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08-19-14 Agenda Results Regular Meeting City of Delray Beach Regular Commission Meeting ***AGE DA REST TS*** Tuesday,August 19,2014 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. (Commissioner Jacquet absent) 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. APPROVAL OF MINUTES: A. None 5. PRESENTATIONS: A. RESOLUTION NO. 39-14: Approve Resolution No. 39-14 recognizing and commending Donna Quinlan, Community Improvement Coordinator, for 30 years of dedicated service to the City of Delray Beach. (Approved,4-0) 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.A., Ratification of South Central Regional Wastewater Treatment and Disposal Board Actions,was moved to the Regular Agenda as Item 9.A.A.; Staff requested that Item 8.N.1., Bid Award/All Phase Roofing & Construction, Inc., be removed; Item 9.B., Appointment to the Planning & Zoning Board, was postponed; Item 9.C., Amendment to the Grant Award/Department of Homeland Security: Staffing for Adequate Fire and Emergency Response (SAFER) was added to the Regular Agenda as an addendum; Item 10.C., Resolution No. 34-14/Contract for Sale and Purchase: 513 S.W. 15th Avenue and Item 10.D., Resolution No. 36-14/Contract for Sale and Purchase: 232 N.W. 81h Avenue were removed.Approved as amended, 4-0) 8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended) A. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA) B. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL) COASTAL CONTRACTING & DEVELOPMENT, INC.: Approve Contract Closeout (Change Order No. 1/Final) in the amount of$9,067.66 decrease and final payment in the amount of$2,467.74 to Coastal Contracting&Development, Inc. for completion of the Sidewalks FY 2013 Project No. 13-071. This is in compliance with Code of Ordinances, Chapter 36, Section 36.06 (A)(2), "Change Orders; Within the Scope of Work". 08/19/2014 - 2 - C. INCREASE SPENDING LIMIT/MASTER AUTO BODY: Approve an increase to the spending limit for Master Auto Body to $35,000.00 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). D. RETROACTIVE APPROVAL OF PRIOR PURCHASE /MACMILLAN OIL COMPANY: Approve retroactively, an expenditure limit of $1,450,000.00 with Macmillan Oil Company for the purchase of bulk fuel for City of Delray Beach vehicles and equipment. This is in compliance with Code of Ordinances, Chapter 36, Section 36.02 (C)(7), "Utilization of Other Governmental Entities' Contracts". Funding is available from 501-3311-591-52.51 (Garage Fund: Operating Supplies/ C G Inventory Fuel). E. RETROACTIVE APPROVAL OF PRIOR PURCHASES/BOCA RATON SMALL ENGINES, INC.: Approve retroactively, an expenditure limit of $30,000.00 with Boca Raton Small Engines, Inc. for the purchase of lawn equipment and repair kits. This is in compliance with Code of Ordinances, Chapter 36, Section 36.03 (B), "Multiple Acquisitions from Vendors Exceeding $25,000.00 in any Fiscal Year". Funding is available from multiple accounts. F. RESOLUTION NO. 38-14: Approve Resolution No. 38-14; supporting establishing a regulatory structure for the recovery residence industry;urging the Florida and National League of Cities to support efforts by state and local governments to regulate recovery residences; urging Congress to enact legislation regarding recovery residences to protect the health, safety and welfare or the residents of local communities. G. RESOLUTION NO. 37-14/WATER CONSERVATION HOTEL AND MOTEL PROGRAM: Approve Resolution No. 37-14; authorizing the City to partner with the South Florida Water Management District in implementing the Water Conservation Hotel and Motel Program (Water CHAMP). H. RESOLUTION NO. 35-14/BEACH RENOURISHMENT PROJECT: Approve Resolution No. 35-14; to support the funding commitment of the Delray Beach Renourishment Project. I. CHANGE ORDER NO. 1 AND WAIVER TO THE HOUSING REHABILITATION GRANT AWARD /130 S.W. 5TH AVENUE: Approve Change Order No. 1 to Built Solid Construction in the amount of $12,744.00 and request to waive the $37,000.00 maximum grant award established for housing rehabilitation projects under the Neighborhood Services Division's approved Policies and Procedures for the property located at 130 S.W. 5`''Avenue. This is in compliance with Code of Ordinances, Chapter 36, Section 36.02 (A)(1), "Sealed Competitive Method" and Section 36.06 (A)(1), "Change Orders". Funding is available from 118- 1963-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). 08/19/2014 - 3 - J. GRANT AWARD/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) Approve and accept the FY 2014 Recovery Act Edward Byrne Memorial Justice Assistance Grant UAG) award in the amount of$40,770.00 which will provide funding to support the Holiday Robbery Task Force. K. ANNUAL MAINTENANCE AGREEMENT/SELECTRON TECHNOLOGIES: Approve an Annual Maintenance Software Agreement with Selectron Technologies, Inc., in the amount of$25,535.00 for continued support of the interactive voice response for continued support of the City's website and interactive voice response system to pay for permits and utility bills. This is in compliance with Code of Ordinances, Chapter 36, Section 36.02 (C)(6)(a), "Sole Source". Funding is available from 001-1811-513-46.20 (General Fund: Repair & Maintenance Services/Equipment Maintenance), 001-2721-524-46.90 (General Fund: Repair & Maintenance Services/Other Repair/Maintenance Costs) and 441-5112-536-46.90 (Water and Sewer Fund: Repair and Maintenance Service/Other Repair/Maintenance Cost). L. PROCLAMATIONS: 1. South Atlantic Karate Association—August 22-24, 2014 M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 28,2014 through August 8,2014. N. AWARD OF BIDS AND CONTRACTS: 1. Bid award to All Phase Roofing & Construction, Inc. in the amount of $249,665.00 for roof repairs at Pompey Park (Bid No. 2014-12). This bid award is in compliance with Code of Ordinances, Chapter 36, Section 36.02 (A) (1), "Sealed Competitive Method; Competitive Bids". Funding is available from 334- 4127-572-62.10 (General Construction Fund: Buildings). 9. REGULAR AGENDA: A.A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarterly Annual Meeting of July 17, 2014. (Motion to approve;Approved,4-0) A. NOMINATIONS FOR APPOINTMENT TO THE BOARD OF ADJUSTMENT: Nominations for appointment of three (3) regular members to the Board of Adjustment to serve two (2) year terms ending August 31, 2016. Based on the rotation system, the nomination for appointments will be made by Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). (Appointed Allen Kilik and approved 4-0; and appointed Dale Miller and approved 4-0. Commissioner Jacquet's appointment was deferred to the September 4,2014 Regular Meeting) 08/19/2014 - 4 - B. NOMINATION FOR APPOINTMENT TO THE PLANNING AND ZONING BOARD: Nomination for appointment of one (1) regular member to the Planning and Zoning Board to serve a two (2) year term ending August 31, 2016. Based on the rotation system, the nomination for appointment will be made by Commissioner Jacquet (Seat#2). (REMOVED) C. AMENDMENT TO THE GRANT AWARD/DEPARTMENT OF HOMELAND SECURITY: STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER Consider approval of an amendment to the Grant Award with the Department of Homeland Security: Staffing for Adequate Fire and Emergency Response (SAFER) Grant in the amount of $597,363.00 to hire (3) additional Firefighter/Paramedics for a twenty-four hour (24) month period. (ADDENDUM)(Motion to approve;Approved,4-0) 10. PUBLIC HEARINGS: A. PUBLIC COMMENTS/FY 2015 PROPOSED BUDGET: The City Commission will hear public comments,if any,regarding the FY 2015 Proposed Budget at this time. B. ORDINANCE NO. 22-14 (SECOND READING/SECOND 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. (Motion to approve; Approved,4-0) C. RESOLUTION NO. 34-14/CONTRACT FOR SALE AND PURCHASE: 513 S.W. 15TH AVENUE: Consider approval of Resolution No. 34-14; a contract for sale and purchase between the City of Delray Beach and the Delray Beach Community Land Trust in the amount of Ten Dollars and 00/100 cents ($10.00) for affordable housing purposes for the property located at 513 S.W. 151h Avenue. (STAFF HAS REQUESTED THIS ITEM BE POSTPONED UNTIL A DATE CERTAIN OF SEPTEMBER 4, 2014 CITY COMMISSION MEETING) D. RESOLUTION NO. 36-14/CONTRACT FOR SALE AND PURCHASE: 232 N.W. 8TH AVENUE: Consider approval of Resolution No. 36-14; a contract for sale and purchase between the City of Delray Beach and the Delray Beach Community Land Trust in the amount of Ten Dollars and00/100 cents ($10.00) for affordable housing purposes for the property located at 232 N.W. 8`h Avenue. (STAFF HAS REQUESTED THIS ITEM BE POSTPONED UNTIL A DATE CERTAIN OF SEPTEMBER 4, 2014 CITY COMMISSION MEETING) 11. FIRST READINGS: A. NONE. 08/19/2014 - 5 - 12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: AUGUST 11, 2014 """MEETING ADJOURNED AT 7•40 P.M. 08/19/2014 - 6 -