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, February 1, 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 February 1, 2022 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 3.A. Additions, Deletions, Substitutions 4. PRESENTATIONS: 4.A. PRESENTING ANDREW HAYNES, BUILDING MAINTENANCE WORKER, WITH EMPLOYEE OF THE MONTH FOR JANUARY 2022 Recommendation: Motion to present Andrew Haynes, Building Maintenance Worker, with Employee of the Month for January 2022. Sponsors: Human Resources Department Attachments: Agenda Cover Report Andrew Haynes - Nomination Form 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. Updated Direction for Interim Daily Operations for the Old School Square Complex 5.A.2. Fiscal Year 2021-2022 First Quarter Financial Report 5.A.3. Current construction projects and resulting inconveniences 5.B. From the Public 6. CONSENT AGENDA: City Manager Recommends Approval City of Delray Beach Page 3 Printed on 2/1/2022 City Commission Regular Commission Meeting February 1, 2022 6.A. CITY COMMISSION MEETING MINUTES Recommendation: Motion to approve meeting minutes as listed below: October 5, 2021 - Regular Meeting Minutes October 12, 2021 - Workshop Meeting Minutes October 19, 2021 - Regular Meeting Minutes Sponsors: City Clerk Department Attachments: Agenda Cover Report October 5 2021 Meeting Minutes Final Draft October 12, 2021 Workshop Meeting October 19 2021 Regular Commission Meeting Minutes - Final DRAFT 6.B. ACCEPTANCE OF A CORNER CLIP AGREEMENT, PEDESTRIAN CLEAR ZONE EASEMENT, GENERAL UTILITY EASEMENT, LANDSCAPE MAINTENANCE AGREEMENT AND A FIVE FOOT RIGHT OF WAY DEDICATION ALONG SW 1ST STREET AND SW 5TH AVENUE FOR THE PROPERTY LOCATED AT 95 SW 5TH AVENUE. Recommendation: Review and consider acceptance of a corner clip agreement, pedestrian clear zone easement, general utility easement, landscape maintenance agreement and a five-foot right of way dedication along SW 1st Street and SW 5th Avenue for the property located at 95 SW 5th Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report SPRAB Report - 95 SW 5th Avenue final 95 SW 5th Ave - Corner Clip CRA 95 SW 5th Ave - General Utility Easement CRA 95 SW 5th Ave - Pedestrian Clear Zone CRA 95 SW 5th Ave - ROW Deed CRA 95 SW 5th Ave - Landscape Maintenance Agreement CRA Legal Review Corner Clip Easement Agreement 95 SW 5th Ave CRA Legal Review General Utility Easement 95 SW 5th Ave CRA Legal Review Pedestrian Clear Zone 95 SW 5th Ave CRA Legal Review ROW Deed 95 SW 5th Ave CRA Legal Review Landscape Maintenance Agreement 95 SW 5th Ave CRA City of Delray Beach Page 4 Printed on 2/1/2022 City Commission Regular Commission Meeting February 1, 2022 6.C. APPROVAL OF SUBDIVISION SETTLEMENT PARTICIPATION AGREEMENT WITH ENDO HEALTH SOLUTIONS, INC. Recommendation: Motion to Approve Subdivision Settlement Participation Agreement with Endo Health Solutions, Inc. Sponsors: City Attorney Department Attachments: Agenda Cover Report Settlement Agreement and Release Settlement Participation Agreement with Endo Health Solutions, Inc. Settlement Spreadsheet 6.D. PROPOSED OFFER OF SETTLEMENT IN THE CASE OF PALM BEACH COUNTY V. 7-ELEVEN, INC. ET AL Recommendation: Motion to approve settlement in the case of Palm Beach County v. 7-ELEVEN, Inc., et al, case number 2019 CA 016053 XXXXMB (AF), for the reasons discussed in the confidential memorandum previously distributed to the City Commission. Sponsors: City Attorney Department Attachments: Agenda Cover Report 6.E. APPROVAL OF A GRANT AGREEMENT FOR PLUMOSA SCHOOL OF THE ARTS TO SUPPORT LEARNING LOSS RECOVERY, AND AUTHORIZATION FOR THE CITY MANAGER TO SIGN THE GRANT AGREEMENT Recommendation: Motion to approve a grant agreement in the amount of $10,000 for Plumosa School of the Arts to support learning loss recovery, and authorization for the City Manager to sign the grant agreement. Sponsors: City Manager Department Attachments: Agenda Cover Report Grant Agreement for Learning Loss Recovery- Plumosa Simple Legal Review Approval Grant Agreement-Plumosa 6.F. APPROVAL OF A GRANT AGREEMENT FOR ORCHARD VIEW ELEMENTARY SCHOOL TO SUPPORT LEARNING LOSS RECOVERY, AND AUTHORIZATION FOR THE CITY MANAGER TO SIGN THE GRANT AGREEMENT Recommendation: Motion to approval a grant agreement in the amount of $10,000 for Orchard View Elementary school to support learning loss recovery, and authorize the City manager to sign the grant agreement. Sponsors: City Manager Department Attachments: Agenda Cover Report Simple Legal Review Approval Grant Agreement-Orchard View Grant Agreement for Learning Loss Recovery-Orchard View City of Delray Beach Page 5 Printed on 2/1/2022 City Commission Regular Commission Meeting February 1, 2022 6.G. RESOLUTION NO. 24-22: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE SCHOOL DISTRICT OF PALM BEACH COUNTY TO CEASE ANY AND ALL CURRENT OR FUTURE PLANNING OR CONSTRUCTION AT ITS EDUCATION SITES AND/OR FACILITIES LOCATED WITHIN THE CITY LIMITS OF THE CITY OF DELRAY BEACH UNTIL SUCH TIME AS THE PARTIES HAVE JOINTLY MET AND AGREED UPON COORDINATED PLANNING IN ACCORDANCE WITH THE INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY, PALM BEACH COUNTY, AND MUNICIPALITIES OF PALM BEACH COUNTY FOR COORDINATED PLANNING DATED AUGUST 19, 2015. Recommendation: Motion to approve Resolution No. 24-22 urging the School District of Palm Beach County to cease any and all current or future planning or construction at its education sites and/or facilities located within the City limits of the City of Delray Beach until such time as the parties have jointly met and agreed upon coordinated planning in accordance with the Interlocal Agreement between the School Board of Palm Beach County, Palm Beach County, and municipalities of Palm Beach County for Coordinated Planning dated August 19, 2015. Sponsors: City Manager Department Attachments: Agenda Cover Report RESOLUTION-Palm Beach County School District Rev (2) 12722 Simple Legal Review Approval School Board Reso 6.H. APPROVE AGREEMENT WITH STATE OF FLORIDA TO INSTALL WEATHER MONITORING SYSTEMS WITHIN THE CITY Recommendation: Motion to enter into agreement with the State of Florida, Division of Emergency Management to install and maintain 4 WeatherSTEM monitoring systems in the city limits. Sponsors: Fire Rescue Department Attachments: Agenda Cover Report WeatherSTEM FDEM Flier.pdf Simple Legal Review Approval WeatherStem Demo MOA FDEM-Agency for WeatherSTEM Weather Station rev. kwb. 8.9.21 City of Delray Beach Page 6 Printed on 2/1/2022 City Commission Regular Commission Meeting February 1, 2022 6.I. APPROVAL OF THE REQUEST FOR FUNDING FROM VISUAL ADJECTIVES SEEDS, INC. FROM THE LAW ENFORCEMENT TRUST FUND (LETF) IN THE AMOUNT OF $10,000. Recommendation: Motion to approve request for funding from the Law Enforcement Trust Fund (LETF) pursuant to Florida Statute 932.7055, Disposition of Liens and Forfeited Property, to Visual Adjectives Seeds, Inc. in the amount of $10,000. Sponsors: Police Department Attachments: Agenda Cover Report Legal Review Form_Visual Adjectives Seeds, Inc. Visual Adjectives Seeds Inc LETF Application 6.J. ITEM(S) A1- ACCEPTANCE OF A RIGHT OF-WAY DEDICATION BY 2402 SEACREST BLVD. ITEM(S) B1 - ACCEPTANCE OF A STREETLIGHT MAINTENANCE AGREEMENT BY FREDERICK ISLES HOMEOWNER ASSOCIATION. 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 2402 Seacrest Blvd. to the City of Delray Beach. STREETLIGHT MAINTENANCE AGREEMENT(S) Items B Item B1 - Motion to approve and accept a Streetlight Maintenance Agreement between the City and Frederick Isles Homeowner Association., Inc. permitting HOA to install and maintain streetlights in the City ROW. Sponsors: Public Works Department Attachments: Agenda Cover Report Item (1) Legal Review Item (A1a) ROW Deed - 2402 Seacrest Blvd. Item (A1b) Exhibit A - 2402 Seacrest Blvd. Item (B1a) - Streetlight Maintenance Agreement - Frederick Isles Item (B1b) Exhibit A - Streetlight Maint Plan - Frederick Isles 6.K. PROCLAMATIONS: City of Delray Beach Page 7 Printed on 2/1/2022 City Commission Regular Commission Meeting February 1, 2022 6.K.1. BLACK HISTORY MONTH PROCLAMATION Recommendation: Motion to approve the proclamation declaring February as Black History Month. Sponsors: City Clerk Department Attachments: Agenda Cover Report Black History Month 2022.doc 6.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.L.1. REPORT OF APPEALABLE LAND USE ITEMS FROM NOVEMBER 15, 2021 AND JANUARY 3, THROUGH JANUARY 21, 2022. Recommendation: By motion, receive and file this report. Sponsors: Development Services Department Attachments: Agenda Cover Report Appealable Items Map A - 201 NE 5th Court B - Avalon at the One 10 Building C - Frank Pepe D - 680 eta, Lavers Circle E - Global Pursuit of Delray F - Bounce Sporting Club G - 170 Sherwood Master Development Plan 6.M. AWARD OF BIDS AND CONTRACTS: City of Delray Beach Page 8 Printed on 2/1/2022 City Commission Regular Commission Meeting February 1, 2022 6.M.1. APPROVAL OF RESOLUTION NO. 15-22 AND RATIFICATION OF EMERGENCY WORK WITH SHIFF CONSTRUCTION AND DEVELOPMENT, INC. FOR CLARIFIER DRIVE UNIT REHABILITATION, UTILIZING SOURCEWELL EZIQ CONTRACT NO. FL-SEA-GC02-041019-SCD IN THE NOT TO EXCEED ESTIMATED AMOUNT OF - $882,405 Recommendation: Motion to approve Resolution No. 15-22 and to ratify emergency work with Shiff Construction and Development, Inc. for clarifier drive unit rehabilitation, utilizing Sourcewell EZIQ Contract NO . FL-SEA-GC02-041019-SCD in the not to exceed estimated amount of - $882,405. Sponsors: Utilities Department and Purchasing Department Attachments: Agenda Cover Report Legal Review Checklist Shiff Agreement rev. kwb. 1.10.22 Resolution No. 15-22 rev. kwb. 1.10.22 Water Treatment Plant Emergency Work Delray Beach WTP Clarifier #2 Rehab Proposal Revised Delray Beach WTP Clarifier #1,3,4 Rehab Proposal Delray Beach_Master Contract_Shiff 7. REGULAR AGENDA: 7.A. RESOLUTION NO. 07-22: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE CITY AS A “VISION ZERO CITY” AND ESTABLISHING A VISION ZERO COORDINATING COMMITTEE; DIRECTING STAFF TO CREATE A VISION ZERO ACTION PLAN TO ESTABLISH A GOAL OF NO SEVERE TRAFFIC INJURIES OR FATALITIES BY 2035; DIRECTING AND AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY ACTIONS TO EFFECTUATE SAME; PROVIDING A CONFLICTS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Recommendation: Review and consider Resolution No. 07-22 establishing the City of Delray Beach as a “Vision Zero City” with a goal of no traffic accident-related fatalities or serious injuries by 2035. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution No. 07-22 Vision Zero 2022.01.11 Vision Zero for Delray Beach Simple Legal Review Approval Vision Zero City of Delray Beach Page 9 Printed on 2/1/2022 City Commission Regular Commission Meeting February 1, 2022 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 95th, 96th, and 97th Extensions of the State of Emergency for COVID-19. Sponsors: City Attorney Department Attachments: Agenda Cover Report 95th extension of state of emergency 1-5-2021 - signed 96th extension of state of emergency 1-12-2022 - signed 97th extension of state of emergency 1-19-2022 - signed 7.C. APPROVE APPLICATION FOR FUNDING THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) ASSISTANCE TO FIREFIGHTER GRANT (AFG) PROGRAM FOR ONE AIR AND LIGHT SUPPORT VEHICLE. Recommendation: Motion to approve and allow the Fire Rescue Department to submit an Assistance to Firefighter Grant (AFG) application for one Air & Light Support Vehicle to the Federal Emergency Management Agency (FEMA). Sponsors: Fire Rescue Department Attachments: Agenda Cover Report FEMA FY21 AFG Notice of Funding Opportunity.pdf Simple Legal Review Approval Application for AFG grant for Light and Air Truck 1.12.22.pdf 7.D. CITY ATTORNEY'S MERIT INCREASE Recommendation: Motion to consider the City Attorney's salary review. Sponsors: Human Resources Department Attachments: Agenda Cover Report City Attorney's Eval Form 7.E. CITY MANAGER'S SIX MONTH REVIEW EVALUATION FORM Recommendation: Motion to approve the City Manager's six month review evaluation form. Sponsors: Human Resources Department Attachments: Agenda Cover Report City Manager's 6 month Eval Form 8. PUBLIC HEARINGS/SECOND READINGS: City of Delray Beach Page 10 Printed on 2/1/2022 City Commission Regular Commission Meeting February 1, 2022 8.A. RESOLUTION NO. 22-22: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A CONDITIONAL USE MODIFICATION FOR ISLAND COVE, PHASE III OF THE APPROVED VILLAGE SQUARE DEVELOPMENT, TO INCREASE THE APPROVED DENSITY FROM 15.51 DWELLING UNITS PER ACRE TO 15.84 DWELLING UNITS PER ACRE, PURSUANT TO THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES AND THE COMPREHENSIVE PLAN OF THE CITY OF DELRAY BEACH; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI JUDICIAL/PUBLIC HEARING). Sponsors: Development Services Department Attachments: Agenda Cover Report Island Cove: Resolution No. 22-22 Island Cove: Resolution No. 22-22 (EXHIBIT A) Island Cove: Appeal of Condition of Approval Island Cove: Postponement of Appeal Island Cove: Signed Board Order Island Cove: PZB Staff Report Simple Legal Review Approval Island Cove Appeal 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 11 Printed on 2/1/2022