03-31-15 Agenda Results Regular Meeting City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, March 31, 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.mvdeiraybeach.com
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. March 12, 2015 — Special Meeting (Approved, 5-0)
5. PRESENTATIONS:
A. Spotlight on Education - Orchard View Elementary School
B. Sister Cities —David Schmidt,President of Delray Beach Sister Cities Committee
1. (Motion to move Item 5.13.1, Resolution No. 16-15/Sister Cities/Haiti, to the Regular Agenda
as Item 9.A.A.;Approved 5-0)
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.F., Revocable License Agreement For
Veterans Park/ Excursion Boats,was moved to the Regular Agenda as Item 9.B.B; Staff requested that
Item 9.H., Amendment No. 1 to Triparty Interlocal Agreement/ Community Interlocal Agreement/
Community Redevelopment Agency and the Greater Delray Beach Chamber of Commerce/ Old
Library Site and Chamber Relocation,be removed.Approved as amended,5-0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. ACCEPTANCE OF RIGHT-OF-WAY DEED/249 PLAZA: Approve a right-of-
way deed agreement for a four foot (4') right-of-way dedication along the west side of
the existing sixteen foot (16') rear alley for 249 Plaza located at 247 S.E. 6 h Avenue.
B. SERVICE AUTHORIZATION NO. 12-03.1 (AMENDMENT NO. 1)/
CALVIN, GIORDANO AND ASSOCIATES, INC: Approve Service Authorization
No. 12-03.1 (Amendment No. 1) with Calvin, Giordano and Associates, Inc. in the
amount of $5,786.19 to provide professional engineering services (RFQ No. 2012-06)
for the design of 90-degree back out parking spaces at the alleyway on the west side of
342 N.E. 3rd Avenue (Pro)ect #11-024). This is in compliance with Chapter 36 of the
Code of Ordinance, Section 36.06(A)(1), "Change Orders Beyond Scope of Work".
Funding is available from 334-3162-541-68.72 (General Construction Fund: Other
Improvement/N.E. 3rd Streetscape).
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C. AMENDMENT NO. 2 TO SURVEYING CONSULTING SERVICE
AGREEMENTS: Approve Amendment No. 2 to the Surveying Consulting Service
Agreements (RFQ 2012-07) with Avirom &Associates, Inc., Caulfield &Wheeler, Inc.,
Wantman Group, Inc., and Dennis J. Leavy & Associates, Inc to extend the original
agreements until April 2016. This recommendation is in compliance with Code of
Ordinances, Chapter 36, Section 36.02(C)(3), "Professional Services" and Section
36.07(A)(3), "City Commission Approved Contracts, Renewal".
D. EXECUTION OF THE RECEIPT AND RELEASE FORM
ACKNOWLEDGING THE CITY AS A BENEFICIARY OF THE IRVING
LIEBERMAN TRUST: Approval to execute a Receipt and Release Form for the
Irving Lieberman Trust that acknowledges the acceptance of property from Janet
Fleishman and Neal Lieberman as Successor Trustees of the Irving Lieberman Trust in
the amount of$15,000.00.
E. REVOCABLE LICENSE AGREEMENT/DELRAY STUDENTS FIRST,
INC./CATHERINE STRONG PARK: Approve a Revocable License Agreement
with Delray Students First, Inc. for the use of one classroom (Classroom #3) to tutor
and mentor children ages 5 to 16 years old, at Catherine Strong Park for one (1) year
with an option for one additional year renewal.
F. (MOVED TO THE REGULAR AGENDA AS ITEM 9.13.13.)
G. MEMORANDUM OF UNDERSTANDING/BROWARD COUNTY
SHERIFF'S OFFICE: SOUTH FLORIDA INTERNET CRIMES AGAINST
CHILDREN: Approve a Memorandum of Understanding between Delray Beach
Police Department and the Broward County Sheriffs Office which is designed to
combat crimes and exploitation against children through the use of computers,
computer technology, cell phones and the intemet.
H. MEMORANDUM OF UNDERSTANDING/PALM BEACH COUNTY:
CHILD ABUSE PROTECTIVE INVESTIGATIONS PROTOCOL: Approve a
Memorandum of Understanding with Palm Beach County Child Abuse Protective
Investigations Protocol for cooperation, collaboration and the sharing of appropriate
information by agencies within this jurisdiction.
I. LEASE AGREEMENT/ SENATOR MARIA SACHS DISTRICT OFFICE:
Approval of a retroactive two-year lease agreement between the City and Florida State
Senator Maria Sachs from January 1, 2015 to December 31, 2016.
J. PROCLAMATIONS:
1. Earth Day—April 25, 2015
K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
February 23,2015 through March 6,2015.
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L. AWARD OF BIDS AND CONTRACTS:
1. Bid award to L.V. Superior Landscaping, Inc. (Bid No. 2015-20) in the amount
of $46,022.00 for landscape maintenance services for Lake Ida, Lake Ida
Medians, Congress Avenue to Military Trail, George Bush Boulevard (N.E. 81''
Street), and West Atlantic Avenue from Swinton to I-95. This recommendation
is in compliance with Code of Ordinances, Chapter 36, Section 36.02(A)(1),
"Competitive Bids". Funding is available from 119-4144-572-46.40
(Beautification Trust Fund: Repair & Maintenance Services/Beautification
Maintenance).
2. Bid award to Synovia Solutions, LLC. (Bid No. 2015-29) the lowest responsive
bidder, in an annual amount not to exceed $29,000.00 for vehicle fleet global
position monitoring systems for 109 city vehicles. This is in compliance with the
Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Sealed Competitive
Method". Funding is available from various departmental budgets.
9. REGULAR AGENDA:
A.A. RESOLUTION NO. 16-15/SISTER CITIES/HAITI: Approve Resolution No.
16-15 regarding a Sister City in Haiti. (Motion to approve;Approved,5-0)
B.B. REVOCABLE LICENSE AGREEMENT FOR VETERANS
PARK/EXCURSION BOATS: Approve a Revocable License Agreement as to form;
provide authorization for the Director of Parks and Recreation to execute Revocable
License Agreements for "Excursion Boats" to operate a charter at Veterans Park
located at 802 N.E. 1s` Street. (Motion to approve;Approved,5-0)
A. CONSIDERATION OF AN APPEAL/SITE PLAN REVIEW AND
APPEARANCE BOARD'S (SPRAB) DECISION/ THE CARING
KITCHEN: Consider an appeal of a decision of the Site Plan Review and Appearance
Board's approval of the Class III site plan modification for The Caring Kitchen located
at 196 N.W. 8`''Avenue. (Quasi-judicial Hearing) (Motion to TABLE to April 21, 2015
and continue to a time certain; Approved, 5-0)
B. CONDITIONAL USE EXTENSION REQUEST/DELRAY MEDICAL
CENTER: Consider approval of a conditional use extension request to allow an
eighteen (18) month extension until October 10, 2016 for the project associated with
Delray Medical Center located at 5270 Linton Boulevard. (Quasi-judicial Hearing)
(Motion to adopt board order as presented;Approved, 5-0)
C. SIDEWALK DEFERRAL/21 GROVE WAY: Consider a request from the property
owner of 21 Grove Way for a sidewalk deferral and require the installation of a sidewalk
in accordance with the approved permit. (Quasi-judicial Hearing) (Motion to adopt
board order as presented;Approved,5-0)
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D. SERVICE AUTHORIZATION NO. 12-16/ MATHEWS CONSULTING,
INC./TROPIC PALMS WATER MAIN (WM) PROJECT—PHASE 2: Consider
approval of Service Authorization No. 12-16 with Mathews Consulting, Inc. in the
amount of $89,925.00 for professional design services (RFQ #2012-06) related to the
Tropic Palms Water Main Project No. 15-022. This is in compliance with Chapter 36
Section 36.02(C)(3), "Professional Services" and Section 36.03(B), "Multiple
acquisitions from Vendor Exceeding $25,000.00 in any Fiscal Year". Funding is
available from account #442-5178-536-68.97 (Water and Sewer Renewal Replacement
Fund: Renewal and Replacement Project/Physical Environment/Improvements
Other/ Tropic Palms Water Main). (Mayor Glickstein passed the gavel to Vice Mayor Shelly
Petrolia and left the dais;Approved,4-0)
E. SERVICE AUTHORIZATION NO. 12-06/ WANTMAN GROUP INC./
PHASE 2 N.E. 2N1)AVENUE/SEACREST BEAUTIFICATION
PROJECT: Consider approval of Service Authorization (S.A. No. 12-06) with
Wantman Group, Inc. for the design of N.E. 2nd Avenue and Seacrest Beautification
Project (P/N 14-071) Phase 2, in the amount of$106,607.88. Funding is available from
account 334-3162-541-68.78 (General Construction Fund: Public Works/Streets,Alleys,
Sidewalks/ Other Improvements/ N.E. 2nd Avenue/ Seacrest Beautification). (Mayor
Glickstein returned to the dais and resumed gavel;Approved, 5-0)
F. AMENDMENT NO. 1 TO LOAN PURCHASE AGREEMENT WITH
IBERIABANK/AUBURN TRACE APARTMENTS: Consider approval of
amendment No. 1 with Iberiabank for a further price reduction to the City's purchase
price of the Mortgage Note for the Auburn Trace Apartments; and extend the closing
date until May 29,2015. (Motion to approve;Approved, 5-0)
G. APPROVAL OF FY 2014/2015 SPENDING IN EXCESS OF $25,000.00/
ALLEN, NORTON & BLUE FOR FEES/ SPECIAL LABOR
COUNSEL: Consider approval of spending in excess of$25,000.00 for special counsel
labor services to Allen, Norton & Blue for fiscal year 2014/2015. This
recommendation is in compliance with Code of Ordinances Chapter 36, Section
36.03(B), and "Multiple Acquisitions from Vendor Exceeding Twenty-Five Thousand
Dollars ($25,000.00) in Any Fiscal Year". (Motion to approve; Approved, 4-1.
Commissioner Petrolia dissenting)
H. AMENDMENT NO. 1 TO TRIPARTY INTERLOCAL
AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY AND THE
GREATER DELRAY BEACH CHAMBER OF COMMERCE/ OLD
LIBRARY SITE AND CHAMBER RELOCATION: Consider approval of
Amendment No. 1 to the Triparty Interlocal Agreement between the City, the Delray
Beach Community Redevelopment Agency and the Greater Delray Beach Chamber of
Commerce for the Release of Right and Reverter Encumbering Real Property relative to
the Old Library Site and Chamber Relocation. (REMOVED)
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I. REIMBURSEMENT AGREEMENT/HHC SEAGATE HAMLET, LLC:
HAMLET SEAGATE SUBDIVISION: Consider approval to reimburse HHC
Seagate Hamlet, LLC for fifty percent (50%) of the actual cost in an amount not to
exceed $110,000.00 for engineering services and construction cost associated with
rebuilding the road and canal, as well as, repairing the culvert and associated drainage
associated with the property located at 3600 Hamlet Drive. (Motion to approve;
Approved,5-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 05-15 (SECOND READING) 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 and establishing penalties.
(Motion to approve;Approved, 5-0)
B. ORDINANCE NO. 08-15 (SECOND READING) Consider an amendment to the
Code of Ordinances of the City of Delray Beach, Florida, by amending Chapter 71,
"Parking Regulations"; amending Section 71.060, "Parking Meter Permits", Subsection
(E); allowing for prorating of the cost of Annual Parking Permits And Senior Beach
Permits after April 1 of each year. (Motion to approve;Approved,5-0)
11. FIRST READINGS:
A. ORDINANCE NO. 10-15 (FIRST READING) Consider an amendment to
Chapter 33, "Police and Fire Rescue Departments", Section 33.60, "Definitions";
Section 33.62, `Benefit Amount and Eligibility", and Section 33.689, "Retirement
Benefit Enhancement"; to conform the Code to the terms of the new Collective
Bargaining Agreement. If passed, a public hearing will be held tentatizey on April 21,
2015. (Motion to approve;Approved,5-0)
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
1. Termination of Contract with Oceanside Beach Services, Inc. (Commissioner
Jarjura declared a conflict of interest and stepped away from the dais)
(Motion to extend the meeting past 11:00 p.m.;Approved, 5-0)
B. City Attorney
C. City Commission
POSTED: MARCH 23, 2015
***Meeting adjourned at 11:19 p.m.***
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