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March 2, 2021 City Commission Meeting Minutes - FINAL with signature pageTuesday, March 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://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 March 2, 2021City Commission Minutes - Final 1. ROLL CALL The Regular City Commission was called to order at 4:00 p.m. The roll call was taken by Katerri Johnson, City Clerk, and the following were present: Others Present Were: Jennifer Alvarez, Interim City Manager Lynn Gelin, City Attorney Katerri Johnson, City Clerk Mayor Shelly Petrolia, Deputy Vice Mayor Shirley Ervin Johnson, Commissioner Adam Frankel, Vice-Mayor Ryan Boylston, and Commissioner Juli Casale Present:5 - 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL Commissioner Casale requested to pull Item No. 7.F. The Commissioners engaged in a discussion about the matter. Commissioner Casale made a motion to defer Item No. 7.F to allow for more time to review and to schedule a Special Meeting on March 4, 2021 at 2:00 p.m. to vote on the final collective bargaining negotiations with the Professional Firefighters of Delray Beach, IAFF Local 1842 Inc. It was seconded by Deputy Vice Mayor Johnson. The motion carried by the following vote: YES: 4 - Mayor Petrolia, Vice Mayor Boylston, Deputy Vice Mayor Johnson, and Commissioner Casale NO: 1 - Commissioner Frankel Jennifer Alvarez, Interim City Manager, requested the Commission to defer Item No. 6.L. Vice Mayor Boylston made a motion to approve the agenda as amended. It was seconded by Deputy Vice Mayor Johnson. The motion carried by the following vote: YES: 5 - Mayor Petrolia, Vice Mayor Boylston, Deputy Vice Mayor Johnson, Commissioner Frankel, Commissioner Casale 4. PRESENTATIONS: Page 1City of Delray Beach Printed on 3/26/2021 March 2, 2021City Commission Minutes - Final 4.A.PRESENTING SEAN McCLURG, TECHNICAL SUPPORT ANALYST I, WITH EMPLOYEE OF THE MONTH FOR JANUARY 2021. Body:Recommended Action: Recommendation:Motion to present Sean McClurg, Technical Support Analyst I, with Employee of the Month for January 2021. Sponsors:Human Resources Department Agenda Cover Report Sean McClurg nomination form Jan 2021 Attachments: Ebony Olivier, Human Resource Generalist, recognized Sean McClurg, Technical Support Analyst I, as Employee of the Month for January 2021. Jay Stacy, Director of the IT Department, acknowledged Mr. McClurg for his excellent customer service skills and his capabilities with the city’s virtual Commission and Board Meetings. Mr. McClurg accepted his award and received eight hours off with pay. 4.B.RESOLUTION NO. 47-21 RECOGNIZING AMY E. BROWN FOR 30 YEARS OF SERVICE Body:Recommended Action: Recommendation:Motion to Approve Resolution No. 47-21 honoring Amy E. Brown for 30 years of service. Sponsors:Human Resources Department Agenda Cover Report Resolution 47-21 Amy Brown FINAL 3.2.21 Attachments: Mayor Petrolia read Resolution No. 47-21 into the record and thanked Amy Brown for her thirty years of service. Javaro Sims, Chief of Police, acknowledged that Ms. Brown has been a tremendous asset to her department throughout her years of service. Ms. Brown accepted her resolution. 4.C.ALFRED “ZACK” STRAGHN PROCLAMATION Body:Recommended Action: Recommendation:Motion to proclaim the 2nd Sunday in March as Alfred "Zack" Straghn Day in Delray Beach. Sponsors:City Clerk Department Page 2City of Delray Beach Printed on 3/26/2021 March 2, 2021City Commission Minutes - Final Agenda Cover Report Alfred Zack Straghn Day Attachments: Mayor Petrolia read the proclamation into the record honoring Alfred Zack Straghn’s accomplishments and community service throughout his life. Randy Straghn accepted the proclamation on behalf of his father and gave a few words. 4.D. PROCLAMATION FOR ATLANTIC HIGH SCHOOL'S CHAMPIONSHIP Body:Recommended Action: Recommendation:Motion to recognize the Atlantic High School Football Team and Coaches, including T.J. Jackson, for an incredible championship season and a job well done. Sponsors:City Clerk Department Agenda Cover Report Atlantic High School Championship Team Attachments: Mayor Petrolia read the proclamation into the record recognizing the Atlantic High School Football Team’s accomplishments. Mayor Petrolia acknowledged former coach T.J. Jackson for his years of leadership. Tara Ocampo, Principal of Atlantic High School, accepted the proclamation and thanked the Commission for their support. 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 Katerri Johnson, City Clerk, stated there were no public comments. 6. CONSENT AGENDA: City Manager Recommends Approval Vice Mayor Boylston made a motion to approve the Consent Agenda. It was seconded by Commissioner Frankel. The motion carried by the following vote: Page 3City of Delray Beach Printed on 3/26/2021 March 2, 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 27, 2021 Special City Commission Meeting Minutes Proposed Panhandling Ordinance February 2, 2021 Regular City Commission Meeting Minutes February 3, 2021 Special City Commission Meeting Minutes Proposed Panhandling Ordinance February 9, 2021 City Commission Workshop Meeting Minutes February 9, 2021 Regular City Commission Meeting Minutes February 18, 2021 Closed Attorney Client Session Special City Commission Meeting Minutes Sponsors:City Clerk Department Agenda Cover Report January 27, 2021 Special Meeting Minutes Proposed Panhandling Ordinance- DRAFT February 2, 2021 Regular Meeting Minutes - DRAFT February 3, 2021 Special Meeting Minutes Proposed Panhandling Ordinance - DRAFT February 9, 2021 Workshop Meeting Minutes - DRAFT February 9, 2021 Regular Meeting Minutes - DRAFT February 18, 2021 Closed Attorney Client Session Special Meeting Minutes _ DRAFT Attachments: 6.B.RESOLUTION NO. 45-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, STRONGLY ENCOURAGING THE STATE LEGISLATURE TO APPROVE SENATE BILL 594 AND COMPANION HOUSE BILL 6027, RELATING TO THE PREEMPTION OF RECYCLABLE AND POLYSTYRENE MATERIALS BY AMENDING SECTION 403.7033 AND SECTION 500.90, FLORIDA STATUTES; AND REPEALING THE PREEMPTION OF LOCAL LAWS REGARDING THE USE OR SALE OF SINGLE-USE PLASTIC BAGS AND POLYSTYRENE MATERIALS. Body:Recommended Action: Recommendation:Motion to approve Resolution No. 45-21. Sponsors:City Manager Department Page 4City of Delray Beach Printed on 3/26/2021 March 2, 2021City Commission Minutes - Final Agenda Cover Report Resolution 45-21 SB 594 and HB 6027 SB 594 HB 6027 Simple Legal Review Approval Resolution 45-21 Attachments: 6.C.REQUEST FOR SUBORDINATION OF SECOND MORTGAGE FOR 2115 SW 13th STREET Body:Recommended Action: Recommendation:Motion to Approve a request for the City to subordinate its second mortgage position in the amount of $8,344.95 for the property located at 2115 SW 13th Street. Sponsors:Neighborhood & Community Services Agenda Cover Report Legal Review Subordination Agreement Eric Bennett 2115 SW 13th Street Subordination Agreement for Refinance -Eric Bennett final Eric Jeffery Bennett Closing Disclosure Mortgage Calculations - Subordinations Title Eric Jeffery Bennett 2115 SW 13th Street Recorded 1st Mortgage Eric Jeffery Bennett City Mortgage Eric Jeffery Bennett 2115 SW 13th Street Attachments: 6.D.ITEMS A1-ACCEPTANCE OF STANDARD TEMPORARY CONSTRUCTION EASEMENT FOR 332 NW 10TH STREET, 1025 S. DIXIE HIGHWAY, 1301 SW 10TH AVENUE, 1595 SW 4TH AVENUE, AND 400/401 W LINTON BOULEVARD. Body:Recommended Action: Recommendation:Consideration of the following items: TEMPORARY CONSTRUCTION EASEMENT FOR MULTIPLE ADDRESSES. Items A1 (A1a) Motion to approve and accept a Temporary Construction Easement Agreement by the owner(s) of 332 NW 10th Street to the City of Delray Beach. (A1b) Motion to approve and accept a Temporary Construction Easement Agreement by the owner(s) of 1025 South Dixie Highway to the City of Delray Beach. Page 5City of Delray Beach Printed on 3/26/2021 March 2, 2021City Commission Minutes - Final (A1c) Motion to approve and accept a Temporary Construction Easement Agreement by the owner(s) of 1301 SW 10th Avenue to the City of Delray Beach. (A1d) Motion to approve and accept a Temporary Construction Easement Agreement by the owner(s) of 1595 SW 4th Avenue to the City of Delray Beach. (A1e) Motion to approve and accept a Temporary Construction Easement Agreement by the owner(s) of 400/401 W Linton Boulevard to the City of Delray Beach. Sponsors:Public Works Department Agenda Cover Report Item (1)- Legal Review. Item (A1a)-Temporary Construction Easement - 202 SW 10th Street -Item (A1b)-Temporary Construction Easement-1025 S DrxrE HWY Item (A1c)-Temporary Construction Easement-1301 SW 10th Avenue Item (A1d)-Temporary Construction Easement-1595 SW 4th Avenue Item (A1e)-Temporary Construction Easement-401 W Linton Blvd Attachments: 6.E.ITEMS B1- ACCEPTANCE OF PERPETUAL SIDEWALK EASEMENTS FOR 1300 WALLACE DRIVE, 1215 WALLACE DRIVE, AND 234 SW 6TH AV Body:Recommended Action: Recommendation:Consideration of the following items: PERPETUAL SIDEWALK EASEMENTS FOR MULTIPLE ADDRESSES. ITEMS B (B1a) Motion to approve and accept a Perpetual Sidewalk Easements Easement Agreement by the owner(s) of 1300 Wallace drive to the City of Delray Beach. (B1b) Motion to approve and accept a Perpetual Sidewalk Easements Easement Agreement by the owner(s) of 1215 Wallace drive to the City of Delray Beach. (B1c) Motion to approve and accept a Perpetual Sidewalk Easements Easement Agreement by the owner(s) of 234 SW 6th Avenue to the City of Delray Beach. Page 6City of Delray Beach Printed on 3/26/2021 March 2, 2021City Commission Minutes - Final Sponsors:Public Works Department Agenda Cover ReportAttachments: 6.F. Item (1)- Legal Review Item (B1a)-Perpetual Sidewalk Easement -1300 Wallace Dr. Item (B1b)-Perpetual Sidewalk Easement -1215 Wallace Drive Item (B1c)-Perpetual Sidewalk Easement 234 SW 6TH AVE ITEMS C1- ACCEPTANCE OF PERPETUAL SIDEWALK EASEMENTS FOR 222 SW 6TH AVENUE, 226 SW 6TH AVENUE, 210 SW 6TH AVENUE, 401 W LINTON BOULEVARD, 320 SW 4TH AVENUE, AND 1330 WALLACE DRIVE. Body:Recommended Action: Recommendation:Consideration of the following items: PERPETUAL SIDEWALK EASEMENTS FOR MULTIPLE ADDRESSES. ITEMS C1 (C1a) Motion to approve and accept a Perpetual Sidewalk Easements Easement Agreement by the owner(s) of 222 SW 6th Avenue to the City of Delray Beach. (C1b) Motion to approve and accept a Perpetual Sidewalk Easements Easement Agreement by the owner(s) of 226 SW 6th Avenue to the City of Delray Beach. (C1c) Motion to approve and accept a Perpetual Sidewalk Easements Easement Agreement by the owner(s) of 210 SW 6th Avenue to the City of Delray Beach. (C1d) Motion to approve and accept a Perpetual Sidewalk Easements Easement Agreement by the owner(s) of 401 W Linton Boulevard to the City of Delray Beach. (C1e) Motion to approve and accept a Perpetual Sidewalk Easements Easement Agreement by the owner(s) of 320 SW 4th Avenue to the City of Delray Beach. (C1f) Motion to approve and accept a Perpetual Sidewalk Easements Easement Agreement by the owner(s) of 1330 Wallace Drive to the City of Delray Beach. Sponsors:Public Works Department Page 7City of Delray Beach Printed on 3/26/2021 March 2, 2021City Commission Minutes - Final Agenda Cover Report Item (1)- Legal Review Item (C1a)-Perpetual Sidewalk Easement -222 SW 6th Avenue Item (C1b)-Perpetual Sidewalk Easement-226 SW 6TH AVE_Redacted Item (C1c)-Perpetual Sidewalk Easement -210 SW 6th Ave Item (C1d)-Perpetual Sidewalk Easement -401 W Linton Blvd Item (C1e)-Perpetual Sidewalk Easement- 320 SW 4th Ave Item (C1f)-Perpetual Sidewalk Easement- 1330 Wallace dr. Attachments: 6.G.APPROVAL OF SERVICE AUTHORIZATION NO. 12-03.4 TO WANTMAN GROUP, INC. IN THE AMOUNT OF $1,500 FOR POST DESIGN AND PERMITTING SERVICES RELATED TO THE SANITARY SEWER SYSTEM 58A AND 87 FORCE MAIN REPLACEMENT PROJECT. Body:Recommended Action: Recommendation:Motion to approve Service Authorization No. 12-03.4 (Amendment No. 4 to Service Authorization No. 12-03) to Wantman Group, Inc. (WGI) in the amount of $1,500 for additional post design and permitting services related to the Sanitary Sewer System 58A and 87 Force Main Replacement Project (P/N 2014-039). Sponsors:Public Works Department Agenda Cover Report WGI Amendment 12-03.4 WGI COI City of Delray Beach 3 Amendment No. 3 - Consulting Service Authorization No. 12-03.3 WGI Existing SA 12-03 Legal Review Checklist 020921 Attachments: 6.H.APPROVAL TO SUBMIT A GRANT APPLICATION TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - CORONAVIRUS (CV) PROGRAM ROUND 2 ADMINISTERED BY THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) AND FUNDED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AUTHORIZED THROUGH THE CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY (CARES) ACT FOR FUNDING ASSISTANCE TO ADDRESS URGENT COMMUNITY DEVELOPMENT NEEDS POSING A SERIOUS AND IMMEDIATE THREAT TO THE HEALTH OR WELFARE OF THE COMMUNITY. Body:Recommended Action: Recommendation:Motion to approve submittal of a grant appliction to the Community Development Block Grant - Coronavirus (CV) Program Round 2 Page 8City of Delray Beach Printed on 3/26/2021 March 2, 2021City Commission Minutes - Final administered by the State of Florida Department of Economic Opportunity (DEO) and funded by the US Department of Housing and Urban Development (HUD) authorized through the Coronavirus Aid, Relief, and Economic Security (CARES) Act for funding assistance to address urgent community development needs posing a serious and immediate threat to the health or welfare of the community. Sponsors:Public Works Department Agenda Cover Report cdbg-cvprogramoverview2-1-2021 Attachments: 6.I.APPROVAL OF AMENDMENT 1 FOR RETROACTIVE APPROVAL OF RENEWAL WITH STO LANDSCAPE SERVICES, INC. FOR LANDSCAPE MAINTENANCE FOR SEACREST SOCCER COMPLEX HILLTOPPER STADIUM; AND APPROVAL TO CHANGE THE NAME OF ANY AND ALL ACTIVE AGREEMENTS WITH STO LANDSCAPE SERVICES, INC. TO HAVERLAND AG INNOVATIONS, INC. IN ACCORDANCE WITH NOTICE OF ENTITY’S NAME CHANGE; AND APPROVAL TO INCREASE THE CONTRACT VALUE - $45,000 Body:Recommended Action: Recommendation:Motion to retroactively approve renewal of STO Landscape Services, Inc. for landscape maintenance for Seacrest Soccer Complex Hilltopper Stadium; approval to change the name of any and all active agreements with STO Landscape, Inc. to Haverland AG Innovations, Inc. in accordance with notice of entity’s name change; approval to increase the contract value in the amount of $45,000; and to authorize the City Manager to exercise any and all renewal options, in the amounts below, contingent upon the appropriation of funds. Sponsors:Parks & Recreation Department and Purchasing Department Agenda Cover Report Amendment 1 to Solicitation 2018-005 STO Landscape Name Change-W9 Amd #1 STO Legal Review ITB 2018-005 Seacrest Soccer Complex Attachments: 6.J.AMENDMENT NO. 2 TO THE LEASE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND CREATIVE CITY COLLABORATIVE OF DELRAY BEACH FOR THE ARTS GARAGE. Body:Recommended Action: Recommendation:Motion to Approve Amendment No. 2 to the Lease Agreement between the City of Delray Beach and Creative City Collaborative of Delray Beach. Sponsors:City Attorney Department Page 9City of Delray Beach Printed on 3/26/2021 March 2, 2021City Commission Minutes - Final Agenda Cover Report DelrayArtsLeaseAmendmentNo2Final022221 df4a5ab4-a33c-4350-b265-57eac512229d_Redacted Lease with the Creative City Collaborative Attachments: 6.K.ACCEPTANCE OF THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING AND DISTINGUISHED BUDGET PRESENTATION AWARD FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION Body:Background: The Government Finance Officers Association of the United States and Canada (GFOA) awarded the City of Delray Beach the Certificate of Achievement for Excellence in Financial Reporting for the City’s Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 2019. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. This is the 37th consecutive year the City has received this award. Additionally, the Government Finance Officers Association of the United States and Canada (GFOA) awarded the City of Delray Beach the Distinguished Budget Presentation Award for the annual budget. This award represents a significant achievement by the City. It reflects the commitment of the governing body and staff to meeting the highest standards of governmental budgeting. In order to receive the budget award, the City had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as a policy document, a financial plan, an operations guide, and a communications device. This is the 25th year the City has received this award. Sponsors:Finance Department Agenda Cover Report Certificate of Achievement for Excellence In Financial Reporting Award Distinguished Budget Presentation Award Attachments: 6.L.LAW ENFORCEMENT TRUST FUND (LETF) PROCESS FOR FUNDING DISTRIBUTIONS AND APPROVAL OF THE REQUEST FOR FUNDING Page 10City of Delray Beach Printed on 3/26/2021 March 2, 2021City Commission Minutes - Final FROM SOUTH PALM BEACH COUNTY ALUMNAE CHAPTER OF DELTA SIGMA THETA SORORITY, INC. Body:Recommended Action: Recommendation:Motion to approve new process for the Law Enforcement Trust Fund (LETF) funding distributions pursuant to Florida Statute 932.7055, Disposition of Liens and Forfeited Property and approval of a request for funding from South Palm Beach County Alumnae Chapter of Delta Sigma Theta Sorority, Inc. in the amount of $5,000. Sponsors:Police Department Agenda Cover Report Law Enforcement Trust Fund (LETF) Donations Process Letter LETF Application DBPD SPBCAC (LETF) Request Form - 1-25-2021 Attachments: Item 6.L. was deferred and moved to the April 6, 2021 agenda. 6.M. PROCLAMATIONS: 6.M.1.ALL PEOPLE'S DAY PROCLAMATION Body:Recommended Action: Recommendation:Motion to declare All People's Day on March 20, 2021. Sponsors:City Clerk Department Agenda Cover Report All People's Day Proclamation Attachments: 6.M.2.VIETNAM VETERANS' DAY PROCLAMATION Body:Recommended Action: Recommendation:Motion to proclaim March 29, 2021 as VIETNAM VETERAN'S DAY in the City of Delray Beach. Sponsors:City Clerk Department Agenda Cover Report Vietnam Veteran's Day Proclamation Attachments: 6.M.3.PROCLAMATION DESIGNATING THE MONTH OF MARCH AS FLORIDA BIKE MONTH IN DELRAY BEACH Body:Background: Florida Bicycle Month, celebrated each year in March, provides an Page 11City of Delray Beach Printed on 3/26/2021 March 2, 2021City Commission Minutes - Final opportunity for the City of Delray Beach to recognize the long history of welcoming bicycles whether for health, transportation, or recreational purposes. A bicycle is a cost effective, efficient, sustainable, and fun way to move about Delray Beach; many people in Delray Beach use bicycles as part of a normal, everyday activity. Delray Beach is home to many shops and businesses that cater to bicyclists. The City of Delray Beach is committed to improving safety for people bicycling and joins other bodies throughout the State of Florida in celebrating Florida Bicycle Month. During the month of March, 2021, the City will join many other municipalities, the Palm Beach TPA, and private organizations in celebrating this month by proclaiming March Florida Bicycle Month. This month, the City anticipates finishing the Seacrest Avenue, or Northeast 2nd Avenue, complete street project, which extends from NE 22nd Street to Gulfstream Boulevard (City Limits). Multiple City Departments, Neighborhood Associations, as well as Plumosa Elementary School were involved in securing funding for the project from the early 2010s until now. With the expansion of Plumosa School of the Arts to include middle school students, this project's timely completion will offer new transportation choices to Delray Beach residents and students in the spirit of Florida Bicycle Month. City Attorney Review: Approved to form and legal sufficiency. Funding Source/Financial Impact: N/A Timing of Request: N/A Sponsors:Development Services Department Agenda Cover Report Bike Month Proclamation Legal Review Florida Bicycle Month Proclamation Attachments: 6.M.4.PROCUREMENT MONTH PROCLAMATION Body:Recommended Action: Recommendation:Motion to proclaim the month of March as Procurement Month. Sponsors:Purchasing Department Agenda Cover Report Procurement Month Attachments: Page 12City of Delray Beach Printed on 3/26/2021 March 2, 2021City Commission Minutes - Final 6.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.N.1.REPORT OF APPEALABLE LAND USE ITEMS FROM JANUARY 25, THROUGH FEBRUARY 12, 2021. Body:Recommended Action: Recommendation:By motion, receive and file this report. Sponsors:Development Services Department Agenda Cover Report Appealable Items Map A - 300 SE 7th Ave B - 18 NE 7th Street C - 122 SE 6th Avenue D - Whit's Frozen Custard E - Ollie's F - Hatcher Building G - Frederick Isles Attachments: 6.O. AWARD OF BIDS AND CONTRACTS: 6.O.1. APPROVAL OF RESOLUTION NO. 42-21 TO AWARD AN AGREEMENT WITH MARTIN FENCE COMPANY TO FURNISH, REPAIR, AND INSTALL FENCE AND CHAIN LINK, UTILIZING PALM-BEACH COUNTY AGREEMENT NO. 20-009/MB - $42,400 Body:Recommended Action: Recommendation:Motion to approve Resolution No. 42-21 to award an Agreement with Martin Fence Company for the installation and repair of chain link fencing in the estimated amount of $42,400 through May 23, 2021, utilizing Palm-Beach County Agreement No. 20-009/MB, and authorize the City Manager to approve renewal options, in the amounts below, contingent on appropriations of funds. Sponsors:Parks & Recreation Department and Purchasing Department Agenda Cover Report Scan_Anelus, Sydney_16_30_29-01-2021 Legal Review Checklist Palm Beach County Pigggyback with Martin Fence Company PBC Contract Resolution No. 42-21_Martin Fence Attachments: Page 13City of Delray Beach Printed on 3/26/2021 March 2, 2021City Commission Minutes - Final 6.O.2.APPROVAL OF RESOLUTION NO. 35-21 TO AWARD AGREEMENTS WITH WYNN & SONS, INC., WEEKLEY ASPHALT PAVING, INC., AND R & D PAVING, LLC FOR MILLING AND PAVING, MINOR CONCRETE WORK AND GUARDRAIL PURSUANT TO ITBC NO. 2021-002 - $14,850,000 Body:Recommended Action: Recommendation:Motion to Approve Resolution No. 35-21 to award Agreements with Wynn & Sons, Inc., Weekley Asphalt Paving, Inc. and R & D Paving, LLC for Milling and Paving, Minor Concrete Work and Guardrail pursuant to ITBC No. 2021-002 (Project No. 19-009) in the total estimated three-year amount of $14,850,000 ($14,700,000 for the Public Works Department and $150,000 for the Parks and Recreation Department) and authorize the City Manager to approve renewal options, in the amounts below, contingent upon appropriations of funds. Sponsors:Public Works Department and Purchasing Department Agenda Cover Report Signed Agreement - R&D Paving - Milling and Paving Signed Agreement - Weekley - Milling and Paving Signed Agreement - Wynn - Milling and Paving Exhibit A - Submittal from Wynn & Sons Exhibit B - Submittal from Weekley Asphalt Paving Exhibit C - Submittal from R&D Paving Resolution 35-21 Milling and Resurfacing Legal Review Checklist R & D Paving, LLC Legal Review Checklist Weekley Asphalt and Paving Legal Review Checklist Wynn & Sons, Inc. BidEvaluation_ITBC_NO._2021-002_FINAL_Rev0_2021-01-04 Attachments: 6.O.3.APPROVAL OF RESOLUTION NO. 43-21 TO APPROVE AN AGREEMENT WITH STANFORD AND SONS TRUCKING CORPORATION DBA STANFORD CONSTRUCTION COMPANY FOR PUBLIC RIGHT-OF-WAY ACCESSIBILITY IMPROVEMENTS (PHASE 1/BID PKG 1) PURSUANT TO ITBC NO. 2021-008 (PROJECT NO. 16-099) - $672,557 Body:Recommended Action: Recommendation:Motion to Approve Resolution No. 43-21 to award an Agreement with Stanford and Sons Trucking Corporation dba Stanford Construction Company for Public Right-of-Way Accessibility Improvements pursuant to ITBC No. 2021-008 (Project No. 16-099) - $672,557. Sponsors:Public Works Department and Purchasing Department Page 14City of Delray Beach Printed on 3/26/2021 March 2, 2021City Commission Minutes - Final Agenda Cover Report Agreement - Public Right of Way Accessibility Imprv - Stanford Construction it 2.1.21 (1) Resolution 43-21 Public Right of Way Access. Imprv. - Stanford (1) Legal Review ITB 2021-008 Sanford and Sons Trucking Submittal - Stanford Construction Excel_Tabulation_for_Bid_ITBC_NO._2021-008_it update 1.14.21 Kimley Horn RFA - 2021-008_Delray ADA Sidewalk Improv (2021-01-29) Attachments: 7. REGULAR AGENDA: 7.A.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 47th, 48th and 49th Extensions of the State of Emergency for COVID -19. Sponsors:City Attorney Department Agenda Cover Report 47th Extension State of Emergency - COVID -19 48th Extension State of Emergency - COVID -19 49th Extension State of Emergency - COVID -19 Attachments: 7.B. Commissioner Frankel made a motion to approve the ratification of the 47th, 48th, and 49th extensions of the State of Emergency for COVID-19. It was seconded by Vice Mayor Boylston. The motion carried by the following vote: YES: 5 - Mayor Petrolia, Vice Mayor Boylston, Deputy Vice Mayor Johnson, Commissioner Frankel, Commissioner Casale NOMINATION FOR APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY Body:Recommended Action: Recommendation:Motion to approve the nomination for an appointment for one (1) regular member to serve on the Downtown Development Authority Board for a three (3) year term ending July 01, 2024. Sponsors:City Clerk Department Page 15City of Delray Beach Printed on 3/26/2021 March 2, 2021City Commission Minutes - Final Attachments:Agenda Cover Report Exhibit A 02112021 Downtown Development Authority 2021 2 2020 Year DDA Board Quarterly Attendance Record Downtown Development Authority Map Adamo Denkler Clark Cruz Devitt Donohue Michel Pasquale Pellegrino Sylvestre VanArnem Zirilli Commissioner Casale nominated Mark Denkler to the Downtown Development Agency 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.C.RESOLUTION NO. 44-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING BRYAN BOULEVARD, A PRIVATE RIGHT-OF-WAY WHICH SPANS FROM WEST LINTON BOULEVARD TO SOUTH MILITARY TRAIL, AS HEROES WAY, AS LOCATED IN EXHIBIT “A”; AND PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Body:Recommended Action: Recommendation:Review and consider Resolution No. 44-21 to designate Bryan Boulevard, a private right-of-way which spans from West Linton Boulevard to South Military Trail, as Heroes Way. Sponsors:Development Services Department Page 16City of Delray Beach Printed on 3/26/2021 March 2, 2021City Commission Minutes - Final Attachments:Agenda Cover Report Res No. 44-21: Rename Bryan Boulevard to Heroes Way Res No. 44-21: Heroes Way Request Letter Res No. 44-21: Location Map Res No. 44-21: Staff Report Res No. 44-21: Legal Review Anthea Gianniotes, Development Services Director, provided an overview of the applicant’s request. John Secreto, Chief Nursing Officer of Delray Medical Center, explained that renaming Bryan Boulevard to Heroes Way would be a fitting tribute to the healthcare workers and first responders employed at Delray Medical Center. Ms. Gianniotes presented a staff report and informed the Commission that the Planning and Zoning Board voted 5-0 in support of the proposal. Commissioner Frankel made a motion to approve Resolution No. 44-21. It was seconded by Vice Mayor Boylston. The motion carried by the following vote: Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 7.D.CITY ATTORNEY'S MERIT INCREASE Body:Recommended Action: Recommendation:Motion to consider the City Attorney's salary review. Sponsors:Human Resources Department Agenda Cover ReportAttachments: Duane D’ Andrea, Director of Human Resources, verified he had received the Commissioner’s and Mayor’s annual performance report for Lynn Gelin, City Attorney. He informed the Commission, based on Ms. Gelin’s overall score, she was entitled to a 4.85% merit salary increase. Mayor Petrolia asked the Commission for a consensus to raise Ms. Gelin’s merit increase to 5%. Deputy Vice Mayor Johnson made a motion to approve a 5% merit increase for Lynn Gelin, City Attorney. It was seconded by Commissioner Frankel. The motion carried by the following vote: Page 17City of Delray Beach Printed on 3/26/2021 March 2, 2021City Commission Minutes - Final Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, and Commissioner Casale 4 - No:Vice-Mayor Boylston1 - 7.E.DISCUSSION AND DIRECTION CONCERNING LOCAL RULES Body:Recommended Action: Recommendation:The City Attorney seeks direction regarding the changes to the City of Delray Beach Local Rules. Sponsors:City Attorney Department Agenda Cover Report Rules of procedure 2021 word version 1-10-2021 JA 2-19-2021 lg rev Attachments: Lynn Gelin, City Attorney, informed the Commission she rewrote the local rules based on Palm Beach County’s Rules for Commission Meetings, input from Jennifer Alvarez, Interim City Manager, and Anthea Gianniotes, Development Services Director. She explained the new rules to the Commissioners. Additionally, she mentioned the finalized rules regarding social media would be ready for approval at the Annual Organizational Meeting on March 25, 2021. 7.F.APPROVAL OF COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF DELRAY BEACH IAFF 1842. Body:Recommended Action: Recommendation:Motion to approve the Collective Bargaining Agreement between the City of Delray Beach and the Professional Firefighters of Delray Beach, IAFF Local 1842 Inc. Sponsors:Fire Rescue Department and Human Resources Department Agenda Cover Report IAFF Contract 2020-2023 Clean version Attachments: Item 7.F. - Collective Bargaining Agreement was moved to be discussed at the Special Meeting on March 4, 2021 at 2:00 p.m. 8. PUBLIC HEARINGS: 8.A.ORDINANCE NO. 53-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND Page 18City of Delray Beach Printed on 3/26/2021 March 2, 2021City Commission Minutes - Final 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. (SECOND 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", and Appendix A "Definitions", to establish regulations allowing certain signs designs to extend into the right-of-way in certain zoning districts. Sponsors:Development Services Department Attachments:Agenda Cover Report Ord 53-20 Signs Update- 2nd Reading Ord 53-20 Signs Update- HPB Staff Report Ord 53-20 Signs Update- PZB Staff Report Ord 53-20 Signs Update- DDA Reccomendation CBD and OSSHAD with CBD Map Legal Review Ord 53-20 Anthea Gianniotes, Development Services Director, presented a staff report on Ordinance No. 53-20. There was a five-minute recess from 5:34 p.m. - 5:39 p.m. to allow for public comments. When the Commission reconvened, Katerri Johnson, City Clerk, reported there were no public comments submitted. Vice Mayor Boylston made a motion to approve Ordinance No. 53-20 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 - Page 19City of Delray Beach Printed on 3/26/2021 March 2, 2021City Commission Minutes - Final 8.B.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 CODE OF ORDINANCES, 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, ROOFTOP APPURTENANCES AND ROOFTOP TERRACE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (SECOND 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 Ord 02-21 - Second Reading 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, reported there had not Page 20City of Delray Beach Printed on 3/26/2021 March 2, 2021City Commission Minutes - Final been any changes since the previous readings. She informed the Commission that all recommending boards unanimously approved the proposed ordinance. There was a five-minute recess from 5:46 p.m. - 5:51 p.m.to allow for public comments. When the Commission reconvened, Katerri Johnson, City Clerk, reported there were no public comments submitted. Commissioner Frankel made a motion to approve Ordinance No. 02-21 on Second Reading. 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. 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 4.4.13(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 4.4.13(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. (SECOND READING) Body:Recommended Action: Recommendation:Review and consider Ordinance No. 03-21 on Second 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 Page 21City of Delray Beach Printed on 3/26/2021 March 2, 2021City Commission Minutes - Final number of stories allowed from four to five within the current maximum height of 54 feet, and increase the maximum density from 30 to 70 dwelling units per acre as part of a Residential Incentive Program that requires at least 20 percent of the total units be provided as on-site workforce housing units. 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. Anthea Gianniotes, Development Services Director, stated Bonnie Miskel, Attorney with the law firm of Dunay, Miskel, and Backman, was present on behalf of the applicant. Ms. Miskel provided a comparison displaying the prior request and her client’s current proposal. Ms. Gianniotes highlighted the changes between the First and Second Reading. She reminded the Commission that Ordinance No. 03-21 is a Code Amendment. There was a five-minute recess from 6:05 p.m. - 6:11 p.m. to allow for public comments. When the Commission reconvened, Katerri Johnson, City Clerk, played the following public comment: James Quillian, residing at 925 SE 2nd Avenue, Delray Beach, called to express support for Ordinance No. 03-21 on behalf of the Osceola Communities. Vice Mayor Boylston made a motion to approve Ordinance No. 03-21 on Second Reading. It was seconded by Commissioner Frankel. The motion carried by the following vote: Page 22City of Delray Beach Printed on 3/26/2021 March 2, 2021City Commission Minutes - Final Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, and Vice-Mayor Boylston 4 - No:Commissioner Casale1 - 9. FIRST READINGS: 9.A.ORDINANCE NO. 04-21: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING THE HHH BUSH BUILDING SPECIAL ACTIVITIES DISTRICT (SAD) TO THE 1177 MODERNE SPECIAL ACTIVITIES DISTRICT (SAD) FOR THE PROPERTY AS MORE PARTICULARLY DESCRIBED HEREIN; REPEALING ORDINANCE NOS. 38-84, 39-90, AND 01-11 IN THEIR ENTIRETY; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.4, “BASE ZONING DISTRICT,” SECTION 4.4.25, “SPECIAL ACTIVITIES DISTRICT (SAD),” SUBSECTION 4.4.25(H), “S.A.D.S”, TO ADD “1177 MODERNE”; SAID LAND GENERALLY LOCATED NORTH OF GEORGE BUSH BOULEVARD BETWEEN THE INTRACOASTAL WATERWAY AND ANDREWS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE “CITY OF DELRAY BEACH, ZONING MAP, JUNE 29, 2017”; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (FIRST READING) Body:Recommended Action: Recommendation:Review and consider Ordinance No. 04-21, a privately-initiated request to rezone the HHH Building Special Activities District (SAD) to the 1177 Moderne Special Activities District (SAD), repealing the existing HHH Bush Building SAD adopted by Ordinance No. 38-84 and subsequently amended by Ordinance Nos. 39-90 and 01-11, and adopting new development standards in the subject ordinance. Sponsors:Development Services Department Agenda Cover Report 1177 Moderne SAD-Ordinance No 04-21 1177 Moderne SAD-Ordinance No 04-21: Exhibit D, Master Development Plan 1177 Moderne-PZB Staff Report 1177 Moderne SAD-Applicant Justification 1177 Moderne SAD-Legal Review Attachments: Lynn Gelin, City Attorney, read Ordinance No. 04-21 into the record. Anthea Gianniotes, Development Services Director, stated that the applicant, Christofer Bennardo, Attorney, was present. Page 23City of Delray Beach Printed on 3/26/2021 March 2, 2021City Commission Minutes - Final Mr. Bennardo presented the proposed site’s history and commented the request was consistent with the City’s Comprehensive Plan. Ms. Gianniotes highlighted the following criteria for consideration: · Whether the proposal meets the intent of the Special Activities District (SAD) · If a residential medium density (RM) zoning designation is more appropriate · If the proposed height at 39ft, with no additional upper story setbacks would adversely impact the adjacent properties. · Whether sufficient mitigation is provided to minimize impacts on adjacent properties, such as a reduced height, increased setbacks, or more landscaping. Ms. Gianniotes informed the Commission that the Planning and Zoning Board voted 7-0 in support of Ordinance No. 04-21 on January 25, 2021, with the recommendation of the maximum height reduced from 48ft to 39ft. Commissioner Casale motioned to approve Ordinance No. 04-21 on First Reading. It was seconded by Commissioner Frankel. The motion carried by the following vote: Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 9.B.ORDINANCE NO. 05-21: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES, BY AMENDING CHAPTER FOUR, “ZONING REGULATIONS”, ARTICLE 4.4, “BASE ZONING DISTRICT”, SECTION 4.4.13, “CENTRAL BUSINESS DISTRICT (CBD)”, SUBSECTION 4.4.13(I) (2)(j), “CBD PARKING STANDARDS”, “MINIMUM NUMBER OF OFF-STREET PARKING SPACES”, TO EXTEND THE EFFECTIVE DATE TO DECEMBER 31, 2024, PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) Body:Recommended Action: Recommendation:Review and consider Ordinance No. 05-21, a privately-initiated request to amend the Land Development Regulations (LDR) Section 4.4.13(I)(2), “Minimum number of off-street parking spaces,” to extend the expiration date from April 3, 2021 to December 31, 2024 for the parking exemption applicable to a change in use for existing buildings located between SE 2nd Street and SE 3rd Street within the Railroad Corridor Sub-district. Sponsors:Development Services Department Page 24City of Delray Beach Printed on 3/26/2021 March 2, 2021City Commission Minutes - Final Attachments:Agenda Cover Report Ord. No. 05-21 PZB Staff Report Ord. No. 05-21 Justification Statement Applicable Area Simple Legal Review Approval 05-21, Extending Effective Date of 4.4.13(I)(2)(j) Lynn Gelin, City Attorney, read Ordinance No. 05-21 into the record. Ms. Gelin informed the Commission that Neil Schiller, Attorney with Saul, Ewing, Arnstein & Lehr was present on behalf of the applicant Delray Swan, LLC. Mr. Schiller presented Ordinance No. 05-21 and reported the proposal received unanimous approval from the Planning & Zoning Board on January 25, 2021, and the Parking Management Advisory Board on February 23, 2021. He explained the ordinance would extend the program until December 21, 2024. Anthea Gianniotes, Development Services Director, stated for the record, that the ordinance change would only apply to existing buildings. Vice Mayor Boylston made a motion to approve Ordinance No. 05-21 on First Reading. It was seconded by Commissioner Frankel. The motion carried by the following vote: Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner Casale 5 - 9.C.ORDINANCE NO. 12-21: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, “FIRE SAFETY AND EMERGENCY SERVICES”, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 96.02, “FIRE SAFETY INSPECTIONS”, TO PROVIDE ADDITIONAL METHODS OF COLLECTING PAYMENT AND IMPOSING INTEREST FOR DELINQUENT FIRE SAFETY INSPECTION CHARGES; 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:Staff recommends approval of Ordinance No. 12-21 providing additional methods of collecting payment and imposing interest for delinquent Fire Safety Inspection charges; providing a conflict clause, a severability clause Page 25City of Delray Beach Printed on 3/26/2021 March 2, 2021City Commission Minutes - Final and authority to codify; providing an effective date and for other purposes. Sponsors:Fire Rescue Department Attachments:Agenda Cover Report Ord 12-21 Fire Safety Inspections Fire Inspection Ord Legal Review Lynn Gelin, City Attorney, read Ordinance No. 12-21 into the record. Jennifer Alvarez, Interim City Manager, explained passing this ordinance would allow the City of Delray Beach to collect unpaid fire inspection fees. Chief Tomey, explained Ordinance No. 12-21 would have the same process as emergency medical services (EMS) billing. Vice Mayor Boylston made a motion to approve Ordinance No. 12-21 on First 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 - 10.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager Jennifer Alvarez, Interim City Manager, informed the Commission that Jeffery Amrose, Actuary, requested 15-minutes to present at the beginning of the Special Meeting on March 4, 2021. There was consensus to allow Mr. Amrose to present at the beginning of the meeting. Ms. Alvarez mentioned her additional comments could be found in her memo to the Commission. B. City Attorney Lynn Gelin, City Attorney, clarified Mr. Denkler’s Board appointment to the Downtown Development Agency would be for a full three-year term. C. City Commission Commissioner Casale thanked everyone for participating in the Kids Page 26City of Delray Beach Printed on 3/26/2021 March 2, 2021City Commission Minutes - Final versus Cops basketball game. She expressed her excitement that Resolution No. 45-21 (reducing single use plastics) passed. Commissioner Casale provided updates on the South-Central Regional Water Treatment and Disposal Board and the Peace Out Program. She asked for consensus to create a resolution which would fully support a sustainability program for the dune system. There was consensus to allow Lynn Gelin, City Attorney, to prepare a resolution regarding the city’s dune system in the amount of $25,000. Deputy Vice Mayor Johnson provided an update on the League of Cities regulations on short-term rentals. Ms. Gelin informed the Commission she would prepare a resolution for the Mayor’s signature regarding vacation rentals and will send it to Tallahassee related to Senate bills 219 & 522. Mayor Petrolia requested a resolution be prepared to address fatalities for bikers and walkers. There was consensus to name Commissioner Casale as the alternative representative on the TPA (Transportation Planning Association). Vice Mayor Boylston suggested displaying slides with photos of honorees before they receive proclamations. Additionally, he provided information from the Affordable Housing Coalition Workshop. Commissioner Frankel informed his colleagues of the passing of Richard Jones. Additionally, he commented on a letter he received about Former Mayor Jeff Pearlman. Mayor Petrolia asked if underground utilities could be buried under the sand at the beach? Missie Barletto, Public Works Director, addressed the question. She informed Mayor Petrolia that those programs are privately initiated. It is up to the cable providers to decide how to install their utilities. There being no further business to discuss, the meeting was adjourned at 8:06 p.m. Page 27City of Delray Beach Printed on 3/26/2021 ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein of the March 2, 2021 is the Minutes and adopted by the City Commission on March 25, 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. City Commission Meeting held on March 2, 2021 which minutes were formally approved