10-21-14 Agenda Results Regular Meeting City of Delray Beach
Regular Commission Meeting
****AGENDA RESULTS****
Tuesday, October 21, 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 Frankel was absent. Commissioner Jacquet left at 9:17 p.m.)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. None
5. PRESENTATIONS:
A. RESOLUTION NO. 56-14: Approve Resolution No. 56-14 recognizing and
commending Leon Slydell for 30 years of dedicated service to the City of Delray Beach.
(Approved,4-0)
B. Spotlight on Education Presentation
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 staff requested Item 9.D., Agreement/RCC
Consultants be removed.Approved as amended,4-0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended,4-0)
A. FINAL SUBDIVISION PLAT APPROVAL/ST. GEORGE: Approve a final plat
for St. George, a 38-unit Townhouse Project located on the east side of North Federal
Highway,approximately 360 feet north of George Bush Boulevard.
B. FINAL SUBDIVISION REPLAT APPROVAL/CODA TOWNHOUSE
DEVELOPMENT: Approve a final plat to be known as Coda , a 38-unit Townhouse
Project located on the east side of North Federal Highway, approximately 360 feet
north of George Bush Boulevard.
C. ACCEPTANCE OF A RIGHT OF WAY DEED/SWINTON SOCIAL: Approve
acceptance of a right-of-way dedication for the alley and S.E. 1st Street and 20' x 20'
corner clip associated with the approved adaptive reuse of the properties for 27-43
South Swinton Avenue located in the Old School Square Historic Arts District
(OSSI IAD).
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D. ACCEPTANCE OF A RIGHT OF WAY DEED/SE 2ND AVENUE PARKING
LOT: Approve acceptance of a right-of-way dedication for the 2' alley for Lots 6 and
7, Block 87, Linn's Addition to Osceola Park, associated with the SE 2nd Ave Parking
Lot Project.
E. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRAI/CONSTRUCTION PROFESSIONAL SERVICES FY 2014-
2015: Approve an Interlocal Agreement between the City and Community
Redevelopment Agency (CRA) for funding of various construction projects and
professional services.
F. GRANT APPLICATION AND AWARD/FDOT FOR
PEDESTRIAN/BICYCLE SAFETY EDUCATION AND ENFORCEMENT
PROGRAM: Approve the submittal of an application and acceptance of an award to
the Police Department in the amount of $46,867.20 from the Florida Department of
Transportation (FDOT) for the pedestrian and bicycle safety education and
enforcement program.
G. ANNUAL PROJECT HOLIDAY/YOU ARE NOT ALONE SUPPORT:
Approve a request for city support and assistance for the 91'' Annual Project Holiday
sponsored by the You Are Not Alone Organization,which provides packages to armed
services personnel.
H. PROCLAMATIONS:
1. Delray Reads Day!—November 6,2014
I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
September 29, 2014 through October 10, 2014.
J. AWARD OF BIDS AND CONTRACTS:
1. Contract award to All Webb's Enterprises, Inc., in the amount of
$94,600.00 for the Production Well Rehabilitation project (Bid No.
2014-44). This is in compliance in Chapter 36, Section 36.02 (A), "Sealed
Competitive Method". Funding is available from 442-5178-536-68.14
(Water and Sewer Renewal and Replacement Fund: Improvements
Other/Production Well Rehabilitation).
2. Bid award to Elev8 Sports Institute, Inc., in an amount not to exceed
$75,840.00 for the for Landscape Maintenance services for Seacrest
Soccer and HillTopper Stadium. This is in compliance in Chapter 36,
Section 36.02(A), "Multiple acquisitions from vendor exceeding $25,000
in any Fiscal Year". Funding is available from 001-4131-572-34.90
(General Fund: Other Contractual Service).
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9. REGULAR AGENDA:
A. WAIVER REQUEST/920 SEASAGE DRIVE: Consider approval of a waiver
request to Land Development Regulations (LDR) Section 4.3.4(1), "Development
Standard Matrix", to reduce the lot frontage from 100' feet to 95' feet and the lot width
from 100' feet to 87' feet for Lot 3; and to reduce the lot width from 100' to 96' for Lot
4 for the property located at 920 Seasage Drive. (Quasi-judicial Hearing) (Motion to
adopt the board order as presented; Approved, 3-0. Second motion to approve the waiver
request;Approved,3-0)
B. REQUEST FOR A SIDEWALK DEFERRAL/1230 SEASPRAY AVENUE:
Consider an agreement to defer installing a sidewalk for the Hutchinson Residence
located at 1230 Seaspray Avenue within the Seagate Overlay District to allow future
construction of a sidewalk along the south side of Seaspray Avenue. (Quasi-judicial
Hearing) (Motion to adopt the board order as presented; Approved, 3-0. Second motion to
approve the sidewalk deferral;Approved, 3-0)
C. CONTRACT AWARD/HINTERLAND GROUP, INC.: Consider approval of a
contract award to Hinterland Group, Inc. in the amount of $51,400.00 through an
active contract with Palm Beach County (Contract #WUD 12-063) for sewer repairs on
Dotterel Road. This is in compliance with Chapter 36, Section 36.02 (C)(7),"Utilization
of Other Governmental Entities' Contracts". Funding is available from 441-5178-536-
46.24 (Water & Sewer Fund: Professional Services/Other Professional Services).
(Motion to approve;Approved, 3-0)
D. AGREEMENT/RCC CONSULTANTS, INC.: Consider approval of an
Agreement with RCC Consultants, Inc., in the amount of$32,599.86 with an additional
$20,000 if the tower structural modifications or antenna changes are needed, for
professional services related to the migration of the City's communications system to
Project 25. This is in compliance with Code of Ordinances, Chapter 36, Section 36.02
(C)(6)(b), "City Standard". Funding is available from 001-2111-521-34.90 (General
Fund: Other Contractual Service). (REMOVED)
E. PURCHASE AWARD/PVS TECHNOLOGIES, INC.: Consider approval of a
purchase award to PVS Technologies, Inc., utilizing an active contract with Palm Beach
County, Florida (Bid #14-035R/SWC) in an annual amount not to exceed $310,000.00
for the purchase and delivery of liquid Ferric Chloride for use at the Water Treatment
Plant. This is in compliance with Chapter 36, Section 36.02 (C)(7),"Utilization of Other
Governmental Entities' Contracts". Funding is available from 441-5122-536-52.21
(Water and Sewer Fund: Operating Supplies/Chemicals). (Motion to approve; Approved,
3-0)
F. EXPENDITURE LIMIT/ODYSSEY MANUFACTURING: Consider approval
of an expenditure limit not to exceed $310,000 annually with Odyssey Manufacturing
for purchase of Sodium Hypochlorite for the Water Treatment Plant; utilizing a City of
Eustis contract, subject to the City of Eustis contract remaining valid through June 23,
2016. Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating
Supplies/Chemicals). (Motion to approve;Approved, 3-0)
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G. EXPENDITURE LIMIT/PROLIME CORPORATION: Consider approval of an
expenditure limit not to exceed $310,000 annually with Prolime Corporation for hauling
of lime slurry from the Water Treatment Plant, subject to the City renewing the
agreement annually through December 19, 2017. Funding is available from 441-5122-
536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). (Motion to approve;
Approved,3-0)
H. SAFETY MEASURES FOR MOTORISTS AND PEDESTRIANS ALONG
BARWICK ROAD: Provide direction and consider approval of one of the options for
additional safety measures for motorists and pedestrians along Barwick Road. Funding
is available from the transfer of funds from the Roadway Resurfacing Operating
Account ($200,000) to the Barwick Road Project. (Motion to approve Option #5;
Approved,3-0)
L VALET PARKING LICENSE AGREEMENTS: Consider approval of the valet
license agreements with the restaurants noted below. (Motion to approve Valet Parking
License Agreement Items 9.L1.—9.L7., contingent upon letters being sent to restaurant owners
with valet queues to advise that improper behavior of their valet parking staff could result in
their agreement being terminated;Approved, 3-0)
1. VALET PARKING LICENSE AGREEMENT/THE AVENUE BAR &
GRILL d/b/a 32 EAST: Consider approval of a valet parking license
agreement with The Avenue Bar & Grill d/b/a 32 East located at 32 East
Atlantic Avenue.
2. VALET PARKING LICENSE AGREEMENT/TAVERNA OPA
ATLANTIC, LLC., d/b/a TAVERNA OPA: Consider approval of a valet
parking license agreement with Taverna Opa Atlantic, LLC., d/b/a Taverna
Opa located at 270 East Atlantic Avenue.
3. VALET PARKING LICENSE AGREEMENT/169 NE 2ND LLC., d/b/a
MAX'S HARVEST: Consider approval of a valet parking license agreement
with 169 N.E. 2nd LLC., d/b/a Max's Harvest located at 169 N.E. 2nd Avenue.
4. VALET PARKING LICENSE AGREEMENT/LSMS, INC., d/b/a
TRAMONTI: Consider approval of a valet parking license agreement with
LSMS, Inc. d/b/a Tramonti located at 111 East Atlantic Avenue.
5. VALET PARKING LICENSE AGREEMENT/CUT 432, LLC., d/b/a
CUT 432: Consider approval of a valet parking license agreement with Cut
432,LLC.,d/b/a Cut 432 located at 432 East Atlantic Avenue.
6. VALET PARKING LICENSE AGREEMENT/CAFFE LUNA ROSA
INC., d/b/a CAFFE LUNA ROSA: Consider approval of a valet parking
license agreement with Caffe Luna Rosa, Inc. LLC., d/b/a Caffe Luna Rosa
located at 34 South Ocean Boulevard.
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7. VALET PARKING LICENSE AGREEMENT/DELRAY TACOS, LLC.,
d/b/a ROCCO'S TACOS: Consider approval of a valet parking license
agreement with Delray Tacos, LLC., d/b/a Rocco's Tacos located at 110 East
Atlantic Avenue.
J. 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 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). (REMOVED)
K. 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 an unexpired term ending August 31, 2016. Based
on the rotation system, the nomination for appointment will be made by Commissioner
Jarjura (Seat#4). (Appointed Steven Mackey and approved 3-0)
L. NOMINATION FOR APPOINTMENT TO THE HISTORIC
PRESERVATION BOARD: Nomination for appointment of one (1) regular
member to the Historic Preservation Board to serve an unexpired term ending August
31, 2016. Based on the rotation system, the appointment will be made by Mayor
Glickstein (Seat#5). (Appointed Rhonda Sexton and approved 3-0)
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.
(NO ACTION TAKEN)
11. FIRST READINGS:
A. None
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12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: OCTOBER 13, 2014
*****MEETING ADJOURNED AT 10:55 P.M.*****
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