06-18-13 Agenda Results Regular MeetingCity of Delray Beach
Regular Commission Meeting
** *AGENDA RESULTS * **
Tuesday, Tune 18, 2013
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
RULES FOR PUBLIC PARTICIPATION
1. 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.
2. 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 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.
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, program, or activity conducted by
the City. Contact the City Manager at 243 -7010, 24 hours prior to the event in order for the City to
accommodate your request. Adaptive listening devices are available for meetings in the
Commission Chambers.
100 NW 1st Avenue • Delray Beach, Florida 33444
Phone: (561) 243 -7000 • Fax: (561) 243 -3774
www.mvdeiraybeach.com
ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. May 14, 2013 — Workshop Meeting (Approved, 5 -0)
B. June 4, 2013 — Regular Meeting (Approved, 5 -0)
5. PRESENTATIONS:
A. Honoring postbumousy Bruce Koeser Human Resource Director , for his dedicated service
to the City of Delray Beach and the community
6. COMMENTS AND INQUIRIES ON AGENDA AND NON - AGENDA ITEMS
FROM THE PUBLIC IMMEDIATELY FOLLOWING PRESENTATIONS:
A. City Manager's response to prior public comments and inquiries
B. From the Public
7. AGENDA APPROVAL. (Mayor Glickstem noted Item 8.S., Re- Opening the Delray Swim and
Tennis Pool Facility, was added to the Consent Agenda as an addendum. Approved as amended, 5 -0).
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5 -0)
A. ACCEPTANCE OF AN SIDEWALK EASEMENT AND RIGHT -OF -WAY
DEED/ COMMUNITY REDEVELOPMENT AGENCY (CRAB Approve and
accept a sidewalk easement and right -of -way deed for the Community Redevelopment
Agency office located at 20 North Swinton Avenue.
B. ACCEPTANCE OF A WATER EASEMENT DEED / LA FITNESS: Approve
and accept a water easement deed for the installation of a new water and fire service line
at LA Fitness located at 1668 South Federal Highway.
C. ACCEPTANCE OF A WATER EASEMENT DEED /BANYAN CREEK
ELEMENTARY: Approve and accept a water easement deed for a fire service
extension at Banyan Creek Elementary located at 4243 Sabal Lakes Road.
D. ADDITIONAL SCOPE /LANZO CONSTRUCTION COMPANY: Approve
additional scope for the installation of additional water services by Lanzo Construction
Company in the amount of $25,250.00 for the Reclaimed Water, Area 12A Project.
Funding will be provided by the contract's Undefined Underground Allowance.
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E. HOLD HARMLESS AGREEMENTS /THE HANNAH BUILDING: Approve
Hold Harmless Agreements for building encroachments (canopy, overhangs, wing walls,
doors, entry gate and column) into the right -of -way for The Hannah Building (f /k /a
Mercer Wenzel) for the property located at 401 East Atlantic Avenue.
F. AMENDMENT NO. 1 (CHANGE ORDER NO. 1) /PROLIME
CORPORATION: Approve Amendment 1 (Change Order No. 1) to Prolime
Corporation in the amount of $35,000 for disposal of wet lime sludge from the Water
Treatment Plant. Funding is available from 441 - 5122 - 536 -34.90 (Water and Sewer
Fund: Other Contractual Services).
G. HOUSING REHABILITATION GRANT/ CONTRACT AWARD FOR 513
S.W. 15TH AVENUE: Award one (1) Housing Rehabilitation contract through the
Neighborhood Stabilization Program (NSP) to the lowest responsive bidder, C J
Contracting, LLC. for 513 S.W. 15th Avenue in the amount of $31,941.00. Funding is
available from 118 - 1935- 554 -62.12 (Neighborhood Services: Other Current
Charges /Housing Rehabilitation).
H. HOUSING REHABILITATION GRANT/ CONTRACT AWARD FOR 808
S.W. 3RD COURT: Award one (1) Housing Rehabilitation contract through the
Neighborhood Stabilization Program (NSP) to the lowest responsive bidder, C J
Contracting, LLC. for 808 S.W. 3rd Court in the amount of $26,775.00. Funding is
available from 118 - 1935- 554 -62.12 (Neighborhood Services: Other Current
Charges /Housing Rehabilitation).
I. LANDSCAPE MAINTENANCE AGREEMENT /2475 SUNDY AVENUE:
Approve the Landscape Maintenance Agreement between the property owner at 2475
Sundy Avenue and the City for landscape installation within the right -of -way of SW 8th
Avenue.
MODIFICATION #4 TO SUBGRANT AGREEMENT/ NEIGHBORHOOD
STABILIZATION PROGRAM (NSP). Approve Modification #4 to the
Neighborhood Stabilization Program (NSP) Subgrant Agreement to extend the contract
date to December 31, 2013.
K. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT
AGENCY (CM /MICROENTERPRISE PROGRAM: Approve an Interlocal
Agreement with the Community Redevelopment Agency (CRA) to establish the Delray
Beach MicroEnterprise Program and adopt the Program Guidelines for the CRA and
City Non -CDBG MicroEnterprise Loan Fund. Funding is available from 001- 1212 -559-
49.59 (General Fund: Other Current Charges /Micro Lending) and 118 - 1966- 554 -83.01
(Neighborhood Services: Other Grants and Aids).
L. REJECTION OF PROPOSALS /FIRE HEADQUARTERS PUBLIC PLAZA
ARTWORK PROJECT: Approve a recommendation to reject all proposals received
from the Fire Headquarters Public Plaza Artwork Project Call to Artists and authorize
staff to issue a new Call to Artists.
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M. RENEWAL AGREEMENT/HEALTH CAREER INSTITUTE (HCI-
Approve a renewal agreement with Health Career Institute (HCI) for the City to
provide a clinical training site for EMT and paramedic students.
N. PROPOSED AGREEMENT /GABRIEL ROEDER SMITH & COMPANY
G( RSA Approve a proposed agreement with Gabriel Roeder Smith & Company (GRS)
for actuarial consulting services regarding the Police and Fire Pension Plan.
O. REVIEW AND ACCEPTANCE OF REGULARLY SCHEDULED CITY
COMMISSION MEETING DATES: Approve alternate dates for the regularly
scheduled meetings in July.
P. PROCLAMATIONS:
Parks and Recreation Month —July 2013
Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
June 3, 2013 through June 14, 2013.
R. AWARD OF BIDS AND CONTRACTS:
Bid award to Pro Courts in the amount of $52,904 for the resurfacing of twenty
four (24) clay courts at the Swim and Tennis Club and relining eight (8) clay
courts at the Tennis Center. Funding is available from 334 - 4145 - 572 -46.90
(General Construction Fund: Repair & Maintenance Services /Other
Repair /Maintenance Costs).
2. Purchase award BoundTree Medical for six (6) recertified Zoll E Series 12 -Lead
EKG Cardiac Monitor /Defibrillators with one (1) year warranty. Funding is
available from 334 - 2311 - 522 -64.90 (General Construction Fund: Machinery/
Equipment/ Other Machinery/ Equipment).
3. Purchase award to AG- Tronix in the amount of $22,609.50 for four (4)
Computerized Irrigation Systems to be installed at Robert P. Miller Park's Little
Fenway and Sergio baseball fields, Merritt Park, and Fire Station #5. Funding is
available from 119- 4151 - 572 -64.90 (Beautification Trust Fund:
Machinery /Equipment /Other Machinery/ Equipment).
RE- OPENING THE DELRAY SWIM AND TENNIS POOL FACILITY:
Approval to re -open the pool at the Delray Swim and Tennis Pool facility. Funding is
available from 001 - 4131 - 572 -12.10 (General Fund: Regular Salaries /Wages) and 001-
4126- 572 -12.10 (General Fund: Regular Salaries /Wages). (Addendum)
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9. REGULAR AGENDA:
A. AMENDMENT NO. 1 TO THE CONTRACT FOR SERVICES /BALLARD
PARTNERS, INC.: Consider approval of Amendment No. 1 to the Contract for
Services with Ballard Partners, Inc. to extend the term of the current agreement through
June 30, 2014 for the state lobbying contract. (It was the consensus of the Commission to
have the state lobbying services contract go out for bid)
B. DISCUSSION OF REPORT AND POSSIBLE APPOINTMENT OF WEISS
SEROTA HELFMAN PASTORIZA COLE & BONISKE REGARDING
WASTE MANAGEMENT AGREEMENT (Motion to proceed with declaratory
judgment action and other causes of action with Weiss Scrota Helfman Pastoriza Cole &
Bouiske as counsel at $215.00 per hour and look at Request for Proposal (RFP) and revise the
Purchasing Policy; Approved 4 -1. Commissioner Frankel dissenting).
C. PROPOSAL FOR SETTLEMENT IN THOMAS VOLPE v. CITY OF
DELRAY BEACH: Consider a Settlement Offer in the total amount of $150,000.00
in Thomas Volpe v. City of Delray Beach. Staff recommends denial. (Motion to deny;
Approved, 5 -0)
D. PROPOSAL FOR SETTLEMENT IN ELIZABETH A. BROWN &
BARNETT BARRY BROWN v. CITY OF DELRAY BEACH: Consider a
Settlement Offer in the total amount of $215,000.00 in Elizabeth A. Brown & Barnett
Barry Brown v. City of Delray Beach. Staff recommends denial. (Motion to deny;
Approved, 5 -0)
E. APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT AGENCY:
Appoint four (4) regular members to the Community Redevelopment Agency (CRA) to
serve four (4) year terms ending July 1, 2017. Based upon the rotation system, the
appointments will be made by Commissioner Petrolia (Seat #1), Commissioner Jacquet
(Seat #2), Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4).
(Appointed Herman Stevens and approved 5 -0; Appointed Joseph Bernadel and approved 5 -0;
Appointed Nelson S. McDuffie and DENIED 3 -2. Commissioner Frankel and Commissioner
Gray dissenting).
F. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY:
Appoint one (1) regular member to the Downtown Development Authority Board to
serve a three (3) year term ending July 1, 2016. Based upon the rotation system, the
appointment will be made by Commissioner Petrolia (Seat #1). (Appointed Seabron Smith
and approved 5 -0.)
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10. PUBLIC HEARINGS:
A. ORDINANCE NO. 11 -13: Consider an amendment to Chapter 35, "Employee
Policies and Benefits ", Section, 35.105, "Administration by Retirement Committee ",
Subsection (C), "Action by Committee ", to remove the requirement that the City
Commission must approve changes to the General Employees' Pension Board
investment policy. (Commissioner Petrolia left the dais. Motion to approve; Approved, 4 -0).
11. FIRST READINGS:
A. None
12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JUNE 14, 2013
* * * ** *Meeting adjourned at 8.•06p.m. * * * * **
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