10-20-2015 Reglar Meeting Agenda ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RF SULTS***
Tuesday, October 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. All persons desiring to do a presentation on agenda or non -agenda items that are 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.mvdelraybeach.com
ROLL CALL.
2. PLEDGE OF ALLEGIANCE TO THE FLAG.
3. APPROVAL OF MINUTES: Motion to Approve minutes of June 9, 2015 City Commission
Workshop Meeting, June 16, 2015 City Commission Special Meeting, August 26, 2015 City
Commission Special Meeting, September 3, 2015 City Commission Special Meeting, September
21, 2015 City Commission Special Meeting and October 6, 2015 City Commission Special
Meeting. (Motion to approve; Approved, 5-0)
4. PRESENTATIONS:
A. Palm Beach Metropolitan Planning Organization - Complete Streets
B. Recognizing and Commending Joe Gillie
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.D., Purchase Award/Don Reid
Ford/One New Car, was removed from the agenda; Item 8.A.3, Prior Approval Of FY 2016 Spending
Greater Than $25,000.00/Multiple Vendors, was removed from the agenda; and Item 10.A. was moved
to before Public Hearings. Approved as amended, 5-0)
7. CONSENT AGENDA: City Manager Recommends Approval. (Motion to approve; Approved
as amended, 5-0)
A. ANNUAL PROJECT HOLIDAY/YOU ARE NOT ALONE SUPPORT: Motion
to Approve a request for city support and assistance for the 10`h Annual Project Holiday
sponsored by the You Are Not Alone Organization, which provides packages to armed
services personnel.
B. HOLD HARMLESS AGREEMENT FOR AWNING ENCROACHMENTS
INTO WORTHING PARK Motion to Approve a Hold Harmless Agreement to allow
the encroachments into Worthing Park located at 32 S.E. 2nd Avenue.
C. CHANGE ORDER NO. 2/C1 CONTRACTING, LLC./HOUSING
REHABILITATION AT 417 S.W. 15TH TERRACE: Motion to Approve Change
Order No. 2 in the amount of $2,900.00 to CJ Contracting, LLC and $664.20 to Hulett
Environmental Services to facilitate and complete rehabilitation activities to bring the
home to minimum standards. This recommendation is in compliance with the Code of
Ordinances, Chapter 36, Section 36.06(A)(1), "Change Orders". Funding is available
from 118-1935-554-62.12 (Neighborhood Services Fund: Neighborhood Stabilization
Program).
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D. PURCHASE AWARD/DON REID FORD/ONE NEW CAR: Motion to
Approve the purchase of one new car from Don Reid Ford in the amount of
$32,960.00 using Florida Sheriff's Contract No. 15-23-0904. 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 001-2115-521-
64.20 (General Fund: Police/Operations Bureau/Law Enforcement/Automotive).
(REMOVED)
E. PARKING MANAGEMENT ADVISORY BOARD RATIFICATIONS: Motion
to Approve and Ratify the appointed members of the Parking Management Advisory
Board for two (2) year terms ending July 31, 2017.
F. KIDS AND COPS COMMITTEE RATIFICATIONS: Motion to Approve and
Ratify the appointed members of the Kids and Cops Committee for two (2) year terms
ending November 30, 2017.
G. AGREEMENT WITH THE PALM BEACH COUNTY SUPERVISOR OF
ELECTIONS REGARDING RESPONSIBILITIES AND EXPENSES FOR
REFERENDUM TO BE HELD IN CONJUNCTION WITH MARCH 2016
PRESIDENTIAL PREFERENCE PRIMARY ELECTION: Motion to Approve
an agreement with the Palm Beach County Supervisor of Elections for Vote Processing
Equipment Use and Election Services for election services provided from January 1,
2016 to December 31, 2016. The City anticipates utilizing the services of the
Supervisor of Elections to hold a referendum in conjunction with the Presidential
Preference Primary election to be held on March 15, 2016 seeking approval of the
repeal of Chapter 25784.
H. PROCLAMATIONS:
1. None
I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Motion to Accept the actions and decisions made by the Land Development Boards for
the period September 21, 2015 through October 2, 2015.
J. AWARD OF BIDS AND CONTRACTS:
1. None
(Mayor Glickstein left the meeting at 7:06 P.M.)
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8. REGULAR AGENDA:
A. ROUTINE BUSINESS (All Items Under this Subsection to be Approved by one
Motion. Any Item Under Routine Business May Be Moved by Commission for
Separate Consideration): (Motion to approve items 8.A.1 through 8.A.7, excluding 8.A.3;
Approved, 4-0)
1. BID AWARD/CDW GOVERNMENT, LLC/ARBITRATOR
CAMERAS: Motion to Approve award of Bid No. 2015-69 for Ten Arbitrator
Cameras to the lowest responsive bidder, CDW Government LLC., in the
amount of $59,266.60. This recommendation is in compliance with the Code of
Ordinances, Chapter 36, Section 36.02(A)(1), "Competitive Bids". Funding is
available from 001-2115-521-64.90 (General Fund: Operations Bureau/Other
Machinery/Equipment).
2. PRIOR APPROVAL OF 2016 SPENDING GREATER THAN
$25,000.00/MULTIPLE VENDORS/ OPERATING LEASES: Motion to
Approve multiple acquisitions from Ricoh USA, Inc. in an amount not to
exceed $100,000.00 and Konica Minolta Business Solutions in an amount not to
exceed $50,000.00 for FY 2016 for operating lease payments and copies. This
recommendation is in compliance with the Code of Ordinances, Section
36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any
Fiscal Year." Funding is available from various sources.
3. PRIOR APPROVAL OF FY 2016 SPENDING GREATER THAN
$25,000.00 /MULTIPLE VENDORS: Motion to Approve multiple
acquisitions from the US Postal Service in an amount not to exceed $80,000.00
in FY 2016, and from PCMG Inc. in an amount not to exceed $120,000.00 in
FY 2016 for postage; and Second Motion to approve multiple acquisitions of
tools, parts and maintenance supplies from Home Depot in an amount not to
exceed $100,000.00 for individual purchases under $2,500.00 in FY 2016; and
Third Motion to approve multiple acquisitions of office supplies from Office
Depot in an amount not to exceed $100,000.00 for office supplies with
individual purchases under $2,500.00 for FY 2016. This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed
Competitive Method", Section 36.02(B), "Written Quotations Method," and
Section 36.02(C), "Direct Acquisitions Method". Funding is available from
various sources. (REMOVED)
4. PRIOR APPROVAL OF FY 2016 SPENDING GREATER THAN
$25,000.00/MULTIPLE VENDORS/TIRES: Motion to Approve
utilization of Florida Sheriffs Association Contract #15/17-07-0220 for
purchases of tires from Tiresoles of Broward in an amount not to $60,000.00,
Martino Tire in amount not to exceed $30,000.00, and Action Gator Tire in an
amount not to exceed $40,000.00 in FY 2016. 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".
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5. AMENDMENT NO. 3/R.J. BEHAR AND COMPANY,
INC. /FEDERAL HIGHWAY BEAUTIFICATION PROJECT: Motion
to Approve Amendment No. 3 to the Agreement with R.J. Behar & Company,
Inc. in the amount $72,644.00 for Construction Engineering and Inspection
Services (CEI) for the Federal Highway Beautification Project No. 2009-009.
This recommendation is in compliance with the Code of Ordinances, Chapter
36, Section 36.06(2), "Change Orders; Within the Scope of Work". Funding is
available from 334-3162-541-68.52 (General Construction Fund: Streets, Alleys,
and Sidewalks/Transportation/Federal Highway Beautification Project).
6. BID AWARD/INSTITUFORM TECHNOLOGIES, LLC./IRIS DRIVE
DRAINAGE REPAIRS: Motion to Approve a bid award (Bid No. 2015-64)
to the lowest responsive bidder, Insrituform Technologies, LLC. in an amount not to
exceed $136,256.00. This recommendation is in compliance with the Code of
Ordinances, Section 36.02(A)(1), "Sealed Competitive Method". Funding is
available from 448-5461-538-63.90 (Stormwater Utility Fund: Capital/Other
Improvements).
7. CONTRACT RENEWAL/ELEV8 SPORTS INSTITUTE,
INC./SPORTS FIELDS MAINTENANCE: Motion to Approve a one (1)
year renewal of a bid award (Bid No. 2014-45) to Elev8 Sports Institute, Inc. for
Landscape Maintenance at Seacrest Soccer Complex and Hilltopper Stadium in
an amount not to exceed $75,840.00. Funding is available from 001-4131-572-
34.90 (General Fund: Parks and Recreation/ Other Contractual Services).
B. CONTRACT AWARD/BECK'S TOWING & RECOVERY. INC AND
WESTWAY TOWING INC./VEHICLE TOWING AND STORAGE: Motion
to Approve award of RFP No. 2015-61 for vehicle towing and storage to Beck's
Towing & Recovery, Inc. and Westway Towing, Inc. for a four (4) year contract with
one (1) additional two (2) year renewal option. This recommendation is in compliance
with the Code of Ordinances, Chapter 36, Section 36.02(A)(2), "Requests for
Proposals". Funding is available from various sources. (Motion to award bid to the top
three (3) vendors, based on Selection Committee Rankings; Beck's Towing & Recovery, Inc.,
Priority Towing, and Westway Towing, Inc.; Approved, 4-0)
C. PRIOR APPROVAL OF FY 2016 SPENDING GREATER THAN $25,000.00
SOLE SOURCE/FLORIDA BULLET, INC: Motion to Approve Florida Bullet as
a sole source vendor and 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). (Deputy Vice Mayor Jacquet was away from the dais.
Motion to approve; Approved, 3-0)
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D. PRIOR APPROVAL OF FY 2016 SPENDING GREATER THAN
$25,000.00/ZOLL MEDICAL CORPORATION/MEDICAL EQUIPMENT:
Motion to Approve Zoll Medical Corporation as a sole source vendor for parts and
maintenance of AutoPluse Resuscitation Systems and Zoll defibrillators and approve
prior spending in the amount of $35,000.00 for fiscal year 2016. This recommendation
is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(6)(a), "Sole
Source," and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding
$25,000.00 in Any Fiscal Year". Funding is available from various sources. (Deputy Vice
Mayor Jacquet was away from the dais. Motion to approve; Approved, 3-0)
E. PRIOR APPROVAL OF FY 2016 SPENDING GREATER THAN $25,000.00/
RECHTIEN INTERNATIONAL TRUCKS, LLC.: Motion to Approve Rechtien
International Trucks, LLC. as a Sole Source vendor for the purchase of parts and
repairs for Fire Rescue vehicles in an amount not to exceed $60,000.00 for multiple
acquisitions in FY 2016. This recommendation is in compliance with the Code of
Ordinances, Chapter 36, Section 36.02(C)(6)(a), "Sole Source" and Section 36.03(B),
"Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year".
Funding is available from 501-3311-591-52.50 (Garage Fund: Operating
Supplies/External Supplies) and 501-3311-591-52.52 (Garage Fund: Operating
Supplies/City Garage/Outside Service). (Deputy Vice Mayor Jacquet was away from the
dais. Motion to approve; Approved, 3-0)
F. PRIOR APPROVAL OF FY 2016 SPENDING GREATER THAN $25,000.00/
TEN -8 FIRE EQUIPMENT: Motion to Approve Ten -8 Fire Equipment as a Sole
Source vendor for the purchase of Pierce Fire Truck repair parts and service in an
amount not to exceed $65,000.00 for multiple acquisitions in FY 2016. This
recommendation is in compliance with the Code of Ordinances, Chapter 36, Section
36.02(C)(6)(a), "Sole Source", and Section 36.03(B), "Multiple Acquisitions from
Vendor Exceeding $25,000.00 in Any Fiscal Year". Funding is available from 501-331-
591-52.50 (Garage Fund: Operating Supplies/ External Supplies) and 501-3311-591-
52.52 (Garage Fund: Operating Supplies/ City Garage/Outside Service). (Deputy Vice
Mayor Jacquet was away from the dais. Motion to approve; Approved, 3-0)
G. ABANDONMENT OF CERTAIN EASEMENTS AND DEDICATION OF
REPLACEMENT EASEMENTS/DEPOT SQUARE PLAT: Consideration of
replacement easements within the Depot Square Plat, located north of West Atlantic
Avenue between CSX Railroad and I-95: (Deputy Vice Mayor Jacquet returned to the dais.
Motion to approve items 8.G.1. through 8.G.3.; Approved, 4-0)
1. SIGNAGE AND LANDSCAPE EASEMENT AGREEMENT: Motion to
Approve a Signage and Landscape Easement Agreement to allow the
installation and maintenance of an entry sign and related landscaping, lighting
and irrigation improvements proposed in the City easement along Depot Road
and Lake Ida Road.
2. LANDSCAPE MAINTENANCE AGREEMENT FOR RIGHT-OF-
WAY: Motion to Approve a Landscape Maintenance Agreement to allow
landscaping in the right -of -Way of Depot Avenue and N.W. 2nd Street.
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3. RESOLUTION NO. 68-15/EASEMENT ABANDONMENTS AND
AGREEMENT TO REPLAT: Motion to Approve Resolution No. 68-15
vacating and abandoning the General Utility Easement dedicated by the
Historic Depot Square Subdivision Plat; and Second Motion to Approve
abandoning the single purpose water, sewer, and lift station easement deeds;
and Third Motion to Approve the Agreement to Replat to defer the developer's
obligation to replat the property that includes the water, sewer, lift station,
drainage and general utility easements and related dedications.
H. SECOND AMENDMENT TO ROADWAY IMPROVEMENT
AGREEMENT/DEPOT INDUSTRIAL CENTER, LLC./LAKE IDA ROAD:
Motion to Approve the Second Amendment to the Roadway Improvement Agreement
and associated documents between the City and Depot Industrial Center, LLC. (Motion
to approve; Approved, 3-1. Vice Mayor Petrolia dissenting.)
I. RESOLUTION NO. 67-15 — BEST INTEREST/ GAMETIME C/O
DOMINICA RECREATION PRODUCTS, INC. /PLAYGROUND
EQUIPMENT AT VETERANS PARK: Motion to Approve Resolution No. 67-15,
authorizing the purchase of specific playground equipment from Gamerime c/o
Dominica Recreation Products, Inc. for Veterans Park; 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. (Motion to
approve; Approved, 4-0)
J. NOMINATION FOR APPOINTMENT TO THE DELRAY BEACH
HOUSING AUTHORITY. Nomination for appointment of one (1) regular
member to serve on the Delray Beach Housing Authority f or a four year term
ending October 27, 2018. Based on the rotation system, the nomination for
appointment will be made by Commissioner Jarjura (Seat #4). (Appointed Jesse Saginor
and approved 4-0)
K. NOMINATION FOR APPOINTMENT TO THE EDUCATION BOARD:
Nomination for appointment of one (1) regular member to serve an unexpired term
ending July 31, 2016 on the Education Board. Based on the rotation system, the
nomination for appointment will be made by Commissioner Katz (Seat #3). (Appointed
Jervonte Edmonds and approved 4-0)
L. NOMINATIONS FOR APPOINTMENT TO THE CIVIL SERVICE BOARD:
Nominations for appointment for one (1) regular member to serve on the Civil Service
Board for a two (2) year term ending April 1, 2017 and for one (1) alternate member to
serve an unexpired term ending July 1, 2016. Based on the rotation system, the
nominations for appointment will be made by Commissioner Jarjura (Seat #4) and
Mayor Glickstem (Seat #5). (Appointed Yvonne Walker and approved 4-0. Mayor Glickstein's
appointment was deferred to the November 3, 2015 Regular Meeting.)
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9. PUBLIC HEARINGS:
A. ORDINANCE NO. 25-15 (FIRST READING/FIRST PUBLIC HEARING)
Motion to Approve Ordinance No. 25-15, adopting Comprehensive Plan Amendment
2015-WSP1, to provide for a 10 -Year Water Supply Facilities Work Plan, pursuant to the
provisions of the "Community Planning Act", Florida Statutes Section 163.3184. Once
the Ordinance and associated documents are approved at first reading, they must be sent
to the State for review. Following this 30 day review period, it will be brought back to
the Commission for second reading and adoption. (Motion to approve; Approved, 4-0)
B. ORDINANCE NO. 27-15 (SECOND READING/SECOND PUBLIC
HEARINGI: Motion to Approve Ordinance No. 27-15, amending the Land
Development Regulations (LDR) of the City of Delray Beach; amending Article
4.4.13(B)(6), "Old School Square Historic Arts District (OSSHAD) Zoning With CBD
Overlay"; amending Section 4.4.13(B), Figure 4.4.13-5, "Central Core & Beach Sub -
Districts Regulating Plan"; amending Section 4.4.13(B), Figure 4.4.13-6, "West Atlantic
Neighborhood Sub -District Regulating Plan"; amending Section 4.4.13(C), Table
4.4.13(A), "Allowable Uses In The CBD Sub -Districts"; 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(1)(2), "Minimum Number Of Off -Street
Spaces"; amending Section 4.4.13(1)(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 4.5.1(E) (2), "Major and Minor Development"; amending Section
4.5.6(B), "Defined"; amending Section 4.7, "Findings". (Motion to approve; Approved, 4-0)
C. ORDINANCE NO. 21-15 (SECOND READINGS Motion to Approve Ordinance
No. 21-15, amending the Land Development Regulations (LDR) of the of the City of
Delray Beach, by amending Section 6.1.3, "Sidewalks", Subsection 6.1.3(C), "Sidewalk
Construction Requirements"; and amending Subsection 6.1.3(D), "Relief From Sidewalk
Installation"; providing for the approval, calculation, accounting, and expenditure of In -
Lieu Sidewalk Payments. (Motion to approve; Approved, 4-0)
D. RESOLUTION NO. 60-15 — NEIGHBORHOOD STABILIZATION
PROGRAM (NSP)/PROPERTY TRANSFER/ 417 S.W. 15TH TERRACE:
Motion to Approve Resolution No. 60-15 authorizing the transfer of NSP property
located at 417 SW 15th Terrace, Delray Beach, 33444 to Delray Housing Group Inc. for
the benefit and rental of unit to household at or below 50% AMI. (Motion to approve;
Approved, 4-0)
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10. FIRST READINGS:
A. ORDINANCE NO. 26-15 (FIRST READINGS Motion to Approve Ordinance No.
26-15, amending Chapter 113, "Alcoholic Beverages", of the Code of Ordinances of the
City of Delray Beach, Florida, by adding Section 113.16, "Posting Of Underage Drinking
Signs", establishing regulations regarding the posting of Underage Drinking Signs. If
passed, a public hearing will be held on November 3, 2015. ((Motion to approve;
Approved, 4-0)
11. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS.
A. City Manager
1. Request for Waiver of Business Tax for FY 2016 by Bunnies Unlimited
D/B/A Sequin Delray Beach
B. City Attorney
C. City Commission
POSTED: OCTOBER 12, 2015
***Meeting adjourned at 9:20 p.m.***
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