02-24-15 Agenda Results Regular MeetingCity of Delray Beach
Regular Commission Meeting
** *AGENDA RESULTS * **
Tuesday, February 24, 2015
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.mvdelraybeach.com
1. ROLL CALL. (Commissioner Jacquet arrived at 6:05 p.m.
(Deputy Vice Mayor arrived at 7:15 p.m.)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. None
5. PRESENTATIONS:
A. Spotlight on Education — Village Academy
B. I.M.P.A.C.T. Graduation
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.C., Grant Submittal to the Palm
Beach Metropolitan Planning Organization (MPO)/ Transportation Alternative Programs, was
moved to the Regular Agenda as Item 9.C.C.; Item 8.D., Contract Award to Multiple Vendors, was
removed; Item 8.H., Change Order No. 4 /Sealand Contractors Corporation/ Federal Highway
Beautification Project, was moved to the Regular Agenda as Item 9.A.A.; Item 8.L, Contract
Award /Barwick Road Guardrail/ Southeast Guardrail and Attenuators (SGA), was moved to the
Regular Agenda as Item 9.B.B.; Item 8.S., Approval of FY 2015 Spending Greater than
$25,000 /Sungard Public Sector, Inc. was removed; Item H.B., Ordinance No. 06 -15 (FIRST
READING), was removed. Approved as amended, 4 -0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 4 -0)
A. FINAL SUBDIVISION PLAT /2645 MEDICAL CENTER: Approve a final
subdivision plat for the 2645 Medical Center, for the construction of a two -story
medical and Class "A" office building located on the east side of North Federal
Highway, south of Gulfstream Boulevard.
B. GRANT SUBMITTAL TO THE PALM BEACH METROPOLITAN
PLANNING ORGANIZATION (MPO) / IMPROVEMENT PROTECT
ALONG SEACREST BLVD: Provide authorization to submit a grant proposal to
the Palm Beach Metropolitan Planning Organization (MPO) Transportation
Enhancement Program for a maximum award value of $750,000.00 to be available in
FY 2018 -2019 for improvements along Seacrest Boulevard from N.E. 22nd Street to
Gulfstream Boulevard.
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C. (MOVED TO REGULAR AGENDA AS ITEM 9.C.C.)
D. CONTRACT AWARD TO MULTIPLE VENDORS: Consider Contract award
to Foster Marine Contractors, Inc., Hinterland Group, Inc., Murray Logan
Construction, Inc., D.S. Eakins Construction Corporation, and DP Development of
the Treasure Coast, LLC. at an annual estimated cost of $250,000.00 for all five
vendors to piggyback the current City of West Palm Beach Master Contract for
Utility Construction Services (RFQ 13 -14 -407), to perform emergency and
specialized construction work with City Staff support. Funding is available from
various sources. This recommendation for award is in compliance with the Code of
Ordinances, Chapter 36, Section 36.02(C) (7) "Utilization of Other Governmental
Entities' Contracts ". (REMOVED)
E. RESOLUTION NO. 07 -15 /LOCAL AGENCY PROGRAM AGREEMENT
(LAP) WITH FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT)/ N.E. 2ND AVENUE /SEACREST BEAUTIFICATION PROJECT:
Approve Resolution No. 07 -15 to execute the Local Agency Program (LAP)
agreement with Florida Department of Transportation (FDOT) for the funding of
the N.E. 2nd Avenue and Seacrest Beautification Project (P /N 11 -067).
F. HOLD HARMLESS AGREEMENT /GARBER DELRAY, INC. / DELRAY
BUICK: Approve Hold Harmless Agreement with Delray Buick located at 2400
South Federal Highway to provide the City with a one year warranty for all work
completed within Florida Department of Transportation (FDOT) right -of -way.
G. RESOLUTION NO. 11 -15 /FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) /MAINTENANCE MEMORANDUM OF
AGREEMENT: VENETIAN AND GLEASON SIGNAL: Approve Resolution
No. 11 -15 to execute the Maintenance Memorandum of Agreement (MMOA) with
Florida Department of Transportation (FDOT) for the maintenance of the color
coated trombone mast arm assemblies (including the upright pole and arm) located
at the intersections of East Atlantic Avenue at Venetian Drive and Gleason Street.
H. (MOVED TO REGULAR AGENDA AS ITEM 9.A.A.)
I. (MOVED TO REGULAR AGENDA AS ITEM 9.13.13.)
J. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB -
RECIPIENT FUNDING AGREEMENT /LEGAL AID SOCIETY OF
PALM BEACH COUNTY, INC. Approve and authorize execution of a Sub -
Recipient Funding Agreement with Legal Aid Society of Palm Beach County, Inc.
under the Community Development Block Grant (CDBG) program for FY 2014-
2015, with total funding in the amount of $4,000.00. Funding is available from 118-
1966- 554 -82.16 (Neighborhood Services: Aid to Private Organizations /Legal Aid
Society of Palm Beach County).
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K. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB -
RECIPIENT FUNDING AGREEMENT /ACHIEVEMENT CENTER
FOR CHILDREN AND FAMILIES (ACCF . Approve and authorize execution
of a Sub - Recipient Funding Agreement with Achievement Center for Children and
Families (ACCF) under the Community Development Block Grant (CDBG)
program for FY 2014 -2015, with total funding in the amount of $56,744.00. Funding
is available from 118 -1966- 554 -82.09 (Neighborhood Services: Aid to Private
Organizations /Child Care Center).
L. EXTENSION OF FOOD TRUCK PILOT PROGRAM: Approve a six -month
extension of the Food Truck Pilot Program from March 1, 2015 through August 31,
2015.
M. AMENDMENT TO USER AGREEMENT/ ELITE PROTECTION
SERVICES: Approve renewal of a User Agreement with Elite Protection Services
to provide initial emergency medical services (EMS) response within the Delaire
Country Club.
N. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN
$25,000.00 /ZOLL MEDICAL CORPORATION: Approval for FY 2015
spending with Zoll Medical Corporation in an amount not to exceed $50,000.00 for
the purchase of cardiac monitoring equipment and other critical medical equipment.
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 ".
O. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN
$25,000.00 /MUNICIPAL EQUIPMENT COMPANY: Approval for FY 2015
spending with Municipal Equipment Company in an amount not to exceed
$150,000.00 for the purchase of structural firefighting clothing (bunker gear) and
loose firefighting equipment such as fire hoses, nozzles, tools, etc.. 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 ".
P. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN
$25,000.00 /FISHER SCIENTIFIC COMPANY: Approval for FY 2015
spending with Fisher Scientific Company in an amount not to exceed $50,000.00 for
the purchase of monitoring /identification equipment for hazardous materials
response, and self - contained breathing apparatus (SCBA) supplies and equipment.
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 ".
Q. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY:
REIMBURSEMENT OF EMERGENCY MEDICAL SERVICES GRANT
EQUIPMENT: Approve an Interlocal Agreement between the City and Palm
Beach County for the reimbursement of costs related to Emergency Medical Services
Grant Equipment not to exceed $17,780.00.
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R. ACCEPTANCE OF WATER AND SEWER EASEMENT DEEDS/
DELRAY MEDICAL CENTER, INC.: Approve acceptance of a water and
sewer easement deed; and a water easement deed for the property associated with
Delray Medical Center, Inc. located at 5270 Linton Boulevard.
S. APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000.00/
SUNGARD PUBLIC SECTOR, INC.: Approval of the purchase of two web
access modules — one Employee Self -Serve module which would allow employee
access to their pay information and one Vendor Self -Serve module which would
allow vendors to register online. The total cost of the purchase is $27,635.00. 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 ".
(REMOVED)
T. RESOLUTION NO. 14 -15: Approve Resolution No. 14 -15 regarding the
March 10, 2015 First Nonpartisan Election.
U. PROCLAMATIONS:
1. Myeloma Awareness Month - March 2015
2. Florida Bicycle Month - March 2015
3. Boys and Girls Club Day — March 19, 2015
4. Arbor Day — April 22, 2015
V. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the
period January 15, 2015 through February 6, 2015.
W. AWARD OF BIDS AND CONTRACTS:
1. Bid award to The Gehring Group (RFQ 2015 -12) in the annual estimated
amount of $130,000 for the first three years (1 -3), and $137,000.00 for years
four through six (4 -6) for Employee Healthcare Benefits Consulting. The
method of acquisition for award was performed in compliance with the Code
of Ordinances, Chapter 36, Section 36.02(A)(1), "Competitive Bids ".
Funding is available from 551 -1576- 591 -31.90 (Risk Management Fund:
Professional Services /Other Professional Service).
2. Bid award to Johnson- Davis, Inc. in the amount of $167,510.00 for the
construction of the Dover /Lowson Culvert replacement (Bid No. 2015 -23).
This is in compliance with Chapter 36, Section 36.02(A)(1), "Competitive
Bids ". Funding is available from 448 - 5461 - 538 -69.30 (Other
Improvements /Dover /Lowson Culvert Replacement).
3. Contract award to DB Ecological Services, Inc. in the amount of $40,801.00
for the Marine Turtle Monitoring Services (P /N 2014 -097). The method of
acquisition for services under this award was performed in compliance with
the Code of Ordinances, Chapter 36, Section 36.02(A) (1), "Competitive
Bids ". Funding is available from 332 - 4164 - 572 -31.30 (Beach Restoration
Fund: Professional Services /Engineering /Architectural).
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4. Contract award to Special Products Group (SPG) in an annual amount not to
exceed $95,000.00 for class `B" uniform procurement for Police Department
personnel. Funding is available from 001- 2111- 521 -52.22 (General Fund:
Operating Supplies /Uniforms /Linen Service), 001- 2111- 522 -52.27 (General
Fund: Operating Supplies /Equipment less than $1,000) 001- 2115- 521 -52.22
(General Fund: Operating Supplies /Uniforms /Linen Service) and 001 -2115-
521 -52.27 (General Fund: Operating Supplies /Equipment less than $1,000).
9. REGULAR AGENDA:
A.A. CHANGE ORDER NO. 4 /SEALAND CONTRACTORS
CORP. /FEDERALHIGHWAY BEAUTIFICATION PROJECT: Approve
Change Order No. 4 to Sealand Contractors Corp. in the amount of $173,299.54
decrease and final payment in the amount of $19,189.57 to B & B Underground, Inc.
for additional scope of a turn lane, bike lane, repair of deficient city -owned pipes
prior to paving. This is in compliance with the Code of Ordinances, Chapter 36,
Section 36.06(A)(1), "Change Orders; Beyond the Scope of Work ", and 36.06(A)(3),
"Change Orders, Extension of Completion Dates". (Motion to approve; Approved, 5 -0)
B.B. CONTRACT AWARD/ BARWICK ROAD GUARDRAIL/ SOUTHEAST
GUARDRAIL AND ATTENUATORS (SGA�. Approve a "piggyback" contract
award to Southeast Guardrail and Attenuators (SGA) in the amount of $71,325.00 to
piggyback the current Palm Beach County contract for the construction of the
guardrail along Barwick Road from Lake Ida Road to Sable Lakes Road. Funding is
available from 334 - 3162 - 541 -65.36 (General Construction Fund /Capital
Ouday /Barwick Road). (Motion to approve; Approved, 5 -0)
C.C. GRANT SUBMITTAL TO THE PALM BEACH METROPOLITAN
PLANNING ORGANIZATION (MPO)/ TRANSPORTATION
ALTERNATIVE PROGRAMS: Provide authorization to submit four (4) grant
proposals to the Palm Beach Metropolitan Planning Organization (MPO)
Transportation Enhancement Program for a maximum award value of
$17,000,000.00 to be available in FY 2017 through FY 2021 for Bike Lanes on South
Swinton to 4`h Street, Phase 2 of Homewood Bike Lanes, Expansion of Shuttle
Route Service, and Delray Beach Greenway — 1s` Mile, Lowson Blvd to Atlantic Ave.
(Motion to approve; Approved, 5 -0)
A. WAIVER REQUEST /S.E. 2ND AVENUE PARKING LOT: Consider approval
of a waiver request to Land Development Regulations (LDR) Section
4.6.9(D) (3) (c) (1), "Stacking Distance ", to reduce the required stacking distance from
5 feet to 0 feet along the frontage for S.E. 2nd Avenue Parking Lot, whereas a
minimum five foot (5') stacking distance is required for parking lots with one (1) to
twenty (20) parking spaces. (Quasi-judicial Hearing) (Motion to adopt the board
order as presented; Approved, 5 -0)
B. WAIVER REQUEST /249 PLAZA PARKING LOT: Consider approval of a
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waiver request to Land Development Regulations (LDR) Section 4.6.9(D) (3) (c) (1),
"Stacking Distance ", to reduce the required stacking distance from 20 feet to 10 feet
at two (2) entrances along the rear alleyway for 249 Plaza, whereas a minimum 10
foot (10') stacking distance is required for parking lots with twenty -one (21) to fifty
(50) parking spaces. (Quasi-judicial Hearing) (Motion to adopt the board order as
presented; Approved, 5 -0)
C. RESOLUTION NO. 13 -15 /UTILITIES TAX REVENUE REFUNDING
AND IMPROVEMENT BONDS 2015 SERIES: Consider approval of
Resolution No. 13 -15 to authorize the issuance of not more than $44,000,000.00 in
Delray Beach Utilities Tax Revenue Refunding and Improvement Bonds, Series
2015, for the purpose of refunding and financing certain municipal projects within
the City. (Motion to approve as amended; Approved, 5 -0)
D. RESOLUTION NO. 15 -15: BEST INTEREST ACQUISITION/ CDW -
GOVERNMENT, INC.: Consider approval of Resolution No. 15 -15 for the
acquisition of one hundred forty -five (145) Panasonic Toughbook Laptops from
CDW- Government, Inc. for the Police Department, declaring by a four - fifths
affirmative vote that the City's Sealed Competitive Method is not in the best interest
of the City. This request is in compliance with the Code of Ordinances, Chapter 36,
Section 36.02(C) (11), "Best Interest Acquisitions ". (Motion to approve a lease option
with CDW- Governement, Inc. subject to purchasing contacting the other two vendors for
their lease option price; Approved, 4 -1. Vice Mayor Petrolia dissenting)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 02 -15 (SECOND READING /SECOND PUBLIC
HEARING): Consider city- initiated Amendment to the Land Development
Regulations (LDR) of the City of Delray Beach; Repealing and Replacing Section
4.4.13 "Central Business District (CBD)" with new zoning regulations; reducing
the allowable building height on Atlantic Avenue between Swinton Avenue and
Intracoastal Waterway; providing a Saving Clause, a General Repealer Clause, and
an effective date. (Motion to approve; Approved, 5 -0)
B. ORDINANCE NO. 03 -15 (SECOND READING /SECOND PUBLIC
HEARING): Consider 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(I), "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(K), "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(14)(4), "Foundation
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Landscaping Requirements "; amending Section 4.6.16(1-1)(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 ". (Motion to approve;
Approved, 5 -0)
C. ORDINANCE NO. 04 -15 (SECOND READING /SECOND PUBLIC
HEARING): Consider a 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`h 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. 7d' Street, east of and west of the FEC Railway.
(Motion to approve; Approved, 5 -0)
11. FIRST READINGS:
A. ORDINANCE NO. 05 -15 (FIRST READINGS Consider an amendment to
Title VII "Traffic Code" of the Code of Ordinances creating a new Section 71.031,
titled "Parking in the Marina Historic District "; establishing a Restricted Parking
Zone that restricts On- Street parking to residents; establishing the procedure for
residents to obtain a permit for On- Street parking; setting permit fees; establishing
penalties; providing a Saving Clause, a General Repealer Clause, and an effective
date. If passed, a public hearing will be held on March 17, 2015. (Motion to approve
as amended; Approved, 5 -0)
B. ORDINANCE NO. 06 -15 (FIRST READING): Consider an amendment to
Chapter 36, "Acquisition of Goods and Services and Disposal of City Property ", of
the Code of Ordinances, and an effective date. If passed, a public hearing will be
held on March 17, 2015. (REMOVED)
12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
A. City Manager
B. City Attorney
(It was the consensus of the Commission to have the Annual Organizational Meeting and the second Regular
Meeting to March 31, 2015. The Annual Organization Meeting will be at 5:00 p.m. and the Regular Meeting at
6:00 p.m.)
C. City Commission
POSTED: FEBRUARY 18, 2015
***Meeting adjourned at 10:36 p.m.***
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