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April 20 2021 Regular Commission Meeting Minutes - FINAL with signature pageTuesday, April 20, 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 Shirley Ervin Johnson Deputy Vice Mayor Adam Frankel Commissioner Juli Casale Commissioner Ryan Boylston Minutes - Final Regular Meeting at 4:00 PM April 20, 2021City Commission Minutes - Final 1. ROLL CALL The Regular 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: Present: 5 - Mayor Shelly Petrolia, Vice Mayor Shirley Ervin Johnson, Deputy Vice Mayor Adam Frankel, Commissioner Ryan Boylston, and Commissioner Juli Casale Others Present Were: Lynn Gelin, City Attorney Jennifer Alvarez, Interim City Manager Katerri Johnson, City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL A. Additions, Deletions, Substitutions Deputy Vice Mayor Frankel made a motion to reconsider Ordinance No. 09-21 The Swan, Single Family Residential and Duplex Apartments) at the Regular City Commission Meeting on May 4, 2021. It was seconded by Vice Mayor Johnson. The motion carried by the following vote: YES: 5 - Mayor Shelly Petrolia, Vice Mayor Shirley Ervin Johnson, Deputy Vice Mayor Adam Frankel, Commissioner Ryan Boylston, and Commissioner Juli Casale. Lynn Gelin, City Attorney, advised bringing both Swan items back as second readings at the May 4, 2021 Regular City Commission Meeting. There was consensus to place Ordinance No. 09-21 on the agenda as a second reading item at the Regular City Commission Meeting on May 4, 2021. Commissioner Boylston made a motion to reconsider Ordinance No. 10-21 (Single Family Residential and Duplex Apartments) as a second reading item at the May 4, 2021 Regular City Commission Meeting. It was seconded by Deputy Vice Mayor Frankel. The motion carried by the following vote: YES: 5 - Mayor Shelly Petrolia, Vice Mayor Shirley Ervin Johnson, Deputy Vice Mayor Adam Frankel, Commissioner Ryan Boylston, and Commissioner Juli Casale. Mayor Petrolia requested to pull Item No. 6.F. for discussion. Item No. 6.F. Page 1City of Delray Beach Printed on 5/19/2021 April 20, 2021City Commission Minutes - Final from the consent agenda became Item No. 7.A.A. on the regular agenda. Commissioner Boylston made a motion to approve the agenda as amended. It was seconded by Commissioner Casale. The motion carried by the following vote: YES: 5 - Mayor Shelly Petrolia, Vice Mayor Shirley Ervin Johnson, Deputy Vice Mayor Adam Frankel, Commissioner Ryan Boylston, and Commissioner Juli Casale. 4. PRESENTATIONS: 4.A.PRESENTING WILLIAM BLAKE, WATER TREATMENT PLANT OPERATOR A, WITH EMPLOYEE OF THE MONTH FOR FEBRUARY 2021 Body:Recommended Action: Recommendation:Motion to present William Blake,Water Treatment Plant Operator A, with Employee of the Month February 2021. Sponsors:Human Resources Department Agenda Cover Report William Blake nomination form Feb 2021 Attachments: LeShay Ferguson, Human Resources Generalist, recognized William Blake, Water Treatment Plant Operator, as Employee of the Month for February 2021. Juan Guevarez, Assistant Utilities Director, commended Mr. Blake for his outstanding job as a Water Treatment Plant Operator. Mr. Blake was not present to accept his award. Ms. Ferguson announced on behalf of the Mayor and Commission, that Mr. Blake would receive his award and a certificate for eight hours of paid time off. 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 Neil Schiller, Attorney with the Government Law Group, located at 200 S. Page 2City of Delray Beach Printed on 5/19/2021 April 20, 2021City Commission Minutes - Final Andrews Avenue, Fort Lauderdale, commented on behalf of his client, Studio 404 LLC. He requested a temporary use permit to allow Studio 404 to play their music on their outside patio for an additional hour Tuesday-Saturday until midnight. Michael Muha, residing at 622 SE 4th Avenue, Delray Beach, commented in favor of the improvements being implemented by the contractors in Osceola Park. Mr. Muha voiced his concern about people parking their cars in the swales for prolonged periods of time, citing problems for the residents who live in that area. He requested the Commission to address this issue. Laura Simon, Executive Director of the Downtown Development Authority (DDA), located at 350 SE 1st Street, Delray Beach, thanked the city for allowing the DDA to reschedule the “Savor the Avenue” event to April 26, 2021. She requested clarification from the Commission regarding COVID-19 policies concerning special events. Katerri Johnson, City Clerk, stated that there were no further public comments. Mayor Petrolia suggested looking into the water table regarding the swales. 6. CONSENT AGENDA: City Manager Recommends Approval 6.A. Commissioner Boylston made a motion to approve the consent agenda as amended. It was seconded by Vice Mayor Johnson. The motion carried by the following vote: YES: 5 - Mayor Shelly Petrolia, Vice Mayor Shirley Ervin Johnson, Deputy Vice Mayor Adam Frankel, Commissioner Ryan Boylston, and Commissioner Juli Casale. CITY COMMISSION MEETING MINUTES Body:Recommended Action: Recommendation:Motion to approve meeting minutes as listed below: March 25, 2021 Annual Organizational City Commission Meeting Minutes April 13, 2021 Closed Attorney Client Session Coleman Case Special Meeting Minutes April 13, 2021 Closed Attorney Client Session Stewart Case Special Page 3City of Delray Beach Printed on 5/19/2021 April 20, 2021City Commission Minutes - Final Meeting Minutes Sponsors:City Clerk Department Agenda Cover Report March 25 2021 Annual Organizational City Commission Meeting Minutes - DRAFT April 13, 2021 Closed Attorney Client Session Special Meeting Minutes Stewart - DRAFT April 13, 2021 Closed Attorney Client Session Special Meeting Minutes Coleman - DRAFT Attachments: 6.B.ACCEPTANCE OF A SIDEWALK EASEMENT (ALONG SE 2ND AVENUE) LOCATED AT THAT PORTION OF THE EAST 5.0 FEET OF LOTS 15 AND 16, BLOCK 79, SUBDIVISION OF BLOCK 79, TOWN OF LINTON (NOW DELRAY), FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 1, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND A 20 X 20 CORNER CLIP AT SE 3RD STREET AND SE 2ND AVENUE AT THAT PORTION OF LOT 15, BLOCK 79, SUBDIVISION OF BLOCK 79, TOWN OF LINTON (NOW DELRAY), FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 1, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FOR THE SUBJECT PROPERTY LOCATED AT 290 SE 2ND AVENUE. Body:Recommended Action: Recommendation:Review and consider acceptance of a sidewalk easement and corner clip agreement for 290 SE 2nd Avenue. Sponsors:Development Services Department Agenda Cover Report 290 SE 2nd Avenue ROW Deed - Corner clip - with Exhibit A 290 SE 2nd Avenue Perpetual Sidewalk Easement with Exhibit A Staff Report - SPRAB Report Simple Legal Review Approval Perpetual Sidewalk Easement 3-19-21 Simple Legal Review Approval ROW Deed 3-19-21 Attachments: 6.C.REQUEST TO APPROVE PUBLIC RECYCLING DROP-OFF LOCATION AGREEMENT Body:Recommended Action: Recommendation:Motion to Approve Public Drop-off location agreement as part of the Interlocal between the Solid Waste Authority of Palm Beach County (SWA) and the City of Delray Beach (City). Sponsors:Neighborhood & Community Services Page 4City of Delray Beach Printed on 5/19/2021 April 20, 2021City Commission Minutes - Final Agenda Cover Report SWA Legal Review Checklist - Recycling Drop-Off Program Public Drop-Off Location Agreement Attachments: 6.D.ITEM(S) A1 AND B1, B2, B3, B4, B5, AND B6 AND C1 AND D1 - ACCEPTANCE OF A PERPETUAL NON-EXCLUSIVE SIDEWALK EASEMENT DEDICATION FOR 1911 S. FEDERAL HWY., ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION FOR 400 NW 12th ST., ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION FOR 1106 SW 7TH AVE., ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION FOR 1108 SW 7TH AVE., ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION FOR 1110 SW 7TH AVE., ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION FOR 517 ELDORADO LANE, ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION FOR 131 NW 1ST AVE., APPROVAL OF CITY’S CONSENT AND JOINDER TO A UTILITY EASEMENT BETWEEN PALM BEACH COUNTY AND FP&L, AND HOLD HARMLESS FOR 705 S OCEAN BLVD Body:Recommended Action: Recommendation:Consideration of the following items: PERPETUAL NON-EXCLUSIVE SIDEWALK EASEMENT(S) Items A Item A1 - Motion to approve and accept a Perpetual Non-Exclusive Sidewalk Dedication by the owner(s) of 1911 S. Federal Hwy to the City of Delray Beach. RIGHT-OF-WAY DEED(S) Items B Item B1 - Motion to approve and accept a Right-of-Way Dedication by the owner(s) of 400 NW 12th St. to the City of Delray Beach. Item B2 - Motion to approve and accept a Right-of-Way Dedication by the owner(s) of 1106 SW 7th Ave to the City of Delray Beach. Item B3 - Motion to approve and accept a Right-of-Way Dedication by the owner(s) of 1108 SW 7th Ave. to the City of Delray Beach. Item B4 - Motion to approve and accept a Right-of-Way Dedication by the owner(s) of 1110 SW 7th Ave. to the City of Delray Beach. Page 5City of Delray Beach Printed on 5/19/2021 April 20, 2021City Commission Minutes - Final Item B5 - Motion to approve and accept a Right-of-Way Dedication by the owner(s) of 517 Eldorado Lane to the City of Delray Beach. Item B6 - Motion to approve and accept a Right-of-Way Dedication by the owner(s) of 131 NW 1st Ave. to the City of Delray Beach. APPROVAL OF CITY’S CONSENT AND JOINDER TO A UTILITY EASEMENT BETWEEN PALM BEACH COUNTY AND FPL Items C Item C1 - Motion to approve and accept the City’s Consent and Joinder to a Utility Easement between Palm Beach County and FPL for the Palm Beach County property located at 100 North Congress Ave. HOLD HARMLESS AGREEMENT Items D Item D1 - Motion to approve and accept a Hold Harmless Agreement by the owner(s) of 705 S. Ocean Blvd to the City of Delray Beach. Sponsors:Public Works Department Page 6City of Delray Beach Printed on 5/19/2021 April 20, 2021City Commission Minutes - Final Agenda Cover Report Item (A1a) Non Exc PSE -1911 S. Federal Hwy. Item (1) Legal Reviews (9 Items) Item (A1b) Exhibit A & Sketch - 1911 S. Federal Hwy. Item (B1a) ROW - 400 NW 12th St. Item (B1b) Exhibit A & Sketch - 400 NW 12th St. Item (B2a) 1106 SW 7th Ave. ROW Item (B2b) Exhibit A Sketch - 1106 SW 7th Ave. - ROW Item (B3a) 1108 SW 7th Ave. ROW (1) Item (B3b) Exhibit A Sketch - 1108 SW 7th Ave. ROW (2) Item (B4a) 1110 SW 7th Ave. ROW Item (B4b) Exhibit A Sketch - 1110 SW 7th Ave. - ROW Item (B5a) ROW - 517 Eldorado Ln. -2 owners (1) Item (B5b) ROW - Exhibit A & Sketch - 517 Eldorado Ln. Item (B6a) ROW - 131 NW 1st Ave (1) Item (B6b) ROW - Exhibit A & Sketch -131 NW 1st Ave. Item (C1) Utility E Agreement - Consent & Joinder Item (D1) Ex A to Hold Harmless work in State ROW 705 S Ocean Item (D1) Hold Harmless Agreement - Water Meter Upgrade Item (D1) Sketch - 705 S. Ocean Blvd. Attachments: 6.E.APPROVAL OF AMENDMENT 2 TO INCREASE CONTRACT VALUE FOR SEWER VAC-CON TRUCK MAINTENANCE WITH SOUTHERN SEWER EQUIPMENT SALES IN THE AMOUNT OF $66,733.18 Body:Recommended Action: Recommendation:Motion to approve Amendment 2 to increase the contract value for Vac-Con with Southern Sewer Equipment Sales in the amount of $66,733.18; and authorize the City Manager to exercise any and all renewal options, contingent upon the appropriation of funds. Sponsors:Public Works Department and Purchasing Department Agenda Cover Report SS2019-001 Legal Review Checklist Vac-Con Revised Quote SS2019-001 Amendment No. 2 Southern Sole Source Signed Attachments: 6.F.MOTION TO APPROVE AMENDMENT NO. 3 WITH BJCE, INC. FOR MANAGEMENT SERVICES FOR THE DELRAY BEACH GOLF COURSE AND LAKEVIEW GOLF CLUB FOR SIX-MONTH CONTRACT EXTENSION - $70,000 Page 7City of Delray Beach Printed on 5/19/2021 April 20, 2021City Commission Minutes - Final Body:Recommended Action: Recommendation:Motion to approve Amendment No. 3 with BJCE, Inc., for Management Services for The Delray Beach Golf Course and Lakeview Golf Club to extend the Agreement, under the same terms and conditions, for the period of May 1, 2021 through September 30, 2021. Sponsors:Parks & Recreation Department and Purchasing Department Agenda Cover ReportAttachments: 6.G. Legal Review Checklist Amd #3 to Golf Course Management Agreement with BJCE Amendment No. 3 RFP 2016-079 Mayor Petrolia reported that the BJCE Inc. investigation was released. She clarified for the record that all procedures were followed regarding the hiring of a staff member. Commissioner Boylston made a motion to approve Amendment No. 3 with BJCE, Inc. It was seconded by Deputy Vice Mayor Frankel. The motion carried by the following vote: YES: 5 - Mayor Shelly Petrolia, Vice Mayor Shirley Ervin Johnson, Deputy Vice Mayor Adam Frankel, Commissioner Ryan Boylston, and Commissioner Juli Casale PURCHASING DEPARTMENT RECEIVES AWARD FROM THE NATIONAL PROCUREMENT INSTITUTE FOR ACHIEVEMENT OF EXCELLENCE IN PROCUREMENT Body:Background: This year marks the second time in the City of Delray Beach's history that the City receives the National Procurement Institute (NPI) Award for Achievement of Excellence in Procurement. For 2020, the City’s Purchasing Department was one of only 69 cities nationwide that received the NPI Award. This prestigious award is based on a program designed to recognize organizational excellence in public procurement. It is presented annually to those agencies that have demonstrated achievement through an evaluation process against standardized best practice and criteria that measure innovation, professionalism, productivity, e-procurement, and leadership attributes of the procurement organization. The components of these criteria are reviewed, and updated, on a regular basis to ensure they reflect the current benchmarks and encourage continued improvement. The Purchasing Department is proud to accept this award on behalf of the Page 8City of Delray Beach Printed on 5/19/2021 April 20, 2021City Commission Minutes - Final City. We are honored that our hard work over the past year and our efforts of continuous improvement have been recognized. More importantly, we are committed to working towards the benchmarks represented in these awards so that we are better positioned to provide excellent service to our internal and external customers. Sponsors:Purchasing Department Agenda Cover Report Award Letter - 2020 NPI Attachments: 6.H.APPROVAL TO CLARIFY THE CITY’S INTENT AND INCREASE THE AGREEMENTS WITH MADSEN/BARR CORP. AS THE PRIMARY VENDOR AND JOHNSON-DAVIS, INC. AS THE SECONDARY VENDOR FOR THE PURCHASE OF REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORMWATER UTILITY SERVICES FOR THE PUBLIC WORKS AND UTILITIES DEPARTMENTS - $1,432,482 Body:Recommended Action: Recommendation:Motion to clarify the City’s intent and approve an increase in the total contract amount of $1,432,482 comprising: $800,000 increase for repairs of the water & wastewater system and $632,482 for utility work associated with George Bush Boulevard improvements funded by the Transportation Planning Agency (TPA) and implemented by the Florida Department of Transportation FDOT. The increase will provide for general repairs and emergency services for water distribution, wastewater collection and stormwater utility services for the Public Works and Utilities departments. Sponsors:Purchasing Department, Public Works Department and Utilities Department Agenda Cover Report George Bush Utility Adjustments Proposal 4.12.2021 R2 Resolution 132-20 Attachments: 6.I. PROCLAMATIONS: 6.I.1.PROCLAMATION TO DESIGNATE APRIL 22, 2021 AS EARTH DAY Body:Recommended Action: Recommendation:Motion to proclaim April 22, 2021 as Earth Day. Sponsors:City Manager Department Agenda Cover Report Earth Day 2021 Attachments: Page 9City of Delray Beach Printed on 5/19/2021 April 20, 2021City Commission Minutes - Final 6.I.2.ARBOR DAY PROCLAMATION Body:Recommended Action: Recommendation:Motion to proclaim April 30, 2021 as Arbor Day in the City of Delray Beach Sponsors:City Clerk Department Agenda Cover Report Arbor Day Proclamation 2021 Attachments: 6.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.J.1.REPORT OF APPEALABLE LAND USE ITEMS FROM FEBRUARY 15, THROUGH APRIL 2, 2021. Body:Recommended Action: Recommendation:By motion, receive and file this report. Sponsors:Development Services Department Agenda Cover Report Appealable Items Map A - 50 SE 4th Ave B - 2413 N Federal Highway C - 1901 Ocean Delray D - Keele Center Attachments: 6.K. AWARD OF BIDS AND CONTRACTS: 6.K.1.APPROVAL OF RESOLUTION NO. 52-21 TO AWARD AN AGREEMENT WITH FRESH START MAINTENANCE, INC. FOR LANDSCAPE MAINTENANCE - DELRAY BEACH MEMORIAL GARDENS MUNICIPAL CEMETERY FOR THE PARKS AND RECREATION DEPARTMENT PURSUANT TO ITB NO. 2021-010 - $124,800 Body:Recommended Action: Recommendation:Motion to Approve Resolution No. 52-21 to award an Agreement with Fresh Start Maintenance, Inc., for Landscape Maintenance - Delray Beach Memorial Gardens Municipal Cemetery for the Parks and Recreation Department pursuant to ITB 2021-010 in the estimated three-year amount of $124,800, and authorize the City Manager to exercise any and all renewal options, in the amounts below, contingent upon appropriation of funds. Page 10City of Delray Beach Printed on 5/19/2021 April 20, 2021City Commission Minutes - Final Sponsors:Parks & Recreation Department and Purchasing Department Agenda Cover Report Legal Review Checklist Fresh Start RESOLUTION NO. 52-21_LANDSCAPE MAINTENANCE Vendor Executed Agreement Attachments: 6.K.2.APPROVAL OF RESOLUTION NO. 62-21 TO APPROVE AN AGREEMENT WITH CROM, LLC AS A CITY STANDARD FOR MILLER PARK WATER STORAGE TANK COATING AND RESTORATION - $175,145 Body:Recommended Action: Recommendation:Motion to approve Resolution No. 62-21 to approve an agreement with CROM, LLC as a City Standard for Miller Park Water Storage Tank coating and restoration in the amount of $175,145. Sponsors:Utilities Department and Purchasing Department Agenda Cover Report Resolution 62-21 Rev. 4.9.21 CROM City Standard Agreement (003) Scope of Services Exhibit A Quotation Exhibit B Legal Review Checklist Crom LLC Attachments: 7. REGULAR AGENDA: 7.A.RESOLUTION NO. 65-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A CONDITIONAL USE PURSUANT TO THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, TO ALLOW THE OPERATION OF A MINIATURE GOLF COURSE AS A RECREATIONAL ESTABLISHMENT AT 1314 NORTH FEDERAL HIGHWAY, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL). Body:Recommended Action: Recommendation:Review and consider Resolution No. 65-21, for a Conditional Use to allow a recreational establishment as a miniature golf course at 1314 North Federal Highway. Sponsors:Development Services Department Page 11City of Delray Beach Printed on 5/19/2021 April 20, 2021City Commission Minutes - Final Agenda Cover Report Resolution No. 65-21 PopStroke - Planning and Zoning Report PopStroke - Applicant's Justification PopStroke - Applicant's Narrative PopStroke - Survey PopStroke - Site Plan PopStroke - Floor Plan PopStroke - Landscape Plan Legal Review Res 65-21 Conditional Use PopStroke Attachments: Katerri Johnson, City Clerk, swore in Anthea Gianniotes and Michael Covelli who provided testimony on this item. Mayor Petrolia read the Quasi-Judicial rules and asked her colleagues if they had any ex-parte communications, and the following was disclosed: Deputy Vice Mayor Frankel: Disclosed that he had spoken with Miranda Christenson from Channel 5. Commissioner Boylston: None Commissioner Casale: May have received documents on the City Server. Vice Mayor Johnson: May have received documents on the City Server. Mayor Petrolia: May have received documents on the City Server. Anthea Gianniotes, Development Services Director, entered File No. 2021- 088 into the record. Michael Covelli with Covelli Design Associates Inc, located at 1209 S. Swinton Avenue, Delray Beach, presented an overview of the PopStroke Conditional Use Request. Ms. Gianniotes presented a staff report. She informed the Commission that the Planning and Zoning Board gave their approval by a 5-1 vote with conditions. There was a five-minute recess from 5:00 p.m. - 5:05 p.m. to allow for public comments. When the Commission reconvened, Katerri Johnson, City Clerk, reported there were no public comments submitted. There was no cross-examination or rebuttal pertaining to the presentations. Deputy Vice Mayor Frankel made a motion to approve Resolution No. 65-21. Page 12City of Delray Beach Printed on 5/19/2021 April 20, 2021City Commission Minutes - Final 7.B. It was seconded by Commissioner Boylston. The motion carried by the following vote: YES: 5 - Mayor Shelly Petrolia, Vice Mayor Shirley Ervin Johnson, Deputy Vice Mayor Adam Frankel, Commissioner Ryan Boylston, and Commissioner Juli Casale. Commissioner Boylston made a motion to amend the previous motion and to approve Resolution No. 65-21 with the landscaping, lighting, and noise conditions requested by the Planning and Zoning Board. It was seconded by Deputy Vice Mayor Frankel. The motion carried by the following vote: YES: 5 - Mayor Shelly Petrolia, Vice Mayor Shirley Ervin Johnson, Deputy Vice Mayor Adam Frankel, Commissioner Ryan Boylston, and Commissioner Juli Casale. RESOLUTION NO. 46-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING WAIVER REQUESTS TO SECTION 4.6.7(E)(7) OF THE LAND DEVELOPMENT REGULATIONS; APPROVING THE INSTALLATION OF TWO WALL SIGNS FOR THE PROPERTY LOCATED AT 324 NE 3RD AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI JUDICIAL). Body:Recommended Action: Recommendation:Review and consider Resolution No. 46-21 Sponsors:Development Services Department Agenda Cover Report Res. No. 46-21 Sign Waiver Exhibit "A" - Survey Exhibit "B" - Sign Renderings Letter of justification Legal Review Reso 46-21 Wall Sign Waivers for 324 NE 3rd Ave Attachments: Katerri Johnson, City Clerk, swore in Anthea Gianniotes, Mark Gregory, and Matthew Scott who provided testimony on this item. Mayor Petrolia asked her colleagues if they had any ex-parte communications, and the following was disclosed: Deputy Vice Mayor Frankel: None Commissioner Boylston: None Commissioner Casale: None Vice Mayor Johnson: May have received documents on the City Server. Page 13City of Delray Beach Printed on 5/19/2021 April 20, 2021City Commission Minutes - Final 7.C. Mayor Petrolia: May have received documents on the City Server. Anthea Gianniotes, Development Services Director, entered File No. 2020-087 into the record. Mark Gregory presented a recap of the proposed waiver request. Ms. Gianniotes presented a staff report and informed the Commission about the criteria considered when voting on this project. She acknowledged the project would serve as a new multi-usage commercial building. There was a five-minute recess from 5:26 p.m. - 5:31 p.m. to allow for public comments. When the Commission reconvened, Katerri Johnson, City Clerk, reported there were no public comments submitted. There was no cross-examination or rebuttal pertaining to the presentations. The Commission engaged in a discussion about the proposed project and the city’s guidelines regarding art and signage. Commissioner Casale made a motion to deny Resolution No. 46-21. It was seconded by Commissioner Boylston. The motion carried by the following vote: YES: 4 - Mayor Shelly Petrolia, Vice Mayor Shirley Ervin Johnson, Commissioner Ryan Boylston, Commissioner Juli Casale NO: 1 - Deputy Vice Mayor Adam Frankel 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 55th and 56th Extensions of the State of Emergency for COVID -19. Sponsors:City Attorney Department Agenda Cover Report 55th Extension State of Emergency - COVID -19 56th Extension State of Emergency - COVID -19 Attachments: Commissioner Boylston made a motion to approve the ratification of the Page 14City of Delray Beach Printed on 5/19/2021 April 20, 2021City Commission Minutes - Final 7.D. 55th and 56th Extensions of the State of Emergency for COVID-19. It was seconded by Vice Mayor Johnson. The motion carried by the following vote: YES: 5 - Mayor Shelly Petrolia, Vice Mayor Shirley Ervin Johnson, Deputy Vice Mayor Adam Frankel, Commissioner Ryan Boylston, and Commissioner Juli Casale NOMINATION FOR APPOINTMENT TO THE PLANNING AND ZONING BOARD Body:Recommended Action: Recommendation:Motion to approve the nomination for an appointment for one (1) regular member to serve on the Planning and Zoning Board for a two (2) year term ending August 31, 2023. Sponsors:City Clerk Department Attachments:Agenda Cover Report Exhibit A 04092021 Planning & Zoning Board 2021 PZ Yearly Attendance 2021 Berenberg Cabana Chard Cherelus Clark Cope Cortezi Cruz Donohue Evola Gray Lieberman Morrison Nesi Sylvestre Umbdendtock Deputy Vice Mayor Frankel nominated Christina Morrison to the Planning and Zoning Board. It was seconded by Commissioner Boylston. The motion carried by the following vote: YES: 5 - Mayor Shelly Petrolia, Vice Mayor Shirley Ervin Johnson, Deputy Vice Mayor Adam Frankel, Commissioner Ryan Boylston, and Commissioner Juli Casale. Page 15City of Delray Beach Printed on 5/19/2021 April 20, 2021City Commission Minutes - Final 7.E.NOMINATION FOR AN APPOINTMENT TO THE EDUCATION BOARD Body:Recommended Action: Recommendation:Motion to approve the nomination for an appointment on the Education Board is needed for one (1) regular member to serve an unexpired term ending July 31, 2022. Sponsors:City Clerk Department Attachments: 7.F. Agenda Cover Report 04072021 Exhibit A Education Board 2021 5 Cherelus Cruz Lapierre Purdo Talley Williams, K Commissioner Casale nominated Linda Purdo to the Education Board. It was seconded by Commissioner Boylston. The motion carried by the following vote: YES: 5 - Mayor Shelly Petrolia, Vice Mayor Shirley Ervin Johnson, Deputy Vice Mayor Adam Frankel, Commissioner Ryan Boylston, and Commissioner Juli Casale. NOMINATION FOR APPOINTMENT TO THE HISTORIC PRESERVATION BOARD Body:Recommended Action: Recommendation:Motion to approve the nomination for an appointment for two (2) regular members to serve on the Historic Preservation Board for an unexpired term ending August 31, 2022. Sponsors:City Clerk Department Page 16City of Delray Beach Printed on 5/19/2021 April 20, 2021City Commission Minutes - Final Attachments:Agenda Cover Report Exhibit A 04132021 Historic Preservation Board Member List 2021 HPB QUARTERLY ATTENDANCE Berenberg Chard Cooper_1 Donohue Finn Pitts Sylvestre Talley Vasiliou_1 Willis Commissioner Boylston nominated Kristin Finn to the Historic Preservation Board. It was seconded by Deputy Vice Mayor Frankel. The motion carried by the following vote: YES: 5 - Mayor Shelly Petrolia, Vice Mayor Shirley Ervin Johnson, Deputy Vice Mayor Adam Frankel, Commissioner Ryan Boylston, and Commissioner Juli Casale. Vice Mayor Johnson nominated Claudia Willis to the Historic Preservation Board. It was seconded by Commissioner Casale. The motion carried by the following vote: YES: 5 - Mayor Shelly Petrolia, Vice Mayor Shirley Ervin Johnson, Deputy Vice Mayor Adam Frankel, Commissioner Ryan Boylston, and Commissioner Juli Casale. 8. PUBLIC HEARINGS: 8.A.COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN FY2019-2020 SUBSTANTIAL AMENDMENT 2 TO ACCEPT $521,181 IN ROUND 3 CARES ACT FUNDING FOR USE UNDER ECONOMIC DEVELOPMENT STRATEGY Body:Recommended Action: Recommendation:Motion to approve and execute the attached Substantial Amendment 2 to Annual Action Plan. Sponsors:Neighborhood & Community Services Page 17City of Delray Beach Printed on 5/19/2021 April 20, 2021City Commission Minutes - Final Agenda Cover Report Annual Action Plan Substantial Amendment 2 42021 CertNonState 2019 SA2 SF424_2_1-V2.1 FINAL 42021 SF424D-V1.1 42021 Public Notice to Amend CDB Consolidated Plan Cares FINAL SA2 Attachments: Ferline Mesidort, Neighborhood Services Administrator, provided background on the Community Development Block Grant. Ms. Mesidort explained the funding would assist businesses with job retention and rent. Mayor Petrolia and Ms. Mesidort engaged in a discussion. There was a five-minute recess from 5:44 p.m. - 5:49 p.m. to allow for public comments. When the Commission reconvened, Katerri Johnson, City Clerk, reported there were no public comments submitted. Commissioner Boylston made a motion to approve the Community Development Block Grant. It was seconded by Deputy Vice Mayor Frankel. The motion carried by the following vote: YES: 5 - Mayor Shelly Petrolia, Vice Mayor Shirley Ervin Johnson, Deputy Vice Mayor Adam Frankel, Commissioner Ryan Boylston, and Commissioner Juli Casale. 9. FIRST READINGS: 9.A.ORDINANCE NO. 13-21: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A NEW OFFICIAL ZONING MAP PURSUANT TO SECTION 4.1.2 OF THE CITY OF DELRAY BEACH LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR THE MAINTENANCE THEREOF; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (FIRST READING) Body:Recommended Action: Recommendation:Review and consider Ordinance No. 13-21 on First Reading to adopt a new Official Zoning Map of the City of Delray Beach. Sponsors:Development Services Department Page 18City of Delray Beach Printed on 5/19/2021 April 20, 2021City Commission Minutes - Final Attachments: 9.B. Agenda Cover Report Official Zoning Map: Staff Report Official Zoning Map: Ordinance No. 13-21 Official Zoning Map: 2017 and 2021 maps Official Zoning Map: Legal Review Lynn Gelin, City Attorney, read Ordinance No.13-21 into the record. Commissioner Casale made a motion to approve Ordinance No. 13-21 on First Reading. It was seconded by Commissioner Boylston. The motion carried by the following vote: YES: 5 - Mayor Shelly Petrolia, Vice Mayor Shirley Ervin Johnson, Deputy Vice Mayor Adam Frankel, Commissioner Ryan Boylston, and Commissioner Juli Casale. ORDINANCE 15 21 OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33 “POLICE AND FIRE RESCUE DEPARTMENTS”, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTIONS 33.76, “BENEFIT AMOUNTS AND ELIGIBILITY”, 33.78 “CONTRIBUTIONS”, AND 33.84, “DEFERRED RETIREMENT OPTION PLAN”; TO IMPLEMENT THE PENSION CHANGES CONTAINED IN THE 2020 2023 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY AND the Professional Fire Fighters of Delray Beach Local 1842, IAFF, Inc.; 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:Motion to approve amendments to Chapter 33 Sections 33.76 “Benefits Amounts and Eligibility” 33.78, “Contributions, and 33.84, “Deferred Retirement Option Plan” to implement the Pension changes contained in the 2020-2023 Collective Bargaining Agreement between the City and the Professional Fire Fighters of Delray Beach Local 1842, IAFF, Inc. Sponsors:Fire Rescue Department Agenda Cover Report Ord 15-21 amending Ch 33 firefighter pension (002) Simple Legal Review Approval Ord 15-21 Attachments: Lynn Gelin, City Attorney, read Ordinance No. 15-21 into the record. Page 19City of Delray Beach Printed on 5/19/2021 April 20, 2021City Commission Minutes - Final Commissioner Boylston made a motion to approve Ordinance No. 15-21 on First Reading. It was seconded by Vice Mayor Johnson. The motion carried by the following vote: YES: 5 - Mayor Shelly Petrolia, Vice Mayor Shirley Ervin Johnson, Deputy Vice Mayor Adam Frankel, Commissioner Ryan Boylston, and Commissioner Juli Casale. 10. SECOND READINGS: 10.A. ORDINANCE NO. 11 21: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, “ADMINISTRATIVE PROVISIONS”, OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES, BY AMENDING ARTICLE 2.2, “ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS”, SECTION 2.2.5, “PUBLIC ART ADVISORY BOARD”, SUBSECTION (D), “DUTIES, POWERS, AND RESPONSIBILITIES”, TO AMEND THE DUTIES OF THE BOARD TO INCLUDE REVIEW AND MAKE RECOMMENDATION REGARDING PUBLIC ART IN THE PUBLIC RIGHT OF WAY, ON CITY OWNED PROPERTY, AND ON STRUCTURES IN THE PUBLIC RIGHT OF WAY AND MAKE RECOMMENDATIONS TO THE CITY COMMISSION REGARDING PUBLIC ART INSTALLATION; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (SECOND READING) Body:Recommended Action: Recommendation:Review and consider Ordinance No. 11-21 on Second Reading, City-initiated amendments to the Land Development Regulations to amend the duties of the Board to include review and make recommendation regarding public art in the public right of way, on City-owned property, and on structures in the public right of way and make recommendations to the City Commission regarding public art installation. Sponsors:Development Services Department Agenda Cover Report Ordinance No. 11-21 Ordinance No. 11-21: PZB Staff Report Ordinance No. 11-21: Legal Review Attachments: Lynn Gelin, City Attorney, read Ordinance No. 11-21 into the record. Jason King, Legislative Affairs Manager, presented the proposed Page 20City of Delray Beach Printed on 5/19/2021 April 20, 2021City Commission Minutes - Final ordinance. Mr. King explained the ordinance would clarify the responsibilities of the Public Art Advisory Board in respect to proposing projects, reviewing, and recommending art. He informed the Commission that the Planning and Zoning Board and the Downtown Development Authority supported the proposed amendments. There was a five-minute recess from 5:58 p.m. - 6:03 p.m. to allow for public comments. When the Commission reconvened, Katerri Johnson, City Clerk, reported there were no public comments submitted. Deputy Vice Mayor Frankel made a motion to approve Ordinance No. 11-21 on Second Reading. It was seconded by Commissioner Boylston. The motion carried by the following vote: YES: 5 - Mayor Shelly Petrolia, Vice Mayor Shirley Ervin Johnson, Deputy Vice Mayor Adam Frankel, Commissioner Ryan Boylston, and Commissioner Juli Casale. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager Jennifer Alvarez, Interim City Manager, requested to discuss the city’s upcoming special events. Samuel Metott, Parks and Recreation Director, informed the Commission that his department sent a 4th of July event proposal to the City Manager’s office. Mr. Metott recommended the Commission review special events on a case-by-case basis. There was consensus for Mr. Metott to provide an update at the Regular City Commission Meeting on May 4, 2021. The Commission engaged in a discussion regarding special event policies. Laura Simon, Director of the Downtown Development Authority, asked for clarification from the Commission regarding their expectations for events. The Commission agreed that safety was their number one concern. There was a consensus to move forward with the Downtown Development Authority’s Anniversary Events. Ms. Alvarez provided the following updates: Ø May 11, 2021 Commission Workshop discussion regarding special events. Ø Goal Setting Meeting dates will be rescheduled to June 3, Page 21City of Delray Beach Printed on 5/19/2021 April 20, 2021City Commission Minutes - Final 2021 and June 4, 2021. Ø Gave an update on the Pride Intersection. Ø Thanked the IT Department for their hard work managing the Virtual Meetings. B. City Attorney Lynn Gelin, City Attorney, acknowledged Lawonda Warren, Police Legal Advisor for winning the Sidney A. Stubbs Award for Palm Beach County. There was consensus for Mayor Petrolia to attend the Opioid Litigation Meeting scheduled for April 30, 2021 on behalf of the City of Delray Beach. Ms. Gelin clarified the new Local Rules and Procedures adopted by the Commission on March 25, 2021. C. City Commission Deputy Vice Mayor Frankel expressed concern about the treatment of employees as it relates to Public Records Requests. Jennifer Alvarez, Interim City Manager, discussed addressing the issue. Vice Mayor Johnson thanked everyone for spreading the word about the additional COVID-19 vaccine events. She suggested adding awards and recognitions to the city’s website. Vice Mayor Johnson congratulated Neil Schiller on his new law practice and asked the Commission to reconsider his request to allow Studio 404 to remain open later. There was consensus to add recognitions to the city’s website and to further discuss Mr. Schiller’s request. Commissioner Casale complimented Commissioner Boylston on the Pride crosswalk. She provided an update on the “Beach Bucket Program”. Commissioner Casale proposed installing a street tree overlay in the Palm Trail District in honor of Earth Day. Additionally, she reported working with a hunger initiative program for children who live in Delray Beach. There was consensus to implement a street tree overlay in the Palm Trail District. There was consensus to research data and resources for children experiencing hunger in Delray Beach. Page 22City of Delray Beach Printed on 5/19/2021 April 20, 2021City Commission Minutes - Final Mayor Petrolia reported the passing of retired Police Chief Anthony Strianese. She informed her colleagues that the City is investigating companies who perform work outside of their permitted requirements. Mayor Petrolia mentioned researching electronic billing for the city’s water bills. She expressed concern about businesses changing their services without considering how it would impact the surrounding neighborhoods. Mayor Petrolia requested Ms. Alvarez to provide an update from the Public Relations firm hired to address the city’s water issue. Additionally, she announced another COVID-19 vaccine site opening at Pompey Park. 12. ADJOURNMENT With no further business to discuss, the Regular City Commission Meeting was adjourned at 7:01 p.m. Page 23City of Delray Beach Printed on 5/19/2021 ATTEST: 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. The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the April 20, 2021 City Commission Meeting held on April 20, 2021 which minutes were formally approved and adopted by the City Commission on May 18, 2021.