03-03-15 Agenda Results Regular Meeting City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, March 3, 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. July 15,2014—Regular Meeting(Approved,5-0)
B. September 4, 2014—Regular Meeting (Approved,5-0)
C. September 16, 2014—Regular Meeting (Approved,5-0)
D. October 7,2014 Regular Meeting(Approved,5-0)
5. PRESENTATIONS:
A. Presentation of Sponsorship Trophy for ATP Delray Beach Open by the Venetian Las
Vegas —Mark Baron
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 9.j.,Resolution No. I6-15/Sister Cities/Haiti,
was TABLED to the March 31,2015 Regular Meeting.Approved as amended,5-0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved,5-0)
A. ACCEPTANCE OF A LIMITED ACCESS EASEMENT DEED/135 DIXIE
BOULEVARD: Approve acceptance of a limited access easement for the property
located at 135 Dixie Boulevard, to restrict vehicular access onto the property from N.E.
2nd Avenue.
B. QUEST TO CONSTRUCT IMPROVEMENTS WITHIN THE CITY'S
RIGHT-OF-WAY/DELRAY ASSOCIATES, INC. / DECK 84 RESTAURANT:
Authorize the City Manager to execute a letter providing the City's written consent to
Delray Associates, Inc. for the construction of an awning over the deck at Deck 84
Restaurant.
C. REVOCABLE LICENSE AGREEMENT/APPLIED HYDROGEOLOGIC
SOLUTIONS, LLC.: Approve a Revocable License Agreement with Applied
Hydrogeologic Solutions, LLC to install a ground monitoring well to be used for
groundwater testing as part of a FDEP Petroleum Restoration Program assessment for
the gas station located at 4525 West Atlantic Avenue.
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D. APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000.00/OT
SERVICES, INC. Approval for FY 2015 spending with Overtime (OT) Services, Inc.
in an amount not to exceed $47,525.00 for the cleaning of various departments, in
addition to other related services "as needed". 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". Funding is available from various sources.
E. APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN
ELECTION: Approve the poll workers for the First Nonpartisan Election to be held
on March 10,2015.
F. GRANT AWARD/FACTORY MUTUAL INSURANCE COMPANY (FM
GLOBAL) FOR SMOKE DETECTOR INSTALLATION PROGRAM:
Authorize acceptance of a grant in the amount of $1,500.00 for the Smoke Detector
Installation Program.
G. LEASE AGREEMENT APPROVAL FOR CITY OF DELRAY BEACH
WELLNESS CENTER/PINEAPPLE GROVE HOLDINGS, LLC.: Approve the
lease agreement between the City and Pineapple Grove Holdings, LLC for continued
services at the Employee Health and Wellness Center.
H. PROCLAMATIONS:
1. Irish American Heritage Month—March 2015
2. All Peoples Day—March 22, 2015
3. St. Patrick's Day Parade
I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
Februarys 9, 2015 through February 20, 2015.
J. AWARD OF BIDS AND CONTRACTS:
1. Approve the ranking results of the coastal engineering services Request for
Quotes (RFQ 2015-01) and authorization to negotiate a contract with CB &I
Environmental & Infrastructure, Inc. This recommendation is in compliance
with the Code of Ordinances, Chapter 36, Section 36.02(C)(3), "Professional
Services".
9. REGULAR AGENDA:
A.I. CONSIDERATION TO ACCEPT APPEAL REQUEST OF A HISTORIC
PRESERVATION BOARD (HPB) APPEAL FOR 218 N.E. 5TH COURT:
Consider the procedural appropriateness of an appeal request submitted by Marc Julien
Homes, LLC. associated with the action taken by the Historic Preservation Board
(HPB) on December 17, 2014. (XIotion to hear the appeal;Approved,5-0)
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A.2. APPEAL OF HISTORIC PRESERVATION BOARD (HPB) DENIAL OF
RELOCATION REQUEST FOR 218 N.E. 5TH COURT: Contingent upon
Commission approval to accept appeal request; consider an appeal of the Historic
Preservation Board's decision to deny the request by Marc Julien Homes, LLC. for a
Certificate of Appropriateness for the relocation of a contributing structure at 218 N.E.
5 1 Court. (Quasi-judicial Hearing) (Motion to adopt board order as amended;Approved, 5-
0)
(Motion to move Item 9.C., Conditional Use Request/Jean 3:16 Evangelical Baptist Church/Expand the
Existing Church Sanctuary, before Item 9.B., Conditional Use Request/Premier Stoneworks/1455 S.W. 41h
Avenue;Approve,5-0)
B. CONDITIONAL USE REQUEST/ PREMIER STONEWORKS/ 1455 S.W. 4TH
AVENUE: Consider approval of a conditional use request for Premier Stoneworks, to
allow a concrete product manufacturing establishment in the Industrial Zoning District
for the property located at 1455 S.W. 4th Avenue. (Quasi-judicial Hearing) (Motion
to adopt board order as amended removing condition "E";Approved,5-0.)
C. CONDITIONAL USE REQUEST/ JEAN 3:16 EVANGELICAL BAPTIST
CHURCH/EXPAND THE EXISTING CHURCH SANCTUARY: Consider
approval of a conditional use to build a 2,971 square feet addition to the Jean 3:16
Evangelical Baptist Church sanctuary located at 620 Bluebird Drive. (Quasi-judicial
Hearing)(Motion to approve subject to conditions;Approved,5-0.)
D. SIDEWALK DEFERRAL AND EASEMENT DEED/ 1012 N. VISTA DEL
MAR DRIVE: Consider a request from the property owner of 1012 N. Vista Del Mar
Drive for a sidewalk deferral or the option to pay a fee in-lieu of sidewalk. (Quasi-
judicial Hearing) (First motion to adopt board order as presented;Approved, 5-0. Second motion
to approve sidewalk deferral agreement;Approved,5-0)
E. PARKING COMPLIANCE AGREEMENT/THE METROPOLITAN AT
DELRAY, LLC AND SUNTRUST BANK: Consider approval of a request for a
parking compliance agreement with The Metropolitan at Delray, LLC and SunTrust
Bank. (Motion to approve;Approved,5-0)
F. ADVANCED APPROVAL FOR FY 2015 EXPENDITURES/INNOVATIVE
METERING SOLUTIONS, INC.: Consider advanced approval for FY 2015
spending with Innovative Metering Solutions, Inc. for subsequent phases of the Meter
Replacement and Advanced Metering Infrastructure (AMI) project (P/N 2012-013),
subject to future funding appropriations as approved through the Capital Improvement
Program, not to exceed the bid amount of $5,145,995.70. This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02(6)(a), "Sole
Source", Section 36.06(A)(2), "Within the Scope of Work", and Section 36.03(B),
"Multiple Acquisitions from Vendor Exceeding Twenty-Five Thousand Dollars
($25,000.00)". (Motion to approve;Approved,5-0)
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G. CHANGE ORDER NO. 1/1.W. CHEATHAM, LLC./ STREET
RESURFACING PROJECT: Consider approval of Change Order No. 1 to J.W.
Cheatham, LLC in the amount of $134,747.50 for additional street resurfacing
associated with the annual Street Resurfacing Project (P/N 2014-022). This
recommendation 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". Funding is available from account numbers
334-3162-541-61.17 (General Construction Fund: Capital Outlay/ Street Reconstruction) and
448-5461-538-63.90 (Storm Water Utility Fund: Improvements Other/ Other Improvements).
(Motion to approve;Approved,5-0)
H. SERVICE AUTHORIZATION NO. 12-06.1 /MATHEWS CONSULTING,
INC. FOR WATER METER REPLACEMENT /ADVANCED METERING
INFRASTRUCTURE (AMI) SYSTEM: Consider approval of Service
Authorization No. 12-06.1 with the Mathews Consulting, Inc. in the amount of
$59,489.00 for professional construction administration and engineering services related
to implementing Phase 2 of the Water Meter Replacement/Advanced Metering
Infrastructure (AMI) Project No. 2012-013. This recommendation for approval is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02(C), "Professional
Services". Funding is available from 442-5178-536-64.46 (Water and Sewer Fund:
Automatic Meter Reading). (Motion to approve;Approved,5-0)
I. FRANCHISE AGREEMENT/ SOUTHERN WASTE SYSTEMS, LLC./
SOLID WASTE AND RECYCLABLE MATERIALS: Consider approval of the
Solid Waste and Recyclable Materials Franchise Agreement with Southern Waste
Systems,LLC. (Motion to approve;Approved,5-0)
J. RESOLUTION NO. 16-15/SISTER CITIES/HAITI: Consider approval of
Resolution No. 16-15 regarding a Sister City in Haiti. (TABLED)
K. RESOLUTION NO. 08-15/AUTHORIZING CORRECTIVE QUIT CLAIM
DEED/HISTORIC DEPOT SQUARE PLAT: Consider approval of Resolution
No. 08-15 authorizing a corrective quit claim deed in connection with the prior
exchange of property at Historic Depot Square; and motion to accept a special warranty
deed from Depot Industrial Center, LLC for the dedication of Roadway; and
amendment to Roadway Improvement Agreement. (Motion to approve amendment to
Roadway Improvement Agreement;Approved,5-0)
L. DESIGNATION OF CITY REPRESENTATIVE FOR BALLOT
CANVASSING FOR THE MARCH 10, 2015 MUNICIPAL ELECTION:
Consider designating a representative for ballot canvassing for the March 10, 2015
Municipal Election. (Motion to designate City Clerk as representative for the ballot canvassing;
Approved,5-0)
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M. APPROVAL OF RFP NO. 2015-07 11ANITORIAL SERVICES: Consider
approval of ranking recommendation and award of a two-year contract with one
additional two-year renewal option, for janitorial services (RFP No. 2015-07) to United
States Services, Inc. and American Facility Services, Inc. in an annual amount not to
exceed $172,000.00. This award is in compliance with the Code of Ordinances, Chapter
36, Section 36.02(A), "Sealed Competitive Method". Funding is available from various
departmental operating budgets. (Motion to approve;Approved,5-0)
10. PUBLIC HEARINGS:
A. None
11. FIRST READINGS:
A. ORDINANCE NO. 08-15 (FIRST READING): Consider an amendment to
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; providing a Saving Clause, a General Repealer
Clause, and an Effective Date.. If passed, a public hearing will be held on March 31,
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: FEBRUARY 27, 2015
***Meeting Adjourned at 10:58 P.M.***
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