05-05-15 Agenda Results Regular Meeting City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, May 5,2015
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 lectern 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 lectern 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. December 2,2014—Regular Meeting (Approved, 5-0)
B. December 9,2014—Regular Meeting(Approved, 5-0)
5. PRESENTATIONS:
A. Update on the Legislative Session—Representative Bill Hager
B. We Heart Small Biz Month—May 2015
C. Update on the Legislative Session— Senator Maria Sachs (ADDENDUM)
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.E. (Item A), Review Of Appealable
Land Development Board Actions, was removed from the agenda until the first meeting in June; Item
8.F.1., Bid Award/ALSCO/Linen Rental Service (Bid No. 2015-14),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. ACCEPT FUNDING FOR TROLLEY SERVICES FROM SOUTH FLORIDA
REGIONAL TRANSPORTATION AUTHORITY (SFRTA): Motion to Approve
an agreement with the South Florida Regional Transportation Authority (SFRTA) for
funding in an amount not to exceed $75,000.00 for trolley services for the period of July
1, 2015 through June 30,2016.
B. RETROACTIVE APPROVAL OF AGREEMENT/FATKING FILMS,
LLC./USE OF TENNIS STADIUM: Motion to Approve a retroactive agreement
with Fatking Films,LLC., for use of the Tennis Stadium on April 8, 2015 for the filming
of a television commercial.
C. GRANT APPLICATION/DEPARTMENT OF JUSTICE BULLETPROOF
VEST PROGRAM: Motion to Approve a grant application to the Department of
Justice's Bulletproof Vest Program. If awarded, the program reimburses 50% of the
costs associated with purchasing bulletproof vests.
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D. PROCLAMATIONS:
1. Lyme Disease Awareness Month—May 2015
2. Better Hearing Month—May 2015
3. Civility Month—May 2015
4. National Safe Boating Week—May 16-22,2015
5. Water Reuse Week—May 17-23,2015
6. Trauma Awareness Day—May 18,2015
E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Motion to Accept the actions and decisions made by the Land Development Boards for
the period April 13, 2015 through April 24, 2015. (REMOVED ITEM "A" UNDER
PLANNING AND ZONING BOARD MEETING OF APRIL 20, 2015)
F. AWARD OF BIDS AND CONTRACTS:
1. (MOVED TO REGULAR AGENDA AS ITEM 9.A.A.)
9. REGULAR AGENDA:
A.A. BID AWARD/ALSCO/LINEN RENTAL SERVICE (BID NO. 2015-14):
Motion to Approve a Bid Award to ALSCO (Bid No. 2015-14) in an annual amount not
to exceed $27,000.00 for linen rental services at the Municipal Golf Course. This is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed
Competitive Method". Funding is available from 445-4715-572-52.22 (Delray Beach
Municipal Golf Course: Operating Supplies/Uniforms/Linen Service). (Motion to
approve;Approved, 5-0)
A. RESOLUTION NO. 28-15/ALL ABOARD FLORIDA: A Resolution expressing
concern that All Aboard Florida will have an adverse impact on the City; stating that the
City cannot support the All Aboard Florida Project unless the City's concerns are
adequately addressed; encouraging the Federal Rail Administration and all other Federal,
State and local agencies to require All Aboard Florida to pay for the cost of constructing
Quiet Zones, pedestrian sidewalks, required safety devices, right-of-way improvements,
and other improvements to the Florida East Coast Industries at-Grade Railroad
Crossings located within the City. (Commissioner Jarjura declared a conflict of interest and
left the dais. Motion to approve;Approved, 3-1;Deputy Vice-Mayor Jacquet dissenting)
B. BID AWARD/ROSSMAN ENTERPRISES INCORPORATED D/B/A
CLEAN AIR CONCEPTS/FIRE APPARATUS DIESEL EXHAUST SYSTEM
REPLACEMENT: Motion to Approve a Bid Award (Bid No. 2015-22) to Rossman
Enterprises Incorporated d/b/a Clean Air Concepts, the lowest responsive bidder, in
the amount of$301,179.00 for the fire apparatus diesel exhaust system project (Project
No. 2014-089). This is in compliance with the Code of Ordinances, Chapter 36, Section
36.02(A)(1), "Competitive Bids". Funding is available from 334-2311-522-64.90
(General Construction Fund: Fire Control/Other Machinery & Equipment).
(Commissioner Jarjura returned to the dais.Motion to approve;Approved, 5-0)
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C. PURCHASE AWARD/HALL-MARK FIRE APPARATUS/HORTON ALS
RESCUE AMBULANCE: Motion to Approve a purchase award to Hall- Mark Fire
Apparatus in the amount of$284,015.00 through the Florida Sheriff's Contract No. 15-
11-0116 for one (1) new Horton ALS Rescue Ambulance Specification No. 2. This
recommendation is in compliance with the Code of Ordinances, Chapter 36, Section
36.02(C)(7), "Utilization of Other Governmental Entities' Contracts". Funding is
available from 501-3312-591-64.25 (Garage Fund: Vehicle Replacement/
Machinery/Equipment/Heavy Equipment). (Motion to approve;Approved, 5-0)
D. APPROVAL OF SPENDING GREATER THAN $25,000.00 AND PURCHASE
AWARD/FLORIDA BULLET, INC: Motion to Approve a purchase award to
Florida Bullet, Inc., in an amount not to exceed $65,000.00 for acquisitions of
ammunition with Florida Bullet, Inc. for the Police Department. This recommendation
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 001-2111-521-52.20 (General Fund:
Police/Public Safety/Operating Supplies/General Operating Supplies). (Motion to
approve;Approved, 5-0)
E. RESOLUTION NO. 25-15/BANC OF AMERICA/PUBLIC CAPITAL
CORPORATION MASTER LEASE PURCHASE AGREEMENT: Motion to
Approve Resolution No. 25-15; approving the form and authorizing the execution and
delivery of a Master Equipment Lease/Purchase Agreement in an aggregate principal
amount not to exceed $10,000,000.00 with Banc of America Public Capital Corporation.
(Motion to amend Resolution No. 25-15 to include delegating to the City Manager the authority
to make subsequent draws on this loan; and that the City Manager provide a memorandum
informing the Commission of the draw within three (3) days of making a draw; Approved as
amended, 5-0)
F. RESOLUTION NO. 26-15/BANC OF AMERICA/CAPITAL CORPORATION
REIMBURSEMENT AGREEMENT: Motion to Approve Resolution No. 26-15;
to consider approval of reimbursement for certain Capital Expenditures by incurring
debt; maximum principal amount of debt; nature of project costs; authorizing incidental
action; and repeal of prior inconsistent Resolutions. (Motion to approve;Approved 5-0)
G. NOMINATION FOR APPOINTMENT TO THE EDUCATION BOARD:
Nomination for appointment of one (1) regular member to serve on the Education
Board to serve an unexpired term plus an additional full term ending July 31, 2017.
Based on the rotation system, the nomination for appointment will be made by
Commissioner Petrolia (Seat #1). (Deputy Vice-Mayor Jacquet left the dais. Appointed
Harold Van Arnem and approved,4-0.)
H. NOMINATION FOR APPOINTMENT TO THE POLICE AND
FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES:
Nomination for appointment of one (1) regular member to serve on the Police and
Firefighters Retirement System Board of Trustees to serve a two-year (2) term ending
April 22, 2017. Based on the rotation system, the nomination for appointment will be
made by Commissioner Jarjura (Seat #4). (Deputy Vice-Mayor Jacquet returned to the dais.
Motion to defer item;Approved, 5-0)
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I. DISCUSSION REGARDING PEDICABS AND PEDAL TROLLEYS: Provide
direction from the Commission on whether to allow Pedicabs and Pedal Trolleys. (It was
the consensus of the Commission to hold off on this item for six (6) months)
J. ENGAGEMENT OF SPECIAL COUNSEL FOR LEGAL OPINION, RE:
ATLANTIC CROSSING PROJECT/ATLANTIC COURT: The City Attorney
proposes that the City retain special counsel to obtain a legal opinion in connection with
the proposed Atlantic Crossing Project. (Motion to express a selection of Weiss Serota
Helfman Cole&Bierman;Approved, 5-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 11-15 (SECOND READING) Motion to Approve Ordinance
No. 11-15, amending 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. (Motion to approve;
Approved,5-0)
11. FIRST READINGS:
A. ORDINANCE NO. 07-15 (FIRST READING) Motion to Approve Ordinance
No. 07-15, an amendment to Chapter 51, "Garbage and Trash", of the Code of
Ordinances Section 51.70, "Regular Charges Levied", to provide for new Residential
Collection Service Rates for the remaining Fiscal Year 2015. If passed, a public hearing
will be held on May 19, 2015. (Motion to approve;Approved,5-0)
B. ORDINANCE NO. 09-15 (FIRST READING) Motion to Approve Ordinance
No. 09-15, an amendment to Land Development Regulations Section 4.6.9, "Off-Street
Parking Regulations", Subsection 4.6.9 (E), "Locations of Parking Spaces", Paragraph 3,
"In Lieu Fee", to create two new areas. If passed, a public hearing will be held on May
19,2015. (Motion to approve;Approved, 5-0)
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
1. Workforce Housing Trust Fund
2. Update on Impacts of New LDR Requirements for five (5) feet and six (6) feet
Clearance on Pedestrian Access and Impacts on Various Restaurants within the
City of Delray Beach
3. Report Regarding Meeting with All Aboard Florida
4. Commission Direction Regarding Fire Department
5. Creation of Purchasing Department
6. Proposed Staff Reorganization
B. City Attorney
C. City Commission
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POSTED: APRIL 29, 2015
***Meeting Adjourned at 11:00 P.M.***
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