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, January 4, 2022 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 January 4, 2022 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL A. Additions, Deletions, Substitutions 4. PRESENTATIONS: 4.A. None 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. Fiscal Year 2021-2022 Approved Annual Budget Document for Submission to the Government Finance Officers Association 5.A.2. Updated Direction for Interim Daily Operations for the Old School Square Complex 5.A.3. Clarity Regarding Contractual Relationship with Oceanside Beach Services Inc. 5.A.4. Current construction projects and resulting inconveniences 5.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: September 23, 2021 Regular City Commission Meeting Minutes Sponsors: City Clerk Department Attachments: Agenda Cover Report September 23, 2021 Regular Commission Meeting Draft- FINAL VERSION w- Corrections by KJ City of Delray Beach Page 3 Printed on 12/29/2021 City Commission Regular Commission Meeting January 4, 2022 6.B. APPROVAL OF AGREEMENT FOR UNDERGROUND UTILITIES BETWEEN THE CITY OF DELRAY BEACH AND SUNDY VILLAGE WEST, LLC, AND APPROVAL OF RIGHT-OF-WAY AGREEMENT FOR UNDERGROUND CONVERSION OF ELECTRIC UTILITY FACILITIES BETWEEN THE CITY OF DELRAY BEACH AND FPL FOR THE PROJECT KNOWN AS SUNDY VILLAGE. Recommendation: Motion to Approve Agreement for Underground Utilities Between the City of Delray Beach and Sundy Village West, LLC, and to Approve Right-Of-Way Agreement for Underground Conversion of Electric Utility Facilities between the City of Delray Beach and FPL for the Project Known as Sundy Village. Sponsors: City Attorney Department Attachments: Agenda Cover Report Agreement for Underground Utilities-signed by Developer-with exhibits Right-of-Way Agreement for Underground Conversion of Electric Utility Facilities 6.C. ACCEPTING TWO LANDSCAPE MAINTENANCE AGREEMENTS AND APPROVE THE FINAL (MAJOR) SUBDIVISION REPLAT OF A PORTION OF BLOCK 98, CITY OF DELRAY BEACH (FORMERLY THE TOWN OF LINTON, FLORIDA) RECORDED IN PLAT BOOK 1, PAGE 3, AND ALL OF LOTS 22 AND 23 AND PORTIONS OF LOTS 30, 31, 32, AND 33, BLOCK 98, L.R. BENJAMIN'S SUBDIVISION RECORDED IN PALM BEACH COUNTY PLAT BOOK 12, PAGE 18. Recommendation: Review and consider two landscape maintenance agreements, as presented, and the Final (Major) Plat for PHG Delray, with addresses 401 NE 2nd Street, 200 NE 5th Avenue, and 234 NE 5th Avenue, and an unaddressed vacant parcel generally located at the northwest corner of NE 2nd Street and NE 5th Avenue, 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 PHG Delray - Final Plat PHG Delray - PZB Staff Report PHG Delray - Location Map PHG Delray - Survey PHG Delray - NE 2nd Street and NE 4th Avenue Landscape Maintenance Agreement PHG Delray - NE 5th Avenue Landscape Maintenance Agreement Legal Review LMA for 325 and 343 NE 5th Ave City of Delray Beach Page 4 Printed on 12/29/2021 City Commission Regular Commission Meeting January 4, 2022 6.D. RESOLUTION NO. 05-22 AMENDING THE FISCAL YEAR 2021-22 BUDGET ADOPTED BY RESOLUTION NO. 141-21 ON SEPTEMBER 23, 2021 Recommendation: Motion to adopt Resolution No. 05-22 amending the budget for Fiscal Year 2021-22 adopted on September 23, 2021 Sponsors: Finance Department Attachments: Agenda Cover Report CNS Budget Resolution No. 05-22 Exhibit A Budget Amendment - FY 2022 Litter Prevention Officer - Budget Amdendment 12-13-21 Finance Memo - Budget Amendment - Clean Safe Patroller Simple Legal Review Approval Budget Resolution_ 6.E. MOA-URBAN SEARCH AND RESCUE FLORIDA TASK FORCE II Recommendation: Motion to approve the MOA for the Urban Search and Rescue Florida Task Force II. Sponsors: Fire Rescue Department Attachments: Agenda Cover Report MOA from Program Manager Printout-9542-1144-M84873 USAR FLTF2 MOA Current and Anticipated Participating Agencies - Exhibit B USARFLTF2 MOA Current and Anticipated Participating Angencies - Exhibit A Simple Legal Review Search and Rescue MOA 6.F. REVOCABLE LICENSE AGREEMENT/CHRISTIANS REACHING OUT TO SOCIETY, INC. (CROS) Recommendation: Motion to approve the Agreement between the City of Delray Beach (City) and the CHRISTIANS REACHING OUT TO SOCIETY, INC. (CROS). Sponsors: Neighborhood & Community Services Attachments: Agenda Cover Report Legal Review Revocable License Agreement with Christians Reaching Out to Society Revocable License Agreement 2021 CROS, Inc. A 6.G. REVOCABLE LICENSE AGREEMENT/DELRAY BEACH COMMUNITY LAND TRUST (DBCLT) Recommendation: Motion to approve the Agreement between the City of Delray Beach (City) and the Delray Beach Community Land Trust. Sponsors: Neighborhood & Community Services Attachments: Agenda Cover Report Legal Review Revocable License Agreement with DBCLT Revocable License Agreement 2021 Delray Beach Community Land Trust City of Delray Beach Page 5 Printed on 12/29/2021 City Commission Regular Commission Meeting January 4, 2022 6.H. REVOCABLE LICENSE AGREEMENT/LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. Recommendation: Motion to approve the Agreement between the City of Delray Beach (City) and the Legal Aid Society of Palm Beach County, Inc. Sponsors: Neighborhood & Community Services Attachments: Agenda Cover Report Legal Review Revocable License Agreement with Legal Aid Society of Palm Beach County Revocable License Agreement 2021 Legal Aid Society PBC 6.I. REVOCABLE LICENSE AGREEMENT/ TRIPLE THREAT DBA AMERICAN ACADEMY Recommendation: Motion to approve the Agreement between the City of Delray Beach (City) and Triple Threat DBA American Academy. Sponsors: Neighborhood & Community Services Attachments: Agenda Cover Report Legal Review Revocable License Agreement with Triple Threat DBA American Academy Revocable License Agreement 2021 Triple Threat Inc DBA American Academy 6.J. REVOCABLE LICENSE AGREEMENT/ URBAN LEAGUE OF PALM BEACH COUNTY, INC. Recommendation: Motion to approve the Agreement between the City of Delray Beach (City) and the Urban League of Palm Beach County, Inc. Sponsors: Neighborhood & Community Services Attachments: Agenda Cover Report Legal Review Revocable License Agreement with Urban League of Palm Beach County Revocable License Agreement 2021 Urban League of PBC 6.K. APPROVAL OF RESOLUTION NO. 08-22 TO INCREASE PURCHASE ORDER NO. 2022-0000010 IN THE NOT TO EXCEED AMOUNT OF $40,000 FOR PURCHASE OF FERRIC CHLORIDE SUPPLY AND DELIVERY Recommendation: Motion to approve Resolution No. 08-22 to increase Purchase Order No. 2022-0000010 in the not to exceed amount of $40,000 for the purchase of ferric chloride supply and delivery. Sponsors: Utilities Department Attachments: Agenda Cover Report 21-1215_Bid Waiver Memo Additional Request_PVS - signed Simple Legal Review Approval Resolution to Issue P.O. for Purchase of Ferric Chloride RESOLUTION NO. 08-22 City of Delray Beach Page 6 Printed on 12/29/2021 City Commission Regular Commission Meeting January 4, 2022 6.L. RETROACTIVELY APPROVE FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY FOR RENTAL OF CITY OWNED ANTENNA AND EQUIPMENT ON SCHOOL BOARD COMMUNICATION TOWERS. Recommendation: Motion to retroactively approve First Amendment to Interlocal Agreement between the City of Delray Beach and the School Board of Palm Beach County for rental of City owned antenna equipment on School Board Communication Towers. Sponsors: Utilities Department Attachments: Agenda Cover Report Simple Legal Review Approval Antenna Equipment.pdf First Amendment to ILA Partially Executed 11 16 2021.pdf 6.M. PROCLAMATIONS: 6.M.1. BEACH KEEPERS INC. DAY PROCLAMATION Recommendation: Consideration of the following items: Motion to proclaim January 4, 2022 Beach Keepers Inc. Day . Sponsors: Public Works Department Attachments: Agenda Cover Report Beach Keepers Proclamation 6.M.2. NATIONAL MENTORING MONTH PROCLAMATION Recommendation: Motion to proclaim the month of January as National Mentoring Month. Sponsors: City Clerk Department Attachments: Agenda Cover Report National Mentoring Month 6.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: City of Delray Beach Page 7 Printed on 12/29/2021 City Commission Regular Commission Meeting January 4, 2022 6.N.1. REPORT OF APPEALABLE LAND USE ITEMS FROM DECEMBER 6, THROUGH DECEMBER 31, 2021. Recommendation: By motion, receive and file this report. Sponsors: Development Services Department Attachments: Agenda Cover Report Agenda Cover Report Appealable Items Map A - Delhaven Condo B - Atlantic Crossing C - 504 NE 5th Avenue D - Rove Salon E - Tzikas Medical Building F - Churchill Condominium G - Parks at Delray 6.O. AWARD OF BIDS AND CONTRACTS: 6.O.1. None 7. REGULAR AGENDA: 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 92nd, 93rd, and 94th Extensions of the State of Emergency for COVID-19. Sponsors: City Attorney Department Attachments: Agenda Cover Report 92nd extension of state of emergency 12-15-2021 - signed 93rd extension of state of emergency 12-22-2021 - signed 94th extension of state of emergency 12-29-2021 - signed City of Delray Beach Page 8 Printed on 12/29/2021 City Commission Regular Commission Meeting January 4, 2022 7.B. NOMINATIONS FOR APPOINTMENT TO THE CODE ENFORCEMENT BOARD Recommendation: Motion to approve nominations for an appointment for three (3) regular members and two (2) alternate members to serve on the Code Enforcement Board for a term ending January 14, 2025. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Code Enforcement Board 2021 Code Enforcement Attendance form 2021 (003) Butera Coppola Jonas Lee lubin Rose 8. PUBLIC HEARINGS/SECOND READINGS: 8.A. None 9. FIRST READINGS: City of Delray Beach Page 9 Printed on 12/29/2021 City Commission Regular Commission Meeting January 4, 2022 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 10 Printed on 12/29/2021