 excerpts
Attachments:
Vice Mayor Boylston made a motion to approve Ordinance No. 28-20 on
second reading. It was seconded by Commissioner Frankel. The motion
carried by the following vote 4-1 with Deputy Vice Mayor Johnson
dissenting.
approved
Yes:Mayor Petrolia, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner
Casale
4 -
No:Deputy Vice Mayor Ervin Johnson1 -
8.C.20-422 RESOLUTION NO. 109-20: STORMWATER UTILITY ASSESSMENT (PUBLIC
HEARING)
Recommendation:Motion to Approve Resolution No. 109-20 establishing a budget for the
Stormwater Utility System, establishing the rates for FY 2020 /2021
Stormwater Management Assessments, and certifying and adopting the
Stormwater Assessment Roll.
Sponsors:Public Works Department - Programs & Project Management
Indexes:Capital Improvement Projects - City Wide
Agenda Cover Report
Legal Review Memo Res 109-20 for Stormwater Utility Assessment
6.16.20
Res 109-20 for Stormwater Utility Assessment 6.23.20
Delray 2020 TRIM with ADDRESS
Attachments:
Commissioner Frankel made a motion to approve Resolution No. 109-20.
As a point of order, Attorney Gelin stated for the record there must be a
second for discussion.
Vice Mayor Boylston seconded the motion for discussion.
Ms. Missie Barletto, Director of Public Works gave a brief presentation of
the annual stormwater utility assessment for the tax roll.
Deputy Vice Mayor Johnson expressed her concern about how the money
will be spent that will be generated from the assessment. Ms. Barletto
provided an explanation on how the funds will be spent.
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Mayor Petrolia requested a roll call be taken since there was a motion and
a second on the floor. The vote carried as follows:
approved
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel,
Vice-Mayor Boylston, and Commissioner Casale
5 -
9. FIRST READINGS:
9.A.20-421 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. (FIRST READING)
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.
Ms. Gelin stated that the purpose of Ordinance 30-20 is to allow the City to
participate in early voting as directed by the Commission.
Vice Mayor Boylston made a motion to approve Ordinance No. 30-20 on
first reading. It was seconded by Commissioner Frankel. The motion
carried by the following vote:
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
Interim City Manager Jennifer Alvarez had the following comments:
She inquired if there was still an interest from the Commission to
conduct a disparity study.
Mayor Petrolia responded that she was still in support of having the
study performed.
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Commissioner Casale commented that she would be in favor of still
having the study performed. She went on to express her concern on
whether the West Atlantic Redevelopment Plan would impact the study.
Vice Mayor Boylston stated that he was still interested in having the
study performed. He also expressed that piggy backing onto other
cities who were performing the study could possibly save money.
Deputy Vice Mayor Johnson stated that she was in favor of performing
a disparity study.
Mayor Petrolia confirmed that there was consensus to move forward
with the disparity study.
Ms. Alvarez also reported the following:
Sanitizing procedures are being implemented City-wide to help stop
the spread of the COVID virus; and
She plans to schedule some time with the Utilities Director to discuss
reclaimed water; and
The Permit Department took in a record number of 755 permits in the
month of June.
B. City Attorney
City Attorney Lynn Gelin expressed that she is looking for approval via
consensus from the Commission to move forward with filing the Purdue
Bankruptcy Claim Form.
Consensus was given for the City Attorney to file the Purdue Bankruptcy
Claims Form regarding the Opioid litigation.
Ms. Gelin also requested to schedule three different Shade Meetings
to discuss the litigation strategies for the following cases: Each case
and number was read into the record separately.
Michael Coleman vs the City of Delray Beach
Deputy Vice Mayor Johnson made a motion to schedule a virtual shade
meeting on Monday July 13, 2020 at 9:00 a.m., seconded by Vice
Mayor Boylston. The motion carried 5-0.
Jamael Stewart vs the City of Delray Beach
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Vice Mayor Boylston made a motion to schedule a virtual shade
meeting on Monday July 13, 2020 at 10:00 a.m. It was seconded by
Deputy Vice Mayor Johnson. The motion carried 5-0.
Mark Lauzier vs the City of Delray Beach
Deputy Vice Mayor Johnson made a motion to schedule a virtual shade
meeting on Monday July 13, 2020 at 11:00 a.m. It was seconded by
Vice Mayor Boylston. The motion carried 5-0.
Ms. Gelin reported that Missie Barletto has located three bus stations
throughout the City to implement the pilot program that was proposed
by Vice Mayor Boylston to have artwork wrapped at the bus shelters.
Attorney Gelin stated that there was a consensus for the three bus
shelters to begin the pilot program of having artwork
displayed/wrapped.
C. City Commission
Commissioner Frankel inquired as to when the discussion will take
place regarding the beach parking fees.
Mayor Petrolia stated that she would be in favor of discussing it at the
next workshop meeting.
Commissioner Casale stated she is requesting an Ordinance or
Resolution be adopted to ban the use of single use plastic in the City.
Mayor Petrolia stated that she would be in favor of a ban on single use
plastic.
Vice Mayor Boylston stated that he would also be in favor of a ban on
single use plastic.
Deputy Vice Mayor Johnson’s Comments:
·Thanked Commissioner Casale for taking on an environmental
issue such as single use plastic.
·Would like to see the City of Delray Beach recognize Juneteenth
as an annual event.
·Welcomed Dr. Julia Davidyan back to the City
·Expressed her gratitude to Jennifer Alvarez for her continued
support to the City.
·Announced that she will be the Cities new Census
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representative.
Mayor Petrolia’s comments:
·Commended the City for its July 4th festivities.
·Suggested that the Commissioners set up their appointments
with Interim City Manager Alvarez.
·Would like to get an update from Anthea Gianniotes on the
downtown overlay.
·She is going to meet with people from the NW/SW black
businesses to discuss what the City can do to help combat
racism from the government standpoint.
·Would like a consensus to have a mural put up that represents
Delray’s flavor.
·Would like a consensus to move forward to raise the
Commissioners salaries.
Mayor Petrolia acknowledged that Concensus was given to have a
mural put up that represents Delray’s flavor.
Mayor Petrolia acknowledged that Concensus was given to move
forward to raise the Commissioners salaries.
There being no further business to discuss, the meeting was adjourned
at 7:20 p.m.
Page 26City of Delray Beach Printed on 9/11/2020
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 7, 2020 Regular
Commission Meeting Minutes held on July 7, 2020 which Minutes were
formally approved and adopted by the City Commission on September 10, 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.