City Commission

City of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com Regular Commission Meeting Regular Meeting at 4:00 PM Tuesday, February 2, 2021 Commission Chambers Virtual Meeting City Commission Mayor Shelly Petrolia Vice Mayor Ryan Boylston Deputy Vice Mayor Shirley Ervin Johnson Commissioner Adam Frankel Commissioner Juli Casale  RULES FOR PUBLIC PARTICIPATION PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non-Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B. Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. C. All persons desiring to do a presentation on agenda or non-agenda items that are on a portable flash drive device or a CD/DVD, must provide their media to the City Clerk no later than 12:00 p.m. one day prior to the meeting where they wish to present. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the to speak, please complete the sign-in sheet if you have not already done so. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the lectern and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. City Commission Regular Commission Meeting February 2, 2021 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 4. PRESENTATIONS: 4.A. PRESENTING DITMAR INGRAM, DIGITAL/SOCIAL MEDIA COORDINATOR, WITH EMPLOYEE OF THE MONTH FOR DECEMBER 2020. Recommendation: Motion to present Ditmar Ingram, Digital/Social Media Coordinator with Employee of the Month for December 2020. Sponsors: Human Resources Department Attachments: Agenda Cover Report Ditmar Ingram Nomination Form 4.B. PRESENTATION BY MS. ERICA WHITFIELD, PALM BEACH COUNTY SCHOOL BOARD MEMBER, TO DISCUSS THE STATE OF EDUCATION IN THE FOURTH DISTRICT. Recommendation: Presentation only. Sponsors: City Clerk Department Attachments: Agenda Cover Report 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 B. From the Public 6. CONSENT AGENDA: City Manager Recommends Approval City of Delray Beach Page 3 Printed on 2/1/2021 City Commission Regular Commission Meeting February 2, 2021 6.A. CITY COMMISSION MEETING MINUTES Recommendation: Motion to approve meeting minutes as listed below: July 12, 2016, Regular Meeting Minutes October 4, 2016, Regular Meeting Minutes December 8, 2020, Regular Meeting Minutes January 5, 2021, Regular Meeting Minutes January 12, 2021 Workshop Meeting Minutes Sponsors: City Clerk Department Attachments: Agenda Cover Report July 12, 2016, Regular Meeting Minutes - DRAFT October 4, 2016, Regular Meeting Minutes - DRAFT December 8, 2020 Regular Commission Meeting Minutes - Draft January 5, 2021 Regular Meeting Minutes - DRAFT January 12, 2021 Workshop Meeting Minutes - DRAFT 6.B. APPROVAL OF AMENDMENT NO. 1 TO THE AGREEMENT WITH INCIDENT RESPONSE TECHNOLOGIES, INC. FOR RHODIUM INCIDENT MANAGEMENT SYSTEM SERVICES, UTILIZING NORTH TEXAS SHARE PROGRAM CONTRACT #NCT 2017-36 - $23,124 Recommendation: Motion to approve Amendment No. 1 to the Agreement with Incident Response Technologies, Inc. for Rhodium incident management system services utilizing North Texas SHARE Program contract #NCT 2017-36 and authorize the City Manager to approve renewal options, in the amounts below, contingent on the appropriation of funds. Sponsors: Police Department and Purchasing Department Attachments: Agenda Cover Report Legal Review Checklist_IRT Rhodium_Amend 1_lw Incident Response Agreement Delray Beach PD (3yr) 186 Motorola Radio GPS interface with North Texas Agreement Pricing_V4 City of Delray Beach Page 4 Printed on 2/1/2021 City Commission Regular Commission Meeting February 2, 2021 6.C. ITEM(S) A1, A2 AND A3- ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION FOR 218 NW 9th St.; ACCEPTANCE OF TWO RIGHT-OF-WAY DEDICATIONS FOR 200 NE 7TH AVE. Recommendation: Consideration of the following items: RIGHT-OF-WAY DEED(S) Items A Item A1 - Motion to approve and accept a Right-of-Way dedication by the owner(s) of 218 NW 9th St. to the City of Delray Beach. Item A2 - Motion to approve and accept a Right-of-Way dedication by the owners of 200 NE 7th Ave. to the City of Delray Beach. Item A3 - Motion to approve and accept a Right-of-Way dedication by the owners of 200 NE 7th Ave. to the City of Delray Beach RIGHT OF WAY DEDICATION(S) Item A1 Consider acceptance of a Right-of-Way Dedication located at 218 NW 9th St. The owner(s), Christopher J. Brown, submitted building permit #20-191250 on 8/10/20 for the subject property. The property is at the intersection of NW 9th Street and NW 3rd Avenue. In accordance with LDR 6.1.2 (C)(2) (e), there must be a 25’ radius at the intersection of two road right-of-ways. There is currently only a 20’ radius. As a result, a 25’ radius Right-of-Way dedication was requested to satisfy the requirement. There is no City cost now or in the future for these items. Item A2 Consider acceptance of a Right-of-Way Dedication located at 200 NE 7th Ave. The owner(s), JD Realty Holdings, LLC, submitted building permits #18-179506, 18-179508 and 18-179510 for the subject property. The adjacent roadway has an ultimate right-of-way width of 50 feet. In accordance with LDR 5.3.1 (D), 5’ would be required from this property. As a result, a 5’ Right-of-Way dedication was requested to satisfy the requirement. There is no City cost now or in the future for these items. Item A3 City of Delray Beach Page 5 Printed on 2/1/2021 City Commission Regular Commission Meeting February 2, 2021 Consider acceptance of a Right-of-Way Dedication located at 200 NE 7th Ave. The owner(s), JD Realty Holdings, LLC, submitted building permits #18-179506, 18-179508 and 18-179510 for the subject property. The adjacent alleyway has an ultimate right-of-way width of 20 feet. In accordance with LDR 5.3.1 (D), 2’ would be required from this property. As a result, a 2’ Right-of-Way dedication was requested to satisfy the requirement. City Attorney Review: Approved as to form and legal sufficiency. Funding Source/Financial Impact: NA Timing of Request: The timing of these requests is of high importance in order to process the project Certificates of Occupancy when completed. Sponsors: Public Works Department Attachments: Agenda Cover Report Item (1) Legal Review ROW Deed for 218 NW 9th St Item (1a) ROW - 218 NW 9th St Item (1b) Exhibit A -Sketch - 218 NW 9th St. Item (A2) ROW - 200 NE 7th Ave. Item (A3) ROW - 200 NE 7th Ave. 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 2019/20 Recommendation: Approve Amendment 1 to the Interlocal Agreement (ILA) between the City of Delray Beach (City) and the Delray Beach Community Redevelopment Agency (CRA) to fund Fiscal Year 2019/20 Capital Projects as described in Exhibit A of the attached agreement for Fiscal Year 2019/20. This amendment adjusts the ILA to reflect actual funding requirements for projects that were initiated or completed during FY19/20. Sponsors: Public Works Department - Programs & Project Management Attachments: Agenda Cover Report CRA ILA year end 2020 Legal Review Checklist Amd #1 to ILA with CRA for Contruction Professional Services Funding 6.E. PROCLAMATIONS: City of Delray Beach Page 6 Printed on 2/1/2021 City Commission Regular Commission Meeting February 2, 2021 6.E.1. OBSERVANCE OF PRESIDENTS' DAY - FEBRUARY 15, 2021 Recommendation: Motion to proclaim February 15, 2021 as President's Day in the City of Delray Beach. Sponsors: City Clerk Department Attachments: Agenda Cover Report President's Day Proclamation - 2021 6.E.2. 211 AWARENESS WEEK - FEBRUARY 17 - 21, 2021 Sponsors: City Clerk Department Attachments: Agenda Cover Report 2-1-1AwarenessWeek 2021-DelrayBeach 6.E.3. BLACK HISTORY MONTH PROCLAMATION Recommendation: Motion to approve the proclamation declaring February as Black History Month. Sponsors: City Clerk Department Attachments: Agenda Cover Report Black History Month Proclamation 2019 6.F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.F.1. None 6.G. AWARD OF BIDS AND CONTRACTS: City of Delray Beach Page 7 Printed on 2/1/2021 City Commission Regular Commission Meeting February 2, 2021 6.G.1. APPROVAL OF RESOLUTION NO. 23-21 TO AWARD AGREEMENTS WITH ABSOLUTE CIVIL ENGINEERING SOLUTIONS, LLC, C.A.P. GOVERNMENT, INC., GFA INTERNATIONAL, M.T. CAUSLEY, LLC FOR INSPECTION PLAN REVIEW AND DEVELOPMENT REVIEW SERVICES FOR THE DEVELOPMENT SERVICES DEPARTMENT (ITB 2020-029) - $250,000 Recommendation: Motion to approve Resolution No. 23-21 to award Agreements with Absolute Civil Engineering Solutions, LLC., C.A.P. Government, Inc., GFA International and M.T. Causley LLC for Inspection Plan Review and Development Services for the Development Services Department (ITB 2020-029) - $250,000 for the Agreement term and authorize the City Manager to exercise any and all renewal options in the amounts below, contingent upon appropriation of funds. Sponsors: Development Services Department and Purchasing Department Attachments: Agenda Cover Report Legal Review Checklist Absolute Civil Engineering Legal Review Checklist CAP Government Inc. Legal Review Checklist GFA International Legal Review Checklist M.T. Causley Resolution No. 23-21 Inspection Plan Review and Development Review Services - Final ITB 2020-029 Inspection Plan Review and Development Review Services - Absolute Civil Engineering Solutions ITB 2020-029 Inspection Plan Review and Development Review Services - C.A.P. Government Inc_(Rev. KWB ITB 2020-029 Inspection Plan Review and Development Review Services - GFA International Inc_(rev. KWB 1.1 ITB 2020-029 Inspection Plan Review and Development Review Services - M.T. Causley LLC (rev. KWB 1.12) v 6.G.2. APPROVAL OF RESOLUTION NO. 27-21 TO APPROVE AN AGREEMENT WITH THE TRANSIT GROUP, INC. D/B/A ECOLOGICAL ASSOCIATES, INC. FOR MARINE TURTLE CONSERVATION PROGRAM SERVICES PURSUANT TO RFP NO. 2021-003 IN THE TOTAL ESTIMATED FIVE-YEAR AMOUNT OF $479,635 Recommendation: Motion to Approve Resolution No. 27-21 to award an Agreement with The Transit Group, Inc. d/b/a Ecological Associates, Inc. (ECI) for Marine Turtle Conservation Program Services pursuant to RFP No. 2021-003, in the initial one-year amount of $95,927 budgeted in Fiscal Year 2021, and the total estimated five-year amount of $479,635. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Agreement RFP 2021-003_EAI Signed Exhibit A - 2021 Delray Beach Sea Turtle Monitoring Cost Proposal_EAI Exhibit B - EAI Fee Schedule 2020 Resolution No. 27-21 Marine Turtle - EAI Legal Review Checklist Marine Turtle (1) 2021-003_Sea_Turtle_Services_EAI_Response_11.20.2020 City of Delray Beach Page 8 Printed on 2/1/2021 City Commission Regular Commission Meeting February 2, 2021 6.G.3. APPROVAL OF RESOLUTION NO. 31-21 TO APPROVE AN AGREEMENT WITH CONSTRUCT CO, INC. FOR ATLANTIC DUNES PARK SEAWALL REPLACEMENT PURSUANT TO ITBC NO. 2021-004 (PROJECT NO. 17-096) - $747,843 Recommendation: Motion to Approve Resolution No. 31-21 to award an Agreement with Construct Co, Inc. for Atlantic Dunes Park Seawall Replacement pursuant to ITBC No. 2021-004 (Project No. 17-096) - $747,843 Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Resolution 31-21 Legal Review Checklist Atlantic Dunes Seawall Construction Co RFA - ITBC 2021-004 Atlantic Dunes Park Seawall Replacement Atlantic Dunes Seawall Agreement SIGNED Construct Co Submittal bid_ITBC_NO._2021-004_-_ATLANTIC_DUNES_PARK_SEAWALL_REPLACEMENT_Line_Item_Tab_Report 7. REGULAR AGENDA: City of Delray Beach Page 9 Printed on 2/1/2021 City Commission Regular Commission Meeting February 2, 2021 7.A. RESOLUTION NO. 37-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER REQUEST TO SECTION 4.3.4(H)(4)(f) OF THE LAND DEVELOPMENT REGULATIONS; APPROVING A PLANTER WALL FIVE-FEET SIX-INCHES IN HEIGHT TO BE ERECTED IN REQUIRED SETBACKS FOR THE PROPERTY LOCATED AT 1114 VISTA DEL MAR DRIVE NORTH, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL HEARING) RESOLUTION NO. 38-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER REQUEST TO SECTION 4.3.4(H)(4)(l) OF THE LAND DEVELOPMENT REGULATIONS; APPROVING STEPS AND A PLATFORM FOR THE PRINCIPAL BUILDING FIVE-FEET SIX-INCHES IN HEIGHT TO BE ERECTED IN REQUIRED SETBACKS FOR THE EXISTING BUILDING LOCATED AT 1114 VISTA DEL MAR DRIVE NORTH, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL HEARING) Recommendation: Review and consider Resolution No. 37-21 for a waiver to the Land Development Regulations (LDR) Section 4.3.4(H)(4)(f) to allow for the construction of a planter wall five-feet six-inches in height to be erected in the required setbacks for the property located at 1114 North Vista Del Mar Drive. Review and consider Resolution No. 38-21 for a waiver to the Land Development Regulations (LDR) Section 4.3.4(H)(4)(l) to allow for the construction of steps and a platform for the principal building five-feet six-inches in height to be erected in the required setbacks for the property located at 1114 North Vista Del Mar Drive. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution 37-21 - Planter Wall Resolution 38-21 - Steps and Platform Applicant Justification - Planter Wall Applicant Justification - Steps and Platform 1114 Vista Del Mar Dr Waiver Plan Legal Review Reso 37-21 Waiver for Planter Wall for 1114 Vista Del Mar North Legal Review Reso 38-21 Waiver for Steps and Platform for 1114 Vista Del Mar North City of Delray Beach Page 10 Printed on 2/1/2021 City Commission Regular Commission Meeting February 2, 2021 7.B. RATIFICATION OF EMERGENCY REGULATIONS RELATED TO COVID-19 ACTIVATED UNDER CHAPTER 95 OF THE DELRAY BEACH CODE OF ORDINANCES Recommendation: Motion to Ratify the 44th and 45th Extensions of the State of Emergency for COVID -19 and Resolution No. 41-21. Sponsors: City Attorney Department Attachments: Agenda Cover Report 44th extension of State of Emergency - COVID -19 45th Extension State of Emergency - COVID Res. 41-21 - COVID Adopting PBC 2021-001 - Extending Facial Coverings Directives thru Feb 19 2021 8. PUBLIC HEARINGS: 8.A. None 9. FIRST READINGS: City of Delray Beach Page 11 Printed on 2/1/2021 City Commission Regular Commission Meeting February 2, 2021 9.A. ORDINANCE NO. 02-21: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES, BY AMENDING CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.3, “DISTRICT REGULATIONS, GENERAL PROVISIONS,” SECTION 4.3.3, “SPECIAL REQUIREMENTS FOR SPECIFIC USES,” TO ADD SUBSECTION 4.3.3(RR), “ROOFTOP USE,” TO PROVIDE REGULATIONS FOR ROOFTOP USES; AMENDING SECTION 4.3.4, “BASE DISTRICT DEVELOPMENT STANDARDS,” SUBSECTION 4.3.4(J), “HEIGHT,” TO UPDATE HEIGHT EXCEPTIONS; AMENDING ARTICLE 4.6, “SUPPLEMENTAL DISTRICT REGULATIONS,” SECTION 4.6.18, “ARCHITECTURAL ELEVATIONS AND AESTHETICS,” SUBSECTION 4.6.18(B), “BUILDING AND STRUCTURE REQUIREMENTS,” TO PROVIDE REGULATIONS FOR THE SCREENING OF FLAT ROOFS AND APPURTENANCES; AMENDING APPENDIX A, “DEFINITIONS,” TO AMEND THE DEFINITION OF ARCHITECTURAL FEATURES AND PARAPET AND TO ADD A DEFINITION FOR FREE-STANDING FEATURES, HABITABLE STRUCTURE, ROOFTOP APPURTENANCES AND ROOFTOP TERRACE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) 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 Attachments: Agenda Cover Report Ordinance No. 02-21 Ordinance No. 02-21 - Planning and Zoning Report Ordinance No. 02-21 - Historic Preservation Report Ordinance No. 02-21 - SPRAB Report Legal Review Ord 02-21 Roof Top Uses and Roof Top Appurtenances 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission City of Delray Beach Page 12 Printed on 2/1/2021 City Commission Regular Commission Meeting February 2, 2021 City of Delray Beach Page 13 Printed on 2/1/2021