February 2, 2021 Regular Meeting Minutes - FINAL with signature pageTuesday, February 2, 2021
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 - https://youtu.be/_VXpM0AgtC0
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
February 2, 2021City 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 Katerri Johnson, City Clerk, and the following
were present:
Mayor Shelly Petrolia, Deputy Vice Mayor Shirley Ervin Johnson, Commissioner
Adam Frankel, Vice-Mayor Ryan Boylston, and Commissioner Juli Casale
Present:5 -
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. AGENDA APPROVAL
Others present were:
Jennifer Alvarez, Interim City Manager
Lynn Gelin, City Attorney
Katerri Johnson, City Clerk
Commissioner Frankel made a motion to approve the agenda. 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 -
4. PRESENTATIONS:
4.A.PRESENTING DITMAR INGRAM, DIGITAL/SOCIAL MEDIA
COORDINATOR, WITH EMPLOYEE OF THE MONTH FOR DECEMBER
2020.
Body:Recommended Action:
Recommendation:Motion to present Ditmar Ingram, Digital/Social Media Coordinator with
Employee of the Month for December 2020.
Sponsors:Human Resources Department
Agenda Cover Report
Ditmar Ingram Nomination Form
Attachments:
LeShay Ferguson, Human Resources Generalist, recognized Ditmar
Ingram, Digital/Social Media Coordinator, as Employee of the Month for
December 2020.
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February 2, 2021City Commission Minutes - Final
4.B.
Gina Carter, Public Information Officer, commended Mr. Ingram for his
tremendous work ethic and for all the videos he created for the City.
Mr. Ingram accepted his award and received eight hours off with pay.
PRESENTATION BY MS. ERICA WHITFIELD, PALM BEACH COUNTY
SCHOOL BOARD MEMBER, TO DISCUSS THE STATE OF
EDUCATION IN THE FOURTH DISTRICT.
Body:Recommended Action:
Recommendation:Presentation only.
Sponsors:City Clerk Department
Agenda Cover ReportAttachments:
Erica Whitfield, Palm Beach County School Board Member, gave a
presentation to the Commissioners about how the students in the City are
adapting due to COVID-19 with digital technology. Due to referendum
dollars the School District was able to provide a chrome book for every
student. She reported the struggles students are facing and complimented
the city on their hunger and homeless programs.
The Commissioners and School Board Member Whitfield engaged in a
discussion about the School District’s efforts to help and reconnect with
students who have fallen behind. The Commission commended the School
Board for their efforts and offered their full support.
5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS:
Mike Vancek, Owner of Surf District Surf Shop, 2020 NE 1st St, #900,
Delray Beach, voiced his concern about an agenda proposal which would
give out citations for retailers who keep up signs. He requested the
Commission to reconsider and to let businesses continue to keep their
signage.
Ned Wehler, representing the Beach Property Owners Association,
residing at 1010 Ingraham Avenue, commented on agenda item 9.A. He
complimented the Development Services Staff and recommended the
Commission approve the ordinance on first reading because it addresses
regulations for rooftop usage and height limitations.
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February 2, 2021City Commission Minutes - Final
Brian Rosen, owner of Oceanside Gardens Bar, residing at 106 NE 15th
Street, Delray Beach, expressed his gratitude to the City of Delray Beach
for permitting his business to keep outdoor space open until 9:00 p.m. He
asked for a 15-week extension on the outdoor space with extended hours
so his business can recover lost revenue and help transition his bar into a
restaurant.
Daniel Zerneck, residing at 1301 SW 10th Avenue, Delray Beach, asked
the Commission to address the conditions of the municipal golf course.
David Hopple DIP Supply LLC, residing at 1700 SW 57th Avenue, Miami,
informed the Commissioners that his company did contract work for Ric
Man Construction. Ric Man Construction company owes DIP Supply LLC
$38,561. Baxter Goodman advised Mr. Hopple to file a lawsuit. He asked
the City of Delray Beach for assistance with getting the construction
company to pay DIP Supply LLC.
A. City Manager's response to prior public comments and inquiries
None
B. From the Public
6. CONSENT AGENDA: City Manager Recommends Approval
Commissioner Frankel made a motion to approve the consent agenda. 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.A.CITY COMMISSION MEETING MINUTES
Body:Recommended Action:
Recommendation:Motion to approve meeting minutes as listed below:
July 12, 2016, Regular Meeting Minutes
October 4, 2016, Regular Meeting Minutes
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February 2, 2021City Commission Minutes - Final
December 8, 2020, Regular Meeting Minutes
January 5, 2021, Regular Meeting Minutes
January 12, 2021 Workshop Meeting Minutes
Sponsors:City Clerk Department
Attachments:
6.B.
Agenda Cover Report
July 12, 2016, Regular Meeting Minutes - DRAFT
October 4, 2016, Regular Meeting Minutes - DRAFT
December 8, 2020 Regular Commission Meeting Minutes - Draft
January 5, 2021 Regular Meeting Minutes - DRAFT
January 12, 2021 Workshop Meeting Minutes - DRAFT
APPROVAL OF AMENDMENT NO. 1 TO THE AGREEMENT WITH
INCIDENT RESPONSE TECHNOLOGIES, INC. FOR RHODIUM
INCIDENT MANAGEMENT SYSTEM SERVICES, UTILIZING NORTH
TEXAS SHARE PROGRAM CONTRACT #NCT 2017-36 - $23,124
Body:Recommended Action:
Recommendation:Motion to approve Amendment No. 1 to the Agreement with Incident
Response Technologies, Inc. for Rhodium incident management system
services utilizing North Texas SHARE Program contract #NCT 2017-36
and authorize the City Manager to approve renewal options, in the amounts
below, contingent on the appropriation of funds.
Sponsors:Police Department and Purchasing Department
Attachments:
6.C.
Agenda Cover Report
Legal Review Checklist_IRT Rhodium_Amend 1_lw
Incident Response Agreement
Delray Beach PD (3yr) 186 Motorola Radio GPS interface with North
Texas Agreement Pricing_V4
ITEM(S) A1, A2 AND A3- ACCEPTANCE OF A RIGHT-OF-WAY
DEDICATION FOR 218 NW 9th St.; ACCEPTANCE OF TWO
RIGHT-OF-WAY DEDICATIONS FOR 200 NE 7TH AVE.
Body:Recommended Action:
Recommendation:Consideration of the following items:
RIGHT-OF-WAY DEED(S)
Items A
Item A1 - Motion to approve and accept a Right-of-Way dedication by the
owner(s) of 218 NW 9th St. to the City of Delray Beach.
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February 2, 2021City Commission Minutes - Final
Item A2 - Motion to approve and accept a Right-of-Way dedication by the
owners of 200 NE 7th Ave. to the City of Delray Beach.
Item A3 - Motion to approve and accept a Right-of-Way dedication by the
owners of 200 NE 7th Ave. to the City of Delray Beach
RIGHT OF WAY DEDICATION(S)
Item A1
Consider acceptance of a Right-of-Way Dedication located at 218 NW 9th
St.
The owner(s), Christopher J. Brown, submitted building permit #20-191250
on 8/10/20 for the subject property. The property is at the intersection of
NW 9th Street and NW 3rd Avenue. In accordance with LDR 6.1.2 (C)(2)
(e), there must be a 25’ radius at the intersection of two road right-of-ways.
There is currently only a 20’ radius. As a result, a 25’ radius Right-of-Way
dedication was requested to satisfy the requirement.
There is no City cost now or in the future for these items.
Item A2
Consider acceptance of a Right-of-Way Dedication located at 200 NE 7th
Ave.
The owner(s), JD Realty Holdings, LLC, submitted building permits
#18-179506, 18-179508 and 18-179510 for the subject property. The
adjacent roadway has an ultimate right-of-way width of 50 feet. In
accordance with LDR 5.3.1 (D), 5’ would be required from this property. As
a result, a 5’ Right-of-Way dedication was requested to satisfy the
requirement.
There is no City cost now or in the future for these items.
Item A3
Consider acceptance of a Right-of-Way Dedication located at 200 NE 7th
Ave.
The owner(s), JD Realty Holdings, LLC, submitted building permits
#18-179506, 18-179508 and 18-179510 for the subject property. The
adjacent alleyway has an ultimate right-of-way width of 20 feet. In
accordance with LDR 5.3.1 (D), 2’ would be required from this property. As
a result, a 2’ Right-of-Way dedication was requested to satisfy the
requirement.
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February 2, 2021City Commission Minutes - Final
City Attorney Review:
Approved as to form and legal sufficiency.
Funding Source/Financial Impact:
NA
Timing of Request:
The timing of these requests is of high importance in order to process the
project Certificates of Occupancy when completed.
Sponsors:Public Works Department
Attachments:
6.D.
Agenda Cover Report
Item (1) Legal Review ROW Deed for 218 NW 9th St
Item (1a) ROW - 218 NW 9th St
Item (1b) Exhibit A -Sketch - 218 NW 9th St.
Item (A2) ROW - 200 NE 7th Ave.
Item (A3) ROW - 200 NE 7th Ave.
APPROVE AMENDMENT 1 TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH
COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING
CONSTRUCTION/PROFESSIONAL SERVICES FOR FISCAL YEAR
2019/20
Body:Recommended Action:
Recommendation:Approve Amendment 1 to the Interlocal Agreement (ILA) between the City
of Delray Beach (City) and the Delray Beach Community Redevelopment
Agency (CRA) to fund Fiscal Year 2019/20 Capital Projects as described
in Exhibit A of the attached agreement for Fiscal Year 2019/20. This
amendment adjusts the ILA to reflect actual funding requirements for
projects that were initiated or completed during FY19/20.
Sponsors:Public Works Department - Programs & Project Management
Agenda Cover Report
CRA ILA year end 2020
Attachments:
Legal Review Checklist Amd #1 to ILA with CRA for Contruction
Professional Services Funding
6.E. PROCLAMATIONS:
6.E.1.OBSERVANCE OF PRESIDENTS' DAY - FEBRUARY 15, 2021
Body:Recommended Action:
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February 2, 2021City Commission Minutes - Final
Recommendation:Motion to proclaim February 15, 2021 as President's Day in the City of
Delray Beach.
Sponsors:City Clerk Department
Agenda Cover Report
President's Day Proclamation - 2021
Attachments:
6.E.2.211 AWARENESS WEEK - FEBRUARY 17 - 21, 2021
Body:Background:
211 Palm Beach/Treasure Coast is a multi-program agency serving
residents of Palm Beach County and the Treasure Coast. Throughout its
history, it has been the agency’s philosophy to seek a broad base of
funding and to expand only into areas that are viewed as compatible with
the overall mission of the organization.
Formerly known as Crisis Line Information & Referral Services and then as
The Center for Information & Crisis Services, the agency was started in
Palm Beach County by a noted area psychologist in 1971. Originally a drug
hotline, the agency quickly expanded into crisis counseling and suicide
prevention. In 1981, the agency was funded by the United Way to provide
information and referral services to the residents of Palm Beach County. In
1988, the agency added its Elder Crisis Outreach and Teen Hotline
components. In 1989, the agency was designated in the Palm Beach
County Comprehensive Plan as the central access point into the county’s
human service system. In 1994, the agency also became the county’s Elder
Helpline, a contract which was extended until 2009.
In July 2000, the Federal Communications Commission designated the
three digit number, 2-1-1, nationally to serve as the abbreviated dialing
code for access to community information and referral services. Effective
February 11, 2002, the Center for Information & Crisis Services
implemented 2-1-1 service for Palm Beach County and by January 1, 2003
the residents of Indian River, Martin, Okeechobee and St. Lucie counties
could also dial 2-1-1 and receive information, referral, telephone
counseling and crisis intervention services.
City Attorney Review:
N/A
Funding Source/Financial Impact:
N/A
Timing of Request:
N/A
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February 2, 2021City Commission Minutes - Final
Sponsors:City Clerk Department
Agenda Cover Report
2-1-1AwarenessWeek 2021-DelrayBeach
Attachments:
6.E.3.BLACK HISTORY MONTH PROCLAMATION
Body:Recommended Action:
Recommendation:Motion to approve the proclamation declaring February as Black History
Month.
Sponsors:City Clerk Department
Agenda Cover Report
Black History Month Proclamation 2019
Attachments:
6.F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
6.F.1. None
6.G. AWARD OF BIDS AND CONTRACTS:
6.G.1.APPROVAL OF RESOLUTION NO. 23-21 TO AWARD AGREEMENTS
WITH ABSOLUTE CIVIL ENGINEERING SOLUTIONS, LLC, C.A.P.
GOVERNMENT, INC., GFA INTERNATIONAL, M.T. CAUSLEY, LLC FOR
INSPECTION PLAN REVIEW AND DEVELOPMENT REVIEW
SERVICES FOR THE DEVELOPMENT SERVICES DEPARTMENT (ITB
2020-029) - $250,000
Body:Recommended Action:
Recommendation:Motion to approve Resolution No. 23-21 to award Agreements with
Absolute Civil Engineering Solutions, LLC., C.A.P. Government, Inc., GFA
International and M.T. Causley LLC for Inspection Plan Review and
Development Services for the Development Services Department (ITB
2020-029) - $250,000 for the Agreement term and authorize the City
Manager to exercise any and all renewal options in the amounts below,
contingent upon appropriation of funds.
Sponsors:Development Services Department and Purchasing Department
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February 2, 2021City Commission Minutes - Final
Agenda Cover Report
Legal Review Checklist Absolute Civil Engineering
Legal Review Checklist CAP Government Inc.
Legal Review Checklist GFA International
Legal Review Checklist M.T. Causley
Resolution No. 23-21 Inspection Plan Review and Development Review
Services - Final
ITB 2020-029 Inspection Plan Review and Development Review
Services - Absolute Civil Engineering Solutions LLC vendor execute
ITB 2020-029 Inspection Plan Review and Development Review
Services - C.A.P. Government Inc_(Rev. KWB 1.12) vendor executed
ITB 2020-029 Inspection Plan Review and Development Review
Services - GFA International Inc_(rev. KWB 1.12) vendor executed
ITB 2020-029 Inspection Plan Review and Development Review
Services - M.T. Causley LLC (rev. KWB 1.12) vendor executed
Attachments:
6.G.2.APPROVAL OF RESOLUTION NO. 27-21 TO APPROVE AN
AGREEMENT WITH THE TRANSIT GROUP, INC. D/B/A ECOLOGICAL
ASSOCIATES, INC. FOR MARINE TURTLE CONSERVATION
PROGRAM SERVICES PURSUANT TO RFP NO. 2021-003 IN THE
TOTAL ESTIMATED FIVE-YEAR AMOUNT OF $479,635
Body:Recommended Action:
Recommendation:Motion to Approve Resolution No. 27-21 to award an Agreement with The
Transit Group, Inc. d/b/a Ecological Associates, Inc. (ECI) for Marine Turtle
Conservation Program Services pursuant to RFP No. 2021-003, in the
initial one-year amount of $95,927 budgeted in Fiscal Year 2021, and the
total estimated five-year amount of $479,635.
Sponsors:Public Works Department and Purchasing Department
Agenda Cover Report
Agreement RFP 2021-003_EAI Signed
Exhibit A - 2021 Delray Beach Sea Turtle Monitoring Cost
Proposal_EAI
Exhibit B - EAI Fee Schedule 2020
Resolution No. 27-21 Marine Turtle - EAI
Legal Review Checklist Marine Turtle (1)
2021-003_Sea_Turtle_Services_EAI_Response_11.20.2020
Attachments:
6.G.3.APPROVAL OF RESOLUTION NO. 31-21 TO APPROVE AN
AGREEMENT WITH CONSTRUCT CO, INC. FOR ATLANTIC DUNES
PARK SEAWALL REPLACEMENT PURSUANT TO ITBC NO. 2021-004
(PROJECT NO. 17-096) - $747,843
Body:Recommended Action:
Recommendation:Motion to Approve Resolution No. 31-21 to award an Agreement with
Construct Co, Inc. for Atlantic Dunes Park Seawall Replacement pursuant
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February 2, 2021City Commission Minutes - Final
to ITBC No. 2021-004 (Project No. 17-096) - $747,843
Sponsors:Public Works Department and Purchasing Department
Agenda Cover Report
Resolution 31-21
Legal Review Checklist Atlantic Dunes Seawall Construction Co
RFA - ITBC 2021-004 Atlantic Dunes Park Seawall Replacement
Atlantic Dunes Seawall Agreement SIGNED
Construct Co Submittal
bid_ITBC_NO._2021-004_-_ATLANTIC_DUNES_PARK_SEAWALL_R
EPLACEMENT_Line_Item_Tab_Report
Attachments:
7. REGULAR AGENDA:
7.A.RESOLUTION NO. 37-21: A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER
REQUEST TO SECTION 4.3.4(H)(4)(f) OF THE LAND DEVELOPMENT
REGULATIONS; APPROVING A PLANTER WALL FIVE-FEET
SIX-INCHES IN HEIGHT TO BE ERECTED IN REQUIRED SETBACKS
FOR THE PROPERTY LOCATED AT 1114 VISTA DEL MAR DRIVE
NORTH, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING
FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
(QUASI-JUDICIAL HEARING)
RESOLUTION NO. 38-21: A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER
REQUEST TO SECTION 4.3.4(H)(4)(l) OF THE LAND DEVELOPMENT
REGULATIONS; APPROVING STEPS AND A PLATFORM FOR THE
PRINCIPAL BUILDING FIVE-FEET SIX-INCHES IN HEIGHT TO BE
ERECTED IN REQUIRED SETBACKS FOR THE EXISTING BUILDING
LOCATED AT 1114 VISTA DEL MAR DRIVE NORTH, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL
HEARING)
Body:Recommended Action:
Recommendation:Review and consider Resolution No. 37-21 for a waiver to the Land
Development Regulations (LDR) Section 4.3.4(H)(4)(f) to allow for the
construction of a planter wall five-feet six-inches in height to be erected in
the required setbacks for the property located at 1114 North Vista Del Mar
Drive.
Review and consider Resolution No. 38-21 for a waiver to the Land
Development Regulations (LDR) Section 4.3.4(H)(4)(l) to allow for the
construction of steps and a platform for the principal building five-feet
six-inches in height to be erected in the required setbacks for the property
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February 2, 2021City Commission Minutes - Final
located at 1114 North Vista Del Mar Drive.
Sponsors:Development Services Department
Agenda Cover Report
Resolution 37-21 - Planter Wall
Resolution 38-21 - Steps and Platform
Applicant Justification - Planter Wall
Applicant Justification - Steps and Platform
1114 Vista Del Mar Dr Waiver Plan
Legal Review Reso 37-21 Waiver for Planter Wall for 1114 Vista Del
Mar North
Legal Review Reso 38-21 Waiver for Steps and Platform for 1114 Vista
Del Mar North
Attachments:
Mayor Petrolia read the Quasi-Judicial rules into the record and asked her
colleagues if they had any ex-parte communications. The following was
disclosed:
Vice Mayor Boylston: Reported that a resident who is not involved with the
project reached out to him.
Deputy Vice Mayor Johnson: None
Commissioner Casale: Spoke with Anthea Gianniotes, Development
Services Director, and a resident who is not involved with the proposal
about the project.
Commissioner Frankel: None
Mayor Petrolia: None
Katerri Johnson, City Clerk, swore in Gary Eliopoulos and Aleksandra
Hayes who provided testimony on this item.
Anthea Gianniotes, Development Services Director, read File No.
2021-041 into the record.
Gary Eliopoulos of GE Architecture, 1045 E. Atlantic Avenue, gave a
presentation on behalf of the homeowners Mr. and Mrs. Hutchinson. The
proposed project would elevate the historic home, repair its foundation,
and protect it from sea level rise.
Ms. Gianniotes presented a staff report to the Commission.
There was a five-minute recess from 5:08 p.m. - 5:13 p.m. to allow public
comments. When the Commission reconvened, Katerri Johnson, City
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February 2, 2021City Commission Minutes - Final
7.B.
Clerk, reported there were no public comments submitted.
There was no cross-examination or rebuttal pertaining to the presentations.
Commissioner Casale made a motion to approve Resolution No. 37-21. It
was seconded by Commissioner Frankel. The motion carried 5-0.
Commissioner Frankel made a motion to approve Resolution No. 38-21. It
was seconded by Commissioner Casale. The motion carried 5-0.
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 44th and 45th Extensions of the State of Emergency for
COVID -19 and Resolution No. 41-21.
Sponsors:City Attorney Department
Attachments:Agenda Cover Report
44th extension of State of Emergency - COVID -19
45th Extension State of Emergency - COVID
Res. 41-21 - COVID Adopting PBC 2021-001 - Extending Facial
Coverings Directives thru Feb 19 2021
Vice Mayor Boylston made a motion to approve the ratification of the 44th
and 45th State of Emergency Ratification for Covid-19. 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.PUBLIC HEARINGS:
8.A. None
9. FIRST READINGS:
9.A.ORDINANCE NO. 02-21: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH
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February 2, 2021City Commission Minutes - Final
CODE OF ORDINANCES, BY AMENDING CHAPTER 4, “ZONING
REGULATIONS,” ARTICLE 4.3, “DISTRICT REGULATIONS, GENERAL
PROVISIONS,” SECTION 4.3.3, “SPECIAL REQUIREMENTS FOR
SPECIFIC USES,” TO ADD SUBSECTION 4.3.3(RR), “ROOFTOP USE,”
TO PROVIDE REGULATIONS FOR ROOFTOP USES; AMENDING
SECTION 4.3.4, “BASE DISTRICT DEVELOPMENT STANDARDS,”
SUBSECTION 4.3.4(J), “HEIGHT,” TO UPDATE HEIGHT EXCEPTIONS;
AMENDING ARTICLE 4.6, “SUPPLEMENTAL DISTRICT
REGULATIONS,” SECTION 4.6.18, “ARCHITECTURAL ELEVATIONS
AND AESTHETICS,” SUBSECTION 4.6.18(B), “BUILDING AND
STRUCTURE REQUIREMENTS,” TO PROVIDE REGULATIONS FOR
THE SCREENING OF FLAT ROOFS AND APPURTENANCES;
AMENDING APPENDIX A, “DEFINITIONS,” TO AMEND THE DEFINITION
OF ARCHITECTURAL FEATURES AND PARAPET AND TO ADD A
DEFINITION FOR FREE-STANDING FEATURES, HABITABLE
STRUCTURE, ROOFTOP APPURTENANCES AND ROOFTOP
TERRACE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY
CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE
DATE. (FIRST READING)
Body:Recommended Action:
Recommendation:Review and consider Ordinance No. 02-21 (formerly Ordinance No. 54-20)
on First Reading, a City-initiated Land Development Regulations (LDR)
amendment to update Section 4.3.3 “Special Requirements for
Specific Uses” by establishing Subsection (RR) “Rooftop Use”, to
amend Section 4.3.4(J)(3) “Exceptions to district height limitations”, to
amend Section 4.6.18(B) “Building and Structure Requirements”, and
to amend to Appendix A “Definitions” to update the standards
associated with appurtenances, establish new requirements for
Rooftop uses, and to update and add definitions related to
appurtenances and rooftop uses.
Sponsors:Development Services Department
Agenda Cover Report
Ordinance No. 02-21
Ordinance No. 02-21 - Planning and Zoning Report
Ordinance No. 02-21 - Historic Preservation Report
Ordinance No. 02-21 - SPRAB Report
Legal Review Ord 02-21 Roof Top Uses and Roof Top Appurtenances
Attachments:
Lynn Gelin, City Attorney, read Ordinance No. 02-21 into the record.
Anthea Gianniotes, Development Services Director, gave a presentation
about the rooftop uses proposal and reviewed the proposed adjustments to
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February 2, 2021City Commission Minutes - Final
the land development regulations. Ms. Gianniotes informed the
Commission that the Historic Preservation Board and Planning and Zoning
Boards voted unanimously in support of the project in November 2020.
Vice Mayor Boylston made a motion to approve Ordinance No. 02-21 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 Jennifer Alvarez, Interim City Manager, reported that she sent the
Commission a brief update memorandum and suggestions for updating
Commission meeting procedures.
B.City Attorney Lynn Gelin, City Attorney, explained the procedures for the second
panhandling meeting. She provided an update on Board Member
training sessions. Ms. Gelin reported that she would send the
Commission the proposed local rules next week.
C.City Commission Commissioner Frankel commended Lynn Gelin, City Attorney, staff, and
outside counsel for their execution of the panhandling meetings.
Deputy Vice Mayor Johnson complimented the Fire Department and
Jennifer Alvarez, Interim City Manager, for getting the vaccine out to
residents. She also provided a report on the Community
Redevelopment Authority’s services, efforts, and events. Deputy Vice
Mayor Johnson announced a youth book reading on Racial Equity and
Racial Discrimination on February 20, from 3:30 - 5:30 p.m.
Additionally, she reported on her meeting with the South Central
Regional Wastewater Treatment Plant informed the Commissioners of
issues.
Vice Mayor Boylston requested a conversation about standalone bars
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February 2, 2021City Commission Minutes - Final
and providing food vendors’ temporary outdoor space.
Commissioner Frankel and Deputy Vice Mayor Johnson were open to
discussing the matter and recommended evaluating considerations for
standalone bars on a case-by-case basis.
Interim City Manager Alvarez asked if the Commissioners would be
willing to change the time of the affordable housing workshop. There
was consensus to start the workshop at 2:30 p.m. She also informed
the Commission that tent signage would also be discussed next week.
Mayor Petrolia received inquiries about the sidewalks along A1A not
being connected and asked staff to investigate the issue. She informed
her colleagues about the passing of Mr. Machek and requested a
proclamation in his honor. Mayor Petrolia reported that Delores
Rangel’s item was taken from her office. Additionally, she asked about
the status of Doc’s All American Restaurant.
Vice Mayor Boylston and Mayor Petrolia engaged in a conversation
about the status of Doc’s All American Restaurant.
With no further business to discuss, the meeting was adjourned at 6:03
p.m.
Page 15City of Delray Beach Printed on 3/2/2021
ATTEST:
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
herein theinformation provided is of the February 2, 2021
held on
Minutes
February 2, 2021 which minutesCity Commission Meeting
were formally approved and adopted by the City Commission on March 2, 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.