CC Minutes-2019-04-16Tuesday, April 16, 2019
4:00 PM
City of Delray Beach
100 NW 1st Avenue - Delray Beach, Florida 33444
Phone: (561) 243-7000 - Fax: (561) 243-3774
www.mydelraybeach.com
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
Minutes - Final
Regular Meeting at 4:00 PM
April 16, 2019City Commission Minutes - Final
1. ROLL CALL
Mayor Petrolia called the Regular City Commission Meeting to order at
4:00 p.m.
The roll call was taken by the City Clerk.
The following were in attendance:
Mayor Shelly Petrolia
Commissioner Adam Frankel
Vice Mayor Shirley Ervin Johnson (absent)
Deputy Vice Mayor Bill Bathurst
Commissioner Ryan Boylston
Others present were:
Neal de Jesus, Interim City Manager
Lynn Gelin, City Attorney
Katerri Johnson, City Clerk
approved
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. AGENDA APPROVAL
The City Attorney requested that Item 6.C. be removed from the
agenda, Item 6.E. be moved to the regular agenda as Item 7.A.A.,
and that Item 9.A. be removed.
Commissioner Frankel moved to approve the agenda as amended. It was
seconded by Commissioner Boylston. A roll call vote was taken and all
were in favor. The motion carried 4-0.
4. PRESENTATIONS:
4.A.19-409 PRESENTING CHARLES PEELE, CREW LEADER AND GABRIEL RIJO,
STREET MAINTENANCE WORKER WITH EMPLOYEE OF THE MONTH
FOR APRIL 2019.
Recommendation:Motion to present Charles Peele, Crew Leader and Gabriel Rijo, Street
Maintenance Worker with Employee of the Month for April 2019.
Sponsors:Human Resources Department
Agenda Cover Report
NOMINATION FORM PEELE/RIJO EMPLOYEE OF THE MONTH
NOMINATION FORM APRIL 2019
Attachments:
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Duane D'Andre, Human Resources Director, introduced Joe Frantz,
Deputy Director of Public Works.
Joe Frantz, Deputy Director of Public Works recognized Charles Peele,
Crew Leader and Gabriel Rijo, Street Maintenance Worker with Employee
of the Month for April 2019 for helping a woman who dropped her keys
down an eight foot storm drain.
On behalf of the Mayor and City Commission, Mr. D'Andre presented
Charles Peele, Crew Leader and Gabriel Rijo, Street Maintenance Worker
with Employee of the Month for April 2019 with a plaque and a certificate
for 8 hours off with pay.
4.B.19-448 FY 2018 COMPREHENSIVE ANNUAL FINANCIAL REPORT - CALER,
DONTEN, LEVINE, PORTER
& VEIL, P.A
Agenda Cover Report
City of Delray Beach 2018 CAFR
Delray Beach 2018 Financial Highlights
Attachments:
Interim City Manager de Jesus reiterated that this fiscal year is ending
September 30, 2018 and stated from the previous audit there were a
significant amount of comments that needed to be addressed. Mr. de
Jesus stated former Finance Director Kimberly Ferrell and the Finance
staff worked very hard throughout the year to get those management items
off the list.
Scott L. Porter, Caler, Donten, Levin, Porter & Veil, P.A., Certified Public
Accountants, briefly reviewed the Delray Beach 2018 Comprehensive
Annual Financial Report (CAFR) highlights.
Mr. Porter stated the Auditor General provides benchmarks on an annual
basis for municipalities that they are required to look at in various areas
and one of those is the proportion of expenditures to fund balance and
revenues to fund balance. Mr. Porter stated the average as it relates to
expenditures is 30.44%; the City of Delray Beach for 2017 was 41.76%
and this year is 36.45%. He stated there is no best practice as it relates to
fund balance and noted that the Government Finance Officers Association
(GFOA) recommends that every municipality analyze their own situation in
terms of the risk that they face outside the City as well as internally. In
South Florida, the biggest risk arises from annual hurricanes. Mr. Porter
suggested that the City have a study done or work with the Solid Waste
Authority (SWA) to determine how much a different category storm would
cost the City in terms of debris cleanup.
A brief discussion between Mayor Petrolia and Mr. Porter ensued.
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April 16, 2019City Commission Minutes - Final
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
None.
5.B. From the Public
Patrick Halliday, 1071 Delray Lakes Drive, Delray Beach, stated he is a
member of the League of American Bicyclists and every year in
Washington, D.C. they meet for three days and participants include
engineers from the Federal Government, Highway Department, local
officials, city managers, and members of the Bicycle Manufacturer
Association. He distributed a copy of a policy explaining that electric
bicycles are not scooters and there was no element of danger to public
safety, and the only two things they found were two models of the electric
bicycle that are used for off-road use. He urged the City to remove the
word "electric bicycles" from any future discussion that has to do with bans
or regulations because they do not apply.
Pauline Moody, 624 N.E. 8th Avenue, Boynton Beach, commented about
the Internal Auditor's Report. She feels that Atlantic Avenue has not
improved and commented about the debris in the road, construction
problems, and developers with large sums of money building whatever they
want to and feels this is creating a legal problem. Ms. Moody stated she
feels it is the public's right to know how much the City is paying the firm to
do the audit.
Secondly, Ms. Moody expressed concern that Delray Beach has no City
Manager and the former City Manager is suing in the State courts for
$500,000.00. In her opinion, Ms. Moody stated it is not a good idea to
have the Fire Chief in the City Manager position. Ms. Moody commented
about the City Attorney's previous position as the Public Defender for
Broward County. Ms. Moody expressed concern that all this is a waste of
taxpayer dollars and nothing has changed.
Tom Carney, 135 S.E. 5th Avenue, Delray Beach, expressed concern over
a glitch in the LDRs as it relates to businesses establishing east of the
Intracoastal and he urged the City to look into the definition. Mr. Carney
stated they are trying to establish a showroom at this location which is
going to showcase the project and he was informed by the City that this
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April 16, 2019City Commission Minutes - Final
does not qualify as retail. He stated there are six retail spots next to this
which all close at 6:00 p.m. and his business will be opened until 9:00 p.m.
Mr. Carney stated this will be a design office where people can come in off
the street to see what is going to be featured in a new development and
noted no contracts will be done at this location.
Kiki Welter, 6th grader at Carver Middle School, member of the
Sustainability Club sponsored by Wise Tribers, gave a few brief
comments.
Kenya Madison, 301 N.W. 7th Avenue, Delray Beach, Senior Director for
Healthier Delray Beach, gave a few brief comments and accepted a
proclamation for this cause.
Amy Nelson, 725 Palm Trail, Delray Beach, speaking on behalf of her
sister who has lived here for forty years, stated her sister's only means of
transportation is an electric scooter.
Gabriel Edwards, Green Revs Electric Bikes & Solar Tech, 125 N.
Congress Avenue #9, Delray Beach, stated he found out about the
proposed ban on all electric mobility transporation devices from a
customer who saw it on the news. He stated some elderly people have a
disability where they cannot drive a car so this is a necessary product. Mr.
Edwards stated bicycles will decrease, and electric bicycles are safe,
eco-friendly, a benefit to all, and will help ease the congestion downtown.
Joe Perry, 1137-C South Drive, Delray Beach, expressed concern over the
electric bicycles and stated as an employee of Publix Supermarkets it is an
affordable means of transportation. In addition, Mr. Perry stated he is
involved with the programs at Delray Central House.
Jeff Krader, 1340 N.W. 19th Terrace #102, Delray Beach, stated he has
utilized the electric bikes for over a year and urged the City to make Delray
Beach an e-bike friendly town. Mr. Krader believes this is a trend for the
future and is a great mode of transportation.
Leanne Griffith, Director of Events/House Manager with Old School
Square, commented about the following events coming to Old School
Square: the grand opening of the new exhibit at the Cornell Museum,
Beatles on the Beach Festival, Beer Fest, a free concert on May 31st, and
the Taste of Recovery.
There being no one else from the public who wished to address the City
Commission, the public comment was closed.
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April 16, 2019City Commission Minutes - Final
6. CONSENT AGENDA: City Manager Recommends Approval
Commissioner Frankel moved to approve the Consent Agenda as
amended. It was seconded by Commissioner Boylston. A roll call vote
was taken and all were in favor. The motion carried 4-0.
6.A.19-291 CITY COMMISSION MINUTES
Recommendation:Motion to approve meeting minutes for the following dates:
March 12, 2019 City Commission Regular Meeting Minutes
March 28, 2019 City Commission Workshop Meeting Minutes
March 28, 2019 City Commission Annual Organizational/Regular Meeting
Minutes
Sponsors:City Clerk Department and Maloney
Agenda Cover Report
March 12, 2019 City Commission Regular Mtg. Minutes
March 28, 2019 City Commission Workshop Mtg. Minutes
March 28, 2019 City Commission Annual Organizational Regular Mtg.
Minutes
Attachments:
approved
6.B.19-332 APPROVAL OF THE PUBLIC ART ADVISORY BOARD BYLAWS
ESTABLISHING THE RULES OF PROCEDURES
Recommendation:Motion to approve the Public Art Advisory Board Bylaws as presented
establishing the rules of procedures.
Sponsors:Parks & Recreation Department and Fisher
Agenda Cover Report
Attachment 1: 2019 Board Rules signed by Chairwoman Akins
Attachment 2: PAAB Minutes 2019 JANUARY
Attachment 3: PAAB 2019 February Minutes
Master
Master
Master
Attachments:
approved
6.C.19-355 ITEM (A) - ACCEPTANCE OF A UTILITY EASEMENT AGREEMENT FOR
2605 S. FEDERAL HWY.
Recommendation:Item A
Motion to approve and accept variable width easement for 2605 S.
Federal Hwy.
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April 16, 2019City Commission Minutes - Final
Agenda Cover Report
Utility Agreement for 2605 S Federal
PAPA MAP for 2605 S Federal
PAPA Page for 2605 S Federal
Sketch and Legal for 2605 S Federal
Sunbiz Page for 2605 S Federal
Attachments:
This item has been removed from the agenda.
6.D.19-370 APPROVAL OF RESOLUTION NO. 68-19 FOR TEMPORARY STAFF
FROM GUIDESOFT, INC. DBA KNOWLEDGE SERVICES UTILIZING
STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES
CONTRACT NO. 3141800-14-ACS - $119,000
Recommendation:Motion to approve Resolution No. 68-19 for Temporary Administrative and
Light Industrial Staff from Guidesoft, Inc. dba Knowledge Services Utilizing
State of Florida, Department of Management Services Contract No.
3141800-14-ACS - $119,000 and authorize the City Manager to approve
renewal options, in the amounts below, contingent upon appropriation of
funds.
Sponsors:Human Resources Department
Agenda Cover Report
Legal Review Checklist Piggyback of State of Florida and Guidesoft
for placement of Temp Employees
Amendment 1 Temp. Employ. Staffing Serv.
Participating Addenda
Attachments:
approved
6.E.19-373 APPROVAL OF AN ACCESS EASEMENT AGREEMENT AND
TERMINATION OF EASEMENT FOR AZURE DELRAY LOCATED AT
116 MARINE WAY
Recommendation:Motion to approve Access Easement Agreement and Termination of
Easement for Azure Delray.
Sponsors:City Attorney Department and Inglese
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April 16, 2019City Commission Minutes - Final
Agenda Cover Report
Doc - Limited Access Easement form v.01 (116 Marine Way)
Sketch & Legal - 116 Marine Way Easement - both pages
Doc - Termination of Access Easement form v.01 (116 Marine Way)
Attachments:
This item was removed from the consent agenda and moved to the
regular agenda as Item 7.A.A.
Commissioner Boylston recused himself from the discussion and stepped
away from the dais.
The City Attorney stated this involves two items; one is a termination of an
easement and the other is approval of an access easement. The City
Attorney stated Azure is located at 116 Marine Way and in between the
property and Marine Way there is a strip that is vested to the city, but it is
not considered a part of Marine Way and does not belong to Azure.
Therefore, they needed an access easement and although one was
previously granted to them, but with the construction, the driveways had to
be moved and thus the reason they need a new access easement.
Commissioner Frankel moved to approve Item 7.A.A. (formerly Item
6.E.). It was seconded by Deputy Vice Mayor Bathurst. A roll call vote was
taken and all were in favor. The motion carried 3-0.
At this point, Commissioner Boylston returned to the dais.
6.F.19-385 AGREEMENT WITH THE STATE OF FLORIDA EMERGENCY
MANAGEMENT ACT, CHAPTER 252
Recommendation:ENTER INTO AN AGREEMENT WITH THE STATE OF FLORIDA
EMERGENCY MANAGMENT
Sponsors:Fire Rescue Department
Agenda Cover Report
Statewide Mutual Aid Information Sheet
Statewide Mutual Aid Information Sheet
19-385 Resolution
Legal Review Checklist form v. 5 Fl DEM Statewide Mutual Aid
Agreement
State of Forida Emergency Management Act, Chapter 252-Agenda
Cover Memo
Attachments:
approved
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April 16, 2019City Commission Minutes - Final
6.G.19-389 APPROVAL OF AMENDMENT NO. 1 WITH M & M ASPHALT
MAINTENANCE, INC. D/B/A ALL COUNTY PAVING FOR GENERAL
ROADWAY AND MISCELLANEOUS CONSTRUCTION SERVICES
UTILIZING THE CITY OF WEST PALM BEACH SOLICITATION NO. ITB
14-15-134, AND TO INCREASE THE NOT-TO-EXCEED AMOUNT OF
$300,000 TO $560,000.
Recommendation:Motion to approve Amendment No. 1 with M & M Asphalt Maintenance, Inc.
d/b/a All County Paving for General Roadway and Miscellaneous
Construction Services for a total agreement value not-to-exceed $560,000
and authorize the City Manager to approve and execute agreement
renewal options, in the amounts listed below, contingent upon
appropriation of funds.
Sponsors:Public Works Department
Agenda Cover Report
Legal Review Checklist All County Paving Amendment No 1
Attachments:
approved
6.H.19-412 APPROVAL OF RESOLUTION NO. 85-19 , APPROVING HURRICANE
IRMA (FEMA - DR 4337 FL) FEDERALLY-FUNDED SUBAWARD AND
GRANT AGREEMENTS BETWEEN THE CITY OF DELRAY BEACH AND
THE FLORIDA DEPARTMENT OF EMERGENCY MANAGEMENT AND
APPROVAL TO DELEGATE AUTHORITY TO THE MAYOR TO
APPROVE MODIFICATIONS TO ATTACHMENT A OF THE
AGREEMENT IN ACCORDANCE WITH SECTION TO INCLUDE
ADDITIONAL PROJECTS.
Recommendation:It is recommended that City Commission adopt Resolution No. 85-19
approving the Form of the Federally-Funded Subaward and Grant
Agreements with Florida Department of Emergency Management and
authorize the Mayor to execute these agreements related to Hurricane Irma
on behalf of the City.
Agenda Cover Report
Resolution 85-19
Attachment A
File Summary
Attachments:
approved
6.I.19-414 INTERLOCAL AGREEMENT - 2019 PALM BEACH COUNTY
DROWNING PREVENTION COALITION LEARN TO SWIM
REIMBURSEMENT PROGRAM
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April 16, 2019City Commission Minutes - Final
Recommendation:Motion to enter into an Interlocal Agreement with the Palm Beach County
Drowning Prevention Coalition (“DPC”) for payment of swimming
classes/lessons to the City of Delray Beach, FL (“City,”) for the provision of
swimming classes/lessons to individuals who present vouchers issued by
the DPC Learn to Swim Program.
Sponsors:Parks & Recreation Department
Agenda Cover Report
Attach1_DPC_Interlocal Agreement 2019
Attach2_Legal Review Checklist
Attach3_Pool Operating Permits DOH
Attach4_Pool Inspection reports DOH
Attach5_Exhibit A _Pool Services
Attach6_COI
Attachments:
approved
6.J.19-417 RESOLUTION NO. 92-19: HISTORIC PROPERTY TAX EXEMPTION
REQUEST FOR 231 NE 1st AVENUE
Recommendation:Motion to Adopt Resolution No. 92-19; approving a historic property tax
exemption request for improvements to the contributing structure and
property located at 231 NE 1st Avenue, based upon positive findings with
respect to LDR Section 4.5.1(J).
Sponsors:Development Services Department
Agenda Cover Report
231 NE 1st Avenue-HPB SR-2019-02-06
231 NE 1st Avenue-Attachments
Resolution 92-19
Attachments:
approved
6.K.19-423 APPROVAL OF RESOLUTION NO. 84-19 TO CONTINUE WITH THE
COMMERCIAL PURCHASING CARD PROGRAM TO CONDUCT CITY
BUSINESS FOR APPROXIMATELY $2,000,000.00 ANNUALLY AND
RETROACTIVE APPROVAL OF BANK OF AMERICA UTILIZING STATE
OF FLORIDA CONTRACT NO. 84121500-15-01 FOR PURCHASING
CARD SERVICES IN THE AMOUNT OF $4,077,000.00
Recommendation:Motion to approve Resolution No. 84-19 to award an agreement with Bank
of America for commercial purchasing card services utilizing the State of
Florida Contract No. 84121500-15-01 in an estimated maximun amount of
$2,000,000.00, and retroactive approval with Bank of America to continue
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April 16, 2019City Commission Minutes - Final
with the commercial purchasing card program in an amount of
$4,007,000.00, and authorize the City Manager to approve renewal
options, utilizing the balance of the budgeted amount in each department,
contingent upon appropriation of funds.
Sponsors:Purchasing Department
Agenda Cover Report
84121500-15-01 Purchasing Card Services (Amendment No 4)
Amendment No. 1
Amendment No. 2 State of Florida
84-19 Resolution Piggyback for BOA purchase cards
Legal Review Checklist piggyback of Florida Department of
Management Services and BOA for purchase cards (2)
BOA - Agreement Gov Contract - 1
Attachments:
approved
6.L.19-433 APPROVAL OF RESOLUTION NO. 95-19 TO AWARD AN AGREEMENT
WITH PROLIME CORPORATION FOR WET LIME SLUDGE HAULING BY
UTILIZING COLLIER COUNTY CONTRACT ITB NO. 160478/AB -
$490,833
Recommendation:Motion to approve Resolution No. 95-19 to award an agreement with
Prolime Corporation for wet lime sludge hauling utilizing Collier County ITB
No. 160478/AB in an estimated amount of $490,833 for the agreement
term and authorizing the City Manager to approve renewal options, in the
amounts below, contingent upon appropriation of funds.
Sponsors:Purchasing Department
Agenda Cover Report
Legal Review Checklist Prolime Piggyback
092518 CONTRACT NO 18-7416
Prolime Piggyback Agreement Vendor
Resolution Prolime
Attachments:
approved
6.M.19-445 STATE HOUSING INITIATIVES PARTNERSHIP LOCAL HOUSING
ASSISTANCE PLAN (LHAP) FY2019-2022
Recommendation:Motion to authorize and approve the Local Housing Assistance Plan
(LHAP) for Fiscal Years 2019-2022, by adopting Resolution #88-19,
pursuant to Title 67-37 of the Florida Administrative Code.
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April 16, 2019City Commission Minutes - Final
Sponsors:Community Improvement and Mesidort
Agenda Cover Report
2019 LHAP FINAL FY19-22
2019 Exhibit A - Administrative Budget
2019 Exhibit B - Timeline Expenditures
2019 Exhibit C - Housing Delivery Goals Chart
2019 Exhibit D - Certification
Res 88-19
Legal Approval
Attachments:
approved
6.N. PROCLAMATIONS:
6.N.1.19-358 MAY 2019 MENTAL HEALTH AWARENESS MONTH PROCLAMATION
Recommendation:Motion to...
Sponsors:Community Improvement and Quinlan
Agenda Cover Report
May 2019 Mental Health Awareness Month Proclamation
Attachments:
approved
6.N.2.19-382 ARBOR DAY PROCLAMATION
Recommendation:Designate April 26, 2019 as Arbor Day in the City of Delray Beach.
Agenda Cover Report
Arbor Day Proclamation 2019
Attachments:
approved
6.N.3.19-430 ADMINISTRATIVE PROFESSIONALS WEEK
Recommendation:Motion to proclaim April 21-27, 2019 Administrative Professionals
Week in Delray Beach, Florida and April 24, 2019, as Administrative
Professionals Day and encourage all citizens to recognize the
contributions of these dedicated professionals.
Agenda Cover Report
Administrative Professionals Week 2019
Attachments:
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April 16, 2019City Commission Minutes - Final
approved
6.O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
6.O.1. None
6.P. AWARD OF BIDS AND CONTRACTS:
6.P.1.19-346 APPROVAL OF RESOLUTION NO. 65-19 TO AWARD AN AGREEMENT
WITH FLORIDATOURS.COM FOR CHARTER BUS SERVICES FOR THE
PARKS AND RECREATION DEPARTMENT (ITB NO. 2019-018) -
$267,724.00
Recommendation:Motion to approve Resolution No. 65-19 to award an agreement with
FloridaTours.com for Charter Bus Services for the Parks and Recreation
Department (ITB No. 2019-018) - $267,724.00 for the Agreement term and
authorize the City Manager to approve renewal options, in the same
amounts below, contingent upon appropriations of funds .
Sponsors:Parks & Recreation Department
Agenda Cover Report
Legal Review Checklist 2019-018 Agreement ITB Charter Bus
Services FloridaTours.com
Resolution 65-19 Contract with FloridaTours
Floridatours.com Agreement
Attachments:
approved
6.P.2.19-305 APPROVAL OF RESOLUTION NO. 73-19 TO AWARD AN AGREEMENT
WITH MBR CONSTRUCTION, INC. FOR CONSTRUCTION OF THE
BEACH MASTER PLAN PHASE 2 (PROJECT NO. 15-008 (2))
PURSUANT TO ITBC. NO. 2019-023 - $3,313,767
Recommendation:Motion to approve Resolution No. 73-19 to award an Agreement with MBR
Construction, Inc. for construction of the Beach Master Plan Phase 2
(Project No. 15-008 (2)) pursuant to ITBC No. 2019-023 in an estimated
amount of $3,313,767.
Sponsors:Public Works Department - Programs & Project Management
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April 16, 2019City Commission Minutes - Final
Agenda Cover Report
2019-023 Agreement, vendor executed
Legal Review Checklist form v. 5 MBR Beach MAster Plan Phase 2
Resolution No. 73-19 Beach Master Plan Phase 2
2019-023 Beach Master Plan, Phase 2 Construction (rev 2)
Exhibit A, Drawings
2019-023 Exhibit B, Specifications (rev 2)
2019-023 Addendum No. 1
2019-023 Addendum No. 2
2019-023 Addendum No. 3
MBR Construction Response
2019-023 Non-Responsible Letter to WCI
Attachments:
approved
6.P.3.19-394 APPROVAL OF RESOLUTION NO. 74-19 AWARD OF AGREEMENT
WITH STO LANDSCAPE SERVICES, INC. FOR POMPEY PARK
BASEBALL FIELD MAINTENANCE - $126,480.
Recommendation:Motion to approve Resolution No.74-19 award of Agreement with STO
Landscape Services, Inc. for Pompey Park Baseball Field Maintenance
$126,480 for the Agreement term and to authorize the City Manager to
exercise any and all renewal options in the amounts below, contingent upon
appropriation of funds.
Sponsors:Parks & Recreation Department
Agenda Cover Report
Legal Review Checklist ITB 2019-025 maintenance of Baseball fields
at Pompey Park STO Landscape
Res 74-19 STO Landscape Pompey Baseball Field
STO Agreement
Attachments:
approved
6.P.4.19-380 APPROVAL OF RESOLUTION NO. 76-19 TO AWARD AN AGREEMENT
WITH WANTMAN GROUP, INC. FOR CONSTRUCTION, ENGINEERING,
AND INSPECTION SERVICES FOR THE CITY MARINA
IMPROVEMENTS PROJECT PURSUANT TO RFQ NO. 2019-020
(PROJECT NO. 16-098) - $350,000
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April 16, 2019City Commission Minutes - Final
Recommendation:Motion to approve Resolution No. 76-19 to award an agreement with
Wantman Group, Inc. for construction, engineering, and inspection (CEI)
services for the City Marina Improvements project pursuant to RFQ No.
2019-020 in an estimated amount of $350,000
(Project No. 16-098).
Sponsors:Public Works Department and Kovner
Agenda Cover Report
2019-020 Agreement vendor executed
Res 76-19 Solicitation 2019-020 Wantman Group engineering_ (CA
Rev)
Legal Review Checklist Wantman re Marina Improvement
RFQ 2019-020 CEI Services for City Marina JA
2019-020 Addendum No. 1
Wantman Group Proposal
2019-020 Scoring Summary after Final Evals
Attachments:
approved
6.P.5.19-381 APPROVAL OF RESOLUTION NO. 77-19 TO AWARD AN AGREEMENT
WITH BAXTER & WOODMAN, INC. D/B/A MATHEWS CONSULTING, A
BAXTER & WOODMAN COMPANY, FOR CONSTRUCTION,
ENGINEERING, AND INSPECTION SERVICES FOR THE BEACH
MASTER PLAN, PHASE 2 CONSTRUCTION PROJECT PURSUANT TO
RFQ NO. 2019-021 (PROJECT NO. 15-008(2)) - $256,000
Recommendation:Motion to approve Resolution No. 77-19 to award an agreement with
Baxter & Woodman, Inc. d/b/a Mathews Consulting, a Baxter & Woodman
Company for construction, engineering, and inspection (CEI) services for
the Beach Master Plan, Phase 2 construction project pursuant to RFQ No.
2019-021 in an estimated amount of $256,000 (Project No. 15-008(2)).
Sponsors:Public Works Department and Kovner
Agenda Cover Report
2019-021 Agreement, vendor executed
Res 77-19 RFQ 2019-021 Matthews Consulting Master Beach Plan
Phase 2 (CA Rev)
Legal Review Checklist Matthew Consulting re Master Beach Plan
Phase 2
RFQ 2019-021 CEI Services for Beach Master Plan, Phase 2 JA
2019-021 Addendum No. 1
Proposal - Baxter & Woodman dba Mathews Consulting
2019-021 Scoring Summary after Final Evals
Attachments:
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April 16, 2019City Commission Minutes - Final
approved
6.P.6.19-429 APPROVAL OF RESOLUTION NOS. 80-19 AND 81-19 TO AWARD AN
AGREEMENT WITH BOUND TREE MEDICAL, LLC AND
CONCORDANCE HEALTHCARE SOLUTIONS, LLC FOR THE
PURCHASE OF MEDICAL SUPPLIES UTILIZING THE VOLUSIA
COUNTY ITB NO. 18-B-43AK - $400,000
Recommendation:Motion to approve Resolution Nos. 80-19 and 81-19 to award an
agreement with Bound Tree Medical, LLC and Concordance Healthcare
Solutions, LLC for the purchase of medical supplies utilizing the Volusia
County ITB No. 18-B-43AK in an estimated amount of $400,000
collectively between suppliers through July 12, 2021 and authorize the City
Manager to approve renewal options, in an estimated of $200,000
collectively per renewal term, contingent upon appropriation of funds.
Sponsors:Fire Rescue Department
Agenda Cover Report
P2019-040 Agreement with Bound Tree
P2019-040 Agreement with Concordance, vendor executed
Legal Review Checklist Bound Tree for medical supplies Fire
Legal Review Checklist Concordance Healthcare for medical supplies
for Fire
Res 80-19 with Bound Tree P2019-040_
Res 81-19 regarding agreement with Concordance P2019-040
Medical Supplies ITB 18-B-43AK All Vendors Piggyback Package
Attachments:
approved
7. REGULAR AGENDA:
approved
7.A.19-379 RESOLUTION NO. 70-19: A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE
ABANDONMENT OF INTEREST OF A SOUTHWEST PORTION OF THE
HUNGERFORD CANAL TOTALING APPROXIMATELY THREE
THOUSAND EIGHT HUNDRED AND FORTY-NINE (3,849) SQUARE
FEET, LOCATED PERPENDICULAR TO THE C-15 CANAL, ABUTTING
THE SOUTH PROPERTY LINE OF LOT 14, AS RECORDED IN THE
REPLAT OF TROPIC PALM PLAT NO. 2, BOOK 33, PAGES 144
THROUGH 146 OF THE OFFICIAL RECORDS OF PALM BEACH
COUNTY.
Recommendation:Motion to approve Resolution No. 70-19 formally abandoning the City’s
interest of upland area located at the southwest corner of the Hungerford
canal, perpendicular to the C-15 canal, abutting the south property line of
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April 16, 2019City Commission Minutes - Final
Lot 14 (1300 Cormorant Road), as recorded in the replat of Tropic Palm
Plat No. 2, Book 33, Pages 144 through 146 of the Official Records of
Palm Beach County, Florida, and as more particularly described in exhibit
“A”.
Sponsors:Development Services Department
Agenda Cover Report
Location Map
Resolution 70-19 - 1300 Cormorant Abandonment w. easement
Exhibit A - Sketch and Legal description w. easement - 04-12-19
1300 Cormorant Rd - P&Z Staff Report
1300 Cormorant Rd - Title Opinion
1300 Cormorant Rd - Title Opinion2
Affidavit Res. #70-19 Notice of Abandonment of Interest 3-14-19
Letters of no objection from Neighbors from the applicant
Easement Deed 1300 Cormorant (002)
Exhibit A -Sketch and Legal - For Private Easement
Attachments:
The City Attorney stated this item is an abandonment and was noticed in
the newspaper and requested that the City Commission postpone this item
to a date certain because it is not ready for City Commission approval at
this time.
Mayor Petrolia stated if anyone from the public would like to speak on
Resolution No. 70-19, to step forward. There being no one from the public
who wished to address the City Commission regarding Resolution No.
70-19, the public comment was closed.
Commissioner Frankel moved to postpone Item 7.A. to a date certain of
May 7, 2019. It was seconded by Deputy Vice Mayor Bathurst. A roll call
vote was taken and all were in favor. The motion carried 3-0.
Commissioner Boylston returned to the dais.
7.B.19-467 APPROVE THE SECOND AMENDMENT TO THE FISCAL YEAR
2018/19 INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY
BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT
AGENCY FOR FUNDING TRANSPORTATION SERVICES FOR APRIL
30, 2019 UP TO JUNE 30, 2019 IN THE AMOUNT OF $80,000
Recommendation:Motion to approve the Second Amendment to the Interlocal Agreement
(ILA) between the City of Delray Beach (City) and the Delray Beach
Community Redevelopment Agency (CRA) for Funding of Transportation
Services for operations of the Downtown Roundabout for up to two months
in the amount of $80,000 beginning on May 1, 2019 and ending on June
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April 16, 2019City Commission Minutes - Final
30, 2019.
Agenda Cover Report
Legal Review Checklist form v. 5 Amend No 2 to ILA for Transportation
Services Funding with CRA
2nd Amend ILA Transportation FINAL
Attachments:
Caryn Gardner-Young, Assistant City Manager, stated staff brought this
item forward because the City presently has the contract with the existing
operator and staff was not sure if they could complete this by May 1st. She
noted since the existing contract is with the existing operator with the City,
the Interlocal Agreement (ILA) was first approved by the CRA Board, and
then it has to be approved by the City Commission to make sure that if the
City needs to continue their contract after May 1st, then the City has the
option to do that with this approval.
Commissioner Boylston moved to approve Item 7.B. It was seconded by
Deputy Vice Mayor Bathurst. A roll call vote was taken and all were in favor
and the motion carried with a vote of 3-1, with Commissioner Frankel
dissenting.
approved
8. PUBLIC HEARINGS:
8.A.19-447 ORDINANCE NO. 02-19: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY
AMENDING SECTION 4.3.4 “BASE DISTRICT DEVELOPMENT
STANDARDS”, BY AMENDING PARAGRAPH 4.3.4(J) “HEIGHT”, TO
AMEND THE BASIS FOR BUILDING HEIGHT MEASUREMENT;
AMENDING SECTION 4.6.2 “DISTANCE BETWEEN RESIDENTIAL
BUILDINGS” TO AMEND THE BASIS FOR BUILDING HEIGHT
MEASUREMENT; AND AMENDING APPENDIX A “DEFINITIONS” OF
THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES TO ADD DEFINITIONS FOR “BASE FLOOD
ELEVATION”, “BASE BUILDING ELEVATION”, AND “FREEBOARD”,
AND TO REMOVE THE DEFINITION OF “GRADE”; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY
TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES. (SECOND READING)
Recommendation:Motion to approve Ordinance No. 02-19, a City-initiated amendment Land
Development Regulations, Section 4.3.4 “Base District Development
Standards” and Section 4.6.2 “Distance between Residential Buildings” to
amend the basis for building height measurement; and, amending
Appendix A “Definitions” to add definitions for “Base Flood Elevation,”
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April 16, 2019City Commission Minutes - Final
“Finished Grade Elevation,” and “Freeboard,” and to remove the definition
of “Grade,” by adopting the findings of fact and law contained in the staff
report and finding that the amendment and approval thereof is consistent
with the Comprehensive Plan and meets the criteria set forth in LDR
Section 2.4.5(M).
Sponsors:Development Services Department
Agenda Cover Report
Ordinance 02-19 Building Height Measure
02-19 PZB Staff Report
Attachments:
The City Attorney read the title of Ordinance No. 02-19 into the record.
Tim Stillings, Development Services Director, stated one modification to
the ordinance is to the graphic on page 4 which references the "lowest
horizontal structural member" and noted this is dependent on what zone
someone is in. Therefore, Mr. Stillings requested that this be removed
from the ordinance to avoid any confusion; however, everything else
remains the same.
Mayor Petrolia declared the public hearing open. There being no one from
the public who wished to address the City Commission regarding
Ordinance No. 02-19, the public hearing was closed.
Commissioner Boylston moved to approve Ordinance No. 02-19 on
Second and Final Reading. It was seconded by Commissioner Frankel. A
roll call vote was taken and all were in favor. The motion carried 4-0.
continued
8.B.19-427 ORDINANCE NO. 14-19: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY
AMENDING CHAPTER 4, “ZONING REGULATIONS”, SECTION 4.4,
“BASE ZONING DISTRICT”, SECTION 4.4.25, “SPECIAL ACTIVITIES
DISTRICT (SAD)”, SUBSECTION 4.4.25(H), “S.A.Ds”, TO ADD A
SPECIAL ACTIVITIES DISTRICT FOR THE PROPERTY LOCATED AT
777 CONGRESS SOUTH CONGRESS AVENUE BY CREATING THE
“COLLIER CAR CLUB SAD”; AMENDING THE “CITY OF DELRAY
BEACH, ZONING MAP, JUNE 29, 2017”; PROVIDING A CONFLICTS
CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES. (SECOND READING)
Recommendation:Motion to approve Ordinance No. 14-19 on First Reading for a
privately-initiated rezoning from Mixed Residential, Office, and Commercial
(MROC) to Special Activities District (SAD) for the Collier Car Club SAD
located at 777 South Congress Avenue by adopting the findings of fact and
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April 16, 2019City Commission Minutes - Final
law contained in the staff report, finding that the request and approval
thereof is consistent with the Comprehensive Plan, and meets the criteria
set forth in LDR Sections 2.4.5(D)(5), 3.1.1, and 3.2.2.
Sponsors:Development Services Department
Agenda Cover Report
Ord No 14-19 Collier Car Club SAD 1st Reading Draft
Ord No 14-19 Collier Car Club SAD Planning Board Staff Report
Ord No 14-19 Collier Car Club SAD Rezoning Justification
Ord No 14-19 Collier Car Club SAD Plans
Ord No 14-19 Collier Car Club SAD Rezoning Objection Letter
Legal Review Ordinance 14-19 SAD Collier Car Club with P&Z Edits
Congress Avenue_Delray Beach's Next Great Street 091616
Attachments:
The City Attorney read the title of Ordinance No. 14-19 into the record.
Tim Stillings, Development Services Director, entered the project file
#2019-060 into the record.
Michael Weiner, Attorney representing the applicant, stated the
presentation is the same as it was previously presented to the City
Commission and noted they received Site Plan Review and Appearance
Board (SPRAB) approval without any additional conditions.
Mr. Stillings stated this is a proposed Special Activities District (SAD) for
Collier Car Club and it meets the requirements, purpose and intent of an
SAD. Positive findings can be made for all of those that are applicable
related to a rezoning as well as to the findings in Section 3.1.1. regarding
the Future Land Use Map (FLUM), Concurrency, Consistency, and
Compliance with the LDRs, it is compatible with adjacent land uses and
meets the intent of the Future Land Use Element of the Comprehensive
Plan. Staff recommends approval.
Mayor Petrolia declared the public hearing open. There being no one from
the public who would like to address the City Commission regarding
Ordinance No. 14-19, the public hearing was closed.
Commissioner Boylston moved to approve Ordinance No. 14-19 on
Second and Final Reading. It was seconded by Deputy Vice Mayor
Bathurst. A roll call vote was taken and all were in favor. The motion
carried 4-0.
approved
8.C.19-428 ORDINANCE NO. 15-19: INDIVIDUALLY DESIGNATING “THE
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April 16, 2019City Commission Minutes - Final
HARDEN-HART HOUSE” AT 516 NORTH SWINTON AVENUE ON THE
LOCAL REGISTER OF HISTORIC PLACES (SECOND READING)
Recommendation:Approve Ordinance No. 15-19 on First Reading for the Individual
Designation of The Harden-Hart House at 516 North Swinton Avenue on
the Local Register of Historic Places.
Sponsors:Development Services Department
Agenda Cover Report
Ordinance 15-19 Harden-Hart House Designation
1 Harden-Hart House-Designation Report
2 Harden-Hart House-Survey
3 Harden-Hart House-WPB Sanborn Maps
4 Harden-Hart House-David Harden Bio
5 Harden-Hart House-Harden Newspaper Articles
6 Harden-Hart House-Hart US Census Information
7 Harden-Hart House-Hart Newspaper Articles
HPB SR Harden-Hart House-516 N Swinton Avenue
Attachments:
The City Attorney read the title of Ordinance No. 15-19 into the record.
Tim Stillings, Development Services Director, stated this is individually
designating the Harden-Hart House at 516 N. Swinton Avenue on the Local
Register of Historic Places and noted this home was moved from West
Palm Beach to Delray Beach. Staff recommends approval.
Mayor Petrolia declared the public hearing open. There being no one from
the public who wished to address the City Commission regarding
Ordinance No. 15-19, the public hearing was closed.
Deputy Vice Mayor Bathurst moved to approve Ordinance No. 15-19 on
Second and Final Reading. It was seconded by Commissioner Boylston.
A roll call vote was taken and all were in favor. The motion carried 4-0.
approved
8.D.19-401 RESOLUTION NO. 43-19, HOUSING DISPOSITION/CONTRACT FOR
SALE AND PURCHASE/DELRAY BEACH COMMUNITY LAND TRUST
(DBCLT)/108 NW 12TH AVENUE, DELRAY BEACH, FLORIDA
Recommendation:Motion to approve transfer property 108 NW 12TH Avenue, Delray Beach,
33444 to the Delray Beach Community Land Trust for the benefit and
development of affordable housing to a household at or below 120% Area
Median Income (AMI) as determined by HUD .
Sponsors:Community Improvement and Mesidort
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April 16, 2019City Commission Minutes - Final
Agenda Cover Report
Legal Review Checklist for DB Community Land Trust Property
Transfer
As Is Contract Delray Beach Community Land Trust
Adendum to K for Sale-Purchase with DB Community Land Trust-108
Partially Executed
Quit Claim Deed-Delray Beach Community Land Trust-108
Resolution 43-19 Transfer of Property located at 108 pka101-18
Location Map 108_NW_12th_Ave
Attachments:
The City Attorney read the title of Resolution No. 43-19 into the record.
Jamael Stewart, Assistant Director of Community Improvement, stated this
is a transfer of property to 108 N.W. 12th Avenue to the Delray Beach
Community Land Trust (CLT) for the benefit of development of affordable
housing. Mr. Stewart stated this is the fourth house for the Eagle Nest
Project that has to be transferred to the CLT.
Mayor Petrolia declared the public hearing open. There being no one from
the public who wished to address the City Commission regarding
Resolution No. 43-19, the public hearing was closed.
Commissioner Boylston moved to approve Resolution No. 43-19. It was
seconded by Deputy Vice Mayor Bathurst. A roll call vote was taken and all
were in favor. The motion carried 4-0.
approved
9. FIRST READINGS:
9.A.19-452
ORDINANCE 18-19 AMENDING TITLE 7, “TRAFFIC CODE”, OF THE
CODE OF ORDINANCES BY ADDING A NEW CHAPTER 73,
“MOTORIZED SCOOTERS, ELECTRIC BICYCLES AND GO-PEDS,”
PROHIBITING THE OPERATION OF MOTORIZED SCOOTERS,
ELECTRIC BICYCLES AND GO-PEDS; AMENDING TITLE 11,
“BUSINESS REGULATIONS”, BY ADDING A NEW CHAPTER 121,
“RENTALS OR LEASES OF MOTORIZED SCOOTERS, ELECTRIC
BICYCLES AND GO-PEDS”, TO PROHIBIT THE SALE, RENTAL, OR
LEASING OF MOTORIZED SCOOTERS, ELECTRIC BICYCLES AND
GO-PEDS. (FIRST READING)
Recommendation:Motion to approve Ordinance 18-19.
Sponsors:City Attorney Department and Inglese
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April 16, 2019City Commission Minutes - Final
Agenda Cover Report
Ordinance 18-19
JAMA study
Attachments:
This item has been removed from the agenda.
10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
10.A. City Manager
None.
10.B. City Attorney
The City Attorney stated Ms. Warren and Mr. Bennett are in trial and
noted the jury is "out" on a case involving one of the members of the
Delray Beach Police Department. The City Attorney stated if the City
receives a verdict, she will inform the City Commission.
10.C. City Commission
Commissioner Boylston thanked Kenya from Healthier Delray Beach
and stated Leadership Palm Beach had their Health and Wellness Day
in South County. Commissioner Boylston stated he is part of the
Leadership of Palm Beach this year and every month they have a
different day in the County. He commented that they ended the class in
Delray Beach and he appreciates Mayor Petrolia stopping by.
Secondly, Commissioner Boylston announced that the Plastic Planet
Town Hall Meeting will be held on Monday, April 29, 2019 at 6:00 p.m.
at the Old School Square Park and reminded the public to attend.
Deputy Vice Mayor Bathurst thanked Mr. and Mrs. Harden for
designating their home for historic preservation.
Secondly, Deputy Vice Mayor Bathurst stated the Delray Affair was
great.
On behalf of the City Commission, Commissioner Frankel wished Vice
Mayor Johnson a speedy recovery from her surgery and hopes to see
her back here soon.
Mayor Petrolia stated Vice Mayor Johnson's surgery today was a
success and the City Commission wishes her a speedy recovery.
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April 16, 2019City Commission Minutes - Final
Secondly, Mayor Petrolia wished everyone a Happy Passover and a
Happy Easter.
There being no further business to discuss, Mayor Petrolia adjourned
the regular meeting at 5:06 p.m.
Page 23City of Delray Beach Printed on 5/22/2019
Ci(y Clerk
ATTEST:
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the April 16, 2019 Regular Meeting held on
April 16, 2019, which Minutes were formally approved and adopted by the City
Commission on May 21, 2019.
cjfyOerl<
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.