09-04-14 Agenda Results Regular Meeting City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Thursday, September 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.
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. Swearing-In of New Police Chief Jeff Goldman
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 8.G., Renewal of
Umbrella Agreement for Banking Services/Bank of America,be removed.Approved as amended, 5-0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended)
A. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL) MAN CON,
INC.: Approve Contract Closeout (Change Order No. 1/Final) in the amount of
$199,623.11 decrease and final payment in the amount of$37,654.31 to Man Con, Inc.
for completion of the Reclaimed Water Area 12A, Phase II Project (Bid No. 2014-14).
This is in compliance with Code of Ordinances, Chapter 36, Section 36.06 (A)(2),
"Change Orders within the Scope of Work".
B. SERVICE AUTHORIZATION NO. 12-06/DAVID MILLER & ASSOCIATES,
P.A.: Approve Service Authorization No. 12-06 with David Miller &Associates, P.A.
in the amount of $23,300.00 for professional services related to the Merritt Park
Renovations (Project No. 14-052). This is in compliance with Code of Ordinances,
Chapter 36, Section 36.02 (C)(3), "Professional Services". Funding is available from
117-4151-572-63.40 (Recreation Impact Fee FD: Improvements Other/Recreational
Improvements) and 117-0000-366-70.00 (Recreation Impact Fee FD: Community
Redevelopment Agency).
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C. INCREASE EXPENDITURE LIMIT/LHOIST NORTH AMERICA OF
ALABAMA, LLC.: Approve an increase in the expenditure limit with Lhoist North
America of Alabama, LLC. in the amount of$900,000.00 for the purchase and delivery
of bulk quicklime via the City of Boynton Beach Bid No. 009-2821-13/JMA. This is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02 (C)(8),
"Cooperative Acquisitions". Funding is available from 441-5122-536-52.21 (Water and
Sewer Fund: Operating Supplies/Chemicals).
D. RETROACTIVE APPROVAL OF PRIOR PURCHASES AND INCREASE TO
SPENDING LIMIT/J.C. WHITE: Approve retroactitey prior purchases by HON
Company and distributed locally by JC White under the Florida Department of
Management Services Contract 425-001-12-1 competitively bid via ITB 17-425-001-F in
the amount of$26,938.50 and authorization to increase the spending limit to an amount
not to exceed $37,500.00 for office furniture manufactured. This is in compliance with
the Code of Ordinances, Chapter 36, Section 36.02(C)(7), "Utilization of Other
Governmental Entities' Contracts" and Section 36.03(B) "Multiple Acquisitions From
Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year".
Funding is available from 115-2112-521-64.10 (Special Projects Fund:
Machinery/Equipment/Office Furniture/Fixtures) and 441-5111-536-64.10 (Water and
Sewer Fund: Machinery/Equipment/Office Furniture/Fixtures).
E. SPENDING LIMIT INCREASE/ACE HARDWARE: Approve a spending limit
increase with Ace Hardware in an amount not to exceed $30,000.00 for tools, hardware
and supplies to be purchased by various multiple departments. This is in compliance
with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions
From Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal
Year". Funding is available from multiple budgets.
F. LANDSCAPE MAINTENANCE AGREEMENT RENEWAL/COMPLETE
PROPERTY SERVICES OF SOUTH FLORIDA, INC.: Approve renewal of a
Landscape Maintenance Agreement with Complete Property Services of South Florida,
Inc. in the amount of$29,180.00 for Atlantic Avenue Gateway Feature (Bid No. 2013-
33). This is in compliance with the Code of Ordinances, Chapter 36, Section
36.07(A)(3), "Renewals". Funding is available from 119-4144-572-46.40 (Beautification
Trust Fund: Repair&Maintenance Services/Beautification Maintenance).
G. 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). (REMOVED)
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H. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT/
COMMUNITY REDEVELOPMENT AGENCY (CRAQUIET TITLE TO
AN ALLEYWAY IN BLOCK 13: Approve Amendment No. 1 to the Interlocal
Agreement with the Community Redevelopment Agency (CRA) to Quiet Tide to the
Block 13 Alleyway which was conveyed to the City by a County Deed dated March 11,
2014.
I. PROCLAMATIONS:
1. Attendance Awareness Month—September 2014
J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
August 11,2014 through August 22, 2014.
K. AWARD OF BIDS AND CONTRACTS:
1. Bid award to multiple vendors in an amount not to exceed $200,000.00 for
medical supplies and medications to be ordered "as needed" through
Cooperative Bid No. 051-2210-14 with the City of Boynton Beach. This is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02 (C)(8),
"Cooperative Acquisitions". Funding is available from 001-2313-522-52.16
(General Fund: Operating Supplies/EMS Supplies) and 001-2315-526-52.16
(General Fund: Operating Supplies/EMS Supplies).
2. Purchase award to Southeastern Pump Corporation in an annual amount not to
exceed $83,000.00 for the purchase and supply of submersible wastewater
pumps for Wastewater Lift Stations. This award is in compliance with the Code
of Ordinances, Chapter 36, Section 36.02 (A), "Sealed Competitive Method".
Funding is available from 441-5144-536-46.20 (Water and Sewer Fund: Repair
and Maintenance Service/Equipment Maintenance).
3. Contract award to T.V. Diversified, Inc. (Bid No. 2014-40) in the amount of
$90,378.00 for rehabilitation of three (3) lift stations located in the Verona
Woods subdivision, Hamlet subdivision and Chateau Woods subdivision as part
of the annual Lift Station Rehabilitation Program. This is in compliance with
Code of Ordinances, Chapter 36, Section 36.02 (A), "Sealed Competitive
Method". Funding is available from 442-5178-536-68.15 (Water & Sewer
Renewal & Replacement Fund: Improvements Other: Lift Station
Rehabilitation).
4. Lease award to Bancorp/Mears Motor Leasing (RFP# 2014-29) for nine (9)
Volunteer vehicles in the amount of $288.69 a month per vehicle for the first
year of the lease; the second and third year cost will be slightly less at $280.41
and $273.66 per vehicle per month, respectively. This is in compliance with the
Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Competitive Bids".
Funding is available from 001-2111-521-44.40 (General Fund: Rentals &
Leases/Vehicles Rentals/Lease) and 001-2111-521-46.31 (General Fund: Repair
&Maintenance Services/Vehicle Maintenance—Other).
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5. Purchase award to CDW-Government, Inc. in the amount of $62,934.41 via
Western States Contracting Alliance Contract #1327172 250-WSCA-10-ACS for
eleven (11) in-car video cameras. Funding is available from 001-2115-521-64.90
(General Fund: Machinery/Equipment/Other Machinery Equipment).
a. RESOLUTION NO. 49-14: Approve Resolution No. 49-14,
authorizing the purchase of in-car video cameras from CDW-
Government, Inc. pursuant to a competitively bid contract between the
vendor and the Western States Contracting Alliance; 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. (ADDENDUM)
6. Purchase award to Florida Bullet, Inc. in the amount of $17,097.20 for
ammunition needs for the SWAT team training and on duty use. This is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02(6)(b), "City
Standard" and Section 36.03 (B), "Multiple Acquisitions From Vendor
Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year".
Funding is available from 001-2115-521-52.19 (General Fund:
Machinery/Equipment/Other Machinery/Equipment).
7. Purchase award to Strobes-R-Us in an amount not to exceed $38,000.00
pursuant to the terms of City of Sunrise Contract No. 11(06)-01-01-01-19 W for
the purchase and installation of vehicle equipment in four (4) new vehicles and
eleven (11) existing Police Department vehicles. This is in compliance with the
Code of Ordinances, Chapter 36, Section 36.02(7)(a), "Methods of Acquisition,
Direct Acquisition Method, Utilization of Other Governmental Entities'
Contracts", and Section 36.03(B), "Multiple Acquisitions from Vendor
Exceeding $25,000 in Any Fiscal Year". Funding is available from 001-2115-
521-64.90 (General Fund: Machinery/Equipment/ Other
Machinery/Equipment) and 001-2115-521-52.27 (General Fund: Operating
Supplies/Equipment< $1,000).
8. Purchase award to Municipal Equipment Company, LLC (MECO) in the
amount of$71,115.00 for 33 sets of Firefighting Protective Equipment based on
the Lake County Contract #12-0806M. This is in accordance with the 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).
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9. REGULAR AGENDA:
A. RESOLUTION NO. 43-14/QUALIFIED TARGET INDUSTRY TAX
REFUND LOCAL MATCH: Consider approval of Resolution No. 43-14; authorize
the creation of seventy-five (75) new high-wage jobs and the retention of seventy-five
(75) existing jobs by Project Obsidian, an existing financial services headquarters
company located in the City of Delray Beach. (Motion to approve;Approved, 5-0)
B. CONTRACT FOR PURCHASE AND SALE BETWEEN DELRAY BEACH
AND CANNERY ROW, LLC; 60 DAY OPTION NOTICE; OFFER FOR
PARK DEDICATION: Discuss and provide direction on four (4) options for the
Amendment to the Development Agreement and Purchase and Sale Agreement with
Cannery Row, LLC. (Mayor Glickstein recused himself and passed the gavel to Vice-Mayor
Petrolia. Motion to accept Option No. 4 (subject to the opinion from the Office of the
Inspector General;Approved, 3-1. Commissioner Jacquet dissenting)
C. PROPOSED CHANGES TO THE RULES OF PROCEDURE FOR THE
CITY COMMISSION: Consider approval of proposed changes to the Commission
Rules of Procedure which address the deferral of appointments and the consequences
for when a Commissioner is absent. (Mayor Glickstein returned to the dais. Motion to deny
proposed changes;Approved,4-1. Commissioner Jacquet dissenting)
D. RESOLUTION NO. 44-14: Certify the results of the August 26, 2014 Special
Election Referendum. (Motion to approve;Approved,5-0)
E. 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 a two (2) year term ending August 31, 2016. Based
on the rotation system, the nomination for appointment will be made by Commissioner
Jacquet (Seat #2). (Appointed Jerome Sanzone and approved 4-1. Vice Mayor Petrolia
dissenting)
F. NOMINATION FOR APPOINTMENT TO THE BOARD OF
ADJUSTMENT: Nomination for appointment of one (1) regular member to the
Board of Adjustment to serve a two (2) year term ending August 31, 2016. Based on the
rotation system, the nomination for appointment will be made by Commissioner
Jacquet (Seat#2). (Appointed Brenda Cullinan and approved 5-0)
G. NOMINATION FOR APPOINTMENT TO THE CODE ENFORCEMENT
BOARD: Nomination for appointment of one (1) regular member to the Code
Enforcement Board to serve an unexpired term ending January 14, 2015. Based on the
rotation system, the nomination for appointment will be made by Commissioner
Petrolia (Seat#1). (Appointed Stanley Brodka and approved 5-0)
H. NOMINATION FOR APPOINTMENT TO THE PUBLIC ART ADVISORY
BOARD: Nomination for appointment of one (1) regular member to the Public Art
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 Jarjura (Seat
#4). (Appointed Glenn Weiss and approved 5-0)
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10. PUBLIC HEARINGS:
A. RESOLUTION NO. 40-14 (TENTATIVE MILLAGE LEVY A resolution
tentatively 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 2014. (Motion to approve;Approved,5-0)
B. RESOLUTION NO. 41-14 (TENTATIVE MILLAGE LEVY/DDA). A
resolution tentatively levying a tax of one mill on all properties within the Downtown
Development Authority Taxing District of the City of Delray Beach for FY 2015. (First
motion to approve;Approved, 5-0. Second motion to reconsider;Approved, 5-0. Third motion
to approve;Approved, 5-0)
C. RESOLUTION NO. 42-14 (TENTATIVE BUDGET ADOPTION FOR FY
20151: 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, 5-0)
11. FIRST READINGS:
A. ORDINANCE NO. 26-14: An ordinance amending Chapter 51, "Garbage and
Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges
Levied", to provide for increased residential and commercial collection service rates for
FY 2015. If passed, a public hearing will be held on September 16, 2014. (Motion to
approve;Approved, 5-0)
B. ORDINANCE NO. 27-14: 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. If passed, a public
hearing will be held on September 16,2014. (Motion to approve;Approved,5-0)
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: AUGUST 25, 2014
*****Meeting adjourned at 10.•34 p.m.
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