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, June 18, 2019 Commission Chambers Delray Beach City Hall City Commission Mayor Shelly Petrolia Vice Mayor Shirley Ervin Johnson Deputy Vice Mayor Bill Bathurst Commissioner Adam Frankel 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 June 18, 2019 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 4. PRESENTATIONS: 4.A. POST LEGISLATIVE SESSION UPDATE BY REPRESENTATIVE MICHAEL CARUSO Sponsors: City Clerk Department Attachments: Agenda Cover Report 4.B. PRESENTING OSCAR DOMINGUEZ, TECHNICAL SERVICES MANAGER, WITH EMPLOYEE OF THE MONTH FOR JUNE 2019. Recommendation: Motion to present Oscar Dominguez, Technical Services Manager, with Employee of the Month for June 2019. Sponsors: Human Resources Department Attachments: Agenda Cover Report Dominguez Employee of the Month nomination form 4.C. Internal Auditor's Report 4.C.1. None 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.B. From the Public 6. CONSENT AGENDA: City Manager Recommends Approval City of Delray Beach Page 3 Printed on 6/14/2019 City Commission Regular Commission Meeting June 18, 2019 6.A. CITY COMMISSION MEETING MINUTES Recommendation: Motion to approve meeting minutes as listed below: May 7, 2019 City Commission Minutes June 4, 2019 City Commission Minutes Sponsors: City Clerk Department Attachments: Agenda Cover Report May 7, 2019 City Commission Regular Minutes June 4, 2019 City Commission Minutes 6.B. HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND 13TH FLOOR INVESTMENTS, LLC. Recommendation: Motion to Approve Hold Harmless Agreement between the City of Delray Beach and 13th Floor Investments. Sponsors: Fire Rescue Department Attachments: Agenda Cover Report Legal Review Form 13th Floor HH Agreement for Fire Training at Office Depot 6.C. ITEM (A) - ACCEPTANCE OF A HOLD HARMLESS AGREEMENT FOR 4771 W. ATLANTIC AVE. Recommendation: Item A Motion to approve and accept Hold Harmless Agreement located at 4771 W Atlantic Ave. Sponsors: Public Works Department Attachments: Agenda Cover Report Item (A) Hold Harmless Agreement for 4771 W Atlantic Item (A) PAPA Map for 4771 W Atlantic Item (A) PAPA Page for 4771 W Atlantic Item (A) Sunbiz Page for 4771 W Atlantic Item (A) Civil Engineering Plans for 4771 W Atlantic Legal Review Hold Harmless Agreement with 4771 W Atlantic City of Delray Beach Page 4 Printed on 6/14/2019 City Commission Regular Commission Meeting June 18, 2019 6.D. RETROACTIVE APPROVAL OF AMENDMENT NO. 1 TO THE AGREEMENT WITH BAXTER & WOODMAN, INC. FOR CONSTRUCTION, ENGINEERING, AND INSPECTION (CEI) SERVICES FOR AREA 12C RECLAIMED WATER MAIN EXPANSION FOR TWO MONTH CONTRACT EXTENSION Recommendation: Motion to retroactively approve Amendment No.1 to the Agreement with Baxter & Woodman, Inc. for construction, engineering, and inspection (CEI) services for Area 12C Reclaimed Water Main Expansion for a two month contract extension. Sponsors: Purchasing Department Attachments: Agenda Cover Report Legal Review Checklist form v. 5 Baxter Woodman CEI services Fully Executed Agreement - RFQ 2017-042 Amendment 1 to Baxter Woodman CEI 12C Reclaimed Water Expansion Revised CA rev (2) 6.E. PROCLAMATIONS: 6.E.1. None 6.F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.F.1. None 6.G. AWARD OF BIDS AND CONTRACTS: City of Delray Beach Page 5 Printed on 6/14/2019 City Commission Regular Commission Meeting June 18, 2019 6.G.1. APPROVAL OF RESOLUTION NO. 91-19 TO APPROVE AN AGREEMENT WITH ROSSO SITE DEVELOPMENT, INC. FOR SEACREST BLVD. FROM NE 22ND STREET TO GULFSTREAM BLVD. CONSTRUCTION PURSUANT TO ITBC NO. 2019-027 (PROJECT NO. 17-010(16-095)) IN AN AMOUNT NOT-TO-EXCEED $1,935,830 Recommendation: Motion to approve Resolution No. 91-19 to award an Agreement with Rosso Site Development, Inc. for Seacrest Blvd. from NE 22nd Street to Gulfstream Blvd. Construction pursuant to ITBC No. 2019-027 (Project No. 17-010(16-095)) in an amount not-to-exceed $1,935,830. Sponsors: Public Works Department - Programs & Project Management Attachments: Agenda Cover Report Executed Agreement - Rosso - Bid 2019-027 Seacrest Beautification Exhibit A, Contractor's Bid Response Exhibit B, Contractor's Pricing Schedule Exhibit C, FDOT Required Clauses Resolution No. 91-19 (1) Legal Review Checklist Construction Agreement with Russo Site Development 2019-027 Phase 3 Seacrest Beautification (rev 6 Final and Complete) 2019-027 Addendum No. 1 Rosso Bid Submittal 2019-027 Bid Tabulation 6.G.2 APPROVAL OF RESOLUTION NO. 100-19 TO AWARD A SOLE SOURCE AGREEMENT WITH RECHTIEN INTERNATIONAL TRUCKS, INC. FOR INTERNATIONAL OEM PARTS AND RELATED SERVICES - $75,000 Recommendation: Motion to approve Resolution No. 100-19 to award a sole source agreement with Rechtien International Trucks, Inc. for International OEM parts and related services in an estimated cost of $75,000 and authorize the City Manager to approve renewal options, in the same amounts, contingent upon appropriation of funds. Sponsors: Public Works Department - Fleet Division Attachments: Agenda Cover Report Legal Review Checklist Rechtien International sole source international navistar Resolution No. 100-19 Approved Rechtien International Sole Source Justification Rechtein Agreement Vendor Executed City of Delray Beach Page 6 Printed on 6/14/2019 City Commission Regular Commission Meeting June 18, 2019 6.G.3. RESOLUTION 120-19: APPROVAL OF AGREEMENT WITH SMITH AND WESSON FOR TRADE OF DUTY WEAPONS Recommendation: Motion to approve Resolution # 120-19 approving an agreement with Smith and Wesson for trade of Police Department’s duty weapons at no cost to the City. Sponsors: Police Department Attachments: Agenda Cover Report Resolution 120-19 APPROVAL OF GREEMENT WITH SMITH AND WESSON FOR TRADE OF DUTY WEAPO Trade Agreement _LW review Legal Review Checklist_LW Smith and Wesson Trade TRADE QUOTE - Delray Beach PD 7. REGULAR AGENDA: 7.A. APPOINTMENT OF ASSISTANT CITY ATTORNEY Recommendation: Motion to appoint Kelly Brandon as Assistant City Attorney. Sponsors: City Attorney Department Attachments: Agenda Cover Report 7.B. NOMINATION FOR APPOINTMENT TO THE EDUCATION BOARD Recommendation: Motion to approve nomination for appointment for one (1) regular member to serve on the Education Board for two year terms ending July 31, 2021. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Education Board Member List Education Board Attendance List Education Board Applications City of Delray Beach Page 7 Printed on 6/14/2019 City Commission Regular Commission Meeting June 18, 2019 7.C. NOMINATIONS FOR APPOINTMENT TO THE POLICE ADVISORY BOARD Recommendation: Motion to approve nominations for appointment for five (5) regular members to serve on the Police Advisory Board for two (2) year terms ending July 31, 2021. Sponsors: City Clerk Department Attachments: Agenda Cover Report 06182019 Exhibit A Police Advisory Board Member List Police Advisory Board Attendance List Police Advisory Board Apps 7.D. NOMINATIONS FOR APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD Recommendation: Motion to approve nominations for appointment for three (3) regular members to serve on the Public Art Advisory Board for two (2) years term ending July 31, 2021. Sponsors: City Clerk Department Attachments: Agenda Cover Report 06182019 Exhibit A Public Art Advisory Board Member List Public Art Advisory Board Attendance List Public Arts Advisory Boards Applications 7.E. RESOLUTION NO. 116-19, BUDGET AMENDMENT Recommendation: Motion to Approve Resolution No. 116-19 amending the budget for Fiscal Year (FY) 2018/19 adopted September 25, 2018. Sponsors: Finance Department Attachments: Agenda Cover Report Exhibit A Mid Year Amendment - 2019 Mid-Year Amendment Narrative - 2019 Mid Year Budget Amendment Summary - 2019 Resolution No 116-19 - 2019 7.F. DISCUSSION AND DIRECTION REGARDING DISPARITY STUDY Sponsors: City Manager Department Attachments: Agenda Cover Report 8. PUBLIC HEARINGS: City of Delray Beach Page 8 Printed on 6/14/2019 City Commission Regular Commission Meeting June 18, 2019 8.A. ORDINANCE NO. 19-19: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE “ALWAYS DELRAY” COMPREHENSIVE PLAN FOR THE 2019-2040 PLANNING HORIZON BY REPEALING AND REPLACING THE ADOPTED COMPREHENSIVE PLAN IN ITS ENTIRETY; PROVIDING FOR THE GOALS, OBJECTIVES, AND POLICIES, INCLUDING THE “ALWAYS DELRAY” MAP SERIES FOR THE FOLLOWING ELEMENTS: HEALTHY COMMUNITY; HISTORIC PRESERVATION; HOUSING; MOBILITY; CAPITAL IMPROVEMENTS; ECONOMIC PROSPERITY; STRATEGIC PARTNERSHIPS; COASTAL MANAGEMENT; CONSERVATION, SUSTAINABILITY AND RESILIENCY; OPEN SPACE, PARKS, AND RECREATION; EDUCATION; NEIGHBORHOODS, DISTRICTS, AND CORRIDORS; AND PUBLIC FACILITIES; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. (FIRST READING) Recommendation: Review and consider Ordinance No. 19-19 at first reading to transmit the Always Delray Comprehensive Plan to the Department of Economic Opportunity for review. Sponsors: Development Services Department City of Delray Beach Page 9 Printed on 6/14/2019 City Commission Regular Commission Meeting June 18, 2019 Attachments: Agenda Cover Report Ord. No. 19-19 Always Delray Comprehensive Plan Exhibit A Current Comprehensive Plan Exhibit B.1 Healthy Community GOPs HCE DIA Exhibit B.2 Historic Preservation GOPs HPE DIA Exhibit B.3 Housing GOPs HOU DIA Exhibit B.4 Mobility GOPs Exhibit B.5 Capital Improvements GOPs CIE DIA Exhibit B.6 Economic Prosperity GOPs ECP DIA Exhibit B.7 Strategic Partnerships GOPs SPE DIA Exhibit B.8 Coastal Management GOPs CME DIA Exhibit B.9 Conservation Sustainability Resiliency GOPs CSR DIA Exhibit B.10 Open Space Parks Recreation GOPs OPR DIA Exhibit B.11 Education GOPs EDU DIA Exhibit B.12 Neighborhoods Districts Corridors GOPs NDC DIA Exhibit B.13 Public Facilities GOPs PFE DIA Exhibit B.14 Always Delray Map Series DIA Map Series Always Delray Project List Always Delray Element Overview_13 Elements 9. FIRST READINGS: 9.A. None 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: City of Delray Beach Page 10 Printed on 6/14/2019 City Commission Regular Commission Meeting June 18, 2019 A. City Manager B. City Attorney C. City Commission City of Delray Beach Page 11 Printed on 6/14/2019