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September 22, 2020 Regular Meeting Minutes _ FINAL with Signture PageTuesday, September 22, 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 2nd Budget Public Hearing/Regular Meeting at 4:00 PM September 22, 2020City Commission Minutes - Final 1. ROLL CALL The Regular Commission Meeting was called to order at 4:00 p.m. The roll call was taken by City Clerk Katerri Johnson.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: Interim City Manager, Jennifer Alvarez City Attorney, Lynn Gelin City Clerk, Katerri Johnson Deputy Vice Mayor Johnson requested to pull item 6.Q.1. from the Consent Agenda for discussion. Item 6.Q.1. became item 7.A.A. on the Regular Agenda. Deputy Vice Mayor Johnson motioned to approve the agenda as amended. 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 - 4. PRESENTATIONS: 4.A.RESOLUTION NO. 86-20 RECOGNIZING JANET MEEKS FOR 30 YEARS OF SERVICE Body:Recommended Action: Recommendation:Motion to Approve Resolution No. 86-20 honoring Janet Meeks for 30 years of service. Sponsors:Human Resources Department Agenda Cover Report Resolution 86-20 Janet Meeks Attachments: Mayor Petrolia read Resolution No. 86-20 into the record. The Commissioners and City Staff recognized and commended Janet Meeks for her 30 years of service. Page 1City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final 4.B.PRESENTING LATOYA JOHNSON, CUSTOMER SERVICE ASSISTANT, WITH EMPLOYEE OF THE MONTH FOR FEBRUARY 2020. Body:Recommended Action: Recommendation:Motion to present LaToya Johnson, Customer Service Assistant, with Employee of the Month for February 2020. Sponsors:Human Resources Department Agenda Cover Report Employee of Month (February) - LaToya Johnson.pdf Attachments: Samuel Metott, Director of Parks and Recreation, recognized LaToya Johnson as employee of the month. Mr. Metott shared a story highlighting Ms. Johnson’s character and her dedication to the City. Due to the meeting proceeding virtually Mr. Metott accepted the award on Ms. Johnson’s behalf. 4.C.PRESENTING CAPTAIN SEAN GIBSON, FIRE FIGHTER, WITH EMPLOYEE OF THE MONTH FOR MARCH 2020. Body:Recommended Action: Recommendation:Motion to present Captain Sean Gibson, FIRE FIGHTER, with Employee of the Month for March 2020. Sponsors:Human Resources Department Agenda Cover Report Employee of the Month (March) - Sean Gibson.pdf Attachments: Assistant Fire Chief Kevin Green recognized Captain Sean Gibson as employee of the month. He gave a few words about Mr. Gibson’s bravery in medical emergencies and disaster relief efforts. Mr. Gibson accepted his award and received eight hours off with pay. 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 Interim City Manager Alvarez requested direction from the Commission regarding the Bar applications for temporary change of use. There was an inquiry if the $50 application fee could be waived. There was consensus to allow Interim City Manager Alvarez to waive the fee. Page 2City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final Mayor Petrolia expressed her concern about the rumors regarding the City defunding the police. She worked with Chief Sims to address the misinformation and released a statement to the public. Further discussion ensued about State Representative Caruso’s actions and the rumors related to defunding the police and water quality. Commissioner Frankel asked for a consensus to request an independent agency to investigate Mayor Petrolia’s directives towards City Staff outside of Commission meetings. Additionally, the Commissioner’s discussed Mayor Petrolia’s campaign emails. There was consensus to conduct an ethics investigation on Mayor Petrolia. B. From the Public Daniel Valdez, residing at 520 NW 1st Avenue, expressed concern about his neighbor who rents out her house on weekends. There was an incident of 30-40 college students partying at the house. These students did not wear masks and caused commotion at 3:30 a.m. There have been other similar incidents that have taken place at his neighbor’s home. He requested the Commission to act on this recurring issue. Gerard Dariano, residing at 505 NW 1st Avenue, reported that his neighbor has been renting out her home to large groups throughout the pandemic. Police have visited the home on several occasions. Mr. Dariano and other neighbors have tried to address the issue with the homeowner. However, after many conversations she continues to rent out the home. Sue Tauriello, residing at 927 Bolender Drive, requested the Commission to take a second look at Item 9.B. regarding requirements for ground floor retail regulations in Waterway East. She asked that the area be relieved from being designated as a retail zone. Amy Thor, residing at 700 Audubon Blvd, stated that she did not want the City to open prematurely during the pandemic. Jeff Costello, of JC Planning Solutions, 981 Delray Lakes Drive, spoke about Item 9.B. on behalf of Waterway East regarding requirements for ground floor retail regulations. He asked the Commission to exempt the retail requirement for office use on the ground floor. Korin Thor, residing at 3905 Arelia Drive North, asked the Commissioners Page 3City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final to keep the City closed during the pandemic. Ms. Thor felt that cases would increase and hinder the City by opening now. 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.B. regarding requirements for ground floor retail regulations. 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. Katerri Johnson, City Clerk, stated that there were no more public comments. 6. CONSENT AGENDA: City Manager Recommends Approval Vice Mayor Boylston motioned to approve the consent agenda as amended. It was seconded by Deputy Vice Johnson. The motion carried by the following vote: Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 6.A.FLORIDA MUNICIPAL INSURANCE TRUST (FMIT) FOR RENEWAL OF PROPERTY INSURANCE POLICY Body:Recommended Action: Recommendation:Motion to approve renewal of Property, Excess Liability and Excess Workers' Compensation Insurance from the Florida Municipal Trust Fund (FMIT) for $1,374,080 for the coverage period 10/1/2020 through 9/30/2021. Sponsors:Human Resources Department Agenda Cover Report FMIT Renewal of Property Insurance Policy Memo FMIT Quote Comparison FMIT Premium Summary FMIT Market Summary Resolution for Property Insurance Attachments: 6.B.EXTENSION FOR THE 2019-2020 STATEWIDE SCHOOL READINESS PROVIDER CONTRACT WITH THE CHILDREN SERVICES COUNCIL (CSC) FOR THE AFTER SCHOOL PROGRAM LOCATED AT POMPEY PARK AND THE DELRAY BEACH COMMUNITY CENTER WITH THE Page 4City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final EARLY LEARNING COALITION (ELC) OF PALM BEACH COUNTY, INC. Body:Recommended Action: Recommendation:Motion to approve School Readiness extension for contract year 2019-2020 fiscal year due to the state of emergency caused by the COVID-19 pandemic which resulted in delays in the Coalition's and the City's ability to fulfill certain requirements to execute the 2020-2021 Statewide School Readiness Contract prior to June 30, 2020. Sponsors:Parks & Recreation Department Agenda Cover Report Legal Review_School Readiness Extension of 2019 Agreement SchoolReadiness_contract Extension2019 Attachments: 6.C.GRANT APPLICATION AND APPROVAL/FDOT PEDESTRIAN & BICYCLE SAFETY Body:Recommended Action: Recommendation:Motion to approve the application and award from the Florida Department of Transportation (FDOT) in the amount not to exceed $65,000.00 for the pedestrian and bicycle safety education and enforcement program. Sponsors:Police Department Agenda Cover Report Legal Review Form_FDOT Bicycle_High visibility_grant_lw City of Delray Beach PD Approved Contract 18Aug2020 with signature blocks Attachments: 6.D.STATE AND LOCAL TASK FORCE AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA) Body:Recommended Action: Recommendation:Motion to approve a State and Local Task Force Agreement with Drug Enforcement Administration (DEA). Sponsors:Police Department Agenda Cover Report State and Local Task Force FY 20_lw_9_3_20 Legal Review Checklist_LW_20 - DEA Task Force 2020 Attachments: 6.E.CORONAVIRUS RELIEF FUNDS (CRF) SUBRECIPIENT AGREEMENT AMENDMENT 1 - FLORIDA HOUSING FINANCE CORPORATION (FHFC) Body:RECOMMENDATION: Page 5City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final Recommendation:Motion to authorize and approve the First Amendment to CRF Subrecipient Agreement 113-2020 between the City of Delray Beach and Florida Housing Finance Corporation (FHFC) for a total amount of $387,544 for rental and mortgage assistance payments or emergency repairs for income eligible persons who have experienced hardships related to the COVID-19 emergency. Sponsors:Community Improvement Agenda Cover Report Legal Review Checklist First Amendment to Agreement No. 113-2020 113-2020 - Amendment 1 CRF Executed Subrecipient Agreement Attachments: 6.F.APPROVING AMENDMENT #2 TO THE OCTOBER 1, 2019 VALET PARKING LICENSE AGREEMENT WITH CAFFE LUNA ROSA, INC. d/b/a CAFFE LUNA ROSA PROVIDING VALET PARKING SERVICES TO EXTEND FOR TWO YEARS THE LICENSE TO PROVIDE VALET PARKING SERVICES IN THE CENTRAL BUSINESS DISTRICT OF THE CITY OF DELRAY BEACH (CITY) Body:Recommended Action: Recommendation:Motion to approve Amendment #2 to the October 1, 2019 Valet Parking License Agreement with Caffe Luna Rosa, Inc. d/b/a Caffe Luna Rosa providing valet parking services to extend the license from October 1, 2020 until September 30, 2022. Sponsors:Public Works Department Agenda Cover Report Amendment no. 2--Caffe Luna Rosa Simple Legal Review Approval - Amend No 2 to Valet License Agreements Attachments: 6.G.APPROVING AMENDMENT #2 TO THE OCTOBER 1, 2019 VALET PARKING LICENSE AGREEMENT WITH CUT 432, LLC, d/b/a CUT 432 PROVIDING VALET PARKING SERVICES TO EXTEND FOR TWO YEARS THE LICENSE TO PROVIDE VALET PARKING SERVICES IN THE CENTRAL BUSINESS DISTRICT OF THE CITY OF DELRAY BEACH (CITY) Body:Recommended Action: Recommendation:Motion to approve Amendment #1 to the October 1, 2019 Valet Parking License Agreement with Cut 432, LLC, d/b/a Cut 432 providing valet parking services to extend the license from October 1, 2020 until September 30, 2022. Sponsors:Public Works Department Page 6City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final Agenda Cover Report Amendment no. 2--CUT 432 Simple Legal Review Approval - Amend No 2 to Valet License Agreements Attachments: 6.H.APPROVING AMENDMENT #2 TO THE OCTOBER 1, 2019 VALET PARKING LICENSE AGREEMENT WITH DELRAY TACO, LLC, d/b/a ROCCO'S TACOS PROVIDING VALET PARKING SERVICES TO EXTEND FOR TWO YEARS THE LICENSE TO PROVIDE VALET PARKING SERVICES IN THE CENTRAL BUSINESS DISTRICT OF THE CITY OF DELRAY BEACH (CITY) Body:Recommended Action: Recommendation:Motion to approve Amendment #2 to the October 1, 2019 Valet Parking License Agreement with Delray Taco, LLC, d/b/a Rocco's Tacos providing valet parking services to extend the license from October 1, 2020 until September 30, 2022. Sponsors:Public Works Department Agenda Cover Report Amendment no. 2--Delray Taco Simple Legal Review Approval - Amend No 2 to Valet License Agreements Attachments: 6.I.APPROVING AMENDMENT #2 TO THE OCTOBER 1, 2019 VALET PARKING LICENSE AGREEMENT WITH OSTERIA NUMERO UNO, LTD d/b/a ELISABETTA'S PROVIDING VALET PARKING SERVICES TO EXTEND FOR TWO YEARS THE LICENSE TO PROVIDE VALET PARKING SERVICES IN THE CENTRAL BUSINESS DISTRICT OF THE CITY OF DELRAY BEACH (CITY) Body:Recommended Action: Recommendation:Motion to approve Amendment #2 to the October 1, 2019 Valet Parking License Agreement with Osteria Numero Uno, LTD d/b/a Elisabetta's providing valet parking services to extend the license from October 1, 2020 until September 30, 2022. Sponsors:Public Works Department Agenda Cover Report Amendment no. 2--Elisabettas Simple Legal Review Approval - Amend No 2 to Valet License Agreements Attachments: 6.J.APPROVING AMENDMENT #2 TO THE OCTOBER 1, 2019 VALET PARKING LICENSE AGREEMENT WITH TAVERNA OPA ATLANTIC, LLC PROVIDING VALET PARKING SERVICES TO EXTEND FOR TWO YEARS THE LICENSE TO PROVIDE VALET PARKING SERVICES IN Page 7City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final THE CENTRAL BUSINESS DISTRICT OF THE CITY OF DELRAY BEACH (CITY) Body:Recommended Action: Recommendation:Motion to approve Amendment #2 to the October 1, 2019 Valet Parking License Agreement with Taverna Opa Atlantic, LLC providing valet parking services to extend the license from October 1, 2020 until September 30, 2022. Sponsors:Public Works Department Agenda Cover Report Amendment no. 2--Taverna Opa Simple Legal Review Approval - Amend No 2 to Valet License Agreements Attachments: 6.K.APPROVING AMENDMENT #2 TO THE OCTOBER 1, 2019 VALET PARKING LICENSE AGREEMENT WITH THE GROVE HOSPITALITY GROUP, LLC, PROVIDING VALET PARKING SERVICES TO EXTEND FOR TWO YEARS THE LICENSE TO PROVIDE VALET PARKING SERVICES IN THE CENTRAL BUSINESS DISTRICT OF THE CITY OF DELRAY BEACH (CITY) Body:Recommended Action: Recommendation:Motion to approve Amendment #1 to the October 1, 2019 Valet Parking License Agreement with The Grove Hospitality Group, LLC, providing valet parking services to extend the license from October 1, 2020 until September 30, 2022. Sponsors:Public Works Department Agenda Cover Report Amendment no. 2--the Grove Simple Legal Review Approval - Amend No 2 to Valet License Agreements Attachments: 6.L.DEDICATION OF A UTILITY EASEMENT TO FLORIDA POWER AND LIGHT FOR 223 NE 12th St. (ITEM A1) AND ACCEPTANCE OF A RIGHT-OF-WAY DEED FOR 301 NE 8TH AVE (ITEM B1). Body:Recommended Action: Recommendation:Consideration of the following items: UTILITY EASEMENT DEDICATION(S) Item A1 - Motion to approve the dedication of a Utility Easement to Florida Power and Light for 223 NE 12th St. from the City of Delray Beach. RIGHT-OF-WAY DEED(S) Page 8City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final Item B1 - Motion to approve and accept a Right-of-Way Deed for 301 NE 8th Ave. to the City of Delray Beach. Sponsors:Public Works Department Agenda Cover Report Item (1) Legal Review(s) Item (A1a) Underground Easement (Business) 223 NE 12th St. Item (A1b) Exhibit A Sketch - 223 NE 12th St. Item (B1a) ROW Deed 301 NE 8th Ave Item (B1b) Exhibit A Sketch - 301 NE 8th Ave. Attachments: 6.M.MOTION TO RATIFY CHANGE ORDER NO. 2 WITH HENRY SCHEIN, INC. FOR MEDICAL SUPPLIES IN THE AMOUNT NOT TO EXCEED $35,000 Body:Background: The Fire Rescue Department is responsible for providing emergency medical services to the citizens and visitors of the City of Delray Beach. During the course of treatment, medical supplies are consumed that need to be replaced. The department is also the central purchaser of COVID-19 supplies, e.g., surgical masks, hand sanitizer, disinfectant wipes, gloves, etc., used by all City departments. In accordance with the City’s Purchasing Policies and Procedures Manual, on January 14, 2020, the City issued a Blanket Purchase Order in the amount of $50,000 to Henry Schein, Inc. for medical supplies on an as needed basis. On June 11, 2020, Change Order No. 1 was issued to the Purchase Order to add $14,750, for a total cumulative Purchase Order total of $64,750 for additional medical supplies. On August 5, 2020, Fire Rescue Department staff became aware that, unbeknownst to them, COVID-19 related items ordered months ago and that were backordered were released causing them to exceed the amount authorized by the Purchase Order. This motion seeks to ratify Change Order No. 2 to increase the existing Purchase Order in the amount not to exceed $35,000, for a revised Purchase Order total of $99,750 contingent on appropriation of funds. The Purchasing Policies and Procedures manual provides that the City Commission must authorize the award of any contract where the cumulative value of the initial term of the contract and any option to renew terms will exceed $65,000. This motion is in accordance with Code of Ordinances Section 36.02 Page 9City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final Commission Approval Required. City Attorney Review: Approved as to form and legal sufficiency. Funding Source/Financial Impact: Funding is available from account number: 001-22-150-526.52-15. Recommendation:Recommended Action: Motion to Ratify Change Order No. 2 for additional medical supplies from approval with Henry Schein, Inc., in the not to exceed amount of $35,000. Sponsors:Fire Rescue Department and Purchasing Department Agenda Cover Report Henry Schein Outstanding Invoices 08-28-20 Attachments: 6.N.APPROVAL OF INCREASE IN THE AMOUNT OF $100,000 PER CONTRACT TERM WITH AQUIFER MAINTENANCE AND PERFORMANCE SYSTEMS, INC.,FOR WELLFIELD MAINTENANCE SERVICES FOR THE UTILITIES DEPARTMENT. Body:Recommended Action: Recommendation:Motion to approve an increase of $100,000 per contract term for a total estimated contract amount of $1,875,000 with Aquifer Maintenance and Performance Systems, Inc. for wellfield maintenance services for the Utilities department. Sponsors:Utilities Department and Purchasing Department Agenda Cover Report P2018-011 Wellfield Maintenance Agreement Executed (1)_Res 24-18 AMPS Renewal Attachments: 6.O. PROCLAMATIONS: 6.O.1. None 6.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.P.1. None 6.Q. AWARD OF BIDS AND CONTRACTS: 6.Q.1.APPROVAL OF RESOLUTION NO. 39-20 TO RATIFY AN AGREEMENT WITH SAFETY PRODUCTS, INC. FOR THE PURCHASE OF SAFETY SUPPLIES AND EQUIPMENT PREVIOUSLY EXECUTED BY THE CITY MANAGER PURSUANT TO THE EMERGENCY PURCHASING AND Page 10City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final PROCUREMENT PROCEDURES OUTLINED IN RESOLUTION 76-20 AS WELL AS CHAPTER 95 OF THE DELRAY BEACH CODE OF ORDINANCES. Body:Recommended Action: Recommendation:Motion to approve Resolution No. 39-20 to ratify an agreement with Safety Products, Inc. for Safety Supplies and Equipment previously executed by the City Manager pursuant to the emergency purchasing and procurement procedures outlined in Resolution 76-20 as well as Chapter 95 of the Delray Beach Code of Ordinances in the estimated amount of $200,000; and authorize the City Manager to approve renewal options in the amounts below, contingent upon appropriation of funds. Sponsors:Utilities Department and Purchasing Department Agenda Cover Report City of Delray Beach Agreement Attachments: Resolution CA Approved Piggyback 2020-013 Plantation Safety and First Aid Supplies ITB No lg rev (002) Legal Review Checklist Safety Products piggyback safety first aide products This item was pulled for discussion. Interim City Manager Alvarez explained that due to the absence of Commission Meetings in March and April, a resolution was passed administratively to allow some emergency contracts to be awarded. Resolution No. 39-20 would provide safety equipment for staff as needed. Deputy Vice Mayor Johnson motioned to approve Resolution No. 39-20. 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 - 6.Q.2.APPROVAL OF RESOLUTION NO. 65-20 TO RATIFY AN AGREEMENT WITH TANNER INDUSTRIES, INC. FOR ANHYDROUS AMMONIA PREVIOUSLY EXECUTED BY THE CITY MANAGER PURSUANT TO THE EMERGENCY PURCHASING AND PROCUREMENT PROCEDURES OUTLINED IN RESOLUTION 76-20 AS WELL AS CHAPTER 95 OF THE DELRAY BEACH CODE OF ORDINANCES. Body:Recommended Action: Recommendation:Motion to approve Resolution No. 65-20 to ratify an agreement with Tanner Industries, Inc. for the purchase and delivery of anhydrous ammonia previously executed by the City Manager pursuant to the emergency purchasing and procurement procedures outlined in Resolution 76-20 as well as Chapter 95 of the Delray Beach Code of Ordinances in the estimated amount of $58,000; and authorize the City Manager to approve renewal options, in the amounts below, contingent on appropriation of funds. Page 11City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final Sponsors:Utilities Department and Purchasing Department Agenda Cover Report Executed Tanner Industries Inc_ Resolution CA Approved Piggyback 2020-013 Plantation Safety and First Aid Supplies ITB No lg rev 9-8-2020 (002) Legal Review Checklist Tanner Agreement Attachments: 6.Q.3.APPROVAL OF RESOLUTION NO. 136-20 A CITY STANDARD TO AWARD AN AGREEMENT WITH MUNICIPAL CODE CORPORATION FOR CODIFICATION SERVICES $39,000 Body:Recommended Action: Recommendation:Motion to approve Resolution No. 136-20 a City Standard to award an Agreement in the amount of $39,000 with Municipal Code Corporation, for codification services for the City Clerk’s Office for the Agreement term and authorize the City Manager to exercise renewal options, in the amounts below, contingent upon appropriation of funds. Sponsors:City Clerk Department and Purchasing Department Agenda Cover Report Legal Review Checklist Municode City Standard Approval - Municode_it signed 8.17 136-20 Resolution Award of Agreement (003) Municode executed Agreement Attachments: 6.Q.4.APPROVAL OF RESOLUTION NO. 153-20 TO AWARD AN AGREEMENT TO FLORIDA CDI, LLC TO PURCHASE SERVICES RELATED TO ASSEMBLY/DISASSEMBLY OF CHRISTMAS TREE AND NORTH POLE VILLAGES PURSUANT TO INVITATION TO BID (ITB) 2020-033, (PROJECT NUMBER 17-062) - $927,500 Body:Recommended Action: Recommendation:Motion to Approve Resolution No. 153-20 to award an Agreement with Florida CDI, LLC for assembly/disassembly of Christmas Tree and North Pole Villages in an estimated amount of $927,500 through September 21, 2025, of which $185,500 is budgeted for FY 2020, pursuant to Invitation to Bid (ITB) 2020-033 (Project Number 17-062); and authorizing the City Manager to approve renewal options, in the amounts below, contingent upon appropriation of funds. Sponsors:Public Works Department and Purchasing Department Page 12City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final Agenda Cover Report Florida CDI Resolution 2020-033 Assembly Disassembly of Christmas Tree Revised Agreement for Christmas Assembly and Disassembly Legal Review Checklist Assembly and Disassembly of Christmas Tree and North Pole Village Attachments: 6.R. MINUTES: 6.R.1.CITY COMMISSION MEETING MINUTES Body:Recommended Action: Recommendation:Motion to approve meeting minutes as listed below: July 14, 2020 Workshop Meeting Minutes Sponsors:City Clerk Department Agenda Cover Report July 14, 2020 City Commission Workshop Meeting Minutes Attachments: 7. REGULAR AGENDA: 7.A.RESOLUTION NO. 161-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING WAIVER REQUESTS TO SECTION 4.4.13(D)(2)(a) OF THE LAND DEVELOPMENT REGULATIONS; APPROVING A FOUR-FEET EIGHT-INCH FRONT SETBACK ON THE EAST SIDE, A ONE-FOOT SIX-INCH FRONT SETBACK ON THE NORTH SIDE, AND A ONE-FOOT EIGHT-INCH REAR SETBACK ON THE WEST SIDE FOR THE EXISTING BUILDING LOCATED AT 98 NORTHWEST FIFTH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI-JUDICIAL). RESOLUTION NO. 162-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER REQUEST TO SECTION 4.4.13(E)(4)(e)(1)(d) OF THE LAND DEVELOPMENT REGULATIONS; APPROVING THE STOREFRONT TRANSPARENT GLAZED WINDOWS OF THE EXISTING BUILDING LOCATED AT 98 NORTHWEST FIFTH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, TO EXTEND FROM THE BASE TO SEVEN FEET TWO INCHES ON THE EAST AND NORTH SIDES; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL). Page 13City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final RESOLUTION NO. 163-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING WAIVER REQUESTS TO SECTION 4.4.13(E)(4)(e)(1)(b) OF THE LAND DEVELOPMENT REGULATIONS; APPROVING STOREFRONT OPENINGS OF SEVENTY-FIVE PERCENT OF THE WIDTH OF THE FAÇADE ON THE EAST SIDE AND SIXTY-TWO PERCENT OF THE WIDTH OF THE FAÇADE ON THE NORTH SIDE OF THE BUILDING LOCATED AT 98 NORTHWEST FIFTH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL). Body:Recommended Action: Recommendation:Review and consider Resolution Nos. 161-20, 162-20, and 163-20, granting waivers related to setbacks and storefront requirements in LDR Section 4.4.13 for an existing building located at 98 NW 5th Avenue. Setback Waiver Requests: The setback waiver requests are from City of Delray Beach Land Development Regulations (LDR) Section 4.4.13(D)(2)(a) and Table 4.4.13(C), for properties zoned Central Business District within the West Atlantic Neighborhood Sub-district, which requires front and side street setbacks of a minimum of 10 feet and maximum of 15 feet, and a setback of 10 feet in the rear. The request are: 1.Reduce the front setback to a range of 4 feet 2 inches to 4 feet 8 inches on the east side of the property; 2.Reduce the side street setback to a range of 1 foot 6 inches to 9 feet on the north side of the property; and, 3.Reduce the rear setback to a range of 1 foot 8 inches to 3 feet 8 inches, on the west side of the property. Storefront Glazing Heights Requirement Waiver: The storefront glazing setback waiver requests are from LDR Section 4.4.13(E)(4)(e)1.d., which requires a minimum storefront glazing height of 8 feet for properties zoned CBD. The request is: 1.Reduce the required storefront glazing height to 7 feet 2 inches on the front (east) and side street (north) sides of the existing building. Storefront Opening Percentage: The storefront opening waiver requests are from LDR Section 4.4.13(E)(4) (e)1.b., which sets forth requirements for the minimum percentage of required façade storefront openings for properties zoned CBD. Storefront openings shall extend along at least 80 percent of the width of the façade of the commercial space. The request is : 1.Reduce the required storefront opening percentage to 75 percent on the east side of the existing building and 62 percent on the north side of the existing building. Page 14City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final Sponsors:Development Services Department Agenda Cover ReportAttachments: Res. 161-20 98 NW 5th Ave Setback Waiver Res. 161-20-Exhibit A Setback Waiver Res. 162-20-98 NW 5th Ave Glazing Waiver Res. 162-20-Exhibit A Window Glazing Waiver Res. 163-20- Storefront Percentage Res. 163-20-Exhibit A Storefront Percentage Waiver Waiver Justification- 98 NW 5th Ave-2020-09-22 Legal Review Reso 161-20 CRA Waiver Setback Legal Review Reso 162-20 CRA Glazing Storefront Waiver Legal Review Reso 163-20 CRA Storefront Openings Size Waiver HPB Waiver Staff Report-98 NW 5th Ave Photographs-98 NW 5th Ave Plans-98 NW 5th Ave Mayor Petrolia read the Quasi Judicial rules into the record. She then asked the Commission for ex-parte communications, and the following was disclosed: Deputy Vice Mayor Johnson: None Vice Mayor Boylston: None Commissioner Casale: None Commissioner Frankel: None Mayor Petrolia: None City Clerk Katerri Johnson swore in Manny Synalovski who wished to give testimony on this item. Anthea Gianniotes, Development Services Director, entered File No. 2019-251 into the record. Mr. Synalovski, business address 1800 Eller Drive Suite 5 Fort Lauderdale, presented the highlights of the project on behalf of the applicant, Delray Beach Community Redevelopment Agency. He requested three waivers to repurpose the two-story structure located in the West Settlers Historic District. Ms. Gianniotes gave a brief presentation overviewing the proposed waivers and setbacks. She informed the Commissioner’s the Historic Preservation Board voted 6-0 on September 2, 2020, in favor of approving the West Settlers Historic District improvements. Page 15City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final There was a five-minute recess from 5:32 p.m.- 5:37 p.m. to allow public comments. When the Commission reconvened, City Clerk, Katerri Johnson, concluded no public comments were submitted. There was no cross-examination or rebuttal pertaining to the presentation. Vice Mayor Boylston motioned to approve Resolution No. 161-20. It was seconded by Deputy Vice Mayor Johnson. The vote was taken, and the motion carried 5-0. Vice Mayor Boylston motioned to approve Resolution No. 162-20. It was seconded by Commissioner Casale. The vote was taken, and the motion carried 5-0. Vice Mayor Boylston motioned to approve Resolution No. 163-20. It was seconded by Commissioner Casale. The vote was taken, and the motion carried 5-0. 7.B.RESOLUTION 172-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING WAIVER REQUESTS TO SECTION 7.10.5(D) OF THE LAND DEVELOPMENT REGULATIONS; APPROVING ADDING THE CITY AS AN ADDITIONAL INSURED TO THE POLICY FOR THE PROPERTY LOCATED AT 1120 NASSAU STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI-JUDICIAL). Body:Recommended Action: Recommendation:Review and consider Resolution No. 172-20 granting waivers to LDR Section 7.10.5(D) to waive the requirements for a Surety Bond or Letter of Credit for the relocation of an existing historic structure and accept listing the City as an additional insured to the policy for the property located at 1120 Nassau Street. Sponsors:Development Services Department Page 16City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final Agenda Cover Report Resolution 172-20 1120 Nassau Street.docx HPB Staff Report-1120 Nassau Street-2019-09-05 1. Applicant Waiver Request Letter 2. Applicant Justification 3. Bond Denial Letter 4. Luciano AI Letter 5. Luciano CCC Letter 6. Merrill Lynch Email 7. Brownie Contract 8. Brownie Insurance Policy 9. Brownie Structural AI Endorsement 10. Brownie Structural CCC Endorsement Attachments: City Attorney Gelin explained the background of Mr. Luciano’s waiver request. Mayor Petrolia asked for ex-parte communications from her colleagues. The following was disclosed: Mayor Petrolia: Communicated with City Attorney Gelin. Vice Mayor Boylston: Communicated with City Attorney Gelin. Deputy Vice Mayor Johnson: Communicated with City Attorney Gelin. Commissioner Frankel: Communicated with City Attorney Gelin. Commissioner Casale: Communicated with City Attorney Gelin. City Attorney Gelin entered File 2019-194 into the record. Mr. Charles Luciano, 120 Nassau Street, explained to the Commission that his home was damaged in a fire. He requested the Commission to approve a waiver which would allow him to shift the building to fix the damage to the foundation and preserve the historic structure of his home. City Attorney Gelin and Ms. Gianniotes reviewed the project and how it specifically relates to the waiver. City Clerk Katerri Johnson swore in Mr. Luciano who gave testimony on the item. There was a five-minute recess from 5:50 p.m.- 5:55 p.m. to allow public comments. When the Commission reconvened, City Clerk, Katerri Johnson, concluded no public comments were submitted. There was no cross- examination or rebuttal pertaining to the presentation. Commissioner Casale motioned to approve Resolution No. 172-20. It was Page 17City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final 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.C.RATIFICATION OF EMERGENCY REGULATIONS RELATED TO COVID-19 ACTIVATED UNDER CHAPTER 95 OF THE DELRAY BEACH CODE OF ORDINANCES Body:Recommended Action: Recommendation:Motion to Ratify the 21st, 22nd, 23rd, 24th, 25th and 26th Extensions of the State of Emergency for COVID -19 and Resolution Number 122-20, Resolution Number 129-20; Resolution Number 144-20; Resolution Number 151-20; Resolution Number 154-20, Resolution Number 158-20 and Resolution Number 159-20. Sponsors:City Attorney Department Agenda Cover Report 21st Extension Emergency Declaration - COVID -19 22nd Extension Emergency Declaration - COVID -19 23rd Extension Emergency Declaration - COVID-19 24th Extension Emergency Declaration - COVID -19 25th Extension Emergency Declaration - COVID -19 26th Extension Emergency Declaration - COVID -19 Reso. No. 122-20 COVID -19 Attachments: Reso. No. 129-20 - COVID 19 (Extending Directives on Wearing of Facial Coverings) Reso. No. 144-20 - COVID repealing 130-20 Proving Restrictions on operating hours of restaurants... Reso. No. 151-20 - COVID 19 Amending Reso 75-20 to provide for re-opening of Certain Recreational Facilities and Parks Reso. No. 154-20 Reso. No. 158-20 Reso. No. 159-20-COVID 19 - Phase 2 Re-opening Commissioner Casale motioned to approve the ratification of the Extensions of the State of Emergency for COVID-19 Resolutions. 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.D.NOMINATION FOR APPOINTMENT TO THE SITE PLAN REVIEW AND Page 18City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final APPEARANCE BOARD Body:Recommended Action: Recommendation:Motion to approve nomination for appointment for one (1) regular member to serve on the Site Plan Review and Appearance Board for a two (2) year term ending August 30, 2022. Sponsors:City Clerk Department Agenda Cover Report Site Plan Review and Appearance 9-22-20 09-22-2020 Exhibit A Attachments: 2020 QUARTERLY ATTENDANCE-1st 2nd qtr Cabana Cherelus Clark Jones Padover Warner Youngblood Mayor Petrolia motioned to nominate Andreka Youngblood to the Site Plan Review and Appearance Board. 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.NOMINATION FOR THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD Body:Recommended Action: 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 Page 19City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final Attachments:Agenda Cover Report Downtown Development Authority Member List 2020 2 2019-2020 Year DDA Board Attendance Record Exhibit A 09-22-20 Boundary Map Adamo Catania Clark Devitt Evans Frione McGinnis Padover Pellegrino Sefer Smith Sylvestre Warner Zirilli Commissioner Frankel motioned to nominate Frank Frione to the Downtown Development Authority Board. 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.F.DISCUSSION OF NEW REGULATION TO APPOINT AN ELECTED OFFICIAL TO SERVE ON THE AFFORDABLE HOUSING ADVISORY COMMITTEE. Body:Recommended Action: Recommendation:Motion to appoint an elected official to serve on the Affordable Housing Advisory Committee (AHAC) Sponsors:Community Improvement Agenda Cover Report Res 05-12 Resolution 12-08 Attachments: Ferline Mesidort, Neighborhood Services Administrator, explained that the Florida Housing Finance Corporation requires an elected official to serve on the Affordable Housing Advisory Committee. The elected official would Page 20City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final need to be selected by October 1, 2020. The Affordable Housing committee meets once every four months. Commissioner Frankel made a motion to appoint Vice Mayor Boylston to the Affordable Housing Advisory Committee. It was seconded by Deputy Vice Mayor Johnson. 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.G.APPROVAL OF 2021 THROUGH 2025 CAPITAL IMPROVEMENT PROGRAM BUDGET Body:Recommended Action: Recommendation:Motion to approve Capital Improvement Program (CIP) Budget for 2021 through 2025. Sponsors:Finance Department Agenda Cover Report FY 2021-2025 CIP FINAL Attachments: Commissioner Casale inquired about the route of Barwick Bicycle improvement project. Missie Barletto, Public Works Director, informed the Commissioners that staff requested the Florida Department of Transportation to move the project to a future year. The project would be partially funded by the Transportation Planning Agency. Commissioner Casale made a motion to approve the Capital Improvement Plan Budget for 2021 - 2025. It was 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 - 7.H.CONSIDERATION OF AMENDMENT NO. 1 TO THE PARKING FACILITY AND EASEMENT AGREEMENT AND PROJECT COVENANT FOR THE 4TH AND 5TH DELRAY (IPIC), SPECIFICALLY REMOVAL OF THE REQUIRED CORPORATE HEADQUARTERS RELOCATION AND PUBLIC TERRACE AREA. Body:Recommended Action: Recommendation:Motion to approve Amendment No. 1 to the Parking Facility Easement and Agreement and Project Covenant subject to approval by the Community Redevelopment Agency (“CRA”). Page 21City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final Sponsors:City Attorney Department Agenda Cover ReportAttachments: Parking Facility Easement Agreement and Project Covenant - March 3 2017 Mr. Neil Schiller, Attorney of Saul, Ewing, Arnstein, and Lehr, presented on behalf of Delray 4th and 5th avenue. He gave an overview about the City’s agreement with IPIC movie theater. Due to IPIC movie theater filing for bankruptcy, he requested the Commissioner’s to revise the public terrace and eliminate the parking maintenance payments until 2021 in the community redevelopment agency (CRA) agreement. These changes in the agreement would allow new corporations to utilize the building as their headquarters. Renee Jadusingh, Executive Director of the Community Redevelopment Agency, informed the commissioners that she was in favor of the agreement. City Attorney Gelin explained the considerations involved in the agreement and requested direction related to the headquarter’s contract language. There was consensus to change the language in the agreement to state that one corporate or regional headquarters would need to be in the building. Vice Mayor Boylston made a motion to approve the new language in the agreement and to approve Amendment No. 1. It was 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 - 8. PUBLIC HEARINGS: 8.A.RESOLUTION NO. 155-20: FINAL MILLAGE LEVY Body:Recommended Action: Recommendation:Motion to approve Resolution No. 155-20 Final Millage Levy for FY 2021. Sponsors:Finance Department Agenda Cover Report Resolution 155-20 FINAL MILLAGE LEVY FY 2021 Attachments: City Attorney Gelin explained the millage rate resolution. Page 22City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final There was a five-minute recess from 6:28 p.m.- 6:33 p.m. to allow public comments. When the Commission reconvened, City Clerk, Katerri Johnson, concluded no public comments were submitted. Vice Mayor Boylston motioned to approve resolution No. 155-20. It was seconded by Deputy Vice Mayor Johnson. The motion carried by the following vote: Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Vice-Mayor Boylston, and Commissioner Casale 4 - No:Commissioner Frankel1 - 8.B.RESOLUTION NO. 156-20: FINAL MILLAGE LEVY/DDA Body:Recommended Action: Recommendation:Motion to approve Resolution No. 156-20 Final DDA Millage Rate for FY 2021. Sponsors:Finance Department Agenda Cover Report Resolution 156-20 FINAL MILLAGE DDA Attachments: City Attorney Gelin read Resolution No. 156-20 into the record. There was a five-minute recess from 6:37 p.m.- 6:42 p.m. to allow public comments. When the Commission reconvened, City Clerk, Katerri Johnson, concluded no public comments were submitted. Vice Mayor Boylston made a motion to approve Resolution No. 156-20. 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 - 8.C.RESOLUTION NO. 157-20: FINAL BUDGET ADOPTION FOR FY 2021 Body:Recommended Action: Recommendation:Motion to approve Resolution No. 157-20 Final Budget Adoption for FY 2021. Sponsors:Finance Department Agenda Cover Report 2021 Final Hearing - Exhibit A Budget Summary v2 Resolution 157-20 Final Budget Adoption - REVISED 9.17.20 Attachments: Page 23City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final City Attorney Gelin read Resolution No. 157-20 into the record. There was a five-minute recess from 6:44 p.m.- 6:49 p.m. to allow public comments. When the Commission reconvened, City Clerk, Katerri Johnson, concluded no public comments were submitted. Commissioner Casale questioned why the overtime hours in the Fire Department budget were not cut. Chief Tomey explained that the overtime hours were due to safety inspections and other factors. Further discussion ensued among the Commissioners and City Attorney Gelin regarding the budget process complying with the City Charter. Deputy Vice Mayor Johnson made a motion to approve Resolution No. 157-20 to adopt the final budget for the fiscal year of 2021. 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.D.ORDINANCE NO. 51-20: APPROVAL OF A MODIFICATION OF THE FEE SCHEDULE IN ORDINANCE 96.66 TO PROVIDE FOR AN INCREASE IN FEES FOR EMERGENCY MEDICAL TRANSPORTS (SECOND READING) Body:Recommended Action: Recommendation:Staff recommends the approval of the modifications to the fee schedule in city ordinance 96.66 to provide for additional revenue to be collected for emergency medical transport fees. Sponsors:Fire Rescue Department Agenda Cover Report Ord 51-20 Amending Sec 96.66 EMT Fees Sec._96.66.___EMERGENCY_MEDICAL_TRANSPORTATION_FEES . (1) Legal Review Checklist Attachments: City Attorney Gelin read Ordinance No. 51-20 into the record. There was a five-minute recess from 7:03 p.m.- 7:08 p.m. to allow public comments. When the Commission reconvened, City Clerk, Katerri Johnson, concluded no public comments were submitted. Page 24City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final Vice Mayor Boylston made a motion to approve Ordinance No. 156-20. 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 - 8.E.ORDINANCE NO. 19-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A SMALL-SCALE LAND USE MAP AMENDMENT FOR A PARCEL OF LAND, AND RE-DESIGNATING SAID LAND FROM TRANSITIONAL (TRN) TO GENERAL COMMERCIAL (GC), PURSUANT TO THE PROVISIONS OF THE “COMMUNITY PLANNING ACT”, FLORIDA STATUTES SECTION 163.3187; SAID LAND LOCATED AT 14145 SOUTH MILITARY TRAIL AT THE SOUTHWEST CORNER OF MILITARY TRAIL AND CONKLIN DRIVE, WHICH MEASURES APPROXIMATELY 0.99± ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A CONFLICTS CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING/PUBLIC HEARING) Body:Recommended Action: Recommendation:Review and consider at second reading Ordinance No. 19-20, a City-initiated Land Use Map (LUM) amendment from Transitional (TRN) land use to General Commercial (GC) land use. Sponsors:Development Services Department Agenda Cover Report Ord 19-20-O'Reilly Land Use Map Amendment O'Reilly Auto Parts-PZB Staff Report O'Reilly Auto Parts-Land Use Maps Legal Review Ord 19-20 Amending FLUM for O Reilly Auto Parts.docx Attachments: City Attorney Gelin read Ordinance No. 19-20 into the record. Anthea Gianniotes, Development Services Director, informed the Commissioners items 8.E. and 8.F regarding the land use amendments are interrelated and passed their first reading on August 11, 2020. Mr. Adam Schildmeier, of WGI 2035 Vista Parkway, West Palm Beach, representing O'reilly Auto Parts, applicant, was present to answer any final questions related to the project. There was a five-minute recess from 7:12 p.m.- 7:17 p.m. to allow public comments. When the Commission reconvened, City Clerk, Katerri Page 25City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final Johnson, played the following public comments: George Genevieve residing in the Sierra Vista Community, 5020 N La Sedona Circle, Delray Beach. Requested the Commissioners to vote against the proposed rezoning changes because the building would be within 100 feet of his property. He informed the Commissioners that his homeowners association sent letters on June 11, 2020 to the Planning and Zoning Board in opposition of the project. Mr. Genevieve believed this project would cause air and noise pollution to the area. Lynn Holtzman residing at 5024 N La Sedona Circle, Delray Beach, expressed her concerns about having hazardous materials close to her front yard and believed that the proposed plan would exacerbate traffic near her community. Jeff Overstreet residing at 5132 Conklin Drive in Delray Beach questioned if his neighbors' messages were being heard and if the meeting had been advertised. He mentioned that the proposed plot of land was originally intended to be a funeral home for a low traffic entity. Mr. Overstreet also commented that the proposed project in place would negatively affect the character of the neighborhood and increase traffic significantly. City Clerk Katerri Johnson concluded public comments. City Attorney Gelin informed the Commissioners that the City followed all public notice and advertising requirements. Mayor Petrolia requested City Staff to call the public commenters to notify them that their messages were heard. Anthea Gianniotes, Development Services Director, notified the Commissioners that the proposed plot of land is already designated for commercial land use. The project received a Traffic Performance Standards (TPS) approval letter from Palm Beach County. The Site Plan and Review Board (SPRAB) would resolve with the applicant on landscaping and noise pollution provisions. Commissioner Frankel motioned to approve Ordinance No. 19-20. 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 - Page 26City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final 8.F.ORDINANCE NO. 20-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND RE-DESIGNATING LAND ZONED SPECIAL ACTIVITIES DISTRICT (SAD) TO GENERAL COMMERCIAL (GC), FOR A PARCEL OF LAND AT 14145 SOUTH MILITARY TRAIL AT THE SOUTHWEST CORNER OF SOUTH MILITARY TRAIL AND CONKLIN DRIVE, WHICH MEASURES APPROXIMATELY 0.99± ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING “CITY OF DELRAY BEACH, ZONING MAP, JUNE 29, 2017”; PROVIDING A CONFLICTS CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (SECOND READING/PUBLIC HEARING). Body:Recommended Action: Recommendation:Review and consider at second reading Ordinance No. 20-20, a privately-initiated request for rezoning from Special Activities District (SAD) to General Commercial (GC). Sponsors:Development Services Department Agenda Cover Report Ord No. 20-20 O'Reily Auto Parts Rezoning O'Reilly Auto Parts-PZB Staff Report O'Reilly Auto Parts-Zoning Maps Legal Review Ord 20-20 Rezoning O Reilly Auto Parts.docx Attachments: Commissioner Frankel motioned to approve Ordinance No. 20-20 on second reading. It was seconded by Vice Mayor Boylston. The motioned carried by the following vote: Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 8.G.ORDINANCE NO. 10-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES, BY AMENDING SECTION 4.3.4, “BASE DISTRICT DEVELOPMENT STANDARDS”, SUBSECTION (H), “SETBACKS”, SUBSECTION (3) “ZERO LOT LINE DEVELOPMENT”; AMENDING SECTION 4.4.13, “CENTRAL BUSINESS (CBD) DISTRICT”, SUBSECTION (D), “CONFIGURATION OF BUILDINGS”; AND AMENDING SECTION 4.6.9, “OFF-STREET PARKING REGULATIONS”, SUBSECTION 4.6.9(D)(1) “DESIGN STANDARDS”, TO ESTABLISH REGULATIONS FOR UNDERGROUND PARKING AND STORAGE; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (SECOND READING/PUBLIC HEARING) Page 27City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final Body:Recommended Action: Recommendation:Review and consider Ordinance No. 10-20, a City-initiated amendment to Section 4.3.4 “Base District Development Standards”, Subsection 4.3.4(H) (4) “Setbacks”, Section 4.4.13 “Central Business District”, Subsection 4.4.13(D) “Configuration of buildings”, and Section 4.6.9 “Off-street parking regulations”, Subsection 4.6.9(D)(1) “Design standards,” of the Land Development Regulations to allow underground parking within the required setbacks. Sponsors:Development Services Department Agenda Cover ReportAttachments: Ord. No. 10-20: Underground Parking Ord No.10-20, Underground Parking PZB Staff Report Legal Review: Ord 10-20 City Attorney Gelin read Ordinance No. 10-20 into the record. There was a five-minute recess from 7:34 p.m.- 7:39 p.m. to allow public comments. When the Commission reconvened, City Clerk, Katerri Johnson, concluded no public comments were submitted. Vice Mayor Boylston motioned to approve Ordinance No. 10-20 on second reading. It was 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. FIRST READINGS: 9.A.ORDINANCE NO. 50-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES, BY AMENDING SECTION 7.1.8 “CONSTRUCTION PARKING”, TO ESTABLISH REGULATIONS THAT MITIGATE STREET CLOSURES DURING CONSTRUCTION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) Body:Recommended Action: Recommendation:Review and consider a request to approve Ordinance No. 50-20, a City-initiated amendment to Section 7.1.8 “Construction parking” of the Land Development Regulations to modify existing language governing construction parking and provide new regulations for construction staging. Page 28City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final Sponsors:Development Services Department Agenda Cover ReportAttachments: Ordinance 50-20: Construction Parking and Staging Ordinance 50-20: PZB Staff Report Ordinance 50-20 Legal Review City Attorney Gelin read Ordinance No. 50-20 into the record. Anthea Gianniotes, Development Services Director, presented the City initiated project. The project requires construction traffic to be completed within a 14-day period. If proposed projects will cause more than 14 days of lane closures the project would need to be approved by the Commission. Ms. Gianniotes addressed Deputy Vice Mayor Johnson’s concerns and informed the Commission that the Development Services and Public Works Departments would hold developers accountable. City Attorney Gelin commented that she would work with Ms. Gianniotes on the enforcement of the proposed ordinance. She informed the Commissioners that this type of violation could be brought to a Special Magistrate. Vice Mayor Boylston motioned to approve Ordinance No. 50-20 on first reading. It was seconded by Deputy Vice Mayor Johnson. 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.B.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 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 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 Page 29City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final 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 Attachments:Agenda Cover Report Ord. 12-20 - Required Retail Frontage Ord. No. 12-20 - PZB Staff Report Ord. No. 12-20 - Map of Area Impacted by the Amendment Legal Review - Ord. 12-20 Required Retail Frontage City Attorney Gelin read Ordinance No. 12-90 into the record. Anthea Gianniotes, Development Services Director, explained the proposed ordinance was requested to be brought back for reconsideration. She informed the Commissioners that the Planning and Zoning Board and the Downtown Development Authority unanimously support the project. This plan would allow Waterway East to be exempt from retail requirements and permit the property to utilize office use on the ground floor. The Commissioners discussed proposed ordinance. Vice Mayor Boylston motioned to approve Ordinance No. 12-90 on first reading. It was seconded by Deputy Vice Mayor Johnson. 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: -Provided an update on the Downtown Overlay -Notified the Commissioners that due to State regulations virtual meetings would expire on October 15 -Thanked Finance Director Marie Kalka, Assistant City Manager Allyson Love, and City Staff for their assistance with the budget -Requested direction from the Commission regarding the temporary use of sidewalk cafes None Page 30City of Delray Beach Printed on 1/6/2021 September 22, 2020City Commission Minutes - Final C. City Commission Commissioner Frankel: -Requested to put flashing lights on Lake Ida Road in front of Spady Elementary School -Wished everyone a happy Rosh Hashanah Vice Mayor Boylston: -Informed his colleagues that the City pins are ready for pickup Deputy Vice Mayor Johnson: -Requested City Staff to maintain alleyways and address the issue of debris being dumped in alleyways and abandoned properties. -Requested City Staff to address the issue of Airbnbs breaking the rules Asked why the termite agreement was not renewed at the Spady property Interim City Manager Alvarez said that the termite agreement would be on the list to be renewed in October. Commissioner Casale: -Shared information about the Roots and Wings Above and Beyond Teacher Recognition and Project Uplift programs -Expressed her disappointment in the Commission's decision to investigate Mayor Petrolia. She asked her colleagues to reconsider their decision Mayor Petrolia: -Informed her colleagues that the Historic Preservation Board has gathered important information and resources regarding the Downtown Overlay. -Requested that the City figure out a solution of how to address constituent concerns regarding king tide season and combat sea level rise With no further business to discuss the meeting was adjourned at 7:50 p.m. Page 31City of Delray Beach Printed on 1/6/2021 ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the September 22, 2020 City Commission Meeting held on September 22, 2020, which Minutes were formally approved and adopted by the City Commission on January 5, 2021. 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.