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, July 13, 2021 Commission Chambers Delray Beach City Hall City Commission Mayor Shelly Petrolia Vice Mayor Shirley Ervin Johnson Deputy Vice Mayor Adam Frankel Commissioner Juli Casale Commissioner Ryan Boylston  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 July 13, 2021 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL A. Additions, Deletions, Substitutions 4. PRESENTATIONS: 4.A. FY 2020 COMPREHENSIVE ANNUAL FINANCIAL REPORT - CALER, DONTEN, LEVINE, PORTER & VEIL, P.A Sponsors: Finance Department Attachments: Agenda Cover Report City of Delray Beach 2020 CAFR Delray Beach 2020 Financial Highlights 4.B. GREEN IMPLEMENTATION ADVANCEMENT BOARD 2020 ANNUAL REPORT Recommendation: Motion to Accept Report. Sponsors: City Manager Department Attachments: Agenda Cover Report 2021 Green Board Annual Report 062821 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 7/12/2021 City Commission Regular Commission Meeting July 13, 2021 6.A. CITY COMMISSION MEETING MINUTES Recommendation: Motion to approve meeting minutes as listed below: June 1, Regular City Commission Meeting Minutes June 8, Special City Commission Meeting Minutes June 8, Regular City Commission Meeting Minutes June 10, Special City Commission Meeting Minutes Sponsors: City Clerk Department Attachments: Agenda Cover Report June 1 2021 Commission Meeting Minutes - DRAFT June 8 2021 Special Commission Meeting Minutes - DRAFT June 8 2021 Regular Commission Meeting Minutes - DRAFT June 10, 2021 Special Commission Meeting Minutes - DRAFT 6.B. INTER LOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, GREATER DELRAY CHAMBER OF COMMERCE, DOWNTOWN DEVELOPMENT AUTHORITY - TOURISM MARKETING Recommendation: Motion to approve agreement. Sponsors: Economic Development Department Attachments: Agenda Cover Report Simple Legal Review Approval City Tourism Agreement with DDA and Chamber Tourism ILA partially executed Exhibit A - Tourism Rebound Marketing Program FY 2020-21as of 7.5.21 6.C. APPROVAL OF COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF DELRAY BEACH IAFF 1842 FOR THE SUPERVISORY UNIT. Recommendation: Motion to approve the Collective Bargaining Agreement between the City of Delray Beach and the Professional Firefighters of Delray Beach, IAFF Local 1842 Inc for the Supervisory Unit. Sponsors: Fire Rescue Department and Human Resources Department Attachments: Agenda Cover Report Agenda Memo 7-13-2021 3IY2033-Tentative CBA- Supervisory Unit 7-6-21 (Formatted) City of Delray Beach Page 4 Printed on 7/12/2021 City Commission Regular Commission Meeting July 13, 2021 6.D. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN FY 2021-2022 Recommendation: Motion to approve and execute the attached Annual Action Plan. Sponsors: Neighborhood & Community Services Attachments: Agenda Cover Report SF424_2_1-V2.1 sf424d-v1.1_fill-sign 71321 FY2021-2022 Annual Action Plan FINAL Non-State-Certifications 71321 6.E. GRANT APPLICATION/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) Recommendation: Motion to approve application for the 2021 Edward Byrne Memorial Justice Assistance Grant in the amount of $31,395. Sponsors: Police Department Attachments: Agenda Cover Report Certifications and Assurances by the Chief Executive of the Applicant Government - JAG 2021 Legal Review Form_JAG_21 - certification of Chief Executive Official Disclosure of lobbying activities JAG 2021 6.F. APPROVAL TO INCREASE THE CONTRACT VALUE IN THE AMOUNT OF $400,000 AND AUTHORIZE THE CITY MANAGER TO ISSUE A PURCHASE ORDER FOR ADDITIONAL PLAYGROUND EQUIPMENT Recommendation: Motion to approve an increase to the contract value in the estimated amount of $400,000 thru June 2, 2022, of which $400,000 is budgeted for FY2021, to the contract value with REP Services, Inc. for various equipment and amenities for parks and playgrounds, and authorize the City Manager is issue a purchase order. Sponsors: Parks & Recreation Department and Purchasing Department Attachments: Agenda Cover Report Agenda Cover Memo 2-9-21 City of Delray Beach Page 5 Printed on 7/12/2021 City Commission Regular Commission Meeting July 13, 2021 6.G. APPROVAL TO INCREASE THE CONTRACT VALUE IN THE AMOUNT OF $39,412 WITH SUNSHINE CLEANING SYSTEMS, INC. FOR JANITORIAL SERVICES CITYWIDE FOR PARK AND RECREATION DEPARTMENT Recommendation: Motion to approve increase in the amount of $39,412 to the contract value by adding the Delray Beach Municipal Golf Club managed by the Parks and Recreation Department. The increase will provide janitorial services necessary for the Delray Beach Municipal Golf Club. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Legal Review Checklist Sunshine Cleaning Amendment 2 Scope for Janitorial Services (DBGC) - Exhibit B Amendment No. 2 RFP 2019-003 6.H. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD ACTION OF JUNE 14, 2021, AND APPROVAL OF THEIR 2021/2022 PROPOSED BUDGET Recommendation: Motion to ratify actions approved by South Central Regional Wastewater Treatment and Disposal Board (Board) at their meeting of June 14, 2021. Sponsors: Utilities Department Attachments: Agenda Cover Report 2022 Approved Budget - SCRWTDB.pdf Delray Beach Ratification FY2022.pdf 6.I. SETTLEMENT OF CLAIM MADE BY KEVIN AND MINDY KEANE Recommendation: Motion to approve the settlement agreement between Kevin and Mindy Keane and the City of Delray Beach. Sponsors: City Attorney Department Attachments: Agenda Cover Report 2019-06-27 claim ltr Settlement Agreement_Keane 6.J. PROPOSED OFFER OF SETTLEMENT IN THE CASE OF DERRICK S. ROLLE V. CITY OF DELRAY BEACH Recommendation: Motion to deny the settlement offer for the reasons discussed in the confidential memorandum previously distributed to the City Commission. Sponsors: City Attorney Department Attachments: Agenda Cover Report 6.K. PROCLAMATIONS: City of Delray Beach Page 6 Printed on 7/12/2021 City Commission Regular Commission Meeting July 13, 2021 6.K.1. SPADY CULTURAL HERITAGE MUSEUM 20TH ANNIVERSARY Recommendation: Motion to proclaim July 27, 2021, as the 20th Anniversary of the Spady Cultural Heritage Museum. Sponsors: City Clerk Department Attachments: Agenda Cover Report Spady Museum 20th Anniversary 6.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.L.1. None 6.M. AWARD OF BIDS AND CONTRACTS: 6.M.1. None 7. REGULAR AGENDA: 7.A. RESOLUTION NO. 103-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ABANDONMENT OF INTEREST OF A PORTION OF A PUBLIC EASEMENT LOCATED AT 5115 FOXPOINTE CIRCLE, DELRAY BEACH, FLORIDA, TOTALING APPROXIMATELY SIX HUNDRED AND SEVENTY-TWO SQUARE FEET (672 SQ. FT.), AS MORE PARTICULARLY DESCRIBED HEREIN, PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. (QUASI JUDICIAL) Recommendation: Review and consider Resolution No. 103-21, for the abandonment of a portion of a utility easement located at 5115 Foxpointe Circle. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution No. 103-21: Abandonment of Easement at 5115 Foxpointe Resolution No. 103-21: Exhibits Resolution No. 103-21: Survey Resolution No. 103-21: Plat Resolution No. 103-21: Resolution No. 02-82 Legal Review Res 103-21 Abandonment of Easements 5115 Foxpointe Circle City of Delray Beach Page 7 Printed on 7/12/2021 City Commission Regular Commission Meeting July 13, 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 69th Extension of the State of Emergency for COVID -19. Sponsors: City Attorney Department Attachments: Agenda Cover Report 69th Extension of State of Emergency 07-07-21 7.C. NOMINATION FOR APPOINTMENT TO THE EDUCATION BOARD Recommendation: Motion to approve the nomination for an appointment for six (6) regular members to serve on the Education Board for a two (2) year term ending July 31, 2023. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A 07062021 ATTENDANCE RECORDS 2021 Education Board 2021 3 Butler Schillinger 2 Cruz Dickerson Katz Siperstein Klein EB Knight Nevin 2 Newbold Spitzer Talley Waldo Williams, K City of Delray Beach Page 8 Printed on 7/12/2021 City Commission Regular Commission Meeting July 13, 2021 7.D. NOMINATION FOR APPOINTMENT TO THE POLICE ADVISORY BOARD Recommendation: Motion to approve the nominations for appointment of two (2) regular members to serve on the Police Advisory Board for a two (2) year term ending July 31, 2023. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A 06232021 2 Police Advisory Board 2021 Police Advisory Board Attendance 2021 Newbold Strasser 7.E. NOMINATION FOR APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD Recommendation: Motion to approve the nomination for an appointment of one (1) alternate member to serve on the Green Implementation Advancement Board for a two (2) year term ending July 31, 2023. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A 06252021 2 Green Implementation Advancement Board 2021 2 2021 Quarterly Attendance Adamo Clark Roll Seckler 7.F. FISCAL YEAR 2022 PROPOSED MILLAGE RATE Recommendation: Motion to Approve Staff's recommendation that the City Commission set the proposed millage rate at 6.6611 mills for operating and 0.1792 mills for debt service for a total of 6.8403 mills. Sponsors: Finance Department Attachments: Agenda Cover Report Preliminary Millage - July 13 2021 FINAL City of Delray Beach Page 9 Printed on 7/12/2021 City Commission Regular Commission Meeting July 13, 2021 7.G. FISCAL YEAR 2022 PROPOSED MILLAGE RATE/DOWNTOWN DEVELOPMENT AUTHORITY (DDA) Recommendation: Motion to Approve Staff's recommendation that the City Commission set the proposed millage rate at 1.0000 mills for the Downtown Development Authority for Fiscal Year 2022. Sponsors: Finance Department Attachments: Agenda Cover Report DDA FY20-21 Budget Amended 5.10.21 2021 Estimate of Taxable Value Delray Beach Letter 2021-2022 1 mill request 6.16.21 7.H. REVIEW AND APPROVE IMPROVEMENTS TO OLD SCHOOL SQUARE PROPOSED BY THE OLD SCHOOL SQUARE CENTER FOR THE ARTS, INC. Recommendation: Review and consider improvements to Old School Square proposed by the Old School Square Center for the Arts, Inc. Sponsors: City Manager Department Attachments: Agenda Cover Report Phase 1 Phase 2 OSS lobby-corridor OSS_lobby-main Lease - Old School Square Center for the Arts dated December 2 2016 7.I. DISCUSSION AND CONSIDERATION OF INTERIM CITY MANAGER ALVAREZ'S PERFORMANCE AND EMPLOYMENT AGREEMENT Recommendation: Discussion and consideration of Interim City Manager Alvarez's performance and employment agreement. Sponsors: Human Resources Department Attachments: Agenda Cover Report Alvarez ICM 6.24.20 8. PUBLIC HEARINGS/SECOND READINGS: 8.A. None 9. FIRST READINGS: City of Delray Beach Page 10 Printed on 7/12/2021 City Commission Regular Commission Meeting July 13, 2021 9.A. ORDINANCE NO. 25-21: 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 1, “GENERAL PROVISIONS,” ARTICLE 1.1, “ADOPTION OF CODE,” SECTION 1.1.1, “REFERENCE,” AND SECTION 1.1.6, “AMENDMENTS,” AND BY AMENDING CHAPTER 2, “ADMINISTRATIVE PROVISIONS,” ARTICLE 2.4, “GENERAL PROCEDURES,” SECTION 2.4.5, “PROCEDURES FOR OBTAINING DEVELOPMENT APPROVALS,” SUBSECTION 2.4.5(M), “AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS,” TO REQUIRE AT LEAST ONE MEMBER OF THE CITY COMMISSION SPONSOR A PRIVATELY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS PRIOR TO THE SUBMITTAL OF AN APPLICATION; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) Recommendation: Review and consider Ordinance No. 25-21 on First Reading, a City-initiated request to amend the Land Development Regulations (LDR) to require that at least one member of the City Commission shall sponsor a privately-initiated amendment to the LDR at a City Commission Workshop prior to the submittal of an application for such a request. Sponsors: Development Services Department Attachments: Agenda Cover Report Ordinance No. 25-21: Staff Report Ordinance No. 25-21: Private LDR Sponsorship Ordinance No. 25-21: Legal Review 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission 11. ADJOURNMENT City of Delray Beach Page 11 Printed on 7/12/2021