11-04-14 Agenda Results Regular Meeting City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, November 4,2014
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.
C. Citizens that request to do a presentation that is on a portable flash drive device or a CD/DVD, must
provide their media to the City Clerk no later than 12:00 p.m. one day prior to the meeting where they wish
to present.
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. Recognizing and commending Jeff and Julie Kadel for their dedication and service in the
community with the Delray Beach Miracle League.
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. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000
WITH BROWN BROTHERS CONSULTING, INC.: Authorize prior approval
for annual spending with Brown Brothers Consulting, Inc. in an amount not to exceed
$50,000.00 for business cards, sizable print jobs, binding and finishing, brochures and
poster boards with stands (design, layout and print), specialty paper products and
specialty printing and mailing services. This is in compliance with the City Code of
Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section
36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions
Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding
$25,000.00 in Any Fiscal Year".
B. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000
WITH A&A ASSOCIATES INTERNATIONAL: Authorize prior approval of
annual spending with A&A Associates International in an amount not to exceed
$100,000.00 to provide short term temporary staffing in departments due to resignation
and vacancies. This is in compliance with the City Code of Ordinances Chapter 36,
Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations
Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B),
"Multiple Acquisitions from Vendor Exceeding$25,000.00 in Any Fiscal Year".
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C. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000
WITH MANPOWER: Authorize prior approval of annual spending with Manpower
an amount not to exceed $100,000.00 to provide short term temporary staffing in
departments due to resignation and vacancies. This is in compliance with the City Code
of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section
36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions
Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding
$25,000.00 in Any Fiscal Year".
D. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000
WITH ROBERT HALF: Authorize prior approval of annual spending with Robert
Half in an amount not to exceed $100,000.00 to provide short term temporary staffing
in departments due to resignation and vacancies. This is in compliance with the City
Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method";
Section 36.02 (B), "Written Quotations Method"; Section 36.02(C), "Direct
Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor
Exceeding$25,000.00 in Any Fiscal Year.
E. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000
WITH WELLS FARGO: Authorize prior approval of annual spending with Wells
Fargo in an amount not to exceed $100,000.00 to provide short term temporary staffing
in departments due to resignation and vacancies. This is in compliance with the City
Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method";
Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions
Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding
$25,000.00 in Any Fiscal Year".
F. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000
WITH OFFICE TEAM: Authorize prior approval of annual spending with Office
Team in an amount not to exceed $100,000.00 to provide short term temporary staffing
in departments due to resignation and vacancies. This is in compliance with the City
Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method";
Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions
Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding
$25,000.00 in Any Fiscal Year".
G. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000
WITH UNITED STATES POSTAL SERVICE: Authorize prior approval of
annual spending with the United States Postal Service in an amount not to exceed
$75,000.00 for postage. This is in compliance with the City Code of Ordinances Chapter
36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written
Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section
36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal
Year".
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H. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000
WITH CDW-GOVERNMENT FOR INFORMATION TECHNOLOGY
EQUIPMENT AND SERVICES: Authorize prior approval of spending with CDW-
Government in an amount not to exceed $200,000.00 for the acquisition of hardware
and software maintenance, renewals of maintenance agreements, and equipment that is
included in the approved Capital Improvement Plan such as printers, scanners, plotters,
laptops, software, higher end PC's for engineering functions and video surveillance
cameras and network cabling. This is in compliance with the City Code of Ordinances
Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written
Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section
36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal
Year".
I. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000
WITH GOVCONNECTION FOR INFORMATION TECHNOLOGY
EQUIPMENT AND SERVICES: Authorize prior approval of spending with
GovConnection in an amount not to exceed $100,000.00 for the acquisition of
hardware and software maintenance, renewals of maintenance agreements, and
equipment that is included in the approved Capital Improvement Plan such as printers,
scanners, plotters, laptops, software, higher end PC's for engineering functions and
video surveillance cameras and network cabling. This is in compliance with the City
Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method";
Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions
Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding
$255000.00 in Any Fiscal Year".
J. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000
WITH PCMG FOR INFORMATION TECHNOLOGY EQUIPMENT AND
SERVICES: Authorize prior approval of spending with PCMG in an amount not to
exceed $200,000.00 for the acquisition of hardware and software maintenance, renewals
of maintenance agreements, and equipment that is included in the approved Capital
Improvement Plan such as printers, scanners, plotters, laptops, software, higher end
PC's for engineering functions and video surveillance cameras and network cabling.
This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A),
"Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section
36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions
from Vendor Exceeding$25,000.00 in Any Fiscal Year".
K. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000
WITH PALM BEACH NEWSPAPERS, INC.: Authorize prior approval of
spending with Palm Beach Newspapers, Inc. in an amount not to exceed $60,000 for
bidding activities and to meet legal notice requirements regarding ordinances by several
departments. This is in compliance with the City Code of Ordinances Chapter 36,
Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations
Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B),
"Multiple Acquisitions from Vendor Exceeding$25,000.00 in Any Fiscal Year".
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L. MEMORANDUM OF UNDERSTANDING/DEPARTMENT OF HIGHWAY
SAFETY AND MOTOR VEHICLES: Approve a Memorandum of Understanding
with the Florida Department of Highway Safety and Motor Vehicles to give the Delray
Beach Police Department electronic access to the Driver and Vehicle Information
Database (D.A.V.I.D.) which allow searches for driver's license and vehicle records to
aid law enforcement in investigations.
M. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRAI/TENNIS CENTER SPONSORSHIP: Approve an Interlocal
Agreement between the City and the Community Redevelopment Agency (CRA) for the
sponsorship of City tennis tournament, Delray Beach Open by the Venetian Las Vegas,
for FY 14-15.
N. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD: Approve and ratify the appointment of alternate representative
Mr. David Cook for a two (2) year term ending July 31,2016.
O. APPOINTMENT OF A STAFF ASSISTANT CITY ATTORNEY: Approve the
appointment of Ms. Stephanie Spritz for the position of Staff Assistant City Attorney.
P. PROCLAMATIONS:
1. None
Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
October 13, 2014 through October 24, 2014.
R. AWARD OF BIDS AND CONTRACTS:
1. Bid award to ConSery Building Services (Bid No. 2014-43) for HVAC
chiller maintenance and service at City Hall in the amount of$14,664.00
and the Delray Beach Library in the amount of $14,064.00 for a total
cost of $28,728.00. This is in compliance with the City Code of
Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive
Method". Funding is available from 001-3431-519-46.10 (General Fund:
Repair & Maintenance Service/Building Maintenance) and 001-3431-
519-46.20 (General Fund: Repair & Maintenance Service/Equipment
Maintenance).
2. Award to Sanders Company, Inc., a single source supplier, in the
amount of$48,606.00 for the purchase of a replacement transfer pump
at the Water Treatment Plant (WTP). Funding is available from 442-
5178-536-64.90 (Water & Sewer Renewal & Replacement Fund:
Machinery/ Equipment/ Other Machinery/ Equipment).
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9. REGULAR AGENDA:
A. WAIVER REQUEST/SPODAK DENTAL GROUP: Consider approval of a
waiver request to Land Development Regulations (LDR) Section 4.6.7(E)(7), "Design
Standard Matrix", to allow the installation of a monument sign to be placed in the bio
swale area for Spodak Dental Group located at 3911 West Atlantic Avenue. (Quasi-
Judicial Hearing)(Motion to adopt board order;Approved, 5-0)
B. RESOLUTION NO. 57-14/GRANICUS, INC.: Consider approval of Resolution
No. 57-14; approving the continuation of services for video/audio streaming of
Commission meetings and audio streaming of the City's emergency radio station while
the City engages in a competitive bid solicitation; 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. This is in compliance
with the City Code of Ordinances Chapter 36, Section 36.02(c)(11), "Best Interest
Acquisition". Funding is available from 001-1316-512-46.90 (General Fund: Repair &
Maintenance Service/Other Repair/Maintenance Costs). (Motion to approve; Approved,
5-0)
C. CONSULTANT SERVICES FOR SOLID WASTE AND RECYCLING
COLLECTION SERVICES RFP: Motion to approve a consultant services
agreement with Mr. David Dee in an amount not to exceed $20,000.00 to finalize an
award of the Solid Waste and Recycling Collection Services RFP. This is in compliance
with the City Charter, Section 4.08(A), "Legal Counsel Appointment, Removal
Compensation;Appointment". (Motion to approve;Approved, 5-0)
D. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000
WITH KONICA MINOLTA BUSINESS SOLUTIONS: Consider prior approval
of annual spending with Konica Minolta Business Solutions in an amount not to exceed
$60,000.00 via Florida State Contract #600-000-11-1 for multiyear lease agreements for
the acquisition of copiers and related services from Konica Minolta Business Solutions.
This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A),
"Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section
36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions
from Vendor Exceeding $25,000.00 in Any Fiscal Year". (Motion to approve; Approved,
5-0)
E. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000
WITH OFFICE DEPOT: Consider prior approval of annual spending with Office
Depot in an amount not to exceed $150,000 via Florida State Contract #618-000-11-1
for office and educational consumables. This is in compliance with the City Code of
Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section
36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions
Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding
$25,000.00 in Any Fiscal Year". (Motion to approve;Approved, 5-0)
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F. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000
WITH RED WING SHOE COMPANY: Consider prior approval of annual
spending with Red Wing Shoe Company in an amount not to exceed $35,000 via
Brevard County Central Services contract P-2-12-19 for acquisitions of safety shoes.
This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A),
"Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section
36.02(C) "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions
from Vendor Exceeding $25,000.00 in Any Fiscal Year". (Motion to approve; Approved,
5-0)
G. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000
WITH RICOH USA, INC.: Consider prior approval of annual spending with Ricoh
USA, Inc.,in an amount not to exceed $60,000 via on Miami Dade contract#033KK11
for multiyear lease agreements for the acquisition of copiers and related services from
Ricoh USA, Inc. This is in compliance with the City Code of Ordinances Chapter 36,
Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations
Method"; Section 36.02(C) "Direct Acquisitions Method" and Section 36.03(B),
"Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". (Motion
to approve;Approved, 5-0)
H. PURCHASE AWARD/MUNICIPAL EQUIPMENT COMPANY, LLC
M( ECO). Consider approval of a purchase award to Municipal Equipment Company,
LLC (MECO) in the amount of $32,331.00 for 15 sets of Firefighting Protective
Equipment based on the Lake County Contract#12-0806M. This is in compliance with
the City Code of Ordinances, Chapter 36, Section 36.02(C)(6)(b), "City Standard" and
Section 36.02(C)(7), "Utilization of Other Governmental Entities' Contracts". Funding
is available from 001-2315-526-64.60 (General Fund: Machinery Equipment/Other
Machinery/Equipment) and 001-2313-522-64.90 (General Fund:
Machinery/Equipment/Other Machinery/Equipment. (Motion to approve; Approved, 5-
0)
10. PUBLIC HEARINGS:
A. AMENDED AND RESTATED DEVELOPMENT AGREEMENT
REGARDING ATLANTIC CROSSING AND RELEASE, HOLD HARMLESS
AND INDEMNIFICATION AGREEMENT: Consider approval of an Amended
and Restated Development Agreement ("Amended Agreement") consistent with the
January 2014 site plan approved by the City Commission and the Atlantic Crossing
Conditional Use and Class V Site Plan Approval Staff Letter dated February 12, 2014.
(At the direction of the City Commission this item has been deferred for further
review. Since this matter was previously advertised for action on November 4,
2014, this courtesy notice is included in the agenda.)
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B. ORDINANCE NO. 33-14 (FIRST READING/FIRST PUBLIC HEARING
Imposing a temporary moratorium on the operation of medical marijuana treatment
centers and dispensing organizations within the city for a period of one (1) year. If
passed, a second public hearing will be held on November 18, 2014. (Motion to approve;
Approved,3-2. Commissioner Jacquet and Commissioner Frankel dissenting)
11. FIRST READINGS:
A. ORDINANCE NO. 34-14: Consider an amendment to Chapter 32, "Departments,
Boards and Commissions", of the Code of Ordinances; amending the rules for removal
for members of City boards; amending Section 32.15, "Definitions", amending Section
32.17, "Grounds for Removal'; and by repealing Section 32.19, "Vote Necessary for
Removal' in its entirety. If passed, a public hearing will be held on November 18, 2014.
(Motion to approve as amended;Approved, 5-0)
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: OCTOBER 27, 2014
***Meeting adjourned at 7•39 p.m.
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