February 9, 2021 Regular Meeting Minutes - FINAL with signature pageTuesday, February 9, 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://www.youtube.com/channel/UCc2j0JhnR8Hx0Hj13RhCJag/v
ideos?view=2&live_view=501
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 9, 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 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 -
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
Dorcus Luciene, residing at 229 SE 2nd Avenue, Delray Beach,
commented in support of item 9.A.
James Quinlin residing at 925 SE 2nd Avenue, Delray Beach, represented
his homeowner’s association and expressed his support for item 9.A. He
Page 1City of Delray Beach Printed on 3/3/2021
February 9, 2021City Commission Minutes - Final
believed this project has been needed for years and would be great for the
neighborhood.
Ken Rock, residing at 217 SE 3rd Avenue, Delray Beach, voiced his
support for item 9.A.
Gayle Lee McDermitt, residing 721 SE 3rd Avenue, Delray Beach,
recommended the Commissioners vote in support of item 9.A. due to the
project being the right development and location.
Albert D. Thorp Jr., residing at 901 SE 4th Avenue, Delray Beach,
commented that item 9.A. is the perfect project to revitalize the area near
the train tracks and requested the Commissioners to approve the item.
Thomas Johnson, residing 148 SE 1st Avenue, Delray Beach, called to
express his support for item 9.A.
Maureen Xavier, Employee of Paradise Services, located at 201 SE 2nd
Avenue, Delray Beach, requested the Commissioners to vote in favor of
item 9.A.
Margaret Keller, residing at 729 SE 3rd Avenue, Delray Beach, was in
favor of item 9.A.
Kurt Lehmann, residing at 111 SE 2nd Avenue, Suite 102, Delray Beach,
called in support of item 9.A.
Andrew Haywood, residing at 314 SE 1st Avenue, Delray Beach,
expressed his concerns about traffic measures, litter, and overdevelopment
in the Osceola Park area. Should item 9.A. be approved he hopes the
developer would work with the community to make the project part of the
neighborhood.
6. CONSENT AGENDA: City Manager Recommends Approval
Commissioner Frankel made a motion to approve the consent agenda. It
was seconded by Vice Mayor Boylston. The motion carried by the following
vote:
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February 9, 2021City Commission Minutes - Final
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:
January 19, 2021 Regular City Commission Meeting
January 19, 2021 Special City Commission Meeting
Sponsors:City Clerk Department
Agenda Cover Report
January 19, 2021 Regular Commission Meeting Minutes - DRAFT
January 19, 2021 Special Meeting Minutes - DRAFT
Attachments:
6.B.APPROVAL TO ALLOW THE FIRE RESCUE DEPARTMENT TO APPLY
FOR THE FY 2020 ASSISTANCE TO FIREFIGHTERS GRANT (AFG)
FOR THE PURCHASE OF A LIGHT & AIR TRUCK IN THE AMOUNT OF
$431,964.00.
Body:Recommended Action:
Recommendation:Staff recommends approval to apply for AFG funding opportunity number
DHS-20-GPD-044-00-98 for the purchase of a light and air truck.
Sponsors:Fire Rescue Department
Agenda Cover Report
fema_fy-2020_afg_notice-of-funding-opportunity
Agenda Item 21-162 Simple Legal Review Approval
Attachments:
6.C.RETROACTIVE APPROVAL OF RESOLUTION NO. 39-21 APPROVING
AN AGREEMENT WITH PALM BEACH COUNTY, A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA, FOR PUBLIC SAFETY
RADIO SYSTEM SERVICES - $135,000
Body:Recommended Action:
Recommendation:Motion to retroactively approve Resolution No. 39-21 approving an
agreement with Palm Beach County, a political subdivision of the State of
Florida, for public safety radio system services, and authorize the City
Manager to approve renewal options, in the amounts below, contingent
upon appropriation of funds.
Sponsors:Police Department
Page 3City of Delray Beach Printed on 3/3/2021
February 9, 2021City Commission Minutes - Final
Agenda Cover Report
Resolution No. 39-21_lw
Legal Review Checklist_Interlocal
Delray Beach HUB Agmt 2
Attachments:
6.D.APPROVAL OF EXPENDITURES IN THE AMOUNT OF $36,000 WITH
AIRGAS USA, LLC FOR LIQUID CARBON DIOXIDE FOR THE UTILITIES
DEPARTMENT
Body:Recommended Action:
Recommendation:Motion to approve expenditures in the amount of $36,000 with Airgas
USA, LLC for liquid carbon dioxide for the Utilities Department.
Sponsors:Utilities Department and Purchasing Department
Agenda Cover Report
Airgas_BidWaiverMemo_Revised additional spend.pdf
Attachments:
6.E.INTERLOCAL AGREEMENT FOR THE DELIVERY OF MUNICIPAL
SOLID WASTE TO DESIGNATED FACILITIES AND FOR A
MUNICIPAL REVENUE SHARING
RECYCLING PROGRAM
Body:Recommended Action:
Recommendation:Motion to Approve acceptance of an Interlocal Agreement between the
Solid Waste Authority of Palm Beach County (SWA) and the City of Delray
Beach (City) for the delivery for Municipal Solid Waste to
Designated Facilities and for the operation of a recycling program between
SWA and the City.
Sponsors:Neighborhood & Community Services
Agenda Cover Report
Legal Review ILA with Solid Waste Authority of Palm Beach re
Recyclable Program
ILA with Solid Waste Authority of Palm Beach County re Recyclable
Program
Attachments:
6.F.AMENDMENT TO THE GENERAL CONSTRUCTION FUND BUDGET IN
THE CAPITAL IMPROVEMENT PROGRAM FOR LEASE PAYMENT IN
THE AMOUNT OF $644,000 TO COMMUNITY LEASING PARTNERS,
INC. FOR SELF-CONTAINED BREATHING APPARATUS (SCBA) AND
CYLINDER EQUIPMENT TO BE USED BY THE FIRE DEPARTMENT
Body:Recommended Action:
Recommendation:Motion to Approve Amendment to the General Construction Fund in the
amount of $585,455 Federal Grants FEMA/SCBA and $58,545 in Prior
Year Surplus to make the initial lease payment of $644,000.
Page 4City of Delray Beach Printed on 3/3/2021
February 9, 2021City Commission Minutes - Final
Sponsors:Finance Department
Agenda Cover Report
Amendment No. 1 - Financing for 116 Scott_Community Leasing
Partners, Inc. Div. of Community First National Bank
January 16 2020 Agenda Cover Memo
Budget Amendment Support - Narrative Fund 334
Attachments:
6.G. PROCLAMATIONS:
6.G.1.PROCLAMATION TO DECLARE THE DESIGNATION OF PRECINCTS
AND POLLING LOCATIONS FOR THE MARCH 09, 2021 FIRST
NON-PARTISAN MUNICIPAL ELECTION IN THE CITY OF DELRAY
BEACH.
Body:Background:
The Charter and the Code of Ordinances of the City of Delray Beach,
Florida, provides for the calling of a First Nonpartisan Municipal Election
for the purpose of electing a Mayor and two (2) City Commissioners. Said
Charter and Code of Ordinances also provides that the City Commission
deems it necessary to call for the First Nonpartisan Municipal Election on
the second Tuesday of March each year in which a term of the Mayor or
Commissioner expires.
The Mayor of the City of Delray Beach, Florida, on behalf of the City
Commission, do hereby call for the First Nonpartisan Municipal
Election to be held on Tuesday, March 09, 2021 between the hours
of 7:00 a.m. and 7:00 p.m., at all the precincts and polling places in
the City of Delray Beach as designated by the Supervisor of
Elections.
All qualified electors of the City of Delray Beach, Florida, shall be
qualified to vote in such election.
City Attorney Review:
N/A
Funding Source/Financial Impact:
N/A
Timing of Request:
N/A
Sponsors:City Clerk Department
Page 5City of Delray Beach Printed on 3/3/2021
February 9, 2021City Commission Minutes - Final
Agenda Cover Report
PRECINCT PROCLAMATION 2021
Attachments:
6.G.2.EATING DISORDERS AWARENESS WEEK - FEBRUARY 22, 2021 -
FEBRUARY 28, 2021
Body:Recommended Action:
Recommendation:Motion to Proclaim February 22, 2021 - February 28, 2021 as Eating
Disorders Awareness Week.
Sponsors:City Clerk Department
Agenda Cover Report
Eating Disorder Awareness Week
Attachments:
6.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
6.H.1.REPORT OF APPEALABLE LAND USE ITEMS FROM JANUARY 4,
THROUGH JANUARY 22, 2021.
Body:Recommended Action:
Recommendation:By motion, receive and file this report.
Sponsors:Development Services Department
Agenda Cover Report
Appealable Items Map
A - 290 SE 2nd Avenue
B - 3640 Village Dr
C - 110 E Atlantic Avenue
D - Delray Beach Market
E - Spanish Trail Condominium
F - Banyan Court
G - The George
H - 201 NE 5th Court
I - 120 NW 4th Ave
Attachments:
6.I. AWARD OF BIDS AND CONTRACTS:
6.I.1.APPROVAL OF RESOLUTION NO. 02-21 TO AWARD AN AGREEMENT
WITH UNIFIRST CORPORATION; TO PROVIDE UNIFORMS WITH
RELATED PRODUCTS AND SERVICES, UTILIZING SOURCEWELL, A
STATE OF MINNESOTA LOCAL GOVERNMENT AGREEMENT NO.
040920 - $461,480
Body:Recommended Action:
Page 6City of Delray Beach Printed on 3/3/2021
February 9, 2021City Commission Minutes - Final
Recommendation:
Motion to approve Resolution No. 02-21 to award an Agreement with
UniFirst Corporation for the purchase of uniforms with related products and
services in the estimated amount of $461,480 through May 24, 2024, of
which $115,370 is budgeted for FY2021, utilizing Sourcewell Solicitation
No. 040920, a State of Minnesota local government agency and service
cooperative, and authorize the City Manager to approve renewal options, in
the amounts below, contingent on appropriations of funds.
Sponsors:Purchasing Department
Agenda Cover Report
Master Contractor Services Agreement with UniFirst Corporation
Legal Review Checklist Unifirst Sourcewell Piggyback
UniFirst Contract 040920
Expiring Contract Extension Letter (2016-025)
Resolution 02-21 UniFirst Corp_
Attachments:
6.I.2.APPROVAL OF RESOLUTION NO. 21-21 TO APPROVE AN
AGREEMENT WITH WGI, INC. FOR DESIGN SERVICES FOR NORTH
SWINTON AVENUE ROADWAY UNDERGROUND UTILITY
IMPROVEMENTS PURSUANT TO RFQ NO. 2020-007 (PROJECT NO.
19-012) - $914,004
Body:Recommended Action:
Recommendation:Motion to Approve Resolution No. 21-21 to award an Agreement with WGI,
Inc. for Design Services for North Swinton Avenue Roadway Underground
Utility Improvements pursuant to RFQ No. 2020-007 (Project No. 19-012),
in an amount not to exceed $914,004.
Sponsors:Public Works Department and Purchasing Department
Agenda Cover Report
Agreement - RFQ 2020-007 North Swinton SIGNED
Exhibit A - RFQ 2020-007 North Swinton Scope and Fee Proposal
12-9-20
Exhibit B - Swinton Ave Fee Schedule 12-09-20
Resolution No. 21-21 North Swinton WGI
Legal Review Checklist WGI Agreement Roadway Underground Utility
Improvements
WGI_City_of_Delray_Beach_North_Swinton_Ave_Roadway_Undergro
und_Utility_Improvements_RFQ_2020-007
2020-007 Scoring Summary after Technical Eval North Swinton Ave.
Design_final 5.14.20
Attachments:
6.I.3.APPROVAL OF RESOLUTION NO. 32-21 TO AWARD AN AGREEMENT
WITH REP SERVICES, INC., FOR EQUIPMENT FOR PARKS AND
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February 9, 2021City Commission Minutes - Final
PLAYGROUNDS, UTILIZING CLAY COUNTY, FLORIDA AGREEMENT
NO. RFP 18/19-2 - $179,000
Body:Recommended Action:
Recommendation:Motion to approve Resolution No. 32-21 to award an Agreement with REP
Services, Inc. for the purchase of playground equipment, surfacing, shade
structures and installation, in the estimated amount of $179,000, utilizing
Clay County, Florida Agreement No. RFP 18/19-2.
Sponsors:Parks & Recreation Department and Purchasing Department
Agenda Cover Report
Scan_Harris, Destinie_08_36_07-01-2021
Legal Review Checklist Clay County Pigggyback with REP Services
Inc.
RFP No. 18 19-2
Reso 32-21 Clay County RFP No. 1819-2 Piggyback
Attachments:
7. REGULAR AGENDA:
7.A.RESOLUTION NO. 04-21: A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING
A WAIVER REQUEST TO SECTIONS 4.1.4(B) AND SECTION 4.1.4(D)
OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW FOR THE
CONSTRUCTION OF A SINGLE-FAMILY NON-WORKFORCE HOUSING
STRUCTURE FOR THE PROPERTY LOCATED AT 816 PALM TRAIL
(LOT 9 BLOCK 5), AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES. (QUASI-JUDICIAL HEARING)
RESOLUTION NO. 10-21: A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING
WAIVER REQUESTS TO SECTIONS 4.1.4(B) AND SECTION 4.1.4(D)
OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW FOR THE
CONSTRUCTION OF A SINGLE-FAMILY NON-WORKFORCE HOUSING
STRUCTURE FOR THE PROPERTY LOCATED AT 816 PALM TRAIL
(LOT 4 BLOCK 5), AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES. (QUASI-JUDICIAL HEARING)
RESOLUTION NO. 11-21: A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING WAIVER
REQUESTS TO SECTIONS 4.1.4(B) AND SECTION 4.1.4(D) OF THE
LAND DEVELOPMENT REGULATIONS TO ALLOW FOR THE
CONSTRUCTION OF A SINGLE-FAMILY NON-WORKFORCE HOUSING
STRUCTURE FOR THE PROPERTY LOCATED AT 816 PALM TRAIL
Page 8City of Delray Beach Printed on 3/3/2021
February 9, 2021City Commission Minutes - Final
(LOT 5 BLOCK 5), AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES. (QUASI-JUDICIAL HEARING)
RESOLUTION NO. 12-21: A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING
WAIVER REQUESTS TO SECTIONS 4.1.4(B) AND SECTION 4.1.4(D)
OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW FOR THE
CONSTRUCTION OF A SINGLE-FAMILY NON-WORKFORCE HOUSING
STRUCTURE FOR THE PROPERTY LOCATED AT 816 PALM TRAIL
(LOT 6 BLOCK 5), AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES. (QUASI-JUDICIAL HEARING)
RESOLUTION NO. 13-21: A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING
WAIVER REQUESTS TO SECTIONS 4.1.4(B) AND SECTION 4.1.4(D)
OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW FOR THE
CONSTRUCTION OF A SINGLE-FAMILY NON-WORKFORCE HOUSING
STRUCTURE FOR THE PROPERTY LOCATED AT 816 PALM TRAIL
(LOT 7 BLOCK 5), AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES. (QUASI-JUDICIAL HEARING)
RESOLUTION NO. 14-21: A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING WAIVER
REQUESTS TO SECTIONS 4.1.4(B) AND SECTION 4.1.4(D) OF THE
LAND DEVELOPMENT REGULATIONS TO ALLOW FOR THE
CONSTRUCTION OF A SINGLE-FAMILY NON-WORKFORCE HOUSING
STRUCTURE FOR THE PROPERTY LOCATED AT 816 PALM TRAIL
(LOT 8 BLOCK 5), AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES. (QUASI-JUDICIAL HEARING)
RESOLUTION NO. 15-21: A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING
WAIVER REQUESTS TO SECTIONS 4.1.4(B) AND SECTION 4.1.4(D)
OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW FOR THE
CONSTRUCTION OF A SINGLE-FAMILY NON-WORKFORCE HOUSING
STRUCTURE FOR THE PROPERTY LOCATED AT 816 PALM TRAIL
(LOT 13 BLOCK 5), AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES. (QUASI-JUDICIAL HEARING)
RESOLUTION NO. 16-21: A RESOLUTION OF THE CITY
Page 9City of Delray Beach Printed on 3/3/2021
February 9, 2021City Commission Minutes - Final
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING
WAIVER REQUESTS TO SECTIONS 4.1.4(B) AND SECTION 4.1.4(D)
OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW FOR THE
CONSTRUCTION OF A SINGLE-FAMILY NON-WORKFORCE HOUSING
STRUCTURE FOR THE PROPERTY LOCATED AT 816 PALM TRAIL
(LOT 14 BLOCK 5), AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES. (QUASI-JUDICIAL HEARING)
RESOLUTION NO. 17-21: A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING
WAIVER REQUESTS TO SECTIONS 4.1.4(B) AND SECTION 4.1.4(D)
OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW FOR THE
CONSTRUCTION OF A SINGLE-FAMILY NON-WORKFORCE HOUSING
STRUCTURE FOR THE PROPERTY LOCATED AT 816 PALM TRAIL
(LOT 15 BLOCK 5), AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES. (QUASI-JUDICIAL HEARING)
RESOLUTION NO. 18-21: A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING
WAIVER REQUESTS TO SECTIONS 4.1.4(B) AND SECTION 4.1.4(D)
OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW FOR THE
CONSTRUCTION OF A SINGLE-FAMILY NON-WORKFORCE HOUSING
STRUCTURE FOR THE PROPERTY LOCATED AT 816 PALM TRAIL
(LOT 16 BLOCK 5), AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES. (QUASI-JUDICIAL HEARING)
RESOLUTION NO. 19-21: A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING
WAIVER REQUESTS TO SECTIONS 4.1.4(B) AND SECTION 4.1.4(D)
OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW FOR THE
CONSTRUCTION OF A SINGLE-FAMILY NON-WORKFORCE HOUSING
STRUCTURE FOR THE PROPERTY LOCATED AT 816 PALM TRAIL
(LOT 17 BLOCK 5), 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. 04-21 (Lot 9 Block 5) for a waiver to
Land Development Regulations Section 4.1.4(B) and 4.1.4(D) to allow for
the construction of a non-workforce housing residential structure on a lot
with a frontage of less than 50 feet.
Review and consider Resolution No.10-21 (Lot 4 Block 5) for a waiver to
Page 10City of Delray Beach Printed on 3/3/2021
February 9, 2021City Commission Minutes - Final
Land Development Regulations Section 4.1.4(B) and 4.1.4(D) to allow for
the construction of a non-workforce housing residential structure on a lot
with a frontage of less than 50 feet.
Review and consider Resolution No.11-21 (Lot 5 Block 5) for a waiver to
Land Development Regulations Section 4.1.4(B) and 4.1.4(D) to allow for
the construction of a non-workforce housing residential structure on a lot
with a frontage of less than 50 feet.
Review and consider Resolution No.12-21 (Lot 6 Block 5) for a waiver to
Land Development Regulations Section 4.1.4(B) and 4.1.4(D) to allow for
the construction of a non-workforce housing residential structure on a lot
with a frontage of less than 50 feet.
Review and consider Resolution No.13-21 (Lot 7 Block 5) for a waiver to
Land Development Regulations Section 4.1.4(B) and 4.1.4(D) to allow for
the construction of a non-workforce housing residential structure on a lot
with a frontage of less than 50 feet.
Review and consider Resolution No.14-21 (Lot 8 Block 5) for a waiver to
Land Development Regulations Section 4.1.4(B) and 4.1.4(D) to allow for
the construction of a non-workforce housing residential structure on a lot
with a frontage of less than 50 feet.
Review and consider Resolution No.15-21 (Lot 13 Block 5) for a waiver to
Land Development Regulations Section 4.1.4(B) and 4.1.4(D) to allow for
the construction of a non-workforce housing residential structure on a lot
with a frontage of less than 50 feet.
Review and consider Resolution No.16-21 (Lot 14 Block 5) for a waiver to
Land Development Regulations Section 4.1.4(B) and 4.1.4(D) to allow for
the construction of a non-workforce housing residential structure on a lot
with a frontage of less than 50 feet.
Review and consider Resolution No. 17-21 (Lot 15 Block 5) for a waiver to
Land Development Regulations Section 4.1.4(B) and 4.1.4(D) to allow for
the construction of a non-workforce housing residential structure on a lot
with a frontage of less than 50 feet.
Review and consider Resolution No. 18-21 (Lot 16 Block 5) for a waiver to
Land Development Regulations Section 4.1.4(B) and 4.1.4(D) to allow for
the construction of a non-workforce housing residential structure on a lot
with a frontage of less than 50 feet.
Review and consider Resolution No. 19-21 (Lot 17 Block 5) for a waiver to
Land Development Regulations Section 4.1.4(B) and 4.1.4(D) to allow for
Page 11City of Delray Beach Printed on 3/3/2021
February 9, 2021City Commission Minutes - Final
the construction of a non-workforce housing residential structure on a lot
with a frontage of less than 50 feet.
Sponsors:Development Services Department
Agenda Cover Report
Plat
Unity of Title
Res No. 04-21 (Lot 9 Block 5)
Exhibit A- Res. No. 04-21
Res No. 10-21 (Lot 4 Block 5)
Exhibit A -Res. No 10-21
Res No. 11-21 (Lot 5 Block 5)
Exhibit A - Res.No. 11-21
Res No. 12-21 (Lot 6 Block 5)
Exhibit A - Res. No 12-21
Res No. 13-21 (Lot 7 Block 5)
Exhibit A -Res.No 13-21
Res No. 14-21 (Lot 8 Block 5)
Exhibit A - Res.No. 14-21
Res No. 15-21 (Lot 13 Block 5)
Exhibit A - Res. No 15-21
Res No. 16-21 (Lot 14 Block 5)
Exhibit A -Res No 16-21
Res No. 17-21 (Lot 15 Block 5)
Exhibit A - Res. No 17-21
Res No. 18-21 (Lot 16 Block 5)
Exhibit A - Res. No 18-21
Res No. 19-21(Lot 17 Block 5)
Survey - Res. No 19-21
Simple Legal Review Approval 10-21
Simple Legal Review Approval 11-21
Simple Legal Review Approval 12-21
Simple Legal Review Approval 13-21
Simple Legal Review Approval 14-21
Simple Legal Review Approval 15-21
Simple Legal Review Approval 16-21
Simple Legal Review Approval 17-21
Simple Legal Review Approval 18-21
Simple Legal Review Approval 19-21
Attachments:
Page 12City of Delray Beach Printed on 3/3/2021
February 9, 2021City Commission Minutes - Final
Items 7.A. and 7.B. are interrelated and were presented together.
Mayor Petrolia read the Quasi-Judicial rules and asked her colleagues if
they had any ex-parte communications. The following was disclosed:
Commissioner Frankel: Received an email from Mr. Carney
Commissioner Casale: Received an email from Mr. Carney
Deputy Vice Mayor Johnson: Received an email from Mr. Carney
Vice Mayor Boylston: Received an email from Mr. Carney
Mayor Petrolia: Received an email from Mr. Carney
Katerri Johnson, City Clerk, swore in Thomas Carney who provided
testimony on this item.
Anthea Gianniotes, Development Services Director, read File No. 2021-40
into the record.
Thomas Carney presented the proposed Palm Trail waiver requests to the
Commissioners.
Ms. Gianniotes presented a staff report on items 7.A. and 7.B. She
informed the Commission about the relation between the proposed
property’s waiver request, the City’s current land development regulations,
and workforce housing requirements. Ms. Gianniotes reported that the
project was not supported by the City Engineer or by the Development
Services Management Group.
There was a five-minute recess from 4:52 p.m. - 4:57 p.m. to allow for
public comments. When the Commission reconvened, Katerri Johnson,
City Clerk, reported there were no public comments submitted.
Thomas Carney provided cross-examination pertaining to the right-of-way
width provisions in Ms. Gianniotes’ presentation.
Patrick Figurella, City Engineer, explained the reasoning behind the 20ft
rule.
Mr. Carney provided rebuttal relating to the alley and precedent for
buildings located on the eastern side of the alley.
The Commissioners asked Ms. Gianniotes, Mr. Carney, Mr. Figurella, and
Hassan Hadjimiry, Utilities Director, questions about the property and
proposal.
Lynn Gelin, City Attorney, recommended granting the appeal relieving the
Page 13City of Delray Beach Printed on 3/3/2021
February 9, 2021City Commission Minutes - Final
obligation of the 2.5ft dedication with the condition of correcting the
resolution to include a utility easement when appropriate.
Commissioner Frankel made a motion to approve Resolution No. 40-21
with a 2.5ft easement. It was seconded by Vice Mayor Boylston. The
motion carried by the following vote:
YES: 5 - Mayor Shelly Petrolia, Vice Mayor Ryan Boylston, Deputy Vice Mayor
Shirley Ervin Johnson,Commissioner Adam Frankel, Commissioner Juli Casale
Lynn Gelin, City Attorney, reported that Resolution No. 04-21 was moot did
not need to be voted on because Resolution No. 40-21 was approved.
Vice Mayor Boylston made a motion to approve Resolution No. 10-21 It
was seconded by Commissioner Frankel. The vote was taken, and the
motion carried 5-0.
Vice Mayor Boylston made a motion to approve Resolution No. 11-21 It
was seconded by Commissioner Frankel. The vote was taken, and the
motion carried 5-0.
Vice Mayor Boylston made a motion to approve Resolution No. 12-21 It
was seconded by Commissioner Frankel. The vote was taken, and the
motion carried 5-0.
Vice Mayor Boylston made a motion to approve Resolution No. 13-21 It
was seconded by Commissioner Frankel. The vote was taken, and the
motion carried 5-0.
Vice Mayor Boylston made a motion to approve Resolution No. 14-21 It
was seconded by Commissioner Frankel. The vote was taken, and the
motion carried 5-0.
Vice Mayor Boylston made a motion to approve Resolution No. 15-21 It
was seconded by Commissioner Frankel. The vote was taken, and the
motion carried 5-0.
Vice Mayor Boylston made a motion to approve Resolution No. 16-21 It
was seconded by Commissioner Frankel. The vote was taken, and the
motion carried 5-0.
Vice Mayor Boylston made a motion to approve Resolution No. 17-21 It
was seconded by Commissioner Frankel. The vote was taken, and the
Page 14City of Delray Beach Printed on 3/3/2021
February 9, 2021City Commission Minutes - Final
motion carried 5-0.
Vice Mayor Boylston made a motion to approve Resolution No. 18-21 It
was seconded by Commissioner Frankel. The vote was taken, and the
motion carried 5-0.
Vice Mayor Boylston made a motion to approve Resolution No. 19-21 It
was seconded by Commissioner Frankel. The vote was taken, and the
motion carried 5-0.
7.B.RESOLUTION NO. 40-21: A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN APPEAL
AND APPROVING A WAIVER TO SECTION 5.3.1(A) OF THE LAND
DEVELOPMENT REGULATIONS TO ALLOW FOR A REDUCTION OF
THE REQUIRED RIGHT OF WAY DEDICATION FOR THE PROPERTY
LOCATED AT 816 PALM TRAIL, 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. 40-21 of an appeal to section 5.3.1(A)
of the Land Development Regulations to allow a reduction of an alley right
of way.
Sponsors:Development Services Department
Agenda Cover Report
Resolution No. 40-21
Surevey - Res. No 40-21
Appeal Letter
Simple Legal Review Approval 40-21
Attachments:
This item was addressed and approved in section 7.A.
7.C.RESOLUTION NO. 24-21: A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE
ABANDONMENT OF INTEREST IN A PORTION OF RIGHT-OF-WAY
LYING WEST OF THE INTRACOASTAL WATERWAY AND ADJACENT
TO THE PROPERTY LOCATED AT 823 NE 1ST COURT, DELRAY
BEACH, FLORIDA, TOTALING APPROXIMATELY FIVE THOUSAND
FIVE HUNDRED AND TWENTY-THREE SQUARE FEET (5,523 SQ. FT.),
AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL)
Body:Recommended Action:
Page 15City of Delray Beach Printed on 3/3/2021
February 9, 2021City Commission Minutes - Final
Recommendation:Review and consider the Resolution No. 24-21 for an Abandonment of
interest from the City in a portion of the Canal Street right-of-way.
Sponsors:Development Services Department
Agenda Cover Report
Reso No. 24-21
Reso No. 24-21: PZB Staff Report
Reso No. 24-21: Canal Street Abandonment Map
Reso No. 24-21: Applicant Narrative Letter
Reso No. 24-21: ROW Survey
Reso No. 24-21: City Engineer Review
Reso No. 24-21: 823 NE 1st Court Survey
Legal Review Reso 24-21 Abandonment for 823 NE 1st Court
Attachments:
Mayor Petrolia asked her colleagues if they had any ex-parte
communications, and the following was disclosed:
Vice Mayor Boylston: None
Deputy Vice Mayor Johnson: Spoke with Mr. Costello and Mr. Schiller
Commissioner Casale: Spoke with Mr. Costello and received a text
message from Mr. Schiller
Commissioner Frankel: Spoke with Mr. Schiller
Mayor Petrolia: Spoke with Mr. Costello and Mr. Schiller
Katerri Johnson, City Clerk, swore in Neil Schiller and Jeff Costello who
provided testimony on this item.
Anthea Gianniotes, Development Services Director, entered File No.
2021-34 into the record.
Neil Schiller, Attorney with Saul, Ewing Arnstein, and Lehr, residing at 515
N. Flagler Drive, West Palm Beach, gave a presentation on behalf of the
applicant, the Buscher family. He informed the Commissioners that the
Planning and Zoning Board voted unanimously in support of the project.
Additionally, he noted should this proposal pass the Army Corps would
also need to review and approve the project.
Ms. Gianniotes presented a staff report on the proposed project.
There was a five-minute recess from 6:02 p.m.- 6:07 p.m. to allow for public
comments. When the Commission reconvened, Katerri Johnson, City
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February 9, 2021City Commission Minutes - Final
Clerk, reported there were no public comments submitted.
There was no cross-examination or rebuttal pertaining to the presentations.
Vice Mayor Boylston made a motion to approve resolution 24-21. 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.D.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 46th Extension of the State of Emergency for COVID
-19.
Sponsors:City Attorney Department
Agenda Cover Report
46th Extension State of Emergency - COVID-19
Attachments:
Deputy Vice Mayor Johnson made a motion to approve the ratification
of the 46th Extension of the State of Emergency 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 -
7.E.NOMINATION FOR APPOINTMENT TO THE CODE ENFORCEMENT
BOARD
Body:Recommended Action:
Recommendation:Motion to approve the nomination for an appointment for one (1) alternate
member to serve on the Code Enforcement Board for an unexpired term
ending January 14, 2022.
Sponsors:City Clerk Department
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February 9, 2021City Commission Minutes - Final
Attachments:Agenda Cover Report
1272021 Exhibit A
Code Enforcement Board 2021
Code Enforcement Attendance form 2020 01072021
Kasser
Lee
Rose
Ruen
Mayor Petrolia nominated Ingrid Lee to the Code Enforcement 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.F.NOMINATIONS FOR APPOINTMENT TO THE EDUCATION BOARD
Body:Recommended Action:
Recommendation:Motion to approve nominations for appointment on the Education Board is
needed for one (1) regular member to serve an unexpired term ending July
31, 2022, and one (1) regular member to serve for a two (2) year term
ending July 31, 2023.
Sponsors:City Clerk Department
Agenda Cover Report
01252021 Exhibit A
Education Board 2020 1
ATTENDANCE RECORDS 2020
Cherelus
Cruz
Lapierre
Nevin
Newbold
Purdo
Talley
Van Horn
Attachments:
Mayor Petrolia deferred her nomination.
Commissioner Frankel nominated Angelica Nevin to the Education Board.
It was seconded by Vice Mayor Boylston. The motion carried by the
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February 9, 2021City Commission Minutes - Final
following vote:
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel,
Vice-Mayor Boylston, and Commissioner Casale
5 -
7.G.DISCUSSION AND DIRECTION REGARDING THE HANDLING OF
REQUEST RECEIVED FROM DELRAY INTRACOASTAL CRUISES FOR
EXCUSAL OF PAYMENTS BASED ON INVOCATION OF FORCE
MAJEURE CONTRACTUAL PROVISIONS
Body:Recommended Action:
Recommendation:Staff seeks direction regarding the handling of requests received from
Delray Intracoastal Cruises for excusal of payments based on invocation of
force majeure contractual provisions.
Sponsors:Finance Department
Agenda Cover Report
Delray Yacht Cruises 12.2020 Letter
Delray Intracoastal Cruises March 2019-October 2019 and March
2020-October 2020 (1) (1)
Delray Intracoastal payment schedule
RFP 2018-031 FULL
Delray IntraCoastal Cruises Executed Agreement 2018-031
Email Re Dockage Fees
Attachments:
Jennifer Alvarez, Interim City Manager, provided background on Delray
Intracoastal Cruises’ request.
Samuel Metott, Director of Parks and Recreation, further explained that
Delray Intracoastal Cruises is requesting an extension of services until the
end of March. He informed the Commission that Delray Intracoastal
Cruises applied for PPE loans and informed the City of their struggles
throughout the pandemic.
The Commissioners engaged in a discussion about providing Delray
Intracoastal Cruises temporary relief.
Missie Barletto, Director of Public Works, answered questions about the
Veterans Park seawall.
Ms. Alvarez clarified for the record that this proposal would provide relief
for Delray Intracoastal Cruises’ monthly fees and not their contract
obligation to pay for repairs.
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February 9, 2021City Commission Minutes - Final
There was consensus to give Delray Intracoastal Cruises reprieve for their
monthly fees
7.H.DISCUSSION REGARDING COVID-19 TEMPORARY MEASURES
Agenda Cover ReportAttachments:
Chris Bell, Emergency Preparedness Manager, gave a presentation on
COVID-19 cases throughout the state. He reported 1.8 million people in
Florida have had COVID-19; 30,000 people have passed away due to the
virus, and 8,350 have tested positive for COVID-19 in the City of Delray
Beach.
The Commissioners asked Mr. Bell questions and thanked him for his
presentation.
Anthea Gianniotes, Development Services Director, provided an overview
of the city’s current special event precautions. She requested guidance
from the Commissioners on whether to continue the moratorium on events
or to allow some events to resume through a phased approach.
Keith Tomey, Fire Chief, used the City of West Palm Beach as a model
and provided examples of what events would look like if they were allowed
back in small and ticketed increments.
Laura Simon, Executive Director of the Downtown Development Authority,
further explained precautions and oversight for safety pertaining to events
like Savor the Avenue. (Safer the Avenue)
A discussion ensued amongst the Commissioners and staff. There was
consensus to move forward with a phased approach.
Ms. Gianniotes provided an update on sidewalk cafes. There was
consensus to extend sidewalk cafes until September 30, 2021. Businesses
would be billed equitably in June.
Ms. Gianniotes requested direction regarding temporary private use areas,
standalone bars, and sign codes.
The Commissioners engaged in a discussion with Ms. Gianniotes and Ms.
Simon.
Page 20City of Delray Beach Printed on 3/3/2021
February 9, 2021City Commission Minutes - Final
There was consensus to continue temporary private use areas, allow
standalone bars to stay open until 11:00 p.m. seven days a week with an
outdoor component, and to allow retail establishments additional signage
until the end of September 30, 2021.
8. PUBLIC HEARINGS:
8.A. None
9. FIRST READINGS:
9.A.ORDINANCE NO. 03-21: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH BY AMENDING CHAPTER 4, “ZONING
REGULATIONS,” ARTICLE 4.4, “BASE ZONING DISTRICT,” SECTION
4.4.13, “CENTRAL BUSINESS (CBD) DISTRICT”, BY AMENDING
SUBSECTION (C), “ALLOWABLE USES,” TO EXPAND THE AREAS
WHEREIN AUTOMATED PARKING GARAGES ARE A PERMISSIBLE
USE; BY AMENDING SUBSECTION (D), “CONFIGURATION OF
BUILDINGS,” TO ADD THE RAILROAD CORRIDOR SUB-DISTRICT OF
THE CENTRAL BUSINESS DISTRICT AS AN EXCEPTION TO
STANDARD BUILDING HEIGHT REGULATIONS OF THE CENTRAL
BUSINESS DISTRICT; BY AMENDING TABLES 4.4.13(B), “BUILDING
HEIGHT,” AND 4.4.13(C), “DIMENSIONAL REQUIREMENTS BY CBD
SUB-DISTRICT”, TO INCREASE THE MAXIMUM NUMBER OF STORIES
ALLOWED IN THE RAILROAD CORRIDOR SUB-DISTRICT SOUTH OF
SE 2ND STREET; BY AMENDING SUBSECTION (H), “INCENTIVE
PROGRAM,” TO REQUIRE THE PROVISION OF WORKFORCE
HOUSING FOR A DENSITY INCREASE ABOVE 30 DWELLING UNITS
PER ACRE WITHIN THE RAILROAD-CORRIDOR SUB-DISTRICT SOUTH
OF SE 2ND STREET; 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. 03-21 on First Reading,
privately-initiated amendments to the Land Development Regulations for
the portion of the Central Business District (CBD) Railroad Corridor
Sub-district located south of SE 2nd Street to increase the maximum
number of stories allowed from four to five within the current maximum
height of 54 feet, increase the maximum density from 30 to 70 dwelling
units per acre as part of a Residential Incentive Program that requires at
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February 9, 2021City Commission Minutes - Final
least 20 percent of the bonus density be provided as on-site workforce
housing units, and expand the locations for Automated Parking Garages to
include any Secondary Street within the Railroad Corridor Sub-district.
Sponsors:Development Services Department
Attachments:Agenda Cover Report
Ord. No. 03-21
Ord. No. 03-21: Staff Report
Ord. No. 03-21: Applicant Support of Request
Ord. No. 03-21: Applicant Narrative
Ord. No. 03-21: Map AD-5
Ord. No. 03-21: Legal Review
Lynn Gelin, City Attorney, read Ordinance No. 03-21 into the record.
Christina Bilenki, Attorney with Dunay, Miskel, and Backman LLP, located
at 14 SE 4th St #36, Boca Raton, FL 33432 presented the proposed CBD
Railroad Corridor South Sub-District Land Development Regulations
Amendment.
Anthea Gianniotes, Development Services Director, presented a staff
report to the Commission and showed the Commission letters of support
from neighbors of the proposed project. She informed the Commission the
Planning and Zoning board voted 4-3 not to approve the revised plan on
January 25, 2021.
Commissioner Frankel made a motion to approve Ordinance No. 03-21
on first reading. It was seconded by Deputy Vice Mayor Johnson. The
motion carried by the following vote:
Yes:Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, and Vice-Mayor
Boylston
3 -
No:Mayor Petrolia, and Commissioner Casale2 -
10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
A. City Manager
None
10.A.1.City Manager Update Memo
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February 9, 2021City Commission Minutes - Final
Agenda Cover Report
CM Updates 2.8.2021
Attachments:
B. City Attorney
None
C. City Commission
Vice Mayor Boylston and Deputy Vice Mayor Johnson requested to
recognize Coach T.J. Jackson who is retiring as the Football Coach at
Atlantic High School.
There was consensus.
Deputy Vice Mayor Johnson recognized Black History Month,
congratulated C. Ron Allen for 30 years of service with the KOP
Mentoring Network, invited everyone to participate in the Community
Redevelopment Agencies Speaker Series, and invited the
Commission to participate in the League of Cities meeting.
Lynn Gelin, City Attorney, requested to schedule a Closed Attorney
Client Session Special Meeting for the IAFF Negotiations between the
Union and the City.
There was consensus to schedule the Closed Attorney Client Session
Special Meeting on February 18, 2021 at 12:00 p.m.
Mayor Petrolia requested an update on COVID-19 vaccines.
The Commissioners engaged in a discussion with Jennifer Alvarez,
Interim City Manager, about creating a vaccine hotline and ways to help
senior citizens get access to the vaccine.
With no further business to discuss, the meeting was adjourned at 8:53
p.m.
Page 23City of Delray Beach Printed on 3/3/2021
ATTEST:
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
herein the Minutesinformation provided is of the February 9, 2021
City 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.
held on February 09, 2021 which minutes