10-07-14 Agenda Results Regular Meeting City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, October 7,2014
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. August 19,2014—Regular Meeting (Approved, 5-0)
5. PRESENTATIONS:
A. Palm Beach County Sports Destination Presentation—Margie Walden
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.C., Request Retroactive Approval of FY
2014 Purchases from Office Depot, was moved to the Regular Agenda as Item 9.A.A.; Item 9.C.,
Request for Sidewalk Deferral/1230 Seaspray Avenue,be removed.Approved as amended,5-0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended,5-0)
A. FINAL SUBDIVISION PLAT APPROVAL/DELRAY HONDA: Approve a
final plat for Delray Honda located on the west side of South Federal Highway,north of
Lamat Avenue.
B. FINAL SUBDIVISION PLAT APPROVAL/WINDSOR DEVELOPMENT
PLAT: Approve a final plat for a townhouse development project being platted as
Windsor Development located at 141 Venetian Drive.
C. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA)
D. CHANGE ORDER NO. 3/SEALAND CONTRACTORS CORPORATION:
Approve Change Order No. 3 in the amount of $111,592.56 to Sealand Contractors
Corporation for a nine (9) day extension of time; and additional work for the Federal
Highway Beautification Project (Bid No. 2012-21). This is in compliance with Code of
Ordinances, Chapter 36, Section 36.06(A)(1), "City Commission Approved Contracts,
Beyond The Scope of Work",and Section 36.06(A)(3), "City Commission Approved
Contracts, Extension of Completion Dates". Funding is to be paid out of the Contract's
Undefined General Allowance.
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E. WORKFORCE HOUSING COVENANT/CITY OF DELRAY BEACH AND
MONOGRAM RESIDENTIAL DELRAY II PROJECT OWNER,
LLC./UPTOWN DELRAY: Approve a Workforce Housing Covenant, as proposed
between the City of Delray Beach and Monogram Residential Delray II Project Owner,
LLC., for Uptown Delray.
F. HOLD HARMLESS AGREEMENT/3933 LONE PINE ROAD: Approve a
Hold Harmless Agreement with Mr. and Mrs.Jeremy Office to construct a tennis court
in the City's Utility Easement for the property located at 3933 Lone Pine Road.
G. RATIFICATION OF AN EMERGENCY EXPENDITURE/REQUEST TO
INCREASE THE SPENDING LIMIT FOR FY 2013-2014 AND FY 2014-
2015/ATLANTIC REFRIGERATION: Approve a request to ratify an emergency
expenditure in the amount of $51,870.00; and increase the funding limit with Atlantic
Refrigeration (Bid No. 2010-10) in the annual amount not to exceed $200,000.00 for FY
13/14 and FY 14/15; subject to appropriate funds. This is in compliance with Code of
Ordinances, Chapter 36, Section 36.03(B), Multiple Acquisitions from a Vendor
Exceeding $25,000.00 in any Fiscal Year". Funding is available from multiple
departments.
H. FY 2015 GOLF RATES/DELRAY BEACH MUNICIPAL GOLF COURSE:
Approve the proposed maximum rates for the Delray Beach Municipal Golf Course.
I. FY 2015 TENNIS RATES/TENNIS FACILITIES: Approve the proposed
maximum rates for the Tennis Facilities.
J. FY 2015 GOLF RATES/ LAKEVIEW GOLF COURSE: Approve the proposed
maximum rates for the Lakeview Golf Course.
K. LANDSCAPE MAINTENANCE AGREEMENT/SEAGATE YACHT CLUB,
LLC.: Approve a Landscape Maintenance Agreement between the City and Seagate
Yacht Club, LLC., to install landscaping material for perpetuity within the right-of-way
of MacFarlane Drive.
L. LANDSCAPE MAINTENANCE AGREEMENT/MONOGRAM
RESIDENTIAL DELRAY II PROJECT OWNER, LLC./UPTOWN DELRAY:
Approve a Landscape Maintenance Agreement between the City and Monogram
Residential Delray II Project Owner, LLC. to install landscaping material for perpetuity
within the right-of-way of S.E. 2nd Street, S.E. 4`''Avenue and S.E. 5`''Avenue.
M. HOUSING REHABILITATION/GRANT AWARD: Award one (1) Housing
Rehabilitation Grant through the Neighborhood Stabilization Program (NSP) to the
lowest responsive bidder, Abisset Corporation, LLC.,in the amount of $33,374.29
under Bid #08-2014NS for 1034 S.W. 7d' Avenue. This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02,(A)(1), "Methods
of Acquisition: Sealed Competitive Method". Funding is available from 118-1924-554-
49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation).
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N. AMENDMENT NO. 1 TO THE INTERLOCAL
AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY
(CM XONSTRUCTION PROFESSIONAL SERVICES: Approve Amendment
No. 1 to the Interlocal Agreement between the City and Community Redevelopment
Agency (CRA) to modify Exhibit "A" to reflect the actual amount of funding provided
by the CRA for the projects at the end of FY 2013/14.
O. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (C"XONSTRUCTION OF PINEAPPLE GROVE NORTH
ENTRANCE FEATURE: Approve an Interlocal Agreement with the Community
Redevelopment Agency (CRA) to fund and manage the construction of the
improvements to be installed on the property to create the Pineapple Grove North
Entrance Feature.
P. CRIMINAL JUSTICE USER AGREEMENTS/FLORIDA DEPARTMENT
OF LAW ENFORCEMENT (FDLE) Approve three (3) Criminal Justice User
Agreements between the City of Delray Beach and Florida Department of Law
Enforcement (FDLE) regarding Criminal Justice Information Services "IS) systems
for the Police Department.
Q. MEMORANDUM OF UNDERSTANDING/PALM BEACH COUNTY LAW
ENFORCEMENT AGENCIES: AUTO THEFT TASK FORCE: Approve a
Memorandum of Understanding between the City and Palm Beach County Law
Enforcement Agencies to empower participating law enforcement agencies to jointly
investigate, apprehend and arrest individuals in an effort to jointly address auto theft
activity and provide law enforcement services within, between and through
unincorporated Palm Beach County and the municipalities included in the agreement.
R. MUTUAL AID AGREEMENT/MULTI-AGENCY BURGLARY
APPREHENSION TASK FORCE: Approve a Mutual Aid Agreement between the
City of Delray Beach and multiple agencies throughout Broward County and Palm
Beach County to implement a task force to combat and apprehend inter-jurisdictional
burglary offenses and activity.
S. REIMBURSEMENT TO FLORIDA EAST COAST (FEC) RAILROAD/S.E.
10TH STREET: Approve a reimbursement to Florida East Coast (FEC) Railroad in the
amount of $62,824.09 for the reconstruction and maintenance of a railroad crossing
located at S.E. 101'' Street (Project No. 14-092). This is in compliance with 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).
T. PROCLAMATIONS:
1. Florida City Government Week—October 19-25,2014
2. Recognizing the 601''Anniversary of Miyazu's incorporation as a City
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3. Recognizing Cool Clothes Closet
U. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
September 8, 2014 through September 26, 2014.
V. AWARD OF BIDS AND CONTRACTS:
1. Bid award in the amount of $30,000.00 to Imperial Electrical, Inc. (Bid No.
2014-27) for the annual electrical lighting for various municipal recreational
facilities. This is in compliance with Code of Ordinances, Chapter 36, Section
36.02, "Methods of Acquisitions". Funding is available from multiple accounts.
2. Multiple awards to listed vendors for the purchase of Chemicals and Fertilizers
through the Co-Op annual contract Bid No. 2014-33 on an "as needed basis" at
an annual expenditure of$230,000.00 for FY 14/15. This is in compliance with
Code of Ordinances, Chapter 36, Section 36.02(8), "Cooperative Acquisitions".
Funding is available from multiple accounts.
9. REGULAR AGENDA:
A.A. REQUEST RETROACTIVE APPROVAL OF FY 2014 PURCHASES FROM
OFFICE DEPOT: Request retroactive approval in the amount of$96,028.23 and an
increase in an amount not to exceed $100,000.00 to Office Depot for office supplies
purchased by various departments in the City during FY 13/14. This is in compliance
with Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from
Vendor Exceeding $25,000.00 in Any Fiscal Year." Funding was provided by multiple
departments. (Motion to approve;Approved, 5-0)
A. WAIVER REQUEST/DEPOT SQUARE APARTMENTS: Consider a waiver
request to Land Development Regulations (LDR) Section, 4.6.70(2), "Off Premise
Signs", for the Depot Square Apartments located at the southwest corner of Lake Ida
Road and Depot Avenue. (Quasi-judicial Hearing)(Motion to adopt the board order as
presented;Approved,4-1. Commissioner Petrolia dissenting)
B. WAIVER REQUESTS/MINDFUL MANAGEMENT: Consider approval of a
request for waiver to Land Development Regulations (LDR) Section 4.6.9(D)(3)(b),
"Driveway Width", and Land Development Regulations (LDR) Section
4.4.13(F)(4)(f)(1), "Paving Materials", for Mindful Management located at 280 and 290
Pineapple Grove Way. (Quasi-judicial Hearing) (First motion to approve LDR Section
4.6.9(D)(3)(b); Approved, 4-1. Commissioner Jacquet dissenting. Second motion to approve
LDR Section 4.4.13(F)(4)(�(1);Approved, 5-0)
C. 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. (REMOVED)
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D. UTILIZATION OF OTHER GOVERNMENTAL ENTITIES' CONTRACTS
FOR SOD, SPRIGS AND GROUND PREPARATION/ODUM'S SOD:
Consider a request to approve the retroactive amount of$31,128.75 to Odum's Sod (via
Palm Beach County School District Contract No. 12C-46K); also request approval to
expend an amount not to exceed $40,000.00 in FY 2014 purchases from Odum's Sod
for turf and turf related purchases. This is in compliance with Code of Ordinances,
Chapter 36, Section 36.02(C)(7), "Methods of Acquisition — Utilization of Other
Governmental Entities' Contracts". Funding is available from multiple accounts.
(Motion to approve;Approved, 5-0)
E. RESOLUTION NO. 53-14: REQUEST RETROACTIVE APPROVAL OF
EXPENDITURES/CEMEX CONSTRUCTION MATERIALS FLORIDA,
LLC.: Consider approval of Resolution No. 53-14; approving the purchase of concrete
materials from Cemex Construction Materials Florida, LLC; declaring by a four-fifths
affirmative vote that the City's sealed competitive method for the purchase is not in the
best interest of the City; request retroactive approval of expenditures in the amount of
$27,675.97 for concrete and other materials used in the construction and repairs of
sidewalks, curbs and driveways in FY 13/14. Funding is available from 001-3113-541-
53.90 (General Fund: Road Materials & Supplies/Other Road Materials). (Motion to
approve;Approved, 5-0)
F. PURCHASE AWARD/MACMILLAN OIL COMPANY: Consider approval of a
purchase award to Macmillan Oil Company in an annual amount not to exceed
$1,500,000.00 for the purchase of bulk fuel for City of Delray Beach vehicles and
equipment utilizing State Contract #405-000-10-1; subject to the appropriation of
funds. 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). (Motion
to approve;Approved, 5-0)
G. PROPOSED CHANGES TO THE RULES OF PROCEDURES FOR THE
CITY COMMISSION: Consider approval of proposed changes to the Commission
Rules of Procedure which clarifies the existing rules of procedure that any
Commissioner may defer a nomination for an appointment of advisory board members
for up to two (2) consecutive Regular Meetings. (Motion to approve Commission Rules of
Procedures as amended;Approved, 5-0)
H. PROPOSED OFFER OF SETTLEMENT/PAMELA HUBBELL VS. CITY OF
DELRAY BEACH: Consider a Proposed Offer of Settlement in the total amount of
$130,000.00 in Pamela Hubbell vs. City of Delray Beach. Staff recommends denial.
(Motion to deny settlement;Approved, 5-0)
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I. RESOLUTION NO. 55-14: TERMINATION OF CONTRACT/REPUBLIC
PARKING SYSTEM AND AWARD OF CONTRACT TO AMERISTAR
PARKING SOLUTIONS: Consider approval of Resolution No. 55-14; declaring by a
four-fifths affirmative vote that Republic Parking System's continued management of
the Old School Square and Federspiel Parking Garages is not in the best interest of the
city and further resolving the continuation of service is in the best interest of the city
declaring by a four-fifths affirmative vote to enter into a management agreement with
Ameristar Parking Solutions, the second ranked respondent to RFP 2014-25. Funding
is available from 001-3151-545-34.90 (General Fund: Other Contractual Services).
(Motion to terminate subject to their (Republic Parking System) agreement to pay 50% of
invoiced services for the month of October to the City; Approved, 5-0. Motion to approve
Resolution No. 55-14;Approved,5-0)
J. NOMINATION OF APPOINTMENT TO THE CODE ENFORCEMENT
BOARD: Nomination for appointment of one (1) alternate member to the Code
Enforcement Board to serve an unexpired term ending January 14, 2016. Based on the
rotation system, the nomination for the appointment will be made by Commissioner
Jacquet (Seat#2). (Appointed Cory Duncan and approved 5-0)
K. NOMINATION FOR APPOINTMENT TO THE BOARD OF
ADJUSTMENT: Nomination for appointment of one (1) alternate member to the
Board of Adjustment to serve an unexpired term ending August 31, 2015. Based on the
rotation system, the nomination for appointment will be made by Commissioner
Frankel (Seat#3). (Appointed Bryan Weber and approved 5-0)
L. NOMINATION FOR APPOINTMENT TO THE POLICE ADVISORY
BOARD: Nomination for appointment of one (1) regular member to the Police
Advisory Board to serve an unexpired term ending July 31, 2015. Based on the rotation
system, the nomination for appointment will be made by Commissioner Frankel (Seat
#3). (Motion to TABLE)
M. NOMINATIONS FOR APPOINTMENT TO THE GREEN
IMPLEMENTATION ADVANCEMENT BOARD: Nominations for
appointment of two (2) alternate members to serve unexpired terms ending July 31,
2015 to the Green Implementation Advancement Board. Based on the rotation system,
the nominations for appointment will be made by Commissioner Frankel (Seat #3) and
Commissioner Jarjura (Seat #4). (Appointed Ann Kingsbury and approved 5-0. Appointed
Katherine Lebovski and approved 5-0)
N. NOMINATION FOR APPOINTMENT TO THE EDUCATION BOARD:
Nomination for appointment of one (1) student member to serve an unexpired term
ending July 31, 2015 to the Education Board. Based on the rotation system, the
nomination for appointment will be made by Commissioner Jarjura (Seat #4).
(Appointed Nikki Dugan and approved 5-0)
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O. RESOLUTION NO. 54-14/ESTABLISHING ZONING IN PROGRESS AS OF
OCTOBER 7, 2014 WITH RESPECT TO ADOPTION OF NEW LAND
DEVELOPMENT REGULATIONS FOR THE CENTRAL BUSINESS
DISTRICT AREAS: Consider approval of Resolution No. 54-14; recognizing that the
City of Delray Beach is considering amendments to the City's Land Development
Regulations (LDR) for the Central Business District (CBD) Areas; invoking the zoning
in progress doctrine with respect to the (Land Development Regulations (LDR)
amendments; providing that, from the date of adoption of this resolution and during
the pendency of the City's consideration of the Land Development Regulations (LDR)
amendments, the City will defer the processing and approval of all applications for any
development or uses inconsistent with the Land Development Regulations (LDR)
amendments. (ADDENDUM) (Motion to approve Resolution No. 54-14 as amended;
Approved,4-1. Commissioner Frankel dissenting)
10. PUBLIC HEARINGS:
A. None
11. FIRST READINGS:
A. ORDINANCE NO. 28-14: An ordinance amending Chapter 32, "Departments,
Boards and Commissions", of the City Code of Ordinances by amending Section 32.15
through Section 32.20, to provide that all future appointed City board members will
now serve at the pleasure of the City Commission; specifically excluding certain City
boards whose membership and removal are governed by state statute or special law. If
passed, a public hearing will be held on October 21, 2014. (Motion to approve;Approve,
5-0)
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: SEPTEMBER 29, 2014
*****Meeting adjourned at 9.•38 p.m.
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