12-10-13 Agenda Results Regular Meeting City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday,December 10,2013
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. (Vice Mayor Alson Jacquet arrived at 6:04 p.m.)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. September 10, 2013—Workshop Meeting (Approved, 5-0)
B. October 15, 2013—Regular Meeting(Approved, 5-0)
C. November 5,2013—Regular Meeting (Approved, 5-0)
5. PRESENTATIONS:
A. Recognizing and commending Nancy K. Hurd for her multitudinous contributions.
1. RESOLUTION NO. 60-13: Approve Resolution No. 60-13;provide authorization to
name the east-west public alley located between Lake Ida Road and N.W. 4`'' Street
"Nancy's-ilaf% as requested by the Board of Directors of the Achievement Center for
Children and Families (ACCF). (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 that Item 8.j., Agreement for
Consulting/Professional Services/International Enterprise Development was moved to the Regular
Agenda as Item 9.A.A; and Staff requested that Item 8.0.3., Purchase Award/HD Supply Waterworks,
LTD, Item 8.0.4., Purchase Award/Specialty Vehicles, Inc., Item 8.0.5., Otto Environmental Systems,
Item 8.0.6., Purchase Award/ Hall-Mark Fire Equipment and Item 8.0.7., Contract Award/Overtime
Services (OT Services) be REMOVED from the Consent Agenda;.Approved as amended,5-0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. RESOLUTION NO. 57-13 (TAX EXEMPTION REQUEST FOR ELIGIBLE
IMPROVEMENTS/65 PALM SQUARES Approve a tax exemption request for
eligible improvements to the property located at 65 Palm Square within the Marina
Historic District;and approve Resolution No. 57-13.
B. FINAL SUBDIVISION PLAT APPROVAL/DELRAY VILLAGE SHOPPES
(f/k/a LINTCO DEVELOPMENTS Approve a final plat for a new shopping
center development to be platted as Delray Village Shoppes (f/k/a Lintco
Development) located on the north side of Linton Boulevard,west of S.W. 4`''Avenue.
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C. REQUEST FOR SIDEWALK EASEMENT AND SIDEWALK DEFERRAL
AGREEMENTS/1108 NORTH VISTA DEL MAR DRIVE: Approve acceptance
of a sidewalk easement and sidewalk deferral agreement along North Vista Del Mar
Drive associated with the additions and alterations to the property located at 1108
North Vista Del Mar Drive.
D. RESOLUTION NO. 55-13; ABANDONMENT OF UTILITY
EASEMENT/GROVE AT LAKE IDA: Approve Resolution No. 55-13; Grove at
Lake Ida - Resolution No. 55-13 — Abandonment of a 16' Utility Easement running
north and south from Northwest 12`''Street to Grove Way in Delray Beach, Florida.
E. HOLD HARMLESS AGREEMENT/ 2225 SOUTH OCEAN BOULEVARD:
Approve a Hold Harmless Agreement with Delray Villages by the Sea, LLC., to install
and construct utilities in the State DOT right-of-way at property located at 2225 South
Ocean Boulevard.
F. AMENDMENT NO. 3 TO THE INTERLOCAL
AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY
(C"XONSTRUCTION PROFESSIONAL SERVICES FY 2012-2013:
Approve Amendment No. 3 to the Interlocal Agreement between the City and
Community Redevelopment Agency (CRA) to modify Exhibit "A" to reflect the actual
amount of funding provided by the CRA for the projects at the end of FY 2012-13.
G. CHANGE ORDER NO. 1/ROSSO SITE DEVELOPMENT, INC.: Approve
Change Order No. 1 with Rosso Site Development, Inc. for a contract time extension
of twenty-eight (28) days; and approval in the amount of$13,127.72, for the installation
of drainage structures,pipe and sidewalk removal and replacement, to be paid out of the
contract's Undefined General Allowance, to Rosso Site Development, Inc., for the
Osceola Alleys Phase I Project. Cost to be funded out of the Contract's Undefined
General Allowance.
H. LANDSCAPE MAINTENANCE AGREEMENT/924 SOUTH OCEAN
BOULEVARD: Approve a Landscape Maintenance Agreement with Lidia Anna
Soltysik-Kaminska, Zygmunt Kaminski and Piotr Marcin Kaminski for landscape
installation within the right-of-way at 924 South Ocean Boulevard.
I. LANDSCAPE MAINTENANCE AGREEMENT/DELRAY PLACE, LLC.:
Approve a Landscape Maintenance Agreement with Delray Place, LLC., for landscape
installation within the right-of-way of Eve Street.
J. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA)
K. TRIPARTITE INTERLOCAL AGREEMENT/COMMUNITY
REDEVELOPMENT AGENCY (CRAI: EAGLE NEST PROGRAM
PROJECT: Approve a Tripartite Interlocal Agreement between the City of Delray
Beach, the Delray Beach Community Redevelopment Agency (CRA) and the School
Board of Palm Beach County, Florida for the Eagle Nest Program Project #3 at
Atlantic High School Career Academy.
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L. VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES
AGREEMENT: Approve a Vote Processing Equipment Use and Election Services
Agreement between the Palm Beach County Supervisor of Elections and the City for
conducting municipal elections.
M. RESOLUTION NO. 59-13: Approve Resolution No. 59-13 regarding the March 11,
2014 First Nonpartisan and Special Elections.
N. PROCLAMATIONS:
1. Calling for the First Non-Partisan and Special Elections to be held on March 11,
2014
O. AWARD OF BIDS AND CONTRACTS:
1. Award to PVS Technologies, Inc. in the amount of $260,000.00 for the
purchase and delivery of liquid ferric chloride for use at the Water Treatment
Plant (WTP) FY 2014. Funding is available from 441-5122-536-52.21 (Water &
Sewer Fund: Operating Supplies/Chemicals).
2. Purchase award to Florida Bullet, Inc. in the amount of $52,775.60 for
ammunition for training and on-duty use for the Police Department. Funding is
available from 001-2111-521-52.20 (General Fund: Operating Supplies/General
Operating Supplies).
3. Purchase award to HD Supply Waterworks, LTD in the amount of$58,140.00
for the purchase of 20 Hydroguard model HG-1 automatic flushing units.
Funding is available from 442-5178-536-64.90 (Water & Sewer Renewal and
Replacement Fund: Machinery/Equipment/ Other Machinery/Equipment).
(REMOVED)
4. Purchase award to Specialty Vehicles, Inc., in the amount of $16,332.00 and
Allison Transmission in the amount of $2,160.00 (total amount of $18,492.00)
for extended warranties for the trolley fleet. Funding is available from 001-3151-
545-49.26 (General Fund: Other Current Charges/Tri Rail Trolley Services).
(REMOVED)
5. Purchase award to Otto Environmental Systems in the amount of $60,000.00
for hot-stamped,garbage carts, lids and wheels to be ordered "as-needed" as the
product supplier. Funding is available from 433-3711-534-49.35 (Sanitation
Fund: Other Current Charges/Cart Renewal&Replacement). (REMOVED)
6. Purchase award to Hall-Mark Fire Equipment in the amount of$278,009.00 for
a new Horton model 623 Rescue Vehicle to replace the 2004 MedTec
Ambulance. Funding is available from 501-3312-591-64.25 (Garage Fund:
Machinery/Equipment/Heavy Equipment). (REMOVED)
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7. Contract award to Overtime Services (OT Services) in the amount of$46,320.00
per year for the cleaning of the Police Department, in addition to other related
services "as needed". Funding is available from 001-2111-521-34.10 (General
Fund: Other Contractual Services/Janitorial Services). (REMOVED)
9. REGULAR AGENDA:
AA. AGREEMENT FOR CONSULTING/PROFESSIONAL SERVICES/
INTERNATIONAL ENTERPRISE DEVELOPMENT: Approve the Micro
Enterprise Technical Assistance Consulting Agreement with International Enterprise
Development, Inc. in the amount of $50,000.00 to establish the Delray Beach Micro
Enterprise Program providing for technical assistance and loan funds to eligible
business owners. Funding is available from 118-1965-559-49.59 (Neighborhood
Services: Other Current Charges/Micro Lending) and 118-1966-559-49.59
(Neighborhood Services: Other Current Charges/Micro Lending). (Motion to approve;
Approved,5-0)
A. WAIVER REQUESTS/UPTOWN DELRAY: Consider approval of three (3)
waivers to Land Development Regulations (LDR) Sections 4.4.13 (F)(1)(c), "Floor
Height", 4.6.18(B)(14)(iv)(2), "Window Area", and 4.6.18 (B)(14)(vi)(4)(b), "Garage
Facade", associated with the Class V site plan for the Uptown Delray project located
on the north side of S.E. 2nd Street, between S.E. 4`h Avenue and S.E. 51h Avenue.
(Quasi-judicial Hearing)(Motion to adopt board order as presented;Approved,5-0)
B. FINAL SUBDIVISION PLAT APPROVAL AND WAIVER REQUEST FOR
1001 HIBISCUS LANE PLAT: Approve a 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) (Motion to TABLE until January 7, 2014;
Approved,3-2.Mayor Glickstein and Commissioner Petrolia dissenting)
C. OFFER OF SETTLEMENT IN CITY OF DELRAY BEACH v. PALM BEACH
COUNTY POLICE BENEVOLENT ASSOCIATION (PBA) Consider an Offer of
Settlement in the total amount of $125,000.00 in the City of Delray Beach v. Palm
Beach County Police Benevolent Association. Staff recommends approval. (Motion to
approve;Approved, 5-0)
D. SETTLEMENT OFFER IN PREVILLON CASSY v. CITY OF DELRAY
BEACH: Consider a Settle Offer in the total amount of$25,000.00 in Previllon Cassy
v. City of Delray Beach. Staff recommends approval; subject to the receipt of the
appropriate releases. (Motion to approve;Approved,4-1. Commissioner Jacquet dissenting)
E. APPOINTMENT OF AN INTERIM CITY ATTORNEY: Appoint an Interim
City Attorney upon the resignation of Mr. Brian Shutt. (Motion to appoint Terrill Pyburn
as Interim City Attorney with a 10%pay increase,Janice Rustin and Cathy Kozol(Assistant City
Attorneys) to receive a 2.5%pay increase;Approved,5-0)
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10. PUBLIC HEARINGS:
A. RESOLUTION NO. 58-13/CONTRACT FOR SALE AND PURCHASE OF
OLD SCHOOL SQUARE RETAIL SPACE: Approve Resolution 58-13;
authorizing approval of a contract by resolution authorizing the sale and purchase of
interior space on the first floor of the Old School Square Parking Garage. (Motion to
approve;Approved,4-1. Commissioner Frankel dissenting)
11. FIRST READINGS:
A. ORDINANCE NO. 36-13: Approve an amendment to Chapter 51, "Garbage and
Trash", Section 51.70, "Regular Charges Levied", to provide for decreased residential
collection service rates for the remaining FY 2014. If approved, a public hearing will be
held on January 7,2014. (Motion to approve;Approved, 5-0)
B. ORDINANCE NO. 37-13: Approve an amendment to Chapter 31, "City Officials and
Employees", of the Code of Ordinances by repealing Section 31.05, "City Attorney;
Qualifications", in its entirety. If passed, a public hearing will be held on January 7,
2014. (Motion to approve;Approved,5-0)
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: DECEMBER 6, 2013
******Meeting adjourned at 8.26p.m.
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