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 8, 2022 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 February 8, 2022 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 3.A. Additions, Deletions, Substitutions 4. PRESENTATIONS: 4.A. PRESENTING LAUREN CZENCZ, EXECUTIVE ASSISTANT, WITH EMPLOYEE OF THE YEAR 2021. Recommendation: Motion to present Lauren Czencz, Executive Assistant, with Employee of the Year 2021. Sponsors: Human Resources Department Attachments: Agenda Cover Report 4.B. PRESENTATION: RECOGNIZING THE DELRAY ROCKS 7U FOOTBALL TEAM AND THE DELRAY ROCKS CHEERLEADERS FOR THEIR OUTSTANDING ACHIEVEMENT Sponsors: Parks & Recreation 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 Regarding Federal Legislative Priorities 5.A.2. Current construction projects 5.B. From the Public 6. CONSENT AGENDA: City Manager Recommends Approval City of Delray Beach Page 3 Printed on 2/7/2022 City Commission Regular Commission Meeting February 8, 2022 6.A. CITY COMMISSION MEETING MINUTES Recommendation: Motion to approve meeting minutes as listed below: November 9, 2021 Special Meeting Minutes November 9, 2021 Workshop Meeting Minutes Sponsors: City Clerk Department Attachments: Agenda Cover Report November 9, 2021 Special Commission Meeting Minutes - Draft November 9, 2021 Workshop City Commission Minutes - DRAFT 6.B. RESOLUTION NO. 21-22 AMENDING THE FISCAL YEAR 2021-22 BUDGET ADOPTED BY RESOLUTION NO. 141-21 ON SEPTEMBER 23, 2021 Recommendation: Motion to Approve Resolution No. 21-22 amending the budget for Fiscal Year 2021-22 adopted on September 23, 2021 Sponsors: Finance Department Attachments: Agenda Cover Report Budget Resolution No. 21-22 rev. KWB 1.24.22 Exhibit A - Budget Amendment Reso. 21-22 Simple Legal Review Approval Budget Resolution 21-22 6.C. INTERLOCAL AGREEMENT WITH THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE CO-TITLE SPONSORSHIP OF THE 2022 DELRAY BEACH OPEN Recommendation: Motion to approve the Interlocal Agreement for the Co-Title Sponsorship of the 2022 Delray Beach open with the Delray Beach Community Redevelopment Agency (CRA) for a term which will commence upon execution of the contract and terminate on September 30, 2022 in the amount of $905,000.00. Sponsors: Parks & Recreation Department Attachments: Agenda Cover Report Exhibit A_CRA_Diamond City Partner-2022 DBO_EconomicImpact_2021 Legal Review_ ILA with CRA DB Open_2022 PE - ILA for Sponsorship of City Tennis Tournaments (1.26.22) City of Delray Beach Page 4 Printed on 2/7/2022 City Commission Regular Commission Meeting February 8, 2022 6.D. HOLD HARMLESS FOR US HIGHWAY 1, GULFSTREAM Recommendation: Consideration to approve and accept Hold Harmless Agreement for US Highway, Gulfstream. Sponsors: Utilities Department Attachments: Agenda Cover Report Hold Harmless Agreement for State ROW - Bluewater Cove - Executed.pdf Legal Review Hold Harmless for Work within State ROW - Bluewater Cove - US 1.docx 6.E. RESOLUTION NO. 29-22: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE INTERNATIONAL HOLOCAUST REMEMBRANCE ALLIANCE WORKING DEFINITION OF "ANTISEMITISM"; DENOUNCING HATE CRIMES AGAINST JEWS AND ANTISEMITISM IN ALL ITS VARIOUS FORMS, INCLUDING, BUT NOT LIMITED TO, REFUSING TO TREAT JEWS AS POLITICAL EQUALS, PORTRAYING THE JEWISH STATE (ISRAEL) AS A SYMBOL OF HATE AND EVIL, DEMANDING THAT JEWS BECOME STATELESS, TARGETING THE JEWISH STATE THROUGH HUMAN RIGHTS AND OTHER CAMPAIGNS AND SEEKING TO STRIP AWAY JEWISH RIGHTS TO SELF-DETERMINATION AND ENDING ISRAEL'S EXISTENCE; FURTHER DENOUNCING THE BOYCOTT DIVESTMENT AND SANCTIONS MOVEMENT (BOS) AS AN ANTISEMITIC ATTEMPT TO DELEGITIMIZE ISRAEL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Recommendation: Motion to approve Resolution 29-22. Sponsors: City Attorney Department Attachments: Agenda Cover Report Res. No. 29-22 Denouncing Antisemitism 6.F. CONSIDER APPROVAL OF A LICENSE AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH TO ALLOW THE CITY TO UTILIZE COUNTY OWNED PARKING FACILITIES AT THE SOUTH COUNTY COURTHOUSE DURING SPECIAL EVENTS. Recommendation: Motion to approve a License Agreement between Palm Beach County (County) and the City of Delray Beach (City) to allow the City to utilize county owned parking facilities at the South County Courthouse during special events. Sponsors: Public Works Department Attachments: Agenda Cover Report License Agreement with PBC re Courthouse Parking Garage for use during Delray Beach events unsigned NYE Legal Review Checklist License Agreement to use PBC Courthouse Garage 6.G. PROCLAMATIONS: City of Delray Beach Page 5 Printed on 2/7/2022 City Commission Regular Commission Meeting February 8, 2022 6.G.1. 211 AWARENESS MONTH Sponsors: City Clerk Department Attachments: Agenda Cover Report 2-1-1 Awareness Month 2022 - DelrayBeach 6.G.2. OBSERVANCE OF PRESIDENTS' DAY - FEBRUARY 21, 2022 Recommendation: Motion to proclaim February 21, 2022 as President's Day in the City of Delray Beach. Sponsors: City Clerk Department Attachments: Agenda Cover Report President's Day Proclamation - 2022 6.G.3. EATING DISORDERS AWARENESS WEEK - FEBRUARY 21, 2022 - FEBRUARY 27, 2022 Recommendation: Motion to Proclaim February 21, 2022 - February 27, 2022 as Eating Disorders Awareness Week. Sponsors: City Clerk Department Attachments: Agenda Cover Report Eating Disorder Awareness Week 6.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.H.1. None 6.I. AWARD OF BIDS AND CONTRACTS: City of Delray Beach Page 6 Printed on 2/7/2022 City Commission Regular Commission Meeting February 8, 2022 6.I.1. APPROVAL OF RESOLUTION NO. 17-22 TO APPROVE AN AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR DESIGN SERVICES FOR LINDELL BOULEVARD AND RESOLUTION NO. 18-22 TO APPROVE AN AGREEMENT WITH MCMAHON ASSOCIATES, INC. FOR DESIGN SERVICES FOR BARWICK ROAD PURSUANT TO RFQ NO. 2021-028 (PROJECT NOS. 17-074 AND 17-099) - $715,769 (LINDELL BLVD.) AND $617,224 (BARWICK RD.) Recommendation: Motion to Approve Resolution Nos. 17-22 and 18-22 to award an Agreement to Kimley-Horn and Associates, Inc. for Design Services for Lindell Boulevard and McMahon Associates, Inc. for Design Services for Barwick Road pursuant to RFQ No. 2021-028 (Project Nos. 17-074 and 17-099) - $715,769 (Lindell Blvd.) and $617,224 (Barwick Rd.) Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Signed - Agreement - Lindell Blvd. - KH Lindell Exhibit A (2022-01-13) Agreement - Design Services -Barwick- McMahonExecuted_withExhibits Resolution No 17-22 Design Services - Lindell Blvd. rev. KWB 1.18.22 Resolution No 18-22 Design Services - Barwick Rd - MA Legal Review Checklist Kimley-Horn Lindell Boulevard Legal Review Checklist McMahon Associates for Barwick Road Kimley Horn Pages from Tabulation_Packet_for_RFQ_NO._2021-028 McMahon Pages from Tabulation_Packet_for_RFQ_NO._2021-028-2 2021-028 Technical Scoring Summary Sheet - Design Services for Lindell & Barwick_final City of Delray Beach Page 7 Printed on 2/7/2022 City Commission Regular Commission Meeting February 8, 2022 6.I.2. RESOLUTION NO. 23-22 APPROVING THE ISSUANCE OF A PURCHASE ORDER TO CLUB CAR LLC, FOR THE PURCHASE OF NEW GOLF VEHICLES FOR THE DELRAY BEACH MUNICIPAL GOLF COURSE AND LAKEVIEW GOLF COURSE UTILIZING THE PRICING FROM THE CITY OF KANSAS CITY, MISSOURI CONTRACT NO. EV2671-01; AUTHORIZING THE TRADE-IN OF ONE HUNDRED AND FORTY 2015/2016 CLUB CAR VEHICLES TO CLUB CAR, LLC PURSUANT TO SEC. 36.03 OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER EQUIPMENT LEASE PURCHASE AGREEMENT WITH WELLS FARGO FINANCIAL LEASING, INC. FOR FINANCING OF THE GOLF VEHICLES IN THE AMOUNT OF $334,294.00 WITH AN INTEREST RATE OF 3.938%, AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS AND/OR RENEWALS THERETO; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Recommendation: Motion to approve Resolution No. 23-22 to approve the issuance of a purchase order to Club Car LLC for the purchase of new golf vehicles for the Delray Beach Municipal Golf Course and Lakeview Golf Course, utilizing the pricing from the City of Kansas City, Missouri Contract No. EV2671-01; authorizing the trade-in of one hundred and forty (140) 2015/2016 Club Car vehicles to Club Car LLC to obtain a credit of $300,943.00; authorizing the City Manager to execute a master equipment lease purchase agreement with Wells Fargo Financial Leasing, Inc. for financing in the amount of $334,294.00 with an interest rate of 3.938%, and authorizing the City Manager to execute any and all amendments and /or renewals thereto. Sponsors: Parks & Recreation Department and Purchasing Department Attachments: Agenda Cover Report Res 23-22 CLUB CAR PURCHASE AND FINANCE WITH WELLS FARGO_rev. KWB 1.20.22 Legal Review Checklist KWB 1.20.22 603-0257329-000 City of Delray Beach Master Lease City of Delray Beach Lakeview GC Wells Fargo Quote 1.21.2022 City of Delray Beach DBGC Wells Fargo Quote 1.21.2022 City of Delray Beach Page 8 Printed on 2/7/2022 City Commission Regular Commission Meeting February 8, 2022 6.I.3. APPROVAL OF RESOLUTION NO. 27-22 FOR THE PURCHASE OF A JOHN DEERE 310SL BACKHOE LOADER FROM DOBBS EQUIPMENT UTILIZING THE FLORIDA SHERIFF’S ASSOCIATION CONTRACT NO. FSA20-EQU18.0 - $98,600 Recommendation: Motion to approve Resolution No. 27-22 to purchase a John Deere 310sl backhoe loader from Dobbs Equipment in an amount not-to-exceed $98,600, utilizing the Florida Sheriff’s Association Contract No. FSA20-EQU18.0. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Backhoe List Price Backhoe Quote 1-18-22 FSA20-EQU18.0 Specifications FSA20-EQU18.0 Terms and Conditions Resolution No. 27-22 Simple Legal Review Approval for Backhoe 6.I.4. APPROVAL OF RESOLUTION NO. 30-22 AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO VETERANS SECURITY CORPS OF AMERICA, INC. FOR SECURITY GUARD SERVICES UTILIZING PRICING FROM THE STATE OF FLORIDA CONTRACT NO. 92121500-20-1 FOR THE ATP CHAMPIONS TOUR/DELRAY BEACH OPEN IN THE TOTAL ESTIMATED AMOUNT OF $77,635 Recommendation: Motion to approve Resolution No. 30-22 authorizing the issuance of a Purchase Order to Veterans Security Corps of America, Inc for Security Guard Services utilizing pricing from the State of Florida Contract No. 92121500-20-1 for the ATP Champions Tour/Delray Beach Open, in the total estimated amount of $77,635. Sponsors: Parks & Recreation Department and Purchasing Department Attachments: Agenda Cover Report Resolution No. 30-22 Exhibit A - Veterans Security Quote 02.03.22 Simple Legal Review Approval Res. 30-22 Veterans Security Contract - State of Florida 92121500-20-1 Match Point Agreement 7. REGULAR AGENDA: City of Delray Beach Page 9 Printed on 2/7/2022 City Commission Regular Commission Meeting February 8, 2022 7.A. RESOLUTION NO. 03-22: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A CONDITIONAL USE TO ALLOW OUTDOOR DINING AT NIGHT ASSOCIATED WITH RESTAURANTS LOCATED WITHIN BUILDINGS 1 AND 2 OF THE PROJECT KNOWN AS SUNDY VILLAGE, AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO 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). Recommendation: Review and consider Resolution No. 03-22, approving a Conditional Use request for outdoor dining at night for Buildings 1 and 2 of Sundy Village. Sponsors: Development Services Department Attachments: Agenda Cover Report Res. No. 03-22- Outdoor Dining Conditional Use Sundy Village Res. No. 03-22 Exhibit A Outdoor Dining Sundy Village Sundy Village Conditional Use PZB Staff Report Sundy Village Conditional Use HPB Staff Report Sundy Village- Outdoor Dining Justification Statement Site Plans-Sundy Village-2022-01-05 Simple Legal Review Approval outdoor dining sundy village 7.B. RESOLUTION NO. 04-22: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER REQUEST TO SECTION 4.4.13(C)(3)(a)(2)(a) OF THE LAND DEVELOPMENT REGULATIONS; APPROVING A PORCH AS A FRONTAGE TYPE ALONG WEST ATLANTIC AVENUE BETWEEN SOUTH SWINTON AVENUE AND SOUTHWEST 1ST AVENUE FOR THE PROJECT KNOWN AS SUNDY VILLAGE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI JUDICIAL). Recommendation: Review and consider Resolution No. 04-22; approving a Waiver request to Section 4.4.13(C)(3)(a)(2)(a) to allow a porch frontage type along West Atlantic Avenue between South Swinton Avenue and SW 1st Avenue for the project known as Sundy Village. Sponsors: Development Services Department Attachments: Agenda Cover Report Res. No. 04-22 Porch Waiver Sundy Village Porch Waiver-Sundy Village Justification Statement Porch Waiver-Sundy Village Perspective Drawings Site Plans-Sundy Village-2022-01-05 Simple Legal Review Approval Reso 04-22 sundy village waiver City of Delray Beach Page 10 Printed on 2/7/2022 City Commission Regular Commission Meeting February 8, 2022 7.C. RESOLUTION NO. 25-22: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A SEQUENCE OF DEVELOPMENT PROCEDURES BASED ON THE CONDITIONS OF APPROVAL FOR THE PROJECT FORMERLY KNOWN AS SWINTON COMMONS/MIDTOWN DELRAY NOW KNOWN AS SUNDY VILLAGE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A CONFLICTS CLAUSE AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Recommendation: Review and consider Resolution No. 25-22, establishing a sequence of development procedures for the conditions of approval for Sundy Village. Sponsors: Development Services Department Attachments: Agenda Cover Report Res. No. 25-22-Sundy Village Sequencing Exhibit A-Structure Key Map Exhibit B- Block 69 on Survey Exhibit C-Sheets from Midtown Certified Plan Set Exhibit D- Aerial View of Block 69 2018-05-13-CC Approval Letter of 03062018 Simple Legal Review Approval 25-22 Sundy Village Sequencing 7.D. DEVELOPMENT REVIEW PROCESS Recommendation: Provide direction and input regarding potential changes to the review procedures for development approval. Sponsors: Development Services Department Attachments: Agenda Cover Report 7.E. RATIFICATION OF EMERGENCY REGULATIONS RELATED TO COVID-19 ACTIVATED UNDER CHAPTER 95 OF THE DELRAY BEACH CODE OF ORDINANCES. Recommendation: Motion to Ratify the 98th and 99th Extensions of the State of Emergency for COVID-19. Sponsors: City Attorney Department Attachments: Agenda Cover Report 98th extension of state of emergency 1-26-2022 - signed 99th extension of state of emergency 2-2-2022 - signed 8. PUBLIC HEARINGS/SECOND READINGS: 8.A. None 9. FIRST READINGS: City of Delray Beach Page 11 Printed on 2/7/2022 City Commission Regular Commission Meeting February 8, 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 12 Printed on 2/7/2022