December 1 2020 Regular Commission Meeting Minutes - FINALTuesday, December 1, 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
December 1, 2020City Commission Minutes - Final
1. ROLL CALL
The City Commission Meeting was called to order at 4:00 p.m.
The roll call was taken by City Clerk Katerri Johnson and the following were
present:
Mayor Shelly Petrolia, Deputy Vice Mayor Shirley Ervin Johnson, Commissioner
Adam Frankel, Vice-Mayor Ryan Boylston, and Commissioner Juli Casale
Present:5 -
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. AGENDA APPROVAL
Others present were:
Jennifer Alvarez, Interim City Manager
Lynn Gelin, City Attorney
Katerri Johnson, City Clerk
Vice Mayor Boylston motioned to approve the agenda. It was seconded by
Commissioner Casale. The motion carried by the following vote:
YES: 5 - Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel,
Vice-Mayor Boylston, and Commissioner Casale
Deputy Vice Mayor Johnson requested to pull item 6.F.1. from the Consent
Agenda for discussion. Item 6.F.1. became item 7.A.A. on the Regular
Agenda.
Vice Mayor Boylston motioned to approve the agenda as amended. It was
seconded by Commissioner Casale. The motion carried by the following
vote:
YES: 5 - Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel,
Vice-Mayor Boylston, and Commissioner Casale
4. PRESENTATIONS:
4.A. None
5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS:
A. City Manager's response to prior public comments and inquiries
None:
B. From the Public
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December 1, 2020City Commission Minutes - Final
Rob Long, Chair of the Palm Beach County Soil and Water Conservation
District, residing at 2962 Calabria Way, refused to retract his statements
regarding PFAS chemicals in the City’s water. He would like to work with
the City collaboratively to improve the City’s water quality and stay in his
position on the City’s Planning and Zoning Board.
Laura Simon, Executive Director of the Downtown Development Authority
(DDA), residing at 85 SE 4th Avenue, provided an update on efforts to
support local businesses during the holidays. She encouraged the
community to participate in the DDA’s holiday toy drive.
Bruce Bastian, 1440 Lake Drive, requested the Commission to keep Rob
Long as a member of the Planning and Zoning Board. He commended Mr.
Long for advocating for the City to exceed the Environmental Protection
Agencies guidelines.
Dr. Stewart George Cass, Juno Beach Council Member, residing at 900
Ocean Drive Apt 702, Juno Beach, advised the Commission to allow Rob
Long to continue to serve on the Planning and Zoning Board.
City Clerk Katerri Johnson concluded public comments.
6. CONSENT AGENDA: City Manager Recommends Approval
Deputy Vice Mayor Johnson made a motion to approve the consent
agenda as amended. It was seconded by Vice Mayor Boylston. The
motion carried by the vote:
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel,
Vice-Mayor Boylston, and Commissioner Casale
5 -
6.A.CITY COMMISSION MEETING MINUTES
Body:Recommended Action:
Recommendation:Motion to approve meeting minutes as listed below:
July 21, 2020 Regular City Commission Meeting
August 18, 2020 Regular City Commission Meeting
August 24, 2020 Special Meeting
August 24, 2020 Special City Commission Meeting
August 24, 2020 Workshop Meeting
Sponsors:City Clerk Department
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December 1, 2020City Commission Minutes - Final
Agenda Cover Report
July 21 Regular Meeting Minutes Revised Draft format
August 18 2020 -DRAFT
August 24 2020 1st Special Meeting - DRAFT Revisions
August 24 2020 2nd Special Meeting - DRAFT revisions
August 24 2020 Workshop Meeting - Draft
Attachments:
6.B.AGREEMENT FOR VOTE PROCESSING EQUIPMENT USE AND
ELECTION SERVICES BY AND BETWEEN THE PALM BEACH
COUNTY SUPERVISOR OF ELECTIONS AND THE CITY OF DELRAY
BEACH.
Body:Recommended Action:
Recommendation:Recommend approval of the attached agreement.
Sponsors:City Clerk Department
Agenda Cover Report
2021 Municipal Election Agreement (004)
Simple Legal Review Approval (003)
Attachments:
6.C.INTERLOCAL AGREEMENT WITH THE DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY FOR THE CO-TITLE SPONSORSHIP OF
THE 2021 DELRAY BEACH OPEN
Body:Recommended Action:
Recommendation:Motion to approve the Interlocal Agreement for the Co-Title Sponsorship of
the 2021 Delray Beach Open with the Delray Beach Community
Redevelopment Agency (CRA) for a term which will commence upon
execution of the contract and terminate on September 30, 2021 in the
amount of $905,000.
Sponsors:Parks & Recreation Department
Agenda Cover Report
Exhibit A - ILA 2021 Delray Beach Open
Legal Review Checklist form v. 6 ILA with CRA for Tennis Tournament
ILA Tennis Sponsorship 2020-2021_
Attachments:
6.D.APPROVAL TO ACCEPT EMERGENCY CHILD CARE RELIEF GRANT
FUNDS IN THE AMOUNT OF $19,950 FROM THE EARLY LEARNING
COALITION (ELC) OF PALM BEACH COUNTY TO BE USED AT OUR
TWO (2) OUT OF SCHOOL PROGRAM LOCATIONS
Body:Recommended Action:
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December 1, 2020City Commission Minutes - Final
Recommendation:Motion to approve acceptance of grant funds through the Child Care and
Development Block Grant (CCDBG) to provide Emergency Child Care
relief funds in the amount of $19,950 from the Early Learning Coalition
(ELC) of Palm Beach County.
Sponsors:Parks & Recreation Department
Agenda Cover Report
RE Emergency funding
LegalReview_ELC_GrantFunds
Attachments:
6.E. PROCLAMATIONS:
6.E.1.WORLD AIDS DAY PROCLAMATION - DECEMBER 1, 2020
Body:Recommended Action:
Recommendation:Motion to declare December 1, 2020 as World Aids Day.
Sponsors:City Clerk Department
Agenda Cover Report
World AIDS Day
Attachments:
6.F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
6.F.1.REPORT OF APPEALABLE LAND USE ITEMS FROM OCTOBER 12,
THROUGH OCTOBER 30, 2020.
Body:Recommended Action:
Recommendation:By motion, receive and file this report.
Sponsors:Development Services Department
Agenda Cover Report
Appealable Items Map
A - Opal Grand Appealable Report
B - Delray Chevrolet Appealable Report
C - Delray Park Plaza Appealable Report
D - Collier Car Club Appealable Report
E - 110 Building Appealable Report
F - Pour & Famous Appealable Report
Attachments:
Deputy Vice Mayor Johnson expressed her concerns about an outdoor
restaurant with music being in close proximity to the Straghn funeral home.
Lynn Gelin, City Attorney, asked the Commission if they wished to appeal
the item.
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December 1, 2020City Commission Minutes - Final
Commissioner Casale made a motion to appeal item 6.F.1. and
discuss the matter at the next Commission meeting. 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 -
6.G. AWARD OF BIDS AND CONTRACTS:
6.G.1.APPROVAL OF RESOLUTION NO. 107-20 TO AWARD AN
AGREEMENT TO CDW GOVERNMENT LLC FOR PURCHASE OF
TECHNOLOGY PRODUCTS, SERVICES AND SOLUTIONS; UTILIZING
CITY OF MESA, ARIZONA SOLICITATION NO. 2018011 - $1,900,000
Body:Recommended Action:
Recommendation:Motion to approve Resolution No. 107-20 to award an Agreement to CDW
Government LLC for the purchase of technology products, services and
solutions in the estimated amount of $1,600,000 for the Police Department
and $300,000 for the Information Technology Department through February
28, 2023, utilizing the City of Mesa, Arizona Solicitation No. 2018011, and
authorize the City Manager to approve renewal options, in the amounts
below, contingent on appropriations of funds.
Sponsors:IT Department, Police Department and Purchasing Department
Agenda Cover Report
Legal Review Checklist CDW Government LLC
Resolution 107-20 CDWG - City of Mesa Omnia
Agreement - CDWG - OMNIA COOPERATIVE
Attachments:
7. REGULAR AGENDA:
7.A.RESOLUTION NO: 191-20: A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING
A WAIVER REQUEST TO SECTION 4.6.7(E)(7) OF THE LAND
DEVELOPMENT REGULATIONS TO INSTALL A SIGN ON A WALL NOT
FACING A DEDICATED STREET FRONTAGE AS REQUIRED;
APPROVING SAID INSTALLATION ON THE SOUTH ELEVATION OF
THE PROPERTY LOCATED AT 16000 S. MILITARY TRAIL, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL
HEARING)
Body:Recommended Action:
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December 1, 2020City Commission Minutes - Final
Recommendation:Review and consider Resolution No. 191-20; granting a waiver to Section
4.6.7(E)(7) of the Land Development Regulations approving installation of
a wall sign which is not facing a dedicated street frontage on the south
elevation of the property at 16000 S. Military Trail.
Sponsors:Development Services Department
Agenda Cover Report
Res. No. 191-20
Res. 191-20 Exhibit A
Justification letter
Simple Legal Review Approval Resolution 191-20
Attachments:
Mayor Petrolia read the Quasi Judicial rules into the record. She asked her
colleagues for ex-parte communications. The following was disclosed:
Deputy Vice Mayor Johnson: None
Vice Mayor Boylston: None
Commissioner Frankel: None
Commissioner Casale: None
Mayor Petrolia: None
City Clerk Katerri Johnson swore in Rick Torres who gave testimony on
this item.
Anthea Gianniotes, Development Services Director, entered Resolution
No. 191-20 and File No. 221-017 into the record.
Mr. Torres of Alternative Sign Group spoke on behalf of the applicant
7-Eleven requesting a sign waiver.
Ms. Gianniotes presented a staff report detailing the request.
There was a five-minute recess from 4:28 p.m.- 4:33 p.m. to allow public
comments. When the Commission reconvened, City Clerk Katerri Johnson
concluded that no public comments were submitted.
There was no cross-examination or rebuttal pertaining to the presentation.
Vice Mayor Boylston made a motion to approve Resolution No. 191-20. It
was seconded by Commissioner Frankel. The motion carried by the
following vote:
YES: 5 - Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor
Boylston, and Commissioner Casale
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December 1, 2020City Commission Minutes - Final
City Clerk Katerri Johnson played the following public comment that was
missed:
John R. Eubanks Jr, Attorney of Sniffen and Spellman, 605 N Olive Avenue
2nd Floor, West Palm Beach, expressed his concern about the height of
the proposed 110 building on Atlantic Avenue.
The Commissioners engaged in a discussion about the 110-building
height.
City Attorney Gelin provided clarification on the matter.
There was consensus to continue to the next item.
7.B.RESOLUTION NO. 179-20: A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A
CONDITIONAL USE REQUEST PURSUANT TO SECTION 4.4.6(H)(6) OF
THE LAND DEVELOPMENT REGULATIONS; PROVIDING A DENSITY
BONUS IN EXCHANGE FOR WORKFORCE HOUSING FOR THE
PROJECT KNOWN AS “FREDERICK ISLES” AT 2621 FREDERICK
BOULEVARD, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”,
PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
(QUASI-JUDICIAL HEARING)
Body:Recommended Action:
Recommendation:Review and consider Resolution No. 179-20, granting a conditional use to
provide a density bonus in exchange for workforce housing, increasing
density from 12 dwelling units per acre to 16 dwelling units per acre, for the
project know as "Frederick Isles" located at 2621 Frederick Boulevard.
Sponsors:Development Services Department
Agenda Cover Report
Frederick Isles - Resolution 179-20
Frederick Isles - Planning and Zoning Board Staff Report
Frederick Isles - Applicant Justification Letter
Frederick Isles - Location Map
Frederick Isles - Map DIA-7
Frederick Isles - SCAD Letter
Legal Review Resol 179-20 .docx
Attachments:
Anthea Gianniotes, Development Services Director File No. 2020-243 into
the record.
Mayor Petrolia asked her colleagues for ex-parte communications. The
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December 1, 2020City Commission Minutes - Final
following was disclosed:
Vice Mayor Boylston: None
Deputy Vice Mayor Johnson: None
Commissioner Frankel: None
Commissioner Casale: None
Mayor Petrolia: None
City Clerk Katerri Johnson swore in Miles Rich and Spencer Rich who
provided testimony on this item.
Miles and Spencer Rich gave a presentation highlighting the project. They
informed the Commissioners that the Fredricks Isles Townhomes would
include workforce housing units.
Ms. Gianniotes presented a staff analysis on the proposed project. She
notified the Commissioners that the Planning and Zoning Board voted 6-1
in support of the project on October 19, 2020.
There was a five-minute recess from 4:54 p.m.- 4:59 p.m. to allow public
comments. When the Commission reconvened, City Clerk Katerri Johnson
played the following public comment:
Jeffery Cannon residing at 17686 Foxborough Lane, Boca Raton
commended the Rich brothers for being invested in the community and
expressed his support for the Fredricks Isles Townhomes.
The Commissioners engaged in a discussion with Ms. Gianniotes and the
applicants regarding the workforce housing units and parking concerns.
Commissioner Casale made a motion to approve Resolution No. 179-20.
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.C.RATIFICATION OF EMERGENCY REGULATIONS RELATED TO
COVID-19 ACTIVATED UNDER CHAPTER 95 OF THE DELRAY
BEACH CODE OF ORDINANCES
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December 1, 2020City Commission Minutes - Final
Body:Recommended Action:
Recommendation:Motion to Ratify the 35th and 36th Extensions of the State of Emergency for
COVID -19.
Sponsors:City Attorney Department
Agenda Cover Report
35th Extension Emergency Declaration - COVID 19
36th Extension Emergency Declaration - COVID 19
Attachments:
Vice Mayor Boylston motioned to approve the ratification of the
Extensions of the State of Emergency for COVID-19 Resolutions. 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.D.AMENDMENT TO THE CAPITAL IMPROVEMENT PROGRAM BUDGET
FOR 2021 THROUGH 2025
Body:Recommended Action:
Recommendation:Motion to Approve Amendment to the Capital Improvement Program
budget for Fiscal Year (FY) 2021 through 2025 adopted September 22,
2020.
Sponsors:Finance Department
Agenda Cover Report
FY 2021-2025 CIP AMENDED FINAL
Attachments:
Commissioner Frankel made a motion to approve the amendment to the
Capital Improvement Program. It was seconded by Vice Mayor
Boylston. The motion carried by the following vote:
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel,
Vice-Mayor Boylston, and Commissioner Casale
5 -
8. PUBLIC HEARINGS:
8.A.ORDINANCE NO. 37-20: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING A
SCRIVENER’S ERROR BY ADOPTING A SMALL-SCALE LAND USE
MAP AMENDMENT FOR SIXTY-ONE PARCELS OF LAND, WHICH
MEASURES APPROXIMATELY 9.94± ACRES, AND RE-DESIGNATING
SAID LAND FROM LOW DENSITY (LD) TO GENERAL COMMERCIAL
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December 1, 2020City Commission Minutes - Final
(GC), TRANSITIONAL (TRN), AND MEDIUM DENSITY (MD), PURSUANT
TO THE PROVISIONS OF THE “COMMUNITY PLANNING ACT”,
FLORIDA STATUTES SECTION 163.3187; SAID LAND GENERALLY
LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF
OLD DIXIE HIGHWAY AND SE 10TH STREET, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING A CONFLICTS
CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES. (PUBLIC
HEARING/SECOND READING)
Body:Recommended Action:
Recommendation:Review and consider a request to approve Ordinance No. 37-20, a
City-initiated amendment to the Land Use Map from Low Density (LD) to
General Commercial (GC), Medium Density (MD), and Transitional (TRN)
land use to correct a scrivener’s error.
Sponsors:Development Services Department
Attachments:Agenda Cover Report
Ord. No. 37-20 Silver Terrace Land Use
Silver Terrace Land Use: Staff Report
Silver Terrace: Location Map
Silver Terrace Land Use: History
Ord. No. 37-20 Legal Review
Lynn Gelin, City Attorney, read Ordinance No. 37-20 into the record.
There was a five-minute recess from 5:25 p.m. - 5:30 p.m. to allow public
comments. When the Commission reconvened, City Clerk Katerri Johnson
concluded that no public comments were submitted.
Vice Mayor Boylston made a motion to approve Ordinance No. 37-20 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 -
8.B.ORDINANCE NO. 56-20: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE
OF ORDINANCES, BY AMENDING CHAPTER 120, “OPERATION AND
SALE OF FOOD FROM MOBILE FOOD TRUCKS,” SECTION 120.01,
“OPERATION AND SALE OF FOOD FROM MOBILE FOOD TRUCKS,”
TO UPDATE THE DEFINITIONS, MODIFY THE REQUIREMENTS TO
OPERATE MOBILE FOOD TRUCKS WITHIN THE CITY, MODIFY THE
LIMITATIONS AND PROHIBITIONS FOR THE OPERATION OF FOOD
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December 1, 2020City Commission Minutes - Final
TRUCKS WITHIN THE CITY, AND ELIMINATE AND REPLACE CIVIL
CITATIONS WITH GENERAL PENALTIES; PROVIDING A CONFLICTS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO
CODIFY; AND PROVIDING AN EFFECTIVE DATE. (SECOND
READING)
Body:Recommended Action:
Recommendation:Review and consider a City-initiated request for amend Chapter 120 of the
Code of Ordinances - “Operation and sale of Food from Mobile Food
Trucks” to bring the adopted regulations into compliance with State of
Florida regulatory changes.
Sponsors:Development Services Department
Attachments:Agenda Cover Report
Ordinance No. 56-20: Mobile Food Trucks
Ordinance No. 56-20: Legal Review
Lynn Gelin, City Attorney, read Ordinance No. 56-20 into the record.
There was a five-minute recess from 5:31 p.m. - 5:36 p.m. to allow public
comments. When the Commission reconvened, City Clerk Katerri Johnson
played the following public comment:
Andrea Keiser of Keiser Legal, located at 55 SE 2nd Ave, commented that
food trucks could help bars thrive and not simply survive during the
pandemic. Ms. Keiser recommended that the Commissioners pass item
8.B before the holidays.
City Clerk Katerri Johnson concluded public comments.
Commissioner Frankel made a motion to move this item to the December
8, Commission Meeting. 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.C.ORDINANCE NO. 58-20: 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 ADOPTING FINDINGS BY AMENDING
SECTION 4.3.3, “SPECIAL REQUIREMENTS FOR SPECIFIC USES”, TO
ADD A NEW SUBSECTION (CC), “CBD OIL ESTABLISHMENTS”, TO
PROVIDE A PURPOSE AND INTENT AND SPECIFIC REGULATIONS
REGARDING THE HOURS OF OPERATION, PROHIBITIONS BY
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December 1, 2020City Commission Minutes - Final
FREQUENCY AND PROXIMITY TO CERTAIN USES AND ZONING
DISTRICTS, AND ACCESSORY USE REGULATIONS; AMENDING
ARTICLE 4.4, “BASE ZONING DISTRICT,” SECTION 4.4.9, “GENERAL
COMMERCIAL (GC) DISTRICT”, SUBSECTION (B), “PRINCIPAL USES
AND STRUCTURES PERMITTED”, AMENDING SECTION 4.4.12,
“PLANNED COMMERCIAL (PC) DISTRICT,” SUBSECTION (B),
“PRINCIPAL USES AND STRUCTURES PERMITTED”, AMENDING
SECTION 4.4.13, “CENTRAL BUSINESS (CBD) DISTRICT,”
SUBSECTION (C), “ALLOWABLE USES,” (3), “REQUIRED RETAIL
FRONTAGE USE LIMITATIONS,” TABLE 4.4.13(A) - “ALLOWABLE
USES IN THE CBD SUB-DISTRICTS”, AMENDING SECTION 4.4.19,
“MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT”,
SUBSECTION (B), “PRINCIPAL USES AND STRUCTURES
PERMITTED”, AMENDING SECTION 4.4.20, “INDUSTRIAL (I) DISTRICT”,
SUBSECTION (B), “PRINCIPAL USES AND STRUCTURES
PERMITTED”, AMENDING SECTION 4.4.26, “LIGHT INDUSTRIAL (LI)
DISTRICT”, SUBSECTION (B), “PRINCIPAL USES AND STRUCTURES
PERMITTED” TO ADD CBD OIL ESTABLISHMENTS TO THE LIST OF
PRINCIPAL USES AND STRUCTURES PERMITTED AND PROVIDE
ADDITIONAL LOCATION RESTRICTIONS; PROVIDING A CONFLICTS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO
CODIFY; AND PROVIDING AN EFFECTIVE DATE. (SECOND
READING)
Body:Recommended Action:
Recommendation:Review and consider Ordinance No. 58-20, amending the Land
Development Regulations to add CBD Oil Establishments as a use with
location and frequency restrictions.
Sponsors:Development Services Department
Agenda Cover Report
Ord No 58-20 CBD Oil Establishments
Ord No 58-20 CBD Oil PZB Staff Report
CBD Oil Allowed Areas_300ft.pdf
CBD Oil Allowed Areas Zoning_300ft.pdf
Simple Legal Review Approval CBD Ordinance
DDA Memo 11.16.20 - CBD Oil Establishments.pdf
Attachments:
Lynn Gelin, City Attorney, read Ordinance No. 58-20 into the record.
Anthea Gianniotes, Development Services Director, informed the
Commissioners about the adjustment to the proposed floor plan since the
first reading.
There was a five-minute recess from 5:41 p.m. - 5:46 p.m. to allow public
comments. When the Commission reconvened, City Clerk Katerri Johnson
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December 1, 2020City Commission Minutes - Final
concluded that no public comments were submitted.
Deputy Vice Mayor Johnson made a motion to approve Ordinance No.
58-20. 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. 53-20: 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, CHAPTER 4, “ZONING REGULATIONS,”
ARTICLE 4.6, “SUPPLEMENTAL DISTRICT REGULATIONS,” SECTION
4.6.7, “SIGNS,” BY AMENDING SUBSECTION (E), “SIGN DESIGN
STANDARDS,” AND SUBSECTION (J), “PROHIBITED SIGNS,” TO
ESTABLISH REGULATIONS ALLOWING CERTAIN SIGN DESIGNS TO
EXTEND INTO THE RIGHT-OF-WAY WITHIN THE CENTRAL BUSINESS
DISTRICT AND OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT
AND RESTRUCTURE EXISTING SUBSECTIONS TO ELIMINATE
INCONSISTENT REQUIREMENTS; 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. 53-20, a
City-initiated amendment to the Land Development Regulations (LDR)
Section 4.6.7 “Signs,” Section 4.6.7(E) “Sign Design Standards,” Section
4.6.7(J) "Prohibited Signs" to establish regulations allowing certain signs
designs to extend into the right-of-way in certain zoning districts.
Sponsors:Development Services Department
Agenda Cover Report
Ord 53-20 Signs Update
Ord 53-20 Signs Update- HPB Staff Report
Ord 53-20 Signs Update- PZB Staff Report
CBD and OSSHAD with CBD Map
Ord 53-20 Signs - Legal Review
DDA Memo 11.16.20 - Signs Ordinance No. 53-20
Attachments:
Lynn Gelin, City Attorney, read Ordinance No. 53-20 into the record.
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December 1, 2020City Commission Minutes - Final
Anthea Gianniotes, Development Services Director, gave a presentation
about the proposed ordinance. She informed the Commissioners this
proposal would update and clarify the current sign regulations. Ms.
Gianniotes notified the Commission that the Planning and Zoning Board
recommended approval of the project with a vote of 4-3 on October 19,
2020. The Historic Preservation Board also voted in favor of the project
with a vote of 4-3 on November 2, 2020.
Vice Mayor Boylston expressed his concerns regarding the board votes.
Ms. Gianniotes provided clarification on the board's decisions.
Commissioner Frankel motioned to approve Ordinance No. 53-20. 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 -
10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
A. City Manager
B. City Attorney
Jennifer Alvarez, Interim City Manager, informed the Commissioners
that the City would be applying for a $500,000 Palm Beach County
COVID-19 relief reimbursement grant.
Lynn Gelin, City Attorney, requested approval to schedule a Shade
Meeting on Monday, December 14, at 9:00 a.m. to discuss the Jamael
Stewart and Michael Coleman cases.
Vice Mayor Boylston made a motion to approve the Shade Meeting. It
was seconded by Commissioner Frankel. The motion carried by the
following vote:
YES: 5 - Mayor Petrolia, Deputy Vice Mayor Johnson, Commissioner Juli Casale, Vice Mayor
Boylston, and Commissioner Adam Frankel
City Attorney Gelin requested clarification on the Commissioner’s votes
in order to verify the board order for the George Gretsas Case.
Mayor Petrolia: Confirmed a yes vote on all nine items.
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December 1, 2020City Commission Minutes - Final
Commissioner Casale: Confirmed a yes vote on all nine items.
Deputy Vice Mayor Johnson: Confirmed a yes vote on all nine items.
Commissioner Frankel: Believed that he only voted yes on count eight
related to dissemination of false statements.
Vice Mayor Boylston: Believed that he voted yes on count eight related
to dissemination of false statements, count five related to the hiring of
Jason King, and count three related to the hiring of Timothy Edkin.
C. City Commission
Vice Mayor Boylson informed his colleagues that he has been working
with Nicolas Coppola and the Human Rights Council of Palm Beach
County to propose creating a pride crosswalk.
He asked for consensus to allow staff to look into areas where the
crosswalk would be possible.
There was consensus to research potential areas within the City for a
pride crosswalk.
Anthea Gianniotes, Development Services Director, provided
information and clarification of staff progress on the parklets.
The Commissioners and staff discussed the parklets, the Carver High
School Preservation project, and the legislative package.
There was consensus to allow staff to continue their efforts on the
Carver High School Preservation project
Commissioner Casale thanked Hassan Hadjimiry, Utilities Director.
She expressed concern about the recent comments regarding the
City’s water quality. Commissioner Casale asked Interim City Manager
Alvarez if there was a better way to get the message out to the
residents.
Interim City Manager Jennifer Alvarez and the Commissioners engaged
in a discussion on how to handle public relations regarding the water.
There was consensus to allow the City to hire a public relations firm to
assist with messaging about the safety of the water.
Further discussion ensued about the Commissioners concerns
addressing the misinformation distributed by Mr. Long regarding
chemicals in the City’s water. The Commissioners also voiced their
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December 1, 2020City Commission Minutes - Final
support and respect for Mr. Hadjimiry.
Commissioner Frankel thanked the police department for the trucks
with digital messaging on Atlantic Avenue. Additionally, he asked for an
update on the S.D. Spady Elementary School lights.
Interim City Manager Alvarez provided an update on the S.D. Spady
Elementary School lights.
Deputy Vice Mayor Johnson and Vice Mayor Boylston informed their
colleagues about their participation with School Board member
Robinson’s event. Additionally, she reported on the success of her
Turkey Drive; it made her more aware of the increased need for food
assistance.
Mayor Petrolia requested an update on the Downtown Overlay. She
thanked the City for lighting the holiday tree early. Additionally, she
asked her colleagues if they would be open to having staff look into
installing speed bumps in school zones.
There was consensus to provide additional safety measures in school
zones.
Vice Mayor Boylston asked his colleagues to keep Mr. Straghn in their
thoughts as he battles COVID-19.
With no further business to discuss, the meeting was adjourned at 6:33
p.m.
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