05-06-14 Agenda Results Regular Meeting City of Delray Beach
Regular Commission Meeting
******AGENDA RESULTS****
Tuesday, May 6,2014
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. (Commissioner Frankel was absent)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. February 28, 2014—Special Meeting (Approved,4-0)
B. March 18, 2014—Regular Meeting (Approved,4-0)
5. PRESENTATIONS:
A. Recognizing and commending the Atlantic Community High School Robotics Team
B. Recognizing and commending the Carver Middle School Robotics Team
C. "Plastic-Not So Fantastic" - Unity School of Delray Beach
D. 2014 Delray Affair Wrap-Up - Karen Granger,President and CEO Chamber of Commerce
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.H., Ratification of Collective Bargaining
Agreement/Service Employees International Union (SEIU),was moved to the Regular Agenda as Item
9.A.A.A., Item 8.J., Grant Award/Department of Homeland Security: Staffing for Adequate Fire and
Emergency Response (SAFER) was moved to the Regular Agenda as Item 9.A.A.A.A.; Item 9.AA.,
Discussion of Traffic Signal at Venetian Drive and Gleason Street,was added to the Regular Agenda as
an addendum; Item 9.A, Resolution No. 23-14: Interim Service Agreement/Waste Management, Inc.,
Florida was reordered and became Item 9.A.1., and Item 9.A.1., Settlement Agreement,was reordered
and became Item 9.A. Approved as amended,4-0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended,4-0)
A. ACCEPTANCE OF A WATER AND SEWER EASEMENT/ATLANTIC
DENTAL: Approve a water and sewer easement deed for water and sanitary sewer
lines for Atlantic Dental located at 5065 West Atlantic Avenue.
B. HOLD HARMLESS AGREEMENT/435 N.E. 8TH AVENUE: Approve a Hold
Harmless Agreement with Brian Vaas to install a fence and landscaping in the City
right-of-way, on the east side of N.E. 8`h Avenue, between N.E. 4`h Street and N.E. 5`h
Street.
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C. SERVICE AUTHORIZATION NO. 12-04/CALVIN, GIORDANO AND
ASSOCIATES, INC.: Approve Service Authorization No. 12-04 with Calvin,
Giordano and Associates, Inc. (CGA) in the amount of $97,117.46 for professional
design services (RFQ #2012-06) related to the N.W. 12`h Avenue, Atlantic
Avenue/Martin Luther King (MLK) Project (Project No. 10-041). This
recommendation is in compliance with Ordinance No. 29-13, Section 36.02(C)(3),
"Acquisition of Goods and Services and Disposal of City Property: Methods of
Acquisition, Direct Acquisition Method, Professional Services". Funding is available
from 334-3162-541-6860 (General Construction Fund: Other Improvement/ NW 12`h
Avenue — Adantic/Martin Luther King), 448-5461-538-68.60 (Storm Water Utility
Fund: Other Improvement/N.W. 12`h Avenue —Atlantic/Martin Luther King) and 442-
5178-536-68.60 (Water& Sewer Renewal & Replacement Fund: Improvements Other/
N.W. 12th Avenue-Atlantic/ Martin Luther King).
D. RESOLUTION NO. 15-14/LOCAL AGENCY PROGRAM (LAPS
AGREEMENT: FLORIDA DEPARTMENT OF TRANSPORTATION
F( DOT). Approve Resolution No. 15-14; authorizing the Local Agency Program
(LAP) Agreement Extension with Florida Department of Transportation (FDOT) for
the construction of the Federal Highway Beautification Project No. 2009-009.
E. CHANGE ORDER NO. 2/SEALAND CONTRACTORS CORPORATION:
Approve Change Order No. 2 in the amount of $56,283.84 to Sealand Contractors
Corporation for a nine (9) day extension of time; and additional work for the Federal
Highway Beautification Project (Bid No. 2012-21). This is in compliance with
Ordinance No. 29-13, Section 36.06(A)(1), "City Commission Approved Contracts,
Beyond The Scope of Work", and Section 36.06(A)(3), "City Commission Approved
Contracts, Extension of Completion Dates". Funding is to be paid out of the Contract's
Undefined General Allowance.
F. AMENDMENT NO. 2 TO THE INTERLOCAL AGREEMENT/SCHOOL
BOARD OF PALM BEACH COUNTY: Approve Amendment No. 2 to the
Interlocal Agreement with the School Board of Palm Beach County to share
information with the Milagro Center and Learning and Leadership in Families, Inc. as
part of the Campaign for Grade-Level Reading.
G. TRIPARTITE INTERLOCAL AGREEMENT/CITY OF DELRAY BEACH,
SCHOOL OF PALM BEACH COUNTY AND ACHIEVEMENT CENTERS
FOR CHILDREN AND FAMILIES (ACCF) Approve a Tripartite Interlocal
Agreement between the City of Delray Beach, School Board of Palm Beach County and
the Achievement Centers for Children and Families for shared use of the Pine Grove
Elementary School.
H. (MOVED TO ITEM 9.A.A.A. ON THE REGULAR AGENDA)
I. CONSENT TO ASSIGNMENT/RMS PROPERTIES IX, LLC.: Approve the
Consent to Assignment from Oxford Business Corporation to RMS Properties IX,
LLC.
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J. (MOVED TO ITEM 9.A.A.A.A. ON THE REGULAR AGENDA)
K. RESOLUTION NO. 16-14/107 N.W. 10TH AVENUE: Approve Resolution No. 16-
14 assessing costs for abatement action required for the emergency board-up of an
unsafe structure located at 107 N.W. 10d'Avenue.
L. RESOLUTION NO. 17-14/2213 — 2215 N.E. 3RD AVENUE: Approve Resolution
No. 17-14 assessing costs for abatement action required for the emergency board-up of
an unsafe structure located at 2213 - 2215 N.E. 3rd Avenue.
M. RESOLUTION NO. 18-14/610 S.E. 2ND AVENUE: Approve Resolution No. 18-
14 assessing costs for abatement action required for the emergency board-up of an
unsafe structure located at 610 S.E. 2nd Avenue.
N. RESOLUTION NO. 19-14/401 S.W. 8TH AVENUE: Approve Resolution No. 19-
14 assessing costs for abatement action required for the emergency board-up of an
unsafe structure located at 401 S.W. 8d' Avenue.
O. RESOLUTION NO. 20-14/41 S.W. 7TH AVENUE: Approve Resolution No. 20-14
assessing costs for abatement action required for the emergency board-up of an unsafe
structure located at 41 S.W. 7`h Avenue.
P. RESOLUTION NO. 21-14/2201 - 2203 N.E. 3rd AVENUE: Approve Resolution
No. 21-14 assessing costs for abatement action required for the emergency board-up of
an unsafe structure located at 2201-2203 N.E. 3rd Avenue.
Q. PROCLAMATIONS:
1. Better Hearing Month—May 2014
2. Civility Month—May 2014
3. Kids To Parks Day—May 17, 2014
4. National Emergency Medical Services Week—May 18-24, 2014
R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
April 14, 2014 through May 2, 2014.
S. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Tampa Armature Works (TAW) Power Systems Inc., (Bid No.
2014-23) in the amount of$33,740.00 for the purchase of a replacement standby
generator related to the Public Utilities Generator Replacement project. This
recommendation is in compliance with Ordinance No. 29-13, Section
36.02(A)(1), "Acquisition of Goods and Services and Disposal of City Property:
Methods of Acquisition, Sealed Competitive Method, Competitive Bids".
Funding is available from 442-5178-536-64.90 (Water & Sewer Renewal &
Replacement Fund: Machinery/Equipment/Other Machinery/Equipment).
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2. Bid award to Arbor Tree and Land, Inc. in the amount of $123,145.00 for
construction of the Swales Project (Bid No. 2014-21). This recommendation is
in compliance with Ordinance No. 29-13, Section 36.01(A), "Acquisition of
Goods and Services and Disposal of City Property: Applicability; Definitions,
Applicability", and Section 36.02(A)(1), "Acquisition of Goods and Services and
Disposal of City Property: Methods of Acquisition, Sealed Competitive Method,
Competitive Bids". Funding is available from 448-5461-538-46.43 (Storm
Water Utility Fund/Repair and Maintenance Service/Drainage Swales).
9. REGULAR AGENDA:
A.A. DISCUSSION OF TRAFFIC SIGNALS AT VENETIAN DRIVE AND
GLEASON STREET: (It was the consensus of the Commission to support stop signs
for three (3) months until stand poles are in place and also to get a report of inspections for
other lights in the City)
A.A.A. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/
SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU). Approve the
ratification of the Collective Bargaining Agreement with the Service Employees
International Union (SEIU). (Motion to approve;Approved,4-0)
A.A.A.A. GRANT AWARD/DEPARTMENT OF HOMELAND SECURITY:
STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE
SA( FER)L Authorize acceptance of the Staffing for Adequate Fire and Emergency
Response (SAFER) Grant in the amount of $646,043.00 to hire four (4) additional
Firefighter/Paramedics for a twenty-four (24) hour period. (Motion to approve;Approved,
4-0)
A. RESOLUTION NO. 23-14: INTERIM SERVICE AGREEMENT/WASTE
MANAGEMENT, INC., FLORIDA: Consider approval of Resolution No. 23-14;
authorizing the City to enter into an Interim Service Agreement with Waste
Management, Inc., Florida to provide for continued garbage collection services until
October 31, 2014 with up to a maximum of three (3), one (1) month extensions to allow
the City the opportunity to engage in a competitive solicitation process for garbage
collection services. (Motion to approve;Approved,4-0)
1. SETTLEMENT AGREEMENT: Consider approval of the proposed
Settlement Agreement with Waste Management, Inc., Florida. (Motion to
approve;Approved,4-0)
B. AUTHORIZATION TO ENGAGE TO PREPARE PROCUREMENT
DOCUMENTS: Consider authorization to engage Weiss, Serota, Helfman, Pastoriza,
Cole and Boniske to prepare procurement documents for garbage collection services in
the amount of $215.00 per hour. This is in compliance with Ordinance No. 29-13
Section 36.02(C)(3), "Acquisition of Goods and Services and Disposal of City Property:
Methods of Acquisition, Direct Acquisition Method, Professional Services". Funding is
available from 433-3711-534-31.90 (Sanitation Fund: Professional Services/Other
Professional Services). (It was the consensus of the Commission to bring this item back to the
Special Meeting on May 13,2014)
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C. DISCUSSION OF PROPOSED CHARTER
AMENDMENT/REFERENDUM: Consider Commission discussion of a proposed
change to Delray Beach Charter, Article IV, Section 4.02(B); and possible municipal
referendum to be placed on the August 26, 2014 Primary Election ballot. (Motion to
have the Interim City Attorney draft an Ordinance for the August ballot; Approved, 3-1.
Commissioner Jacquet dissenting)
D. AMENDMENT NO. 1 TO THE LICENSE AGREEMENT/BRIGHT
HORIZONS INVESTMENT CORPORATION d/b/a 32 EAST
RESTAURANT: Consider approval of Amendment No. 1 to the License Agreement
with Bright Horizons Investment Corporation d/b/a 32 East Restaurant to modify the
terms of the agreement from one (1) year to three (3) years, regarding the restaurant's
balcony encroachment into the City-owned public right-of-way. (Motion to approve;
Approved,4-0)
E. BID AWARD/FERGUSON ENTERPRISES, INC.: Consider approval of a bid
award to Ferguson Enterprises, Inc., the second lowest responsive bidder, in the amount of
$63,250.00 for Standard Automatic Flushing System (Bid No. 2014-26) purchase of
piping materials, fittings, valves and other miscellaneous appurtenances by various
divisions in the Environmental Services Department. This recommendation is in
compliance with Ordinance No. 29-13, Section 36.03(B), "Acquisitions of Goods and
Services: City Commission Approval, Multiple Acquisitions from a Vendor Exceeding
$25,000.00 in any Fiscal Year". Funding is available is from 442-5178-536-64.90 (Water
and Sewer Renewal and Replacement Fund: Machinery/Equipment/ Other
Machinery/Equipment. (Motion to approve;Approved,4-0)
F. PURCHASE AWARD/H.D. SUPPLY WATERWORKS/FERGUSON
ENTERPRISES, INC.: Consider approval of a purchase award to H.D. Supply
Waterworks and Ferguson Enterprises, Inc. in an amount not to exceed $360,000.00;
for the purchase of piping materials, fittings, valves and other miscellaneous
appurtenances, by various divisions in the Environmental Services Department;in the
current fiscal year. This recommendation is in compliance with Ordinance No.
29-13, Section 36.03(B), "Acquisitions of Goods and Services: City Commission
Approval, Multiple Acquisitions from a Vendor Exceeding $25,000.00 in any Fiscal
Year". Funding is available from multiple Environmental Services Department funding
sources. (Commissioner Jarjura stepped away from the dais. Motion to approve;Approved, 3-
0)
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G. PURCHASE AWARD/GOODYEAR TIRE AND RUBBER COMPANY:
Consider approval of a purchase award to Goodyear Tire and Rubber Company in the
amount of $200,000.00 for auto and truck tires, and repairs for City of Delray Beach
vehicles, to multiple vendors who are authorized dealers for Goodyear Tire and
Rubber. Purchases are at government pricing according to the current State of Florida
contract #863-000-10-1, which expires February 27, 2015. This recommendation is in
compliance with Ordinance No. 29-13, "Acquisition of Goods and Services: Section
36.02(C)(7)(a), "Methods of Acquisition: Direct Acquisition Method, Utilization of
Other Governmental Entities' Contract, non-real property". 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, C.G. - Outside Services). (Motion to
approve;Approved, 3-0)
H. PURCHASE AWARD/THE DUMONT COMPANY: Consider approval of a
purchase award to The Dumont Company in an amount not to exceed $156,000.00 for
the purchase and delivery of sodium hypochlorite for remote stations within the water
distribution system. Staff estimates the annual unit cost of sodium hypochlorite to
these remote stations to be $52,000.00 per year. The contract term is three years, with
the option to renew for two additional one year periods. This recommendation is in
compliance with Ordinance No. 29-13, Section 36.02 (A)(1), "Acquisition of Goods and
Services: Methods of Acquisition, Sealed Competitive Method, Competitive Bids".
Funding is available from 441-5123-536-52.21 (Water and Sewer Fund: Operating
Supplies/Chemicals). (Commissioner Jarjura returned to the dais. Motion to approve;
Approved,4-0)
I. NOMINATION FOR APPOINTMENT TO THE DELRAY BEACH
HOUSING AUTHORITY BOARD: Nominate one (1) regular member for
appointment to the Delray Beach Housing Authority to serve a four year term ending
March 6, 2018. Based upon the rotation system, the nomination/recommendation for
appointment will be made by Commissioner Frankel (Seat #3). (POSTPONED TO
THE MAY 13, 2014 SPECIAL MEETING)
J. NOMINATION FOR APPOINTMENT TO THE GREEN
IMPLEMENTATION ADVANCEMENT BOARD: Nominate one (1) alternate
member for appointment to the Green Implementation Advance Board to serve an
unexpired term ending July 31, 2015. Based on the rotation system, the nomination for
appointment will be made by Commissioner Frankel (Seat #3). (POSTPONED TO
THE MAY 20,2014 REGULAR MEETING)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 11-14: Consider approval to amend Chapter 91, "Animals", by
repealing "Sea Turtles", Sections 91.50 through 91.99, in their entirety and enacting a
new Section 91.50 in its place in order to adopt by reference the Palm Beach County
Code provisions regarding the same. (Motion to approve;Approved,4-0)
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11. FIRST READINGS:
A. ORDINANCE NO. 13-14: Consider approval to amend Chapter 118, "Solicitors and
Peddlers and Distribution of Handbills", Section 118.01 "Definitions" to include
definitions for panhandling and aggressive panhandling; Section 118.03 "Prohibited
Acts Regarding Soliciting and Peddling", in order to designate prohibited areas for
panhandling and to prohibit aggressive panhandling city-wide. If passed, a public
hearing will be held on May 20, 2014. (Motion to approve;Approved,4-0)
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: MAY 02, 2014
******Meeting adjourned at10.•26p.m.
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