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, November 2, 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 November 2, 2021 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 3.A. Additions, Deletions, Substitutions 4. PRESENTATIONS: 4.A. PRESENTING JOSEPH LUCARELLI, CODE ENFORCEMENT OFFICER, WITH EMPLOYEE OF THE MONTH FOR OCTOBER 2021. Recommendation: Motion to present Joseph Lucarelli,Code Enforcement Officer, with Employee of the Month for October 2021. Sponsors: Human Resources Department Attachments: Agenda Cover Report Joseph Lucarelli Employee of the Month 5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: 5.A. City Manager's response to prior public comments and inquiries 5.A.1. NW Neighborhood Traffic Study 5.A.2. Current construction projects and resulting inconveniences 5.B. From the Public 6. CONSENT AGENDA: City Manager Recommends Approval 6.A. RATIFICATION OF APPOINTMENT TO THE KIDS AND COPS COMMITTEE Recommendation: Motion to approve and ratify the appointed members to the Kids and Cops Committee for a term ending November 30, 2023. Sponsors: City Clerk Department Attachments: Agenda Cover Report Kids & Cops 2021 2 City of Delray Beach Page 3 Printed on 10/29/2021 City Commission Regular Commission Meeting November 2, 2021 6.B. AURA DELRAY BEACH PLAT: FINAL APPROVAL OF A MINOR TWO-LOT SUBDIVISION KNOWN AS "AURA DELRAY BEACH," GENERALLY LOCATED AT THE NORTHWEST CORNER OF WEST ATLANTIC AVENUE AND NORTH CONGRESS AVENUE. Recommendation: Review and consider a request for final approval of a minor subdivision plat for "Aura Delray Beach", generally located at the northwest corner of West Atlantic Avenue and North Congress Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report Aura Delray Beach: Plat Aura Delray Beach: Boundary Survey (Existing) 6.C. ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION AT 1177 GEORGE BUSH BOULEVARD Recommendation: Review and consider the acceptance of a right-of-way dedication located at 1177 George Bush Boulevard. Sponsors: Development Services Department Attachments: Agenda Cover Report 1177 George Bush Boulevard Survey 1177 George Bush Blvd ROW Deed Legal Review ROW Deed 1177 George Bush Blvd - GB1177 LLC City of Delray Beach Page 4 Printed on 10/29/2021 City Commission Regular Commission Meeting November 2, 2021 6.D. RESOLUTION NO. 163-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO MICHAEL PERLMAN FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 227 NE 1ST AVENUE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION SECTION 4.5.1(J), TAX EXEMPTION FOR HISTORIC PROPERTIES; AND PROVIDING AN EFFECTIVE DATE. Recommendation: Review and consider Resolution No. 163-21 approving a Historic Property Ad Valorem Tax Exemption request for improvements to the contributing structure and property located at 227 NE 1st Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report Res. No. 163-21 Ad Valorem Tax Exemption 227 NE 1st Ave HPB Staff Report-2021-10-06-227 NE 1st Ave Ad Valorem Tax Exemption Application - 227 NE 1st Ave Plans - 227 NE 1st Ave Before and After Photos Certificate of Occupancy - 227 NE 1st Ave Tax & Warranty Deed - 227 NE 1st Ave Simple Legal Review Approval 163-21 6.E. APPROVAL OF MEMO OF UNDERSTANDING (MOU) BETWEEN THE CITY OF DELRAY BEACH AND SERVICE EMPLOYEES INTERNATIONAL UNION, FLORIDA PUBLIC SERVICES UNION, CTW, CLC Recommendation: Motion to approve the Memo of Understanding (MOU) between the City of Delray Beach and Service Employees International Union, Florida Public Services Union, CTW, CLC Sponsors: Human Resources Department Attachments: Agenda Cover Report SEIU MOU Simple Legal Review Approval SEIU MOU City of Delray Beach Page 5 Printed on 10/29/2021 City Commission Regular Commission Meeting November 2, 2021 6.F. ITEM(S) A1 and A2 - ACCEPTANCE OF PERPETUAL SIDEWALK EASEMENTS FROM: 325 NE 3RD AVE. AND 381 NE 3RD AVE. Recommendation: Items A Item A1 - Motion to approve and accept a Perpetual Sidewalk Easement Agreement from the owner(s) of 325 NE 3rd Ave. to the City of Delray Beach. Item A2 - Motion to approve and accept a Perpetual Sidewalk Easement Agreement from the owner(s) of 381 NE 3rd Ave. to the City of Delray Beach. Sponsors: Public Works Department Attachments: Agenda Cover Report Legal Review for PSE Agreement for 325 NE 3rd Ave Legal Review PSE 381 NE 3rd Ave PSE for 325 NE 3rd Ave PSE for 381 NE 3rd Ave 6.G. APPROVE APPLICATION FOR FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FY21 BUILDING RESILIENT INFRASTRUCTURE AND COMMUNITIES (BRIC) GRANT FOR TROPIC ISLE ROADWAY AND UNDERGROUND UTILITY IMPROVEMENT IN THE AMOUNT OF $40 MILLION Recommendation: Consideration of the following items: Motion to approve and allow the department to submit FEMA BRIC Grant application to the state Sponsors: Public Works Department Attachments: Agenda Cover Report For Legal Review-Tropic Isle FEMA Grant Application 6.H. PROCLAMATIONS: 6.H.1. OBSERVANCE OF VETERAN'S DAY PROCLAMATION Recommendation: Motion to observe Thursday, November 11, 2021 as National Veteran's Day. Sponsors: City Clerk Department Attachments: Agenda Cover Report Veteran's Day Proclamation City of Delray Beach Page 6 Printed on 10/29/2021 City Commission Regular Commission Meeting November 2, 2021 6.H.2. NATIONAL HUNGER & HOMELESSNESS AWARENESS WEEK PROCLAMATION Recommendation: Motion to proclaim November 13 - 21, 2021 as National Hunger & Homelessness Awareness Week. Sponsors: City Clerk Department Attachments: Agenda Cover Report National Hunger & Homelessness Awareness Week 6.H.3. PROCLAMATION TO PROMOTE RECYCLING IN PALM BEACH COUNTY AND TO DECLARE NOVEMBER 15, 2021 AS AMERICA RECYCLES DAY. Recommendation: It is recommended that the City of Delray Beach proclaim and recognize November 15, 2021, as America Recycles Day and encourage all residents to continue to Reduce, Reuse, Recycle and Rethink their waste whether they are at work, home, school or play, and to Recycle Right every day by putting the correct items in their blue and yellow recycle bins! Sponsors: City Manager Department Attachments: Agenda Cover Report America Recycles Day 2021 6.H.4. FAMILY COURT AWARENESS MONTH Recommendation: Motion to proclaim November 2021 as Family Court Awareness Month. Sponsors: City Clerk Department Attachments: Agenda Cover Report Family Court Awareness Month 6.I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.I.1. None 6.J. AWARD OF BIDS AND CONTRACTS: City of Delray Beach Page 7 Printed on 10/29/2021 City Commission Regular Commission Meeting November 2, 2021 6.J.1. RESOLUTION NO. 136-21 TO APPROVE UTILIZING SOURCEWELL EZIQC CONTRACT NO. FL-NEA-GC07-041019 WITH DAVID MANCINI AND SONS, INC. FOR SOUTHEAST 10TH STREET IMPROVEMENTS IN THE AMOUNT OF $196,705 Recommendation: Motion to approve Resolution No. 136-21 to utilize Sourcewell ezIQC Contract No. FL-NEA-GC07-041019 with David Mancini and Sons, Inc. for Southeast 10th Street Improvements in the amount of $196,705, including a City-controlled allowance amount of $55,000 for railroad protection services (flagging). (Project 17-009) Sponsors: Purchasing Department and Public Works Department Attachments: Agenda Cover Report Agreement - SE 10 - DMSI Sourcewell piggyback 10.6.2021 Annual Renewal FL-NEA-GC07-041019-DMS 2021 Delray Beach S.E. 10th Street (Lowson Boulevard) Proposal Revised Legal Review Checklist DMSI SE 10th Piggyback Sourcewell Rev. KWB. 8.20.21 Reso 136-21 DMSI SE 10th St improvements - DMSI JOC rev. KWB 10.6.21 6.J.2. APPROVAL OF RESOLUTION NO. 157-21 TO APPROVE AN AGREEMENT WITH BAXTER & WOODMAN INC. FOR THE DESIGN OF NORTHWEST NEIGHBORHOOD IMPROVEMENTS PURSUANT TO RFQ NO. 2021-022 (PROJECT NO. 17-020) - $1,632,282 Recommendation: Motion to approve Resolution No. 157-21 to award an Agreement with Baxter & Woodman Inc. for the design of Northwest Neighborhood Improvements pursuant to RFQ No. 2021-022 (Project No. 17-020) in the estimated amount not to exceed $1,632,282. Sponsors: Purchasing Department and Public Works Department Attachments: Agenda Cover Report Executed Agreement - Baxter & Woodman Exhibits - Agreement with Baxter & Woodman Resolution No. 157-21 Legal Review Checklist Baxter and Woodman NW Neighborhood Improvements Project Baxter & Woodman, Inc. RFQ Submittal RFQ No. 2021-022 Scoring Summary 7. REGULAR AGENDA: City of Delray Beach Page 8 Printed on 10/29/2021 City Commission Regular Commission Meeting November 2, 2021 7.A. RATIFICATION OF EMERGENCY REGULATIONS RELATED TO COVID-19 ACTIVATED UNDER CHAPTER 95 OF THE DELRAY BEACH CODE OF ORDINANCES Recommendation: Motion to Ratify the 84th and 85th Extensions of the State of Emergency for COVID -19. Sponsors: City Attorney Department Attachments: Agenda Cover Report 84th extension of state of emergency 10-20-2021 - signed 85th extension of state of emergency 10-27-2021 7.B. APPROVAL OF SEIU COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND SERVICE EMPLOYEES INTERNATIONAL UNION, CTW, CLC, (SEIU) Recommendation: Motion to approve SEIU Collective Bargaining Agreement Sponsors: Human Resources Department Attachments: Agenda Cover Report SEIU CBA 2021 - 2024 SEIU Tentative Agreement 10.21.21 Memo to CM Approval of Collective Bargaining Agreement -3 8. PUBLIC HEARINGS/SECOND READINGS: City of Delray Beach Page 9 Printed on 10/29/2021 City Commission Regular Commission Meeting November 2, 2021 8.A. ORDINANCE NO. 21-21: 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 2.2, “ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS,” SECTION 2.2.4, “THE BOARD OF ADJUSTMENT,” Subsection (B), “Composition,” TO REVISE THE BOARD COMPOSITION REQUIREMENTS from Five to SEVEN regular members, by amending subsection (C) “meetings and quorum,” to require at least one meeting each month, by amending subsection (D), “Duties, power, and responsibilities,” to clarify the duties and responsibilities of the board; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (SECOND READING) Recommendation: Consider Ordinance No. 21-21, a City-initiated request to amend Section 2.2.4 of the Land Development Regulations (LDRs) for the purpose of modifying board composition requirements and duties for the Board of Adjustment. Sponsors: Development Services Department Attachments: Agenda Cover Report Ordinance No. 21-21: Board of Adjustments Ordinance No. 21-21: PZB Staff Report Ordinance No. 21-21: Legal Review 8.B. ORDINANCE NO. 22-21: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY AMENDING CHAPTER 100, “NUISANCES,” SECTION 100.04, “SEAWALLS,” TO ESTABLISH REGULATIONS FOR THE CONSTRUCTION AND MAINTENANCE OF PUBLIC AND PRIVATE SEAWALLS AND PROVIDE FOR GENERAL PENALTIES; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (SECOND READING) Recommendation: Consider Ordinance No. 22-21, a City initiated request to amend Chapter 100, Nuisances, Section 100.04, Seawalls of the Code of Ordinances procedures for enforcement of seawall maintenance standards and a procedure to remedy a violation. Sponsors: Development Services Department Attachments: Agenda Cover Report Ordinance No. 22-21-Amendment to the Code of Ordinances Ordinance No. 22-21-PZB Staff Report City of Delray Beach - Water Level Infrastructure Vulnerability Study Ordinance No. 22-21 Legal Review City of Delray Beach Page 10 Printed on 10/29/2021 City Commission Regular Commission Meeting November 2, 2021 8.C. ORDINANCE NO. 23-21: 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 7, “BUILDING REGULATIONS,” ARTICLE 7.1, “BUILDING REGULATIONS,” SECTION 7.1.7, “SEAWALLS” AND AMENDING ARTICLE 7.9, “DOCKS, DOLPHINS, FINGER PIERS, AND BOAT LIFTS,” SECTION 7.9.5, “STANDARDS FOR APPROVAL,” TO ESTABLISH REGULATIONS FOR THE CONSTRUCTION AND MAINTENANCE OF PUBLIC AND PRIVATE SEAWALLS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (SECOND READING) Recommendation: Consider Ordinance No. 23-21, a City initiated request to amend Section 7.1.7 and Section 7.9.5 of the Land Development Regulations (LDR) to adopt specific regulations for seawall construction and maintenance and related dock elevations. Sponsors: Development Services Department Attachments: Agenda Cover Report Ordinance No. 23-21 Amendment to the Land Development Regulations Ordinance No. 23-21-PZB Staff Report City of Delray Beach - Water Level Infrastructure Vulnerability Study Ordinance No. 23-21 Legal Review 9. FIRST READINGS: City of Delray Beach Page 11 Printed on 10/29/2021 City Commission Regular Commission Meeting November 2, 2021 9.A. ORDINANCE NO. 29-21: 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 (CBD) DISTRICT”, BY AMENDING SUBSECTION (H), “INCENTIVE PROGRAM,” TO SPECIFY THAT PROJECTS CONSISTING OF 0.75 ACRES OR LESS SHALL ONLY BE REQUIRED TO PROVIDE A MINIMUM OF 10 PERCENT WORKFORCE HOUSING UNITS WITHIN THE RAILROAD CORRIDOR SUB-DISTRICT; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (FIRST READING) Recommendation: Review and consider Ordinance No. 29-21 on First Reading, a privately initiated amendment to the Land Development Regulations (LDR) Section 4.4.13(H), Central Business District Incentive Program, to specify that eligible projects consisting of 0.75 acres or less shall only be required to provide a minimum of 10 percent workforce housing units within the Railroad Corridor Sub-district. Sponsors: Development Services Department Attachments: Agenda Cover Report Ordinance No. 29-21 Ordinance No. 29-21: Staff Report Ordinance No. 29-21: Applicant Request Letter Ordinance No. 29-21: Railroad Corridor Sub-district Map Ordinance No. 29-21: 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 12 Printed on 10/29/2021