09-03-15 Agenda Results Regular Meeting
City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Thursday, September 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
Generally, remarks by an individual will be limited to three minutes or less
with the Commission. . 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
1.ROLL CALL.
2.PLEDGE OF ALLEGIANCE TO THE FLAG.
3.APPROVAL OF MINUTES: None.
4.PRESENTATIONS:
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A.Spotlight on Education Green Living Technologies International
B.Delray Beach Center for the Arts
C.Delray Beach Public Library
D.Delray Beach Historical Society
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. (
Motion to approve; Approved, 5-0)
7.CONSENT AGENDA: City Manager Recommends Approval. (
Motion to approve; Approved, 5-0)
A.HOLD HARMLESS AGREEMENT/ROOF PAINTING BY HARTZELL,
INC.: Motion to approve a Hold Harmless Agreement with Roof Painting by Hartzell,
Inc. for access to 15 parking spaces located at Sandoway Park for use of a boom lift to
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complete a repainting project located at 120 South Ocean Boulevard
B.SERVICE AUTHORIZATION NO. 12-07/ DAVID MILLER & ASSOCIATES,
P.A./ FIRE STATION NO. 5 GENERATOR UPGRADE: Motion to Approve
Service Authorization No. 12-07 for David Miller & Associates, P.A. in an amount not
to exceed $9,200.00 for professional engineering and design services related to the Fire
Station No. 5 Generator Upgrade Project (Project No. 14-011). Funding is available
from 334-2311-522-64.90 (General Construction Fund: Fire/Machinery/Equipment).
C.RESOLUTION NO. 54-15/ FLORIDA HIGHWAY BEAUTIFICATION
COUNCIL GRANT: Motion to Approve Resolution No. 54-15 authorizing the City
Manager to apply for a Florida Highway Beautification Council Grant and enter into all
necessary agreements should the project be selected by the Florida Highway
Beautification Council.
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D.SERVICE AUTHORIZATION NO. 12-17/KIMLEY-HORN AND
ASSOCIATES/WATER SUPPLY AND TREATMENT FEASIBILITY
STUDY: Motion to Approve Service Authorization No. 12-17 (Project No. 2015-
023) to Kimley-Horn and Associates, Inc. in the amount of $199,682.00 for
professional services in performing a Water Supply and Treatment Feasibility Study of
the CityÔs treatment plant in anticipation for meeting future customer demands, and
maintaining the operational reliability of the aging water treatment plant.
E.CHANGE ORDER NO. 2 TO NEIGHBORHOOD STABILIZATION
PROGRAM (NSP) GRANT AWARD/AMENDMENT NO. 1 TO PURCHASE
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AND SALE CONTRACT FOR 510 S.W. 14 AVENUE: Motion to Approve
Change Order No. 2 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
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to the property located at 510 S.W. 14 Avenue to bring the home to minimum
standards to obtain a mortgage loan on behalf of the buyer; and Second Motion to
Approve Amendment No. 1 to extend 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), ÑBeyond Scope of WorkÒ, and Section
36.03(B), ÑMultiple Acquisitions from Vendor Exceeding Twenty-Five Thousand
Dollars ($25,000.00) in Any Fiscal YearÒ. Funding is available from 118-1935-554-
62.12 (Neighborhood Services Fund: Housing/Urban Development/Acquisition
Rehabilitation).
F.WORKFORCE HOUSING COVENANT FOR DELRAY PRESERVE: Motion
to Approve a Workforce Housing Covenant between the City and MCA Delray
Preserve Owner, LLC. pursuant to LDR Section 4.7.4, ÑDensity Bonus Program for
the Southwest Neighborhood Overlay District, the Carver Estates Overlay District and
the Infill Workforce Housing AreaÒ.
G.PRIOR APPROVAL FOR SPENDING LIMIT INCREASE/COMMERCIAL
ENERGY SPECIALISTS/PULSAR BRIQUETTES: Motion to Affirm
Commercial Energy Specialists as a sole source vendor for Pulsar Briquettes; and
Motion to Approve spending in an amount of $35,000.00 for FY 2015 and $35,000.00
for FY 2016. This recommendation is in compliance with the Code of Ordinances,
Chapter 36, Section 36.02(C)(6)(a), ÑSole SourceÒ, and Section 36.03(B), ÑMultiple
Acquisitions from Vendor Exceeding Twenty-Five Thousand ($25,000.00) in Any
Fiscal YearÒ. Funding is available from 001-4135-572-52.21 (General Fund: Parks &
Recreation/Operating Supplies/Chemicals).
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H.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 ÑSole SourceÒ
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), ÑSole Source and City
StandardÒ, and Section 36.03(B), ÑMultiple Acquisitions from Vendor Exceeding
Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal YearÒ. Funding is available
from 334-6111-519-64.11 (General Construction Fund: General Government
Service/Computer Equipment).
I.RESOLUTION NO. 51-15 Ï 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.
J.OFFER OF SETTLEMENT/SORICE V. CITY OF DELRAY BEACH:
Motion to approve an Offer of Settlement in the total amount of $35,000.00 in Sorice
vs. City of Delray Beach.
K.OFFER OF SETTLEMENT/GRIFFIN VS. CITY OF DELRAY BEACH:
Motion to approve an Offer of Settlement in the total amount of $20,000.00 in Griffin
vs. City of Delray Beach.
L.PROCLAMATIONS:
1.Hunger Action Month Ï September 2015
2.Attendance Awareness Month Ï September 2015
M.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Motion to Accept the actions and decisions made by the Land Development Boards for
the period August 3, 2015 through August 14, 2015.
N.AWARD OF BIDS AND CONTRACTS:
1.Motion to Approve a Bid Award to K2 Summit, LLC. (Bid No. 2015-48) in the
amount of $41,870.00 for the Delray Beach Marina roof replacement (Project
No. 15-012). This recommendation is in compliance with the Code of
Ordinances, Chapter 36, Section 36.02(A)(1), ÑSealed Competitive MethodÒ.
Funding is available from 426-4311-575-62.10 (City Marina Fund: Culture
Recreation/ Buildings).
2.Motion to Approve a Bid Award to Municipal Emergency Services, Inc. (Bid
No. 2015-66) in the amount of $38,625.00 for Scott Air-Pak Conversion Parts.
This recommendation is in compliance with the Code of Ordinances, Chapter
36, Section 36.02(A)(1), ÑSealed Competitive BidsÒ. Funding is available from
001-2315-526-64.90 (General Fund: Fire/Fire Operations/ Other Machinery
and Equipment).
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8.REGULAR AGENDA:
A.CONDITIONAL USE REQUEST/KENNEL FOR FIDOÔS PLAY-N-STAY:
Consider approval of a Conditional Use request for a kennel for FidoÔs Play-N-Stay,
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located at 1885 S.W. 4 Avenue within Delray Industrial Park, on the east side of S.W.
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4 Avenue, south of Linton Boulevard. ()
(Motion to approve;
Approved, 5-0)
B.WAIVER TO THE MAXIMUM PERMITTED DEPTH OF A COVERED
ENTRY PORCH FOR BEDNERÔS FARM MARKET: Consider approval of
Waiver to LDR Section 4.4.13(E)(4)(a) ÑFrontage Types; PorchÒ, to allow the maximum depth
permitted for porches to exceed the required 12 feet (16 feet 1 inch proposed) for BednerÔs
()
Farm Market, located at 381 N.E. 3 Avenue.
rd(Motion to
approve; Approved, 5-0)
C.RESOLUTION NO. 48-15/BEST INTEREST RESOLUTION Ï CONSERV
BUILDING SERVICES: Motion to Approve Resolution No. 48-15 to award the
repair and replacement of the air conditioning equipment used in the chiller system
located at City Hall to ConServ Building Services, in the amount of $31,550.00;
declaring by a four-fifths affirmative vote that the repairs made by Conserv Building
Services are in the Best Interest of the City. This recommendation is in compliance
with the Code of Ordinances, Chapter 36, Section 36.03(A), ÑAcquisitions of Twenty-
Five Thousand Dollars ($25,000.00) or GreaterÒ, and Section 36.02(C)(11), ÑBest
Interest AcquisitionsÒ. Funding is available from 001-3431-519-46.10 (General Fund:
Public Work/Building Maintenance/General Government Service/Repair and
Maintenance/Building Maintenance).
(Motion to approve; Approved, 5-0)
D.RESOLUTION NO. 56-15/BEST INTEREST RESOLUTION Ï ED MORSE
CADILLAC: Motion to Approve Resolution No. 56-15, authorizing acquisitions with
Ed Morse Cadillac 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 Ed Morse Cadillac are in the Best Interest of the City. This
recommendation is in compliance with the Code of Ordinances, Chapter 36, Section
36.03(A), ÑAcquisitions of Twenty-Five Thousand ($25,000.00) or GreaterÒ, and
Section 36.02(C)(11), ÑBest Interest AcquisitionsÒ. Funding is available from 501-
3311-591-52.52 (Garage Fund: Operating Supplies/City Garage Outside Service).
(Commissioner Jarjura left the dais. Motion to approve; Approved, 4-0)
E.RESOLUTION NO. 58-15/BEST INTEREST RESOLUTION Ï AL PACKER
FORD: Motion to Approve Resolution No. 58-15, authorizing acquisitions with Al
Packer Ford in an amount not to exceed $30,000.00 for FY 2015, which includes
retroactive approval of $687.98, for OEM Ford repair parts for City vehicles, declaring
by a four-fifths affirmative vote that the acquisitions from Al Packer Ford are in the
Best Interest of the City. This recommendation is in compliance with the Code of
Ordinances, Chapter 36, Section 36.03(A), ÑAcquisitions of Twenty-Five Thousand
($25,000.00) or GreaterÒ, and Section 36.02(C)(11), ÑBest Interest AcquisitionsÒ.
Funding is available from 501-3311-591-52.50 (Garage Fund: Operating
Supplies/External Parts).
(Commissioner Jarjura returned to the dais. Motion to approve;
Approved, 5-0)
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F.RESOLUTION NO. 53-15/BEST INTEREST RESOLUTION Ï HOUSING
REHABILITATION PROJECTS: Motion to Approve Resolution No. 53-15 for
Housing Rehabilitation Construction at 429 S.W. 15th Avenue and 227 N. 14th
Avenue from Cordoba Construction Co., utilizing Community Development Block
Grant funding, declaring by a four-fifths affirmative vote that the CityÔs Sealed
Competitive Method is not in the Best Interest of the City. This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(11), ÑBest
Interest AcquisitionsÒ, and Section 36.03(B), ÑMultiple Acquisitions from Vendor
Exceeding Twenty-Five Thousand ($25,000.00) in Any Fiscal YearÒ.
Motion to approve;
Approved, 5-0)
G.NOMINATIONS FOR APPOINTMENT TO THE AFFORDABLE
HOUSING ADVISORY COMMITTEE: Nominations for appointment of four
(4) regular members to serve on the Affordable Housing Advisory Committee to serve
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 Rosanna Tartaro and approved 5-0; Appointed Regina Hands and approved 5-0; Appointed
Michael Williams and approved 5-0; Appointed Wanda Gadson and approved 5-0 )
H.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).
(Appointed William (Bill) Bathurst and
approved 5-0. Vice Mayor PetroliaÔs and Commissioner KatzÔs appointments were deferred to the
September 15, 2015 Regular Meeting)
I.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).
(Appointed Robin Bird and approved 5-0;
Appointed Joycelyn Patrick and approved 5-0. Vice Mayor PetroliaÔs appointment was deferred to the
September 15, 2015 Regular Meeting)
J.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).
(Appointed Vlad Dumitrescu and approved 5-0; Appointed Brett Porak and approved 5-0)
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9.PUBLIC HEARINGS:
A.RESOLUTION NO. 46-15 (TENTATIVE MILLAGE LEVY/DDA): A
resolution tentatively levying a tax of one mill on all properties within the Downtown
Development Authority Taxing District of the City of Delray Beach for FY 2016.
(Motion to approve; Approved, 5-0)
B.RESOLUTION NO. 45-15 (TENTATIVE MILLAGE LEVY): A resolution
tentatively levying a tax on all properties within the City of Delray Beach for operation
and maintenance and for payment of principal and interest on bonded indebtedness for
FY 2016.
(Motion to approve; Approved, 5-0)
C.RESOLUTION NO. 47-15 (TENTATIVE BUDGET ADOPTION FOR FY
2016): A resolution tentatively making appropriations of sums of money for all
necessary expenditures of the City of Delray Beach for the period October 1, 2015
through September 30, 2016.
(Motion to approve; Approved, 5-0)
10.FIRST READINGS:
A.ORDINANCE NO. 19-15: SANITATION RATES FOR FY 2016: Amending
Chapter 51, "Garbage and Trash", of the Code of Ordinances of the City of Delray
Beach, by amending Section 51.70, "Regular Charges Levied", to provide for New
Residential and Commercial Collection Service Rates forFiscal Year 2016.
(Motion to
approve; Approved, 5-0)
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 25, 2015
***Meeting adjourned at 11:18 p.m.***
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