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 6:00 PM Monday, August 19, 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 August 19, 2024 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 3.A. Additions, Deletions, Substitutions 4. PRESENTATIONS: 4.A. UPDATE REGARDING POINT IN TIME HOMELESSNESS IN DELRAY BEACH Sponsors: Police Department 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. PROGRESS UPDATE REGARDING FROG ALLEY HISTORIC DISTRICT DESIGNATION CONSIDERATIONS Sponsors: Development Services Department 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: August 5, 2024 Regular Meeting Minutes - DRAFT August 13, 2024 Workshop Meeting Minutes - DRAFT Sponsors: City Clerk Department Attachments: Agenda Cover Report August 5, 2024 Regular Meeting Minutes - DRAFT August 13, 2024 Workshop Meeting Minutes - DRAFT 6.B. APPROVAL OF A POLICY FOR THE USE OF OPIOID LITIGATION SETTLEMENT FUNDS Recommendation: Approve the proposed policy for the City's use of opioid litigation funds Sponsors: City Manager Department Attachments: Agenda Cover Report Draft Opiod Policy v1 - JLO lg rev 7-3-24 - update City of Delray Beach Page 3 Printed on 8/16/2024 City Commission Regular Commission Meeting August 19, 2024 6.C. APPROVAL OF THE DEFERRED COMPENSATION PLANS COMMITTEE BYLAWS ESTABLISHING POLICIES AND PROCEDURES Recommendation: Motion to approve the Committee's bylaws adopted by the Committee. Sponsors: Finance Department Attachments: Agenda Cover Report Adopted Bylaws for DCP - 6-4-24 6.D. RESOLUTION NO. 152-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE ISSUANCE OF A PURCHASE ORDER TO HORIZON GENERAL CONTRACTING & DEVELOPMENT, LLC, FOR HOME REHABILITATION CONSTRUCTION SERVICES FOR THE CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, PURSUANT TO QUICK QUOTE NO. 2024-005; AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Recommendation: Motion to approve Resolution No. 152-24 approving the issuance of a purchase order to Horizon General Contracting & Development, LLC, for home rehabilitation construction services funded under the Community Development Block Grant (CDBG) Program for property located at 215 SW 9th Street (Smith), Delray Beach, FL. Sponsors: Neighborhood & Community Services Attachments: Agenda Cover Report Legal Review Res 152-24 - Quick Quote 2024-005- Horizon General Contracting Development LLC - Home Reh Res 152-24 - Quick Quote 2024-005- Horizon General Contracting Development LLC - Home Rehabilitation CD CDBG Lien Agreement - Smith Q 2024-005 - Department Concurrence Packet wRedact Memorandum of Understanding Notice to Proceed Subordination Agreement for Closing City of Delray Beach Page 4 Printed on 8/16/2024 City Commission Regular Commission Meeting August 19, 2024 6.E. RESOLUTION NO. 153-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE ISSUANCE OF A PURCHASE ORDER TO CJ CONTRACTING, LLC, FOR HOME REHABILITATION CONSTRUCTION SERVICES FOR THE CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, PURSUANT TO QUICK QUOTE NO. 2024-015; AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Recommendation: Motion to approve Resolution No. 153-24 approving the issuance of a purchase order to CJ Contracting, LLC, for home rehabilitation construction services funded under the Community Development Block Grant (CDBG) Program for property located at 235 NW 6th Avenue (Haynes), Delray Beach, FL. Sponsors: Neighborhood & Community Services Attachments: Agenda Cover Report Legal Review Res 153-24 - Quick Quote 2024-015 - CJ Contracting - Home Rehabilitation CDBG - Haynes Bid Information Sheet Haynes CDBG Lien Agreement - Haynes Memorandum of Understanding Notice to Proceed Subordination Agreement for Closing Q 2024-015 - Department Concurrence Approval Signed Res 153-24 - Quick Quote 2024-015 - CJ Contracting - Home Rehabilitation CDBG - Haynes City of Delray Beach Page 5 Printed on 8/16/2024 City Commission Regular Commission Meeting August 19, 2024 6.F. RESOLUTION NO. 154-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE ISSUANCE OF A PURCHASE ORDER TO CJ CONTRACTING, LLC, FOR HOME REHABILITATION CONSTRUCTION SERVICES FOR THE CITY OF DELRAY BEACH COMMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, PURSUANT TO QUICK QUOTE NO. 2024-018; AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Recommendation: Motion to approve Resolution No. 154-24 approving the issuance of a purchase order to CJ Contracting, LLC, for home rehabilitation construction services funded under the Community Development Block Grant (CDBG) Program for property located at 232 NW 5th Avenue (Barthelemy), Delray Beach, FL. Sponsors: Neighborhood & Community Services Attachments: Agenda Cover Report Legal Review Res 154-24 - Quick Quote 2024-018 - CJ Contracting - Home Rehabilitation CDBG - Barthelemy Quote Information Sheet Barthelemy CDBG Lien Agreement - Barthelemy Memorandum of Understanding Notice to Proceed Q 2024-018 - Department Concurrence Approval Rev1 Subordination Agreement for Closing Res 154-24 - Quick Quote 2024-018- CJ Contracting LLC - Home Rehabilitation CDBG - Barthelemy City of Delray Beach Page 6 Printed on 8/16/2024 City Commission Regular Commission Meeting August 19, 2024 6.G. RESOLUTION NO. 155-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE ISSUANCE OF A PURCHASE ORDER TO HORIZON GENERAL CONTRACTING & DEVELOPMENT, LLC, FOR HOME REHABILITATION CONSTRUCTION SERVICES FOR THE CITY OF DELRAY BEACH URBAN DEVELOPMENT ACTION GRANT PROGRAM, PURSUANT TO QUICK QUOTE NO. 2024-012; AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Recommendation: Motion to approve Resolution No. 155-24 approving the issuance of a purchase order to Horizon General Contracting & Development, LLC, for home rehabilitation construction services funded under the Urban Development Action Grant (UDAG) Program for property located at 107 NW 3rd Avenue (Clay), Delray Beach, FL. Sponsors: Neighborhood & Community Services Attachments: Agenda Cover Report Legal Review Res 155-24 Horizon General UDAG Bid Information Sheet Clay CDBG Lien Agreement - Clay Memorandum of Understanding Notice to Proceed Subordination Agreement for Closing Q 2024-012 - Department Concurrence Packet (2) Resolution 155-24 with Exhibits City of Delray Beach Page 7 Printed on 8/16/2024 City Commission Regular Commission Meeting August 19, 2024 6.H. RESOLUTION NO. 156-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE ISSUANCE OF A PURCHASE ORDER TO HORIZON GENERAL CONTRACTING & DEVELOPMENT, LLC, FOR HOME REHABILITATION CONSTRUCTION SERVICES FOR THE CITY OF DELRAY BEACH URBAN DEVELOPMENT ACTION GRANT PROGRAM, PURSUANT TO QUICK QUOTE NO. 2024-013; AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Recommendation: Motion to approve Resolution No. 156-24 approving the issuance of a purchase order to Horizon General Contracting & Development, LLC, for home rehabilitation construction services funded under the Urban Development Action Grant (UDAG) Program for property located at 43 NW 9th Avenue (Newsome), Delray Beach, FL. Sponsors: Neighborhood & Community Services Attachments: Agenda Cover Report Legal Review Res 156-24 - Quick Quote 2024-013 - Horizon General Contracting Development - Home Rehabil Quote Information Sheet Newsome UDAG Lien Agreement - Newsome Memorandum of Understanding Notice to Proceed Q 2024-013 - Department Concurrence Packet (3) Subordination Agreement for Closing Res 156-24 - Quick Quote 2024-013- Horizon General Contracting Development LLC - Home Rehabilitation UD 6.I. PURCHASE ASSISTANCE GRANT AWARD TO MS. EBONY OLIVIER 111 STONE HARBOR WAY, UNIT F1 IN THE AMOUNT OF $69,250 Recommendation: Motion to approve a purchase assistance grant retroactively in an amount up to $69,250 to Ms. Olivier funded under the Urban Development Action Grant (UDAG) Program for property located at 111 Stone Harbor Way, Unit F1 Delray Beach, FL 33444. Sponsors: Neighborhood & Community Services Attachments: Agenda Cover Report Legal Review UDAG Olivier- 111 Stone Harbor Way Unit F1 PromNote - Second Mortgage Olivier City of Delray Beach Page 8 Printed on 8/16/2024 City Commission Regular Commission Meeting August 19, 2024 6.J. INTERLOCAL AGREEMENT FORMING THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM (CONSORTIUM) BY AND BETWEEN PALM BEACH COUNTY (COUNTY) A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND THE CITY OF DELRAY BEACH, THE CITY OF PALM BEACH GARDENS, THE CITY OF SOUTH BAY AND THE CITY OF WEST PALM BEACH FOR THE PURPOSE OF ESTABLISHING AN ISD AND TO IMPLEMENT FEDERAL AND STATE WORKFORCE DEVELOPMENT PROGRAMS AND RELATED ACTIVITIES IN PALM BEACH COUNTY, FLORIDA UNDER THE PROVISIONS OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT, THE TEMPORARY ASSISTANCE TO NEEDY FAMILIES ACT, THE WAGNER-PEYSER ACT AND THE FLORIDA WORKFORCE INNOVATION ACT OF 2000 ('WORKFORCE PROGRAMS"). Recommendation: Motion to Approve the Interlocal Agreement between the parties to this Agreement under the Palm Beach Workforce Development Consortium (Consortium) (R2021-1457) for the purpose of establishing an Independent Special District (ISD) and to implement Federal and State workforce development programs and related activities in Palm Beach County. Sponsors: Neighborhood & Community Services Attachments: Agenda Cover Report PBWDC Interlocal Agreement Revised 07 2024 ILA - Palm Beach Workforce Development Consortium 100521 Legal Review PBWDC Interlocal Agreement Revised 07 2024 6.K. STATE PLAN OF OPERATIONS AGREEMENT BETWEEN THE STATE OF FLORIDA AND THE DELRAY BEACH POLICE DEPARTMENT Recommendation: Motion to Approve the State Plan of Operations Agreement. Sponsors: Police Department Attachments: Agenda Cover Report Legal Review Checklist_LESO 24 SPO_lw rev_w CLEO signed State Plan of Operations Addendum_lw rev_w CLEO signed City of Delray Beach Page 9 Printed on 8/16/2024 City Commission Regular Commission Meeting August 19, 2024 6.L. ITEM(S) A1 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 1132 NE 9TH AVE. ITEM(S) A2 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 301 NE 7th AVE. Recommendation: Consideration of the following items: Item A1 - Motion to approve and accept a Right-of-Way Dedication by the owners of 1132 NE 9th Ave. Item A2 - Motion to approve and accept a Right-of-Way Dedication by the owners of 301 NE 7th Ave. Sponsors: Public Works Department Attachments: Agenda Cover Report A1a - Right of Way Deed - 1132 NE 9th Ave. - 1132 NE 9th Ave LLC Agenda Cover Report A1b - Legal Review Right-of-Way Deed - 1132 NE 9th Avenue - 1132 NE 9th Ave LLC A2a - Right of Way Deed - 301 NE 7th Ave - 301 Manor LLC A2b - Legal Review Right-of-Way Deed - 301 NE 7th Avenue - 301 Manor LLC 6.M. APPROVAL FOR ADDITIONAL SPENDING TO RFP 2022-038 WITH ONE PARKING, INC., FOR COMPREHENSIVE PARKING MANAGEMENT SERVICES IN THE AMOUNT OF $154,155 FOR A REVISED TOTAL OF $5,499,583 Recommendation: Motion to approve additional spending to RFP 2022-038 with One Parking, Inc., for Comprehensive Parking Management Services in the amount of $154,155 for a revised total of $5,499,583. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Sensor Quote & Revised Budets Yrs 2-3 Additional Spending Request #1 Amendment No. 1 - RFP No. 2022-038 Agreement RFP 2022-038 Resolution No. 57-23 City of Delray Beach Page 10 Printed on 8/16/2024 City Commission Regular Commission Meeting August 19, 2024 6.N. APPROVAL OF ADDITIONAL SPENDING FOR AGREEMENT P2024-004 WITH AL PACKER, INC., AND SCHUMACHER AUTOMOTIVE DELRAY, LLC. FOR THE PURCHASE OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) AUTOMOTIVE PARTS, SUPPLIES, AND SERVICES IN THE AMOUNT OF $60,000 FOR A REVISED TOTAL OF $220,000.00. Recommendation: Motion to approve Additional Spending for Agreement P2024-004 with Al Packer, Inc., and Schumacher Automotive Delray, LLC. for the purchase of OEM Automotive Parts, Supplies, and Services in the amount of $60,000 for a revised total of $220,000. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Agreement P2024-004 Al Packer Inc. Agreement P2024-004 Schumacher Automotive 6.O. PROCLAMATIONS: 6.O.1. OBSERVANCE OF LABOR DAY PROCLAMATION Recommendation: Motion to observe September 2, 2024 as National Labor Day. Sponsors: City Clerk Department Attachments: Agenda Cover Report National Labor Day 2024 6.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.P.1. REPORT OF APPEALABLE DEVELOPMENT APPLICATION ACTIONS FROM JULY 15, 2024 THROUGH AUGUST 9, 2024. Recommendation: By motion, receive and file this report for actions on development application requests from July 15, 2024 through August 9, 2024. Sponsors: Development Services Department Attachments: Agenda Cover Report SPRAB (7-24) Bricktop's ADMIN Currie Commons, 702 SE 2nd Ave. 6.Q. AWARD OF BIDS AND CONTRACTS: City of Delray Beach Page 11 Printed on 8/16/2024 City Commission Regular Commission Meeting August 19, 2024 6.Q.1. APPROVAL OF RESOLUTION NO. 158-24 FOR ISSUANCE OF PURCHASE ORDER FOR THREE (3) 40Kw DIESEL GENERATORS (RESPECTIVELY $58,112 EACH), FROM TRADEWINDS POWER CORPORATION, UTILIZING FLORIDA SHERRIF’S ASSOCIATION (FSA) CONTRACT NO. FSA23-EQU21.0 EQUIPMENT SOLICITATION UNDER THE COOPERATIVE PURCHASING PROGRAM, IN A TOTAL AMOUNT OF $174,336 FOR FISCAL YEAR 23-24. Recommendation: Motion to approve an Resolution No. 158-24, for issuance of purchase order for three (3) 40Kw diesel generators (respectively $58,112 each), from Tradewinds Power Corporation, utilizing Florida Sherrif’s Association (FSA Contract No. FSA23-EQU21-0 Equipment Solicitation under the Cooperative Purchasing Program, in a total amount of $174,336 for FY23-24 Sponsors: Utilities Department and Purchasing Department Attachments: Agenda Cover Report Reso. 158-24 PO.pdf Resolution for Issuance of a Purchase Order P2024-024.pdf Tradewinds-Quote for 40Kw Generators.pdf 6.Q.2. APPROVAL OF RESOLUTION NO. 159-24 TO AWARD AN AGREEMENT WITH JF ACQUISITION, LLC DBA JF PETROLEUM GROUP FOR ABOVEGROUND FUEL & FLUID STORAGE WITH RELATED HARDWARE, SOFTWARE AND SERVICES UTILIZING SOURCEWELL CONTRACT NO. 092920-JFA IN THE AMOUNT OF $282,535.75 Recommendation: Motion to approve Resolution No. 159-24 to award an Agreement with JF Acquisition, LLC dba JF Petroleum Group for Aboveground Fuel & Fluid Storage with Related Hardware, Software and Services utilizing Sourcewell Contract No. 092920-JFA in the amount of $282,535.75 Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report P2024-038 Agmt with JF Acquisition - Sourcewell Piggyback - Above Ground Fuel Res 159-24 - Agmt with JF Acquisition - Sourcewell Piggyback - Above Ground Fuel JF Petroleum Quotes Legal Review Checklist P2024-038 Agmt with JF Acquisition - Sourcewell Piggyback - Above Ground Fuel Sourcewell Contract No. 092920-JFA Extension Sourcewell Contract No. 092920-JFA Pricing Sourcewell Contract No. 092920-JFA Sourcewell RFP No. 092920 City of Delray Beach Page 12 Printed on 8/16/2024 City Commission Regular Commission Meeting August 19, 2024 6.Q.3. APPROVAL OF RESOLUTION NO. 164-24 TO AWARD AN AGREEMENT TO M&M ASPHALT MAINTENANCE, INC. DBA ALL COUNTY PAVING FOR CONSTRUCTION SERVICES FOR THE NORTH SWINTON AVENUE ROADWAY UNDERGROUND UTILITY IMPROVEMENTS PROJECT PURSUANT TO INVITATION TO BID CONSTRUCTION (ITBC) 2024-010 IN THE AMOUNT OF $8,272,797.51 Recommendation: Motion to Approve Resolution No. 164-24 to award an Agreement to M&M Asphalt Maintenance, Inc. DBA All County Paving for Construction Services for the North Swinton Avenue Roadway Underground Utility Improvements project pursuant to ITBC 2024-010 (Public Works Project No. 19-012) in the amount of $8,272,797.51 Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Agreement ITBC 2024-010 - North Swinton Avenue Roadway & Underground Utility Improvements Res 164-24 - Agmt ITBC 2024-010 - North Swinton Ave Improvements - M&M Asphalt Legal Review Checklist ITBC 2024-010 North Swinton Ave Improvements - M&M Asphalt Maintenance ITBC 2024-010 Negotiated Prices Tabulation_Packet_for_ITBC_2024-010 Packet_for_Bid_ITBC_2024-010 Final 6.Q.4. APPROVAL OF RESOLUTION NO. 167-24 TO APPROVE A BID WAIVER AND AWARD AN AGREEMENT WITH PLANNING/DESIGN INC. DBA SANFORD GOLF DESIGN FOR PROFESSIONAL DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR THE DELRAY BEACH MUNICIPAL GOLF COURSE RENOVATION PROJECT IN A NOT-TO-EXCEED AMOUNT OF $2,092,618 IN TWO PHASES OF $1,336,528 FOR COMPLETED DESIGN AND PROJECT MANAGEMENT, AND $756,090 FOR CONSTRUCTION OVERSIGHT SERVICES Recommendation: Approval of Resolution No. 167-24 to approve a Bid Waiver and award an Agreement with Planning/Design Inc. dba Sanford Golf Design for Professional Design and Construction Support Services for the Delray Beach Municipal Golf Course Renovation Project in a not-to-exceed amount of $2,092,618 in two phases of $1,336,528 for completion of 60% design documents and project management, and $756,090 for construction oversight services. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report BW2024-006 Delray Beach Golf Club Agreement 8.15.2024 Res No. 167-24 Sanford Golf Design Bid Waiver Agmt for Delray Beach Golf Course Legal Review Checklist Delray Beach Golf Club 8.14 Approved Bid Waiver - Sanford Golf Design 7.18.2024 City of Delray Beach Page 13 Printed on 8/16/2024 City Commission Regular Commission Meeting August 19, 2024 6.Q.5. RESOLUTION NO. 135-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AN AGREEMENT WITH CIVICPLUS, LLC., UTILIZING AN APPROVED CITY STANDARD FOR THE CODE OF ORDINANCES WEBSITE HOSTING SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS AND/OR RENEWALS THERETO AND TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Recommendation: Motion to retroactively approve Resolution No. 135-24, a City Standard, to award an agreement with Civic Plus, LLC from 9/22/23 for a term of 3 years with three (3) 1-year renewals for a total of six (6) years in the amount of $ $87,479.11 and authorize the City Manager to exercise renewal options contingent upon appropriation of funds. Sponsors: City Clerk Department Attachments: Agenda Cover Report Civic Plus Legal Review Res 135-24 City Standard - Civic Plus 73024 FL - Delray Beach - Renewal SOW & Addendum - Signed - 07302024 Memo City Standard Approval-Civic Plus 5.31.24 - signed City of Delray Beach Page 14 Printed on 8/16/2024 City Commission Regular Commission Meeting August 19, 2024 6.Q.6. APPROVAL OF RESOLUTION NO. 99-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AN AGREEMENT WITH C.A.P. GOVERNMENT, INC., FOR INSPECTION, PLAN REVIEW, AND DEVELOPMENT SERVICES PURSUANT TO ITB 2024-041; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS AND/OR RENEWALS THERETO AND TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. APPROVAL OF RESOLUTION NO. 100-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AN AGREEMENT WITH GFA INTERNATIONAL, INC. DBA UNIVERSAL ENGINEERING SCIENCES FOR INSPECTION, PLAN REVIEW, AND DEVELOPMENT SERVICES PURSUANT TO ITB 2024-041; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS AND/OR RENEWALS THERETO AND TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. APPROVAL RESOLUTION NO. 101-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA APPROVING AN AGREEMENT WITH MT CAUSLEY, INC., FOR INSPECTION, PLAN REVIEW, AND DEVELOPMENT SERVICES PURSUANT TO ITB 2024-041; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS AND/OR RENEWALS THERETO AND TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. APPROVAL RESOLUTION NO. 102-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA APPROVING AN AGREEMENT WITH WILLDAN ENGINEERING, INC. FOR INSPECTION, PLAN REVIEW, AND DEVELOPMENT SERVICES PURSUANT TO ITB 2024-041; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS AND/OR RENEWALS THERETO AND TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Recommendation: Motion to approve Resolution Numbers 99-24, 100-24, 101-24, and 102-24 to award agreements with CAP Government, Inc., GFA International, Inc. DBA Universal Engineering Sciences, MT Causley, Inc., and Willdan Engineering, Inc. for Inspection, Plan Review, and Development Services pursuant to ITB 2024-041in the total amount of $869,485 and to authorize the City Manager to execute amendments an/or renewals options in the amount listed below, contingent upon appropriation of funds. Sponsors: Development Services Department and Purchasing Department City of Delray Beach Page 15 Printed on 8/16/2024 City Commission Regular Commission Meeting August 19, 2024 Attachments: Agenda Cover Report Legal Review Checklist C.A.P. Legal Review Checklist MT Causley Legal Review Checklist GFA Legal Review Checklist Willdan Res. No. 99-24 CAP Government, Inc. Res. No. 99-24 Exhibit A - CAP Government, Inc. Agreement Res. No. 100-24 GFA International DBA Universal Engineering Sciences Res. No. 100-24 Exhibit A - GFA International Agreement Res. No. 101-24 M.T. Causley Res. No. 101-24 Exhibit A - MT Causely Agreement Res. No. 102-24 - Willdan Engineering Res. No. 102-24 Exhibit A - Willdan Agreement Packet_for_Bid_ITB_2024-041 Advertised Tabulation_Packet_for_ITB_2024-041 7. REGULAR AGENDA: City of Delray Beach Page 16 Printed on 8/16/2024 City Commission Regular Commission Meeting August 19, 2024 7.A. RESOLUTION NO. 162-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A CONDITIONAL USE TO ALLOW FREE-STANDING MULTIPLE-FAMILY HOUSING IN THE GENERAL COMMERCIAL ZONING DISTRICT; APPROVING A WAIVER REQUEST TO SECTION 4.6.9(D)(6)(d) OF THE LAND DEVELOPMENT REGULATIONS FOR A 22-FOOT WIDE DRIVE AISLE; APPROVING A WAIVER REQUEST TO SECTION 4.3.3(O)(4)(b) OF THE LAND DEVELOPMENT REGULATIONS FOR A TOWNHOUSE-TYPE RESIDENTIAL BUILDING WITH AN OVERALL LENGTH OF 222 FEET, 8 INCHES; APPROVING AN INTERNAL ADJUSTMENT REQUEST FOR A DISTANCE OF 30 FEET BETWEEN RESIDENTIAL BUILDINGS; AND APPROVING A LEVEL 4 SITE PLAN, LANDSCAPE PLAN, AND ARCHITECTURAL ELEVATIONS FOR THE PROJECT KNOWN AS TROPICS OF DELRAY, LOCATED AT 2400 AND 2410 NORTH FEDERAL HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.(QUASI-JUDICIAL HEARING) Recommendation: Review and consider Resolution No. 162-24, approval of a conditional use, two waivers, an internal adjustment and a Level 4 Site Plan, Landscape Plan, and Architectural Elevations to develop a 34-unit freestanding multi-family condominium in the General Commercial zoning district located at 2400 and 2410 North Federal Highway. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution No. 162-24 The Tropics: Staff Report The Tropics: Applicant Narrative - Conditional Use The Tropics: Applicant Narrative - Site Plan The Tropics: Architectural Plans The Tropics: Landscape Plans The Tropics: Civil Plans The Tropics: Loading Demand Statement The Tropics: Rendering 1 The Tropics: Rendering 2 The Tropics: Rendering 3 The Tropics: Rendering 4 Legal Review Res 162-24 City of Delray Beach Page 17 Printed on 8/16/2024 City Commission Regular Commission Meeting August 19, 2024 7.B. RESOLUTION NO. 165-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A REQUEST TO UTILIZE THE MASONRY MODERN ARCHITECTURAL STYLE FOR THE PROPERTIES LOCATED AT 142 AND 152 SE 5TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL) Recommendation: Review and consider Resolution No. 165-24, a request to allow the Masonry Modern architectural style for the project located at 142 & 152 SE 5th Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report Reso No. 165-24: Fifth Avenue Townhomes Architecture Justification: Fifth Avenue Townhomes Staff Report - Architectural Style: Fifth Avenue Townhomes Site Plan and Elevations (For Reference Only): Fifth Avenue Townhomes DB-CBD Architectural Design Guidelines Legal Review Res 165-24: Fifth Avenue Townhomes City of Delray Beach Page 18 Printed on 8/16/2024 City Commission Regular Commission Meeting August 19, 2024 7.C. NOMINATION FOR AN APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD. BASED ON THE ROTATION SYSTEM, THE NOMINATION FOR AN APPOINTMENT FOR ONE (1) REGULAR MEMBER TO SERVE A TERM ENDING AUGUST 31, 2026, WILL BE MADE BY MAYOR CARNEY (SEAT #1). Recommendation: Motion to approve nomination for an appointment for one (1) regular member to serve a term ending August 31, 2026. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A SPRAB SPRAB ATTENDANCE Amani, Sandra Baffer, Benjamin Cohen, Steven Dumitrescu, Vlad Godbout, Christina Kapustein, Robin King, Cara Kiser, Mereida Lewis, Robert Nelson, Adam Posovsky, Stephen Talbot, Rhett Vedder, Jim City of Delray Beach Page 19 Printed on 8/16/2024 City Commission Regular Commission Meeting August 19, 2024 7.D. NOMINATION FOR APPOINTMENT TO THE HISTORIC PRESERVATION BOARD. BASED ON THE ROTATION SYSTEM, THE NOMINATION FOR ONE (1) QUALIFIED MEMBER TO SERVE A TERM ENDING AUGUST 31, 2026, WILL BE MADE BY DEPUTY VICE-MAYOR LONG (SEAT #2). Recommendation: Motion to approve nomination for an appointment for one (1) qualified member to serve a term ending August 31, 2026. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Historic Preservation Board Member List HPB Attendance Amani, Sandra Baffer, Benjamin Brown, Sarah Cohen, Steven Dumitrescu, Vlad Fredericks, Carol Godbout, Christina Jones, Adam Lembovski, Katherine Mamone, Bettina Schiff, Michael Talbot, Rhett Willis, Claudia 7.E. NOMINATION FOR APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD. BASED ON THE ROTATION SYSTEM, THE NOMINATION FOR ONE (1) REGULAR MEMBER TO SERVE A TERM ENDING JULY 31, 2026, WILL BE MADE BY VICE-MAYOR CASALE (SEAT #3). Recommendation: Motion to approve the appointment of one (1) regular member for an appointment to the Green Implementation Advancement Board for a term ending July 31, 2026. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Green Implementation Advancement Board Jones, Adam Lembovski, Katherine City of Delray Beach Page 20 Printed on 8/16/2024 City Commission Regular Commission Meeting August 19, 2024 7.F. RESOLUTION 160-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AN IMPACT EVENT KNOWN AS THE 13TH ANNUAL WITCHES OF DELRAY CHARITY BIKE RIDE TO BE HELD OCTOBER 26, 2024; AUTHORIZING THE CLOSURE OF ATLANTIC AVENUE AND SWINTON AVENUE AS MORE SPECIFICALLY DESCRIBED HEREIN; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Recommendation: Review and consider Resolution 160-24, approving an Impact Event known as the 13th Annual Witches of Delray Charity Bike Ride to be held October 26, 2024 and authorizing the closure of Atlantic Avenue and Swinton Avenues for the event. Sponsors: City Manager Department Attachments: Agenda Cover Report Impact Event Resolution 160-24 Impact Event Resolution LR Witches Ride App 2024 Witches Ride Maps 7.G. APPROVAL OF RESOLUTION NO. 124-24 APPROVING THE OLD SCHOOL SQUARE RE-BRANDING PACKAGE SUBMITTED BY THE DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY FOR USE IN MARKETING OF THE OLD SCHOOL SQUARE CAMPUS. Recommendation: Motion to approve Resolution No. 124-24 approving the Old School Square re-branding package submitted by the Delray Beach Downtown Development Authority for use in marketing of the Old School Square Campus. Sponsors: City Manager Department Attachments: Agenda Cover Report Res for OSS Branding Exhibit A to Res Delray Old School Square Re Brand Overview by DDA FOR 8.19.24docx OSS Brand Presentation Simple Legal Review Approval OSS Branding Resolution 8. PUBLIC HEARINGS/SECOND READINGS: City of Delray Beach Page 21 Printed on 8/16/2024 City Commission Regular Commission Meeting August 19, 2024 8.A. ORDINANCE NO. 21-24: 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 2.6, “NOTICE REQUIREMENTS,” SECTION 2.6.3, “REQUIRED PUBLIC NOTICE,” BY ENACTING A NEW SUBSECTION (H), “WAIVERS” TO ADD PUBLIC NOTICE REQUIREMENTS FOR WAIVER REQUESTS THAT REQUIRE CITY COMMISSION APPROVAL, PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (SECOND READING/PUBLIC HEARING) Recommendation: Consider Ordinance No. 21-24, a City-initiated amendment to the Land Development Regulations (LDR), amending Section 2.6.3 to add public notice requirements for waiver requests that require City Commission approval. Sponsors: Development Services Department Attachments: Agenda Cover Report Ordinance No. 21-24, Notice Requirements for Waivers Staff Report, Waiver Notice Requirements Business Impact Estimate - Ord. No. 21-24 Legal Review, Ordinance No. 21-24 Proof of Legal Ad City of Delray Beach Page 22 Printed on 8/16/2024 City Commission Regular Commission Meeting August 19, 2024 8.B. ORDINANCE NO. 23-24: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH CHAPTER 53, “SANITARY SEWERS,” SECTION 53.004, “ABBREVIATIONS; DEFINITIONS,” TO ADOPT DEFINITIONS FOR HAZARDOUS WASTE PHARMACEUTICALS, HEALTHCARE FACILITY, PHARMACEUTICAL, AND REVERSE DISTRIBUTOR, AND TO CORRECT NUMBERING; AMENDING SECTION 53.051, “PROHIBITED DISCHARGES TO SEWERS,” TO ADD HAZARDOUS WASTE PHARMACEUTICALS TO THE LIST OF SUBSTANCES PROHIBITED FROM BEING INTRODUCED TO THE TREATMENT WORKS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (SECOND READING) Recommendation: Consider Ordinance No. 23-24, a City initiated amending the Code of Ordinances of the City of Delray Beach Chapter 53, "Sanitary Sewers," Section 53.004, "abbreviations; definitions," to adopt definitions for hazardous waste pharmaceuticals, healthcare facility, pharmaceutical, and reverse distributor, and to correct numbering; amending section 53.051, "Prohibited Discharges To Sewers," To add hazardous waste pharmaceuticals to the list of substances prohibited from being introduced to the treatment works; providing a conflicts clause; providing a severability clause; authority to codify, and providing an effective date. Sponsors: Utilities Department Attachments: Agenda Cover Report 1-Business Impact Estimate Form -Ord 23-24_SIGNED.pdf Ord 23 -24 Pharmaceutical WMB 2024 06 17 Ord 23-24 Sewer Discharge Pharmaceuticals.pdf City of Delray Beach Page 23 Printed on 8/16/2024 City Commission Regular Commission Meeting August 19, 2024 8.C. ORDINANCE NO. 24-24: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH CHAPTER 53, “SANITARY SEWERS,” SECTION 53.058, “RESERVED,” TO ENACT A NEW SECTION 53.058, “DENTAL FACILITIES THAT REMOVE OR REPLACE AMALGAM FILLINGS,” PROVIDING FOR LOCAL IMPLEMENTATION OF THE EFFLUENT LIMITATIONS GUIDELINES AND STANDARDS FOR DENTAL CATEGORY ADOPTED BY THE STATE OF FLORIDA; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (SECOND READING) Recommendation: Consider Ordinance No. 24-24, a City initiated amending the Code of Ordinances of the City of Delray Beach Chapter 53, "Sanitary Sewers," Section 53.058, "Reserved," to enact a new section 53.058, "Dental Facilities that remove or replace amalgam fillings, "providing for local implementation of the effluent limitations guidelines and standards for dental category adopted by the State of Florida, providing a conflicts, providing a severability clause, authority to codify, and providing an effective date. Sponsors: Utilities Department Attachments: Agenda Cover Report 1-Business Impact Estimate Form -Ord 24-24_SIGNED.pdf Ord 24-24 Sewer Discharge Dental Amalgam Fillings.pdf Ord 24-24 Sewer Discharge for Dental Office WMB 2024 06 17 9. FIRST READINGS: 9.A. None 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 24 Printed on 8/16/2024 City Commission Regular Commission Meeting August 19, 2024 City of Delray Beach Page 25 Printed on 8/16/2024