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May 18, 2021 Commission Meeting Minutes - FINAL with signature pageCity of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com Minutes - Final Tuesday, May 18, 2021 Regular Meeting at 4:00 PM Delray Beach City Hall 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 May 18, 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 3.A. Additions, Deletions, Substitutions Ms. Jennifer Alvarez, Interim City Manager, deferred Item No. 6.K.3. until the next Regular City Commission Meeting on June 1, 2021. Commissioner Boylston motioned to approve the agenda as amended. It was seconded by Deputy Vice Mayor Frankel. The motion carried by the following vote: YES: 5 - Mayor Petrolia, Vice Mayor Johnson, Deputy Vice Mayor Frankel, Commissioner Boylston, and Commissioner Casale Ms. Jennifer Alvarez, Interim City Manager, requested a consensus from the Commission to authorize the mayor to sign an amendment with the Town of Highland Beach, authorizing a third lieutenant to be present on each rescue as agreed upon at the April 13, 2021, Workshop Meeting. There was consensus to allow Mayor Petrolia to sign the First Interlocal Agreement (ILA) between the City of Delray Beach and the Town of Highland Beach to have three lieutenants on each rescue. Deputy Vice Mayor Frankel motioned to approve the First Amendment to the Interlocal Agreement between the City of Delray Beach and the Town of Page 1City of Delray Beach Printed on 7/7/2021 May 18, 2021City Commission Minutes - Final Highland Beach. It was seconded by Commissioner Boylston. The motion carried by the following vote: YES: 5 - Mayor Petrolia, Vice Mayor Johnson, Deputy Vice Mayor Frankel, Commissioner Boylston, and Commissioner Casale 4. PRESENTATIONS: 4.A.PRESENTING FERLINE MESIDORT, NEIGHBORHOOD SERVICES ADMINISTRATOR, WITH EMPLOYEE OF THE MONTH FOR MARCH 2021. Body:Recommended Action: Recommendation:Motion to present Ferline Mesidort , with Employee of the Month for March 2021. Sponsors:Human Resources Department Agenda Cover Report (4) Nomination Forms Attachments: LeShay King, Human Resource Generalist, recognized Ferline Mesidort, Neighborhood Services Administrator, as Employee of the Month for March 2021. Sammie Walthour, Interim Director of Neighborhood and Community Services praised Ms. Mesidort as a government professional. Ms. Mesidort accepted her award and gave thanks to her team. Ms. King announced on behalf of the Mayor and Commission that Ms. Mesidort would receive her 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 June Neal, 950 Lavers Circle, Apartment F-204, Delray Beach, requested the Commission to inform the residents about the new restrictive voting laws passed during the legislative session. Daniel Valdez, 520 NW 1st Avenue, Delray Beach, expressed his Page 2City of Delray Beach Printed on 7/7/2021 May 18, 2021City Commission Minutes - Final concerns about the recently passed voting laws. He asked the Commission to help combat Senate Bill 90 and provided suggestions of ways the city can help oppose voter suppression. Carol Abshire, 950 Lavers Circle, Delray Beach, suggested the Commission use its resources to inform the residents about the new voting rules. Charles Holbrook, 103 NE 16th Court, Delray Beach, asked the City Commission to take action regarding Senate Bill 90. Peter Camacho, 121 NE 18th Street, Delray Beach, commented that Senate Bill 90 is incredulous. Telene Thomas, 813 Normandy Q, Delray Beach, expressed her concern that Senate Bill 90 is racially biased and will suppress voter registration efforts. Katerri Johnson, City Clerk, stated that there were no further public comments. 6. CONSENT AGENDA: City Manager Recommends Approval 6.A.CITY COMMISSION MEETING MINUTES Body:Recommended Action: Recommendation:Motion to approve meeting minutes as listed below: April 20, 2021 Regular Commission Meeting Minutes Sponsors:City Clerk Department Agenda Cover Report April 20 2021 Regular Commission Meeting Minutes - DRAFT Attachments: 6.B. Commissioner Boylston made a motion to approve the Consent Agenda as amended. It was seconded by Deputy Vice Mayor Frankel. The motion carried by the following vote: YES: 5 - Mayor Petrolia, Vice Mayor Johnson, Deputy Vice Mayor Frankel, Commissioner Boylston, and Commissioner Juli Casale GRANT APPLICATION / DEPARTMENT OF JUSTICE BULLETPROOF VEST PARTNERSHIP Page 3City of Delray Beach Printed on 7/7/2021 May 18, 2021City Commission Minutes - Final Body:Recommended Action: Recommendation:Motion to approve application to the Department of Justice's Bulletproof Vest Partnership program. If approved, this initiative would provide for the 50% of the cost of the bulletproof vests purchased for our Police Officers, up to the cap for our agency of $32,614. Sponsors:Police Department Agenda Cover Report BVP Application FY 2020-2021 5-4-2021 Attachments: 6.C.RENEWAL OF THE SIDEWALK CAFÉ LEASE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION. Body:Recommended Action: Recommendation:Consideration of the following items: SIDEWALK CAFÉ LEASE RENEWAL Motion to approve the Lease Renewal between the State of Florida Department of Transportation and the City of Delray Beach for Sidewalk Cafés. Sponsors:Public Works Department Agenda Cover Report Legal Review Checklist FDOT Lease Atlantic and Ocean Sidewalk Cafe and Valet Lease Renewal 5.5.2021 Attachments: 6.D.APPROVE AMENDMENT 1 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION / PROFESSIONAL SERVICES FOR FISCAL YEAR 2020/21 Body:Recommended Action: Recommendation:Approve Amendment 1 of the Interlocal Agreement (ILA) between the City of Delray Beach (City) and the Delray Beach Community Redevelopment Agency (CRA) to fund Fiscal Year 2020/21 Capital Projects as described in Exhibit A of the attached agreement for Fiscal Year 2020/21. Sponsors:Public Works Department Agenda Cover Report FIRST AMENDMENT TO CRACITY INTERLOCAL AGREEMENT Legal Review Checklist Amd #1 to ILA with CRA for Contruction Professional Services Funding 2020-2021 Attachments: Page 4City of Delray Beach Printed on 7/7/2021 May 18, 2021City Commission Minutes - Final 6.E.APPROVAL TO INCREASE THE CONTRACT VALUE IN THE AMOUNT OF $99,732 WITH J&J, INC D/B/A/ EAGLE PAINTING FOR THE PAINTING AND WATERPROOFING OF THE OLD SCHOOL SQUARE PARKING GARAGE BUILDING, UTILIZING THE CITY OF FORT LAUDERDALE COOPERATIVE AGREEMENT CONTRACT NO.12194-593 Body:Recommended Action: Recommendation:Motion to approve increase in the amount of $99,7312 to the contract value, to J&J Incorporated D/B/A Eagle Painting (Eagle Painting) for the painting and waterproofing of the Old School Square Parking Garage Building. Sponsors:Public Works Department and Purchasing Department Agenda Cover Report Eagle Painting Agreement (1) Proposal_OLD SCHOOL SQUARE PARKING GARAGE (Commercial) REV Attachments: 6.F.APPROVE A GRANT AGREEMENT WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR PROVIDING SUPPLEMENTARY FUNDING FOR THE CONSTRUCTION OF A RECLAIMED WATER TRANSMISSION MAIN ALONG NW/SW 1ST AVE., FROM NW 2ND ST. TO SW 4TH ST., WITH DISTRIBUTION MAINS ALONG NW 2nd AVE. AND SW 2nd ST. Body:Recommended Action: Recommendation:Staff is requesting City Commission to approve and execute grant agreement No. 4600004358 with the South Florida Water Management District (SFWMD) for providing supplementary funding for construction of a reclaimed water transmission main for the Area 10, Phase 2 project located along NW/SW 1st Ave., from NW 2nd Street to SW 4th Street, with distribution mains along NW 2nd Ave. and SW 2nd Street mains, as part of their Cooperative Funding Program for Alternative Water Supply (AWS). Sponsors:Utilities Department Agenda Cover Report Legal Review Approval Water Supply Funding Grant Agreement.pdf SFWMD_Agreement#4600004358 - City of Delray Beach_.pdf Attachments: 6.G.APPROVE A NO COST TIME EXTENSION AMENDMENT TO THE GRANT AGREEMENT WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR PROVIDING SUPPLEMENTARY FUNDING FOR THE CONSTRUCTION OF RECLAIMED WATER MAINS WITHIN THE SW NEIGHBORHOOD IMPROVEMENTS PROJECT, Page 5City of Delray Beach Printed on 7/7/2021 May 18, 2021City Commission Minutes - Final ALONG SW 4TH ST, INCLUDING SW 6TH ST, SW 7TH AVE, AND SW 3RD COURT AND NE 2ND STREET FROM NE 4TH AVE TO NW 2ND AVE, AS PART OF THEIR COOPERATIVE FUNDING PROGRAM FOR ALTERNATIVE WATER SUPPLY. Body:Recommended Action: Recommendation:Motion to approve and execute amended Grant Agreement No. 4600004144-A01 with the South Florida Water Management District (SFWMD) for providing supplementary funding for construction of reclaimed water mains within the SW neighborhood improvements project, along SW 4th Street, including SW 6th Street, SW 7th Avenue and SW 3rd Court (considered Reclaimed Area 14), as well as NE 2nd Street from NE 4th Avenue to NW 2nd Avenue (considered Phase 1 of Reclaimed Area 10), as part of their Cooperative Funding Program for Alternative Water Supply (AWS). Sponsors:Utilities Department Agenda Cover Report 4600004144-A01 - City of Delray Beach - Reclaimed Water Main Construction along S.W. 4th Street Final.pdf Simple Legal Review Approval South Florida Water Management District Grant Extension.pdf Attachments: 6.H.APPROVE THE RESTRICTIVE COVENANT MASTER AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND CENTERPOINTE DELRAY HOLDINGS LLLP, PURSUANT TO THE REQUIREMENTS UNDER SECTION 4.7 OF THE LAND DEVELOPMENT REGULATIONS Body:Recommended Action: Recommendation:Motion to Approve the Restrictive Covenant Master Agreement between the City of Delray Beach and Centerpointe Delray Holdings LLLP, pursuant to the requirements under Section 4.7 of the Land Development Regulations. Sponsors:City Attorney Department Agenda Cover Report Partially Executed Rest. Covenant Office Depot Exhibit A to Office Depot Rest Covenant - Legal Description Exhibit B Ord No. 30-18 Exhibit C Declaration for each Site Plan Ex. D to WFH Covenant WORKFORCE HOUSING AFFIDAVIT - Exhibit E to Agreement Attachments: 6.I. PROCLAMATIONS: Page 6City of Delray Beach Printed on 7/7/2021 May 18, 2021City Commission Minutes - Final 6.I.1.PROCLAMATION TO DESIGNATE THE WEEK OF MAY 16-22 AS WATER REUSE WEEK Body:Recommended Action: Recommendation:Motion to designate the week of May 16-22, 2021 as Water Reuse Week. Sponsors:Utilities Department Agenda Cover Report Water Reuse Week Attachments: 6.I.2.NATIONAL SAFE BOATING WEEK PROCLAMATION Body:Recommended Action: Recommendation:Motion to proclaim the week of May 22 - 28, 2021 as National Safe Boating Week. Sponsors:City Clerk Department Agenda Cover Report National Safe Boating Week Proclamation Attachments: 6.I.3.OBSERVANCE OF MEMORIAL DAY Body:Recommended Action: Recommendation:Motion to Observe Memorial Day on May 31, 2021 in the City of Delray Beach. Sponsors:City Clerk Department Agenda Cover Report Memorial Day Observance Attachments: 6.I.4.NATIONAL FOSTER CARE MONTH PROCLAMATION - MAY 2021 Body:Recommended Action: Recommendation:Motion to proclaim May 2021 as National Foster Care Month. Sponsors:City Clerk Department Agenda Cover Report Foster Care Month Attachments: 6.I.5.WE ♥ SMALL BIZ MONTH PROCLAMATION - MAY 2021 Body:Recommended Action: Recommendation:Motion to proclaim May 2021 as We ♥ Small Biz Month. Sponsors:City Clerk Department Page 7City of Delray Beach Printed on 7/7/2021 May 18, 2021City Commission Minutes - Final Agenda Cover Report WE ♥ SMALL BIZ MONTH PROCLAMATION - MAY 2021 Attachments: 6.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.J.1. None 6.K. AWARD OF BIDS AND CONTRACTS: 6.K.1.APPROVAL OF RESOLUTION NO. 66-21 TO AUTHORIZE A BID WAIVER TO AWARD AN AGREEMENT WITH AZTECA SYSTEMS, LLC IN THE AMOUNT OF $419,490 FOR FIVE YEARS OF SERVER AMS PREMIUM ENTERPRISE LICENSE AND MAINTENANCE FOR THE CITY-WIDE WORK ORDER SYSTEM (CITYWORKS) Body:Recommended Action: Recommendation:Motion to approve Resolution No. 66-21 to authorize a Bid Waiver to award a five (5) year Agreement with Azteca Systems, LLC in the amount of $419,490, contingent upon appropriation of funds, for Server AMS Premium Enterprise License and Maintenance for the City-wide work order system, Cityworks. Sponsors:IT Department and Purchasing Department Agenda Cover Report Legal Review Checklist Cityworks Res 66-21 Azteca Systems LLC CityWorks IT Purchasing_Cityworks - Bid Waiver Acquisition signed Delray Beach FL - Cityworks License Agreement_03_26_2021_signed Attachments: 6.K.2.APPROVAL OF RESOLUTION NO. 82-21 TO APPROVE AN AGREEMENT WITH CARTAYA AND ASSOCIATES ARCHITECTS, P.A., FOR DESIGN SERVICES FOR POMPEY PARK COMMUNITY CENTER AND CAMPUS PURSUANT TO RFQ NO. 2019-050 (PROJECT NO. 16-102) - $2,077,712 Body:Recommended Action: Recommendation:Motion to Approve Resolution No. 82-21 to award an Agreement with Cartaya and Associates Architects, P.A., for Design Services for Pompey Park Community Center and Campus Design pursuant to RFQ No. 2019-050 (Project No. 16-102), in an amount not to exceed $2,077,712. Sponsors:Public Works Department and Purchasing Department Page 8City of Delray Beach Printed on 7/7/2021 May 18, 2021City Commission Minutes - Final Agenda Cover Report 2021-04-21 Revised Pompey Park A-E Fee Proposal and Exhibits Legal Review Checklist Cartaya Resolution No. 82-21 Pompey Park Cartaya Signed Agreement - Pompey Park Design - Cartaya Cartaya- RFQ 2019-050 2019-050 Scoring Summary after Technical Evals_final 12.9 Attachments: 6.K.3.APPROVAL OF RESOLUTION NO. 86-21 TO AWARD AN AGREEMENT WITH THE SHYFT GROUP UPFIT SERVICES, INC. DBA STROBES-R-US FOR SUPPLYING AND INSTALLING AND/OR REPLACING EMERGENCY EQUIPMENT FOR PUBLIC SAFETY VEHICLES PURSUANT TO BROWARD SHERIFF’S OFFICE RFP 18006AG - $430,000 Body:Recommended Action: Recommendation:Motion to approve Resolution No. 86-21 to approve an agreement with The Shyft Group Upfit Services, Inc. dba Strobes-R-Us for supplying and installing and/or repairing and/or replacing emergency equipment for public safety vehicles in the total estimated amount of $430,000; and authorize the City Manager to approve renewal options, in the amounts below, contingent upon appropriation of funds. Sponsors:Public Works Department and Purchasing Department Agenda Cover Report Legal Review Checklist Strobes Resolution 86-21 Strobes Amendment 2 Renewal Shyft Group Upfit Agreement Attachments: 6.K.4.APPROVAL OF RESOLUTION NO. 84-21 TO AWARD AN AGREEMENT TO DONERITE PUMPS, INC. FOR ELECTRIC MOTOR PUMP REPAIRS PURSUANT TO INVITATION TO BID 2021-020 - $1,025,400 Body:Recommended Action: Recommendation:Motion to Approve Resolution No. 84-21 to award an Agreement with DoneRite Pumps, Inc. for electric motor pump repairs pursuant to ITB No. 2021-020 in the total estimated three-year amount of $1,025,400; and authorize the City Manager to approve renewal options, in the amounts below, contingent upon appropriations of funds. Sponsors:Utilities Department and Purchasing Department Page 9City of Delray Beach Printed on 7/7/2021 May 18, 2021City Commission Minutes - Final Agenda Cover Report Legal Review Checklist DoneRite Pumps Resolution 84-21 Draft Agreement ITB 2021-020 Electric Motor Pumps kwb rev Attachments: 6.K.5.APPROVAL OF RESOLUTION NO. 85-21 TO AWARD AN AGREEMENT WITH MATHESON TRI-GAS, INC. FOR CARBON DIOXIDE, LIQUID BULK DELIVERY PURSUANT TO ITB 2021-024 - $465,000 Body:Recommended Action: Recommendation:Motion to approve Resolution No. 85-21 to approve an agreement with Matheson Tri-Gas, Inc. for carbon dioxide, liquid bulk delivery in the total estimated amount of $465,000; and authorize the City Manager to approve renewal options, in the amounts below, contingent upon appropriation of funds. Sponsors:Utilities Department and Purchasing Department Agenda Cover Report Res 85-21 Matheson Tri-Gas Inc Agreement ITB 2021-024 Carbon Dioxide Matheson Tri-Gas Inc_ Legal Review Matheson Tri-Gas Inc ITB 2021-024 Attachments: 6.K.6.APPROVAL OF RESOLUTION NO. 90-21 TO APPROVE AN AGREEMENT WITH CAROLLO ENGINEERS, INC. FOR SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SERVICES PURSUANT TO RFQ NO. 2020-015 - $145,380 Body:Recommended Action: Recommendation:Motion to Approve Resolution No. 90-21 to award an Agreement with Carollo Engineers, Inc. pursuant to RFQ No. 2020-015 - $145,380. Sponsors:Utilities Department and Purchasing Department Agenda Cover Report Agreement with Carollo Engineers for SCADA services Exhibit A Scope of Work Exhibit B Fee Schedule Resolution 90-21 Carollo Engineers Inc. for supervisory control and data acquisition services Legal Review Checklist Agreement with Carollo Engineers for SCADA services Attachments: 7. REGULAR AGENDA: 7.A.RESOLUTION NO. 74-21: A RESOLUTION OF THE CITY COMMISSION Page 10City of Delray Beach Printed on 7/7/2021 May 18, 2021City Commission Minutes - Final OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER REQUEST TO SECTION 4.4.13 (D)(2)(a)(1) AND TABLE 4.4.13(C) OF THE LAND DEVELOPMENT REGULATIONS, APPROVING A FRONT SETBACK OF SIX FEET SIX INCHES ON THE FIRST STORY AND NO SETBACK ON THE SECOND STORY AT THE SOUTHWEST CORNER OF THE PROPERTY LOCATED AT 95 SW 5TH AVENUE, 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. 74-21. Sponsors:Development Services Department Agenda Cover ReportAttachments: Res. No. 74-21-Setback Waiver 95 SW 5th Ave Res. No. 74-21 - Exhibit A 95 SW 5th Avenue - Waiver Justification Statement 95 SW 5th Avenue - Location Map 95 SW 5th Avenue - SPRAB Waiver Staff Report 95 SW 5th Avenue - Architectural Plans (REFERENCE) 95 SW 5th Avenue - Landscape Plans (REFERENCE) 95 SW 5th Avenue - Civil Plan (REFERENCE) 95 SW 5th Avenue - PBC Traffic Concurrency Review Letter 95 SW 5th Avenue - Traffic Statement 95 SW 5th Avenue - Legal Review Form Mayor Petrolia read the Quasi-Judicial rules into the record. She asked her colleagues if they had any ex-parte communications, and the following was disclosed: Vice Mayor Johnson: disclosed as a Board Member of the Community Redevelopment Agency, they had spoken amongst themselves, but not with Ms. Renee Jadusingh, Executive Director. Deputy Vice Mayor Frankel: disclosed that as a Board Member of the Community Redevelopment Agency, they had conversations amongst themselves but not with not with Ms. Renee Jadusingh, Executive Director. Commissioner Casale: disclosed as a Board Member of the Community Redevelopment Agency, they had spoken amongst themselves, but not with Ms. Renee Jadusingh, Executive Director. Page 11City of Delray Beach Printed on 7/7/2021 May 18, 2021City Commission Minutes - Final 7.B. Commissioner Boylston: disclosed as a Board Member of the Community Redevelopment Agency, they had spoken amongst themselves, but not with Ms. Renee Jadusingh, Executive Director. Mayor Petrolia: disclosed as a Board Member of the Community Redevelopment Agency, they had spoken amongst themselves, but not with Ms. Renee Jadusingh, Executive Director. Katerri Johnson, City Clerk, swore in Ms. Anthea Gianniotes and Ms. Tara Toto, who provided testimony on this item. Ms. Anthea Gianniotes, Development Services Director, read File No. 2020-133 into the record. Ms. Tara Toto, Redevelopment Manager of the Community Redevelopment Agency (CRA), presented the proposed waiver request regarding the property located at 95 SW 5th Avenue. Ms. Toto stressed that the architectural design is compatible with the surrounding area and that the project meets the necessary requirements. Ms. Gianniotes provided a staff report detailing the applicant’s request. She informed the Commission that the request is strictly for a setback release. Ms. Gianniotes notified the Commission that the Site Plan Review and Appearance Board (SPRAB) voted 6-0 in support of the proposed project on April 28, 2021. There was a five-minute recess from 4:34 p.m. - 4:39 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. Commissioner Casale made a motion to approve Resolution No. 74-21. It was seconded by Commissioner Boylston. The motion carried by the following vote: YES: 5 - Mayor Petrolia, Vice Mayor Johnson, Deputy Vice Mayor Frankel, Commissioner Boylston, and Commissioner Casale RESOLUTION NO. 76-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER Page 12City of Delray Beach Printed on 7/7/2021 May 18, 2021City Commission Minutes - Final REQUEST TO SECTION 6.3.3(F)(8) OF THE LAND DEVELOPMENT REGULATIONS; APPROVING THE OPERATION OF A SIDEWALK CAFÉ WITHOUT A BARRIER SEPARATION FROM THE PEDESTRIAN PATHWAY ALONG SOUTHEAST 3RD AVENUE FOR THE DELRAY BEACH MARKET LOCATED AT 33 SE 3RD AVENUE, 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. 76-21. Sponsors:Development Services Department Agenda Cover Report Resolution No. 76-21 - Sidewalk Cafe Waiver Delray Beach Market Resolution No. 76-21 - Exhibit "A" Resolution 76-21 - Exhibit "B" Justification Statement - Reso 76-21 Legal Review Res 76-21 Waiver Sidewalk Cafe Barriers for 33 SE 3rd Ave - Rosebud 3rd Ave Attachments: Katerri Johnson, City Clerk, swore in Ms. Anthea Gianniotes and Ms. Jarjura, who provided testimony on this item. Mayor Petrolia asked her colleagues if they had any ex-parte communications, and the following was disclosed: Vice Mayor Johnson: None Deputy Vice Mayor Frankel: Had conversations with the applicant, Ms. Jarjura and Ms. Gelin. Commissioner Boylston: Spoke with Ms. Jarjura. Commissioner Casale: None Mayor Petrolia: None Ms. Anthea Gianniotes, Development Services Director, read File No.2020-130 into the record. Ms. Jarjura, President of the Menin Development Group, requested a waiver to allow sidewalk cafes at the Delray Market. She explained the applicant’s request to add tables outside is to make up for the loss of inside seating spaces due to COVID-19 and social distancing. Ms. Jarjura informed the Commission that the Development Services Management Group (DSMG) voted unanimously in support of the project on May 13, 2021. Ms. Gianniotes discussed the issue of a Sidewalk Cafe without a barrier Page 13City of Delray Beach Printed on 7/7/2021 May 18, 2021City Commission Minutes - Final 7.C. separation from the pedestrian pathway. She informed the Commission this request was the first to come forward under the new regulations. She stated that each new request would need to be evaluated on a case-by-case basis. There was a five-minute recess from 4:51 p.m. - 4:59 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. 76-21. It was seconded by Commissioner Boylston. The motion carried by the following vote: YES: 4 - Mayor Petrolia, Deputy Vice Mayor Frankel, Commissioner Boylston, and Commissioner Casale NO: 1 - Vice Mayor Johnson APPROVED 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 59th and 60th Extensions of the State of Emergency for COVID -19 and Resolution No. 91-21. Sponsors:City Attorney Department Attachments:Agenda Cover Report 59th Extension State of Emergency - COVID -19 60th extension of state of emergency 5-5-2021 COVID Reso 91-21 repealing all inconsistent resolutions (re masks) (002) Commissioner Boylston made a motion to ratify the 59th and 60th Extensions of the State of Emergency for COVID-19 and to approve Resolution No. 91-21. It was seconded by Commissioner Casale. The motion carried by the following vote: YES: 5 - Mayor Petrolia, Vice Mayor Johnson, Deputy Vice Mayor Frankel, Commissioner Boylston, and Commissioner Casale APPROVED Page 14City of Delray Beach Printed on 7/7/2021 May 18, 2021City Commission Minutes - Final 7.D.NOMINATION FOR APPOINTMENT TO THE HISTORIC PRESERVATION BOARD Body:Recommended Action: Recommendation:Motion to approve the nomination for an appointment for one (1) regular member to serve on the Historic Preservation Board for a term ending August 31, 2023. Sponsors:City Clerk Department Attachments: 7.E. Agenda Cover Report Historic Preservation Board 2021 2 Exhibit A 05112021 2021 HPB QUARTERLY ATTENDANCE Berenberg Brown Chard Cooper_1 Donohue Pitts Sexton Sylvestre Talley Vasiliou_1 Wood Mayor Petrolia nominated Rhonda Sexton to the Historic Preservation Board. It was seconded by Commissioner Boylston. The motion carried by the following vote: YES: 5 - Mayor Petrolia, Vice Mayor Johnson, Deputy Vice Mayor Frankel, Commissioner Boylston, and Commissioner Casale APPROVED DISCUSSION AND DIRECTION ON TURTLE-FRIENDLY LIGHTING ON A1A AND REPLACEMENT OF SODIUM HALOGEN STREETLIGHTS WITH LED STREET LIGHTS CITYWIDE. Body:Recommended Action: Recommendation:Provide direction on purchase of turtle-friendly street lighting on A-1-A and on the City's opportunity to install LED lighting Citywide. Sponsors:Public Works Department Page 15City of Delray Beach Printed on 7/7/2021 May 18, 2021City Commission Minutes - Final Agenda Cover Report Citywide 1 of 2 Generator Citywide 2 of 2 Generator Citywide map by wattage Attachments: Missie Barletto, Public Works Director, provided the background of the lighting system along A1A. She explained that Florida Power and Light (FPL) offered to replace the current lights along A1A with amber-colored lights that are sea-turtle friendly and would cost the city $7,300. She informed the Commission that FPL also offered to convert the city’s sodium halogen lights to LED lights at no upfront cost to the city. She added that FPL would replace and maintain the lights. Ms. Barletto expressed that replacing the lighting would reduce the city’s carbon footprint and save city dollars. Mr. Diego Febres, a representative from FPL, informed the Commission that the project would be completed six months from a fully executed contract. There was consensus to allow FPL to install amber lights along A1A and covert the halogen lights to LED lights. 7.F.DISCUSSION REGARDING THE COMMUNITY REDEVELOPMENT AGENCY Body:Recommended Action: Recommendation:Discussion regarding the Community Redevelopment Agency. Sponsors:City Attorney Department Agenda Cover Report CRA MEMO-3-26-2021 Attachments: Lynn Gelin, City Attorney, reminded the Commission that in 2018, they voted to have the Community Redevelopment Agency (CRA) Board composed of five elected Commissioners and two resident appointed seats. She informed the Commission that based on the published report by the Attorney General in 2019, the CRA Board cannot return to an independent board consisting only of residents. The Commission may either keep the board as a seven-member hybrid or reduce it to solely the five Commissioners. The Commission engaged in a discussion regarding the pros and cons of each option. They deliberated whether they would have voted the same way in 2018 had they received the correct information. Page 16City of Delray Beach Printed on 7/7/2021 May 18, 2021City Commission Minutes - Final Ms. Gelin identified two options for including resident input in the CRA Board process should the Commission choose to become a five-person board: 1. Recruit applicants to serve on the Northwest/Southwest Community Advisory Board. 2. Establish a CRA Advisory Committee. Ms. Gelin stated that she would prepare a Resolution as a Public Hearing item for the next Regular City Commission Meeting on June 1, 2021. 8. PUBLIC HEARINGS/SECOND READINGS: 8.A.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. (SECOND 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 Firefighters Actuarial Impact Statement 4-29-2021 - union contract Attachments: Lynn Gelin, City Attorney, read Ordinance No. 15-21 into the record. Keith Tomey, Fire Chief, stated he was present for questions. Page 17City of Delray Beach Printed on 7/7/2021 May 18, 2021City Commission Minutes - Final There was a five-minute recess from 5:53 p.m. - 5:58 p.m. to allow for public comments. When the Commission reconvened, Katerri Johnson, City Clerk stated that no public comments were submitted. Commissioner Boylston made a motion to approve Ordinance No. 15-21. It was seconded by Deputy Vice Mayor Frankel. The motion carried by the following vote: YES: 5 - Mayor Petrolia, Vice Mayor Johnson, Deputy Vice Mayor Frankel, Commissioner Boylston, and Commissioner Casale APPROVED 9.FIRST READINGS: 9.A. None 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A.City Manager Ms. Jennifer Alvarez, Interim City Manager, introduced Ms. Sara Maxfield as the city’s new Economic Development Director. Ms. Alvarez provided Ms. Maxfield’s credentials. B.City Attorney Lynn Gelin, City Attorney, reminded the Commission that she requested an Executive Session Meeting on June 1, 2021, at 3:00 p.m. She confirmed that the Workshop regarding the possible expansion of the Entertainment District and Noise Ordinance would be held on August 24, 2021. C. City Commission Commissioner Boylston supported the city’s continued recognition for We Love Small Business Month and National Foster Care Month. He also recognized that it was Haitian Heritage Flag Day. He suggested making Juneteenth a City Holiday. Commissioner Boylston requested a discussion on Senate Bill 90. Mayor Petrolia gave her full support to get the word out on Senate Bill 90 as it gets closer to voting. Commissioner Casale reported there was no update on the Beach Bucket Plan or the Coastal Habitat Conservation Plan. She stated that Page 18City of Delray Beach Printed on 7/7/2021 May 18, 2021City Commission Minutes - Final she reached out to the Architect Firm for the Pompey Park Pool to see if lengthening the pool would be possible so that the Delray Beach City Stingers Swim Team would not have the burden of traveling to Boca Raton for swim practice. Deputy Vice Mayor Frankel complimented the Police and Fire Department for their excellent work during the four-day Margaritaville Event at Old School Square. He suggested discussing staffing requirements with City’s Department Heads at the Goal Setting Meeting. Deputy Vice Mayor Frankel also expressed his concern about the time constraint allotted to find a City Manager and the lack of information regarding the applicants. Vice Mayor Johnson announced the passing of Librarian Henrietta Mays Smith. Vice Mayor Johnson proposed to schedule a Joint Workshop between the Commission and the Community Redevelopment Agency on June 10, 2021. There was consensus to schedule a Joint Workshop with the Commission and CRA on June 10, 2021, at 3:00 p.m. at the Arts Garage, Delray Beach. She also requested a consensus to stay overnight when she attends the upcoming Florida League of Cities Conference in Orlando scheduled on June 11, 2021. Jennifer Alvarez, Interim City Manager, believed there was money in the travel budget to accommodate Vice Mayor Johnson’s request to stay overnight at the League of Cities conference. The Commission engaged in a discussion regarding the qualifications and qualities they are looking for in a new City Manager. Mayor Petrolia mentioned a property on Palm Trail being dedicated to the city for public use. She reported receiving numerous complaints about the seaweed, palm fronds and the traffic on the Intercoastal Waterways. Mayor Petrolia commended the Police and Fire Department for their excellent work during Margaritaville. 11. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 6:52 p.m. Page 19City of Delray Beach Printed on 7/7/2021 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 May 18, 2021, City Commission Meeting held on May 18, 2021 which minutes were formally approved and adopted by the City Commission on July 6, 2021.