01-21-14 Agenda Results Regular Meeting City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, Tanuary 21,2014
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.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. January 7, 2014—Regular Meeting (Approved, 5-0)
5. PRESENTATIONS:
A. RESOLUTION NO. 05-14: Approve Resolution No. 05-14 recognizing and
commending Patricia A. Rashkind 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.E., Service Authorization No. 12-
10/Mathews Consulting Inc., Delray Shores Water Main; Item 8.F., Service Authorization No. 12-
11/Mathews Consulting Inc./Tropic Palm Water Main Project; Item 8.G., Service Authorization No.
12-03/Calvin Giordano and Associates, Inc.; Item 8.H., Service Authorization No. 12-04/Wantman
Group, Inc.; Item 8.J., Revisions to the Commission Rules of Procedure; Item 8.K., FY 2014
Performance Measures for the Tennis Facilities, Lakeview Golf Course and the Municipal Golf Course;
Item 8.L., Interlocal Agreement/Palm Beach County Drowning Prevention Coalition (DPC);Item 8.N.,
Payments to Airgas Carbonic; and Item 8.0., Payments to Sentry Industries, were moved to the
February 4, 2014 Regular Agenda Meeting; Item 8.T.3., Purchase Award/Otto Environmental Systems,
was moved to the Regular Agenda as Item 9.D.Approved as amended,5-0).
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended,5-0)
A. HOLD HARMLESS AGREEMENT/SHIELD INVESTMENT GROUP, INC.:
Approve a Hold Harmless Agreement with Shield Investment Group, Inc. to
install/construct utilities in the State right-of-way for the property located at 440 S.E. 5`h
Avenue.
B. LIMITED ACCESS EASEMENT AGREEMENT/N.E. 9TH STREET: Approve
a Limited Access Easement Agreement with Marc and Deborah Matarazzo to allow the
front setback to be determined from N.E. 9th Street for the property located at N.E.
9th Street.
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C. LIMITED ACCESS EASEMENT AGREEMENT/899 N.E. 2ND AVENUE:
Approve a Limited Access Easement Agreement with N.E. 91h Street, LLC. to allow the
front setback to be determined from N.E. 9th Street for the property located at 899
N.E. 2nd Avenue.
D. ACCEPTANCE OF A WATER EASEMENT DEED/TROPIC HARBOR
CONDOMINIUM: Approve and accept an exclusive water easement deed for a
water main at Tropic Harbor Condominium located at 800 Tropic Isle Drive.
E. SERVICE AUTHORIZATION NO. 12-10/MATHEWS CONSULTING,
INC./DELRAY SHORES WATER MAIN: Approve 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 4,2014 COMMISSION MEETING)
F. SERVICE AUTHORIZATION NO. 12-11/MATHEWS CONSULTING,
INC./TROPIC PALM WATER MAIN PROJECT: Approve 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 4,2014 COMMISSION MEETING)
G. SERVICE AUTHORIZATION NO. 12-03/CALVIN, GIORDANO AND
ASSOCIATES, INC.: Approve 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. 3rd 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. 3
Streetscape). (MOVED TO THE FEBRUARY 4, 2014 COMMISSION MEETING)
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H. SERVICE AUTHORIZATION NO. 12-04/WANTMAN GROUP, INC.:
Approve 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 4,2014 COMMISSION MEETING)
I. AMENDMENT NO. 1 TO THE TROLLEY OPERATIONS
AGREEMENT/UNIQUE TRANSPORTATION, INC.: Approve Amendment
No. 1 to the Trolley Operations Agreement with Unique Transportation, Inc., to
modify the scope of services to include exterior cleaning of the trolleys and to change
provisions pertaining to the Inspector General and Public Records to comply with the
provisions of the Palm Beach County Inspector General's Office.
J. REVISIONS TO THE COMMISSION RULES OF PROCEDURE: Approve
proposed changes to the Commission Rules of Procedure regarding the voting
requirements as set forth in Section 3.12, "Procedure", of the City's Charter; Section
32.09, "Expiration of Terms; Commencement of Terms", and Section 39.10,
"Vacancies"; and rules to maintain civility during the Commission meetings. (MOVED
TO THE FEBRUARY 4,2014 COMMISSION MEETING)
K. FY 2014 PERFORMANCE MEASURES FOR THE TENNIS FACILITIES,
LAKEVIEW GOLF COURSE AND THE MUNICIPAL GOLF COURSE:
Approve performance measures proposed for FY14 for the Municipal Golf Course,
Lakeview Golf Course and the Tennis Facilities. (MOVED TO THE FEBRUARY 4,
2014 COMMISSION MEETING)
L. INTERLOCAL AGREEMENT/PALM BEACH COUNTY DROWNING
PREVENTION COALITION (DPQ Approve 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 4, 2014
COMMISSION MEETING)
M. MEMORANDUM OF LEASE AGREEMENT/OXFORD BUSINESS
CORPORATION: Approve a restated Memorandum of Lease Agreement between
the City of Delray Beach and Oxford Business Corporation for the Federspiel Parking
Garage/Block 77 Parking Space Lease Agreement.
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N. PAYMENTS TO AIRGAS CARBONIC: Approve payments to Airgas Carbonic in
the aggregate amount of$36,000.00 for the purchase and delivery 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). (MOVED TO THE FEBRUARY 4, 2014 COMMISSION
MEETING)
O. PAYMENTS TO SENTRY INDUSTRIES: Approve payments in the aggregate
amount of $102,000.00 to Sentry Industries for the purchase and delivery of sodium
hypochlorite 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). (MOVED TO THE FEBRUARY 4, 2014
COMMISSION MEETING)
P. RESOLUTION NO. 08-14: Approve Resolution No. 08-14 and provide
authorization to endorse the Mayors' Climate Action Pledge which affirms support for
the Southeast Florida Regional Climate Change Compact, agreeing to consider
implementing the Regional Climate Action Plan in whole or in part as appropriate, and
urges all Mayors of Palm Beach County to support the Mayors' Climate Action Pledge.
Q. LETTER OF INTENT/PARTNERSHIP TO ADVANCE SCHOOL SUCCESS
(PASS): Approve a Letter of Intent with the Council for Educational Change to
participate in a matching grant opportunity for Carver Middle School to create a
Partnership to Advance School Success (PASS).
R. PROCLAMATIONS:
1. None
S. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
January 6, 2014 through January 17, 2014.
T. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Man-Con, Inc. (Bid #2014-14), in the amount of$1,456,545.00 for
construction of the Area 12A-Phase 2 Reclaimed Water System 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", (A) "Sealed Competitive Method". Funding is
available from 441-5161-536-68.73 (Water and Sewer Fund: Improvements
Other/Reclaim Water, Area 12A), 448-5461-538-68.67 (Storm Water Utility
Fund: Other Improvement/Bay Street Pump Station Improvement), 442-5178-
536-63.50 (Water & Sewer Renewal & Replacement Fund: Improvements
Other/Water Mains) and 442-5178-536-63.51 (Water & Sewer Renewal &
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Replacement Fund: Improvements Other/Sewer Mains).
2. Purchase award to Odyssey Manufacturing Company in the amount of
$210,600.00 for the purchase and delivery of Sodium Hypochlorite for the
Water Treatment Plant (WTP). 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 (C) "Direct Acquisition Method",
(7)(c) "Utilization of Other Governmental Entities' Contracts". Funding is
available from 441-5122-536-52.21 (Water and Sewer Fund: Operating
Supplies/Chemicals).
3. (MOVED TO ITEM 9.D. ON THE REGULAR AGENDA).
4. Purchase award to CDW-Government in the amount of$271,149.20 per Florida
State Contract 250-0000-09-1 for replacement of the Office Management
System (OMS) servers and disk storage space for the City's SAN (Storage Area
Network) units. This recommendation for award is in compliance with
Ordinance No. 29-13, Chapter 36.02(C) "Direct Acquisition Method", (8)
"Cooperative Acquisitions". Funding is available from 334-6112-519-64-11
(General Construction Fund: Machinery/Equipment/Computer Equipment).
5. Purchase award to NDM Technologies in the amount of$37,158.08 to replace
the core switches with new switches that will support the increased capacity of
the fiber optic cabling. The recommendation for award is in compliance with
Ordinance No. 29-13, Chapter 36.02(C) "Direct Acquisition Method", (11)
"Best Interest Acquisitions". Funding is available from 334-6111-519-
62.45(General Construction Fund: Capital Outlay/Data Cabling).
6. Purchase award to CDW-Government in the amount of $78,992.44 for
replacement of the current network backup system to a rapid recovery system.
The recommendation for award is in compliance with Ordinance No. 29-13,
Chapter 36.02(C) "Direct Acquisition Method", (11) "Best Interest
Acquisitions". Funding is available from 334-6111-519-64.11 (General
Construction Fund: Machinery Equipment/ Computer Equipment).
9. REGULAR AGENDA:
A. REQUEST FOR SIDEWALK DEFERRAL AGREEMENT/331 N.E. 8TH
AVENUE: Consider a sidewalk deferral agreement with Mitzi Katz to install a
sidewalk along N.E. 8ffi Avenue for the property located at 331 N.E. 8ffi Avenue. (Motion
to approve;Approved, 5-0)
B. APPEALS OF SITE PLAN REVIEW AND APPEARANCE BOARD'S
(SPRAB) ACTIONS/ATLANTIC CROSSING: Consider privately-initiated appeals
of the Site Plan Review and Appearance Board (SPRAB) actions on the Class V site for
Adantic Crossing, located on the north side of East Atlantic Avenue, between N.E. 6`h
Avenue and Veterans Park. (Quasi-judicial Hearings) (Motion to deny the privately-
initiated appeals based on the board order;Approved, 3-2. Mayor Glickstein and Commissioner
Petrolia dissenting)
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C. DISCUSSION REGARDING NAMING OF STREET REQUEST: Consider a
request from Commissioner Al Jacquet regarding the renaming or adding to the name
of a street. (It was the consensus of the Commission for staff to draft a policy regarding dual
street naming and to follow the process and present it to the Planning and Zoning Board)
D. Purchase award to Otto Environmental Systems in the amount of $60,000.00 for the
purchase of hot-stamped, garbage carts, lids and wheels to be ordered "as-needed". 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(C)
"Direct Acquisition Method", (6) "Sole Source and City Standard", (b) "City Standard".
Funding is available from 433-3711-534-49.35 (Sanitation Fund: Other Current
Charges/Cart Renewal & Replacement). (Motion to approve; Approved, 4-1.
Commissioner Petrolia dissenting)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 01-14: Consider a small-scale Future Land Use Map (FLUM)
Amendment for two parcels of land, as more particularly described herein, from OS
(Open Space) to LD (Low Density Residential 0-5 DU/AC), and from LD (Low
Density Residential 0-5 DU/AC) to OS (Open Space), respectively, for the Seagate
Country Club Villas, located on the north side of Greensward Lane, East of Hamlet
Drive,within the Seagate Country Club. (STAFF HAS REQUESTED THAT THIS
ITEM BE POSTPONED UNTIL FURTHER NOTICE BECAUSE IT HAS
NOT GONE BEFORE THE PLANNING & ZONING BOARD FOR
CONSIDERATION)(POSTPONED)
11. FIRST READINGS:
A. None
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JANUARY 17, 2014
******Meeting adjourned at 12.•50 a.m.
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