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 11, 2022 Commission Chambers Delray Beach City Hall or Watch on YouTube: https://www.youtube.com/channel/UCc2j0JhnR8Hx0Hj13RhCJag/ 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 11, 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. Introduction of New Assistant City Manager Mr. Jeffrey L. Oris 5.A.2. Follow-up report on current COVID-19 epidemiology analysis 5.A.3. Utilities Cross Connection Policy Matters 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 Commission Meeting September 28, 2021 - Special Meeting (Closed Attorney/Client Session) Sponsors: City Clerk Department Attachments: Agenda Cover Report September 23, 2021 Regular Commission Meeting-FINAL VERSION w-Corrections September 28, 2021 - Special Meeting Attorney Client Session City of Delray Beach Page 3 Printed on 1/11/2022 City Commission Regular Commission Meeting January 11, 2022 6.B. RESOLUTION NO. 09-22 AMENDING THE FISCAL YEAR 2021-22 BUDGET ADOPTED BY RESOLUTION NO. 141-21 ON SEPTEMBER 23, 2021 Recommendation: Motion to adopt Resolution No. 09-22 amending the budget for Fiscal Year 2021-22 adopted on September 23, 2021. Sponsors: Finance Department Attachments: Agenda Cover Report DBPD Budget Resolution No. 09-22 lg rev Exhibit A Budget Amendment - Reso 09-22 Finance Memo - Budget Amendment - Service Population Advocate position Simple Legal Review Approval Resolution 09-22 6.C. APPROVE AMENDMENT 2 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 2020/21 Recommendation: Approve Amendment 2 of the Interlocal Agreement (ILA) between the City of Delray Beach (City) and the Delray Beach Community Redevelopment Agency (CRA) to fund Fiscal Year 2020/21 Capital Projects as described in Exhibit A of the attached agreement for Fiscal Year 2020/21. Sponsors: Public Works Department Attachments: Agenda Cover Report PE - 2nd Amendment to CIP ILA FY21-22 (002) Legal Review Checklist Amd #2 to ILA with CRA for Contruction Professional Services Funding 2020-2021 City of Delray Beach Page 4 Printed on 1/11/2022 City Commission Regular Commission Meeting January 11, 2022 6.D. ITEM(S) A1 AND B1- ACCEPTANCE OF A RIGHT OF-WAY DEDICATION BY 248 NE 7TH AVE. AND ACCEPTANCE OF A GENERAL UTILITY EASEMENT AGREEMENT BY 1158 LOWRY ST. 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 248 NE 7th Ave. to the City of Delray Beach. GENERAL UTILITY EASEMENT(S) Items B Item B1 - Motion to approve and accept a General Utility Easement Dedication by the owner(s) of 1158 Lowry St. to the City of Delray Beach. Sponsors: Public Works Department Attachments: Agenda Cover Report Item (A1a) ROW Deed - 248 NE 7th Ave. - 612 Manor LLC Item (A1b) Exhibit A & Survey - 248 NE 7th Ave Item (B1a) General Utility Easement - 1158 Lowry St. - 1158 Lowry LLC Item (B1b) Exhibit A & Survey- 1158 Lowry St. Legal Reviews (2) City of Delray Beach Page 5 Printed on 1/11/2022 City Commission Regular Commission Meeting January 11, 2022 6.E. DELRAY RIDGE PLAT: CERTIFICATION OF THE FINAL PLAT, A MAJOR SUBDIVISION, KNOWN AS "DELRAY RIDGE," GENERALLY LOCATED AT THE NORTHEAST CORNER OF NORTH SWINTON AVENUE AND NE 22ND STREET, INCLUDING THE ASSOCIATED TREE DISPOSITION PLAN. Recommendation: Review and consider certification of the final plat, a major subdivision, known as "Delray Ridge," generally located at the northeast corner of North Swinton Avenue and NE 22nd Avenue and the associated Tree Disposition Plan. Sponsors: Development Services Department Attachments: Agenda Cover Report Delray Ridge Plat: Sheets 1 and 2 Delray Ridge Plat: PZB Staff Report Delray Ridge Plat: Tree Preservation Survey Delray Ridge Plat: Landscape Plans Delray Ridge Plat: Arborist Report Delray Ridge Plat: Paving, Grading, Drainage Plans Delray Ridge Plat: PBC Traffic Review Delray Ridge Plat: Environmental Assessment Report 6.F. APPROVAL OF STATE HOMELAND SECURITY GRANT PROGRAM AGREEMENT RENEWAL WITH THE STATE OF FLORIDA, WHICH HAS THE STATUTORY AUTHORITY TO DISBURSE FEDERAL HOMELAND SECURITY FUNDS TO PARTICIPATING MUNICIPALITIES OF A REGIONAL DOMESTIC SECURITY TASK FORCE (RDSTF). Recommendation: Staff recommends the approval of the State Homeland Security Grant Program (SHSGP) agreement renewal to facilitate additional reimbursement of funds to offset the expenses incurred by the City to sustain and purchase specialized equipment for mitigating Hazardous Materials incidents. Sponsors: Fire Rescue Department Attachments: Agenda Cover Report FY2021 SHSGP - Federally Funded SubGrant Agreement - City of Delray Beach - R0518 Resolution 02-22 Grant Agreement for SHSGP Legal Review SHSGP Grant Agreement FY2021 6.G. PROCLAMATIONS City of Delray Beach Page 6 Printed on 1/11/2022 City Commission Regular Commission Meeting January 11, 2022 6.G.1. MARTIN LUTHER KING, JR. DAY PROCLAMATION Recommendation: Motion to proclaim January 17, 2022 as Dr. Martin Luther King, Jr. Day of Service. Sponsors: City Clerk Department Attachments: Agenda Cover Report MARTIN LUTHER KING JR. DAY 2022 6.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS 6.H.1. None 6.I. AWARD OF BIDS AND CONTRACTS: 6.I.1. APPROVAL OF RESOLUTION NO. 12-22 TO AWARD AN AGREEMENT WITH MARCUM LLP FOR EXTERNAL FINANCIAL AUDITING SERVICES FOR THE FINANCE DEPARTMENT (RFP NO. 2019-043) IN THE ESTIMATED AMOUNT OF $749,900 FOR THE INITIAL FOUR-YEAR TERM Recommendation: Motion to approve Resolution No. 12-22 to award an Agreement with Marcum LLP for the annual financial auditing services in the estimated amount of $749,700 for the initial four-year term and authorize the City Manager to exercise renewal options in the amounts below, contingent upon appropriation of funds. Sponsors: Finance Department and Purchasing Department Attachments: Agenda Cover Report Legal Review Checklist form v. 7 WMB 3 5 2021 Marcum LLP Resolution 12-22 Financial Auditing Services - Marcum LLP lg rev Delray - Marcum LLP Agreement 7. REGULAR AGENDA City of Delray Beach Page 7 Printed on 1/11/2022 City Commission Regular Commission Meeting January 11, 2022 7.A. RESOLUTION NO. 10-22: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER REQUEST TO SECTION 4.6.5(C) OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW INSTALLATION OF A SIX (6) FOOT TALL FENCE ON TOP OF A TWO (2) FOOT HIGH BERM SURROUNDING THE PROPERTY LOCATED AT 1314 NORTH FEDERAL HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI JUDICIAL) Recommendation: Review and consider Resolution No. 10-22 for a waiver to the Land Development Regulations (LDR) Section 4.6.5(C)(4) to allow for a 6-foot tall fence to be installed on top of a 2-foot high berm surrounding the property located at 1314 North Federal Highway. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution No. 10-22 Applicant Justification Statement Site Plan Simple Legal Review Approval 10-22 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 Resolution 188-21: Requiring the Use of Facial Coverings in City Governmental Facilities. Sponsors: City Attorney Department Attachments: Agenda Cover Report Res. No. 188-21 7.C. APPROVE APPLICATION FOR FUNDING THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) ASSISTANCE TO FIREFIGHTERS GRANT (AFG) PROGRAM FOR TWO PROJECTS - ONE LIGHT AND AIR SUPPORT VEHICLE; AND ONE RESCUE BOAT. Recommendation: Motion to approve and allow the Fire Rescue Department to submit an Assistance to Firefighters Grant (AFG) application for Funding Opportunity Number DHS-21-GPD-044-00-98. The application includes the following two projects: one Air & Light Support Vehicle and one Rescue Boat. Sponsors: Fire Rescue Department Attachments: Agenda Cover Report fema_fy21-afg-nofo.pdf Simple Legal Review Approval Application for AFG grant for Light and Air Truck and Rescue Boat.pdf City of Delray Beach Page 8 Printed on 1/11/2022 City Commission Regular Commission Meeting January 11, 2022 7.D. RESOLUTION NO. 06-22: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CONSENTING TO THE REVOCATION OF A DEDICATION MADE BY SHERWOOD PARK GOLF, INC, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Recommendation: Consider Resolution No. 06-22, a request to terminate the dedication of 170 Sherwood Forest Drive as an executive golf course, associated with the proposed redevelopment of the 37.31-acre Sherwood Golf Course as a 79-unit single-family home development. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution No. 06-22 Resolution No. 06-22, Exhibit C: Sherwood Dedication Resolution No. 06-22, Exhibit D: Consent of Association Resolution No. 06-22, Exhibit E: Dedication Termination PZB Staff Report (LUMA, RZ and MDP) Resolution No. 06-22 Legal Review 8. PUBLIC HEARINGS/SECOND READINGS City of Delray Beach Page 9 Printed on 1/11/2022 City Commission Regular Commission Meeting January 11, 2022 8.A. ORDINANCE NO. 31-21: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A SMALL-SCALE LAND USE MAP AMENDMENT FOR A PARCEL OF LAND LOCATED AT 170 SHERWOOD FOREST DRIVE, WHICH MEASURES APPROXIMATELY 37.31± ACRES AS MORE PARTICULARLY DESCRIBED HEREIN, RE-DESIGNATING SAID LAND FROM OPEN SPACE (OS) TO LOW DENSITY (LD), PURSUANT TO THE PROVISIONS OF THE “COMMUNITY PLANNING ACT”, FLORIDA STATUTES SECTION 163.3187; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING / PUBLIC HEARING) Recommendation: Consider Ordinance No. 31-21, a privately initiated request associated with the proposed redevelopment of the 37.31-acre Sherwood Golf Course as a 79-unit single-family home development located at 170 Sherwood Forest Drive, to amend the Land Use Map designation from Open Space (OS) to Low Density (LD). Sponsors: Development Services Department Attachments: Agenda Cover Report 170 Sherwood: Staff Report 170 Sherwood: Ordinance No. 31-21 (LUMA) 170 Sherwood: Project Narrative (LUMA) 170 Sherwood: Master Development Plan 170 Sherwood: Traffic Report 170 Sherwood: Traffic - PBC TPS Approval 170 Sherwood: Existing and Proposed Land Use and Zoning 170 Sherwood: Signed Board Order 170 Sherwood: Legal Review City of Delray Beach Page 10 Printed on 1/11/2022 City Commission Regular Commission Meeting January 11, 2022 8.B. ORDINANCE NO. 32-21: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED OPEN SPACE & RECREATION (OSR) DISTRICT TO PLANNED RESIDENTIAL DEVELOPMENT, FOR A DEVELOPMENT TO BE KNOWN AS THE ENCLAVE AT SHERWOOD, LOCATED SOUTH OF WEST ATLANTIC AVENUE AND EAST OF SOUTH MILITARY TRAIL, WHICH MEASURES APPROXIMATELY 37.31± ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "CITY OF DELRAY BEACH, ZONING MAP, JULY 6, 2021"; PROVIDING A CONFLICTS CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING/PUBLIC HEARING) Recommendation: Consider Ordinance No. 32-21, a privately initiated request associated with the proposed redevelopment of the 37.31-acre Sherwood Golf Course as a 79-unit single-family home development located at 170 Sherwood Forest Drive, to rezone the property from Open Space Recreation (OSR) to Planned Residential Development (PRD). Sponsors: Development Services Department Attachments: Agenda Cover Report 170 Sherwood: Staff Report 170 Sherwood: Ordinance No. 32-21 (Rezoning) 170 Sherwood: Project Narrative (Rezoning) 170 Sherwood: Plans - Master Development Plan 170 Sherwood: Plans - Site Plan 170 Sherwood: Plans - Landscape Plan 170 Sherwood: Traffic Report 170 Sherwood: Traffic - PBC TPS Approval 170 Sherwood: Existing and Proposed Land Use and Zoning 170 Sherwood: Signed Board Order 170 Sherwood: Legal Review City of Delray Beach Page 11 Printed on 1/11/2022 City Commission Regular Commission Meeting January 11, 2022 8.C. 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 - Code of Ordinances (Seawalls) Ordinance No. 22-21 - PZB Staff Report City of Delray Beach - Water Level Infrastructure Vulnerability Study Ordinance No. 22-21 Legal Review 8.D. 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 - Land Development Regulations (Seawalls) 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 12 Printed on 1/11/2022 City Commission Regular Commission Meeting January 11, 2022 9.A. ORDINANCE NO. 01-22: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING APPROXIMATELY 1.78± ACRES OF LAND LOCATED SOUTH OF WEST ATLANTIC AVENUE AND WEST OF SOUTH MILITARY TRAIL FROM planned office center (POC) DISTRICT TO GENERAL COMMERCIAL (GC) DISTRICT, FOR THE PROPERTY LOCATED AT 5200 WEST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "CITY OF DELRAY BEACH ZONING MAP, JULY 6, 2021"; PROVIDING A CONFLICTS CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (FIRST READING). Recommendation: Review and consider Ordinance No. 01-22, a privately initiated request to rezone the property located at 5200 West Atlantic Avenue from Planned Office Center (POC) to General Commercial (GC). Sponsors: Development Services Department Attachments: Agenda Cover Report 5200 West Atlantic Ave - Ordinance No. 01-22 5200 West Atlantic Ave - PZB Staff Report 5200 West Atlantic Ave - Applicant Justification Statement 5200 West Atlantic Ave - Traffic Study 5200 West Atlantic Ave - Existing and Proposed Zoning 5200 West Atlantic Ave - 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 13 Printed on 1/11/2022