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 5:00 PM Tuesday, May 7, 2024 Commission Chambers Delray Beach City Hall City Commission Mayor Thomas F. Carney, Jr. Vice Mayor Juli Casale Deputy Vice Mayor Rob Long Commissioner Tom Markert 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 May 7, 2024 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 3.A. Additions, Deletions, Substitutions 4. PRESENTATIONS: 4.A. ACCEPTANCE OF 2024 DELRAY BEACH EDUCATION GRANT THE PUBLIC IS ADVISED that two (2) or more members of the Palm Beach County School Board may be in attendance, and may speak, at the Regular Commission Meeting of the City of Delray Beach City Commission on May 7, 2024. The meeting will begin at 5:00 p.m. in the City Hall Commission Chambers located at 100 N.W. 1st Avenue, Delray Beach, FL 33444. Recommendation: N/A Sponsors: City Manager Department Attachments: Agenda Cover Report 4.B. FLORIDA GREEN BUILDING COALITION AWARDS Recommendation: Receive presentation regarding awards given to the City, for work related to green building and green local government certification. Sponsors: City Manager Department Attachments: Agenda Cover Report 4.C. 2024 HISTORIC PRESERVATION BOARD AWARDS - A PRESENTATION TO THE CITY COMMISSION OF THE 2024 HISTORIC PRESERVATION BOARD AWARDS. Recommendation: Presentation. Sponsors: Development Services Department Attachments: Agenda Cover Report 4.D. QUARTERLY FINANCIAL REVIEW THROUGH MARCH 31, 2024 Recommendation: N/A - Presentation item. Sponsors: Finance Department Attachments: Agenda Cover Report rptIncomeStatement_all funds summary_03.31.2024 rptIncomeStatement_Gen fund by category_03.31.2024 rptIncomestatement_all funds detailed_03.31.2024 City of Delray Beach Page 3 Printed on 5/6/2024 City Commission Regular Commission Meeting May 7, 2024 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: April 9, 2024 Regular Meeting Minutes - DRAFT Sponsors: City Clerk Department Attachments: Agenda Cover Report April 9, 2024 Regular Meeting Minutes - DRAFT City of Delray Beach Page 4 Printed on 5/6/2024 City Commission Regular Commission Meeting May 7, 2024 6.B. RESOLUTION NO. 90-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO NOTIFY THE OWNERS OF PROPERTY OF THE CITY’S NEED FOR EASEMENTS THEREON, PROVIDE A WRITTEN OFFER OF COMPENSATION IN THE AMOUNT OF $179,500, ENGAGE IN PRESUIT NEGOTIATIONS, AND OTHERWISE COMPLY WITH SECTION 73.015 OF THE FLORIDA STATUTES IN AN EFFORT TO ACQUIRE A PERMANENT EASEMENT AND A TEMPORARY EASEMENT ON PROPERTY HAVING AN ADDRESS OF 142 SEABREEZE AVENUE, DELRAY BEACH, THAT ARE REQUIRED TO CONSTRUCT AND INSTALL A NEW EXPANDED STORMWATER PUMP STATION FACILITY WITHIN THE THOMAS STREET RIGHT-OF-WAY LYING WEST OF SEABREEZE AVENUE; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION NO. 91-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING THE ACQUISITION OF A PERMANENT EASEMENT AND A TEMPORARY EASEMENT, DESIGNATED AS PARCELS 2A AND 2B, NECESSARY FOR THE CONSTRUCTION OF A NEW EXPANDED STORMWATER PUMP STATION FACILITY WITHIN THE THOMAS STREET RIGHT-OF-WAY LYING WEST OF SEABREEZE AVENUE, TO BE FOR A PUBLIC USE AND PURPOSE; AUTHORIZING THE EMPLOYMENT OF APPRAISERS AND OTHER EXPERTS; AUTHORIZING THE FILING OF EMINENT DOMAIN PROCEEDINGS IN THE EVENT PRESUIT NEGOTIATIONS ARE UNSUCCESSFUL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION NO. 92-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO NOTIFY THE OWNERS OF PROPERTY OF THE CITY’S NEED FOR EASEMENTS THEREON, PROVIDE A WRITTEN OFFER OF COMPENSATION IN THE AMOUNT OF $139,750, ENGAGE IN PRESUIT NEGOTIATIONS, AND OTHERWISE COMPLY WITH SECTION 73.015 OF THE FLORIDA STATUTES IN AN EFFORT TO ACQUIRE A PERMANENT EASEMENT ON PROPERTY HAVING AN ADDRESS OF 202 SEABREEZE AVENUE, DELRAY BEACH, THAT IS REQUIRED TO CONSTRUCT AND INSTALL A NEW EXPANDED STORMWATER PUMP STATION FACILITY WITHIN THE THOMAS STREET RIGHT-OF-WAY LYING WEST OF SEABREEZE AVENUE; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION NO. 93-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING THE ACQUISITION OF A PERMANENT EASEMENT, DESIGNATED AS PARCEL 1, NECESSARY FOR THE CONSTRUCTION OF A NEW EXPANDED STORMWATER PUMP STATION FACILITY WITHIN THE THOMAS STREET RIGHT-OF-WAY LYING WEST OF SEABREEZE AVENUE, TO BE FOR A PUBLIC USE AND PURPOSE; AUTHORIZING THE EMPLOYMENT OF APPRAISERS AND OTHER EXPERTS; AUTHORIZING THE FILING OF EMINENT DOMAIN PROCEEDINGS IN THE EVENT PRESUIT NEGOTIATIONS ARE City of Delray Beach Page 5 Printed on 5/6/2024 City Commission Regular Commission Meeting May 7, 2024 UNSUCCESSFUL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Recommendation: Review and consider Resolution 90-24, authorizing the City Manager to provide required notice and offer of compensation to the property owners of 142 Seabreeze Avenue to acquire permanent and temporary easements required to complete the new Thomas Street stormwater pump station as required by Florida Statutes prior to filing an eminent domain proceeding. Review and consider Resolution 91-24, declaring the acquisition of permanent and temporary easements on the property located at 142 Seabreeze Avenue necessary for the construction of the new Thomas Street stormwater pump station and to be for a public purpose, and authorizing the City to proceed with an eminent domain proceeding to acquire those easements in the event presuit negotiations are unsuccessful. Review and consider Resolution 92-24, authorizing the City Manager to provide required notice and offer of compensation to the property owners of 202 Seabreeze Avenue to acquire a permanent easement required to complete the new Thomas Street stormwater pump station as required by Florida Statutes prior to filing an eminent domain proceeding. Review and consider Resolution 93-24, declaring the acquisition of a permanent easement on the property located at 202 Seabreeze Avenue necessary for the construction of the new Thomas Street stormwater pump station and to be for a public purpose, and authorizing the City to proceed with an eminent domain proceeding to acquire those easements in the event presuit negotiations are unsuccessful. Sponsors: City Attorney Department Attachments: Agenda Cover Report Res 90-24 Authorizing CM to negotiate easements with 142 Seabreeze Owners.bb rev Ex A to Res 90-24 - Parcel 2A Ex B to Res 90-24 - Parcel 2B Res 91-24 Authorizing City to begin Eminent Domain Proceedings - 142 Seabreeze.bb rev Ex C to Res 91-24 - Scale Analysis - need Diagram from Garry.BB Rev 2 Ex 1 to Ex C Res 92-24 Authorizing CM to negotiate easements with 202 Seabreeze Owners.bb rev Ex A to Res 92-24 Authorizing City to begin Eminent Domain Proceedings - 202 Seabreeze Res 93-24 Authorizing City to begin Eminent Domain Proceedings - 202 Seabreeze.bb rev Ex B Res 93-24 Authorizing City to begin Eminent Domain Proceedings - 202 Seabreeze - Scale Analysis 202 S City of Delray Beach Page 6 Printed on 5/6/2024 City Commission Regular Commission Meeting May 7, 2024 6.C. RESOLUTION NO. 115-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA RENAMING THE “REV. J.W.H. THOMAS, JR.” PARK TO THE “REV. DR. J.W.H. THOMAS, JR.” PARK; AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Recommendation: Motion to Approve Resolution 115-24. Sponsors: City Attorney Department Attachments: Agenda Cover Report Resolution 115-24 renaming Rev JWH Tomas Park Jr Park 6.D. PROPOSED OFFER OF SETTLEMENT IN THE CASE OF STEPHEN WINFIELD V. THE CITY OF DELRAY BEACH Recommendation: Motion to deny settlement proposed by Stephen Winfield for the reasons discussed in the confidential memo previously distributed to the City Commission. Sponsors: City Attorney Department Attachments: Agenda Cover Report 6.E. RESOLUTION NO. 114-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO NANCY MCDONALD, FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 531 N. SWINTON AVENUE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(J), TAX EXEMPTION FOR HISTORIC PROPERTIES; AND PROVIDING AN EFFECTIVE DATE. Recommendation: Review and consider Resolution No. 114-24; approving a Historic Property Ad Valorem Tax Exemption request for improvements to the contributing structure and property located at 531 N. Swinton Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report Res No. 114-24 531 N Swinton Ave Historic Ad Valorem Tax Exemption HPB Staff Report-531 N. Swinton Ave After Photographs-531 N. Swinton Ave Before Photographs-531 N. Swinton Ave Certificate of Occupancy-531 N. Swinton Ave Plans-531 N Swinton Ave Survey After-531 N Swinton Ave Survey Before- 531 N Swinton Ave Tax Information- 531 N Swinton Ave Warranty Deed-531 N Swinton Ave Legal Review Res No. 114-24 - 531 N Swinton Ave Historic Ad Valorem Tax Exemption City of Delray Beach Page 7 Printed on 5/6/2024 City Commission Regular Commission Meeting May 7, 2024 6.F. RESOLUTION NO. 65-24 AMENDING THE FISCAL YEAR 2023-24 BUDGET ADOPTED BY RESOLUTION NO.145-23 ON SEPTEMBER 18, 2023. Recommendation: Motion to Approve Resolution No. 65-24 amending the budget for Fiscal Year 2023-24 adopted on September 18, 2023. Sponsors: Finance Department Attachments: Agenda Cover Report Resolution 65-24 Budget Amendment FY 2023-24 05.07.24 Exhibit A - Resolution 65-24 Budget Amendment 5.7.24 Legal Review Res 65-24 Budget Amd to FY 23-24 6.G. APPROVAL OF AMENDMENT NUMBER 5 TO THE LEASE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND PINEAPPLE GROVE HOLDINGS, LLC FOR THE CONTINUED OCCUPANCY OF THE MEDICAL FACILITY LOCATED AT 525 NE 3RD AVENUE, DELRAY BEACH, FLORIDA. Recommendation: Motion to Approve lease renewal for Pineapple Grove Center for the Employee Health and Wellness Center. Sponsors: Human Resources Department Attachments: Agenda Cover Report Amd #5 to Lease with Pineapple Grove 3 Months.. Simple Legal Review Approval amendment 5 pineapple grove lease.. 6.H. PURCHASE ASSISTANCE GRANT AWARD TO LOURDES VASQUEZ AND FERNANDO BALCARCE 14977 WHATLEY ROAD IN THE AMOUNT OF $75,000 Recommendation: Motion to approve a purchase assistance grant retroactively in the amount of $75,000.00 to Lourdes Vasques and Fernando Balcarce funded under the Urban Development Action Grant (UDAG) Program for property located at 14977 Whatley Road Delray Beach, FL 33445. Sponsors: Neighborhood & Community Services Attachments: Agenda Cover Report Legal Review UDAG Balcarce and Vasquez 14977 Whatley Road - SHIP Joachin and Fleurinat 102 NW 13th Av Signed Balcarce/Vasquez Mortgage Signed Balcarce/Vasquez Promissory Note City of Delray Beach Page 8 Printed on 5/6/2024 City Commission Regular Commission Meeting May 7, 2024 6.I. PURCHASE ASSISTANCE GRANT AWARD TO WATSON JOACHIN AND NACHCAR FLEURINAT 102 NW 13TH AVENUE IN AN AMOUNT UP TO $75,000 Recommendation: Motion to approve a purchase assistance grant retroactively in an amount up to $75,000.00 to Watson Joachin and Nachcar Flerinat funded under the State Housing Initiatives Partnership (SHIP) Program for property located at 102 NW 13th Avenue Delray Beach, FL 33444. Sponsors: Neighborhood & Community Services Attachments: Agenda Cover Report Legal Review UDAG Balcarce and Vasquez 14977 Whatley Road - SHIP Joachin and Fleurinat 102 NW 13th Av Second Mortgage - Watson Joachin and Nachcar Fleurinat SHIP Promissory Note - Watson Joachin and Nachcar Fleurinat SHIP 6.J. RESOLUTION 88-24 APPROVING A LEASE AGREEMENT WITH THE PIONEER BOYS ASSOCIATION, INC. FOR THE PROPERTY LOCATED AT 413 LAKE IDA ROAD, INCLUDING THE BUILDING KNOWN AS THE SCOUT HUT, FOR THE PURPOSE OF CONDUCTING SCOUT ACTIVITIES Recommendation: Motion to approve a Lease Agreement with the Pioneer Boys Association, Inc. for the property located at 413 Lake Ida Road, including the building known as the Scout Hut, for the purpose of conducting scout activities; authorizing the City Manager to execute any amendments and/or renewals and to take all actions necessary to effectuate the intent of this Resolution. Sponsors: Parks & Recreation Department Attachments: Agenda Cover Report Legal Review_Lease Agreement with Pioneer Boys Association Res 88-24 - Lease Agreement with Pioneer Boys Association for Scout Hut ScoutHut_LeaseAgreement_2024_PE 6.K. MOTION TO APPROVE ADDITIONAL SPENDING TO THE CONTRACT WITH BFAV LLC. DBA ALL ON STAGE PRODUCTIONS IN THE AMOUNT OF $34,811 FOR SOUND, STAGE AND LIGHTING FOR A REVISED CONTRACT TOTAL OF $170,640. Recommendation: Motion to approve additional spending to the contract with BFAV LLC. DBA All on Stage Productions in the amount of $34,811 for sound, stage, and lighting for a revised contract total of $170,640. Sponsors: Parks & Recreation Department Attachments: Agenda Cover Report Sound Stage Renewal_Amend No. 1_2024 FULLY EXECUTED Agreement - BFAV, LLC. (All On Stage Productions) City of Delray Beach Page 9 Printed on 5/6/2024 City Commission Regular Commission Meeting May 7, 2024 6.L. MOTION TO AUTHORIZE THE CITY MANAGER TO CREATE AND SUBMIT TO THE OFFICE OF CONGRESSWOMAN LOIS FRANKEL, LETTERS OF SUPPORT FOR EACH OF THREE CITY OF DELRAY BEACH REQUESTS FOR CONGRESSIONAL COMMUNITY PROJECT FUNDING FOR THE FEDERAL FISCAL YEAR 2024-2025 BUDGET. Recommendation: Motion to authorize the City Manager to create and submit to the Office of Congresswoman Lois Frankel, letters of support for each of three City of Delray Beach Requests for Congressional Community Project Funding (CPF) for the Federal Fiscal Year 2024-2025 Budget. Sponsors: City Manager Department Attachments: Agenda Cover Report 6.M. PROCLAMATIONS: 6.M.1. PROCLAMATION: KIDS TO PARKS DAY Recommendation: Motion to proclaim May 18, 2024 as Kids to Parks Day. Sponsors: Parks & Recreation Department Attachments: Agenda Cover Report Kids To Parks Day_2024 6.M.2. NATIONAL SAFE BOATING WEEK PROCLAMATION Recommendation: Motion to proclaim the week of May 18 - 24, 2024 as National Safe Boating Week. Sponsors: City Clerk Department Attachments: Agenda Cover Report National Safe Boating Week Proclamation 2024 6.M.3. PUBLIC WORKS WEEK PROCLAMATION Recommendation: Motion to proclaim the week of May 19 to May 25, 2024 as Public Works Week in the City of Delray Beach. Sponsors: Public Works Department Attachments: Agenda Cover Report NPWW Proclamation 2024 24-NPWW-Poster 6.M.4. PROCLAMATION TO DESIGNATE THE WEEK OF MAY 19-25, 2024 AS WATER REUSE WEEK Recommendation: Motion to designate the week of May 19-25, 2024 as Water Reuse Week. Sponsors: Utilities Department Attachments: Agenda Cover Report Proclamation_Reuseweek_2024.doc City of Delray Beach Page 10 Printed on 5/6/2024 City Commission Regular Commission Meeting May 7, 2024 6.M.5. NATIONAL BEACH SAFETY WEEK Recommendation: Motion to proclaim May 20 - 27, 2024 as National Beach Safety Week. Sponsors: Fire Rescue Department Attachments: Agenda Cover Report National Beach Safety Week 2024 6.M.6. PROCLAMATION DESIGNATING THE MONTH OF MAY AS HISTORIC PRESERVATION MONTH IN DELRAY BEACH Sponsors: Development Services Department Attachments: Agenda Cover Report 2024-HP Month Proclamation 6.M.7. MAY 2024 MENTAL HEALTH AWARENESS AND TRAUMA INFORMED CARE MONTH Recommendation: Proclamation to recognize May 2024 as Mental Health Awareness and Trauma Informed Care Month. Sponsors: City Clerk Department Attachments: Agenda Cover Report Mental Health Awareness Month Proclamation 2024 6.M.8. OBSERVANCE OF HAITIAN HERITAGE MONTH Recommendation: Proclaim the month of May as Haitian Heritage Month. Sponsors: City Clerk Department Attachments: Agenda Cover Report Haitian Heritage Month 2024 6.M.9. ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH Recommendation: Motion to declare May as Asian-American and Pacific Islander (AAPI) Heritage Month. Sponsors: City Clerk Department Attachments: Agenda Cover Report Asian American and Pacific Islander Heritage Month 2024 6.M.1 HEPATITIS AWARENESS MONTH PROCLAMATION 0. Recommendation: Motion to proclaim May as Hepatitis Awareness Month. Sponsors: City Clerk Department Attachments: Agenda Cover Report Hepatitis Awareness Month Proclamation 2024 City of Delray Beach Page 11 Printed on 5/6/2024 City Commission Regular Commission Meeting May 7, 2024 6.M.1 JEWISH AMERICAN HERITAGE MONTH PROCLAMATION 1. Recommendation: Motion to proclaim the month of May as Jewish American Heritage Month. Sponsors: City Clerk Department Attachments: Agenda Cover Report Jewish American Heritage Proclamation 2024 6.M.1 NATIONAL STROKE AWARENESS MONTH 2. Recommendation: Motion to proclaim the month of May as National Stroke Awareness Month. Sponsors: City Clerk Department Attachments: Agenda Cover Report Stroke Awareness Month 2024 6.M.1 WE ♥ SMALL BIZ MONTH PROCLAMATION - MAY 2024 3. Recommendation: Motion to proclaim May 2024 as We ♥ Small Biz Month. Sponsors: Economic Development Department Attachments: Agenda Cover Report We Love Small Biz Month Proclamation 2024 6.M.1 PROCLAMATION: NATIONAL TENNIS MONTH 4. Recommendation: Motion to proclaim the month of May as National Tennis Month in the City of Delray Beach. Sponsors: Parks & Recreation Department Attachments: Agenda Cover Report Proclamation Nat'l Tennis Month 2024 6.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.N.1. REPORT OF APPEALABLE DEVELOPMENT APPLICATION ACTIONS FROM APRIL 1, 2024 THROUGH APRIL 30, 2024. Recommendation: By motion, receive and file this report for actions on development application requests from April 1, 2024 through April 30, 2024. Sponsors: Development Services Department Attachments: Agenda Cover Report HPB (4-3) 106 SE 7th Avenue PZB (4-15) Delray Nissan 6.O. AWARD OF BIDS AND CONTRACTS: City of Delray Beach Page 12 Printed on 5/6/2024 City Commission Regular Commission Meeting May 7, 2024 6.O.1. APPROVAL OF RESOLUTION NO. 97-24 TO AWARD AN AGREEMENT WITH KEITH AND ASSOCIATES, INC. FOR OWNER’S REPRESENTATIVE SERVICES FOR THE POMPEY PARK RECREATION CENTER PROJECT, PURSUANT TO RFQ NO. 2023-076 (PROJECT NO. 16-102) IN THE AMOUNT OF $2,656,400.00. Recommendation: Motion to Approve Resolution No. 97-24 to award an agreement with Keith and Associates, Inc. for Owner’s Representative services for the Pompey Park Recreation Center project, pursuant to RFQ No. 2023-076 (Project No. 16-102) in the amount of $2,656,400.00. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Agreement RFQ 2023-076 Pompey Park Owner's Representative Ex A - Pompey Park Owners Rep - RFQ 2023-076 - Keith and Associates Inc Ex B - Pompey Park Owners Rep - RFQ 2023-076 - Keith and Associates Inc Res 97-24 - Pompey Park Owners Rep - RFQ 2023-076 Legal Review Checklist Pompey Park Owners Rep - RFQ 2023-076 - Keith and Associates Inc Packet_for_Bid_RFQ_2023-076 Advertised 6.O.2. APPROVAL OF RESOLUTION NO. 112-24 TO AWARD AN AGREEMENT WITH SULLIVAN ELECTRIC & PUMP, INC. FOR THE PURCHASE, INSTALLATION, AND REPAIR OF IRRIGATION PUMP STATIONS AND REPAIRS IN THE AMOUNT OF $240,000 Recommendation: Motion to award an agreement with Sullivan Electric & Pump, Inc. for the purchase, installation, and repair of irrigation pump stations and repairs utilizing Palm Beach County Invitation for Bid No. 23-017/MB in the not-to-exceed annual amount of $240,000; authorizing 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 Res 112-24 Palm Beach County Piggyback - Sullivan Electric Pump Inc Legal Review_P2024-028 Irrigation Pump Station Repair Services - Palm Beach County Piggyback MSA_P2024-028 Irrigation Pump Station Repair Services - Palm Beach County Piggyback City of Delray Beach Page 13 Printed on 5/6/2024 City Commission Regular Commission Meeting May 7, 2024 6.O.3. APPROVAL OF RESOLUTION NO. 120-24 AND TO AWARD AN AGREEMENT WITH ZAMBELLI FIREWORKS MANUFACTURING CO. FOR FIREWORK DISPLAY SERVICES Recommendation: Motion to approve an agreement with Zambelli Fireworks Manufacturing Co. for Fireworks Display services pursuant to Request for Proposal 2024-005 and authorizing the CIty Manager to execute any amendments and/or renewals. Sponsors: Parks & Recreation Department and Purchasing Department Attachments: Agenda Cover Report Legal Review Checklist Agreement RFP 2024-005 Fireworks Display Services - Zambelli Fireworks Manufacturin Reso No. 120-24_Zambelli_Fireworks_2024 Vendor Signed- RFP 2024-005.pdf 6.O.4. APPROVAL OF RESOLUTIONS NO. 58-24, 59-24, AND 60-24, TO AWARD AN AGREEMENTS WITH BLUE EDONIS, LLC (PRIMARY), UNLIMITED CLEANING COMPANY, LLC (SECONDARY), and PRO-GLOBAL BY JACKIE PRESSURE CLEANING SERVICES, LLC (TERTIARY); FOR PRESSURE CLEANING SERVICES PURSUANT TO INVITATION TO BID NO. 2023-071 IN THE AMOUNT OF $778,598.80. Recommendation: Motion to approve Resolution Nos. 58-24, 59-24, and 60-24 and award of agreements with Blue Edonis, LLC (Primary), Unlimited Cleaning Company, LLC (Secondary), and Pro-Global by Jackie Pressure Cleaning Service, LLC (Tertiary); for Pressure Cleaning Services pursuant to Invitation to Bid No 2023-071 in the amount of $788,598.80 ($155,719.76 annually); authorizing the City Manager to take all actions necessary to effectuate this agreement; and for other purposes. Sponsors: Neighborhood & Community Services and Purchasing Department Attachments: Agenda Cover Report AGREEMENT ITB 2023-071 Pressure Cleaning - Blue Edonis - Primary AGREEMENT ITB 2023-071 Pressure Cleaning Pro-Global by Jackie Pressure Cleaning Service - Tertiary AGREEMENT ITB 2023-071 Pressure Cleaning Unlimited Cleaning Company - Secondary Exhibit A AGREEMENT ITB 2023-071 Pressure Cleaning - Blue Edonis - Primary Exhibit A AGREEMENT ITB 2023-071 Pressure Cleaning Pro-Global by Jackie Pressure Cleaning Service - Tert Exhibit A AGREEMENT ITB 2023-071 Pressure Cleaning Unlimited Cleaning Company - Secondary Legal Review Checklist ITB 2023-071 Pressure Washing - Blue Edonis - Primary Legal Review Checklist ITB 2023-071 Pressure Washing - Pro-Global by Jackie Pressure Cleaning Service, LLC Legal Review Checklist ITB 2023-071 Pressure Washing - Unlimited Cleaning Company - Secondary Res 58-24 - Agreement for ITB 2023-071 - Pressure Washing - Blue Edonis LLC - Primary Res 59-24 - Agreement for ITB 2023-071 - Pressure Washing - Unlimted Cleaning Company - Secondary Res 60-24 - Agreement for ITB 2023-071 - Pressure Washing - ProGlobal - Tertiary City of Delray Beach Page 14 Printed on 5/6/2024 City Commission Regular Commission Meeting May 7, 2024 6.O.5. APPROVAL OF RESOLUTION NO. 107-24 TO AWARD AN AGREEMENT WITH RAFTELIS FINANCIAL CONSULTANTS, INC.FOR PERMIT FEES UTILIZING CITY OF DAYTONA BEACH CONTRACT NO. RFP 19632 IN THE AMOUNT OF $57,150 Recommendation: Motion to approve Resolution No. 107-24 to award an Agreement with Raftelis Financial Consultants, Inc. for Permit Fees utilizing City of Daytona Beach Contract No.19632 in the amount of $57,150; authorizing the City Manager to execute any amendments and/or renewals thereto and take any and all action necessary to effectuate the agreement. Sponsors: Development Services Department and Purchasing Department Attachments: Agenda Cover Report Resolution No. 107-24 Raftelis Vendor Executed Legal Review Raftelis Financial Consultants, Inc RFP-19632-RATE STUDY_Daytona Beach CONTRACT executed Contract Renewal RPF 19632_No 1 Contract Renewal RPF 19632_No 2 7. REGULAR AGENDA: City of Delray Beach Page 15 Printed on 5/6/2024 City Commission Regular Commission Meeting May 7, 2024 7.A. RESOLUTION NO. 12-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER REQUEST TO SECTION 4.4.13(I)(3)(B)1. OF THE LAND DEVELOPMENT REGULATIONS APPROVING VEHICULAR ACCESS FROM A PRIMARY STREET, WHEREAS THE ALLEY SHOULD BE THE PRIMARY SOURCE OF VEHICULAR ACCESS TO OFF-STREET PARKING FOR THE PROPERTY LOCATED AT 605 NE 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL) Recommendation: Review and consider Resolution No. 12-24, a request to allow vehicular access from NE 2nd Street, a Primary Street, whereas the alley is the required primary source of vehicular access to off-street parking, for the new development located at 605 NE 2nd Street and known as The Edge at Pineapple Grove. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution No. 12-24 Access from a Primary Street Edge at Pineapple Grove - PZB Staff Report Waiver Justification Site Plan and Elevations Site Plan presented at PZB Landscape Plans DDA Recommendation Legal Review Res. No. 12-24 Access from a Primary Street City of Delray Beach Page 16 Printed on 5/6/2024 City Commission Regular Commission Meeting May 7, 2024 7.B. NOMINATION FOR APPOINTMENT TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE Recommendation: Motion to approve nominations for an appointment for four (4) regular members to serve on the Affordable Housing Advisory Committee. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Affordable Housing Advisory Committee 2024 Quarterly Attendance Adelstein Augustin Badet Canton Cohn Dobson Dumitrescu Land Olieberg Petillo Thompson Tartaro 7.C. NOMINATION FOR APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD Recommendation: Motion to approve the nomination for one (1) tax-qualified member to serve an unexpired term ending July 1, 2026 Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Downtown Development Authority DDA Map Cohn Dockerty 8. PUBLIC HEARINGS/SECOND READINGS: 8.A. None 9. FIRST READINGS: City of Delray Beach Page 17 Printed on 5/6/2024 City Commission Regular Commission Meeting May 7, 2024 9.A. ORDINANCE NO. 12-24: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES CHAPTER 2, “ADMINISTRATIVE PROVISIONS,” ARTICLE 2.4, “DEVELOPMENT APPLICATION REQUIREMENTS,” SECTION 2.4.6, “REGULATION OF USES,” TO MODIFY TEMPORARY PARKING LOT REGULATIONS TO ALLOW TEMPORARY PARKING LOTS IN GENERAL COMMERCIAL ZONING, LIMITED TO OFF-SITE STORAGE OF AUTOMOTIVE DEALERSHIP VEHICLE INVENTORY; TO RENUMBER TABLE 2.4.3-A TO 2.4.6-A AND DESIGNATE THE DEVELOPMENT SERVICES DIRECTOR TO APPROVE USES UNDER A TENT; TO ELIMINATE CITY ENGINEER APPROVAL FOR GRADING PLANS; TO REQUIRE TECHNICAL ADVISORY COMMITTEE REVIEW OF SITE PLANS; TO REQUIRE COMPLIANCE WITH THE SITE PLAN AND ANY CONDITIONS OF APPROVAL PRIOR TO APPLYING FOR PERMIT RENEWAL, AND TO ELIMINATE THE REQUIREMENT FOR THE PARKING MANAGEMENT ADVISORY BOARD TO REVIEW THE SITE PLAN AND RECOMMEND APPROVAL IN ORDER TO PROCEED TO CITY COMMISSION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) Recommendation: Review and consider Ordinance No. 12-24, a City-initiated amendment to LDR Section 2.4.6(E)(3) of the Land Development Regulations (LDR) to add General Commercial (GC) zoning as an allowed location for temporary parking lots, limited to the off-site storage of automotive dealership vehicle inventory; to amend the requirements relative to landscaping; and to amend the review and approval process for consistency with Chapter 2 and to eliminate the Parking Management Review Board as a recommending body. Sponsors: Development Services Department Attachments: Agenda Cover Report Ord. No. 12-24 Temporary Parking Lots GC Map - Existing and Proposed Location of Temporary Parking Lots Simple Legal Review Approval Temporary Parking Lots Ord 12-24 City of Delray Beach Page 18 Printed on 5/6/2024 City Commission Regular Commission Meeting May 7, 2024 9.B. ORDINANCE NO. 11-24: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING CHAPTER 96, “FIRE SAFETY AND EMERGENCY SERVICES,” BY ADDING SECTION 96.18, “AUTOMATED EXTERNAL DEFIBRILLATOR AND BLEEDING CONTROL KITS” TO REQUIRE DEFIBRILLATORS AND BLEEDING CONTROL KITS THROUGHOUT THE CITY FOR SPECIFIC OCCUPANCIES, OUTLINING INSTALLATION AND OPERATION INCLUDING LOCATION REQUIREMENTS, INSPECTION PROCEDURES, MAINTENANCE AND USE REQUIREMENTS, ENFORCEMENT PROCEDURES, AND PROVIDING DEFINITIONS FOR AUTOMATED EXTERNAL DEFIBRILLATORS AND BLEEDING CONTROL KITS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. (FIRST READING) Recommendation: Staff recommends the approval of the ordinance to increase the safety of our residents, visitors, and business owners. The AED will increase survivability in the case of a cardiac arrest and the bleeding control kits will allow first aid to be rendered prior to the arrival of fire-rescue. Sponsors: Fire Rescue Department Attachments: Agenda Cover Report AED Ordinance kwb 1.22.24 Ordinance 11-24 AED Amd Simple Legal Review Approval AED Ordinance 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission 11. ADJOURNMENT The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City . Please contact the Human Resources Department at (561) 243-7125 at least 24 hours prior to the program or activity for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. City of Delray Beach Page 19 Printed on 5/6/2024