City Commission

City of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 www.delraybeachfl.gov Regular Commission Meeting Regular Meeting at 4:00 PM Tuesday, August 15, 2023 Commission Chambers Delray Beach City Hall City Commission Mayor Shelly Petrolia Vice Mayor Ryan Boylston Deputy Vice Mayor Rob Long Commissioner Adam Frankel Commissioner Angela Burns  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 August 15, 2023 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 3.A. Additions, Deletions, Substitutions 4. PRESENTATIONS: 4.A. PRESENTATION REGARDING THE LOCATION OF THE 35TH ANNUAL DOWNTOWN DELRAY BEACH FESTIVAL OF THE ARTS PRESENTATION Recommendation: The City Commission is asked to hear the presentation and provide any feedback on the proposed location for the event. Sponsors: City Manager Department Attachments: Agenda Cover Report Festival of the Arts Special Events Application Festival of the Arts Proposed Map 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 6.A. CITY COMMISSION MEETING MINUTES Recommendation: Motion to approve meeting minutes as listed below: July 18, 2023 Workshop Meeting Minutes Sponsors: City Clerk Department Attachments: Agenda Cover Report July 18, 2023 Workshop Meeting Minutes - DRAFT City of Delray Beach Page 3 Printed on 8/8/2023 City Commission Regular Commission Meeting August 15, 2023 6.B. APPROVAL OF ROADWAY BANNER SIGN AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DOWNTOWN DEVELOPMENT AUTHORITY Recommendation: Motion to Approve of Roadway Banner Sign Agreement between the City of Delray Beach and the Downtown Development Authority. Sponsors: City Attorney Department Attachments: Agenda Cover Report City - DDA Banner agreement FINAL Downtown Banner Management Area 6.C. RESOLUTION NO. 156-23 AMENDING THE FISCAL YEAR 2022-23 BUDGET ADOPTED BY RESOLUTION NO.157-22 ON SEPTEMBER 19, 2022 Recommendation: Motion to Approve Resolution No. 156-23 amending the budget for Fiscal Year 2022-23 adopted on September 19, 2022. Sponsors: Finance Department Attachments: Agenda Cover Report Resolution 156-23 Budget Amendment Exhibit A - FY 2023-24 Amendment 8.15.2023 Simple Legal Review Resolution 156-23 6.D. APPROVAL OF AMENDMENT NO.4: AGREEMENT WITH SUNSHINE CLEANING SYSTEMS, LLC. AMENDMENT NO. 4 TO 2019-003 FOR CITY WIDE JANITORIAL SERVICES TO INCREASE CONTRACT VALUE IN THE AMOUNT OF $83,873.88 PER YEAR AND TO INCLUDE ADDITIONAL SERVICES AND LOCATION Recommendation: Motion to approve increase in the amount of $83,873.88 per year to the contract value for additional janitorial services needed at the Delray Beach Municipal Golf Club and to add services at Lake View Golf Club. The increase will provide janitorial and window cleaning services necessary for both golf clubs. Sponsors: Parks & Recreation Department and Purchasing Department Attachments: Agenda Cover Report Legal Review_Sunshine Cleaning_Amendment_ 7.28.23 Sunnshine Cleaning_2019-003_Amend No.4 Vendor Signed Amendment-4 City of Delray Beach Page 4 Printed on 8/8/2023 City Commission Regular Commission Meeting August 15, 2023 6.E. GRANT APPLICATION/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) Recommendation: Motion to approve application for the 2023 Edward Byrne Memorial Justice Assistance Grant in the amount of $35,267. Sponsors: Police Department Attachments: Agenda Cover Report JAG Local Solicitation FY 2023-2024 - O-BJA-2023-171790 disclosure JAG 2023-2024 fy-23-local-jag-ce-certification standardassurances certifications regarding lobbying suspension and other matters work comp Legal Review Form_JAG_LW 23 6.F. APPROVAL OF SUBMISSION OF THE GRANT APPLICATION TO RESILIENT FLORIDA INFRASTRUCTURE GRANT PROGRAM WITHIN THE OFFICE OF RESILIENCE AND COASTAL PROTECTION (ORCP) TO DEMOLISH AND REBUILD FIRE STATION NO. 112. Recommendation: Motion to approve and allow the Public Works Department to submit the Resilient Florida Infrastructure ORCP Grant application to the Florida Department of Environmental Protection (FDEP) requesting $7,500,000 in grant funds. Sponsors: Public Works Department Attachments: Agenda Cover Report 6.G. APPROVAL TO INCREASE THE CONTRACT VALUE OF RFQ NO. 2020-020 WITH BAXTER & WOODMAN, INC. FOR ADDITIONAL CONSTRUCTION ENGINEERING AND INSPECTION SERVICES FOR THE LOWSON BOULEVARD/SW 10TH STREET FROM DOVER ROAD TO SOUTHEAST 5TH AVENUE (US-1/FEDERAL HIGHWAY) PROJECT IN THE AMOUNT OF $319,227. Recommendation: Motion to approve a contract value increase of RFQ No. 2020-020 with Baxter and Woodman, Inc. for additional Construction Engineering and Inspection (CEI) Services for the Lowson Boulevard/SW10th Street from Dover Road to Southeast 5th Avenue (US-1/Federal Highway) Project in the amount of $319,227, for revised total contract amount of $1,049,809.64. Sponsors: Public Works Department Attachments: Agenda Cover Report Fully Executed Agreement - Baxter & Woodman CEI for Lowson Resolution 98-21 Proposal for Increase of CEI Services - Lowson Blvd City of Delray Beach Page 5 Printed on 8/8/2023 City Commission Regular Commission Meeting August 15, 2023 6.H. APPROVAL TO INCREASE THE CONTRACT VALUE OF P2022-029 WITH SIEMENS INDUSTRY, INC. FOR HVAC SYSTEMS AND RELATED SERVICES, IN THE AMOUNT OF $270,000, FOR A REVISED CONTRACT TOTAL OF $939,230. Recommendation: Motion to approve an increase in the amount of P2022-029 with Siemens Industry, Inc. for HVAC Systems and Related Services, in the amount of $279,000, for a revised contract total of $939,230. Sponsors: Public Works Department Attachments: Agenda Cover Report Sourcewell RFP #070121 Legal Review Checklist - P2022-029 P2022-029 Resolution No. 65-22 6.I. APPROVE AMENDMENT 1 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION/PROFESSIONAL SERVICES - FY 2022-2023 Recommendation: Approve the Interlocal Agreement (ILA) between the City of Delray Beach (City) and Delray Beach Community Redevelopment Agency (CRA) for funding for Capital Improvement Projects within the CRA District for Fiscal Year 2022-2023. Sponsors: Public Works Department Attachments: Agenda Cover Report PE - First Amend. ILA City for Funding ConstructionProfessional FY 22-23 (7.25.23) Simple Legal Review Approval- Amendment to Interlocal Agreement with CRA 6.J. PROCLAMATIONS: 6.J.1. OBSERVANCE OF LABOR DAY PROCLAMATION Recommendation: Motion to observe September 4, 2023 as National Labor Day. Sponsors: City Clerk Department Attachments: Agenda Cover Report National Labor Day 6.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: City of Delray Beach Page 6 Printed on 8/8/2023 City Commission Regular Commission Meeting August 15, 2023 6.K.1. REPORT OF APPEALABLE DEVELOPMENT APPLICATION ACTIONS FROM JULY 17, 2023 THROUGH AUGUST 2, 2023. Recommendation: By motion, receive and file this report for actions on development application requests from July 17, 2023 through August 2, 2023. Sponsors: Development Services Department Attachments: Agenda Cover Report PZB (7-17) 8.B 4593 133rd Rd South PAAB (7-25) 7.A 342 NE 3rd Avenue SPRAB (7-26) 8.A Delray Colonial SPRAB (7-26) 8.B Taco Bell SPRAB (7-26) 8.C Ocean Place Condominium SPRAB (7-26) 8.D 439 East Atlantic Avenue SPRAB (7-26) 9.A Cason United Methodist Church SPRAB (7-26) 9.B Cason Court SPRAB (7-26) 9.C Delray Beach FS 113 SPRAB (7-26) 9.D Galaxy Marble HPB (8-2) 8.A 209 NE 5th Street 6.L. AWARD OF BIDS AND CONTRACTS: 6.L.1. RESOLUTION 98-23 APPROVING AGREEMENT WITH MOTOROLA SOLUTIONS, INC. FOR PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES, AND SOLUTIONS UTILIZING NATIONAL ASSOCIATION OF STATE PROCUREMENT OFFICIALS (NASPO) MASTER AGREEMENT # 00318 - $90,000 Recommendation: Motion to approve Resolution 98-23 approving agreement with Motorola Solutions, Inc. for purchases of public safety communications products, services, and solutions, utilizing the National Association of State Procurement Officials (NASPO) Master Agreement # 00318 in an amount not to exceed $90,000 through the term of the contract of December 31, 2026 and final renewal through December 31, 2028. Sponsors: Police Department and Purchasing Department Attachments: Agenda Cover Report Resolution 98-23 -Motorola Motorola Master Contractor Services Agreement - vendor executed Legal Review Checklist_Motorola_8.2.23 1641483982_00318 NVP-MA Motorola-Executed - PD 1648039828_Public Safety Communications Products Services and Solutions Motorola Solutions Florida-PD 1681859251_Motorola Solutions NASPO Price List_Updated 041023- v4 - PD City of Delray Beach Page 7 Printed on 8/8/2023 City Commission Regular Commission Meeting August 15, 2023 6.L.2. APPROVAL OF RESOLUTION NO. 122-23 TO AWARD AN AGREEMENT WITH HAWKINS WATER TREATMENT GROUP, INC. (HAWKINS, INC.) FOR PURCHASE AND DELIVERY OF HYDROFLUOSILICIC ACID UTILIZING TOHOPEAKALIGA (TOHO) WATER AUTHORITY SOLICITATION NO. IFB 23-083 IN A TOTAL AMOUNT NOT-TO-EXCEED $472,000. Sponsors: Utilities Department and Purchasing Department Attachments: Agenda Cover Report Resolution 122-23_lw rev.pdf Legal Review Checklist_Hawkins Water Treatment.pdf Vendor Executed.pdf 6.L.3. APPROVAL OF RESOLUTION NO. 125-23 TO AWARD AN AGREEMENT WITH TPH HOLDINGS, LLC D/B/A THE PARTS HOUSE, FOR THE PURCHASE OF AUTOMOTIVE PARTS AND SUPPLIES UTILIZING THE SEMINOLE COUNTY RFP NO. RFP-604381-22/LNF IN THE AMOUNT OF $240,000. Recommendation: Motion to approve Resolution No. 125-23 to award an agreement with TPH Holdings, LLC d/b/a The Parts House, for the purchase of automotive parts and supplies utilizing the Seminole County RFP No. RFP-604381-22/LNF in the amount of $240,000. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Legal Review Checklist Automotive Parts and Supplies P2023-009 Automotive Parts and Supplies RFP-604381-22 The Parts House Vendor Signed P2023-009 Autop Parts and Supplies Resolution No 125-23 Word lg rev 8-2-23 City of Delray Beach Page 8 Printed on 8/8/2023 City Commission Regular Commission Meeting August 15, 2023 6.L.4. APPROVAL OF RESOLUTION NO. 150-23 TO AWARD AN AGREEMENT WITH HAVERLAND AG INNOVATIONS INC. FOR SPORTS TURF MAINTENANCE OF THE SEACREST SOCCER COMPLEX AND HILLTOPPER STADIUM FOR A THREE YEAR-TERM PLUS RENEWALS FOR A TOTAL OF $827,470 ($165,494 PER YEAR) Recommendation: Motion to approve Resolution No. 150-23 to award an agreement with Haverland AG Innovations Inc. for sports turf maintenance of the Seacrest Soccer Complex and Hilltopper Stadium for the Parks and Recreation Department in the total amount of $827,494 and to authorize the City Manager to execute any amendments and take all actions necessary to effectuate this agreement. Sponsors: Parks & Recreation Department and Purchasing Department Attachments: Agenda Cover Report ITB2023-065_Legal Review_Haverland_2023 Haverland_ITB 2023-065_agreement_2023 EXHIBIT B_ITB2023-065_Seacrest-HIlltopper_2023 Vendor Signed Agreement Resolution No. 150-23 lg rev 8-2-23 (002) EXHIBIT A_ITB2023-065_Seacrest Hilltopper Stadium 7. REGULAR AGENDA: 7.A. CONSIDERATION OF CITY MANAGERS MERIT INCREASE PURSUANT TO CONTRACT Recommendation: Motion to consider the City Manager's salary review. Sponsors: Human Resources Department Attachments: Agenda Cover Report City Manager 2023 Eval Form. 7.B. FISCAL YEAR 2023-2024 PROPOSED CAPITAL IMPROVEMENT PLAN (CIP) DISCUSSION Recommendation: Discuss and provide recommendations concerning the proposed Fiscal Year 2023-2024 (FY23-24) Capital Improvement Plan (CIP) budget. Sponsors: Public Works Department Attachments: Agenda Cover Report City of Delray Beach Page 9 Printed on 8/8/2023 City Commission Regular Commission Meeting August 15, 2023 7.C. APPROVAL OF RESOLUTION NO. 154-23 TO AWARD AN AGREEMENT WITH WESTWAY TOWING, INC., FOR VEHICLE TOWING AND STORAGE SERVICES - $156,712.50 FOR THE INITIAL THREE-YEAR TERM Recommendation: Motion to approve Resolution No. 154-23 to award an Agreement with Westway Towing, Inc. for the Citywide Vehicle Towing and Storage Services in the estimated projected revenue amount of $156,712.50 ($52,237.50 per year) through August 7, 2026 and authorizing the City Manager to approve renewal options, in the amount below, contingent upon appropriation of funds. Sponsors: Purchasing Department Attachments: Agenda Cover Report Packet_for_Bid_RFQ_2023-007 Final 0. CITY_OF_DELRAY_RFQ_SUBMITTAL_FINAL Resolution No. 154-23 Agreement RFQ2023-007 Towing and Storage Services Vendor Signed CITY OF DELRAY CONTRACT Legal Review Checklist towing Updated COI 8. PUBLIC HEARINGS/SECOND READINGS: 8.A. None 9. FIRST READINGS: 9.A. ORDINANCE NO. 34 -23, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CREATING AN ENTIRELY NEW TITLE 12, “TAXATION”, OF THE CODE OF ORDINANCES BY ENACTING A NEW CHAPTER 122, “ADDITIONAL HOMESTEAD EXEMPTION FOR PERSONS 65 YEARS OR OLDER,” AUTHORIZING AN ADDITIONAL $25,000 HOMESTEAD EXEMPTION FOR ELIGIBLE PERSONS, PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. (FIRST READING) Recommendation: Staff recommends approval of Ordinance No. 34-23 on first reading. Sponsors: Finance Department Attachments: Agenda Cover Report household income sworn statement_dr501sc Limited Income Senior Exemption for Persons 65 and Older Ord 34-23_creating new Title 12 Add'l homestead exemption - Finance Simple Legal Review Approval Ord 34-23 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: City of Delray Beach Page 10 Printed on 8/8/2023 City Commission Regular Commission Meeting August 15, 2023 A. City Manager B. City Attorney C. City Commission 11. ADJOURNMENT City of Delray Beach Page 11 Printed on 8/8/2023