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03-18-14 Agenda Results Regular MeetingCity of Delray Beach Regular Commission Meeting ***AGENDA RESULTS *** Tuesday, March 18, 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.mvdelraybeach.com 1. ROLL CALL. (Mayor Glickstein and Commissioner Petrolia were absent) 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. (Vice -Mayor Jacquet noted Item 8.G., Over - Naming of S.E. 2nd Avenue to Toussaint L'Ouverture Way, was added to the Consent Agenda as an addendum; Item 9.C., Rescind the Bid Award: Micro Enterprise Technical Assistance Consulting and Item 9.C.L, Request for Qualifications: Micro Enterprise Technical Assistance Consulting, were postponed to April 1, 2014 Regular Meeting; Item 9.E., Auburn Trace Ltd., Urban Development Action Grant (UDAG) Loan Assignment and Assumption Proposal, was added to the Regular Agenda as an addendum; Item 10.A., Ordinance No. 07 -14 (First Reading /First Public Hearing), the applicant requested this item be postponed to April 1, 2014 Regular Meeting. Approved as amended, 3 -0). 8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 3 -0) A. AMENDMENT NO. 1 TO AGREEMENT FOR GENERAL CONSULTING SERVICES: Approve Amendment No. 1 to Agreement for General Consulting Services with Currie Sowards Aguila Architects, David Miller and Associates and Walter Zackria and Associates (RFQ #2012 -15) to extend services for one (1) year. This recommendation is in compliance with Ordinance No. 29 -13, Section 36.02(C)(3), "Professional Services" and Section 36.07(A)(2), "Termination, Extension and Renewal ". B. REIMBURSEMENT /UNIQUE TRANSPORTATION & TOURS, LLC: Approve reimbursement to Unique Transportation & Tours, L.L.C. in the amount of $4,210.82 for additional insurance premiums required for Trolley 9004 for the operation of the Downtown Roundabout trolleys (Bid No. 2013 -22). 03/18/2014 -2- C. AMENDMENT NO. 1 TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB - RECIPIENT FUNDING AGREEMENT /FAIR HOUSING CENTER OF THE GREATER PALM BEACHES: Approve Amendment No. 1 to the Community Development Block Grant (CDBG) Sub - Recipient Funding Agreement with the Fair Housing Center of the Greater Palm Beaches under FY 2013 -2014 to reduce the number of seminars provided. D. PROCLAMATIONS: 1. Earth Day 2014 — April 22, 2014 E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 31 2014 through March 14, 2014. F. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Matchpoint, Inc. the lowest responsive bidder, in the amount of 1,893,187.00 for Phase II of the Meter Replacement and Advanced Metering Infrastructure (AMI) project (P /N 2012 -013). The recommendation is in compliance with Ordinance No. 29 -13, Section 36.02, "Methods of Acquisition" (A) (1) "Sealed Competitive Method ". Funding is available from 442- 5178 -536- 64.46 (Machinery and Equipment). 2. Bid award to Cigna Healthcare (RFP No. 2014 -15) in an amount not to exceed $878,283.00 for Group Medical Benefit Plans, with a 36 -month rate guarantee. The recommendation is in compliance with Ordinance No. 29 -13, Section 36.03(A), "Acquisitions from vendors exceeding $25,000 in any Fiscal Year ". Funding is available from 551 -1576- 591 -45.20 (Insurance Fund: Insurance/ Claims Handling Costs), 551 - 1576 - 594 -45.35 (Aggregate Stop Loss Premiums) and 551 - 1576 - 591 -45.36 (Individual Stop Loss Premiums). 3. Bid award to Humana for Dental and Vision, Minnesota Life for Life Insurance, AD &D and Supplemental Life Benefits, Cigna for Long Term Disability regarding the Group Ancillary Benefit Plans for RFP No. 2014 -16. The recommendation is in compliance with Ordinance No. 29 -13, Section 36.03(A), "Acquisitions from vendors exceeding $25,000 in any Fiscal Year ". Funding is available from 551 -1576- 591 -45.43 (Dental Premiums); 551 -1576- 594 -45.49 (Vision Premiums); 551 - 1576 - 591 -45.44 (Long Term Disability Premiums); 551- 1576- 591 -45.40 (Life and AD &D Premiums) and 551 - 1576 - 591 -45.37 (Supplemental Life Premiums). 4. Purchase award to Rechtien International, West Palm Beach, Florida in an amount not to exceed $40,000.00 for parts and outside services. The recommendation is in compliance with Ordinance No. 29 -13, Chapter 36, Section 36.02 (C) (6) (a), "Sole Source and City Standard ". Funding is available from 501 - 3311 - 591 -52.52 (Garage Fund: Operating Supplies /City Garage — Outside Service). 03/18/2014 -3- G. Purchase Award to Home Depot from multiple categories in multiple small dollar amounts expected to exceed $25,000. Funding is available from multiple departmental FY 2014 budgets. H. OVER - NAMING OF S.E. 2ND AVENUE TO TOUSSAINT L'OUVERTURE WAY: Consider approval of the over - naming of S.E. 2nd Avenue to Toussaint L'Ouverture Way. (ADDENDUM) 9. REGULAR AGENDA: A. CONDITIONAL USE EXTENSION REOUEST /SWINTON SOCIAL: Consider a conditional use extension request to allow outdoor dining at night within the Old School Square Historic Arts District for Swinton Social located at 27 -43 South Swinton Avenue. (Quasi-judicial Hearing) (Motion to adopt Board Order as presented; Approved 3 -0) B. CHANGE ORDER NO. I/ACCURATE EVENT GROUP: Consider approval of Change Order No. 1 (C.O. No. 1) in the amount of $3,061.88 to Accurate Event Group for additional security hours that were needed for the Delray Beach Open by the Venetian Las Vegas Tennis Tournament. This change order is requested per the City of Delray Beach Purchasing Ordinance Section 36.06(A)(1), "Competency In Bidding ". Funding is available from 001 - 4210 - 575 -55.40 (General Fund /Recreational Supplies /Tennis Tournament). (Motion to approve; Approved, 3 -0) C. RESCIND THE BID AWARD: MICRO ENTERPRISE TECHNICAL ASSISTANCE CONSULTING: Consider approval to rescind the bid award to International Enterprise Development, Inc. (I.E.D.) which was approved on December 10, 2013 for Micro Enterprise Technical Assistance Consulting (RFQ #11- 2013NS) based on the findings of the Bid Protest Committee. This is in compliance with Ordinance No. 29 -13, Section 36.04(D), "Protest Committee" and Section 36.07(A)(1), "Termination ". (POSTPONED) REQUEST FOR QUALIFICATIONS: MICRO ENTERPRISE TECHNICAL ASSISTANCE CONSULTING: Consider approval to authorize staff to issue a revised Request for Qualifications for the Micro Enterprise Technical Assistance Consulting Neighborhood Stabilization Program expanding the scope of service to include additional technical assistance with the management of the program. (POSTPONED) D. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority to serve a four year term ending March 6, 2018. Based upon the rotation system, the recommendation for appointment will be made by Commissioner Frankel (Seat #3). (Appointed Kevin Warner and approved 3 -0) 03/18/2014 -4- E. AUBURN TRACE LTD. URBAN DEVELOPMENT ACTION GRANT (UDAG) LOAN ASSIGNMENT AND ASSUMPTION PROPOSAL (ADDENDUM: Consider approval of a request from Auburn Trace, Ltd. to propose an Assignment and Assumption Agreement of the City's Urban Development Action Grant Loan to an affiliate of Auburn Trace, Ltd. (Auburn). (Motion to approve subject to the following conditions being met: payment in the amount of $1.5 million dollars must be received by December 15, 2014 with the balance becoming a soft interest loan; review by the Interim City Attorney of the Memorandum of Understanding, a minimum of 30% local and 25% minority of the hired contractors for the project is required; Approved, 3 -0) 10. PUBLIC HEARINGS: A. ORDINANCE NO. 07 -14 (FIRST READING/ FIRST PUBLIC HEARING- Consider a privately- initiated amendment to the Future Land Use Element of the Comprehensive Plan, modifying the description of the GC (General Commercial) Future Land Use designation, and Policy A -7.2 of the Future Land Use Element, to allow an increase in density to a maximum of 24 units per acre, and establish a maximum Floor Area Ratio (FAR) of 0.75 for lands zoned GC (General Commercial) which are located within the Infill Workforce Housing Overlay District. If passed, a public hearing will occur upon review by the State. (THE APPLICANT REQUESTED THIS ITEM BE POSTPONED) B. ORDINANCE NO. 04 -14: Consider a privately- initiated Rezoning from RO (Residential Office) District to RM (Medium Density Residential) District for a parcel of land located on the south side of S.W. 1st Street, between SW 1st Avenue and SW 2nd Avenue within the Coda Development. (Quasi-judicial Hearing) (Motion to defer to the April 1, 2014 Regular Meeting; Approved, 3 -0) C. ORDINANCE NO. 06 -14: Consider a privately- initiated amendment to the Land Development Regulations by amending Article 4.7, "Family /Workforce Housing ", Section 4.7.1 "Definitions ", Subsection (p) "Southwest Neighborhood Overlay District" to expand the area as shown on the map by repealing the existing map and replacing it with a new one; and by amending Section 4.5.9 "The Southwest Neighborhood Overlay District" to correct a scrivener's error. (Quasi-judicial Hearing) (Motion to defer to the April 1, 2014 Regular Meeting; Approved, 3 -0) D. RESOLUTION NO. 10 -14 /CONTRACT FOR SALE AND PURCHASE /100 WEST ATLANTIC AVENUE: Consider approval of Resolution No. 10 -14, a contract for sale and purchase, authorizing the City to transfer property located at 100 West Atlantic Avenue to Palm Beach County for the amount of $10.00. (Motion to approve; Approved, 3 -0) 11. FIRST READINGS: A. None. 03/18/2014 -5- 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: MARCH 14, 2014 "" "Meeting adjourned at 8.•46p.m. * * * * ** 03/18/2014 -6-