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, August 10, 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 August 10, 2021 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL A. Additions, Deletions, Substitutions 4. PRESENTATIONS: 4.A. PRESENTING LAUREN CZENCZ, EXECUTIVE ASSISTANT, WITH EMPLOYEE OF THE MONTH FOR JUNE 2021. Recommendation: Motion to present Lauren Czencz, Executive Assistant, with Employee of the Month for June 2021. Sponsors: Human Resources Department Attachments: Agenda Cover Report Lauren Czencz nomination form 4.B. RECOGNIZING MEMBERS OF DELRAY BEACH FIRE RESCUE WHO WERE DEPLOYED TO ASSIST WITH SEARCH AND RESCUE EFFORTS AT THE COLLAPSED CHAMPLAIN TOWERS SOUTH IN SURFSIDE, FLORIDA Sponsors: Fire Rescue Department Attachments: Agenda Cover Report 4.C. PROCLAMATION TO DESIGNATE THE MONTH OF AUGUST AS FLORIDA WATER PROFESSIONAL MONTH Recommendation: Motion to designate the month of August as Florida Water Professionals Month. Sponsors: Utilities Department Attachments: Agenda Cover Report 2021 Proclamation Mayor Delray Beach.docx Simple Legal Review Approval Water Professionals Proclamation.pdf 2021 FWPCOA Water Professionals Proclamation Delray Beach.pdf 4.D. ASIAN AMERICAN AND PACIFIC ISLANDER RECOGNITION DAY Recommendation: Motion to proclaim August 10, 2021, as Asian American and Pacific Islander Recognition Day. Sponsors: City Clerk Department Attachments: Agenda Cover Report Asian American & Pacific Islanders Recognition Day City of Delray Beach Page 3 Printed on 8/9/2021 City Commission Regular Commission Meeting August 10, 2021 4.E. INTERNAL AUDIT UPDATE Attachments: Agenda Cover Report Internal Audit Update 08_10_21 4.F. PRESENTATION BY STATE REPRESENTATIVE MICHAEL A. CARUSO, PROVIDING LEGISLATIVE UPDATES FROM THE 2021 FLORIDA LEGISLATIVE SESSION 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 6.A. CITY COMMISSION MEETING MINUTES Recommendation: Motion to approve meeting minutes as listed below: June 3, 2021, Goal Setting Day 1 City Commission Workshop Meeting Minutes June 4, 2021, Goal Setting Day 2 City Commission Workshop Meeting Minutes July 6, 2021, Regular City Commission Meeting Minutes July 13, 2021, City Commission Budget Workshop Meeting Minutes Sponsors: City Clerk Department Attachments: Agenda Cover Report June 3, 2021, Goal Setting Workshop Day 1 Commission Meeting Minutes - DRAFT June 4, 2021, Goal Setting Workshop Day 2 Commission Meeting Minutes - DRAFT July 6, 2021, Regular Commission Meeting Minutes - DRAFT July 13, 2021, Commission Budget Workshop Meeting - DRAFT City of Delray Beach Page 4 Printed on 8/9/2021 City Commission Regular Commission Meeting August 10, 2021 6.B. APPROVING THE FINAL (MAJOR) SUBDIVISION REPLAT OF LOTS 64 THROUGH 68, INCLUSIVE, BLOCK 34, DEL-RATON PARK, AS RECORDED IN PLAT BOOK 14, PAGE 9 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND LOTS 1 THROUGH 3, INCLUSIVE, FLORIDA BOULEVARD TOWNHOMES AT DELRAY BEACH, AS RECORDED IN PLAT BOOK 112, PAGE 156 AND 157 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LYING IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, ALSO KNOWN AS DELRAY EAST TOWNHOMES. Recommendation: Review and consider the Final (Major) Plat for Delray East Townhomes, at 2800, 2808, 2810 and 2812 Florida Boulevard, by adopting that the request and approval thereof is consistent with the criteria set forth in the Land Development Regulations Section 2.4.5(J)(Major Subdivisions). Sponsors: Development Services Department Attachments: Agenda Cover Report Delray East Location Map Delray East Plat Delray East Plat PZ Board Staff Report Delray East Site Plan 6.C. ACCEPTANCE OF AN AMENDED LANDSCAPE MAINTENANCE AGREEMENT AND STREETLIGHT MAINTENANCE AGREEMENT ALONG NE 2ND AVENUE AND NE 2ND STREET FOR THE PROPERTY LOCATED AT 233 NE 2ND AVENUE. Recommendation: Review and Consider acceptance of an amended Landscape Maintenance Agreement and Street Light Agreement along NE 2nd Street and NE 2nd Avenue for 233 NE 2nd Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report The Ray SPRAB Report Grove Rosebud Two Landscape Maintenance Agreement_signed Grove Rosebud Two Streetlight Maintenance Agreement_signed Simple Legal Review Approval Landscape Maintenance Agreement The Ray Simple Legal Review Approval Streetlight Maintenance Agreement The Ray City of Delray Beach Page 5 Printed on 8/9/2021 City Commission Regular Commission Meeting August 10, 2021 6.D. RESOLUTION NO. 107-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO JOEL DARACK & LAURIE CLINGAN-DARACK, FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 235 NE 1ST AVENUE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(J), TAX EXEMPTION FOR HISTORIC PROPERTIES; AND PROVIDING AN EFFECTIVE DATE. Recommendation: Review and consider Resolution No. 107-21; approving a Historic Property Ad Valorem Tax Exemption request for improvements to the contributing structure and property located at 235 NE 1st Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution 107-21-235 NE 1st Ave-Tax Exemption HPB Staff Report-235 NE 1st Ave Ad Valorem Tax Exemption Application-235 NE 1st Ave Warranty Deed-235 NE 1st Ave Property Tax Information-235 NE 1st Ave Certificate of Occupancy-235 NE 1st Ave Architectural Drawings-235 NE 1st Ave Survey Old-235 NE 1st Ave Survey New-235 NE 1st Ave Before and After Photographs-235 NE 1st Ave Simple Legal Review Approval 107-21 6.E. APPROVAL OF THE INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR ACCEPTANCE OF FY 2020-21 EMS GRANT FUNDS. Recommendation: Staff recommends the approval Interlocal Agreement, for the purposes of receiving reimbursement for the purchase of one (1) Ferno patient stretcher, from Palm Beach County through the 2021 EMS Grant. Sponsors: Fire Rescue Department Attachments: Agenda Cover Report EMS Grant ILA with County for purchase of FERNO Stretcher 2021 Legal Review Checklist EMS Grant ILA with County for Ferno Stretcher Ferno iNX Quote -Delray Beach Fire Rescue City of Delray Beach Page 6 Printed on 8/9/2021 City Commission Regular Commission Meeting August 10, 2021 6.F. INTERLOCAL AGREEMENT FORMING THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM (CONSORTIUM) BY AND BETWEEN PALM BEACH COUNTY (COUNTY) A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND THE CITY OF DELRAY BEACH, THE CITY OF PALM BEACH GARDENS, THE CITY OF SOUTH BAY AND THE CITY OF WEST PALM BEACH FOR THE PURPOSE OF ESTABLISHING AN INDEPENDENT SPECIAL DISTRICT AND TO IMPLEMENT FEDERAL AND STATE WORKFORCE DEVELOPMENT PROGRAMS AND RELATED ACTIVITIES IN PALM BEACH COUNTY, FLORIDA UNDER THE PROVISIONS OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT, THE TEMPORARY ASSISTANCE TO NEEDY FAMILIES ACT, THE WAGNER-PEYSER ACT AND THE FLORIDA WORKFORCE INNOVATION ACT OF 2000 ('WORKFORCE PROGRAMS"). Recommendation: Motion to Approve the Interlocal Agreement forming the Palm Beach Workforce Development Consortium (Consortium) (R2007-1220) for the purpose of establishing an Independent Special District (ISD) and to implement Federal and State workforce development programs and related activities in Palm Beach County. Sponsors: Neighborhood & Community Services Attachments: Agenda Cover Report Legal Review Email Confirmation ILA - Palm Beach County Workforce Development Consortium 81721 Palm Beach County Workforce Development Agreement Amendment No. 2 to Agreement for Workforce Development Consortium 3rd Amendment, Workforce Development Consortium Item 3A1 PBC Agenda Item 11182014 6.G. RESOLUTION 108-21: AN AGREEMENT WITH THE EARLY LEARNING COALITION OF PALM BEACH COUNTY PROVIDING A REIMBURSABLE SCHOLARSHIP PROGRAM FOR THE AFTER SCHOOL PROGRAM LOCATED AT POMPEY PARK AND THE DELRAY BEACH COMMUNITY CENTER Recommendation: Motion to approve renewal of the agreement between the Early Learning Coalition (ELC) of Palm Beach County, Inc. Sponsors: Parks & Recreation Department Attachments: Agenda Cover Report Resolution 108-21_CSC Legal Review Checklist CSC 2021 CSC Provider Agreement 2021.2022 -City of Delray Beach City of Delray Beach Page 7 Printed on 8/9/2021 City Commission Regular Commission Meeting August 10, 2021 6.H. RESOLUTION NO. 114-21: APPROVAL OF AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH TO PROVIDE SCHOOL SECURITY SERVICES TO NON-CHARTER DISTRICT-OPERATED SCHOOLS Recommendation: Motion to approve Resolution No. 114-21 approving agreement between the School Board of Palm Beach County and the City of Delray Beach to provide school security services to non-charter District-operated schools. Sponsors: Police Department Attachments: Agenda Cover Report School Security Agreement 2021 F EXHIBIT A - Rate Schedule School Board 2021 Exhibit B - Contract Agreement Addendum Concerning Student Information - 2021 Resolution 114_21 School Board agreement for school security 2021 Legal Checklist_2021 Security Agreement_LW review 6.I. GRANT APPLICATION AND APPROVAL/FDOT PEDESTRIAN & BICYCLE SAFETY Recommendation: Motion to approve the application and award from the Florida Department of Transportation (FDOT) in the amount not to exceed $45,000 for the pedestrian and bicycle safety education and enforcement program. Sponsors: Police Department Attachments: Agenda Cover Report Pedestrian Bicycle Grant - Delray Beach PD Contract Approval Letter 13July2021 Legal Review Form_FDOT Bicycle_High visibility_grant_lw 7-16-2021 6.J. APPROVAL OF THE REQUEST FOR FUNDING FROM THE GBDC ENTREPRENEURSHIP INSTITUTE, INC. FROM THE LAW ENFORCEMENT TRUST FUND (LETF) IN THE AMOUNT OF $10,000. Recommendation: Motion to approve request for funding from the Law Enforcement Trust Fund (LETF) pursuant to Florida Statute 932.7055, Disposition of Liens and Forfeited Property, to the GBDC Entrepreneurship Institute, Inc. in the amount of $10,000. Sponsors: Police Department Attachments: Agenda Cover Report Legal Review Form_GBDC GBDC Entrepreneurship Institute LETF request 2021 City of Delray Beach Page 8 Printed on 8/9/2021 City Commission Regular Commission Meeting August 10, 2021 6.K. APPROVAL TO INCREASE THE CONTRACT VALUE IN THE AMOUNT OF $1,250,000 FOR THE PURCHASE OF ADDITIONAL TECHNOLOGY PRODUCTS, SERVICES AND SOLUTIONS THROUGH APRIL 30, 2023, FOR THE INFORMATION TECHNOLOGY AND POLICE DEPARTMENTS Recommendation: Motion to approve an increase to the contract value in the estimated amount of $1,250,000 through April 30, 2023, with Insight Public Sector, Inc., for the purchase of technology products, services and solutions, including hardware and software, security appliances and programming, licensing, maintenance and support. Sponsors: IT Department and Purchasing Department Attachments: Agenda Cover Report TextFileInSite-01-Jul-2020-12-54-24 6.L. APPROVAL OF AMENDMENT NO. 4 TO THE SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND WASTE MANAGEMENT INC. OF FLORIDA Recommendation: Motion to Approve Amendment No. 4 to the Solid Waste and Recycling Collection Agreement dated March 9, 2015, between the City of Delray Beach and Southern Waste Systems, LLC and assigned to Waste Management Inc. of Florida on December 14, 2015. Sponsors: Neighborhood & Community Services and Purchasing Department Attachments: Agenda Cover Report WM Signed Amend 4_2014-038 Legal Review Checklist Waste Management Amendment 4 Fully Executed Amendment No. 3 - Solid Waste Recycling Collection Agreement Waste Management - amd no. 2 to solid waste and recycling collection franchise agreement dated April 3, 2018 Waste Management of Florida - amendment no. 1 to franchise agreement for collection of solid waste and recycl Exclusive Franchise Agreement -Southern Waste Systems LLC 03 2015 City of Delray Beach Page 9 Printed on 8/9/2021 City Commission Regular Commission Meeting August 10, 2021 6.M. APPROVAL OF AMENDMENT NO. 2 TO BAXTER & WOODMAN, INC. FOR ADDITIONAL CONSTRUCTION, ENGINEERING, AND INSPECTION SERVICES (CEI) FOR THE OSCEOLA PARK NEIGHBORHOOD IMPROVEMENT PROJECT IN THE AMOUNT OF $172,000 (PROJECT NO. 16-095) Recommendation: Motion to Approve Amendment No. 2 to the Agreement with Baxter & Woodman, Inc. for additional Construction, Engineering, and Inspection Services (CEI) for the Osceola Park Project, in the amount of $172,000, for a total contract amount not to exceed $1,155,865. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Legal Review Checklist Amd #2 to Osceola Park CEI services Baxter & Woodman Signed Amend2 to RFQ 2019-051 - Baxter and Woodman Osceola Park Neighborhood Improvements 2021-06-2 Amendment No. 2 Rev 2021-06-21 Ex A Amendment No. 1 - Baxter Woodman Inc. RFQ 2019-051_fully executed Exhibit A to Amend 1 - CEI Osceola Park Exhibit B - Fee Estimate Fully Executed Agreement - Baxter & Woodman - Osceola CEI 2019-051 CEI Services for Osceola Park Neighborhood Improvements - FINAL 6.N. APPROVE RESOLUTION NO. 110-21 AUTHORIZING A GRANT AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) IN THE AMOUNT OF $1,242,499.50 FOR MANAGEMENT OF THE CITY OF DELRAY BEACH’S (CITY) SHORE PROTECTION PROJECT (PROJECT NO.17-081) Recommendation: Motion to approve Resolution No. 110-21 authorizing a Grant Agreement with the Florida Department of Environmental Protection (FDEP) for assistance with funding the City’s Shore Protection Project (Project No. 17-018) in amount of $1,242,499.50. Sponsors: Public Works Department Attachments: Agenda Cover Report Beach State Grant Resolution 6.30.21 22PB1 Delray Beach Shore Protection Project Simple Legal Review Approval DEP Grant Agreement for Beach Nourishment Program City of Delray Beach Page 10 Printed on 8/9/2021 City Commission Regular Commission Meeting August 10, 2021 6.O. RESOLUTION 119-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH CREATING A TIME-LIMITED PARKING ZONE WITHIN THE CITY AND PROVIDING MAXIMUM TIME LIMIT WITHIN SPECIFIED LOCATION Recommendation: Motion to approve Resolution 119-21 to create a new time-limited parking zone in the City. Sponsors: Public Works Department Attachments: Agenda Cover Report DSMG 5.13.21 Meeting Notes Resolution No. 119-21.pdf Simple Legal Review Approval Resolution 119-21.pdf 6.P. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE CITY OF BOYNTON BEACH FOR LAKE IDA WATER QUALITY MONITORING SERVICES IN AN AMOUNT NOT TO EXCEED $30,000. Recommendation: Motion to approve and accept the proposed Interlocal Agreement (ILA) between the City of Delray Beach and Boynton Beach for water quality monitoring services for Lake Ida in an amount not to exceed $30,000. Sponsors: Public Works Department Attachments: Agenda Cover Report 1. ILA with Delray Beach for Lake IDA 2. Exhibit A- Water Quality Monitoring for Lake Ida 3. Legal Review ILA with Boynton Beach for water sample testing from Lake Ida City of Delray Beach Page 11 Printed on 8/9/2021 City Commission Regular Commission Meeting August 10, 2021 6.Q. ITEM(S) A1 and B1 - ACCEPTANCE OF A RIGHT OF-WAY DEDICATION BY 53 SE 7TH AVE. AND HOLD HARMLESS AGREEMENT FOR 1625 S. OCEAN BLVD 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 53 SE 7th Ave. to the City of Delray Beach. HOLD HARMLESS AGREEMENT Items B Item B1 - Motion to approve and accept a Hold Harmless Agreement by the owner(s) of 1625 S. Ocean Blvd to the City of Delray Beach. Sponsors: Public Works Department Attachments: Agenda Cover Report Item (1) Legal Reviews Item (A1a) 53 SE 7th Ave. - ROW Item (A1b) 53 SE 7th Ave - Exhibit A & Sketch Item (B1) Hold Harmless pkg. 1625 S. Ocean Blvd_ Item (B1) Exhibit A Sketch of Description - 1625 S. Ocean Blvd. Item (B1) Exhibit Utility Permit work in State ROW 1625 S Ocean 6.R. PROCLAMATIONS: 6.R.1. None 6.S. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: City of Delray Beach Page 12 Printed on 8/9/2021 City Commission Regular Commission Meeting August 10, 2021 6.S.1. REPORT OF APPEALABLE LAND USE ITEMS FROM JUNE 11, THROUGH JULY 23, 2021. Recommendation: By motion, receive and file this report. Sponsors: Development Services Department Attachments: Agenda Cover Report Appealable Items Map A - Delray East Townhomes B - Grand Bahama C - Park Ten D - The Ray Hotel and the Shops at the Ray E - Throw Social F - Ocean Hammock G - The Mark Downtown 6.T. AWARD OF BIDS AND CONTRACTS: 6.T.1. APPROVAL OF RESOLUTION NO. 51-21 TO AWARD AN AGREEMENT TO ADVANCED MULCH, INC., FOR THE PURCHASE AND INSTALLATION OF MULCH; UTILIZING PALM BEACH COUNTY SOLICITATION NO. 20-061/KP - $40,000 Recommendation: Motion to approve Resolution No. 51-21 to award an Agreement to Advanced Mulch, Inc., for the purchase and installation of mulch in the estimated amount of $40,000 through July 31, 2022, utilizing the Palm Beach County, Florida Solicitation No. 20-061/KP, and authorize the City Manager to approve renewal options, in the amounts below, contingent on appropriations of funds. Sponsors: Parks & Recreation Department and Purchasing Department Attachments: Agenda Cover Report Legal Review Checklist final advanced mulch Master Service Agreement PBC_Advanced Mulch Inc_Piggyback Resolution No. 51-21_ADVANCED MULCH INC (KWB 7.12.21) Form L for renewal #20061 MULCH, Blown 20061 Advanced Mulch response Form L #20061 MULCH, BLOWN City of Delray Beach Page 13 Printed on 8/9/2021 City Commission Regular Commission Meeting August 10, 2021 6.T.2. APPROVAL OF RESOLUTION NO. 112-21 TO AWARD AN AGREEMENT TO POINT BLANK ENTERPRISES, INC. FOR PURCHASES OF BODY ARMOR, UTILIZING STATE OF FLORIDA ALTERNATE CONTRACT SOURCE NO. 46151500-NASPO-21-ACS - $150,000 Recommendation: Motion to approve Resolution No. 112-21 to award an agreement to Point Blank Enterprises, Inc., for purchases of body armor in the estimated amount of $150,000 through November 10, 2022, utilizing the State of Florida Alternate Contract Source No. 46151500-NASPO-21-ACS, and authorize the City Manager to approve renewal options, in the amounts below, contingent on appropriations of funds. Sponsors: Police Department and Purchasing Department Attachments: Agenda Cover Report Point Blank Agreement Reso 112-21 - Body Armor and Balistic Resistant Products - Federal Easter - State Piggyback_lw rev Legal Review Checklist_point blank_lw rev NASPO Master Agreement Number 164719 7. REGULAR AGENDA: 7.A. RESOLUTION NO. 117-21: 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 PRIVATE EDUCATIONAL FACILITY AT 342 NORTH SWINTON AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL) Recommendation: Review and consider Resolution No. 117-21, to allow the operation of a private educational facility at 342 North Swinton Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report Res. No. 117-21 Conditional Use Cocoplum School Conditional Use Cocoplum School: Survey Conditional Use Cocoplum School: Site Plan Conditional Use Cocoplum School: Life Safety Conditional Use Cocoplum School: Lighting Plan Legal Review Res 117-21 Condition Use Cocoplum School City of Delray Beach Page 14 Printed on 8/9/2021 City Commission Regular Commission Meeting August 10, 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 70th, 71st and 72nd Extensions of the State of Emergency for COVID -19. Sponsors: City Attorney Department Attachments: Agenda Cover Report 70th Extension of State of Emergency 07-14-21 71st extension of state of emergency 7-21-2021 72nd extension of state of emergency 7-28-2021 7.C. APPOINTMENT OF THE CHAIR AND VICE-CHAIR OF THE COMMUNITY REDEVELOPMENT AGENCY (CRA) Recommendation: Motion to appoint the Chair and Vice-Chair of the Community Redevelopment Agency (CRA). Sponsors: City Attorney Department Attachments: Agenda Cover Report Res No. 57-18 7.D. NOMINATION FOR APPOINTMENT TO THE BOARD OF ADJUSTMENT Recommendation: Motion to approve the nomination for an appointment for four (4) regular members and two (2) alternate members to serve on the Board of Adjustments for a two (2) year term ending August 31, 2023. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A 07212021 Cabana Candia 2 Clark Cohen 2 Dumitrescu 2 Evans Evola Fredericks 3 Hayes Williams City of Delray Beach Page 15 Printed on 8/9/2021 City Commission Regular Commission Meeting August 10, 2021 7.E. NOMINATIONS FOR APPOINTMENT TO THE HISTORIC PRESERVATION BOARD Recommendation: Motion to approve nominations for appointment for two (2) regular members to serve on the Historic Preservation Board for a two-year term ending August 31, 2023. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A 08052021 Brown Chard Cohen Dumitrescu 2 Fredericks 2 BOA Hayes Nevin 2 Pitts Sylvestre Talley Turner Wood City of Delray Beach Page 16 Printed on 8/9/2021 City Commission Regular Commission Meeting August 10, 2021 7.F. NOMINATION FOR APPOINTMENT TO THE PLANNING AND ZONING BOARD Recommendation: Motion to approve the nominations for appointment for two (2) regular members to serve on the Planning and Zoning Board to serve for a two (2) year term ending August 31, 2023. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A 08022021 Planning & Zoning Board 2021 2 Blankenship 2 Brown Cabana Chard Clark Cohen Cope Cortezi Cruz Dumitrescu 2 Evola Gray Hayes Howell 2 Jonas Lieberman Stepner Umbdenstock City of Delray Beach Page 17 Printed on 8/9/2021 City Commission Regular Commission Meeting August 10, 2021 7.G. NOMINATION FOR APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD Recommendation: Motion to approve the nominations for appointment of two (2) regular members to serve on the Site Plan Review and Appearance Board for a two (2) year term ending August 31, 2023. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A 07282021 Bailey Blankenship 2 Cabana Chard Clark Cohen Dumitrescu 2 Gray Hayes Perez Sherman 2 7.H. DISCUSSION REGARDING SUPERVISOR OF ELECTIONS RECOMMENDATION Recommendation: Discussion and direction only. Sponsors: City Clerk Department Attachments: Agenda Cover Report SOE Charter Recommendations Polling of Other Municipalities in Palm Beach County 7.I. DESIGNATION OF VOTING DELEGATE AND ALTERNATE(S) TO THE PALM BEACH COUNTY LEAGUE OF CITIES. Recommendation: Designation of voting delegate and alternate(s) to the Palm Beach County League of Cities. Sponsors: City Clerk Department Attachments: Agenda Cover Report Voting Delegate Form 2021_fillable City of Delray Beach Page 18 Printed on 8/9/2021 City Commission Regular Commission Meeting August 10, 2021 7.J. RESOLUTION NO. 122-21 AMENDING THE FISCAL YEAR 2020-21 BUDGET ADOPTED BY RESOLUTION NO. 157-20 ON SEPTEMBER 22, 2020. Recommendation: Motion to Approve Resolution No. 122-21 amending the Fiscal Year 2020-21 budget. Sponsors: Finance Department Attachments: Agenda Cover Report Tennis Center Budget Adjustment 8102021 Barwick Park Budget Adjustment 8102021 Budget Amendment Narrative - August 2021 ELC Budget Adjustment- 8102021 2021 Exhibit A Budget Amendment - August 2021 Resolution 122-21 Budget Amendment FY 20.21 Simple Legal Review Approval 122-21 8. PUBLIC HEARINGS/SECOND READINGS: City of Delray Beach Page 19 Printed on 8/9/2021 City Commission Regular Commission Meeting August 10, 2021 8.A. ORDINANCE NO. 16-21: 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 2 “ADMINISTRATIVE PROVISIONS”, ARTICLE 2.4 “GENERAL PROCEDURES,” SECTION 2.4.3 “SUBMISSION REQUIREMENTS”, SUBSECTION (A), “STANDARD APPLICATION ITEMS”, AND SUBSECTION (B), “STANDARD PLAN ITEMS”, TO CLARIFY AND ADD REQUIREMENTS; SECTION 2.4.6, “PROCEDURES FOR OBTAINING PERMITS AND APPROVALS”, SUBSECTION (B), “BUILDING PERMITS”, TO REQUIRE GREEN BUILDING CERTIFICATION; FOR NEW CONSTRUCTION OR ADDITIONS OVER 5,000 SQUARE FEET; BY AMENDING CHAPTER 3, “PERFORMANCE STANDARDS,” ARTICLE 3.2, “PERFORMANCE STANDARDS,” SECTION 3.2.3, “STANDARDS FOR SITE PLAN AND/OR PLAT ACTIONS”, TO REQUIRE LEED CERTIFICATION FOR NEW CONSTRUCTION OR ADDITIONS OVER 5,000 SQUARE FEET; BY AMENDING CHAPTER 4, “ZONING REGULATIONS”, ARTICLE 4.4, “BASE ZONING DISTRICT”, SECTION 4.4.13, “CENTRAL BUSINESS (CBD) DISTRICT”, SUBSECTION (F), “ARCHITECTURAL STANDARDS”, TO AMEND ARCHITECTURAL STANDARDS FOR URBAN HEAT ISLAND REQUIREMENTS FOR ROOFED AND NON-ROOFED AREAS AND GREEN BUILDING PRACTICES; BY ENACTING A NEW ARTICLE 7.11, “RESILIENT DESIGN AND CONSTRUCTION PRACTICES”, TO PROVIDE CERTIFICATION REQUIREMENTS FOR NEW PRIVATE AND PUBLIC DEVELOPMENT, APPLICATION PROCEDURES, BOND REQUIREMENTS, AND TO ESTABLISH A GREEN BUILDING FUND; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (SECOND READING/PUBLIC HEARING). Recommendation: Motion to approve Ordinance No. 16-21 on Second Reading to amend the Land Development Regulations for the purpose of requiring that all new construction over 5000 square feet, whether public or private, obtain Leadership in Energy and Environmental Design certification of minimum Gold level or equivalent. Sponsors: City Manager Department Attachments: Agenda Cover Report Memo_GIAB Green Building Recommendation to City Commission Green Building Req- PZ Staff Report Simple Legal Review Approval LEED 6.7.21 LEED LDR Amendments 061021 lg rev City of Delray Beach Page 20 Printed on 8/9/2021 City Commission Regular Commission Meeting August 10, 2021 8.B. 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. (SECOND READING/PUBLIC HEARING) Recommendation: Review and consider Ordinance No. 25-21 on Second 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: Private LDR Sponsorship Ordinance No. 25-21: Staff Report Ordinance No. 25-21: Legal Review City of Delray Beach Page 21 Printed on 8/9/2021 City Commission Regular Commission Meeting August 10, 2021 8.C. ORDINANCE NO. 26-21: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING CHAPTER 4, “ZONING REGULATIONS”, ARTICLE 4.4, “BASE ZONING DISTRICT”, SECTION 4.4.13. “CENTRAL BUSINESS DISTRICT (CBD)”, SUBSECTION (A), “PURPOSE AND INTENT”; SUBSECTION (B), “REGULATING PLANS”; SUBSECTION (C), “ALLOWABLE USES”; SUBSECTION (D), “CONFIGURATION OF BUILDINGS”; SUBSECTION (E), “FRONTAGE STANDARDS”; SUBSECTION (F), “ARCHITECTURAL STANDARDS”; SUBSECTION (G), “CIVIC OPEN SPACES”; SUBSECTION (I), “CBD PARKING STANDARDS”; AND, SUBSECTION (K) “CBD REVIEW AND APPROVAL PROCESS”; TO PROVIDE CLARIFICATION OF AND CONSISTENCY WITH EXISTING REGULATIONS, RENUMBERING OF FIGURES, AND AMENDING THE PARKING REQUIREMENT FOR BUILDINGS ON PROPERTIES LESS THAN 65 FEET WIDE AND CONTAINING MORE THAN TWO-STORIES; AND, PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. (SECOND READING/PUBLIC HEARING) Recommendation: Review and consider Ordinance No. 26-21 on Second Reading, amendments to the Land Development Regulations (LDR) Sections 4.4.13, Central Business District (CBD), to provide general clarifications and updates to the existing regulations, renumbering of existing figures, and amending the parking requirement for buildings on properties less than 65 feet wide and containing more than two-stories. Sponsors: Development Services Department Attachments: Agenda Cover Report Ord. No. 26-21: CBD Amendments (Non-expansion) Ord. No. 26-21: PZB Staff Report Ord. No. 26-21: Legal Review 9. FIRST READINGS: 9.A. None 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission 11. ADJOURNMENT City of Delray Beach Page 22 Printed on 8/9/2021 City Commission Regular Commission Meeting August 10, 2021 City of Delray Beach Page 23 Printed on 8/9/2021