11-18-14 Agenda Results Regular Meeting City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday,November 18,2014
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. (Commissioner Jaquet arrived at 6:03 p.m.)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. None
5. PRESENTATIONS:
A. 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 Item 8.H., Emergency Services
Agreement/Palm Beach County Fire Rescue, was moved to the Regular Agenda as Item 9.A.A.; Item
8.N.1., Bid Award/J.W. Cheatham, LLC., was moved to the Regular Agenda as Item 9.B.B.; staff
requested Item 10.B., Ordinance No. 33-14 (Second Reading/Second Public Hearing) be removed.
Approved as amended,5-0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended,5-0)
A. FIRST AMENDMENT TO AN INTERLOCAL AGREEMENT/PALM
BEACH COUNTY: DIGITAL DIVIDE PROGRAM: Approve an Amendment to
the Interlocal Agreement between the City and Palm Beach County for shared
information technology services as part of the Digital Divide Program.
B. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN
$25,000.00/ACE HARDWARE: Approval for FY 2015 spending with Ace Hardware
in an amount not to exceed $50,000.00 for small tools and hardware items. This is in
compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple
Acquisitions from Vendor Exceeding$25,000.00 in Any Fiscal Year".
C. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN
$25,000.00/BOCA SMALL ENGINES, INC.: Approval for FY 2015 spending with
Boca Small Engines, Inc. in an amount not to exceed $50,000.00 for purchases of lawn
maintenance equipment and repair kits. This is in compliance with the Code of
Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor
Exceeding$25,000.00 in Any Fiscal Year".
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D. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN
$25,000.00/HOME DEPOT: Approval for FY 2015 spending with Home Depot in
an amount not to exceed $150,000.00 for the purchase of replacement tools and
supplies. This is in compliance with the Code of Ordinances, Chapter 36, Section
36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal
Year".
E. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN
$25,000.00/PFM ASSET MANAGEMENT, LLC.: Approval for FY 2015 spending
with PFM Asset Management, LLC. in an amount not to exceed $50,000.00 for
investment research and supervision of the City's investable funds. This is in
compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple
Acquisitions from Vendor Exceeding$25,000.00 in Any Fiscal Year".
F. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN
$25,000.00/SULLIVAN ELECTRIC AND PUMP, INC.: Approval for FY 2015
spending with Sullivan Electric and Pump, Inc. in an amount not to exceed $85,000.00
for the repairs, rehabilitation and parts related to submersible wastewater pumps for
sewage Lift Stations. This is in compliance with the Code of Ordinances, Chapter 36,
Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any
Fiscal Year". Funding is available from 441-5144-536-46.20 (Water & Sewer Fund:
Repair&Maintenance Service/Equipment Maintenance).
G. RESOLUTION NO. 58-14/BUDGET AMENDMENT: Approve Resolution No.
58-14 amending Resolution No. 44-13 adopted September 17, 2013, which made
appropriations of sums of money for all necessary expenditures of the City of Delray
Beach for the FY 2013/2014, by setting forth the anticipated revenues and expenditures
for the operating funds of the City for FY 2013/2014.
H. (MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.)
I. INTERLOCAL AGREEMENT/PALM BEACH COUNTY; P25 MIGRATION
PROJECT: Approve an Interlocal Agreement between the City and Palm Beach
County including consultant costs for professional services related to the migration of
the City's communications system to Project 25 (P25 Migration) in the amount of
$35,859.85 with an additional $20,000.00 if the tower structural modifications or
antenna changes are needed. Funding is available from 001-2111-521-34.90 (General
Fund: Other Contractual Service).
J. LICENSE AGREEMENT/PALM BEACH COUNTY SPORTS
COMMISSION: Approve a revocable License Agreement between the City and Palm
Beach County Sports Commission for the Seacrest Soccer Complex for the NAIA
Men's National Soccer Championships from December 1 - 6,2014.
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K. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN
$25,000.00/PUBLIC FINANCIAL MANAGEMENT, INC.: Approval for FY
2015 spending with Public Financial Management, Inc. in an amount not to exceed
$50,000.00 for financial planning, policy development, and services related to debt
issuance. This is in compliance with the Code of Ordinances, Chapter 36, Section
36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal
Year".
L. PROCLAMATIONS:
1. None
M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
October 27, 2014 through November 7,2014.
N. AWARD OF BIDS AND CONTRACTS:
1. (MOVED TO THE REGULAR AGENDA AS ITEM 9.11.11.)
2. Contract award to Special Products Group, Inc. through the City of Melbourne
Contract #08-096-0-2011 at a cost not to exceed $66,150.00 for uniform and
equipment procurement for Fire-Rescue Department personnel. The
recommendation for award is in compliance with the Code of Ordinances,
Chapter 36, Section 36.02(C)(7)(c), "Utilization of Other Governmental
Entities' Contracts". Funding is available from 001-2311-522-52.22 (General
Fund: Uniform Linen Service), 001-2313-522-52.22 (General Fund: Operating
Supplies Equipment/Uniforms/Linen Service), 001-2115-521-52.22 (General
Fund: Uniform Linen Service), and 001-2115-521-52.27 (General Fund:
Operating Supplies Equipment<$1,000.00).
9. REGULAR AGENDA:
A.A. EMERGENCY SERVICES AGREEMENT/PALM BEACH COUNTY FIRE
RESCUE: Approve the Emergency Services Agreement between the City and Palm
Beach County Fire Rescue for Mutual Assistance,Automatic Aid and Dispatch Services.
(Motion to approve;Approved, 5-0)
B.B. Bid award to J.W. Cheatham,LLC. (Bid No. 2014-32) in the amount of$240,308.00 for
the annual Street Resurfacing Project 2013-44. This is in compliance with the Code of
Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive Method". Funding is
available from 334-3162-541-61.17 (General Construction Fund/Streets, Alleys,
Sidewalks) and 001-3113-541-53.10 (General Fund/Street Maintenance). (Motion to
approve;Approved, 5-0)
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A. NOMINATION FOR APPOINTMENT TO DOWNTOWN
DEVELOPMENT AUTHORITY: Nomination for appointment of one (1) regular
member to the Downtown Development Authority to serve an unexpired term ending
July 1, 2017. Based on the rotation system, the nomination for appointment will be
made by Commissioner Petrolia (Seat #2). (Commissioner Petrolia's appointment was
deferred to the December 2,2014 Regular Meeting)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 34-14 (SECOND READING) 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. (Motion to approve;
Approved,5-0)
B. ORDINANCE NO. 33-14 (SECOND READING/SECOND 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. /The City Attorney will request this item be withdrawn from the
agenda as a result of the failure to approve the Amendment #2,. Medical
Mariivaga Referendum, on November 4,2014.)(REMOVED)
C. ORDINANCE NO. 29-14 (FIRST READING/FIRST PUBLIC HEARING)-
Consider a city-initiated amendment to the Land Development Regulations of the City
of Delray Beach; repealing and replacing Section 4.4.13, "Central Business District
(CBD)", with new zoning regulations. If passed,a second public hearing will be held on
December 2, 2014. (Motion to approve with direction to Treasure Coast Regional Planning
Council (TCRPC) to bring suggested comments back to City Commission at the December 9,
2014 as a Second Reading/Second Public Hearing,Approved,5-0)
D. ORDINANCE NO. 30-14 (FIRST READING/FIRST PUBLIC HEARING-
Consider a city-initiated amendment to the Land Development Regulations of the City
of Delray Beach; amending Article 4.4 "Table of Contents"; amending Section 2.2.3(D),
"Site Plan Review And Appearance Board"; amending Section 2.4.50, "Site And
Development and Master Development Plans (MDP)"; amending Section 2.4.60
"Temporary Parking Lots"; amending Section 4.1.1(A), "Base Zoning Districts";
amending Section 4.3.3(1), "Community Residential Homes And Group Homes";
amending Section 4.3.3(S), "Antennas Not Located on Telecommunications Towers";
amending Section 4.3.40, "Height"; amending Section 4.3.4(1), "Development
Standards Matrix"; repealing Section 4.4.28, "Central Business District — Railroad
Corridor (CBD-RC)"; amending Section 4.6.4(A), "Commercial Zoning Adjacent to
Residential Zoning or Zoning Districts With a Thirty-Five (35) Foot Height
Limitation"; amending Section 4.6.9(C)(1), "Bicycle Parking"; amending Section
4.6.9(E)(3), "Location of Parking Spaces, In-Lieu Fee"; amending Section 4.6.9(E)(4),
"Public Parking Fee"; amending Section 4.6.16(1(4), "Foundation Landscaping
Requirements"; amending Section 4.6.16(1(5), "Special Landscape Regulations for
Properties Within The Central Business District (CBD)"; amending Section 4.6.18(B),
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"Buildings Within The Downtown Area"; amending Section 6.3.30, "Regulations
Governing The Use, Design, and Maintenance of A Sidewalk Cafe"; and amending
Appendix A, "Definitions". If passed, a second public hearing will be held on
December 2, 2014. (Motion to approve with direction to Treasure Coast Regional Planning
Council (TCRPC) to bring suggested comments back to City Commission at the December 9,
2014 as a Second Reading/Second Public Hearing,Approved,5-0)
E. ORDINANCE NO. 31-14 (FIRST READING/FIRST PUBLIC HEARING
City-initiated rezoning of properties zoned CBD-RC (Central Business District-
Railroad Corridor) to CBD (Central Business District) for two areas,with the north area
generally located between NE 4`'' Street and NE 2nd Street and extending from the
north-south alleyway west of NE 3rd Avenue to the east of the FEC Railway; and, the
south area generally located between SE 2nd Street and SE 7`'' Street, east of and west of
the FEC Railway. If passed, a second public hearing will be held on December 2, 2014.
(Motion to approve with direction to Treasure Coast Regional Planning Council (TCRPC) to
bring suggested comments back to City Commission at the December 9, 2014 as a Second
Reading/Second Public Hearing,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: NOVEMBER 10, 2014
*****Meeting adjourned at 11.•35 p.m.
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