12-02-14 Agenda Results Regular Meeting City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, December 2,2014
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. June 10,2014—Special/Workshop Meeting (Approved, 5-0)
B. June 17,2014—Regular Meeting (Approved, 5-0)
C. August 5,2014—Regular Meeting (Approved, 5-0)
5. PRESENTATIONS:
A. Recognizing and Commending Lieutenant General William J. Ely
B. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork)
Committee) Quarterly Awards 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 8.0.,Annual Performance Bonus/JCD
Sports Group, Inc., was moved to the Regular Agenda as Item 9.B.B.; Item 8.S., Resolution No. 61-14
was moved to the Regular Agenda as Item 9.A.A.Approved as amended,5-0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended,5-0)
A. FINAL SUBDIVISION PLAT APPROVAL/DOWNTOWN DELRAY
PROFESSIONAL CENTER: Consider approval of a final plat for Downtown
Delray Professional Center, two medical office buildings located on the north side of
S.E. 6`h Street between S.E. 51h Avenue and S.E. 6`h Avenue.
B. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/B & B
UNDERGROUND CONTRACTORS, INC.: Approve Contract Closeout (Change
Order No. 1/Final) in the amount of $5,293.50 decrease and final payment in the
amount of$19,189.57 to B & B Underground, Inc. for completion of the North Lake
Ida Area Water Main Project (Bid No. 2014-11). This is in compliance with Code of
Ordinances, Chapter 36, Section 36.06 (A)(2), "Change Orders; Within the Scope of
Work".
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C. CONTRACT CLOSEOUT (CHANGE ORDER NO. 3/FINAL)/MANCIL'S
TRACTOR SERVICE, INC.: Approve Contract Closeout (Change Order No.
3/Final) in the amount of $33,623.23 decrease and final payment in the amount of
$16,893.00 to Mancil's Tractor Service, Inc., for completion of the N.E. 1" Avenue
Improvements Project No. 12-042). This is in compliance with Code of Ordinances,
Chapter 36, Section 36.06 (A)(2), "Change Orders;Within the Scope of Work".
D. CONSENT TO ASSIGNMENT FROM THE DUMONT COMPANY, INC.
TO HAWKINS, INC.: Approve the Consent to Assignment from The Dumont
Company,Inc. to Hawkins,Inc.
1. CONTRACT RENEWAL/ DUMONT COMPANY, INC. (d/b/a
HAWKINS)- Approve renewal of an annual contract with Dumont Company,
Inc. (Bid No. 2013-01) in an amount not to exceed $45,000.00 for the purchase
and delivery of Hydrofluorosilicic Acid for use in water treatment. This is in
compliance with the Code of Ordinances, Chapter 36, Section 36.07(A)(3),
"Renewals" and Section 36.03(A), "Acquisitions of Twenty-Five Thousand
Dollars ($25,000) or Greater". Funding is available from 441-5122-536-52.21
(Water& Sewer Fund: Operating Supplies/Chemicals).
E. REQUEST FOR A SIDEWALK DEFERRAL/ 1002 SEASAGE DRIVE:
Approve an agreement to defer installing a sidewalk for 1002 Seasage Drive in the
Seasage Overlay District.
F. REQUEST FOR A SIDEWALK DEFERRALS/1031 MELALEUCA ROAD:
Approve an agreement to defer installing two (2) sidewalks on the northwest corner of
Seasage Drive and Melaleuca Road for the property located at 1031 Melaleuca Road in
the Seasage Overlay District.
G. ACCEPTANCE OF A RIGHT OF WAY DEED/104 S.E. 1"AVENUE: Approve
acceptance of a right-of-way dedication for the alleys and S.E. 1" Avenue for Swinton
Social located at 104 S.E. 1"Avenue.
H. ACCEPTANCE OF A RIGHT OF WAY DEED/202 NORTH SWINTON
AVENUE: Approve acceptance of a right-of-way dedication for the alley to the rear of
202 North Swinton Avenue located in the Old School Square Historic District.
I. HOLD HARMLESS AGREEMENT/KH SANDCASTLES, LLC: ST.
GEORGE: Approve a Hold Harmless Agreement with KH Sandcastles, LLC. to
install and construct utilities in the State right-of-way for the project associated with St.
George Townhomes located on the east side of Federal Highway, north of George
Bush Boulevard.
J. AMENDMENT TO THE LICENSE AGREEMENT/32 EAST
RESTAURANT: Approve an Amendment to the License Agreement between the City
and Bright Horizons Investment Corporation to add a second floor canopy to encroach
into the right-of-way for 32 East Restaurant located at 32 East Atlantic Avenue.
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K. LANDSOUTH CONSTRUCTION/PROPOSED TRAFFIC PATTERN
MODIFICATION DURING CONSTRUCTION: Provide authorization for
Landsouth Construction to close the alley between S.E. 4d'Avenue and S.E. 51h Avenue
north of S.E. 2nd Street (250 feet) from January 5, 2015 through November 5, 2016 for
Uptown Delray.
L. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN
$25,000/FERGUSON ENTERPRISES, INC.: Approval for FY 2015 spending
with Ferguson Enterprises, Inc. in an amount not to exceed $180,000.00 for parts
related to water and wastewater utility operations, maintenance, and repair. This is in
compliance with the 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".
M. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN
$25,000/HD SUPPLY WATERWORKS: Approval for FY 2015 spending with HD
Supply Waterworks in an amount not to exceed $180,000.00 for parts related to water
and wastewater utility operations, maintenance and repair. 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".
N. AMENDMENT NO. 2 TO THE INTERLOCAL
AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY
(CRAI/CONSTRUCTION PROFESSIONAL SERVICES: Approve Amendment
No. 2 to the Interlocal Agreement between the City and Community Redevelopment
Agency (CRA) to further modify the amount of funding for the projects listed in
Exhibit "A" to reflect the actual amount of funding provided by the CRA for the
projects at the end of FY 2013-14 and close out the fiscal year.
O. (MOVED TO THE REGULAR AGENDA AS ITEM 9.B.B.)
P. RESOLUTION NO. 60-14/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/LOCALLY FUNDED AGREEMENT:
Approve Resolution No. 60-14; to provide authorization to execute a Locally Funded
Agreement (LFA) with the Florida Department of Transportation (FDOT) in the
amount of $247,865.40 for the installation of trombone mast arm upgrades at the
intersections of East Atlantic Avenue at Venetian Drive and Gleason Street (Project
No. 14-077 and 14-078). Funding is available from 334-3162-541-68.99 (General
Construction Fund: Other Improvement/East Atlantic Gleason/Venetian Signal).
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Q. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN
$25,000.00/TEN-8 FIRE EQUIPMENT: Approval for FY 2015 spending with Ten-
8 Equipment, as a sole source vendor, in an amount not to exceed $65,000.00 for the
purchase of Pierce Fire Truck repair parts and service. This is in compliance with the
Code of Ordinances, Chapter 36, Section 36.02(C)(6)(a), "Sole Source" and Section
36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal
Year". Funding is available form 501-3311-591-52.50 (Garage Fund: Operating
Supplies/External Parts) and 501-3311-591-52.52 (Garage Fund: Operating Supplies/
C.G. —Outside Service).
R. RESOLUTION NO. 62-14: Approve adoption of Resolution No. 62-14; recognizing
the Human Powered Delray (HPD) Interim Bicycle and Pedestrian Master Plan.
S. (MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.�
T. RESOLUTION NO. 65-14: Approve Resolution No. 65-14 assessing costs for
abatement action required to remove nuisances on six (6) properties throughout the
City of Delray Beach.
U. PROCLAMATIONS:
1. None
V. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
November 10, 2014 through November 21,2014.
W. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Glade and Grove Supply Company in the amount of
$28,000.00 for a new Case 85C Tractor via the Florida Sheriffs Association
Contract #14-12-0904, Specification #20. This is in compliance with the Code
of Ordinances, Chapter 36, Section 36.02(C)(7)(a), "Utilization of Other
Governmental Entities' Contracts". Funding is available from 501-3312-591-
64.20 (Garage Fund: Machinery/Equipment/Automotive).
2. Purchase award to Rechtien International in an amount not to exceed
$65,000.00, as a sole vendor, for the purchase of OEM repair, parts and services
that are proprietary to International trucks. This is in compliance with the Code
of Ordinances, Chapter 36, Section 36.02(C)(6)(a), "Sole Source". Funding is
available from 501-3311-591-52.50 (Garage Fund: Operating Supplies/External
Parts) and 501-3311-591-52.52 (Garage Fund: Operating Supplies/ C.G. —
Outside Services).
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9. REGULAR AGENDA:
A.A. RESOLUTION NO. 61-14: Approve Resolution No. 61-14; supporting the Board of
Directors of the Palm Beach County League of Cities, Inc.'s objection to recent action
taken by the Palm Beach County Board of County Commissioners to withdraw Palm
Beach County from the Treasure Coast Regional Planning Council (TCRPC) and to
request membership in the South Florida Regional Planning Council (SFRPC). (Motion
to approve;Approved, 5-0)
B.B. ANNUAL PERFORMANCE BONUS/JCD SPORTS GROUP, INC.: Approve
FY 13/14 bonus payments to JCD Sports Group, Inc. for golf course operations in the
amount of $12,233.70 and for Tennis Center operations in the amount of
$5,012.55. Funding is available from 445-4711-572-34.90 (Delray Beach Municipal Golf
Course Fund: Other Contractual Service), 446-4711-572-34.90 (Lakeview Golf Course:
Other Contractual Service) and 001-4215-575-34.90 (General Fund: Operating
Expenses-Miscellaneous/Other Contractual Service). (Motion to approve;Approved, 5-0)
A. WAIVER REQUESTS/202 NORTH SWINTON AVENUE: Consider approval
of three (3) request for waivers to the Land Development Regulations (LDR) Section
4.6.9(D)(2)(b), "Off-Street Parking Regulations, Provisions for Ingress and Egress", to
reduce the minimum required combined depth of alley and parking spaces from 42' to
39'-6 and to reduce the required parking space width from 10' to 9' at the rear of the
property, adjacent to the alley; Land Development Regulations (LDR) Section
4.6.9(D)(3)(a-b), "Off-Street Parking Regulations, Point of Access to the Street System,
Maximum and Minimum Width", to reduce the required driveway width from 24' to 18'
at the point of access from North Swinton Avenue for the property located at 202
North Swinton Avenue. (Quasi-judicial Hearing) (Motion to adopt board order as
presented;Approved,5-0)
B. WAIVER REQUEST/150 ANDREWS AVENUE: Consider approval of a waiver
request to Land Development Regulations (LDR) Section 4.6.14(B)(6), "Minimum 40'
Sight Visibility Triangle", to allow 25' sight visibility triangles at the intersections of
Luke Lane and Andrews Avenue along Thomas Street whereas 40' sight visibility
triangles are required for the Beach House of Delray located at 150 Andrews Avenue.
(Quasi-judicial Hearing)(Motion to adopt board order as presented;Approved,5-0)
C. CONDITIONAL USE REQUEST/DELRAY PRESERVE: Consider approval of
a conditional use request to allow a multiple family residential development up to 22
units per acre (21.936 proposed) for Delray Preserve, located on the east side of North
Federal Highway, south of Gulf Stream Boulevard and between the Kokomo Key
Subdivision and Auto Nation Volvo Delray within the GC (General Commercial)
zoning district. The development proposal involves the construction of 188 multiple
family residential units within seven multiple family buildings. (Quasi-judicial
Hearing)(First motion to approve party status;Approved,5-0.Second motion to adopt board
order as presented subject to the applicant submitting an open-ended plan for the movements
on site and an approved Maintenance of Traffic (MOT) Plan as required for Federal Highway
for staff review and approval;Approved,5-0)
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D. RESOLUTION NO. 66-14/EAGLE METAL PRODUCTS: Consider approval of
Resolution No. 66-14; approving the Eagle Metal Products in the amount of$39,680.00,
to remove rust and make repairs the 100' Holiday Tree once it is taken down; 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.
Funding is available from 001-3431-519-46.10 (General Fund: Repair & Maintenance
Services/Building Maintenance). (First motion to approve Resolution No. 66-14; Denied, 3-
2. Commissioner Frankel and Commissioner Jacquet dissenting. Second motion to reconsider
first motion;Approved,5-0.Third motion to approve Resolution No. 66-14;Approved,5-0)
E. APPROVAL OF A BID AWARD TO MOWREY ELEVATOR AND TO
TERMINATE AN AGREEMENT WITH ORACLE ELEVATOR: First motion
to consider approval of bid award to Mowrey Elevators (Bid No. 2014-35), the second
lowest bidder, in an amount not to exceed $65,000.00 annually for maintenance and repair
of elevators within City facilities. Contingent upon approval of a bid award to Mowrey
Elevator, a second motion to approve a termination of a Standard Form of Agreement
with Oracle Elevator. This is in compliance with the Code of Ordinances, Chapter 36,
Section 36.02 (A), "Sealed Competitive Method". Funding is available from various
departments. (Motion to approve;Approved, 5-0)
F. APPROVAL OF AN EMPLOYMENT AGREEMENT WITH DONALD B.
COOPER: Consider approval of an employment agreement with Donald B. Cooper
for the position of City Manager of the City of Delray Beach. (Motion to approve;
Approved,5-0)
G. 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). (Appointed Mark Denkler and approved 5-0)
10. PUBLIC HEARINGS:
A. None
11. FIRST READINGS:
A. ORDINANCE NO. 32-14: Consider adopting a small-scale future land use map
amendment from GC (General Commercial) to LD (Low Density Residential 0-5
du/ac), pursuant to the provisions of the "Community Planning Act", Florida Statutes
Section 163.3187, for a parcel of land located on the south side of S.E. 4`'' Street, 87.60
feet east of S.E. 6`'' Avenue, as more particularly described herein, and rezoning and
placing said land presently zoned GC (General Commercial) District to R-1-AA (Single
Family Residential) District; amending "Zoning Map of Delray Beach, Florida,January
2012". If passed, a public hearing will be held on January 6, 2015. (Motion to approve;
Approved,5-0)
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B. ORDINANCE NO. 36-14: Consider a privately initiated rezoning from AC
(Automotive Commercial) to GC (General Commercial) for ZNT Delray located on the
west side of S.E. 51h Avenue between S.E. 6`h Street and S.E. 7`h Avenue. If passed, a
public hearing will be held on January 6,2015. (Motion to approve;Approved, 5-0)
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: NOVEMBER 25, 2014
***Meeting adjourned at 9:29 p.m.***
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