12-09-14 Agenda Results Regular Meeting City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, December 9,2014
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 Frankel arrived at 6:15 p.m.)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. June 3, 2014—Special Meeting (Approved,4-0)
B. June 5, 2014—Special Meeting (Approved,4-0)
C. July 1, 2014—Regular Meeting (Approved,4-0)
5. PRESENTATIONS:
A. Spotlight on Education—American Heritage
B. Presentation by Sister Cities' Student Ambassadors:Julia Duca,Alexandra Edoff, Christian
Hoffman,Luna Jean,Kelli McCourt,Teagan Murphy and Leah Stephens
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 that Item 9.D., Resolution
No. 68-14/Delray Motors, be removed; Item 9.F., Software License and Services Agreement/Sungard
Public Sector, Inc., be removed and Item ll.A., Ordinance No. 37-14, be removed. Approved as
amended, 5-0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. FINAL SUBDIVSION PLAT APPROVAL/RPOS DELRAY: Approve a final
subdivision plat for Resource Point of Sale (RPOS) Delray, a new office and
warehouse distribution facility located on the northeast corner of S.W. 10`h Avenue and
S.W. W Street.
B. CLASS III SITE PLAN MODIFICATION APPLICATION/CHRISTIANS
REACHING OUT TO SOCIETY (CROS) FOR THE CARING KITCHEN:
Provide authorization for American Legion Post 188 (ALP) to submit a Class III Site
Plan Modification on behalf of Christians Reaching Out to Society (CROS) Ministries
to pursue a site plan modification application for the renovation and expansion of the
existing restroom facilities which will also include one shower fixture in each restroom;
an expanded storage area; and, a new laundry area that accommodates a washing
machine and dryer located at the City-owned property located at 196 N.W. 8`h Avenue.
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C. REVISIONS TO THE RULES AND REGULATIONS OF THE HISTORIC
PRESERVATION BOARD: Approve revisions to the Rules and Regulations of the
Historic Preservation Board (HPB).
D. RESOLUTION NO. 64-14/1TS WOODWORKING: Approve Resolution No. 64-
14; abandonment of an unimproved and unpaved street right-of-way lying between
N.W. 18`''Avenue and the CSX Railroad that measures 30'wide and extends 94.84' east
of NW 18`'' Avenue for the property associated with JTS Woodworking.
E. RESOLUTION NO. 67-14/PALM BEACH COUNTY; 2015 REVISED LOCAL
MITIGATION STRATEGY: Approve Resolution No. 67-14 to adopt the 2015
revised Palm Beach County Local Mitigation Strategy Plan.
F. USER AGREEMENT/PALM BEACH COUNTY SHERIFF OFFICE:
Approve a User Agreement between the City and Palm Beach County Sheriffs Office
for use of the Palm Beach Automated Law Enforcement Management System (PALMS)
and Florida Crime Information Center (FCIC)/ National Crime Information Center
(NCIC) database to access information relative to crimes, criminals and criminal activity.
G. AGREEMENT AND PURCHASE AWARD/CARTEGRAPH SYSTEMS, INC.
Approve an agreement with Cartegraph Systems, Inc. in the amount of $107,994.63
with the first year cost of$35,287.75, the second year at$35,993.51,and the third year at
$36,713.37. This is in compliance with the Code of Ordinances, Chapter 36, Section
36.02(C)(6)(b), "City Standard". Funding is available from multiple accounts.
H. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN
$25,000.00/DRS GROUP: Approval for FY 2015 spending with DRS Group via the
City of Parkland Contract #2013-06 in an amount not to exceed $29,000.00 for the
acquisition of electronically scanned records into the City's archival system. This is in
compliance with the Code of Ordinances, Chapter 36, Sections 36.02 (A), "Sealed
Competitive Method" and Section 36.03(B), "Multiple Acquisitions from Vendor
Exceeding$25,000.00 in Any Fiscal Year".
I. SUB-GRANT AGREEMENT/DIVISION OF EMERGENCY
MANAGEMENT: Approve a Sub-Grant Agreement with the Division of Emergency
Management in the amount of $233,000.00 for the implementation of the Residential
Construction Mitigation Program (RCMP).
J. AMENDMENT NO. 2 TO THE AGREEMENT/FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION (FDEP). Approve Amendment No. 2
to the Agreement with Florida Department of Environmental Protection (FDEP) to
extend the deadline to June 30,2016 for the City's Beach Renourishment Project.
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K. SERVICE AUTHORIZATION NO. 12-13/KIMLEY HORN & ASSOCIATES,
INC./SWINTON AVENUE AND ATLANTIC AVENUE INTERSECTION
STUDY: Approve Service Authorization No. 12-13 with Kin-ley Horn & Associates,
Inc. in the amount of $9,900.00 for professional services related to the Swinton
Avenue and Atlantic Avenue Intersection Study (Project No. 12-057). 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 334-3162-541-68.86 (General Construction
Fund: Other Improvement/Swinton&Atlantic Intersection).
L. RESOLUTION NO. 70-14: Approve Resolution No. 70-14 assessing cost for
abatement action required to remove nuisances on thirteen (13) properties throughout
the City of Delray Beach.
M. VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES
AGREEMENT: Approve a Vote Processing Equipment Use and Elections Services
Agreement between the Palm Beach County Supervisor of Elections and the City for
conducting municipal elections.
N. RESOLUTION NO. 72-14: Approve Resolution No. 72-14 regarding the March 10,
2015 First Nonpartisan Election.
O. PROCLAMATIONS:
1. Calling for the First Non Partisan Election to be held on March 10, 2015
P. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Lehman Pipe and Plumbing, Inc. in the amount of
$56,469.90 for water main materials to be installed by the City's in-house
construction crew for the N.W. 4`'' Avenue & N.W. 3rd Avenue Water Main
Project (Bid #2014-46). This is in compliance with the Code of Ordinances,
Chapter 36, Section 36.02 (A), "Sealed Competitive Method". Funding is
available from 442-5178-536-68.75 (Water/Sewer Renewal & Replacement
Fund: Improvements Other/N.W. 4`''Avenue &3rd Avenue Water Main).
2. Purchase award to Goodyear Tire and Rubber Company via State of Florida
Contract #863-000-10-1, in an amount not to exceed $40,000.00 from Tiresoles
of Broward; an amount not to exceed $70,000.00 from Boca Raton Tire and an
amount not to exceed $40,000.00 from Martino Tire. This is in compliance with
the Code of Ordinances, Chapter 36, Section 36.02(C)(7)(a), "Utilization of
Other Governmental Entities' Contracts" and Section 36.03(B), "Multiple
Acquisitions from Vendor Exceeding$25,000.00 in Any Fiscal Year".
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9. REGULAR AGENDA:
A. WAIVER REQUEST/418 NORTH OCEAN BOULEVARD: Consider approval
of a waiver request to Land Development Regulations (LDR) Section 4.6.5(C), "Height
Restrictions" to allow the increase in height from 6' to 7' and 9' of piers and 8' of the
gate associated with the 6' wall required front yard setback for a single family home
located at 418 North Ocean Boulevard. (Quasi-judicial Hearing) (Motion to adopt
board order as presented;Approved,5-0)
B. IN-LIEU OF PARKING FEE AGREEMENT/RMS PROPERTIES: Consider
approval of a request from RMS Properties for the purchase of four (4) in-lieu parking
spaces located at 110 East Atlantic Avenue at a cost of $23,660.00 each totaling
$94,640.00 to be paid through a Parking Fee Agreement requiring 50% payment upon
ratification of the agreement and two 25% payments on the second year and third year
anniversary date of the agreement. (Quasi-judicial Hearing) (Motion to adopt board
order as presented;Approved, 5-0)
C. RESOLUTION NO. 63-14/GALLAGHER BENEFIT SERVICES, INC.:
Consider approval of Resolution No. 63-14; approving a continuity of services and
agreement with Gallagher Benefit Services, Inc. to provide for the continuation of
employee benefits services consultant; 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 is not in the best interest of the
City. (Motion to approve;Approved, 5-0)
D. RESOLUTION NO. 68-14/DELRAY MOTORS: Consider approval of Resolution
No. 68-14; approving the purchase of OEM Ford parts from Delray Motors, Inc.;
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; a second motion to approve the
purchase of OEM Ford automotive and truck parts and outside services from Delray
Motors in an amount not to exceed $75,000.00 for FY 2015. 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" and Section 36.02(C)(4), "Direct
Acquisitions Method/Specialty Goods and Services". Funding is available from 501-
3311-591-52.20 (Garage Fund: Operating Supplies/External Parts) and 501-3311-591-
52.52 (Garage Fund: Operating Supplies/External Parts). (REMOVED)
E. RESOLUTION NO. 71-14/BID AWARD TO ADVANCED ROOFING, INC.:
Consider approval of Resolution No. 71-14; to award a bid in the amount of
$274,725.00 to Advanced Roofing, Inc. (Bid No. 2014-47), the second lowest re ponsive
bidder, declaring by a four-fifths affirmative vote that the City's sealed competitive
method for the contract is not in the best interest of the City for Pompey Park
Administration Building modifications and reroofing. Funding is available from 334-
4127-572-62-10 (General Construction Fund: Parks & Recreation/Buildings). (Motion to
approve;Approved, 5-0)
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F. SOFTWARE LICENSE AND SERVICES AGREEMENT/SUNGARD
PUBLIC SECTOR, INC.: Consider approval of a Software License Agreement and
Services Agreement with Sungard Public Sector, Inc., as a sole source,in an amount not to
exceed $314,206.00 for annual maintenance, an upgrade to the graphical user interface
software version, professional services contract and to customize utility interface
software for the Badger Water Meters. Funding is available from multiple accounts.
(REMOVED)
G. AMENDMENT NO. 2 TO THE AGREEMENT WITH OCEANSIDE
BEACH SERVICES, INC.: Consider approval of an Amendment to the Agreement
with Oceanside Beach Services, Inc. (RFP No. 2013-48) to expand the list of approved
equipment under the contract to include cabanas, clamshells, and windbreakers. (Motion
to approve Amendment No. 2 as amended;Approved, 5-0)
10. PUBLIC HEARINGS:
A. CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION
REPORT (CAPER). Consider approval of the 2013-2014 Consolidated Annual
Performance and Evaluation Report (CAPER) required by the United States
Department of Housing & Urban Development (HUD) for utilization of federal grant
funds. (Motion to approve;Approved, 5-0)
B. ORDINANCE NO. 29-14 (SECOND READING/SECOND PUBLIC
HEARINGI. 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. (Motion to continue
Items 10.B., 10.C. and 10.1). to a date certain of January 20, 2015; Approved, 4-1.
Commissioner Petrolia dissenting.)
C. ORDINANCE NO. 30-14 (SECOND READING/SECOND PUBLIC
HEARING I. 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 2.4.5(F), "Site And Development and Master Development Plans (MDP)";
amending Section 2.4.6(F), "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(1-1)(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), `Buildings Within The Downtown Area"; amending Section 6.3.3(F),
"Regulations Governing The Use, Design, and Maintenance of A Sidewalk Cafe"; and
amending Appendix A, "Definitions".
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D. ORDINANCE NO. 31-14 (SECOND READING/SECOND PUBLIC
HEARING I. 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 N.E. 4`'' Street and N.E. 2nd Street and extending
from the north-south alleyway west of N.E. 3rd Avenue to the east of the FEC Railway;
and, the south area generally located between S.E. 2nd Street and S.E. 7`'' Street, east of
and west of the FEC Railway.
11. FIRST READINGS:
A. ORDINANCE NO. 37-14: Consider an amendment to Chapter 36, "Acquisition of
Goods and Services and Disposal of City Property"; amending Section 36.02, "Method
of Acquisition," Subsection (A), "Sealed Competitive Method"; Creating Section 36.14,
"Local Business Preference"; establishing a Local Business Preference in the acquisition
of goods and services; providing definitions and certification requirements for same;
providing for exclusions from and waiver of Local Business Preference. If passed, a
public hearing will be held on January 6,2015. (REMOVED)
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: DECEMBER 5, 2014
*****Meeting adjourned at 10.•32 p.m.
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