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 16, 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 16, 2021 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 3.A. Additions, Deletions, Substitutions 4. PRESENTATIONS: 4.A. PRESENTING DANIELLE PEARSON, RECREATION SUPERVISOR III, WITH EMPLOYEE OF THE MONTH FOR NOVEMBER 2021. Recommendation: Motion to present Danielle Pearson, Recreation Supervisor III, with Employee of the Month for November 2021. Sponsors: Human Resources Department Attachments: Agenda Cover Report Danielle Pearson Employee of the month 4.B. PRESENTATION OF GREEN LOCAL GOVERNMENT CERTIFICATION FROM FLORIDA GREEN BUILDING COALITION TO THE CITY OF DELRAY BEACH Recommendation: Presentation of the Green Local Government Certificate by the Florida Green Building Coalition, Mr. C.J. Davila, Executive Director. Sponsors: City Manager Department Attachments: Agenda Cover Report 4.C. PRESENTATION BY THE EJS PROJECT Recommendation: No action required. Presentation only. Sponsors: City Clerk 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. Considerations in response to current COVID-19 epidemiology analysis 5.A.2. Current construction projects and resulting inconveniences 5.A.3. Quarterly Financial Reporting (Public Presentations) 5.B. From the Public City of Delray Beach Page 3 Printed on 11/15/2021 City Commission Regular Commission Meeting November 16, 2021 6. CONSENT AGENDA: City Manager Recommends Approval 6.A. CITY COMMISSION MEETING MINUTES Recommendation: Motion to approve meeting minutes as listed below: September 9, 2021 - Special Meeting Minutes September 9, 2021 - Special Meeting Closed Attorney/Client Session Meeting September 28, 2021 - Special Meeting Closed Attorney/Client Session Meeting Sponsors: City Clerk Department Attachments: Agenda Cover Report September 9, 2021 Special Commission Meeting Minutes September 9, 2021 City Commission Closed Attorney Client Session Meeting September 28, 2021 - Special Meeting Attorney Client Session 6.B. RESOLUTION 179-21: A RESOLUTION APPROVING AN AGREEMENT WITH BOYS AND GIRLS CLUB OF PALM BEACH COUNTY, INC. (“B&G CLUB”) TO PROVIDE FUNDING TO PROVIDE PROGRAMMING SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS AND/OR RENEWALS THERETO AND TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THIS AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Recommendation: Motion to approve a Funding Agreement with the Boys and Girls Club of Palm Beach County, Inc. in the amount of $25,000 per year for five years. Sponsors: City Manager Department Attachments: Agenda Cover Report BGCPBC Support Application for 2021-22 FINAL B&G Funding Agreement 2021 kwb. rev. 11.5.21 Reso 179-21 with Boys and Girls Club Attachment A Simple Legal Review Approval Boys and Girls Club City of Delray Beach Page 4 Printed on 11/15/2021 City Commission Regular Commission Meeting November 16, 2021 6.C. RESOLUTION NO. 167-21 AMENDING THE FISCAL YEAR 2020-21 BUDGET ADOPTED BY RESOLUTION NO. 157-20 ON SEPTEMBER 22, 2020 Recommendation: Motion to Approve Resolution No. 167-21 amending the budget for Fiscal Year (FY) 2020-21 adopted September 22, 2020. Sponsors: Finance Department Attachments: Agenda Cover Report Resolution 167-21 Exhibit A Budget Amendment - FY 2021 Budget Admendment Memo Certification Letter Resolution 167-21 legal approval 6.D. RESOLUTION NO. 182-21 AMENDING THE FISCAL YEAR 2021-22 BUDGET ADOPTED BY RESOLUTION NO. 141-21 ON SEPTEMBER 23, 2021 Recommendation: Motion to approve Resolution No. 182-21 amending the budget for Fiscal Year 2021-22 adopted on September 23, 2021. Sponsors: Finance Department Attachments: Agenda Cover Report Water Sewer Resolution 182-21 Exhibit A Budget Amendment - FY 2022 - November 2021 Simple Legal Review Approval Resolution 182-21 6.E. ITEM(S) A1 AND A2- ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 304 SE 5th ST. AND ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 201 NW 17TH 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 304 SE 5th St. to the City of Delray Beach. Item A2 - Motion to approve and accept a Right-of-Way Dedication by the owner(s) of 201 NW 17th St. to the City of Delray Beach. Sponsors: Public Works Department Attachments: Agenda Cover Report Item (1) Legal Reviews Item (A1a) ROW - 304 SW 5th St. Item (A1b) Exhibit A & Sketch - 304 SW 5th St. Item (A2a) ROW - 201 NW 17th St. Item (A2b) Exhibit A & Survey - 201 NW 17th St. City of Delray Beach Page 5 Printed on 11/15/2021 City Commission Regular Commission Meeting November 16, 2021 6.F. PROCLAMATIONS: 6.F.1. 2021 SMALL BUSINESS SATURDAY - NOVEMBER 27, 2021 - PROCLAMATION Recommendation: Proclaim November 27, 2021 as Small Business Saturday in Delray Beach, Florida. Sponsors: City Clerk Department Attachments: Agenda Cover Report Small Business Saturday 2021 6.F.2. WORLD AIDS DAY PROCLAMATION - DECEMBER 1, 2021 Recommendation: Motion to declare December 1, 2021 as World Aids Day. Sponsors: City Clerk Department Attachments: Agenda Cover Report World AIDS Day 6.G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.G.1. REPORT OF APPEALABLE LAND USE ITEMS FROM OCTOBER 11, THROUGH NOVEMBER 5, 2021. Recommendation: By motion, receive and file this report. Sponsors: Development Services Department Attachments: Agenda Cover Report Appealable Items Map A - Island Cove B - 502 E. Atlantic Avenue C - Abbey Delray South D - 33 SE 3rd Avenue E - 5026 W Atlantic Avenue F - Arby's G - 201 NE 5th Court 6.H. AWARD OF BIDS AND CONTRACTS: City of Delray Beach Page 6 Printed on 11/15/2021 City Commission Regular Commission Meeting November 16, 2021 6.H.1. APPROVAL OF RESOLUTION NO. 158-21 TO AWARD AN AGREEMENT TO THE COLOR NINE GROUP, LLC. FOR FEDERAL LEGISLATIVE LOBBYING SERVICES- $129,600 FOR THE INITIAL THREE-YEAR TERM Recommendation: Motion to approve Resolution No. 158-21 to award an Agreement to The Color Nine Group, LLC. for Federal Legislative Lobbying Services in the estimated amount of $129,600 through September 30, 2024, and authorize the City Manager to approve renewal options, in the amounts below, contingent on appropriation of funds. Sponsors: City Manager Department and Purchasing Department Attachments: Agenda Cover Report Legal Review Checklist Color Nine Group Lobbying Services Federal Lobbying Services - The Color Nine Group Agreement - Vendor Executed City of Delray Beach FL Proposed Scope Resolution No. 158-21 Federal Lobbying Services The Color Nine Group Draft 6.H.2. APPROVAL OF RESOLUTION NO. 169-21 TO APPROVE THE ISSUANCE OF A PURCHASE ORDER TO SHADE SYSTEMS, INC. FOR THE PURCHASE AND INSTALLATION OF A SHADE STRUCTURE AT POMPEY PARK - $109,771 Recommendation: Motion to approve Resolution No. 169-21 to approve the issuance of a Purchase Order to Shade Systems Inc. for the purchase and installation of a shade structure at Pompey Park, in the amount of $109,771. Sponsors: Parks & Recreation Department and Purchasing Department Attachments: Agenda Cover Report Res 169-21 PO for Shade Structure installation at Pompey Park (002) Legal Review Res 169-21 Shade Structure at Pompey Park Agreement - Shade Systems Inc. Executed Agenda Cover Memo 6.H.3. APPROVAL OF RESOLUTION NO. 148-21 TO APPROVE AN AGREEMENT WITH E & M EQUIPMENT CORPORATION FOR CONSTRUCTION SERVICES FOR LOWSON BOULEVARD FROM DOVER ROAD TO US-1/FEDERAL HIGHWAY PURSUANT TO ITBC NO. 20210-040 (PROJECT NO. 17-009) - $6,146,437 Recommendation: Motion to approve Resolution No. 148-21 to approve an Agreement with E & M Equipment Corporation for construction services for Lowson Boulevard from Dover Road to US-1/Federal Highway pursuant to ITBC No. 2020-040 (Project No. 17-009) - $6,146,437. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report FINAL COMPLETE CONSTRUCTION CONTRACT - LOWSON CONSTRUCTION - signed EME Resolution 148-21 rev. kwb Legal Review Checklist Contruction Services for Lowson Blvd. to Dover Road BidSync Bid Tabulation City of Delray Beach Page 7 Printed on 11/15/2021 City Commission Regular Commission Meeting November 16, 2021 6.H.4. APPROVAL OF RESOLUTION NO. 170-21 TO AWARD AN AGREEMENT TO A-EXCELLENT SERVICE, INC., FOR HVAC MAINTENANCE AND REPAIR SERVICES; UTILIZING CITY OF POMPANO BEACH SOLICITATION NO. E-22-19 - $150,000 FOR THE INITIAL ONE-YEAR TERM Recommendation: Motion to approve Resolution No. 170-21 to award an Agreement to A-Excellent Service, Inc. for HVAC maintenance and repair services in the estimated amount of $150,000 through October 9, 2022, utilizing the City of Pompano Beach Solicitation No. E-22-19 and authorize the City Manager to approve renewal options, in the amounts below, contingent on appropriations of funds. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Legal Review A-Excellent Service MSA HVAC Maintenance and Repair Master Services Agreement 2021 - 2022 Vendor Executed Res 170-21 HVAC Maintenance Repair A-Excellent Services E-22-19 HVAC Maintenance and Repair Services Solicitation City of Pompano Beach Service Contract - Executed 2019 7. REGULAR AGENDA: 7.A. RESOLUTION NO. 159-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ABANDONMENT OF INTEREST OF A UTILITY EASEMENT LOCATED AT 222 NORTH OCEAN BOULEVARD, TOTALING APPROXIMATELY THREE THOUSAND, SIX HUNDRED AND SIXTY SQUARE FEET (3,660 SQ. FT.), AS MORE PARTICULARLY DESCRIBED HEREIN, PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES (QUASI-JUDICIAL). Recommendation: Review and consider Resolution No. 159-21, for the abandonment of a general utility easement located at 222 North Ocean Boulevard Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution No. 159-21 Abandonment of Utility Easement 222 N Ocean Drive Exhibit A 222 N OCEAN BLVD SURVEY Legal Review Res 159-21 Abandonment of Utility Easement 222 N Ocean Blvd Original Plat (Ocean Cay of Delray) City of Delray Beach Page 8 Printed on 11/15/2021 City Commission Regular Commission Meeting November 16, 2021 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 the 86th and 87th Extensions of the State of Emergency for COVID -19. Sponsors: City Attorney Department Attachments: Agenda Cover Report 86th extension of state of emergency 11-3-21 87th Extension of State of Emergency 11-10-21 7.C. RECONSIDERATION OF DOG SCULPTURE Recommendation: Seeking City Commission direction. Sponsors: City Manager Department Attachments: Agenda Cover Report Dog Sculpture Agenda Cover Report (10) 7.D. "HOPE" STATUE DONATION Recommendation: Seeking City Commission direction on acceptance of "Hope" statue and placement location. If the donation is accepted, staff will work with the City Attorney to facilitate the donation. Sponsors: City Manager Department Attachments: Agenda Cover Report Hope 7.E. RESOLUTION 181-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH DESIGNATING THE PARKING LOT LOCATED ON GLEASON STREET AS A PARKING METER ZONE AND AMENDING THE FEE SCHEDULE ESTABLISHED BY RESOLUTION 60-18 FOR PARKING METER ZONES IN ALL AREAS EAST OF THE INTRACOASTAL WATERWAY WITHIN THE CITY. Recommendation: Motion to approve Resolution 181-21 to designate the Gleason Street parking lot as a parking meter zone and amending the fee schedule established by Resolution 60-18 for parking meter zones in all areas east of the Intracoastal Waterway within the City. Sponsors: Public Works Department Attachments: Agenda Cover Report Beach Rate Survey 8.2021 Memo DDA Parking Fees 11-8-21 (003) Res 181-21 amending parking rates and adding Parking Meter Zone rev. KWB 11.10.21 Gleason Lot Exhibit A Simple Legal Review Approval Resolution Res 181-21 Adding Parking Meter Zone and Amending Parking Rate City of Delray Beach Page 9 Printed on 11/15/2021 City Commission Regular Commission Meeting November 16, 2021 7.F. INDEMNIFICATION AND REPRESENTATION OF MAYOR SHELLY PETROLIA, VICE MAYOR SHIRLEY JOHNSON, COMMISSIONER JULI CASALE, AND CITY ATTORNEY LYNN GELIN IN THE MATTER OF OLD SCHOOL SQUARE CENTER FOR THE ARTS, INC., VS. CITY OF DELRAY BEACH, ET AL Recommendation: Motion to indemnify and provide representation for Shelly Petrolia, Juli Casale, Shirley Johnson, and Lynn Gelin in the matter of Old School Square Center for the Arts, Inc., vs. City of Delray Beach, et al, pursuant to Section 31.17 of the Delray Beach Code of Ordinances. Sponsors: City Attorney Department Attachments: Agenda Cover Report Complaint Legal Defense and Indemnification of Officials and Employees 8. PUBLIC HEARINGS/SECOND READINGS: 8.A. ORDINANCE NO. 30-21: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A COMPREHENSIVE PLAN AMENDMENT PURSUANT TO THE PROVISIONS OF THE “COMMUNITY PLANNING ACT”, FLORIDA STATUTES SECTION 163.3177 AND SECTION 163.3184, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ENTITLED “ALWAYS DELRAY COMPREHENSIVE PLAN AMENDMENT, ORDINANCE NO. 30-21” AND INCORPORATED HEREIN BY REFERENCE, TO BRING THE ADOPTED COMPREHENSIVE PLAN INTO COMPLIANCE WITH LEGISLATIVE CHANGES TO F.S. 163.3177(6)(I)1 BY ADOPTING A PROPERTY RIGHTS ELEMENT; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (SECOND READING/PUBLIC HEARING) Recommendation: Review and consider Ordinance No. 30-21, an amendment to the Always Delray Comprehensive Plan, adopting a new property rights element in compliance with statutory changes to Section 163.3177, Florida Statutes. Sponsors: Development Services Department Attachments: Agenda Cover Report Ordinance No. 30-21 Private Property Rights Element Ordinance No. 30-21, Exhibit A Private Property Rights Element-DIA (For Review Only, Not Adoption) DEO Comments, Private Property Rights Element Private Property Rights Element-Staff Report Notice of Legislative Change Concerning Property Rights House Bill 59-Complete House Bill 59-Summary Legal Review, Ordinance No. 30-21 City of Delray Beach Page 10 Printed on 11/15/2021 City Commission Regular Commission Meeting November 16, 2021 9. FIRST READINGS: 9.A. ORDINANCE NO. 24-21: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A COMPREHENSIVE PLAN AMENDMENT AND UPDATING THE 10-YEAR WATER SUPPLY FACILITIES WORK PLAN, PURSUANT TO THE PROVISIONS OF THE “COMMUNITY PLANNING ACT”, FLORIDA STATUTES SECTION 163.3184; AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ENTITLED “ALWAYS DELRAY COMPREHENSIVE PLAN AMENDMENT, ORDINANCE NO. 24-21,” AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) Recommendation: Consider Ordinance No. 24-21, a City initiated amendment to the Always Delray Comprehensive Plan, by adopting the 10-year Water Supply Facilities Work Plan (2021) and updates to applicable elements. Sponsors: Development Services Department Attachments: Agenda Cover Report Ordinance No. 24-21: Water Supply Plan Update Ordinance No. 24-21: Exhibit A Ordinance No. 24-21: Exhibit B Ordinance No. 24-21: PZB Report Legal Review, Ordinance No. 24-21 9.B. ORDINANCE NO. 34-21: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 71, “PARKING REGULATIONS”, BY AMENDING SECTION 71.060, “PARKING METER PERMITS” TO ADJUST THE ELIGIBILITY FOR A SENIOR BEACH PARKING PERMIT FROM 62 YEARS OF AGE TO 70; 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. 34-21 on First Reading, to amend the Senior Beach Parking Permit to raise the age limit to 70 years old from 62 years old. Sponsors: Public Works Department Attachments: Agenda Cover Report Ord 34-21 amending age for senior beach parking permit Simple Legal Review Approval ord adjusting senior beach permit 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney City of Delray Beach Page 11 Printed on 11/15/2021 City Commission Regular Commission Meeting November 16, 2021 C. City Commission 11. ADJOURNMENT City of Delray Beach Page 12 Printed on 11/15/2021