02-04-14 Agenda Results Regular MeetingCity of Delray Beach
Regular Commission Meeting
** *AGENDA RESULTS * **
Tuesday, February 4, 2014
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. None
5. PRESENTATIONS:
A. None
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. 0 (Mayor Glickstein noted Item 8.E., Service Authorization No. 12-
07 /1,,'imley -Horn and Associates, Inc., was moved to the Regular Agenda as Item 9.H.H., Staff
requested that Item 9.A., Final Subdivision Plat Approval and Waiver Request for 1001 Hibiscus Lane
Plat and Item 9.A.1., Waiver Request, be postponed; Item 9.C., Appeal of Site Plan Review and
Appearance Board (SPRAB) Actions /St. George and Item 9.D., Internal Adjustment and Waiver
Requests /St. George, that the order be reversed on the agenda. Approved as amended, 5 -0).
8. CONSENT AGENDA: City Manager Recommends Approval. Approved as amended, 5 -0
A. DEVELOPER'S AGREEMENT /MJH FERN 76, LLC.: Approve a
Developer's Agreement for in -lieu of sidewalk installation along the property located at
115 N.E. 6`'' Street with MJH Fern 76, LLC.
B. QUEST FOR SIDEWALK DEFERRAL AGREEMENT /505 N.W. 1sT
AVENUE: Approve a sidewalk deferral agreement with LF Style Homes, Inc. to
install a sidewalk along N.W. Is' Avenue for the property located at 505 N.W. Is'
Avenue.
C. HOLD HARMLESS AGREEMENT /OXFORD BUSINESS CORPORATION:
Approve a Hold Harmless Agreement with Oxford Business Corporation to allow
encroachment of a currently existing roof overhang and vents attached to the building
onto public property located at 110 East Atlantic Avenue and as previously approved by
a Certificate of Occupancy.
D. HOLD HARMLESS AGREEMENT/ MORSE OPERATIONS, INC.: Approve
a Hold Harmless Agreement with Morse Operations, Inc. to install/construct utilities in
the State right -of -way for the property located at 2238 South Federal Highway..
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E. PROCLAMATIONS:
1. Recognizing Black History Month — February 2014
2. Recognizing 2 -1 -1 Awareness Week —February 11 -17, 2014
3. Boys and Girls Club Day — April 3, 2014
F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
January 20, 2014 through January 31, 2014.
G. AWARD OF BIDS AND CONTRACTS:
1. Bid award to B & B Underground Contractors, Inc. (Bid No. 2010 -069) in the
amount of $389,085.00 for construction of North Lake Ida Water Main Project.
The recommendation for award is in accordance with Ordinance No. 29 -13,
Chapter 36 "Acquisition of Goods and Services and Disposal of City Property ",
Section 36.02 "Methods of Acquisition" (A) "Sealed Competitive Method" (1)
"Competitive Bids ". Funding is available from 442 - 5178 - 536 -68.64 (Water &
Sewer Renewal & Replacement Fund: Improvements Other /North Lake Ida
Area Water Main).
9. REGULAR AGENDA:
A.A. SERVICE AUTHORIZATION NO. 12- 07 /KIMLEY -HORN AND
ASSOCIATES, INC.: Approve Service Authorization No. 12 -07 with Kinley -Horn
and Associates, Inc. in the amount of 47,433.00 for professional services for the East
Atlantic Avenue Median Project #14 -007 and the East Atlantic Avenue Pedestrian
Improvements Project #14 -008. The recommendation for award is in compliance with
Ordinance No. 29 -13, Chapter 36 "Acquisition of Goods and Services and Disposal of
City Property ", Section 36.02, "Methods of Acquisition ", and (C), "Direct Acquisition
Method ", (3) "Professional Services ". Funding is available from 334 - 3162 - 541 -61.15
(East Atlantic Avenue Median Project) and 334 - 3162 - 541 -63.11 (East Atlantic Avenue
Pedestrian Improvements Project). (Motion to go forward without the Median Study;
Approved, 5 -0)
A. FINAL SUBDIVISION PLAT APPROVAL AND WAIVER REOUEST FOR
1001 HIBISCUS LANE PLAT: Consider approval of final plat and a waiver for a 1.68
acre residential development containing three (3) single - family lots to be platted as 1001
Hibiscus Lane Plat. (Quasi-judicial Hearing) (THE APPLICANT HAS
REQUESTED THIS ITEM BE POSTPONED UNTIL FURTHER NOTICE)
(Commissioner Jacquet left the dais. Motion for NO ACTION; Approved, 4 -0)
1. WAIVER REQUEST: Consider a waiver request to Land Development
Regulations (LDR) Section 4.3.4(x), "Development Standards Matrix ", to
reduce the required lot frontage for Lot 1 from 100 feet to 25 feet for the
property located at 1001 Hibiscus Lane. (Quasi-judicial Hearing) (THE
APPLICANT HAS REQUESTED THIS ITEM BE POSTPONED UNTIL
FURTHER NOTICE) (Motion to remove; Approved, 4 -0)
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B. TEMPORARY USE AND WAIVER REQUEST /DELRAY KIA: Consider a
Temporary Use and Waiver Request for Delray Kia to store vehicles at the Ralph Buick
site, located at 2501 South Federal Highway. (Quasi-judicial Hearing) (STAFF HAS
REQUESTED THIS ITEMBE POSTPONED UNTIL FURTHER NOTICE) (Motion
to remove; Approved, 4 -0)
C. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB)
ACTIONS /ST. GEORGE: Consider a private appeal of the Site Plan Review and
Appearance Board's action for St. George located at 1023 North Federal Highway.
(Quasi-judicial Hearing) (Commissioner Jacquet returned to the dais. Motion to deny
appeal (upholding SPRAB's decision); Approved, 5 -0)
D. INTERNAL ADJUSTMENT AND WAIVER REQUESTS /ST. GEORGE:
Consider waiver requests to Land Development Regulations (LDR) Section
4.4.9(F)(2)(a), `Building Setback ", regarding the minimum front building setback of 5
feet and maximum setback of 15 feet from the ultimate right -of -way line along North
Federal Highway and an internal adjustment to Land Development Regulations (LDR)
Section 4.3.3(0)(3)(c), `Building Separation Internal Adjustment ", which requires that
residential structures shall not be located closer than twenty -five feet (25') for a two -
story structure for St. George, located on the east side of North Federal Highway, north
of George Bush Boulevard at 1023 North Federal Highway. (Quasi Judicial Hearing)
(Motion to approve board order as presented; Approved, 5 -0)
E. WAIVER REQUESTS /290 S.E. 2ND AVENUE: Consider waivers to Land
Development Regulations (LDR) Section 4.6.9(D)(2), "Provisions for Ingress and
Egress ", regarding back -out parking spaces and Land Development Regulations (LDR)
Section 4.4.28 (H)(1) regarding the location of overhead doors for 290 S.E. 2nd Avenue.
(Quasi-judicial Hearing) (Motion to adopt board order as presented; Approved 5 -0).
F. WAIVER REQUEST /130 S.E. 7TH AVENUE: Consider a waiver to Land
Development Regulations (LDR) Section 4.6.14, "Sight Visibility ", to reduce the sight
visibility triangle from 10'x10' to 10'x4' for 130 S.E. 7d' Avenue. (Quasi-judicial
Hearing) (Motion to adopt board order as presented; Approved 5 -0).
G. WAIVER REQUEST /214 NORTH SWINTON AVENUE: Consider a waiver to
Land Development Regulations (LDR) Section 4.1.4(C), "Use of Lots of Record ", to
allow development on two (2) non - conforming lots of record that are under the same
ownership for the property located at 214 North Swinton Avenue. (Quasi-judicial
Hearing) (Motion to adopt board order as presented; Approved 5 -0)
H. FINAL SUBDIVISION PLAT APPROVAL/THE GROVE AT
IDA: Consider approval of a final plat for a seven (7) lot single family subdivision
being platted as The Grove at Lake Ida located at the intersection of Grove Way, N.W.
3rd Avenue and N.W. 12d' Street. (Quasi-judicial Hearing) (First motion to approve
party status requests; Approved, 5 -0. Second motion to extenad time to 15 minutes for the
applicants and parties; Approved, 5 -0. Third motion to approve the board order as presented;
Approved, 3 -2. Mayor Glickstein and Commissioner Petrolia dissenting)
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I. AMENDMENT NO. 1 TO THE AGREEMENT /OCEANSIDE BEACH
SERVICES. INC.: Consider approval of Amendment No. 1 to the Agreement with
Oceanside Beach Services, Inc. (RFP 2013 -48), for Beach Equipment Rental
Concession. (It was the consensus of the Commission for the City Attorney to handle
addendum)
(Motion to continue meeting to consider Item 9.0., Payments to Airgas Carbonic; Item 9.S., Bid
Award /Accurate Event Services; and Item 9.U., Discussion /Second Regular City Commission Meeting
in February 2014. Motion to include Item 9.P., Amendment No. 2 to the Agreement /Dr. John
Fletemeyer; Approved 4 -1. Commissioner Jacquet dissenting)
J. INTERLOCAL AGREEMENT /PALM BEACH COUNTY DROWNING
PREVENTION COALITION (DPC: Consider approval of an Interlocal
Agreement with Palm Beach County for payment of swimming lesson fees not to
exceed $50.00 per class for the Learn to Swim Program at Pompey Park through the
Drowning Prevention Coalition of Palm Beach County. (MOVED TO THE
FEBRUARY 11, 2014 SPECIAL MEETING)
K. SERVICE AUTHORIZATION NO. 12- 10 /MATHEWS CONSULTING,
INC. /DELRAY SHORES WATER MAIN: Consider approval of Service
Authorization No. 12 -10 with Mathews Consulting Inc. in the amount of $74,943.00 for
professional design services related to Phase II of the Delray Shores Water Main
Project. The recommendation for award is in compliance with Ordinance No. 29 -13,
Chapter 36 "Acquisition of Goods and Services and Disposal of City Property ", Section
36.02, "Methods of Acquisition ", (C) "Direct Acquisition Method ", (3) "Professional
Services ". Funding is available from 442 - 5178 - 536 -68.93 (Water & Sewer Renewal &
Replacement Fund: Improvements Other /Delray Shores Water Main). (MOVED TO
THE FEBRUARY 11, 2014 SPECIAL MEETING)
L. SERVICE AUTHORIZATION NO. 12- 11 /MATHEWS CONSULTING,
INC. /TROPIC PALM WATER MAIN PROJECT: Consider approval of Service
Authorization No. 12 -11 with Mathews Consulting Inc. in the amount of $72,746.00 for
professional design services related to the Tropic Palms Water Main Project. The
recommendation for award is in compliance with Ordinance No. 29 -13, Chapter 36
"Acquisition of Goods and Services and Disposal of City Property ", Section 36.02,
"Methods of Acquisition ", (C) "Direct Acquisition Method ", (3) "Professional
Services ". Funding is available from 442 - 5178 - 536 -68.97 (Water & Sewer Renewal and
Replacement Fund: Improvements Other /Tropic Palms Water Main Phase I).
(MOVED TO THE FEBRUARY 11, 2014 SPECIAL MEETING)
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M. SERVICE AUTHORIZATION NO. 12 -03 /CALVIN, GIORDANO AND
ASSOCIATES, INC.: Consider approval of Service Authorization No. 12 -03 with
Calvin, Giordano and Associates, Inc., in the amount of $160,456.19 for professional
design services related to the N.E. Yd Street Streetscape Project. The recommendation
for award is in compliance with Ordinance No. 29 -13, Chapter 36 "Acquisition of
Goods and Services and Disposal of City Property ", Section 36.02, "Methods of
Acquisition ", (C) "Direct Acquisition Method ", (3) "Professional Services ". Funding is
available from 334 - 3162 - 541.68 -72 (General Construction Fund: Other
Improvement /N.E. 3rd Streetscape). (MOVED TO THE FEBRUARY 11, 2014
SPECIAL MEETING)
N. SERVICE AUTHORIZATION NO. 12- 04 /WANTMAN GROUP, INC.:
Consider approval of Service Authorization No. 12 -04 with Wantman Group, Inc. in
the amount of $88,582.00 for professional design services related to the Block 8 Alley
(Project #14 -002), SW 10th /9th Avenue Improvements (Project #14 -023), and SW 2nd
Terrace (Project #14 -024). The recommendation for award is in compliance with
Ordinance No. 29 -13, Chapter 36 "Acquisition of Goods and Services and Disposal of
City Property ", Section 36.02, "Methods of Acquisition ", (C) "Direct Acquisition
Method ", (3) "Professional Services ". Funding is available from multiple accounts.
(MOVED TO THE FEBRUARY 11, 2014 SPECIAL MEETING)
O. PAYMENTS TO AIRGAS CARBONIC: Consider approval of payments to Airgas
Carbonic in the aggregate amount of S66,000.00 for purchases and deliveries of CO2
for the Water Treatment Plant (WTP). The recommendation is in compliance with
Ordinance No. 29 -13, Chapter 36 "Acquisition of Goods and Services and Disposal of
City Property ", Section 36.02 (C) "Direct Acquisition Method ", (5) "Emergency
Acquisitions ". Funding is available from 441 - 5122 - 536 -52.21 (Water and Sewer Fund:
Operating Supplies /Chemicals). (Motion to approve; Approved, 4 -1; Commissioner Petrolia
dissenting)
P. AMENDMENT NO. 2 TO THE AGREEMENT /DR. JOHN FLETEMEYER:
Consider approval of Amendment No. 2 to the Agreement in the amount of $61,725.00
with Dr. John Fletemeyer to perform special sea turtle monitoring during the Army
Corps of Engineers beach re- nourishment project ( #2012 -070). Funding is available
from 332 - 4164 - 572 -99.01 (Beach Restoration Fund: Other Non - Operating /Project
Reserve). (Motion to approve; Approved, 4 -1; Commissioner Jacquet dissenting)
Q. BID AWARD / LAWN WIZARD USA, INC.: Consider approval of a bid award to
Lawn Wizard USA, Inc. (Bid #2014 -13) in the amount of $31,829.80, the tbird lowest
bidder, to provide lawn maintenance to eighteen (18) storm water retention areas and the
improved water retention areas. This award is in compliance with Ordinance No. 29 -13,
Section 36.02, "Methods of Acquisition ", Subsection (A) (1), "Sealed Competitive
Method" Funding is available from 448 - 5416 - 538.34 -90 (Stormwater Utility Fund:
Other Contractual Services). (MOVED TO THE FEBRUARY 11, 2014 SPECIAL
MEETING)
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R. FY 2014 PERFORMANCE MEASURES FOR THE TENNIS FACILITIES,
LAKEVIEW GOLF COURSE AND THE MUNICIPAL GOLF COURSE:
Consider approval of proposed performance measures for FY14 for the Municipal Golf
Course, Lakeview Golf Course and the Tennis Facilities. (MOVED TO THE
FEBRUARY 11, 2014 SPECIAL MEETING)
(Motion to hear Item 9.V., Review an Offer of Settlement in Robert DeSisto v City of Delray Beach;
Approved, 5 -0)
S. BID AWARD /ACCURATE EVENT SERVICES: Consider approval of a bid
award to Accurate Event Group (RFQ #2020), the second lowest bidder, in the amount not
to exceed $30,319.50 for private security services from February 10, 2014 through
February 24, 2014 for the Champions /World Tour Tennis Tournament and authorize
staff to negotiate a lower price. The bid award is in compliance with Ordinance No. 29-
13, Section 36.02(C)(4), "Specialty Goods and Services ". Funding is available from 001-
4210- 575 -55.40 (General Fund: Recreational Supplies /Tennis Tournament). (Motion to
approve; Approved, 5 -0)
T. CHANGE ORDER NO. 1 /MANCIL'S TRACTOR SERVICES, INC.: Consider
approval of Change Order No. 1 (C.O. No. 1) to Mancil's Tractor Services, Inc. for a
contract time extension of sixteen (16) days; and approval, in the amount of $13,691.34,
for additional concrete sidewalk removal and replacement, and additional driveway
aprons for the S.W. 2nd Street Beautification Project ( #2010 -039). This change order is
in compliance with Ordinance No. 29 -13, Chapter 36, "Acquisition of Goods and
Services and Disposal of City Property ", Section 36.06, "Change Orders ", (A) (1) & (3).
Funding is available from the contract's Unforeseen Conditions Allowance, which has a
balance of $29,923.10). (MOVED TO THE FEBRUARY 11, 2014 SPECIAL
MEETING)
U. DISCUSSION /SECOND REGULAR CITY COMMISSION MEETING IN
FEBRUARY 2014: Discussion regarding the rescheduling of the February 18, 2014
Regular Commission Meeting. (Motion to move the City Commission Meeting to Monday,
February 24, 2014; Approved, 5 -0)
V. REVIEW AN OFFER OF SETTLEMENT IN ROBERT DeSISTO v. CITY OF
DELRAY BEACH: Consider a Review in an Offer of Settlement in the total amount
of $150,000.00 in Robert DeSisto v. City of Delray Beach. Staff recommends denial.
(Motion to deny; Approved, 5 -0)
W. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) regular member to serve a three (3) year term ending January 14, 2017 to the Code
Enforcement Board. Based upon the rotation system, the appointment will be made by
Commissioner Frankel (Seat #3). (MOVED TO THE FEBRUARY 11, 2014 SPECIAL
MEETING)
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X. APPOINTMENT TO PUBLIC ART ADVISORY BOARD: Appoint one (1)
regular member to the Public Art Advisory Board to serve an unexpired term ending
July 31, 2015. Based upon the rotation system, the appointment will be made by
Commissioner Gray (Seat #4). (MOVED TO THE FEBRUARY 11, 2014 SPECIAL
MEETING)
10. PUBLIC HEARINGS:
A. RESOLUTION NO. 07 -14 /CONTRACT FOR SALE AND PURCHASE: 808
S.W. 3RD COURT: Consider approval of Resolution No. 07 -14, a contract for sale and
purchase, to donate Neighborhood Stabilization Property (NSP) property located at 808
SW 3rd Court to the Delray Beach Community Land Trust, Inc., (DBCLT) for the
benefit and rental to a household at or below 50% Area Median Income (AMI) as
determined by HUD. (Motion to approve; Approved, 5 -0)
11. FIRST READINGS:
A. ORDINANCE NO. 05 -14: Consider an amendment to Chapter 36, "Acquisition of
Goods and Services and Disposal of City Property ", of the Code of Ordinances, by
amending Section 36.04, "Protest Procedures ", to provide for time requirements for the
City's response to bid protests. If passed, a public hearing will be held on February 18,
2014 tentatively. (MOVED TO THE FEBRUARY 11, 2014 SPECIAL MEETING)
12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JANUARY 31, 2014
"" "Meeting adjourned at 12.•26 a.m. * * * * **
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