07-07-15 Agenda Results Regular Meeting City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, July 07,2015
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 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. (Vice Mayor Petrolia and Commissioner Jarjura were absent)
2. PLEDGE OF ALLEGIANCE TO THE FLAG.
3. APPROVAL OF MINUTES: None
4. PRESENTATIONS:
A. Recognizing and commending Nathan Price for his 1001h birthday
5. 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
6. AGENDA APPROVAL. (Mayor Glickstein noted that Item 7.C., Change Order No. 1/ Johnson-
Davis, Inc./Dover Lowson Culvert Rehabilitation,was removed from the agenda; Item 8.C., Resolution
No. 36-15/Best Interest Resolution — Classic Auto Collision Corporation, was moved to the Regular
Meeting of July 14,2015;regarding Item 8.Q.,Nominations for Appointment to the Public Art Advisory
Board,Joyce Warner requested that her application be withdrawn.Approved as amended, 3-0)
7. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended,3-0)
A. RESOLUTION NO. 39-15/INTERLOCAL AGREEMENT WITH
MULTIPLE AGENCIES: Motion to Approve Resolution No. 39-15 and the
Interlocal Agreement between the Florida Department of Transportation, Palm Beach
County, and Palm Beach County Municipalities for the expansion of the membership of
the Palm Beach Metropolitan Planning Organization (MPO) to include a voting
representative for the Village of Palm Springs, and permanent seats for the City of
Greenacres and the Village of Royal Palm Beach.
B. RESOLUTION NO. 04-15/BEACH RENOURISHMENT PROJECT: Motion
to Approve Resolution No. 04-15 providing support for the City Of Delray Beach
Renourishment Project; providing for the ongoing funding commitment and providing
for the Local Match.
C. CHANGE ORDER NO. 1/1OHNSON-DAVIS, INC./DOVER LOWSON
CULVERT REHABILITATION: Motion to Approve Change Order No. 1 in the
amount of $14,757.00 and a 60-day contract extension to Johnson-Davis, Inc. for
additional work due to unforeseen site conditions for the Dover/Lowson Culvert
Replacement Project No. 14-100, Bid No. 2015-23. This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section 36.06(A)(1), `Beyond the
Scope of Work", and Section 36.06(A)(3), "Extension of Completion Dates". Funding
is available from 448-5461-538-69.30 (Storm Water Utility Fund: Flood Control/Other
Improvements/Dover Lowson Culvert Replacement). (PULLED)
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D. SERVICE AUTHORIZATION NO. 12-06/CALVIN GIORDANO AND
ASSOCIATES, INC./SIDEWALKS ON S.E. 4TH STREET: Motion to Approve
Service Authorization No. 12-06 to Calvin Giordano and Associates, Inc. in the amount
of$11,088.44 for professional services related to design of the S.E. 4`h Street sidewalks,
RFQ No. 2012-06. This recommendation is in compliance with the Code of Ordinances,
Chapter 36, Section 36.02(C)(3), "Professional Services". Funding is available from 334-
3162-541-63.11 (General Construction Fund: Road and Street Facilities/Improvements
Other than Buildings/Bike Path/Sidewalks).
E. APPROVAL OF THE EXECUTION OF THE SATISFACTION OF
MORTGAGE AND RELEASE/CRC RECOVERY FOUNDATION, INC.:
Motion to Approve the execution of the Satisfaction of Mortgage and Release
document acknowledging full payment and releasing in full the lien and effect of said
note and mortgage executed by CRC Recovery Foundation on the property located at
1700 Lake Ida Road.
F. PROCLAMATIONS:
1. None
G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Motion to Accept the actions and decisions made by the Land Development Boards for
the period June 8, 2015 through June 19, 2015.
H. AWARD OF BIDS AND CONTRACTS:
1. None
8. REGULAR AGENDA:
A. REPORT ON ATLANTIC CROSSING: Presentation by Simmons & White of its
review of the two proposed site plan access alternatives for the Atlantic Crossing
project. (NO ACTION TAKEN)
B. RESOLUTION NO. 30-15: FY 2014/2015 BUDGET AMENDMENT: Motion to
Approve by majority vote, Resolution No. 30-15 amending the Fiscal Year 2014-15
budget. (Motion to approve;Approved, 3-0)
C. RESOLUTION NO. 36-15/BEST INTEREST RESOLUTION - CLASSIC
AUTO COLLISION CORPORATION: Motion to Approve Resolution 36-15
approving acquisitions with Classic Auto Collision Corporation in an amount not to
exceed $30,000.00 for FY 2015 for accident/collision repairs to City vehicles; declaring
by a four-fifths affirmative vote that the acquisitions from Classic Auto Collision
Corporation of Delray Beach is in the Best Interest of the City; until such time that an
RFQ is issued by the Purchasing Department for services related to collision repairs to
City vehicles. 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".
Funding is available from 501-3311-591-52.52 (Garage Fund: Intra-governmental
Services/Operating Supplies/City Garage - Outside Services). (MOVED TO THE
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JULY 14, 2015 REGULAR MEETING)
D. SERVICE AUTHORIZATION NO. 12-07/CALVIN GIORDANO AND
ASSOCIATES, INC./S.E. 4 T AVENUE BEAUTIFICATION: Motion to
Approve Service Authorization No. 12-07 with Calvin, Giordano and Associates, Inc. in
the amount of $129,968.16 for professional design services for the S.E. 4`h Avenue
Beautification (Project No. 15-011). This recommendation is in compliance with the
Code of Ordinances, Chapter 36, Section 36.02(C)(3), "Professional Services". Funding
is available from 334-3162-541-69.25 (General Construction Fund:
Transportation/Road and Street Facilities/Other Improvements/S.E. 4TH Avenue
Beautification) and 448-5461-538-69.25 (Storm Water Utility Fund: Physical
Environment/Flood Control/Other Improvement/ S.E. 4TH Avenue Beautification).
(Motion to approve;Approved, 3-0)
E. RESCIND BID AWARD, BID NO. 2015-17/REPUBLIC CONSTRUCTION/
REBID THE NORTH AND SOUTH OCEAN BOULEVARD BEACH
GAZEBOS: Motion to Approve rescinding the April 6, 2015 bid award to Republic
Construction, Bid No. 2015-17, and rejecting all bids received for the North and South
Ocean Boulevard Beach Gazebos replacement project, and authorize staff to re-
advertise the scope of work. (Motion to approve;Approved, 3-0)
F. BID AWARD/F2 INDUSTRIES, LLC./CHEMICALS FOR WATER
TREATMENT PLANT: Motion to Approve a bid award, Bid No. 2015-41, to F2
Industries, LLC. at an annual cost not to exceed $95,000.00 for the purchase and
delivery of Poly Phosphate for use in the water treatment process. The contract term
is for two (2) years,with an option to renew for two (2) one (1) year periods, subject to
annual budget appropriations. This recommendation is in compliance with the Code
of Ordinances, Chapter 36, Section 36.02(A)(1), "Sealed Competitive Method".
Funding is available from 441-5211-536-52.21 (Water and Sewer Fund: Physical
Environment/Water/Sewer Services/Operating Supplies/Chemicals). (Motion to
approve;Approved,3-0)
G. BID AWARD/B & B UNDERGROUND CONTRACTOR, INC./ALLEN
AVENUE DRAINAGE IMPROVEMENTS PROJECT: Motion to Approve a
bid award, Bid No. 2015-46, to B & B Underground Contractor, Inc. in the amount of
$81,278.00 for construction of the Allen Avenue Drainage Improvements Project
(Project No. 2009-0015). This recommendation is in compliance with the Code of
Ordinances, Chapter 36, Section 36.02 (A)(1), "Competitive Bids". Funding is
available from 448-5461-538-68.55 (Storm Water Utility Fund: Physical Environment/
Flood Control/Other Improvements/Allen Drive Drainage). (Motion to approve;
Approved,3-0)
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H. BID AWARD/ CLUB CAR, INC./ LEASE AGREEMENT FOR USED GOLF
CARTS: Motion to Approve a bid award, Bid No. 2015-43, to Club Car, Inc. in the
amount of $236,100.00 to lease 60 used golf carts for a 60-month term for use at the
Lakeview Golf Course; consider approval to trade-in 60 used golf carts for $96,000.00
for a net cost to the City of $140,100.00 and approve the vendor financing a lease
agreement for $2,535.60 per month for a 60-month term. This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1),
"Competitive Bids", and Section 36.08(A), "Trade-in". Funding is available from 446-
7111-582-71.30 (Lakeview Golf Course Fund: Debt Service/Principal/Capital Lease-
Principal). (Motion to approve;Approved,3-0)
I. PURCHASE AWARD/WATER TREATMENT & CONTROLS
COMPANY/LIME SLAKER UNIT FOR THE WATER TREATMENT
PLANT: Motion to Approve the purchase of a replacement Lime Slaking Unit for
the Water Treatment Plant from Water Treatment & Controls Company, a "Sole
Source" provider, in the amount of $184,727.00. This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(6)(a), "Sole
Source", and Section 36.02(C)(6)(b), "City Standard". Funding is available from 442-
5178-536-64.90 (Water and Sewer Renewal and Replacement Fund: Physical
Environment/Water/Sewer Services/Machinery/Equipment/Other
Machinery/Equipment). (Motion to approve;Approved,3-0)
J. BID AWARD /MULTIPLE VENDORS/COOPERATIVE BID: Motion to
Approve a one-year extension through July 2, 2016 for Bid 051-2210-14, City of
Boynton Beach is lead agency for JMA to Bound Tree Medical, LLC., Henry Schein,
Inc. and Nashville Medical & EMS Products, Inc. in an amount not to exceed
$200,000.00 for medical and medication supplies. This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(8),
"Cooperative Acquisitions". Funding is available from various sources. (Motion to
approve;Approved,3-0)
K. AMENDMENT NO. 1 TO TRIPARTY INTERLOCAL AGREEMENT FOR
THE RELEASE OF RIGHT OF REVERTER ENCUMBERING REAL
PROPERTY RELATIVE TO THE OLD LIBRARY SITE AND CHAMBER
OF COMMERCE RELOCATION: Motion to approve Amendment No. 1 to the
Triparty Interlocal Agreement between the City, the Community Redevelopment
Agency (CRA) and the Greater Delray Beach Chamber of Commerce for the Release
of Right of Reverter Encumbering Real Property relative to the Old Library Site and
Chamber of Commerce relocation. (Motion to TABLE to the July 14, 2015 Regular Meeting;
Approved,3-0)
L. NOMINATION FOR APPOINTMENT OF CHAIRPERSON AND VICE-
CHAIRPERSON FOR THE COMMUNITY REDEVELOPMENT AGENCY
(CRA) BOARD: Consider appointment of a Chairperson and Vice-Chairperson for
the Community Redevelopment Agency (CRA) Board. (Motion to TABLE to the July 14,
2015 Regular Meeting;Approved,3-0)
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M. NOMINATION FOR APPOINTMENT TO THE DOWNTOWN
DEVELOPMENT AUTHORITY: Nomination for appointment of one (1) regular
member to serve on the Downtown Development Authority for a three (3) year term
ending July 1, 2018. Based on the rotation system, the nomination for appointment
will be made by Commissioner Katz (Seat#3). (Appointed Bonnie Beer and approved 3-0)
N. NOMINATIONS FOR APPOINTMENT TO THE KIDS AND COPS
COMMITTEE: Nominations for appointment of four (4) regular members to serve
on the Kids and Cops Committee for two-year terms ending July 31, 2017. Based on
the rotation system, the nominations for appointment will be made by Deputy Vice-
Mayor Jacquet (Seat #2), Commissioner Katz (Seat #3), Commissioner Jarjura (Seat
#4) and Mayor Glickstein (Seat #5). (Appointed Kenya Madison and approved 3-0;Appointed
Jennifer Aracri and approved 3-0; Appointed Cory Cassidy and approved 3-0. Commissioner Jarjura's
appointment was deferred to the July 14,2015 Regular Meeting)
O. NOMINATIONS FOR APPOINTMENT TO THE NUISANCE
ABATEMENT BOARD: Nominations for appointment of three (3) regular
members to serve on the Nuisance Abatement Board for two (2) year terms ending
July 31, 2017. Based on the rotation system, the nominations for appointment will be
made by Mayor Glickstein (Seat #5), Vice-Mayor Petrolia (Seat #1) and Deputy Vice-
Mayor Jacquet (Seat # 2). (Appointed Philip Friedman and approved 3-0. Deputy Vice Mayor
Jacquet suggested demolishing this board. City Attorney Pfeffer will research the criteria regarding this
board and bring back to the City Commission)
P. NOMINATIONS FOR APPOINTMENT TO THE GREEN
IMPLEMENTATION ADVANCEMENT BOARD: Nominations for
appointment of four (4) regular members to serve on the Green Implementation
Advancement Board for three (3) year terms ending July 31, 2018. Based on the
rotation system, the nominations for appointment will be made by Mayor Glickstein
(Seat #5), Vice-Mayor Petrolia (Seat #1), Deputy Vice-Mayor Jacquet (Seat #2) and
Commissioner Katz (Seat#3). (Appointed Cynthia.Freeburn and approved 3-0;Appointed Giulia
Pace and approved 3-0. Vice Mayor Petrolia and Commissioner Katz's appointments were deferred to
the July 14,2015 Regular Meeting)
Q. NOMINATIONS FOR APPOINTMENT TO THE PUBLIC ART
ADVISORY BOARD: Nominations for appointment of three (3) regular members
to serve on the Public Art Advisory Board for three (3) year terms ending July 31,
2018. Based on the rotation system, the nominations for appointment will be made by
Vice-Mayor Petrolia (Seat #1), Deputy Vice-Mayor Jacquet (Seat #2) and
Commissioner Katz (Seat #3). (Appointed Daniel Bellante and approved 3-0; Appointed
Francesca Mallows and approved 3-0. Vice Mayor Petrolia's appointment was deferred to the July 14,
2015 Regular Meeting)
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9. PUBLIC HEARINGS:
A. ORDINANCE NO. 10-15 (SECOND READING).: Motion to Approve Ordinance
No. 10-15, amending 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. (Motion to approve;Approved,3-0)
B. ORDINANCE NO. 12-15 (SECOND READING) Motion to Approve Ordinance
No. 12-15, adopting a Small-Scale Future Land Use Map Amendment from MD
(Medium Density Residential 5-12 du/ac) to CC (Commercial Core), pursuant to the
provisions of the "Community Planning Act", Florida Statutes Section 163.3187, for
land located on the west side of S.W. 6th Avenue, 334 Feet south of West Atlantic
Avenue, and land located on the east side of S.W. 7th Avenue, 365 Feet south of West
Atlantic Avenue, as more particularly described herein, and rezoning and placing said
land presently zoned RM (Medium Density Residential) District to CBD (Central
Business) District; amending "Zoning Map Of Delray Beach, Florida, February 2015".
(Motion to approve;Approved, 3-0)
C. ORDINANCE NO. 13-15 (SECOND READINGS Motion to Approve Ordinance
No. 13-15, amending the Land Development Regulations (LDR) by amending
Subsection 4.5.1(F-)(6), "Relocation," to establish regulations and guidelines regarding
the relocation of buildings or structures within, to, or from Historic Districts or sites; by
enacting Section 7.10.11, "Historic Structures," to establish a historic structure
relocation bond, and to provide for forfeiture of same for failure to successfully relocate
a historic structure. (Mayor Glickstein passed the gavel to Deputy Vice Mayor Jacquet.Motion
to approve; Approved, 2-1. Deputy Vice Mayor dissenting. Second motion to reconsider;
Approved 3-0. Third motion to continue to a time certain of August 18, 2015 Regular Meeting;
Approved,3-0)
D. ORDINANCE NO. 14-15 (SECOND READING) Motion to Approve Ordinance
No. 14-15, amending the Land Development Regulations (LDR) by repealing
Subsection 4.5.1(E)(7), "Demolition"; by renaming and amending Subsection 4.5.1(F),
"Restrictions On Demolitions," to amend regulations and guidelines regarding the
demolition of Historic Structures, to require the submission of a demolition plan, to
require that property owners applying for demolition permits take certain steps to
document, salvage, and record Historic Structures, to establish additional requirements
for demolition of more than 25 percent of a contributing or Individually Designated
Structure; by amending Subsection 4.5.1(G), "Unsafe Buildings," to require the Chief
Building Official to provide the Historic Preservation Board with documentation
regarding any structure within a designated historic site or designated historic district
that is unsafe. (Motion to approve;Approved, 3-0)
E. ORDINANCE NO. 15-15 (SECOND READING) Motion to Approve Ordinance
No. 15-15, amending the Land Development Regulations (LDR) by amending Section
4.7, "Family/Workforce Housing", to provide the City Commission with the discretion
to determine the most appropriate means of meeting the Workforce Housing
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requirement for each applicant; providing that the applicant must elect the Preferred
Option for meeting the Workforce Housing requirement at the time of application for
Conditional Use approval. (Motion to approve;Approved, 3-0)
F. ORDINANCE NO. 17-15: CIVIL RIGHTS (SECOND READING- Motion to
Approve Ordinance No. 17-15,Amending Title 13, "General Offenses", of the Code of
Ordinances, by creating a new Section 137, "Civil Rights", providing for Non-
Discrimination within the City. (Motion to approve;Approved, 3-0)
10. FIRST READINGS:
A. None
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JULY 2, 2015
***Meeting adjourned at 8:58 p.m.***
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