05-11-10 Agenda Results Regular MeetingCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
Tuesday, May 11, 2010 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 or
Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated.
Public Hearings 7:00 p.m.
Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this
Delray Beach City Hall section.
B. Comments and Inquiries on Non-Agenda 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.
C. Regular Agenda and First Reading Items: Public input on agendaed items,
other than those that are specifically set for a formal public hearing, shall
be allowed when agreed by consensus of the City Commission.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items 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 on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium 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.
100 NW 1st Avenue
Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Smith at 243-7010,
Fax: (561) 243-3774 24 hours prior to the event in order for the City to accommodate your request.
Adaptive listening devices are available for meetings u7 the Commission
Chambers.
ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Commissioner Eliopoulos stated he had done architectural work in the
past but none currently regarding Item 8.B., Hold Harmless Agreement/Block 77 Development Group,
LC; in addition, he had done architectural work in the past for the previous owner regarding Item 8.0.,
Hold Harmless Agreement/Putt'n Around, LLC; Item 8.R.3., Review of Appealable Land Development
Board Actions, Site Plan Review and Appearance Board (SPRAB) Item #3i., 3ii. and 3iii., was moved to
the Regular Agenda as Item 9.A.A.; Item 8.S.2., Contract Award/Chat Equipment Company, Inc., was
moved to the Regular Agenda as Item 9.A.A.A. Approved as amended, 5-0).
5. APPROVAL OF MINUTES:
A. April 13, 2010 -Special/Workshop Meeting (Approved, 5-0)
B. Apri120, 2010 -Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing and Commending Auxiliary Officer Jeff Rubenstein
B. Recognizing and Commending Theodore A. Bush, Ph.D. and Doris A. Meyer
C. National Safe Boating Week -May 22-28, 2010
D. Water Reuse Week -May 16-22, 2010
E. National Public Works Week -May 16-22, 2010
F. National Emergency Medical Services Week -May 16-22, 2010
7. PRESENTATIONS:
A. Historic Preservation Board Awards Recognition
B. Recognizing and Commending Shelly Weil and Chuck Ridley for their contributions
as Chairpersons for the Police Advisory Board
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify actions
of the South Central Regional Wastewater Treatment and Disposal Board at their
Quarterly Meeting of April 15, 2010.
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B. HOLD HARMLESS AGREEMENT/BLOCK 77 DEVELOPMENT GROUP,
LC: Approve a Hold Harmless Agreement with Block 77 Development Group, LC
for the installation of two (2) drainage structures within City right-of--way for the
property located at 32 S.E. 2nd Avenue.
C. SERVICE AUTHORIZATION NO. 06-05.2/CURRIE SOWARDS AGUILA
ARCHITECTS: Approve Service Authorization No. 06-05.2 in the amount of
$4,375.00 to Currie Sowards Aguila Architects for additional professional design
services required for the Old School Square Window Replacement Project. Funding is
available from 334-4151-572-46.08 (General Construction Fund/Repair & Maintenance
Services/OSS Window Replacement).
D. SERVICE AUTHORIZATION NO. 07-06.2/MATHEWS CONSULTING
INC.: Approve Service Authorization No. 07-06.2 in the amount of @4,687.00 to
Mathews Consulting, Inc. for the additional design of S.W. 12th Avenue Alleys.
Funding is available from 334-3162-541-68.49 (General Construction Fund: Other
Improvement/S.W. 12th/Auburn Alley Improvements).
E. SERVICE AUTHORIZATION NO. 01-37/AVIROM & ASSOCIATES, INC.:
Approve Service Authorization No. 01-37 in the amount of $21,465.00 to Avirom &
Associates, Inc. for the survey of twenty-six (26) new bus shelter locations throughout
the City. Funding is available from 334-3162-541-68.47 (General Construction Fund:
Other Improvement/S.W. 29th Street- S.W. 22nd Sidewalk) and 334-3162-544-65.70
(General Construction Fund: Other Improvements/Transit Stop Bus Shelters).
F. CONTRACT CLOSEOUT (C.O. NO. 1/FINALI/THE SIGNAL GROUP
INC./WEST ATLANTIC AVENUE AT S.W. 2nd AVENUE: Approve a
Contract Closeout (Change Order No. 1/Final) in the amount of a $45,845.60 decrease
and final payment in the amount of @9,847.35 to The Signal Group, Inc. for the
completion of the West Atlantic Avenue at S.W. 2nd Avenue Signal Replacement
Project. Funding is available from 334-3162-541-68.58 (General Construction Fund:
Other Improvement/S.W. 2nd Avenue @ West Atlantic Signalization).
G. TRANSPORTATION ENHANCEMENT GRANT APPLICATION UPDATE:
METROPOLITAN PLANNING ORGANIZATION (MPO~ Approve a revision
to a Transportation Enhancement Grant application through the Metropolitan Planning
Organization (MPO).
H. FLORIDA ASSOCIATION OF PUBLIC ART ADMINISTRATORS (FAPAA~
CONFERENCE: Provide authorization to send the Staff Liaison and up to four (4)
other Public Art Advisory Board Members to the Florida Association of Public Art
Administrators (FAPAA) Conference in Fort Pierce, Florida on May 19 - 21, 2010. The
total cost to the Public Arts Budget will not exceed $700.00. Funding is available from
115-1702-579-31.90 (Special Projects Fund: Professional Services/Other Professional
Services).
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I. REVISION OF FUNDING SOURCE/AECOM TECHNICAL SERVICES,
INC./WORTHING PARK: Approve revising the funding source for Worthing Park
design services by AECOM Technical Services, Inc. from 334-4151-572-68.19 (General
Construction Fund: Other Improvement/Worthing Park Improvement) to 117-4133-
572-68.19 (Recreation Impact Fee Fund: Other Improvement/Worthing Park
Improvement).
J. GRANT AWARD/FLORIDA DEPARTMENT OF STATE, DIVISION OF
HISTORICAL RESOURCES: Approve the Historic Preservation Grant
Award Agreement from the Florida Department of State, Division of Historical
Resources in the amount of $15,000.00 to host the 2010 Florida Certified Local
Government (CLG) Training Program on June 23-25, 2010. Funding is available from
001-2511-515-48.91 (General Fund: Promotional Activities/ 2010 Florida CLG
Training Program).
K. RESCIND BID AWARD TO H & D CONSTRUCTION: Approval to rescind the
bid award to H & D Construction in the amount of $479,612.00 for the construction of
S.W. 12th Avenue Alleys - Phase I Project and proceed with re-advertising the project
for bid.
L. REVISION 2 OF THE CITY'S HOUSING ASSISTANCE PLAN: FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS/NEIGHBORHOOD
STABILIZATION PROGRAM: Approve Revision 2 of the City's Housing
Assistance Plan, revising Section III, paragraph 1.4, "Identification of Units", governing
the use of funding from the Florida Department of Community Affairs Neighborhood
Stabilization Program (NSP1) including the activities and processes to be used.
M. SCHOOL READINESS CHILD CARE SERVICE AGREEMENT/FAMILY
CENTRAL, INC.: Approve a School Readiness Child Care Service Agreement
between the City and Family Central, Inc., to provide subsidized child care funding for
the Afterschool Program.
N. RESOLUTION NO. 30-10: Approve Resolution No. 30-10 assessing costs for
abatement action required to remove nuisances on ten (10) properties throughout the
City.
O. HOLD HARMLESS AGREEMENT/PUTT'N AROUND, LLC: Approve a
Hold Harmless Agreement with Putt'n Around, LLC to install an irrigation water
service connection within Florida Department of Transportation right-of--way at N.E.
5`'' Avenue, south bound Federal Highway, located on the west side of N.E. 5`''
Avenue between 3Td Street and 4`'' Street.
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P. CONTRACT CLOSEOUT (FINAL PAYMENTI/COMMERCIAL
INSURANCE ALLIANCE/GARDEN WORLD OF HOLIDAY, INC.:
Approve a Contract Closeout and final payment in the amount of a $130,344.68 to
Commercial Insurance Alliance, A Reciprocal Insurance Company and Ford, Miller &
Wainer, P.A. Trust Account for the completion of the Florida Beautification Grant
landscape project. Funding is available from 334-3162-541-68.09 (General Construction
Fund: Other Improvement/Atlantic Avenue Gateway Feature).
Q. MEMORANDUM OF UNDERSTANDING/DEPARTMENT OF
CHILDREN AND FAMILIES SERVICES: Approve a Memorandum of
Understanding between the City and the Florida Department of Children and
Families to allow additional home visits to supplement the current child abuse and joint
investigations protocol.
R. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA)
AWARD OF BIDS AND CONTRACTS:
1. Contract award to B & O Constructors, Inc. in the amount of $154,780.00 for
the complete restoration of the historic Susan B. Williams House. Funding is
available from 334-4851-575-62.89 (General Construction Fund:
Buildings/Munnings/Williams Rehab).
2. (MOVED TO ITEM 9.A.A.A. ON THE REGULAR AGENDA)
3. Purchase award to Emergency Vehicle Supply (EVS) in the amount of
$62,581.32 to equip six (6) newly purchased Police Vehicles. Funding is available
from 101-2136-521-64.20 (ARR.A Economic Stimulus Fund:
Machinery/Equipment/Automotive) and 001-2115-521-52.27 (General Fund:
Operating Supplies/Equipment < $1,000.00).
4. Purchase award to Farmer & Irwin Corporation in the amount of $59,995.00 for
the purchase and installation of one (1) Carrier 50-ton rooftop a/c unit for the
Police Department. Funding is available from 334-2111-521-64.90 (General
Construction Fund: Machinery/Equipment/Other Machinery /Equipment).
5. Bid award to Imperial Electrical Inc. in the amount of $312,510.00 for Sports
Lighting Upgrades at Pompey Park as part of the City's Energy Efficiency and
Conservation Block Grant (EECBG) Project. Funding is available from 101-
6352-519-46.94 (ARRA Economic Stimulus Fund: Repair and Maintenance
Services/74 Energy Efficient Green Lights).
9. REGULAR AGENDA:
AA. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
April 19, 2010 through May 7, 2010. (Commissioner Eliopoulos filed a Conflict of Interest
and left the dais. Approved, 4-0).
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AAA. Contract award to Chaz Equipment Company, Inc. in the amount of $41,610.00 for
rehabilitation of Lift Stations 84C, 90A, 11B and 108 as part of the annual Lift Station
Rehabilitation program. Funding is available from 442-5178-536-68.15 (W & S Renewal
& Replacement Fund: Improvements Other/Lift Station Rehabilitation). (Motion to
approve; Approved, 4-1. Commissioner Eliopoulos dissenting
A. RATIFICATION OF THE COLLECTIVE BARGAINING AGREEMENT
WITH /PROFESSIONAL FIRE FIGHTERS AND PARAMEDICS OF PALM
BEACH COUNTY, LOCAL 2928, IAFF, INC.: Consider approval of a collective
bargaining agreement with the Professional Fire Fighters and Paramedics of Palm Beach
County, Local 2928, IAFF, Inc. effective October 1, 2008 through September 30, 2011.
(Approved, 5-0)
B. CHANGE ORDER NO. 3/H.A. CONTRACTING CORPORATION/OLD
SCHOOL SQUARE WINDOW HARDENING PROJECT: Consider approval of
Change Order No. 3 to H.A. Contracting Corporation in the amount of $30,999.02
for additional scope due to unforeseen window conditions encountered during
construction, for the Old School Square Window Hardening Project. Funding is
available from 334-4151-572-46.08 (General Construction Fund: Repair & Maintenance
Services/OSS Window Replacement). (Approved, 5-0)
C. BID AWARD /COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA
INC.: Consider approval of a bid award to Complete Property Services of South
Florida, Inc. in the annual estimated cost of $84,365.00 for landscape maintenance of
the I-95 Interchanges; Atlantic Avenue and Linton Boulevard, and S.W. 10th Street
overpass. Funding is available from 119-4144-572-46.40 (Beautification Trust
Fund/Repair & Maintenance Services/Beautification Maintenance). (Approved, 5-0)
D. BID AWARD/RUST-OFF, INC.: Consider approval of a bid award to Rust-Off,
Inc., the second lowest bidder, in the annual estimated cost of $34,000.00 at $1.55 per
gallon ordered "as needed" for anti-rust chemicals in the City's irrigation system.
Funding is available from 119-4144-572-52.21 (Beautification Trust Fund/Operating
Supplies/Chemicals). (Approved, 5-0)
10. PUBLIC HEARINGS:
A. NONE
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
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12. FIRST READINGS:
A. NONE
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the case o£
City of Delray Beach v. Board of Trustees of the City of Delray Beach Police O~cers and Firefighters
RetiremeutSystem, Case No. 50-2006-CA-007168-XX~~~-MB.
Attendees: Mayor Nelson McDuffie
Commissioner Gary Eliopoulos
Commissioner Fred Fetzer
Commissioner Adam Frankel
Commissioner Angeleta Gray
City Manager David Harden
City Attorney Brian Shutt
James W. Linn, Esq. (via telephone)
A certified court reporter
Purpose: Discuss pending litigation in the above case.
15. CONSIDERATION OF THE PENDING APPEAL: Consideration of the pending appeal
in the case of City of Delray Beach v. Board of Trustees of the City of Delray Beach Police O~cers and
Firefighters Retirement System, Case No. 50-2006-CA-007168-XX~~~-MB. (Motion to withdraw
appeal; Approved, 5-0)
POSTED: MAY 7, 2010
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