09-16-14 Agenda Results Regular Meeting City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, September 16,2014
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. None
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.
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. RESOLUTION NO. 45-14 (TAX EXEMPTION REQUEST FOR ELIGIBLE
IMPROVEMENTS/101 N.E. 5TH STREET): Approve a tax exemption request for
eligible improvements to the property located at 101 N.E. 5`'' Street within the Del-Ida
Park Historic District;and approve Resolution No. 45-14.
B. ACCEPTANCE OF A RIGHT OF WAY DEED/21 GROVE WAY: Approve
acceptance of a 5' right of way deed along Grove Way for the property located at 21
Grove Way.
C. SERVICE AUTHORIZATION NO. 12-11/KIMLEY HORN & ASSOCIATES,
INC.: Approve Service Authorization No. 12-11 in the amount of $33,615.00 to
Kin-ley Horn &Associates, Inc. (RFQ No. 2012-06) for professional services related to
updating the Transportation Element portion of the City's Comprehensive Plan. This is
in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(3),
"Professional Services". Funding is available from 334-3162-541-31.30 (General
Construction Fund: Professional Services/Engineering/Architectural).
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D. RETROACTIVE APPROVAL OF MICROSOFT VOLUME LICENSING
PROGRAM AGREEMENT/SHI INTERNATIONAL CORPORATION:
Request retroactive approval of a Microsoft Volume Licensing Program Agreement with
SHI International Corporation as a sole source at an annual cost of$191,784.71 through
Florida State Microsoft Contract No. 252-001-09-1 for a three (3) year term with an
effective date of September 1, 2013; also authorize payment of Quote No. 8481761 in
the amount of $191,784.71 for FY 2013-2014. This is in compliance with the Code of
Ordinances, Section 36.02(C)(6)(a), "Sole Source" and Section 36.03(A), "Acquisitions
of Twenty-Five Thousand Dollars ($25,000.00) or Greater". Funding is available from
001-1811-513-46.90 (General Fund: Repair & Maintenance Services/Other
Repair/Maintenance Costs).
E. INFORMATION TECHNOLOGY DIVISION/RETROACTIVE APPROVAL
OF PRIOR PURCHASES FOR HARDWARE AND SOFTWARE FROM CDW
GOVERNMENT INC.: Request retroactive approval of prior purchases with CDW-
Government, Inc., in the amount of $41,186.31 for new, replaced and upgraded
computer software and hardware equipment for FY 2013-2014. This is in compliance
with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions
from Vendor Exceeding $25,000.00". Funding was provided through multiple
accounts.
F. INFORMATION TECHNOLOGY DIVISION/RETROACTIVE APPROVAL
OF PRIOR PURCHASES FOR HARDWARE AND SOFTWARE FROM
GOVCONNECTION, INC.: Request retroactive approval of prior purchases to
GovConnection, Inc. in the amount of $37,330.27 for new, replaced and upgraded
computer software and hardware equipment for FY 2013-2014. This is in compliance
with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions
from Vendor Exceeding$25,000.00". Funding was provided through multiple accounts.
G. INFORMATION TECHNOLOGY DIVISION/RETROACTIVE APPROVAL
OF PRIOR PURCHASES FOR HARDWARE AND SOFTWARE FROM
PCMG, INC.: Request retroactive approval of prior purchases to PCMG, Inc. in the
amount of $128,739.87 for new, replaced and upgraded computer software and
hardware equipment for FY 2013-2014. This is in compliance with the Code of
Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor
Exceeding$25,000.00". Funding was provided through multiple accounts.
H. RETROACTIVE APPROVAL OF REIMBURSEMENT TO FLORIDA EAST
COAST (FEC) RAILROAD/S.E. 4TH STREET: Request retroactive approval of a
reimbursement to Florida East Coast (FEC) Railroad in the amount of $31,237.89 for
the reconstruction and maintenance of a railroad crossing located at S.E. 4`h Street
(Project No. 14-091). This is in compliance with the Code of Ordinances, Chapter 36,
Section 36.03(A), "Acquisitions of Twenty-Five Thousand Dollars ($25,000.00) or
Greater". Funding is available from 334-3162-541-46.90 (General Construction Fund:
Repair&Maintenance Services/Other Repair/Maintenance Costs).
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I. TERMINATION OF MEMORANDUM OF AGREEMENT/CITY OF
DELRAY BEACH AND PALM BEACH COUNTY: CATHERINE STRONG
PARK/COUNTY HEAD START FACILITY: Approve execution of the
Termination of Memorandum of Agreement for Palm Beach County to terminate a
Lease Agreement with City for the County Head Start facility site located on a portion
of the Catherine Strong Park lands.
J. RENEWAL OF UMBRELLA AGREEMENT FOR BANKING
SERVICES/BANK OF AMERICA, N.A.: Approve renewal of an umbrella banking
agreement with Bank of America, N.A. (Village of Wellington ITN #023-08/JWV) to
provide banking services through September 30, 2016. This is in compliance with the
Code of Ordinances, Chapter 36, Section 36.07(A)(3), "Renewals". Funding is available
from 001-1511-513-31.90 (General Fund: Professional Services/Other Professional
Services) and 441-5112-536-31.90 (Water and Sewer Fund: Professional Services/Other
Professional Services).
K. LANDSCAPE MAINTENANCE AGREEMENT/RD DELRAY, LLC.,/ SOFA
BUILDING 1: Approve a Landscape Maintenance Agreement between the City and
RD Delray, LLC., to install landscaping material within the right-of-way for SOFA
Building 1 located at S.E. 15` Street, S.E. 2nd Street and S.E. 3rd Avenue.
L. LANDSCAPE MAINTENANCE AGREEMENT/RD DELRAY, LLC.,/ SOFA
BUILDING 2: Approve a Landscape Maintenance Agreement between the City and
RD Delray, LLC., to install landscaping material within the right-of-way for SOFA
Building 2 located at S.E. 2nd Avenue.
M. MAINTENANCE AND SUPPORT AGREEMENT/MOTOROLA, INC.:
Approve a Maintenance and Support Agreement between the City and Motorola, Inc. in
the amount of $127,944.24 for maintenance and support for all of dispatch with the
exception of the law enforcement officers' portable radios. This is in compliance with
the Code of Ordinances, Chapter 36, Section 36.02(6)(a), "Sole Source". Funding is
available from 001-2111-521-46.20 (General Fund: Repair & Maintenance
Services/Equipment Maintenance).
N. MAINTENANCE AGREEMENT/CONTROL COMMUNICATIONS:
Approve a Maintenance Agreement with Control Communications in the amount of
$26,040.00 for maintenance of the XTS3000 portable radios used by police officers.
This is in compliance with the Code of Ordinances, Chapter 36, Section 36.07(A)(3),
"Renewals" and Section 36.02(C)(6)(b), "City Standard". Funding is available from 001-
2111-521-46.20 (General Fund: Repair & Maintenance Services/Equipment
Maintenance).
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O. AGREEMENT/UNITED STATES DEPARTMENT OF JUSTICE, DRUG
ENFORCEMENT ADMINISTRATION (DEA)/CONTROLLED
PHARMACEUTICALS: Approve and accept a State and Local Task Force
Agreement between the City and the United States Department of Justice, Drug
Enforcement Administration (DEA), to reimburse the Delray Beach Police Department
for overtime up to $17,374.00 (subject to the availability of funds), to disrupt and
dismantle individuals and organizations involved in diversion schemes of controlled
pharmaceuticals.
P. AGREEMENT/UNITED STATES DEPARTMENT OF JUSTICE, DRUG
ENFORCEMENT ADMINISTRATION (DEA)/ILLEGAL NARCOTICS
AND DANGEROUS DRUGS: Approve and accept a State and Local Task Force
Agreement between the City and the United States Department of Justice, Drug
Enforcement Administration (DEA), to reimburse the Delray Beach Police Department
for overtime up to $17,374.00 (subject to the availability of funds), disrupt the illicit
drug trafficking in illegal narcotics and dangerous drugs.
Q. APPOINTMENT OF AN ASSISTANT CITY ATTORNEY: Approve the
appointment of Mr. Michael Dutko for the position of Assistant City Attorney.
R. RATIFICATION OF APPOINTMENTS TO THE PARKING
MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of
regular representatives Mr. Albert Richwagen for Downtown Development Authority
(DDA), Mr. Peter Perri for West Atlantic Redevelopment Coalition (WARC) and Mr.
William Morse for the Chamber of Commerce; and ratify the appointment of alternate
member Mr. Christopher Davey for the Planning & Zoning Board for two (2) year
terms ending July 31, 2016.
S. PROCLAMATIONS:
1. None
T. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
August 25,2014 through September 6,2014.
U. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Otto Environmental Services, LLC. (Bid No. 2014-20) the lowest
responsive bidder, in the amount of $60,000.00 for the purchase of hot-stamped
garbage carts, lids and wheels to be ordered "as needed". This is in compliance
with the Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed
Competitive Method". Funding is available from 433-3711-534-49.35
(Sanitation Fund: Other Current Charges/Cart Renewal&Replacement).
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2. Purchase award to Hall-Mark Fire Equipment in the total amount of
$272,417.00 for a new Horton ALS Rescue Ambulance through the Florida
Sheriffs Association Contract No. 11-10-1202. This is in compliance with the
Code of Ordinances, Section 36.02(C)(7)(a), "Utilization of Other
Governmental Entities' Contracts". Funding is available from 501-3312-591-
64.25 (Garage Fund: Machinery/Equipment/Heavy Equipment).
9. REGULAR AGENDA:
A. WAIVER REQUEST/PERIWINKLE: Consider approval of a request for waiver to
Land Development Regulations (LDR) Section 4.4.13(14)(4)(a)(2), "Central Business
District (CBD) Guidelines; Front Setbacks",which requires a minimum front setback of
five feet (5'), a zero foot (0') setback is proposed for Perwinkle, located at 339 East
Atlantic Avenue. (Quasi-judicial Hearing)(Motion to adopt board order;Approved, 5-0)
B. IN-LIEU OF PARKING FEE REQUEST/DELRAY TACO, LTD d/b/a
ROCCO'S TACOS: Consider approval of a request from Delray Taco, Ltd d/b/a
Rocco's Tacos for the purchase of four (4) in-lieu parking spaces located at 110 East
Atlantic Avenue at a cost of$62,400.00 each totaling $15,600.00 to be paid in full upon
issuance of a building permit. (Quasi-judicial Hearing) (Motion to adopt board order;
Approved,5-0)
C. VETERAN'S DAY AS AN ADDITIONAL CITY EMPLOYEES' PAID
HOLIDAY: Consider approval of a recommendation to afford City of Delray Beach
employees Veteran's Day as an additional paid holiday. (Motion to approve; Approved, 5-
0)
D. DISCUSSION/CITY COMMISSION WORKSHOP MEETING IN
NOVEMBER 2014: Discussion regarding rescheduling of the November 11,2014 City
Commission Workshop Meeting. (Motion to reschedule meeting to November 13, 2014;
Approved,5-0)
E. RESOLUTION NO. 50-14: RENEWAL OF INSURANCE POLICY/FLORIDA
MUNICIPAL INSURANCE TRUST (FMIT): Consider approval of Resolution
No. 50-14; waiving the requirement of the City's procurement code and not utilize a
competitive selection method per the Code of Ordinances, Chapter 36, Section
36.02(A)(1), "Competitive Bids", for procuring an insurance policy for Property,
Casualty, Excess Liability and Excess Workers' Compensation coverage; also
recommend approval to renew the City's insurance policy and payment of the
premium to Florida Municipal Insurance Trust (FMIT) in the amount of$1,507,428.00
for liability insurance, property damage insurance and workers' compensation insurance
for FY 2014-15. Funding is available from 551-1575-591-45.11 (Insurance Fund:
Insurance/General Liability Premium), 551-1575-591-45.31 (Insurance Fund:
Insurance/Package Policy Premium) and 551-1575-591-45.32 (Insurance Fund:
Insurance/ Excess Work/Compensation Premium). (Motion to approve Resolution No.
50-14;Approved,5-0)
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F. RESOLUTION NO. 52-14; RETROACTIVE APPROVAL OF PRIOR
PURCHASES AND INCREASE EXPENDITURE LIMIT FOR FY 2013-
2014/ARMCHEM INTERNATIONAL: Consider approval of Resolution No. 52-
14 declaring by a four-fifths affirmative vote that the City's sealed competitive method
or written quotations procurement method for the purchase is not in the best interest of
the City; request retroactive approval of prior purchases in the amount of $41,117.68;
request approval to increase the expenditure limit for Armchem International to an
amount not to exceed $50,000.00 for toilet paper and other supplies for FY 2013-2014.
This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(11),
"Best Interest Acquisitions" and Section 36.02(C)(6)(a), "Sole Source". Funding is
available from multiple accounts. (Motion to approve Resolution No. 52-14;Approved, 5-0)
G. RESOLUTION NO. 51-14/AMENDMENT NO. 1 TO THE INTERIM
SERVICE AGREEMENT/WASTE MANAGEMENT, INC. FLORIDA:
Approve Resolution No 51-04; approving an Amendment to the Continuity of Services
and Settlement Agreement with Waste Management Inc. of Florida to provide for the
continuation of garbage and recycling collection services while the city engages in a
competitive solicitation; declaring by a four-fifths affirmative vote that the City's sealed
competitive method or written quotations procurement method for this amendment
one to the temporary continuation of services agreement is not in the best interest of
the City. (Motion to approve Resolution No. 51-14;Approved, 5-0)
H. ADDENDUM NO. 1 TO THE CONTRACT FOR SALE AND PURCHASE
OF OLD SCHOOL SQUARE GARAGE ARTS UNIT: Motion to approve
Addendum No. 1 to the Contract for Sale and Purchase of the Old School Square
Garage Arts Unit to extend the deadline until October 1, 2014 for the City to provide
the survey information and extend the Buyer's inspection period until November 15,
2014. (Motion to approve Addendum No. 1;Approved,5-0)
I. NOMINATIONS FOR APPOINTMENT TO THE AFFORDABLE
HOUSING ADVISORY COMMITTEE: Nomination for appointment of one (1)
regular member to serve an unexpired term ending July 31, 2015 and one (1) regular
member to serve a two (2) year term ending July 31, 2016 to the Affordable Housing
Advisory Committee. Based on the rotation system, the nominations for appointment
will be made by Mayor Glickstein (Seat #5) and Vice-Mayor Petrolia (Seat #1).
(Appointed Rosanna Tartaro and approved 5-0;Appointed Pearl Markfield Elrod and approved
5-0)
J. NOMINATIONS FOR APPOINTMENT TO THE PUBLIC EMPLOYEES
RELATIONS COMMISSION: Nominations for appointment of one (1) regular
member to serve a four (4) year term ending January 29, 2018; and one (1) regular
member and one (1) alternate member to serve four (4) year terms ending June 30, 2018
to the Public Employees Relations Commission. Based on the rotation system, the
nominations for appointment will be made by Mayor Glickstein (Seat #5), Vice-Mayor
Petrolia (Seat #1) and Commissioner Jacquet (Seat #2). (It was the consensus of the
Commission to defer all nominations until further notice)
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K. ESTOPPEL CERTIFICATE/SPF5 MIDTOWN DELRAY, LLC.: Consider
approval of the Estoppel Certificate as requested by SP5 Midtown Delray, LLC and its
attorney to facilitate the sale of Midtown Delray located at 2200 Blood Grove Circle.
(ADDENDUM)(Motion to approve the Estoppel Certificate as amended;Approved,5-0)
10. PUBLIC HEARINGS:
A. RESOLUTION NO. 46-14 (FINAL MILLAGE LEVY A resolution levying a tax
on all properties within the City of Delray Beach for operation and maintenance and for
payment of principal and interest on bonded indebtedness for FY 2015. (Motion to
approve;Approved, 5-0)
B. RESOLUTION NO. 47-14 (MILLAGE LEVY/DDA)- A resolution levying a tax
on all properties within the Downtown Development Authority Taxing District of the
City of Delray Beach for FY 2015. (Motion to approve;Approved, 4-1. Vice Mayor Petrolia
dissenting)
C. RESOLUTION NO. 48-14 (BUDGET ADOPTION FOR FY 2015 A resolution
tentatively making appropriations of sums of money for all necessary expenditures of
the City of Delray Beach for the period October 1, 2014 through September 30, 2015.
(Motion to approve;Approved,4-1.Vice Mayor Petrolia dissenting)
1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN:
Accept the Planning and Zoning Board's finding that the proposed Five Year
Capital Improvement Plan for FY 2014-2015 through FY 2015-2018 and FY
2015 Capital Improvement Budget are consistent with the Comprehensive Plan.
(Motion to approve;Approved, 5-0)
D. 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, authorizing the City to sell the Neighborhood Stabilization Program
(NSP) property located at 513 S.W. 15`''Avenue to Raymonde Marcel for the purchase
price of$97,347.00 or appraised value and provide subsidy up to $10,000.00 secured by
promissory note and second mortgage. This is in compliance with the Code of
Ordinances, Chapter 36, Section 36.12, "Sale of Real Property". (Motion to approve;
Approved,5-0)
E. RESOLUTION NO. 36-14/ CONTRACT FOR SALE AND PURCHASE: 232
N.W. 8TH AVENUE: Consider approval of Resolution No. 36-14 authorizing the City
to transfer/sell a City owned property to the Delray Beach Community Land Trust
(DBCLT) in the amount of Ten Dollars and 00/100 cents ($10.00) for affordable
housing purposes for the property located at 232 N.W. 8`'' Avenue. This is in
compliance with the Code of Ordinances, Chapter 36, Section 36.12, "Sale of Real
Property". (Motion to approve;Approved, 5-0)
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F. ORDINANCE NO. 26-14 (SECOND READING. An ordinance amending
Chapter 51, "Garbage and Trash", of the Code of Ordinances by amending Section
51.70, "Regular Charges Levied", to provide for increased residential and commercial
collection service rates for FY 2015. (Motion to approve;Approved,5-0)
G. ORDINANCE NO. 27-14 (SECOND READING. Consider modifying the
Community Redevelopment Plan for the City of Delray Beach; finding that the
modifications conform to the community Redevelopment Act of 1969, as amended;
finding that the modifications are consistent with the City of Delray Beach's
Comprehensive Plan, and making further findings pursuant to the applicable
requirements of Florida Statute 163.360. (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: SEPTEMBER 8, 2014
***Meeting adjourned at 10.•48 p.m.
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