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 21, 2023 Commission Chambers Delray Beach City Hall City Commission Mayor Shelly Petrolia Vice Mayor Adam Frankel Deputy Vice Mayor Juli Casale Commissioner Ryan Boylston Commissioner Shirley Ervin Johnson  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 21, 2023 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 3.A. Additions, Deletions, Substitutions 4. PRESENTATIONS: 4.A. PRESENTING ANDREW RAYFIELD, SENIOR MASTER FLEET TECHNICIAN, WITH EMPLOYEE OF THE MONTH FOR JANUARY 2023 Recommendation: Motion to approve Andrew Rayfield as Employee of the Month for January 2023. Sponsors: Human Resources Department Attachments: Agenda Cover Report Employee of the Month Rayfield January 2023 4.B. NEW WATER TREATMENT PLANT VALIDATION AND PROJECT DELIVERY - HAZEN AND SAWYER PRESENTATION Sponsors: Utilities Department Attachments: Agenda Cover Report 4.C. PRESENTATION REGARDING PALM TRAN'S OVERVIEW AND BUS SHELTER IMPROVEMENT PROGRAM Recommendation: Receive presentation to be made by Clinton B. Forbes, Executive Director of PalmTran. Sponsors: City Manager Department Attachments: Agenda Cover Report 4.D. GREEN IMPLEMENTATION ADVANCEMENT BOARD 2023 ANNUAL REPORT Recommendation: Motion to Accept Report. Sponsors: City Manager Department Attachments: Agenda Cover Report 2023 Annual Report (7) 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 City of Delray Beach Page 3 Printed on 2/17/2023 City Commission Regular Commission Meeting February 21, 2023 5.A.1. CITY COMMISSION INPUT TO SUPPORT REVISIONS TO THE SPECIAL EVENTS POLICIES Recommendation: The City Commission is asked to review the City's Special Event Policy and provide input regarding any potential revisions it would like to be addressed. Sponsors: City Manager Department Attachments: Agenda Cover Report Sec.101.32 - Assemblies and Special Events 2016 - Special Events Policy 2018 Special Event Policy 2019 Quick Guide to Special Even 090816 - Special Event Guidebook 5.A.2. REVIEW OF UPDATED BUDGET TRANSFER AND AMENDMENT POLICY Recommendation: N/A - Presentation item. Sponsors: Finance Department Attachments: Agenda Cover Report Revised Budget Transfer and Amendment Policy (BF-7 REV.7)_FINAL_v4 Current Budget Transfer and Amendment Policy 5.B. From the Public 6. CONSENT AGENDA: City Manager Recommends Approval 6.A. CITY COMMISSION MEETING MINUTES Recommendation: Motion to approve meeting minutes as listed below: February 7, 2023 Workshop Meeting Minutes February 7, 2023 Regular Meeting Minutes Sponsors: City Clerk Department Attachments: Agenda Cover Report February 7, 2023 Workshop Meeting Minutes - DRAFT February 7, 2023 Regular Meeting Minutes - DRAFT City of Delray Beach Page 4 Printed on 2/17/2023 City Commission Regular Commission Meeting February 21, 2023 6.B. RESOLUTION NO. 42-23: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING RESOLUTION 15-23; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Recommendation: Motion to approve Resolution 42-23 repealing Resolution 15-23. Sponsors: City Clerk Department Attachments: Agenda Cover Report Resolution 42-23 Repealing Reso No. 15-23 Simple Legal Review Approval Repeal of 15-23 6.C. APPROVAL OF REVOCABLE LICENSE AGREEMENT WITH JPR PRODUCTIONS, INC. TO PROMOTE AND PRODUCE THE LOTOS FESTIVAL TO BE HOSTED AT THE DELRAY BEACH TENNIS CENTER Recommendation: Motion to approve Revocable License Agreement with JPR Productions, Inc. to promote and produce the Lotos Festival to be hosted on April 29, 2023 at the Delray Beach Tennis Center. Sponsors: Parks & Recreation Department Attachments: Agenda Cover Report Legal Review_RLA_Lotos Music Festival rev. 1.19.23 Lotos Music Festival rev. kwb 1.19.23 (for April 29 2023 festival) ExA_CostEstimates_LOTOS Festival- April 29 2023 6.D. APPROVAL OF REVOCABLE LICENSE AGREEMENT WITH DELRAY BOXING, LLC. TO HOST COMPETITIVE BOXING MATCHES, SANCTIONED BY THE STATE OF FLORIDA ATHLETIC COMMISSION, MARCH 17, 2023 FOR AN EVENT KNOWN AS "BLACKSHEEP FIGHT NIGHT". Recommendation: Motion to approve a Revocable License Agreement (RLA) with Delray Beach Boxing, LLC. (Delray Boxing) to host competitive boxing matches, sanctioned by the State of Florida Athletic Commission, for an event known as "Blacksheep Fight Night", March 17, 2023. Sponsors: Parks & Recreation Department Attachments: Agenda Cover Report Simple Legal Review Approval boxing 2023 Boxing License Agreement - Tennis Center for 2023 Boxing_March 2023 costs- Exhibit A City of Delray Beach Page 5 Printed on 2/17/2023 City Commission Regular Commission Meeting February 21, 2023 6.E. APPROVAL OF REVOCABLE LICENSE AGREEMENT WITH FOSTER EVENT GROUPS, LLC. TO HOST A COMPETITIVE PICKLEBALL TOURNAMENT MAY 10-MAY 14, 2023 KNOWN AS THE, "DELRAY BEACH PICKLEBALL OPEN", AT THE DELRAY BEACH TENNIS CENTER. Recommendation: Motion to approve a Revocable License Agreement (RLA) with Foster Event Groups, LLC. to host a competitive pickleball tournament known as the "Delray Beach Pickleball Open" beginning May 10, 2023 through May 14, 2023 at the Delray Beach Tennis Center. Sponsors: Parks & Recreation Department Attachments: Agenda Cover Report Legal Review Checklist_RLA_Foster_DelrayBeachPickleball Open_2023 RLA_FosterEvents_Pickleball_May2023 Foster_Pickleball_ May 10-14 2023 costs_Ex A 6.F. MOTION TO APPROVE CHANGE ORDER NO. 2: DEMOLITION, DECOMMISSIONING, AND REMOVAL OF THE EXISTING FUEL STATION FOR FIRE STATION 113 IN AN AMOUNT NOT TO EXCEED $29,716.10 IN ACCORDANCE WITH AN APPROVED AGREEMENT WITH GULF BUILDING, LLC. PURSUANT TO RFP NO. 2019-008. Recommendation: Motion to approve Change Order No. 2 for the demolition, decommissioning, and removal of the existing fuel station for Fire Station 113 in an amount not to exceed $29,716.10 (Change Order No. 2) in accordance with an approved agreement with Gulf Building LLC. pursuant to RFP No. 2019-008. Sponsors: Public Works Department Attachments: Agenda Cover Report Delray FS-113 - Fair Reasonable - Fuel Tank Removal 011223 Gulf Building Contract 011223 City of Delray Beach Page 6 Printed on 2/17/2023 City Commission Regular Commission Meeting February 21, 2023 6.G. APPROVAL OF ADDITIONAL SPENDING TO CONTRACT WITH ADT COMMERCIAL, LLC IN THE AMOUNT OF $200,000 FOR PURCHASE OF VIDEO RELATED EQUIPMENT AND ACCESSORIES FOR THE WATER TREATMENT PLANT (WTP), UTILIZING THE STATE OF NEVADA MASTER AGREEMENT NUMBER 3407 THROUGH THE NASPO VALUEPOINT COOPERATIVE CONTRACTS. Recommendation: Motion to approve additional spending to contract with ADT Commercial LLC, in the amount of $200,000 , for the purchase of video related equipment and accessories for the Water Treatment Plant (WTP) and other Water Utility facilities, utilizing the State of Nevada Master Agreement Number 3407 through the NASPO ValuePoint Cooperative Contracts. Sponsors: Utilities Department and Purchasing Department Attachments: Agenda Cover Report Delray Water Pro 1.2.pdf Fully Executed Agreement - ADT Commercial LLC&Res44-22.pdf Legal Review Checklist Participating Addendum and MSA for ADT piggyback off Nevada Agmt.pdf State of Nevada Master Agreement.pdf NASPO Extension to 7.30.2023 6.H. PROCLAMATIONS: 6.H.1. 211 AWARENESS MONTH Sponsors: City Clerk Department Attachments: Agenda Cover Report 211 Awareness Month Proclamation 2023 6.I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.I.1. None 6.J. AWARD OF BIDS AND CONTRACTS: 6.J.1. None 7. REGULAR AGENDA: City of Delray Beach Page 7 Printed on 2/17/2023 City Commission Regular Commission Meeting February 21, 2023 7.A. RESOLUTION NO. 40-23: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER REQUEST TO SECTION 4.4.13(C)(4)(h)4.c. OF THE LAND DEVELOPMENT REGULATIONS APPROVING THE CONSTRUCTION OF ROOFTOP SWIMMING POOLS WITHOUT WALKWAYS ON THREE OF FOUR SIDES FOR THE PROPERTY LOCATED AT 354 SE 5TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.(QUASI-JUDICIAL). Recommendation: Review and consider Resolution No. 40-23, granting a waiver to LDR Section 4.4.13(C)(4)(h)4.c., approving rooftop pools without a walkway on three of four sides for the property located at 354 SE 5th Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report Res. No. 40-23_354 SE 5th Ave Pool Walkway Waiver 354 SE 5th Ave Waivers Staff Report 354 SE 5th Ave Applicant Justification Statement 354 SE 5th Ave Architectural Plans 354 SE 5th Ave Survey Legal Review Res 40-23 Waiver re Rooftop Pool Walkways 354 SE 5th Ave City of Delray Beach Page 8 Printed on 2/17/2023 City Commission Regular Commission Meeting February 21, 2023 7.B. RESOLUTION NO. 46-23: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ABANDONMENT OF INTEREST IN A PORTION OF RIGHT-OF-WAY ALLEY LOCATED ALONG THE EASTERN AND NORTHERN PROPERTY LINES OF 213 SOUTHEAST 2ND AVENUE, TOTALING APPROXIMATELY 1,496 SQUARE FEET, AS MORE PARTICULARLY DESCRIBED HEREIN; RETAINING GENERAL UTILITY EASEMENT; REQUIRING THE SUBMITTAL OF A PLAT TO CONSUMMATE THE ABANDONMENT; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL) Recommendation: Review and consider Resolution No. 46-23, a privately-initiated request to abandon an unimproved portion of a City-owned right-of-way (alley) totaling approximately 1,496 square feet and located adjacent to 201 and 213 SE 2nd Avenue, and 206 SE 3rd Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution No. 46-23 - Alley Abandonment Planning and Zoning Board Staff Report Applicant Justification Statement City Engineer Review Survey of Area Sketches of Areas Utility Notification [AT&T] Utility Notification [Comcast] Turning Radius Review Legal Review Res No. 46-23 fka 15-23 Alley Abandonment 7.C. NOMINATION FOR AN APPOINTMENT TO THE EDUCATION BOARD Recommendation: Motion to approve the nomination for an appointment for one (1) regular member to serve on the Education Board for a term ending July 31, 2025. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Education Board Education Board Attendance Burstein Dorow, J Fannon Plante Singer Stefanovic City of Delray Beach Page 9 Printed on 2/17/2023 City Commission Regular Commission Meeting February 21, 2023 7.D. NOMINATION FOR AN APPOINTMENT TO THE HISTORIC PRESERVATION BOARD Recommendation: Motion to approve the nomination for an appointment for one (1) regular member to serve on the Historic Preservation Board for an unexpired term ending August 31, 2024. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A HPB Attendance 2022 HPB Attendance 2023 Historic Preservation Board Cullinan Heredia Jansen Land O'Conner Olieberg Sylvester 7.E. CONSIDERATION OF CONVEYANCE OF 3 PARCELS TO THE CITY OF DELRAY BEACH BY CONSERVATION FLORIDA , INC. Recommendation: The City Commission is asked to consider accepting the conveyance of 3 parcels by Conservation Florida, Inc. to the City of Delray Beach by Special Warranty Deed. Sponsors: City Manager Department Attachments: Agenda Cover Report Letter to Vice Mayor Shirley Johnson 7.20.21. property appraiser map of Kenmont Landing lots Special Warrant Deed LG rev 2-22-22 rev 9-8-22 rev 1-6-23 TDrev 1-27-23 2103-025-Appraisal Report - XXXXX Palm Trail Curently Owned Parcels and Deed Simple Legal Review Approval Special Warranty Deed Conservation Florida, Inc. 2.10.23 City of Delray Beach Page 10 Printed on 2/17/2023 City Commission Regular Commission Meeting February 21, 2023 7.F. APPROVAL OF AMENDMENT NO. 6 TO THE SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND WASTE MANAGEMENT INC. OF FLORIDA Recommendation: Motion to Approve Amendment No. 6 to the Solid Waste and Recycling Collection Agreement dated March 9, 2015, between the City of Delray Beach and Southern Waste Systems, LLC and assigned to Waste Management Inc. of Florida on December 14, 2015. Sponsors: Neighborhood & Community Services and Purchasing Department Attachments: Agenda Cover Report Simple Legal Review Approval Amend No. 6 to Solid Waste and Recycling Agreement 2014-38 - Agreement Amendment No. 6_v2 lg rev Amendment No. 5 to Exclusive Franchise Agreement - Solid Waste & (2) Amendment No. 4 - Solid Waste & Recycling Collection Agreement Executed Amendment No. 3 - Solid Waste & Recycling Collection Agreement Waste Management - amd no. 2 to solid waste and recycling collection franchise agreement dated April 3, 2018 Waste Management of Florida - amendment no. 1 to franchise agreement for collection of solid waste and recycl Southern Waste 2015 Exclusive Franchise Agreement 7.G. APPROVAL OF THE EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND WASTE MANAGEMENT INC. OF FLORIDA FOR THE COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS. Sponsors: Neighborhood & Community Services and Purchasing Department Attachments: Agenda Cover Report Delray RFP 2022-046 Draft Exclusive Franchise Agreement 8. PUBLIC HEARINGS/SECOND READINGS: 8.A. None 9. FIRST READINGS: City of Delray Beach Page 11 Printed on 2/17/2023 City Commission Regular Commission Meeting February 21, 2023 9.A. ORDINANCE NO. 03-23: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, CHAPTER 7, “BUILDING REGULATIONS,” ARTICLE 7.4, “HOUSING CODE,” BY CREATING A NEW SECTION 7.4.3, “NOTICE OF TERMINATION OF RESIDENTIAL TENANCIES AND PAYMENT INCREASE,” PROVIDING FOR REQUIRED WRITTEN FAIR NOTICE OF TERMINATION OF RESIDENTIAL TENANCIES AND FOR RENTAL PAYMENT INCREASES; PROVIDING FOR ENFORCEMENT; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) Recommendation: Consider Ordinance No. 03-23, a City-initiated request to amend Article 7.4, “Housing Code” of the Land Development Regulations (LDR) to create a new Section 7.4.3, “Notice of Termination of Residential Tenancies and Payment Increase,” to require written fair notice of termination of residential tenancies and rental payment increases. Sponsors: City Attorney Department Attachments: Agenda Cover Report Ordinance No. 03-23 PZB Staff Report Simple Legal Review Approval Ordinance 03-23 9.B. ORDINANCE NO. 05-23: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A SMALL-SCALE LAND USE MAP AMENDMENT REDESIGNATING FOURTEEN PARCELS OF LAND MEASURING APPROXIMATELY 17.03 ACRES, LOCATED ON GREENSWARD LANE, SOUTH OF HAMLET DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM OPEN SPACE TO LOW DENSITY RESIDENTIAL AND MEDIUM DENSITY RESIDENTIAL, PURSUANT TO THE PROVISIONS OF THE “COMMUNITY PLANNING ACT”, FLORIDA STATUTES SECTION 163.3187; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (FIRST READING) Recommendation: Consider a City-initiated Land Use Map Amendment (LUMA) from Open Space (OS) to Low Density (LD) and Medium Density (MD) in correction of a data conversion error for 14 parcels totaling 17.03+/- acres located on Greensward Lane within The Hamlet and fully described in Ordinance No. 05-23. Sponsors: Development Services Department Attachments: Agenda Cover Report The Hamlet - Ordinance No. 05-23_leg rev_WB The Hamlet - PZB Staff Report The Hamlet - Location/Index Map The Hamlet - Current and Proposed Land Use The Hamlet - Legal Review of Ordinance No. 05-23 City of Delray Beach Page 12 Printed on 2/17/2023 City Commission Regular Commission Meeting February 21, 2023 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager A.1. Commentary Regarding Special Meeting for Golf Course Presentations Sponsors: City Manager Department B. City Attorney C. City Commission 11. ADJOURNMENT City of Delray Beach Page 13 Printed on 2/17/2023