City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, April 21, 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 podium 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 podium 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.
INVOCATION.
3.
PLEDGE OF ALLEGIANCE TO THE FLAG.
4.
APPROVAL OF MINUTES:
A. April 14, 2015 – Special/Workshop Meeting (Approved, 5-0)
5.
PRESENTATIONS:
A. Recognizing and commending Charles Landford Hanna for his 100th birthday
B. Spotlight on Education – Morikami Park Elementary School
6.
7.
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
AGENDA APPROVAL. (Mayor Glickstein noted that Item 8.A., Final Subdivision Plat/150
Oceanside, was moved to the Regular Agenda as Item 9.A.A.; Staff noted that Item 8.C., Resolution No.
19-15/Local Agency Program (LAP) Supplemental Agreement with Florida Department of
Transportation (FDOT)/Federal Highway Beautification Project, there was revised information; Item
8.H., Contract Extension/Beck’s Towing & Recovery, Inc., was moved to the Regular Agenda as Item
9.B.B; Staff requested that Item 10.A., Ordinance No. 10-15, be deferred. Approved as amended, 5-0)
8.
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A.
(MOVED TO REGULAR AGENDA AS ITEM 9.A.A.)
B.
ACCEPTANCE OF RIGHT-OF-WAY DEEDS/DELRAY MODERN, LLC:
Motion to Accept right-of-way deeds for five (5) feet of right-of-way dedication for the
property located at 318-320 N.E. 7th Avenue and 326-330 N.E. 7th Avenue.
C.
RESOLUTION NO. 19-15/LOCAL AGENCY PROGRAM (LAP)
SUPPLEMENTAL AGREEMENT WITH FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/ FEDERAL HIGHWAY BEAUTIFICATION
PROJECT: Motion to Approve Resolution No. 19-15, authorizing the increase in
funding for the Local Agency Program (LAP) Agreement with the State of Florida
Department of Transportation (FDOT) via a supplemental agreement to provide
additional funding in the amount of $70,940.00 for the department's participation in
extension of a bike lane along Northbound Federal Highway and additional traffic
related to Federal Highway Beautification Project (P/N 2009-011).
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D.
SIDEWALK IN-LIEU FEE/712 N.E. 3RD STREET: Motion to Approve a request
from the property owner of 712 N.E. 3rd Street to pay a fee in-lieu of sidewalk
installation.
E.
CHANGE ORDER NO. 1/ SOUTHEAST GUARDRAIL AND
ATTENUATORS (SGA)/BARWICK ROAD GUARDRAIL: Motion to Approve
Change Order No. 1 to Southeast Guardrail and Attenuators in the amount of
$5,300.00 via a contract from Palm Beach County (Project No. 2014-051) for the
installation of two (2) additional openings in the Barwick Road Guardrail. This is in
compliance with the Code of Ordinances, Chapter 36, Section 36.06(A)(1), “Change
Orders, Beyond the Scope of Work”. Funding is available from 334-3162-541-65.36
(General Construction Fund: Capital Outlay/ Barwick Road).
F.
CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL) ARBOR
TREE & LAND, INC.: Motion to Approve Contract Closeout (Change Order No.
1/Final) in the amount of $31,836.95 decrease and final payment in the amount of
$4,565.40 to Arbor Tree & Land, Inc. (Bid No. 2014-21) for completion of the
Drainage Swales FY13 Project No. 13-043. This is in compliance with the Code of
Ordinances, Chapter 36, Section 36.06(A)(2), “Change Orders; Within the Scope of
Work”.
G.
CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL) B & B
UNDERGROUND CONTRACTORS, INC.: Motion to Approve Contract
Closeout (Change Order No. 1/Final) in the amount of $727,866.00 decrease and final
payment in the amount of $32,204.62 to B&B Underground Contractors, Inc. (Bid No.
2014-17) for completion of the Delray Shores Water Main Project No. 13-028. This is
in compliance with the Code of Ordinances, Chapter 36, Section 36.06(A)(2), “Change
Orders; Within the Scope of Work”.
H.
(MOVED TO REGULAR AGENDA AS ITEM 9.B.B.)
I.
MUTUAL AID AGREEMENT/MULTI-AGENCY TRANSPORTATION
THEFT TASK FORCE: Motion to Approve a Mutual Aid Agreement between the
Florida Department of Law Enforcement, Delray Beach Police Department and
multiple agencies throughout Broward, Miami-Dade, and Palm Beach Counties to
combat racketeering activity, theft and related criminal violations.
J.
PROCLAMATIONS:
K.
1.
Florida Water Professionals Month – April 2015
2.
Administrative Professionals Week – April 19 – 25, 2015
3.
Municipal Clerks Week – May 3-9, 2015
4.
National Day of Prayer – May 7, 2015
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Motion to Accept the actions and decisions made by the Land Development Boards for
the period March 30, 2015 through April 10, 2015.
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L.
AWARD OF BIDS AND CONTRACTS:
1.
9.
Motion to Approve a Bid Award to Image Janitorial Services, Inc. (Bid No.
2015-13) in the amount of $32,640.00 for janitorial services at the Municipal
Golf Course. This is in compliance with the Code of Ordinances, Chapter 36,
Section 36.02(A), “Sealed Competitive Method”. Funding is available from 4454711-572-34.90 (Delray Beach Municipal Golf Course: Other Contractual
Service).
REGULAR AGENDA:
A.A.
FINAL SUBDIVISION PLAT/150 OCEANSIDE: Motion to Approve the
certification of a final subdivision plat for 150 Oceanside, a proposed 6-unit townhouse
development, located at the southwest corner of Thomas Street and Andrews Avenue.
(Motion to approve; Approved, 5-0)
B.B.
CONTRACT EXTENSION/BECK’S TOWING & RECOVERY, INC.: Motion
to Approve a six-month contract extension with Beck’s Towing & Recovery, Inc. for
wrecker/towing services for the Police Department. Funding is available from account
001-2115-521-52.23
(General
Fund:
Police/Law
Enforcement/Operating
Supplies/Investigative Expenses). (Motion to approve; Approved, 3-2. Vice-Mayor Petrolia
and Commissioner Jarjura dissenting)
A.
CONSIDERATION OF AN APPEAL/SITE PLAN REVIEW AND
APPEARANCE BOARD’S (SPRAB) DECISION/ THE CARING KITCHEN:
Consider an appeal of a decision of the Site Plan Review and Appearance Board’s
approval of the Class III site plan modification for The Caring Kitchen located at 196
N.W. 8th Avenue. (Quasi-Judicial Hearing) (No action taken; the Appealant withdrew
their request)
B.
TEMPORARY USE PERMIT AND WAIVER FOR A MODULAR KITCHEN/
HARBOUR’S EDGE: Consider approval of a request for waiver to Land
Development Regulations Section (LDR) 2.4.6(F), “Procedures for Obtaining Permits
and Approvals”, and a temporary use permit to allow a modular kitchen during building
renovations for Harbour’s Edge located at 401 East Linton Boulevard. (Quasi-Judicial
Hearing) (Motion to adopt board order as presented; Approved, 5-0)
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C.
CONDITIONAL USE REQUESTS FOR HEIGHT AND DENSITY AND
ONE BEDROOM UNIT MIX WAIVER FOR THE METROPOLITAN AND
WAIVER REQUEST: Consider approval of a conditional use request to allow an
increase in density in excess of thirty (30) units per acre (51.67 units per acre proposed)
and to allow the building height to exceed 48 feet (57’ proposed); and a waiver request
to Land Development Regulations (LDR) Section 4.7.9(i), “General Provisions”, to
allow an increase in the percentage of one-bedroom units from the maximum allowed
30% to up to 50% for The Metropolitan, a proposed mixed-use development located at
the northeast corner of S.E. 3rd Avenue and S.E. 1st Street. (Quasi-Judicial Hearing)
(First Motion to adopt board as presented; Approved, 4-1. Commissioner Katz dissenting.
Second Motion to direct City Attorney to prepare a workforce housing covenant in the
Standard Form of the City, and in addition, to specifically include a requirement for five (5)
units of single-family homes with a minimum three (3) bedrooms and two (2) baths on
individual lots; and the developer and Community Land Trust (CLT) agree to work together to
find suitable locations. Proceeds of the sale are to be paid at closing to the Community Land
Trust (CLT) for their affordable housing purposes. Motion to approve; Approved, 4-1.
Commissioner Katz dissenting)
D.
WAIVER REQUEST FOR OVERHEAD DOORS FACING A RIGHT-OFWAY FOR JTS WOODWORKING: Consider approval of a waiver to Land
Development Regulations (LDR) Section 4.4.19(H)(3), “Special Regulations”,
pertaining to overhead doors facing a right-of-way for JTS Woodworking located at 71
N.W. 18th Avenue. (Quasi-Judicial Hearing) (Motion to adopt board order as presented;
Approved, 5-0)
E.
RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/PALM
BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC. (PBA):
Motion to ratify the Collective Bargaining Agreement between the City of Delray Beach
and the Palm Beach County Police Benevolent Association, Inc. (PBA) for the period
of October 1, 2014 through September 30, 2017. (Motion to approve; Approved, 5-0)
F.
SERVICE AUTHORIZATION NO. 12-07/WANTMAN GROUP, INC.: Motion
to Approve Service Authorization No. 12-07 with Wantman Group, Inc. in the amount
of $65,321.70 to provide professional design services (RFQ No. 2012-06) related to the
Lewis Cove Road Drainage Project No. 14-065. This is in compliance with the Code of
Ordinances, Chapter 36, Section 36.02(C)(3), “Professional Services”. Funding is
available from 448-5461-538-31.30 (Storm Water Utility Fund: Professional
Services/Engineering/Architect). (Motion to approve; Approved, 5-0)
G.
PURCHASE AWARD/SOUTHERN SEWER EQUIPMENT SALES/
SCHWARZE STREET SWEEPER: Motion to Approve the purchase of one
Schwarze Street Sweeper from Southern Sewer Equipment Sales in the amount of
$222,605.10 through the Florida Sheriff’s Contract No. 14-12-0904.
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 501-3312-591.64-20 (Garage Fund:
Vehicle Replacement/
Machinery/Equipment/Automotive). (Motion to approve; Approved, 5-0)
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H.
PURCHASE AWARD/ STROBES-R-US: Motion to Approve a purchase award to
Strobes-R-Us in the amount of $86,820.00 using Broward Sheriff’s Office Contract No.
13104030, which is effective August 12, 2013 through August 11, 2015 for fourteen (14)
vehicles to be equipped for police service. This is in compliance with the Code of
Ordinances, Chapter 36, Section 36.02(C)(7)(a), “Utilization of Other Governmental
Entities’ Contracts”. Funding is available from account 501-3312-591-64.20 (Garage
Fund: Vehicle Replacements/ Intra-governmental Services/ Machinery / Equipment/
Automotive). (Motion to approve; Approved, 5-0)
I.
RETROACTIVE APPROVAL OF SPECIALIZED WATER TREATMENT
PLANT SPENDING GREATER THAN $25,000.00 AND ADVANCED
AUTHORIZATION OF FUTURE SPENDING LIMIT: Motion to Approve
retroactive acquisitions of repairs and maintenance to specialty equipment at the City’s
water treatment plant from Southland Controls, Inc. in the amount of $38,746.02; and
motion to approve advanced FY 2015 expenditures not to exceed $75,000.00 with
Southland Controls, Inc. and Water Treatment and Controls, Co. for work related to
repairs and maintenance to specialty equipment at the Water Treatment Plant. 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”. (Motion to approve; Approved, 5-0)
J.
RETROACTIVE APPROVAL OF AGREEMENT/COMMUNITY CHILD
CARE CENTER OF DELRAY BEACH/OUT-OF SCHOOL PROGRAMS AT
VILLAGE ACADEMY AND PINE GROVE ELEMENTARY SCHOOL:
Motion for Retroactive Approval of the agreement with Community Child Care Center
of Delray Beach, Inc., for funding and operating the Out-of-School Services Programs
at Village Academy and Pine Grove Elementary School; and consider approval of the
Grant Agreement with Community Child Care Center of Delray Beach, Inc. for Out-ofSchool Services Programs at Village Academy and Pine Grove Elementary School.
(Motion to approve; Approved, 5-0)
K.
WORKFORCE HOUSING COVENANT BETWEEN THE CITY OF
DELRAY BEACH, CDS DELRAY REDEVELOPMENT, LLC, CDR
ATLANTIC PLAZA, LTD, AND CDS FREECORE LLC. FOR ATLANTIC
CROSSING: Motion to Approve a Workforce Housing Covenant between the City of
Delray Beach and CDS Delray Redevelopment, LLC, CDR Atlantic Plaza, LTD, and
CDS Freecore LLC., pursuant to the requirements under Section 4.7 of the Land
Development Regulations. (First Motion to table to go to Item 9.L., Discussion Regarding
the Police Advisory Board; Approved, 5-0. Second Motion to approve the Workforce Housing
Covenant replacing “Exhibit A” with a written legal description of the development which
grants no site plan and no sketch. The approval by the City specifically reserves any rights the
City may have with respect to the site plan certification and the prior site plan approval.
Approval of this Workforce Housing Covenant shall not be construed as a waiver of any rights
of the City. The workforce housing obligations shall be as stated in the Workforce Housing
Covenant, or alternatively, in the event the developer either elects to, or is required to proceed
with the previously approved site plan, in such event the developer shall provide the same
proportion of workforce housing units pursuant to the LDRs (Land Development Regulations);
Approved, 4-1. Vice Mayor Petrolia dissenting)
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L.
DISCUSSION REGARDING THE POLICE ADVISORY BOARD: Staff will
discuss the history and future direction of the Police Advisory Board. (Consensus to
continue with the board; and give Chief Goldman direction to rewrite the qualifications needed
to serve as board members)
10.
PUBLIC HEARINGS:
A.
11.
ORDINANCE NO. 10-15 (SECOND READING): Motion to Approve an
amendment to 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. (DEFERRED)
FIRST READINGS:
A.
ORDINANCE NO. 11-15 (FIRST READING): Motion to Approve an amendment
to Chapter 36, “Acquisition of Goods and Services and Disposal Of City Property”;
amending Section 36.02, “Method of Acquisition,” Subsection (A), “Sealed Competitive
Method”; Creating Section 36.14, “Local Business Preference”; Establishing a Local
Business Preference In The Acquisition of Goods And Services; Providing Definitions
and Certification Requirements for same; Providing for Exclusions from and Waiver of
Local Business Preference; Providing a Saving Clause, a General Repealer Clause, and
an effective date. If passed, a public hearing will be held on May 5, 2015. (Motion to
approve; Approved, 5-0)
12.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A.
B.
C.
City Manager
City Attorney
City Commission
POSTED: APRIL 16, 2015
***Meeting Adjourned at 11:13 P.M.***
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