08-05-14 Agenda Results Regular Meeting City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday,August 5, 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. June 3,2014—Regular Meeting(Approved, 5-0)
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. (Mayor Glickstein noted Item 8.B., Increase Spending Limit/Classic Auto
Collision was moved to the Regular Agenda as Item 9.A.A.; Item 8.C., Increase Spending
Limit/Southeast Truck Specialist, was moved to the Regular Agenda as Item 9.A.A.A.A.; Item 8.D.,
Increase Spending Limit/Hector Turf,was moved to the Regular Agenda as Item 9.A.A.A.Approved as
amended, 5-0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended,5-0)
A. ON-LINE AUCTION WEBSITE/ GOVDEALS.COM: Approve the sale of
assets with an estimated market value greater than $10,000.00 through the on-line
auction website GovDeals.com. This is in compliance with Code of Ordinances,
Chapter 36, Section 36.08 (C), "Disposal of Non-Real Property; Market Value Greater
than Ten Thousand Dollars ($10,000.00)". Funding is available from 501-3311-591-
34.90 (Garage Fund: Other Contractual Service).
B. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA)
C. (MOVED TO ITEM 9.A.A.A.A. ON THE REGULAR AGENDA)
D. (MOVED TO ITEM 9.A.A.A. ON THE REGULAR AGENDA)
E. PROJECT AGREEMENT/FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION/CLEAN VESSEL ACT GRANT
PROGRAM: Approve a Project Agreement between Florida Department of
Environmental Protection and the City of Delray Beach for the Clean Vessel Act Grant
Program for reimbursable funding in the amount of $10,959.36 for maintenance and
repairs at the Municipal Marina.
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F. FIRST AMENDMENT TO THE EMPLOYMENT
AGREEMENT/INTERIM CITY MANAGER TERRANCE STEWART:
Approve the First Amendment to the Employment Agreement with Interim City
Manager Terrance Stewart to extend the term of the agreement in order to allow
sufficient time for the City Manager recruitment.
G. PROCLAMATIONS:
1. Water Professionals Month—August 2014
H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
July 14,2014 through July 25,2014.
I. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Pro Courts (Bid No. 2014-31) in the amount of$31,818.00 for the
resurfacing of seven (7) Har-Tru clay courts at the Swim and Tennis Club and
six (6) Hydroblend clay courts at the Tennis Center. This is in accordance with
Code of Ordinances, Chapter 36.03 (A), "Acquisitions of Twenty-Five
Thousand Dollars ($25,000.00) or Greater". Funding is available from 334-
4145-572-46.90 (General Construction Fund: Repair & Maintenance
Services/Other Repair/Maintenance Costs).
2. Purchase award to Garber Chevrolet (FSA Contract#13-210904) in the amount
of $40,206.00 for two (2) replacement vehicles that have exceeded their life
expectancy, reached life-to-date repair costs at or beyond 100% of their original
cost, and have accrued excessive mileage, beyond 100,000 miles. This award is in
compliance with Chapter 36, Section 36.02(C)(7)(a), "Utilization of Other
Governmental Entities' Contract". Funding is available from 501-3312-591-
64.20 (Garage Fund: Machinery/Equipment/Automotive).
J. LETTER OF SUPPORT/JUSTICE ASSISTANCE GRANT (JAG) FUND:
Authorize the Mayor to sign a letter in support of funding allocations for Countywide
Justice Assistance Grant UAG) funds for FY 2015. (ADDENDUM)
9. REGULAR AGENDA:
A.A. INCREASE SPENDING LIMIT/CLASSIC AUTO COLLISION: Approve an
increase to the spending limit for Classic Auto Collision to $45,000.00 for repairs to the
City's vehicles. This purchase award is in compliance with Code of Ordinances, Chapter
36, Section 36.03 (B), "Multiple Acquisitions From Vendor Exceeding Twenty-Five
Thousand Dollars ($25,000.00) in Any Fiscal Year". Funding is available from 501-
3311-591-52.52 (Garage Fund: Operating Supplies/C.G. — Outside Service). (Motion to
approve;Approved, 5-0)
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A.A.A. INCREASE SPENDING LIMIT/HECTOR TURF: Approve an increase to the
spending limit for Hector Turf to $40,000.00 for lawn mower and tractor repair parts
related purchases. This purchase award is in compliance with Code of Ordinances,
Chapter 36, Section 36.03 (B), "Multiple Acquisitions From Vendor Exceeding Twenty-
Five Thousand Dollars ($25,000.00) in Any Fiscal Year". Funding is available from
multiple accounts. (Motion to approve;Approved, 5-0)
A.A.A.A. INCREASE SPENDING LIMIT/SOUTHEAST TRUCK SPECIALIST:
Approve an increase to the spending limit for Southeast Truck Specialist to $35,000.00
for repairs to the City's emergency vehicles. This purchase award is in compliance with
Code of Ordinances, Chapter 36, Section 36.03 (B), "Multiple Acquisitions From
Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year".
Funding is available from 501-3311-591-52.52 (Garage Fund: Operating Supplies/C.G.
—Outside Service). (Motion to approve;Approved, 5-0)
A. APPEAL OF SITE PLAN REVIEW APPEARANCE BOARD'S DECISION: G.
SQUARED VENTURES, LLC.: Consider an appeal by G. Squared Ventures, LLC.,
of the Site Plan Review and Appearance Board's Decision to approve a requested color
change for a commercial building located at 96 S.E. 6`'' Avenue. (Quasi-judicial
Hearing)(Motion to adopt board order with the proposed"Exhibit 1";Approved,5-0)
B. IN-LIEU OF PARKING FEE REQUEST/MINDFUL MANAGEMENT:
Consider approval of a request from Mindful Management for the purchase of two (2)
in-lieu parking spaces located at 280-290 N.E. 2nd Avenue at a cost of $7,800.00 each
totaling $15,600.00 to be paid in full upon issuance of a building permit. (Quasi-
Judicial Hearing)(Motion to adopt board order as presented;Approved,5-0)
C. SETTLEMENT, RELEASE AND NON-DISCLOSURE AGREEMENT/
VINCENT GRAY: Consider approval of a Settlement, Release and Non-Disclosure
Agreement with Vincent Gray for settlement of litigation. (Motion to approve the
Settlement;Approved, 5-0)
D. OFFER OF SETTLEMENT/THOMAS VOLPE VS. CITY OF DELRAY
BEACH: Consider an Offer of Settlement in the total amount of $22,000.00 in
Thomas Volpe vs. City of Delray Beach. Staff recommends approval. (Motion to approve
the Offer of Settlement; Approved 3-2. Commissioner Jarjura and Commissioner Petrolia
dissenting)
E. CONSULTANT/SOLID WASTE AND RECYCLING COLLECTION
SERVICES REQUEST FOR PROPOSAL (RFP) Provide authorization for the
City to retain an additional consultant in an amount not to exceed $25,000.00 to finalize
Solid Waste and Recycling Collection Services Request for Proposal (RFP). This is in
accordance with Section 4.08(A), "Legal Counsel Appointment, Removal and
Compensation;Appointment" of the City Charter. (Motion to approve;Approved, 5-0)
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F. NOMINATIONS FOR APPOINTMENT TO THE PLANNING & ZONING
BOARD: Nominations for appointment of four (4) regular members to the Planning
& Zoning Board to serve two (2) year terms ending August 31, 2016. Based on the
rotation system, the nominations for appointment will be made by Mayor Glickstein
(Seat #5), Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2) and
Commissioner Frankel (Seat#3). (Appointed Jay Jacobson and approved 4-1. Commissioner
Petrolia dissenting. Appointed Mark Krall and approved 5-0; Appointed Joseph Pike and
approved 5-0. Commissioner Jacquet's appointment was deferred to the August 19, 2014
Regular Meeting)
G. NOMINATION FOR APPOINTMENT TO THE POLICE ADVISORY
BOARD: Nomination for appointment of one (1) regular member to the Police
Advisory Board to serve a two (2) year term ending July 31, 2016. Based on the rotation
system, the nomination for appointment will be made by Commissioner Jacquet (Seat
#2). (Appointed Alan Siegel and approved 5-0)
H. NOMINATIONS FOR APPOINTMENT TO THE HISTORIC
PRESERVATION BOARD: Nominations for appointment of four (4) regular
members to the Historic Preservation Board to serve two (2) year terms ending August
31, 2016. Based on the rotation system, the appointments will be made by
Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2), Commissioner
Frankel (Seat #3) and Commissioner Jarjura (Seat #4). (Appointed Angela Budano and
approved 5-0; Appointed David Harden and approved 4-1. Commissioner Jarjura dissenting.
Appointed John Miller and approved 5-0; Appointed Price Patton and approved 4-1.
Commissioner Jarjura dissenting)
I. NOMINATIONS FOR APPOINTMENT TO THE SITE PLAN REVIEW
AND APPEARANCE BOARD (SPRAB) Nominations for appointment of four (4)
regular members to the Site Plan Review and Appearance Board (SPRAB) to serve two
(2) year terms ending August 31, 2016. Based on the rotation system, the nominations
for appointment will be made by Mayor Glickstein (Seat #5), Commissioner Petrolia
(Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3).
(Appointed Jose Aguila and approved 5-0; Appointed James Chard and approved 5-0;
Appointed James Knight and approved 5-0;Appointed Andrew Youngross and approved 5-0)
10. PUBLIC HEARINGS:
A. PUBLIC COMMENTS/FY 2014 PROPOSED BUDGET: The City Commission
will hear public comments,if any,regarding the FY 2014 Proposed Budget at this time.
B. ORDINANCE NO. 19-14 (SECOND READING) Consider an amendment to the
Land Development Regulations (LDR), by amending Article 4.6, "Supplemental
District Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection (E),
"Locations of Parking Spaces", Sub-Subsections (3), "In-Lieu Fee" and (4), "Public
Parking Fee", to reflect fee changes for same. (Motion to approve; Approved, 4-1.
Commissioner Frankel dissenting)
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C. ORDINANCE NO. 22-14 (FIRST READING/FIRST PUBLIC HEARING)
Consider an amendment to the Land Development Regulations (LDR) of the City of
Delray Beach, establishing a temporary building moratorium on facilities offering the
retail sale or transfer of dogs and/or cats as further defined herein for a period of six (6)
months from the date of adoption of this ordinance; providing for geographic area
covered; providing for the duration of moratorium. If passed, a second public hearing
will be held on August 19, 2014. (Motion to approve;Approved, 3-2. Commissioner Frankel
and Commissioner Jacquet dissenting)
D. ORDINANCE NO. 21-14 (SECOND READING) Consider amending Chapter 35,
"Employee Policies and Benefits", Section 35.105, "Administration by Retirement
Committee", Subsection (A)(1), "Retirement Committee Established", to require the
Chief Financial Officer or Treasurer to be a member of the general employee's
retirement committee. (Motion to approve;Approved,5-0)
E. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBW
CONSOLIDATED ANNUAL ACTION PLAN FY 2014-15: Consider approval of
the CDBG Consolidated Annual Action Plan FY 2014-15 as required by the United
States Department of Housing & Urban Development (HUD) for utilization of federal
grant funds. (Motion to approve;Approved, 5-0)
11. FIRST READINGS:
A. NONE.
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JULY 28, 2014
*****Meeting adjourned at 9.•28 p.m.
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