03-04-14 Agenda Results Regular MeetingCity of Delray Beach
Regular Commission Meeting
** *AGENDA RESULTS * **
Tuesday, March 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
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. January 14, 2014 — Workshop Meeting (Approved, 5 -0)
B. January 27, 2014 — Special Meeting (Approved, 5 -0)
5. PRESENTATIONS:
A. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork)
Committee Quarterly Awards Presentation)
B. RESOLUTION NO. 06 -14: Approve Resolution No. 06 -14 recognizing and
commending Maria Marino -Bollan for 30 years of dedicated service to the City of Delray
Beach. (Approved, 5 -0)
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 Glickstein noted Item 8.C.1., Consent to Assignment /Horizon
Coach Lines to Academy Bus, LLC., was moved to the Regular Agenda as Item 9.A.A. Approved as
amended, 5 -0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5 -0).
A. ACCEPTANCE OF RIGHT -OF -WAY DEED /S & H EXXON: Approve and
accept a right -of -way deed for a two foot (2') dedication of alley right -of -way associated
with S & H Exxon located at 206 N.E. 4`'' Street.
B. ACCEPTANCE OF RIGHT OF WAY DEED /S & H EXXON: Approve and
accept a right -of -way deed for a twenty foot (20') corner clip at the southeast corner at
the intersection of N.E. 2nd Avenue (Pineapple Grove Way) and N.E. 4`'' Street (Lake
Ida Road) for S & H Exxon located at 206 N.E. 4d' Street.
C. AMENDMENT NO. 1 TO THE AGREEMENT /MIDNIGHT SUN TOURS
D /B /A HORIZON COACH LINES: Approve Amendment No. 1 to the
Agreement with Midnight Sun Tours d /b /a Horizon Coach Lines (Bid No. 2013 -04) to
correct a scrivener's error where "Evergreen Trails, Inc." was not listed as the name of
the Contractor in the Standard Form of Agreement.
1. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA)
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D. THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT /PALM
BEACH WORKFORCE DEVELOPMENT CONSORTIUM: Approve a Third
Amendment to the Interlocal Agreement with Palm Beach Workforce Development
Consortium which provides that the Consortium will add the City of West Palm Beach
as a Consortium member and make clear that the Chief Elected Official (CEO) is the
Board of County Commissioners of Palm Beach County and is the fiscal agent, grant
recipient and administrative entity to administer the programs and funds in Region 21.
E. APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN
ELECTION: Approve the poll workers for the First Nonpartisan and Special
Election (Referendum) to be held on March 11, 2014.
F. PROCLAMATIONS:
1. Sigma Gamma Rho Sorority Youth Day— March 8, 2014
2. All People's Day — March 22, 2014
G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
February 24, 2014 through February 28, 2014.
H. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Ten -8 Fire Equipment Inc., in an amount not to exceed
$50,000.00 for Pierce Fire Truck parts and services. The purchase award is in
compliance with Ordinance No. 29 -13, Chapter 36, Section 36.03 (B), "Multiple
Acquisitions from a Vendor Exceeding $25,000.00 in any Fiscal Year ". Funding
is available from 501 - 3311 - 591 -52.50 (Garage Fund: Operating
Supplies /External Parts) and 501 - 3311 - 591 -52.52 (Garage Fund: Operating
Supplies /City Garage — Outside Service).
9. REGULAR AGENDA:
A. CONSENT TO ASSIGNMENT /HORIZON COACH LINES TO ACADEMY
BUS, LLC.: Approve Consent to Assignment between the City of Delray Beach and
Horizon Coach Lines to Academy Bus, LLC. (Bid No. 2013 -04), which provides bus
rental and driver service for the Parks and Recreation Department for the Youth
Football Program, Summer Day Camp, Holiday Day Camp, Special Events, Sports &
Dance Competition and Overnight /Weekend Trips. (Motion to adopt Board Order as
presented; Approved 5 -0)
B. WAIVER REQUEST/ S & H EXXON: Consider approval of a request for waiver
to Land Development Regulations (LDR) Section 4.6.18 (B) (14) (iv) (2), "Windows and
Doors ", to allow a minimum transparency or glass surface area on the ground floor
along N.E. 4th street of 53.4% whereas 75% is required for S & H Exxon located at 206
N.E. 4th Street. (Quasi-judicial Hearing) (Motion to adopt Board Order as presented;
Approved 5 -0)
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C. MODIFICATIONS TO THE VALET PARKING LICENSE AGREEMENTS:
Consider approval of the recommended modifications to the Valet Parking License
Agreements. (Motion to renew valet parking license agreements (Item 9.13.1- 9.13.6) through
September 30, 2014; Approved, 5 -0)
1. RENEWAL OF VALET PARKING LICENSE
AGREEMENT /TAVERNA OPA ATLANTIC, LLC., d /b /a TAVERNA
OPA: Consider approval of a valet parking license agreement with Taverna
Opa Atlantic LLC., d /b /a Taverna Opa located at 270 East Atlantic Avenue.
2. RENEWAL OF VALET PARKING LICENSE
AGREEMENT /AVENUE BAR & GRILL d /b /a 32 EAST: Consider
approval of a valet parking license agreement for Avenue Bar & Grill d /b /a 32
East located at 32 East Atlantic Avenue.
3. RENEWAL OF VALET PARKING LICENSE AGREEMENT /MAX'S
HARVEST: Consider approval of a valet parking license agreement for Max's
Harvest located at 169 N.E. 2nd Avenue.
4. RENEWAL OF VALET PARKING LICENSE AGREEMENT /LSMS,
INC. d /b /a TRAMONTPS: Consider approval of a valet parking license
agreement for LSMS Inc. d /b /a Tramonti's located at 111 East Atlantic
Avenue.
5. RENEWAL OF VALET PARKING LICENSE AGREEMENT /CUT
432 RESTAURANT: Consider approval of a valet parking license agreement
for Cut 432 Restaurant located at 432 East Atlantic Avenue.
6. RENEWAL OF VALET PARKING LICENSE AGREEMENT /CAFFE
LUNA ROSA: Consider approval of a valet parking license agreement for
Caffe Luna Rosa located at 24 South Ocean Boulevard.
D. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) alternate member to serve an unexpired term ending January 16, 2016 to the Code
Enforcement Board. Based upon the rotation system, the appointment will be made by
Commissioner Gray (Seat #4). (Appointed Stanley Brodka and approved 5 -0)
10. PUBLIC HEARINGS:
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; and amending Section 36.07, "Termination,
Extension, and Renewal ", to clarify which contracts may be terminated by the City
Manager. (Motion to approve Ordinance No. 05 -14 with proposed changes; Approved, 5 -0)
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B. ORDINANCE NO. 03 -14 Consider a privately- initiated small-scale Future Land Use
Map (FLUM) amendment from TRN (Transitional) to MD (Medium Density
Residential 5 -12 du /ac) and an associated amendment to the FLUM to identify that the
property is included within the Southwest Neighborhood Overlay District, a parcel of
land located on the south side of S.W. 1" Street, between S.W. 1" Avenue and S.W. 2nd
Avenue within the Coda Development. (Quasi-judicial Hearing) ((Motion to approve;
Approved, 4 -1. Commissioner Jacquet dissenting)
11. FIRST READINGS:
A. None
12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: FEBRUARY 28, 2014
* * * ** *Meeting adjourned at 8.•16p.m. * * * * **
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