05-20-15 Agenda Results Regular Meeting City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Wednesday,May 20, 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.mvdelraybeach.com
1. ROLL CALL. (Coinmissioner Katz absent)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. Motion to Approve minutes of April 3, 2014 City Commission Special Meeting, October
21, 2014 City Commission Special Meeting, November 18, 2014 City Commission Regular
Meeting and May 12, 2015 City Commission Workshop Meeting. (Motion to approve;
Approved, 4-0)
5. PRESENTATIONS:
A. Spotlight on Education—Pine Grove Elementary
B. Gift Presentation from Sister Cities
C. Design Guidelines Update— Anthea Gianniotes, Treasure Coast Regional Planning Council
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
(Motion to continue Public Comments then do Consent Agenda before Public Hearings;Approved,4-0)
7. AGENDA APPROVAL. (1\,Iayor Glickstein noted that Item 8.G., Set-vice Authorization No. 12-
06/Calvin Giordano and Associates, Inc.,was moved to the Regular Agenda as Item 9.B.B.; Item 8.I.1.,
Omega Psi Phi Lambda Alpha Alpha—35 Years of Service, was moved to the Regular Agenda as Item
9.A.A.; Staff requested that Item 9.L., Resolution No. 30-15 — Mid Year Budget Amendment, be
removed. Approved as amended,4-0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended,4-0)
A. FINAL SUBDIVISION PLAT/BORDERLINE/2200 LAKE DRIVE: Motion to
Approve a final boundary plat for a two lot single-family subdivision platted as
Borderline located at the northwest corner of N.W. 22 Street and Lake Drive.
B. ACCEPTANCE OF WATER EASEMENT DEED/CLEMENT COTE AND
NANCY TESSIER/LATITUDE DELRAY LOT 6: Motion to Accept a Water
Easement Deed with Clement Cote and Nancy Tessier at Latitude Delray, Lot 6,
Building No. 2 located at 222 S. Latitude Circle.
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C. ACCEPTANCE OF WATER EASEMENT DEED/LATITUDE OASIS,
LLC/LATITUDE DELRAY LOT 22: Motion to Accept a Water Easement Deed
with Latitude Oasis, LLC at Latitude Delray, Lot 22, Building No. 4 located at 227 N.
Latitude Circle.
D. ACCEPTANCE OF WATER EASEMENT DEED/LATITUDE OASIS,
LLC/LATITUDE DELRAY LOT 7: Motion to Accept a Water Easement Deed
with Latitude Oasis, LLC at Latitude Delray, Lot 7, Building No. 3 located at 228 S.
Latitude Circle.
E. ACCEPTANCE OF WATER EASEMENT DEED/GARRETT AND NANCY
SCHULTZ/LATITUDE DELRAY LOT 23: Motion to Accept a Water Easement
Deed with Latitude Oasis, LLC at Latitude Delray, Lot 23, Building No. 5 located at
221 N. Latitude Circle
F. AMENDMENT NO. 1 TO SERVICE AUTHORIZATION 12-
03.1/WANTMAN GROUP, INC./FORCE MAIN 58A REPLACEMENT
PROJECT: Motion to Approve Service Authorization No. 12-03.1 (Amendment No.
1) with Wantman Group, Inc. in the amount of$27,492.56 for professional engineering
services X4-) 2012-06) related to the replacement of force mains at Systems 58A and
87 (Project No. 2014-039); providing design, a lift station electrical control panel and
construction administration services during project construction. This recommendation
is in compliance with the Code of Ordinances, Chapter 36, Section 36.06(A)(1),
"Beyond the Scope of Work". Funding is available from 442-5178-536.63-88 (Water
and Sewer Renewal and Replacement Fund: Improvements Other/Force Main
Replacement).
G. (MOVED TO REGULAR AGENDA AS ITEM 9.13.11.)
TI. HOLD HARMLESS AGREEMENT/DELRAY PRESERVE/FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) RIGHT-OF-WAY: Motion
to Approve a Hold Harmless Agreement with Delray Preserve for work in the Florida
Department of Transportation (FDOT) Right-of-Way.
I. PROCLAMATIONS:
1. (MOVED TO REGULAR AGENDA AS ITEM 9.A.A.)
2. Clean Air Challenge Month—May 2015
J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
No appealable reports for the period of April 27, 2015 through May 1, 2015.
K. AWARD OF BIDS AND CONTRACTS:
1. None
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9. REGULAR AGENDA:
A.A. Omega Psi Phi Lambda Alpha Alpha Chapter — 35 Years of Service (NO ACTION
TAKEN)
B.B. SERVICE AUTHORIZATION NO. 12-06/CALVIN GIORDANO AND
ASSOCIATES INC./COMMUNITY REDEVELOPMENT AGENCY (CRAB
SIDEWALKS FISCAL YEAR (F32015: Motion to Approve Service Authorization
No. 12-06 to Calvin, Giordano and Associates, Inc. in the amount of $19,830.24 for
professional design services related to the CRA Sidewalks FYI 5, Project No. 2015-002.
Funding is available from account 334-3162-541-63.11 (General Construction Fund:
Public Works/Improvements Other Than Buildings/Bike Paths/Sidewalks) (Motion to
approve Service Authorization for S.E. V, Street from Swinton Avenue to S.E. 5111 Avenue for
design services with Calvin Giordano and Associates,Inc.;Approved,4-0)
A. SIDEWALK IN-LIEU FEE/962 BOLENDER DRIVE: Consider a request from
the property owner of 962 Bolender Drive to pay a fee in-lieu of sidewalk installation.
(Quasi-judicial Hearing) (lotion to adopt board order as presented; Approved, 4-0.
Second motion to approve a sidewalk in-lieu payment of $4,200 for relief of sidewalk
installation by the owner of 962 Bolender Drive;Approved, 4-0)
B. SIDEWALK IN-LIEU FEE/3021 JASMINE COURT: Consider a request from
the property owner of 3021 Jasmine Court to pay a fee in-lieu of sidewalk installation.
(Quasi-judicial Hearing) (Motion to adopt board order as presented; Approved, 4-0.
Second motion to approve;Approved,4-0)
C. FINAL SUBDIVISION PLAT/CANNERY ROW: Afotion to Approve a final
boundary plat for Cannery Row Replat of Lots 11 through 13, located on the west side
of Pineapple Grove Way, between N.E. 3r`1 Street and N.E. 4 h Street. (Mayor Glickstein
declared a Conflict of Interest and passed the gavel to Vice Mayor Petrolia and left the dais.
Motion to approve a final boundary plat for Cannery Row replat of Lots 11 through 13
adopting the findings of fact as indicated in the staff report and finding that the request is
consistent with the Comprehensive Plan and meets the criteria as set forth in Section 2.4.5
"Minor Subdivision (Boundary-Plat, Lot Split), Section 3.2.3., "Standards for Site Plan and/or
Plat Actions", and Section 3.1.1., "Required Findings" of the Land Development Regulations
(LDR);Approved,3-0)
D. AMENDMENT NO. 2/R.J. BEHAR AND COMPANY, INC./ FEDERAL
HIGHWAY BEAUTIFICATION PROJECT NO. 2009-009: Motion to Approve
Amendment No. 2 to the agreement with RJ. Behar & Company, Inc. in the amount of
$151,358.00 for Construction Engineering and Inspection Services (CEI) for the
Federal Highway Beautification Project No. 2009-009. Funding is available from 334-
3162-541.68-52 (General Construction Fund: Public Works/Road and Street
Facilities/Other Improvements/Federal Highway Beautification). (Motion to approve,-
Approved,
pprove;Approved, 4-0)
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E. RESOLUTION NO. 32-15/ BEST INTEREST RESOLUTION - ELECTRIC
MOTOR OF PALM BEACH: Motion to Approve Resolution 32-15 approving FY
2015 acquisitions for repairs, rehabilitation, and parts related to submersible pumps for
raw water wells from Electric Motors of Palm Beach not to exceed $50,000.00;
declaring by a four-Fifths affirmative vote that the City's "Sealed Competitive Method",
or "Written Quotations Procurement Method" for the purchase is not in the Best
Interest of the City. Funding is available from 441-5144-536-46.20 (Water and Sewer
Fund: Lift station Maintenance/Repair and Maintenance Service/Equipment
Maintenance). This recommendation 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)(11), "Best Interest Acquisitions".
(Motion to approve;Approved, 4-0)
F. INTERLOCAL AGREEMENT AND AMENDMENT NO. 1 TO
MICROENTERPRISE LOAN PROGRAM COMMUNITY
DEVELOPMENT BLOCK GRANT(CDBG)/COMMUNITY
REDEVELOPMENT AGENCY(CRA)/ PROGRAM GUIDELINES: Motion
to Approve an Tnterlocal Agreement with the Community Redevelopment Agency
nunc pro tunc October 1, 2014 until September 30, 2015 and Amendment No. 1 of
the MicroEnterprise Loan Program guidelines for the MicroEnterprise Loan Program.
(Motion to approve an Interlocal Agreement and Amendment No. 1 to the Microenterprise
Loan Program CDBG subject to approval of the City Attorney and based on the review and
appropriate revisions to reflect the guidelines being incorporated into the agreement property,-
Approved, 4-0)
G. BID AWARD/COMPLETE PROPERTY SERVICES OF SOUTH
FLORIDA/LANDSCAPE MAINTENANCE BID NO. 2015-40: Motion to
Approve a bid award to Complete Property Services of South Florida, the third lowest
bidder, in the amount of$14,330.00 for a one-year term, with two additional one-year
renewal options, to provide landscape maintenance in the Atlantic Avenue Greenway
Plan,Vacant Lots. Funding is available from 119-4144-572-46.40 (Beautification Trust
Fund: Parks and Recreation/Beautification Maintenance). This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1),
"Competitive Bids". (Motion to approve;Approved, 4-0)
TT. PURCHASE AWARD/MANSFIELD OIL COMPANY: Motion to Approve
utilization of Mansfield Oil Company via Florida State Contract No. 405-000-01-1, for
the purchase of fuel in an amount not to exceed $1,500,000.00 per year. Funding is
available from 501-3311-591-52-51 (Garage Fund: Operating Supplies/City Garage
(CG) Inventory-Fuel). This recommendation is in compliance with the Code of
Ordinances, Chapter 36, Section 36.02(C)(7)(a), "Utilization of Other Governmental
Entities' Contracts". (Motion to approve a purchase award to Mansfield Oil Company in
addition to McMillian for the purchase of fuel in the cumulative amount of$1.5 million for FY
2015;Approved,4-0)
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I. RESOLUTION NO. 31-15/BEST INTEREST RESOLUTION — ELEV8
SPORTS INSTITUTE INC./FIELD MAINTENANCE OF POMPEY PARK:
Motion to Approve Resolution No. 31-15 approving the renewal of Contract #2013-
16 with Elev8 Sports Institute Inc. for Pompey Park Baseball Field Maintenance;
declaring by a four-Fifths affirmative vote that the City's "Sealed Competitive Method",
or "Written (Ouotations Procurement Method" for the purchase is not in the Best
Interest of the City. Funding is available from 001-4131-572-34.90 (General Fund:
Parks and Recreation/Parks Maintenance/Other Contractual Service). This
recommendation is in compliance with the Code of Ordinances, Chapter 36, Section
36.02(C)(11), "Best Interest Acquisitions". (Motion to approve;Approved,4-0)
J. AGREEMENT FOR USE OF ROBERT P. MILLER PARK/SOUTH
FLORIDA COLLEGIATE BASEBALL LEAGUE INC.: Motion to Approve an
Agreement for use of Robert P. Miller Park with the South Florida Collegiate Baseball
League, a 501c(3) not-for-profit organization, in the amount of $1.00 per year, for a
one-year (1) term from June 1, 2015 through May 31, 2016; with the option to extend
for one (1) consecutive one (1) year period; and delegating authority to the City
Manager to issue such consent for extension. (Motion to approve;Approved, 4-0)
K. RETROACTIVE AGREEMENT RENEWAL WITH XEROX
GOVERNMENT SYSTEMS, LLC./FIREHOUSE SOFTWARE: Motion to
Approve a retroactive six-month renewal from April 1, 2015 through September 30,
2015, of the support service agreement with Xerox Government Services, Inc. for
Firehouse Software in the amount of $14,522.50. This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(6)(a), ",Sole
Source". Funding is available from 001-2315-526-46.90 (General Fund: Fire
Operations/Ambulance &Rescue Services/Other Repair/Maintenance Costs). (Motion
to approve; Approved,4-0)
L. RESOLUTION NO. 30-15 — MID YEAR BUDGET AMENDMENT: Motion
to Approve Resolution No. 30-15, amending Resolution No. 48-14 adopted September
16, 2014, which made appropriations of sums of money for all necessary expenditures
of the City for the Fiscal Year 2014-2015 by setting forth the anticipated revenues and
expenditures for the operating funds for the Fiscal Year 2014-2015; repealing all
resolutions inconsistent herewith. (REMOVED)
M. BID AWARD/ GRANICUS, INC. FOR VIDEO/AUDIO STREAMING:
Motion to Approve a Bid Award (RFP 2015-27) for video audio streaming, paperless
agenda and civic engagement software to Granicus, Inc., the second lowest bidder, for a one
year agreement with an option to renew for two (2) additional one-year periods in the
amount of $42,640.00 for the year and $33,840.00 for the renewal periods. This
recommendation is in compliance with the Code of Ordinances, Chapter 36, Section
36.02(A)(2), "Requests for Proposals". (Motion to approve; Approved, 4-0)
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N. NOMINATION FOR APPOINTMENT TO THE DELRAY BEACH
HOUSING AUTHORITY BOARD: Nomination for appointment of one (1)
regular member to serve on the Delray Beach I Lousing Authority Board to serve an
unexpired term ending July 14, 2016. Based on the rotation system, the nomination
for appointment will be made by Commissioner Katz (Seat#3). (It was the consensus of
the Commission to postpone this appointment to June 2, 2015 and not have it count against
Commissioner Katz)
O. RETENTION OF SPECIAL COUNSEL FOR ATLANTIC CROSSING
PROJECT: Motion to approve the City Attorney's recommendation to retain Ms.
Debbie Orshefsky as special counsel in connection with the proposed Atlantic
Crossing project. (It was the consensus of the Commission to retain Steve Rubin as Special as
Counsel for Atlantic Crossing Project)
10. PUBLIC HEARINGS:
A. RESOLUTION NO. 27-15: CONTRACT FOR SALE AND PURCHASE OF
THE PROPERTY LOCATED AT 510 S.W.14TH AVENUE: Motion to Approve
Resolution No. 27-15 authorizing the sale of the Neighborhood Stabilization Program
property located at 510 S.W. 14`x' /\venue to Patricia Green for the purchase price of
$115,000.00, or appraised value and provide subsidy up to $25,000.00 secured by
promissory note and second mortgage. (Motion to approve;Approved,4-0)
B. ORDINANCE NO. 07-15 (SECOND 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. (Motion to
approve;Approved, 4-0)
C. ORDINANCE NO. 09-15 (SECOND 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. (Motion to approve; Approved, 4-
0)
11. FIRST READINGS:
A. None
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
1. County Deed Transferring Lake Ida Property (It was the consensus of the
Commission that the deed was acceptable to present to Palm Beach County along with
the survey and title policy)
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B. City Attorney
C. City Commission
POSTED: MAY 14, 2015
***Meeting Adjourned at 9:25 P.M.***
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