08-18-15 Agenda Results Regular Meeting
City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, August 18, 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.mydelraybeach.com
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1. ROLL CALL.
2. PLEDGE OF ALLEGIANCE TO THE FLAG.
3. APPROVAL OF MINUTES: Motion to Approve the minutes of February 24, 2015 City
Commission Regular Meeting. (Motion to approve; Approved, 5-0)
4. PRESENTATIONS:
A. None
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 8.H., Resolution No. 52-15: Replacing
One of the Citizen-At Large Representatives of the Parking Management Advisory Board with a
Member of the Green Implementation Advancement Board, was removed from the agenda; Items 8.E.
through 8.N. be moved to the September 3, 2015 Regular Meeting. Approved as amended, 5-0)
7. CONSENT AGENDA: City Manager Recommends Approval. (Motion to approved,
Approved, 5-0)
A. HOLD HARMLESS AGREEMENT/MCA DELRAY PRESERVE OWNER
LLC: Motion to Approve a Hold Harmless Agreement with MCA Delray Preserve
Owner LLC, to install brick pavers over public utility easements where the City will
maintain sanitary sewer and water mains.
B. RESOLUTION NO. 50-15/LOCAL AGENCY PROGRAM AGREEMENT
(LAP) WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/
FEDERAL HIGHWAY BEAUTIFICATION PROJECT: Motion to Approve
Resolution No. 50-15 to execute a supplemental Local Agency Program (LAP)
agreement with Florida Department of Transportation (FDOT) for additional funding
of the Federal Highway Beautification Project (Project No. 2009-009).
C. CONSULTING AGREEMENT/CHICAGO BRIDGE & IRON
INCORPORATED (CB & I)/COASTAL ENGINEERING CONSULTING
SERVICES: Motion to Approve an agreement with Chicago Bridge & Iron
Incorporated (CB&I) related to RFQ No. 2015-01 for Coastal Engineering Consulting
Services, City Project No. 14-096. This recommendation is in compliance with the
Code of Ordinances, Chapter 36, Section 36.02(A)(2), “Request for Qualifications”.
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D. PURCHASE AWARD/TIRESOLES OF BROWARD COUNTY/GOODYEAR
TRUCK TIRES: Motion to Approve a revised expenditure limit not to exceed
$48,000.00 with Tiresoles of Broward County utilizing State of Florida Contract No.
863-000-10-1. This recommendation is in compliance with the Code of Ordinances,
Chapter 36, Section 36.02(C)(7)(c), “Utilization of Other Governmental Entities’
Contract”. Funding is available from 501-3311-591-52.52 (Garage Fund:
Intragovernmental Service Disbursement/Operating Supplies/ City Garage – Outside
Service).
E. FOOD TRUCK PILOT PROGRAM EXTENSION AND AMENDMENT TO
THE REGULATIONS: Motion to Approve the extension of the Food Truck Pilot
Program from August 31, 2015 to February 28, 2016; and Motion to Approve an
amendment to the Food Truck Pilot Program regulations to allow Food Trucks to
operate in the General Commercial (GC) and Planned Commercial (PC) zoning
districts and extend the hours of operation to midnight.
F. LICENSE AGREEMENT/MAE VOLEN SENIOR CENTER/WESTERN
COMMUNITY CENTER SITE: Motion to Approve License Agreement with Mae
Volen Senior Center for the use of Western Community Center building and parking lot
for a term of three (3) years.
G. APPROVAL OF FISCAL YEAR (FY) 2015 SPENDING GREATER THAN
$25,000.00/WOODLAKE PSYCHOLOGICAL ASSOCIATES: Motion to
Approve FY 2015 spending with Woodlake Psychological Associates in an amount not
to exceed $35,000.00 to perform psychological exams for potential new hires by the
Police Department. 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”. Funding is available from 001-2111-521-
31.90 (General Fund: Police/Support Bureau/Law Enforcement/Other Professional
Services).
H. LETTER OF SUPPORT/COUNTY JUSTICE ASSISTANCE GRANT (JAG):
Motion to authorize the Mayor to sign a letter in support of the Criminal Justice
Commission of Palm Beach County’s funding allocation for Countywide Justice
Assistance Grant (JAG) funds for FY 2015.
I. PROCLAMATIONS:
1. None
J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
There are no appealable reports for the period from July 27, 2015 through August 7,
2015.
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K. AWARD OF BIDS AND CONTRACTS:
1. Motion to Approve a bid award (Bid No. 2015-56) to M.T. Causley, CAP
Government, Inc. and GFA International for Building Inspection, Plan Review
and Development Review Services as needed for a three (3) year term with two
(2) additional one (1) year renewal periods. This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1),
“Competitive Bids”. Funding is available from 001-2721-524-31.90 (General
Fund: Community Improvement/Building Inspection/Professional
Services/Other Professional Services).
8. REGULAR AGENDA:
A. FOURTH & FIFTH DELRAY, LOCATED SOUTH OF EAST ATLANTIC
AVENUE, BETWEEN S.E. 4TH AVENUE AND S.E. 5TH AVENUE: (Quasi-
Judicial Hearing) (First Motion to approve Party Status for Avelina Properties; Approved,
5-0. Second Motion to approve 30-minute presentations for applicant, staff and the party to
present, Approved, 5-0)
(At this point Commission made a Motion to approve to move to Item 8.B., Service Authorization No.
1/Chicago Bridge & Iron Incorporated (CB&I)/Beach Management Program; Approved, 5-0)
i. Consider two Conditional Use Requests:
1. To allow for a building height in excess of 48 feet (59.5’ proposed)
within the development. (Motion to approve building height; Approved 3-
2. Vice Mayor Petrolia and Commissioner Katz dissenting)
2. To allow a movie theater within the development. (Motion to approve
movie theater; Approved, 4-1. Vice Mayor Petrolia dissenting)
ii. RESOLUTION NO. 49-15: Consider an abandonment of a portion (north
196.18 feet) of the 16 foot wide north-south alley right-of-way, lying within
Block 101. (Motion to approve Resolution No. 49-15; Approved, 3-2. Vice Mayor
Petrolia and Commissioner Katz dissenting.)
(Motion to continue the meeting past 11:00 p.m.; Approved, 3-2. Vice Mayor Petrolia and Deputy
Vice Mayor Jacquet dissenting.)
(Motion to extend the meeting past 12:00 midnight; Approved, 5-0)
B. SERVICE AUTHORIZATION NO. 1/CHICAGO BRIDGE & IRON
INCORPORATED (CB&I)/BEACH MANAGEMENT PROGRAM: Motion
to Approve Service Authorization No. 1 with Chicago Bridge & Iron Incorporated
(CB&I) regarding the City’s Beach Management Program, Project No. 12-070, in an
amount not to exceed $78,483.00 for performing professional services subject to
approval of the agreement with CB&I. This recommendation is in compliance with
the Code of Ordinances, Chapter 36, Section 36.02(C)(3), “Professional Services”.
Funding is available from 332-4164-572.31-30 (Beach Restoration Fund: Parks and
Recreation/Professional Services/Engineering/Architectural). (Motion to approve;
Approved, 5-0)
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C. PROPERTY CASUALTY INSURANCE RENEWAL ALTERNATIVES: The
City’s current property and casualty insurance coverage expires September 30, 2015.
The City’s broker, Ascension Benefits and Insurance Solutions, will provide
information of plans for renewing the policies at the lowest available price. (NO
ACTION TAKEN)
D. CONTRACT AWARD/LINE-TEC, INC./FIRE HYDRANT FLUSHING:
Motion to Approve a contract award to Line-Tec, Inc., utilizing an active contract with
the City of Boynton Beach, Florida, Bid No. 050-28121-13/JMA, for services related
to flushing fire hydrants. Estimated annual expenditure for the remainder of FY 2014-
2015 in the amount of $20,000.00 and an amount not to exceed $100,000.00 for FY
2015-2016, subject to annual budget appropriations. This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(7)(c),
“Utilization of Other Governmental Entities’ Contract”. Funding is available from
441-5123-536-34.90 (Water and Sewer Fund: Water/Sewer Services/Other Contractual
Services). (Motion to approve; Approved, 5-0)
E. CHANGE ORDER NO. 1 TO NEIGHBORHOOD STABILIZATION
PROGRAM (NSP) GRANT AWARD/510 S.W. 14TH AVENUE AND
AMENDMENT NO. 1 TO PURCHASE AND SALE CONTRACT: Motion to
Approve Change Order No. 1 in the amount of $2,430.00 and approve spending that
will exceed $25,000.00 in FY 2015 to CJ Contracting, LLC to facilitate housing
rehabilitation work to the property located at 510 S.W. 14th Avenue to bring the home
to minimum standards to obtain mortgage loan on behalf of the buyer; and Second
Motion to Approve Amendment No. 1 to the Purchase and Sale Contract for the
buyer to October 31, 2015. This recommendation is in compliance with the Code of
Ordinances, Chapter 36, Section 36.06(A)(1), “Beyond Scope of Work”, and Section
36.03(B), “Multiple Acquisitions from Vendor Exceeding Twenty-Five Thousand
Dollars ($25,000.00) in Any Fiscal Year”. Funding is available from 118-1935-554-
62.12 (Neighborhood Services Fund: Housing/Urban Development/Acquisition
Rehabilitation). (Moved to September 3, 2015 Regular Meeting)
F. MAINTENANCE AND SUPPORT AGREEMENT/MOTOROLA
SOLUTIONS, INC./RADIO SYSTEM: Motion to Affirm sole source provider
determination of Motorola Solutions, Inc.; and Second Motion to Approve a one-year
Motorola Maintenance and Support Agreement in the amount of $116,847.72 for
contract term October 1, 2015 through September 30, 2016. This recommendation is
in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(6)(a), “Sole
Source”. Funding is available from various sources contingent upon FY 2015-2016
budget approval. (Moved to September 3, 2015 Regular Meeting)
G. RESOLUTION NO. 51-15 – SERVICE OF PROCESS: Motion to Approve
Resolution No. 51-15, authorizing the City Manager, any Assistant City Manager, the
City Attorney, or any Assistant City Attorney to accept service of process on behalf of
the City of Delray Beach and any member of the City Commission who is sued in his
or her official capacity. (Moved to September 3, 2015 Regular Meeting)
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H. RESOLUTION NO. 52-15: REPLACING ONE OF THE CITIZEN-AT
LARGE REPRESENTATIVES OF THE PARKING MANAGEMENT
ADVISORY BOARD WITH A MEMBER OF THE GREEN
IMPLEMENTATION ADVANCEMENT BOARD: Motion to Approve
Resolution No. 52-15, amending Resolution No. 88-97 which established the Parking
Management Advisory Board, as subsequently amended by Resolutions 10-98, 33-98,
63-00, and 20-04 by amending Section 3 pertaining to Membership Composition to
provide for one of the Citizen-At-Large Representatives to be replaced by a member
of the Green Implementation Advancement Board. (Moved to September 3, 2015 Regular
Meeting)
I. SORICE V. CITY OF DELRAY BEACH: The City Attorney, the Chief of Police
and the Claim Adjuster, PGCS, recommend acceptance of this offer of settlement for
the reasons discussed in the Confidential Memo previously distributed to the City
Commission. (Moved to September 3, 2015 Regular Meeting)
J. GRIFFIN V. CITY OF DELRAY BEACH: The City Attorney, the Chief of Police
and the Claim Adjuster, PGCS, recommend acceptance of this offer of settlement for
the reasons discussed in the Confidential Memo previously distributed to the City
Commission. (Moved to September 3, 2015 Regular Meeting)
K. INTERACTIVE VOICE RESPONSE SYSTEM (IVR) UPGRADE/
SELECTRON TECHNOLOGIES, INC: Motion to Approve upgrade of
Selectron, the interactive voice response system and web payments system used for
utility billing and permitting, from Selectron Technologies, Inc., as “Sole Source”
provider, in the amount of $23,000.00. This recommendation is in compliance with the
Code of Ordinances, Chapter 36, Section 36.02(C)(6)(a), “Sole Source and City
Standard”, and Section 36.03(B), “Multiple Acquisitions from Vendor Exceeding
Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year”. Funding is available
from 334-6111-519-64.11 (General Construction Fund: General Government
Service/Computer Equipment). (Moved to September 3, 2015 Regular Meeting)
L. NOMINATIONS FOR APPOINTMENT TO THE HISTORIC
PRESERVATION BOARD (HPB): Nominations for appointment of three (3)
regular members to serve on the Historic Preservation Board to serve two-year
terms ending August 31, 2017. 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). (Moved to September 3, 2015
Regular Meeting)
M. NOMINATIONS FOR APPOINTMENT TO THE PLANNING AND
ZONING BOARD (P&Z): Nominations for appointment of three (3) regular
members to serve on the Planning and Zoning Board to serve two-year terms
ending August 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). (Moved to September 3, 2015 Regular
Meeting)
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N. NOMINATIONS FOR APPOINTMENT TO THE SITE PLAN REVIEW
AND APPEARANCE BOARD (SPRAB): Nominations for appointment of two
(2) regular members to serve on the Site Plan and Review Board to serve two-year
terms ending August 31, 2017. Based on the rotation system, the nominations for
appointment will be made by Commissioner Jarjura (Seat #4) and Mayor Glickstein
(Seat #5). (Moved to September 3, 2015 Regular Meeting)
9. PUBLIC HEARINGS:
A. ORDINANCE NO. 13-15 (SECOND READING): Motion to Approve Ordinance
No. 13-15, amending the Land Development Regulations of the City Of Delray Beach,
Florida, by amending Subsection 4.5.1(E)(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. (Motion to approve; Approved, 5-0)
B. ORDINANCE NO. 18-15 (FIRST READING/FIRST PUBLIC HEARING):
Motion to Approve Ordinance No. 18-15, amending the Land Development
Regulations of the City of Delray Beach; amending Article 4.4.13(B)(6) “Old School
Square Historic Arts District (OSSHAD) Zoning With CBD Overlay”; Section
4.4.13(B) Figure 4.4.13-5 “Central Core & Beach Sub-Districts Regulating Plan”;
Section 4.4.13(B) “West Atlantic Neighborhood Sub-District Regulating Plan”;
amending Section 4.4.13(C) “Allowable Uses”; amending Section 4.4.13(D)(1)(A)
“Building Height”; amending Section 4.4.13(E)(4) “Frontage Types”; amending Section
4.4.13(F) “Architectural Standards”; amending Section 4.4.13(G) “Civic Open Spaces”;
amending Section 4.4.13(I)(2) “Minimum Number of Off-Street Spaces”; amending
Section 4.4.13(K)(7) “Conditional Uses”; amending Section 4.4.24(B) “Principal Uses
And Structures”; amending Section 4.4.24(C) “Accessory Uses and Structures
Permitted”; amending Section 4.4.24(F) “Development Standards”; amending Section
4.51(E)(2) “Major And Minor Development”; amending Section 4.5.6(B) “Defined”;
amending Section 4.7 “Findings”; amending Appendix A “Definitions”. (STAFF HAS
REQUESTED THAT THIS ITEM BE POSTPONED TO A DATE CERTAIN
OF SEPTEMBER 15, 2015)
10. FIRST READINGS:
A. NONE
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11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
1. Fiscal Year 2016 Non-Profit Funding Recommendations
B. City Attorney
C. City Commission
POSTED: August 10, 2015
***MEETING ADJOURNED AT 12:33 A.M.***