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, May 5, 2020 Commission Chambers Delray Beach City Hall City Commission Mayor Shelly Petrolia Vice Mayor Ryan Boylston Deputy Vice Mayor Shirley Ervin Johnson Commissioner Adam Frankel Commissioner Juli Casale  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 May 5, 2020 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. CITY COMMISSION MEETING PROCEDURES UTILIZING COMMUNICATIONS MEDIA TECHNOLOGY (CMT) 3.A. REVIEW AND ADOPTION OF DELRAY BEACH CITY COMMISSION MEETING PROCEDURES UTILIZING COMMUNICATIONS MEDIA TECHNOLOGY (CMT) Recommendation: Motion to approve and adopt the meeting procedures utilizing Communications Media Technology. Sponsors: City Attorney Department Attachments: Agenda Cover Report City Commission Local Rules - CMT meetings pursuant to EO 20-69 (002) final 4-27-2020 (003) 4. AGENDA APPROVAL 5. PRESENTATIONS: 5.A. None 6. 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 7. CONSENT AGENDA: City Manager Recommends Approval City of Delray Beach Page 3 Printed on 5/1/2020 City Commission Regular Commission Meeting May 5, 2020 7.A. CITY COMMISSION MEETING MINUTES Recommendation: Motion to approve meeting minutes as listed below: March 3, 2020 Regular City Commission Meeting Minutes March 13, 2020 Emergency City Commission Special Meeting-COVID 19 Minutes March 31, 2020 Election Results Special Meeting Minutes March 31, 2020 Annual Organizational/Regular City Commission Meeting Minutes Sponsors: City Clerk Department Attachments: Agenda Cover Report March 3, 2020 Regular City Commission Minutes_DRAFT March 13, 2020 Emergency COVID-19 Special City Commission Meeting Minutes_DRAFT March 31, 2020 Election Results Special Meeting Minutes_DRAFT March 31, 2020 Annual Organizational-Regular City Commission Meeting Minutes 7.B. REQUEST FOR SUBORDINATION OF SECOND MORTGAGE FOR 49 NW 13th AVENUE Recommendation: Motion to Approve a request for the City to subordinate its second mortgage position in the amount of $23,100 for the property located at 49 NW 13th Avenue. Sponsors: Community Improvement Attachments: Agenda Cover Report Legal Review Subordination Agreement Jackson Edmond Subordination Agreement for Refinance -Edmond G. DRAFT G. Edmond Interest Loan Term Analysis 7.C. ACCEPTANCE OF A TOTAL OF 623 SQUARE FOOT EASEMENT DEED FOR PEDESTRIAN CLEAR ZONE LOCATED AT A PORTION OF LOTS 15, 16, 17, BLOCK 117 MAP OF THE TOWN OF LINTON, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM PR-RE I, LLC, "THE GRANTOR", FOR THE SUBJECT PROPERTY LOCATED AT 640 E. ATLANTIC AVENUE (PROJECT APPROVED AS "HAWKERS ASIAN STREET FARE) Recommendation: Acceptance of a Easement Deed for Pedestrian Clear Zone for Hawkers Asian Street Fare located at 640 E. Atlantic Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report Easement Deed for Pedestrian Clear Zone - 640 E. Atlantic Avenue Simple Legal Review PSE PR RE I LLC City of Delray Beach Page 4 Printed on 5/1/2020 City Commission Regular Commission Meeting May 5, 2020 7.D. ACCEPTANCE OF A TOTAL OF A 74 SQUARE FOOT EASEMENT DEED FOR A PEDESTRIAN CLEAR ZONE, 116 SQUARE FOOT RIGHT OF WAY DEDICATION TO THE ALLEY AND A LANDSCAPE MAINTENANCE AGREEMENT FOR THE TREES LOCATED ON SE 2ND AVENUE OF THE PROPERTY LOCATED AT LOT 14, BLOCK 78, MAP OF THE TOWN OF LINTON (KNOWN AS DELRAY BEACH), ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FROM BROSEN 1 DELRAY LLC "THE GRANTOR" FOR THE SUBJECT PROPERTY LOCATED AT 166 SE 2ND AVE. Recommendation: Acceptance of an Easement Deed for a Pedestrian Clear Zone, Right-of-Way Dedication, and Landscape Maintenance Agreement for 166 SE 2nd Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report Landscape Maintenance Agreement Legal Review Landscape Maintenance Agreement Brosen 1 Delray Pedestrian Clear Zone Easement Deed Legal Review Pedestrian Clear Zone Easment Brosen 1 Delray Right of Way Deed Legal Review Right of Way Deed Bronsen I Delray ROW 7.E. APPROVAL TO ACCEPT THE FY 2018 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) # EMW-2018-FH-00601 IN THE AMOUNT OF $1,639,040.80 IN FEDERAL FUNDING FROM THE DEPARTMENT OF HOMELAND SECURITY. Recommendation: Staff recommends the approval to accept grant funding from the FY 2018 Staffing for Adequate Fire and Emergency Response. Sponsors: Fire Rescue Department Attachments: Agenda Cover Report EMW-2018-FH-00601 - Award Package (3) - Revised 11-8-19 Simple Legal Review Approval -SAFER approval City of Delray Beach Page 5 Printed on 5/1/2020 City Commission Regular Commission Meeting May 5, 2020 7.F. APPROVAL TO SUBMIT APPLICATION FOR FLORIDA DEPARTMENT OF LAW ENFORCEMENT FY 2019 FIBRS IMPLEMENTATION ASSISTANCE PROGRAM Recommendation: Motion to approve application for Florida Department of Law Enforcement FY 2019 FIBRS Implementation Assistance Program Sponsors: Police Department Attachments: Agenda Cover Report FDLE CJIS FIBRS Grant Solicitation FDLE Risk Assessment Central Square cost estimates for FL UCR to FIBRS transition Central Square 4-14-2020 Delray Beach PD FIBRS PM - FIBRS LINX PROJECT PROPOSAL Legal Review Form_FDLE FIBRS Grant 7.G. APPROVAL TO SUBMIT APPLICATION UNDER THE FY 2020 LAW ENFORCEMENT MENTAL HEALTH AND WELLNESS ACT (LEMHWA) PROGRAM Recommendation: Motion to approve application under the FY 2020 Law Enforcement Mental Health and Wellness Act (LEMHWA) Program Sponsors: Police Department Attachments: Agenda Cover Report WS00429498-COPS_Sh_ApplicationAttachment_2_5-V2.5 WS00429498-SF424_2_1-V2.1 LEMHWA Legal Review Form_LEMHWA Program Grant Application City of Delray Beach Page 6 Printed on 5/1/2020 City Commission Regular Commission Meeting May 5, 2020 7.H. ITEMS A1, B1,C1, D1,- ACCEPTANCE OF RIGHT OF WAY DEDICATIONS FOR 1021 NW 5TH AVE AND 166 SE 2ND AVE, AGREEMENT FOR SIDEWALK IMPROVEMENT AND REFUND RELEASE FOR 1031 WHITE DRIVE, STREETLIGHT MAINTENANCE AGREEMENT FOR 202 SE 5TH AVE, AND A HOLD HARMLESS AGREEMENT FOR 901 SE 4TH AVE. Recommendation: Consideration of the following items: RIGHT OF WAY DEED(S) Items A (A1) Motion to approve and accept a 25’ Radial Right of Way dedication by the owner(s) of 1021 NW 5th Ave. to the City of Delray Beach. AGREEMENT FOR SIDEWALK IMPROVEMENT, IN LIEU FEE RELEASE, AND REFUND TO BARRY AND ANN CHODASH Items B (B1) Motion to approve and accept an Agreement for sidewalk improvements and the refund of a Sidewalk in lieu fee of $3,024.00, to the owner(s) of 1031 White Drive to the City of Delray Beach. STREETLIGHT MAINTENANCE AGREEMENT Items C (C1) Motion to approve and accept a Streetlight Maintenance Agreement with owner(s), Samar 202 LLC, to install, operate and maintain streetlights bordering the property located at 202 SE 5TH Ave. within the rights-of-way of SE 5th Avenue, SE 2nd St. and SE 3rd St. HOLD HARMLESS AGREEMENT Items D (D1) Motion to approve and accept a Hold Harmless Agreement between the owner, Albert D. Thorp, Jr. and the City of Delray Beach, for the encroachment of an existing structure located at 901 SE 4th Ave into the City’s City of Delray Beach Page 7 Printed on 5/1/2020 City Commission Regular Commission Meeting May 5, 2020 right-of-way. Sponsors: Public Works Department - Programs & Project Management Attachments: Agenda Cover Report Item (1)1 Legal Review Forms Attached Item (A1a) ROW Deed - 1021 NW 5th Ave. Item (A1b) Exhibit A Sketch - 1021 NW 5th Ave. Item (B1a) 2020 Notarized Sidewalk Agreement Item (B1b) Sufficient to Proceed - City Att- 1031 White Dr. Item (B1c) Refund Account Number - 1031 White Dr. Item (B1d) Sidewalk Refund Doc Backup. - 1031 White Dr. Item (C1a) SE 5th Ave,2nd St, SE 3rd St. SMAgreement Item (C1b) Legal Review Form for StreetMaint.Agreement Item (C1c) Exhibit A Sketch StreetLight Maint. Agreement Item (D1a)Hold Harmless Agreement - 901 SE 4th Ave. Item (D1b) Simple Legal Review Approval- 901 SE 4th Ave. Item (D1c) Exhibit A Sketch - 901 SE 4th Ave. 7.I. APPROVAL OF AMENDMENT NO. 1 WITH ALEXIS KNIGHT ARCHITECT, INC. RENEWING THE CITY’S AGREEMENT FOR ARCHITECTURAL COMPLIANCE REVIEW SERVICES (RFQ 2017-054) - $48,000 Recommendation: Motion to Approve Amendment No. 1 with Alexis Knight Architect, Inc. to renew the Agreement under the same terms and conditions in the amount of $48,000. Sponsors: Development Services Department and Purchasing Department Attachments: Agenda Cover Report Legal Review Checklist Alexis Knight 2017-054- AS Amendment Renewal - Executed 7.J. PROCLAMATIONS: 7.J.1. None 7.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: City of Delray Beach Page 8 Printed on 5/1/2020 City Commission Regular Commission Meeting May 5, 2020 7.K.1. REPORT OF APPEALABLE LAND USE ITEMS FROM FEBRUARY 17, THROUGH MAY 1, 2020. Recommendation: By motion, receive and file this report. Sponsors: Development Services Department Attachments: Agenda Cover Report Appealable Items Map A - Appealable Report: PHG Delray; 200 NE 5th Avenue B - Appealable Report: 150 Marine Way C - Appealable Report: 1300 NW 17th Avenue D - Appealable Report: 453 Canal PT S 1420 E - Appealable Report: Taquiza:166 SE 2nd Avenue 7.L. AWARD OF BIDS AND CONTRACTS: 7.L.1. APPROVAL OF RESOLUTION NO. 12-20 A BID WAIVER TO AWARD AN AGREEMENT AND RETROACTIVE APPROVAL OF INVOICE # 11154 IN THE AMOUNT OF $26,458 WITH GOVERNMENTJOBS.COM, INC. DBA NEOGOV FOR THE ONLINE RECRUITMENT AND PERFORMANCE MANAGEMENT SERVICES FOR THE HUMAN RESOURCES DEPARTMENT. Recommendation: Motion to approve Resolution No. 12-20 a Bid Waiver to award an Agreement and retroactive approval of invoice #11154 in the amount of $26,458 with Government jobs.com dba NeoGov for Online Recruitment and Performance Management Services for the Human Resources Department for the agreement term and authorize the City Manager to exercise renewal options, in the amounts below, contingent upon appropriation of funds. Sponsors: Human Resources Department and Purchasing Department Attachments: Agenda Cover Report Legal Review Checklist NeoGov 2020 Resolution 12-20 NEOGOV Agreement NeoGov Vendor Executed Agreement NeoGOV- Memo Bid Waiver Acquisition LF City of Delray Beach Page 9 Printed on 5/1/2020 City Commission Regular Commission Meeting May 5, 2020 7.L.2. APPROVAL OF RESOLUTION NO. 62-20 TO AWARD AN AGREEMENT WITH CANON SOLUTIONS AMERICA, INC. FOR REPLACEMENT, MAINTENANCE, AND REPAIRS OF MULTIFUNCTION DEVICES; UTILIZING COUNTY OF DUPAGE, IL / OMNIA PARTNERS COOPERATIVE CONTRACT NO. 18-020-LG - $130,000 Recommendation: Motion to Approve Resolution No. 62-20 to award an Agreement with Canon Solutions America, Inc., in the estimated amount of $130,000 through September 30, 2020, utilizing the County of DuPage, IL / Omnia Partners Cooperative Contract No. 18-020-LG, and authorize the City Manager to exercise a one-year renewal option, in the amount below, contingent upon appropriation of funds. Sponsors: IT Department and Purchasing Department Attachments: Agenda Cover Report Legal Review Checklist Canon updated Res. 62-20 Canon Omnia Piggyback rev. Delray Beach City of Master Contractor Services Agreement CSA signed (04.06.20) Executive Summary_Canon 7.L.3. APPROVAL OF RESOLUTION NO. 69-20 TO AWARD AN AGREEMENT WITH AKTIV CONSTRUCTION, INC. FOR DELRAY BEACH MEMORIAL GARDENS FENCE - $179,739 Recommendation: Motion to Approve Resolution No. 69-20 to award an Agreement with Aktiv Construction, Inc. for Delray Beach Memorial Gardens Fence pursuant to ITB no. 2020-014 in the amount of $179,739. Sponsors: Community Improvement and Purchasing Department Attachments: Agenda Cover Report Legal Review Aktiv Resolution No. 69- 20 2020-014- Agreement with Aktiv Construction for Fence Installation Exhibit B - Style B 24Ft City of Delray Beach Page 10 Printed on 5/1/2020 City Commission Regular Commission Meeting May 5, 2020 7.L.4. APPROVAL OF RESOLUTION NO. 59-20 TO AWARD AN AGREEMENT WITH WYNN & SONS ENVIRONMENTAL CONSTRUCTION CO., INC. TO PURCHASE CONSTRUCTION SERVICES RELATED TO ANNUAL PATHWAYS AND MINOR CONSTRUCTION UTILIZING THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS SOLICITATION NO. 2017055- $750,000 Recommendation: Motion to Approve Resolution No. 59-20 to award an Agreement with Wynn & Sons Environmental Construction Co., Inc. utilizing the Palm Beach County Board of County Commissioners Solicitation No. 2017055 to purchase construction services related to annual pathways and minor construction in the estimated amount of $750,000 through January 22, 2021, and authorize the City Manager to approve renewal options, in the amounts below, contingent upon appropriation of funds. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Executed Agrmt - Wynn & Sons Res 59-20 Wynn Sons Legal Review Checklist Wynn & Sons 8. REGULAR AGENDA: 8.A. DISCUSSION AND DIRECTION REGARDING THE HANDLING OF REQUESTS RECEIVED FOR EXCUSAL OF PAYMENTS BASED ON INVOCATION OF FORCE MAJEURE CONTRACTUAL PROVISIONS Recommendation: Staff seeks direction regarding the handling of requests received for excusal of payments based on invocation of force majeure contractual provisions. Sponsors: Finance Department Attachments: Agenda Cover Report Delray IntraCoastal Cruises Executed Agreement 2018-031 Delray Intracoastal Cruises Relief Request Letter 3.24.20 RFP 2018-031 - Delray IntraCoastal Cruises Creative City Collaborative - Arts Garage Agreement Arts Garage Relief Request 3.31.20 Taverna Opa Parking License Agreement 10.29.19 Taverna Opa Atlantic LLC Amendment No. 1 to the Parking License Agreement Taverna Opa Relief Request Letter 3.6.20 Cut 432 Parking License Agreement 10.29.19 Cut 432 LLC Amendment No. 1 to the Parking License Agreement Cut 432 Relief Request Letter 4.15.20 City of Delray Beach Page 11 Printed on 5/1/2020 City Commission Regular Commission Meeting May 5, 2020 8.B. RATIFICATION OF EMERGENCY REGULATIONS RELATED TO COVID-19 ACTIVATED UNDER CHAPTER 95 OF THE DELRAY BEACH CODE OF ORDINANCES Recommendation: Motion to Ratify 3rd , 4th and 5th Extensions of State of Emergency, 1st Extension of Emergency Declaration dated March 28, 2020, Emergency Declaration dated April 9, 2020, Resolution 79-20. Sponsors: City Attorney Department Attachments: Agenda Cover Report 3rd Emergency Declaration Extention - COVID-19 4th Emergency Declaration Extention - COVID-19 5th Emergency Declaration Extention - COVID-19 6th Emergency Declaration Extention - COVID-19 1st Ext. Emergency Declaration COVID-19 (Stay at Home Order) Emergency Declaration COVID-19 (Use of Masks) Resolution No. 79-20 - COVID -19 Resolution No. 81-20 COVID-19 9. PUBLIC HEARINGS: 9.A. None 10. FIRST READINGS: 10.A. None 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission City of Delray Beach Page 12 Printed on 5/1/2020