City Commission

City of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 www.delraybeachfl.gov Regular Commission Meeting Regular Meeting at 4:00 PM Tuesday, July 11, 2023 Commission Chambers Delray Beach City Hall City Commission Mayor Shelly Petrolia Vice Mayor Ryan Boylston Deputy Vice Mayor Rob Long Commissioner Adam Frankel Commissioner Angela Burns  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 11, 2023 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 3.A. Additions, Deletions, Substitutions 4. PRESENTATIONS: 4.A. PRESENTING MARY WOZNY, ASSISTANT SUSTAINABILITY PLANNER, AND DITMAR INGRAM, VIDEOGRAPHER, WITH EMPLOYEE OF THE MONTH FOR MAY 2023. Recommendation: Motion to present Mary Wozny, Assistant Sustainability Planner, and Ditmar Ingram, Videographer, with Employee of the Month for May 2023. Sponsors: Human Resources Department Attachments: EOM Nomination form Mary Wozny and Ditmar Ingram 4.B. TREE PLANTING PROGRAM ANNUAL REPORT Recommendation: Motion to Accept Report. Sponsors: City Manager Department Attachments: Agenda Cover Report 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. Update on Parking Management 5.B. From the Public 6. CONSENT AGENDA: City Manager Recommends Approval City of Delray Beach Page 3 Printed on 7/10/2023 City Commission Regular Commission Meeting July 11, 2023 6.A. CITY COMMISSION MEETING MINUTES Recommendation: Motion to approve meeting minutes as listed below: June 30, 2023 Special Meeting - Closed Attorney/Client Session (Sherman Williams American Legion) June 30, 2023 Special Meeting - Closed Attorney/Client Session (Gretsas) Sponsors: City Clerk Department Attachments: Agenda Cover Report June 30, 2023 Special Meeting Attorney-Client Session - (Sherman Williams American Legion) June 30, 2023 Special Meeting Attorney-Client Session - Gretsas 6.B. APPROVE A PRICE INCREASE WITH MATHESON TRI-GAS, INC., IN THE AMOUNT OF $51,750 ($25,875 RESPECTIVELY PER YEAR) FOR THE TWO (2) RENEWAL TERMS UNDER CITY OF DELRAY BEACH ITB 2021-024. Recommendation: Motion to approve a price increase with Matheson Tri-Gas, Inc., in the amount of $51,750 ($25,875 respectively per year) for the remaining two (2) renewal terms under City of Delray Beach ITB 2021-024. Sponsors: Utilities Department Attachments: Agenda Cover Report City of Delray Beach CO2 Renewal Response with Letter.pdf 6.C. RESOLUTION NO. 117-23 AMENDING THE FISCAL YEAR 2022-23 BUDGET ADOPTED BY RESOLUTION NO. 157-22 ON SEPTEMBER 19, 2022. Recommendation: Motion to Approve Resolution No. 117-23 amending the budget for Fiscal Year 2022-23 adopted on September 19, 2022. Sponsors: Finance Department Attachments: Resolution 117-23 Budget Amendment Exhibit A - FY 2023-24 7.11.2023 Simple Legal Review Approval Reso 117-23 City of Delray Beach Page 4 Printed on 7/10/2023 City Commission Regular Commission Meeting July 11, 2023 6.D. RESOLUTION NO. 109-23: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A MINOR SUBDIVISION APPLICATION FOR A FINAL PLAT FOR A PROPOSED SUBDIVISION KNOWN AS “CASON UNITED METHODIST CHURCH” FOR THE PROPERTY LOCATED AT 342 NORTH SWINTON AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Recommendation: Consider Resolution No. 109-23, a request for certification of a Minor Subdivision, known as "Cason United Methodist Church", for the property located at 342 North Swinton Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution No. 109-23 - Cason United Methodist Church Plat Cason United Methodist Church Plat - Sheet 1 & 2 of Plat Cason United Methodist Church Plat - Survey Cason United Methodist Church Plat - Legal Review Form 6.E. ITEM(S) A1- ACCEPTANCE OF A RIGHT OF WAY DEDICATION BY 202 SE 4TH AVE. Recommendation: Consideration of the following items: Item A1 - Motion to approve and accept a Right of Way Dedication by the owners of 202 SE 4TH Ave. Sponsors: Public Works Department Attachments: Agenda Cover Report A1a - Right-of-Way Deed - 202 SE 4th Ave - Burke.pdf A1b - Sketch and Legal for Right-of-Way - 202 SE 4th Ave - Burke.pdf Legal Review ROW Deed 202 SE 4th Ave - Burke.pdf 6.F. RESOLUTION NO. 96-23: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AND ADOPTING THE UPDATED PROGRAM FOR PUBLIC INFORMATION CONCERNING FLOODPLAIN MANAGEMENT. Recommendation: Motion to Approve Resolution No. 96-23, a Resolution of the City Commission of the City of Delray Beach, approving and adopting the updated program for public information concerning floodplain management. Sponsors: Public Works Department Attachments: Agenda Cover Report Reso 96-23 FINAL 2.FINAL PPI Delray Beach 3. Legal Review Res 96-23 - Adoption of Update to PPI for NFIP CRS Program City of Delray Beach Page 5 Printed on 7/10/2023 City Commission Regular Commission Meeting July 11, 2023 6.G. APPROVAL OF RESOLUTION NO. 89-23 TO AWARD AN AGREEMENT TO DISTRIBUTOR OPERATIONS, INC. D/B/A IBS MID FLORIDA COAST FOR AUTOMOTIVE BATTERIES, UTILIZING VOLUSIA COUNTY SOLICITATION NO. 22-B-164LS IN THE AMOUNT OF $75,000. Recommendation: Motion to approve Resolution No. 89-23 to award an agreement to Distributor Operations, Inc., d/b/a IBS Mid Florida Coast, for automotive batteries in the amount of $75,000, utilizing Volusia County Solicitation No. 22-B-164LS; authorizing the City Manager to approve renewal options, in the amounts below, contingent upon appropriation of funds. Sponsors: Public Works Department Attachments: Agenda Cover Report City of Del Ray Beach Signed Interstate Batteries 06132023 VENDOR SIGNED Resolution No 89-23 Proposal Exhibit A Legal Review Checklist Automotive Batteries 6.H. APPLICATION AND APPROVAL FOR PEDESTRIAN & BICYCLE SAFETY PROGRAM. Recommendation: Motion to approve the application and award from the Institute of Police Technology and Management (IPTM) in the amount not to exceed $65,000 for the pedestrian and bicycle safety education and enforcement program. Sponsors: Police Department Attachments: Agenda Cover Report City of Delray Beach DRAFT Contract - Pedestrian and Bicycle Program Legal Review Form_FDOT Bicycle grant 2023_lw 6.I. PROCLAMATIONS: City of Delray Beach Page 6 Printed on 7/10/2023 City Commission Regular Commission Meeting July 11, 2023 6.I.1 PROCLAMATION: NEXT GENERATION INITIATIVES DAY - THE NEXT GENERATION INITIATIVES IS A CITY OF DELRAY BEACH PROGRAM SET TO INSPIRE GOVERNMENT INNOVATION BY DEVELOPING THE TALENT PIPELINE OF THE NEXT GENERATION OF GOVERNMENT LEADERS. THE CITY OF DELRAY BEACH ENCOURAGES STUDENTS TO PURSUE OUR INTERNSHIP, SHADOW DAY, VOLUNTEER AND APPRENTICESHIP PROGRAMS WHERE STUDENTS TAKE THE OPPORTUNITY TO DEVELOP A VARIETY OF SKILLS AND EXPERIENCE NECESSARY TO START A CAREER IN LOCAL GOVERNMENT. Recommendation: Motion to proclaim July 11, 2023 as Next Generation Initiatives Day in the City of Delray Beach. Sponsors: Human Resources Department Attachments: Agenda Cover Report Commission Meeting - Next Generation Initiatives Powerpoint 2023. Intern Proclamation 2023. 6.I.2. PROCLAMATION: PARKS AND RECREATION MONTH Recommendation: Motion to recognize the month of July as Parks and Recreation Month in Delray Beach, Florida. Sponsors: Parks & Recreation Department Attachments: Agenda Cover Report ParksandRecMonth_proclamation_2023 6.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: City of Delray Beach Page 7 Printed on 7/10/2023 City Commission Regular Commission Meeting July 11, 2023 6.J.1. REPORT OF APPEALABLE DEVELOPMENT APPLICATION ACTIONS FROM JUNE 7, 2023 THROUGH JUNE 28, 2023. Recommendation: By motion, receive and file this report for actions on development application requests from June 7, 2023 through June 28, 2023. Sponsors: Development Services Department Attachments: Agenda Cover Report HPB (6-7) Item 8.A 321 N. Swinton Ave HPB (6-7) Item 8.B 1180-1190 Nassau Street HPB (6-7) Item 8.C -226 N. Swinton Ave. SPRAB (6-28) Item 8.A. 33 SE 3rd Avenue SPRAB (6-28) Item 8.B. McDonalds Linton SPRAB (6-28) Item 8.C McDonalds Military SPRAB (6-28) Item 8.D Pineapple Grove Village SPRAB (6-28) Item 9.A Hamilton Place SPRAB (6-28) Item 9.B Atlantic Crossing SPRAB (6-28) Item 9.C Seagate Country CLub SPRAB (6-28) Item 9.E Delray Isles Townhomes 6.K. AWARD OF BIDS AND CONTRACTS: 6.K.1. None 7. REGULAR AGENDA: 7.A. FISCAL YEAR 2024 PROPOSED MILLAGE RATE Recommendation: Motion to Approve Staff's recommendation that the City Commission set the proposed Millage Rate at 6.3611 mill for operating and 0.1371 mills for debt service for a total of 6.4982 mill. Sponsors: Finance Department Attachments: Agenda Cover Report 2023 TaxRoll Preliminary Media 6.27.2023 7.B. FISCAL YEAR 2024 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 mill for the Downtown Development Authority for Fiscal Year 2024. Sponsors: Downtown Development Authority Attachments: Agenda Cover Report DDA FY2023-2024 1 mill approval for City Review July 2023 City of Delray Beach Page 8 Printed on 7/10/2023 City Commission Regular Commission Meeting July 11, 2023 7.C. RESOLUTION NO. 108-23: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER TO SECTION 4.6.5(C) OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW A 10-FOOT retaining wall FOR THE PROPERTY LOCATED AT 126 seabreeze avenue, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL). Recommendation: Review and consider Resolution No. 108-23, a request for a waiver to LDR Section 4.6.5(C) to construct a seven foot high wall with a three foot decorative aluminum guardrail along the south property line, located at 126 Seabreeze Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution No. 108-23 - 126 Seabreeze Ave 126 Seabreeze Ave - Elevations and Rendering 126 Seabreeze Ave - Existing and Proposed Survey 126 Seabreeze Ave - Applicant Justification Statement 126 Seabreeze Ave - Site Photos 126 Seabreeze Ave - Legal Review Form 7.D. RESOLUTION NO. 111-23: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A FINAL PLAT WITH A WAIVER FOR A MINOR SUBDIVISION KNOWN AS “NAPLETON REPLAT” FOR THE PROPERTY LOCATED AT 348 SOUTH OCEAN BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL) Recommendation: Consider Resolution No. 111-23, a request for final approval of a minor subdivision plat with a waiver for the property located at 348 South Ocean Boulevard, establishing the property as a lot by the “Napleton Replat” with a lot width of 59.40 feet, where 80 feet is required. Sponsors: Development Services Department Attachments: Agenda Cover Report Res. No. 111-23 Napleton Replat Res. No. 111-23 Exhibit B Napleton Replat 348 South Ocean Boulevard - Napleton Replat 348 South Ocean Boulevard - Survey 348 South Ocean Boulevard - waiver Justification Letter 348 South Ocean Boulevard Bond Agreement 348 South Ocean Boulevard -Demolition Site Plan 348 South OCean Boulevard - Existing Photos Simple Legal Review Approval Resolution 111-23 City of Delray Beach Page 9 Printed on 7/10/2023 City Commission Regular Commission Meeting July 11, 2023 7.E. RESOLUTION NO. 116-23: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING A PORTION OF THE UNNAMED, IMPROVED PUBLIC ALLEY RIGHT-OF-WAY LOCATED SOUTH OF SE 2ND STREET AND NORTH OF SE 8TH STREET, EAST OF SE 4TH AVENUE AND WEST OF SE 5TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS OSCEOLA PARK LANE; AND PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Recommendation: Consider Resolution No.116-23, naming the City-owned, improved alley right-of-way south of SE 2nd Street and north of SE 8th Street, east of SE 4th Avenue and west of SE 5th Avenue (“Subject Area”), as Osceola Park Lane. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution No. 116-23, Osceola Park Alley Naming Staff Report, Osceola Park Alley Naming Request Legal Review, Resolution No. 116-23 City of Delray Beach Page 10 Printed on 7/10/2023 City Commission Regular Commission Meeting July 11, 2023 7.F. NOMINATION FOR APPOINTMENT TO THE EDUCATION BOARD Recommendation: Motion to approve the nomination for an appointment for five (5) regular members to serve on the Education Board for a two year term ending July 31, 2025. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Education Board 2023 Attendance Augustin Badet Barthelemy Bennett Biro Burstein Campbell Grant-Straghn Jax Lora Sauer Singer Stefanovic Stark Waldo 7.G. NOMINATION FOR APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD Recommendation: Motion to approve the appointment of two (2) regular members for an appointment to the Green Implementation Advancement Board for a two (2) year term ending July 31, 2025. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Green Implementation Advancement Board Attendance GIAB Ardillo Ferguson O'Conner Stefanovic City of Delray Beach Page 11 Printed on 7/10/2023 City Commission Regular Commission Meeting July 11, 2023 7.H. NOMINATIONS FOR APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD Recommendation: Motion to approve nominations for appointment for two (2) regular members to serve on the Parking Management Advisory Board for a two (2) year term ending July 31, 2025. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Parking Management Advisory Board 2023 Attendance Benson Sayrs Velluzzi Warner 7.I. NOMINATION FOR APPOINTMENT TO THE POLICE ADVISORY BOARD Recommendation: Motion to approve nomination for appointment for six (6) regular members to serve on the Police Advisory Board for a two (2) year term ending July 31, 2025. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Police Advisory Board Attendance Delehanty Feldmanis Lowry Markert Rudowitz Stacey-Wright Strasser Velluzzi Wiggins City of Delray Beach Page 12 Printed on 7/10/2023 City Commission Regular Commission Meeting July 11, 2023 7.J. NOMINATIONS FOR APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD Recommendation: Motion to approve nomination for an appointment for one (1) regular member to serve on the Public Art Advisory Board for two (2) year term ending July 31, 2025. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Public Art Advisory Board 2023 PAAB Attendance Sheet Bennett Delehanty Zengage 8. PUBLIC HEARINGS/SECOND READINGS: 8.A. ORDINANCE NO. 17-23: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING CHAPTER 96, “FIRE SAFETY AND EMERGENCY SERVICES”, SECTION 96.02, “FIRE SAFETY INSPECTIONS” TO REQUIRE ALL FIRE PROTECTION SYSTEM REPORTING TO BE DONE THROUGH THE CITY’S INTERNET-BASED REPORTING SYSTEM; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. (SECOND READING) Sponsors: Fire Rescue Department Attachments: Agenda Cover Report Simple Legal Review Approval Fire Reporting Fire Reporting Ordinance 4.25.23 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 13 Printed on 7/10/2023 City Commission Regular Commission Meeting July 11, 2023 City of Delray Beach Page 14 Printed on 7/10/2023