11-19-13 Regular Meeting MinutesNOVEMBER 19, 2013
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at
City Hall at 6:00 p.m., Tuesday, November 19, 2013.
1. Roll call showed:
Present- Commissioner Shelly Petrolia
Commissioner Alson Jacquet
Commissioner Angeleta E. Gray
Mayor Cary Gliekstein
Absent - Commissioner Adam Frankel
Also present were - Louie Chapman, Jr., City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Rabbi Greg Kanter with Temple
Sinai.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. APPROVAL OF MINUTES:
None.
5. PRESENTATIONS:
None.
6. At this point, the Commission moved to Comments and Inquiries on
Agenda and Non - Agenda Items from the City Manager and the Public Immediately
Following Presentations.
6.A. City Manager's response to prior public comments and 'enquiries.
With regard to a previous continent expressed by Mr. Deacon about
Sunday sales of alcohol, the City Manager stated the Commission will be looking at that
via Ordinance No. 31 -13 upon tonight's agenda for first reading.
Secondly, the City Manager stated staff will be working on a policy
procedure regarding civility for the Commission.
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6.B. From the Public.
6.B.1. Cindi Freeburn, 371 East Mallory Square Delray Beach, FL 33_483,
stated she attended the public meeting portion of the staff and committee meeting on
November 5, 2013 at which time it was certified by Ocean Beach Services and two City
staff members that 85% of the beach equipment on the beach as of September 24, 2013
was new and feels the Commission has been misled. Ms. Freeburn stated there is some
new equipment but not 85% and she took photographs yesterday and noted only about
48% of the equipment if new. Ms. Freeburn suggested that if the Commission decides to
award the bid this evening that they stipulate to the vendor that all the equipment be new
within 30 days of signing the contract and that they follow the terms of the contract.
6.B.2. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive
Unit "C" Delra Beach FL 33483 stated the Rabbi speaking a few words in Hebrew is
offensive and suggested that the invocation be eliminated.
Secondly, Mr. Blum commented about the trash cans and noted the
difference of opinion between Mrs. Butler and the City Attorney. He commented about
the Oath of Office and urged the Commission to heed the Oath of Office that the
Commission took about protecting the citizens and watching out for the citizens.
6.B.3. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, urged the
Commission to put some kind of protection in place to preserve the look of Atlantic
Avenue. Mrs. Finst requested that the Commission address her concerns at an upcoming
Workshop meeting to help improve the appearance of historic downtown.
6.B.4. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, thanked
the Commission about their vote about dogs on the beach.
Secondly, Mr. Warner commented about the Arts Garage and urged the
Commission to sign a contract with them or go to Plan B.
Mr. Warner urged the Commission to discuss the parking issue and the
overall plan for the downtown.
6.B.5. Mary Alford, 31 N.W. 14th Avenue, Delray Beach, FL 33444, urged the
Commission to look into the dividing lines on the streets in Delray Beach. Mrs. Alford
stated she is having problems with most of the streets especially Congress Avenue more
so on the South side. She stated the lines are barely visible and on a wet day it is very
bad. Mrs. Alford urged the Commission to look into this issue.
Secondly, on behalf of the Gateway Association, Mrs. Alford stated they
have inquired many times about the intersection at N.W. 12th Avenue and Martin Luther
King Street. She stated the bump that was left when they did the maintenance on 2nd
Street has not been cleared up yet and the cars are taking a beating. Mrs. Alford asked
that a patchwork be done until the City is ready to do whatever the City is going to do on
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12th Avenue and stated to wait another 1 -2 years of waiting is too long.
6.B.6. Malcolm S. Scar, 7270 Ashford Place 4301, Delray Beach, FL 33446
(resident of Delray and has been on Atlantic Avenue for the last 20 years), stated he
was verbally abused on Atlantic Avenue and he urged the Commission to regulate the
people in the recovery groups and do more to prevent them from taking over the city.
Mr. Scar distributed photos of graffiti that he found on the exterior of his home the next
morning and thus he filed a report with the Palm Beach County Sherriff s office.
Mr. Jacquet stated this could potentially be a serious issue and he would
like to make sure that the City look into this.
6.B.7. David Toreerson, 309% NE 0 Street, Delray Beach, FL 33483,
commented about the noise ordinance and stated he has called the Police Department
both at either 1:00 a.m. or midnight when the noise ordinance is supposed to be going
into effect. Mr. Torgerson stated he is deaf without his earring aids but he can still hear
the music and the vibration can be felt at his house and the music vibrates the walls for
numerous hours. He stated it takes the Police approximately 45 min. to 1 hour to respond
so by then the bar is closed. Mr. Torgerson stated the noise is coming from IL Bacio's
and it is keeping him awake.
6.B.8. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444,
expressed concern that taxpayers' money has been wasted over the Waste Management
contract. Ms. Moody also commented about Oceanside Beach Services equipment.
6.B.9. Kenneth MacNamee, 1049 Del Haven Drive, Delray Beach, FL 33483,
commented about the bid evaluation meeting November 5, 2013 for Oceanside Beach
Services and stated the public was informed that 85% of the equipment on the beach was
new. Mr. MacNamee feels the Commission has been mis -led by City staff regarding the
condition of the beach equipment.
6.B.10. Michael S. Weiner, Weiner & Aronson, P.A., 10 S.E. 1St Avenue,
Delray Beach, FL 33444 (speaking on behalf of Oceanside Beach Services), asked the
City Commission when they would like Mr. Novatka to address the beach equipment.
Mayor Glickstein stated what the equipment is on the beach before the
new contract is really not even relevant as far as his reading of the contract. The City
Attorney confirmed that Mayor Glickstein is correct.
6.B.11. Michael Novatka, Oceanside Beach Service, briefly discussed the
contract and stated they will bring all brand new equipment at the start of the contract.
6.B.12. Josh Smith, 3616 Avenue De Gien, Delray Beach, FL 33483, read a
brief statement into the record and stated staff members gave Oceanside a financial score
of the maximum of 10 points and the Assistant Finance Director who is financially
capable gives a financial score of only 5 points that is conflicting information. Mr.
Smith urged the Commission to not approve a bid award to Oceanside Beach Services.
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6.B.13. Jim Knight, 10 S.E. 1St Avenue, Delray Beach, FL 33444, stated he
attended the Delray Reads last night which was enjoyable and the Green Market this
weekend was a lot of fun.
6.B.14. Brock Rosayn, President of Metro Taxi of Palm Beach County, briefly
discussed the proposed amendment to the vehicle for hire ordinance. Mr. Rosayn stated
there are issues that need to be addressed and hopes to have the opportunity to work with
the sponsor to further discuss how to develop the ordinance to benefit the City of Delray
Beach, its residents, and its visitors.
7. AGENDA APPROVAL.
Mrs. Petrolia moved to approve the Agenda, seconded by Mrs. Gray.
Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mrs. Gray Yes;
Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. RESOLUTION NO. 48 -13 (TAX EXEMPTION REQUEST FOR
ELIGIBLE IMPROVEMENTS /290 S.E. 6t AVENUE): Approve a tax exemption
request for eligible improvements to the individually designated property located at 290
SE 6th Avenue, Adams Auto Dealership; and approve Resolution No. 48 -13.
The caption of Resolution No. 48 -13 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, GRANTING
AN AD VALOREM TAX EXEMPTION TO 290 SE 6th
AVENUE, LLC. FOR THE HISTORIC
REHABILITATION OF THE PROPERTY LOCATED AT
290 SE 6TH AVENUE, AS FURTHER DESCRIBED
HEREIN; DETERMINING THAT THE COMPLETED
IMPROVEMENTS ARE CONSISTENT WITH LAND
DEVELOPMENT REGULATION (LDR) SECTION
4.5.1(J); PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 48 -13 is on file in the City Clerk's
office.)
S.B. HOLD HARMLESS AGREEMENT/982 MCCLEARY STREET:
Approve a Hold Harmless Agreement with Henry Shefet to install and construct two
electric gates in the City right -of -way for the property located at 982 McCleary Street.
8.C. FINAL SUBDIVISION PLAT APPROVAL/ DELRAY BEACH
FAIRFIELD INN: Approve a final plat for the Delray Beach Fairfield Inn located on
the south side of West Atlantic Avenue, between S.W. 9th Avenue and S.W. 10th Avenue.
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8.C.1. RESOLUTION NO. 53 -13: ABANDONMENT OF AN ALLEY
RIGHT -OF -WAY/ DELRAY BEACH FAIRFIELD INN: Approve Resolution No.
53 -13 to abandon the alley right -of -way located adjacent to the proposed Delray Beach
Fairfield Inn project.
The caption of Resolution No. 53 -13 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING AN ALLEY RIGHT -OF -WAY, AS
MORE PARTICULARLY DESCRIBED HEREIN, BUT
RESERVING AND RETAINING TO THE CITY A
GENERAL UTILITY EASEMENT FOR PUBLIC AND
PRIVATE UTILITIES OVER A PORTION OF THE
ABANDONMENT AREA, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING A REVERTER
CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Resolution No. 53 -13 is on file in the City Clerk's
office.)
8.C.2. RESOLUTION NO. 54 -13: EASEMENT
ABANDONMENT/DELRAY BEACH FAIRFIELD INN: Approve Resolution No.
54 -13 to abandon a general utility easement located within the proposed Delray Beach
Fairfield Inn project.
The caption of Resolution No. 54 -13 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A GENERAL UTILITY
EASEMENT LOCATED ON A WEST ATLANTIC
AVENUE REDEVELOPMENT SITE OWNED BY THE
DELRAY BEACH COMMUNITY REDEVELOPMENT
AGENCY, AS MORE PARTICULARLY DESCRIBED
HEREIN; AND PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 54 -13 is on file in the City Clerk's
office.)
8.C.3. TEMPORARY UTILITY EASEMENT
AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY CRA)/DELRAY
BEACH FAIRFIELD INN: Approve a Temporary Utility Easement Agreement with
the Community Redevelopment Agency (CRA) to provide over an existing alley right -of-
way and general utility easement which are being abandoned to accommodate the
development of the Delray Beach Fairfield Inn project, located in the 900 Block of West
Atlantic Avenue.
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S.D. CONTRACT CLOSEOUT (CHANGE ORDER_ NO. I/FINAL)/
L_ANZO CONSTRUCTION COMPANY, FLORIDA: Approve Contract Closeout
(C.O. No. I/Final) in the amount of $216,812.90 decrease and final payment in the
amount of $38,007.86 to Lanzo Construction Company, Florida, for completion of the
Reclaimed Water, Area 12A Phase I Project. Funding is available from 441- 5161 -536-
68.73 (Water and Sewer Fund: Improvements Other/ Reclaim Water, Area 12A), 448-
5461 -538 -68.67 (Storm Water Utility Fund: Other Improvement/Bay Street Pump Station
Improvement) and 442 - 5178 -536 -63.50 (Water and Sewer: Improvements Other /Water
Mains).
S.E. MODIFICATION NO. 5 OF THE NEIGHBORHOOD
STABILIZATION PROGRAM (NSP)-1 GRANT AGREEMENT: Approve
Modification No. 5 of the Neighborhood Stabilization Program (NSP) -1 Grant
Agreement l ODB- 4X410- 60 -02 -F 10 to extend contract ending date to June 30, 2014.
S.F. RESOLUTION NO. 52 -13 1GENERAL OBLIGATION REFUNDING
BONDS, SERIES 2013: Consider approval of Resolution No. 52 -13 authorizing the
issuance of not to exceed $9,000,000 in Delray Beach Bond General Obligation (GO)
Refunding Bonds, Series 2013, for the purpose of currently refunding or refinancing, in
part, the City's outstanding General Obligation Bonds, Series 2004.
The caption of Resolution. No. 52 -13 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE
ISSUANCE OF NOT EXCEEDING $9,000,000 IN THE
INITIAL AGGREGATE PRINCIPAL AMOUNT OF
CITY OF DELRAY BEACH, FLORIDA GENERAL
OBLIGATION REFUNDING BONDS, SERIES 2013
(RECREATIONAL AND CULTURAL PROJECTS) (THE
"BONDS ") FOR THE PURPOSE OF REFUNDING ON A
CURRENT BASIS, A PORTION OF THE CITY'S
OUTSTANDING GENERAL OBLIGATION BONDS,
SERIES 2004 (RECREATIONAL AND CULTURAL
PROJECTS) AND PAYING CERTAIN COSTS OF
ISSUANCE; PROVIDING THE FORM AND TERMS OF
THE BONDS; PROVIDING FOR THE PAYMENT OF
THE BONDS FROM A TAX ON ALL TAXABLE
PROPERTY IN THE CITY OF DELRAY BEACH;
DETERMINING THE NEED FOR A NEGOTIATED
SALE OF SUCH BONDS TO COMPASS MORTGAGE
CORPORATION; APPOINTING U.S. BANK
NATIONAL ASSOCIATION AS ESCROW AGENT;
APPROVING THE FORM OF AND AUTHORIZING
THE EXECUTION AND DELIVERY OF AN ESCROW
DEPOSIT AGREEMENT AND BOND PURCHASE
AGREEMENT; PROVIDING FOR THE RIGHTS AND
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REMEDIES OF THE HOLDERS OF THE BONDS;
PROVIDING FOR CERTAIN OTHER MATTERS
DEEMED NECESSARY; MAKING CERTAIN
COVENANTS RELATING TO THE ISSUANCE OF
SAID BONDS, AUTHORIZING THE PROPER
OFFICERS OF THE CITY TO DO ALL OTHER THINGS
DEEMED NECESSARY OR ADVISABLE IN
CONNECTION WITH THE ISSUANCE OF THE
BONDS; AND PROVIDING FOR AN EFFECTIVE
DATE.
(The official copy of Resolution No. 52 -13 is on file in the City Clerk's
office.)
S.G. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS
COMMITTEE: Approve ratification of appointments to the Kids and Cops
Committee for two (2) year terms ending November 30, 2015.
S.H. PROCLAMATIONS:
1. None
8.1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period November 4, 2013 through November 15, 2013.
8.J. AWARD OF BIDS AND CONTRACTS:
I Bid award to Coastal Contracting & Development Incorporated in
the amount of $58,422.50 for the construction of sidewalks.
Funding is available from 118 -1965- 554 -63.11 (Neighborhood
Services: Improvements — Other /Bike Paths /Sidewalks).
Mrs. Gray moved to approve the Consent Agenda, seconded by Mrs.
Petrolia. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor
Glickstein Yes; Mrs. Petrolia -- Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to
0 vote.
At this point, Mayor Glickstein stated the City refinanced some General
Obligation (GO) Bonds at a rate of 2.17% and the present value savings of approximately
$800,000 over the life of those bonds which equates to an immediate savings of about
$100,000 for this fiscal year. Mayor Glickstein stated the present value savings range
would typically be about 3 -5% and the net present value savings on this is in excess of
9 %. Mayor Glickstein stated this is remarkable and recognized and commended Rebecca
O'Connor, Treasurer, for her efforts.
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9. REGULAR AGENDA:
9.A. DISCUSSION OF FRANCHISE AND GARBAGE CART FEE
ANALYSIS
Lula Butler, Director of Community Improvement, stated the Commission
requested that staff look at the garbage cart fees and franchise fees as part of the garbage
bill for residents under "AGAR" services (individuals who have curbside services). Mrs.
Butler briefly reviewed staff recommendations: (1) reduces the cart fee from $.90 to $.29
per month, a reduction of franchise fees from 10% to 5 %, or not fund it at all She stated
staff recommended option 41 which is to reduce it from $.90 per month to $.29 month.
With respect to franchise fees, staff recommends to reduce the fee from 10% to 5 %.
Mr. Jacquet stated last week he had a family emergency and spoke to the
City Manager in hopes that he could be present for the discussion The franchise fee is
originally to be paid to the City from the vendor. Mrs. Butler stated under the
commercial account they are but for residents they City charges the resident rates. Mrs.
Butler stated the contract provides for residential payments by the customers for
residential and payment to the city for commercial. Mr. Jacquet commented about the
franchise fee that would be paid by Waste Management to the City. Mrs. Butler stated
the contract is not set up that way for residents; however, it is for commercial properties.
Mr. Jacquet asked what the reason was for increasing the rate at that time. Mrs. Butler
stated she believes at that time the Finance Director recommended increasing it because
they had used part of the money to clear the debris from the storms during that time.
Mrs. Butler stated the account was very low and she believes this is why the Finance
Director recommended that.
Brief discussion between Mrs. Butler and Commissioner Jacquet
continued.
Mayor Glickstein stated the estimate is we have conservatively 15 years
aggressively 20 years of funds to cover replacement carts.
Mr. Jacquet stated he does not have a problem with lowering the franchise
fee but as far as the carts he admires the proposal to lower it to $.29. However, Mr.
Jacquet stated he supports zero (0) for the cart fee and eliminating it altogether; however,
because of the explanation with respect to the residential franchise fees he supports a
reduction in that fee.
Mrs. Petrolia stated he did more research and Palm Beach Gardens does
not have a franchise fee. Mrs. Petrolia stated she supports the 5% reduction and noted the
only way she could support a $.29 cart fee is if the City were to refund the $1.4 million to
everyone that has been paying into it. Mrs. Petrolia reiterated that she supports zero (0)
for cart fees and the 5% reduction in the franchise fee.
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Mrs. Gray supports staff s recommendation and agrees that the cart fee
needs to be reduction from $.90 to $.29.
Mayor Glickstein stated he supports the 5% reduction on the franchise but
does not support any money to be collected for the cart fee. He stated the cart fee can
only be used for cart fee replacement. Mayor Glickstein supports eliminating the cart fee
immediately.
It was the consensus of the Commission to eliminate the cart fee in its
entirety and reduce the franchise fee to 5 %. At this point, Mayor Glickstein asked the
City Clerk to call the roll on the consensus: Mayor Glickstein — Yes; Mrs. Petrolia — Yes;
Mr. Jacquet — Yes; Mrs. Gray — Yes.
9.B. BID AWARD TO OCEANSIDE BEACH SERVICE, INC.: Consider
approval of a bid award to Oceanside Beach Services, Inc. for the rental of Beach
Cabanas and Beach Equipment at the City of Delray Municipal Beach; subject to the
termination of the current Beach Equipment Rental Concession Contract.
The City Attorney briefly suggested that the Commission award the bid
and then it would be subject to the termination. The City Attorney recommends adding a
revision to the contract clarifying the language in the RFP and read the language into the
record
The City Attorney stated if the City Commission approves this bid it
would be subject to the termination which is a sub item to this of the current RFP that the
City has with Oceanside Beach Services. He stated it would go into effect December 20,
2013 which is 30 days after tonight's approval which is the requirement the City needs to
give Oceanside in order to terminate the current agreement. The agreement was initially
for a five year period; however, it will be shorter than that because the City is starting a
little later. The agreement will terminate on October 31, 2018 with no renewals.
Mrs. Gray stated she did not agree with sending the contract out to bid
with there still being 18 months left on the current contract. She supports awarding this
bid to Oceanside Beach Services.
Mrs. Petrolia stated the beach is the largest asset the city has and with
almost $10 million of renourishment investment she feels the rental rates for the beach
equipment play an important role on whom we attract to our beaches. Mrs. Petrolia
stated when a beachgoer chooses to go to another beach our restaurants and retailers lose
business. Mrs. Petrolia expressed concern over the competitive rental rates. Mrs.
Petrolia stated the beach services contract specifies that the City Manager must approve
any rental rate, increase or any rental rate proposed by a bidder. She stated according to
the RFP and the contract the only person with the ability to approve a rate change is the
City Manager. She stated the City received this back from Oceanside Beach Services
because they had to present rates that were supposed to be approved by the City Manager.
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Brief discussion between the City Manager and Commissioner Petrolia
followed.
Mayor Glickstein stated this Commission voted to not continue with an
additional RFP and the only thing that would have provided competitive information
would have been another RFP.
Mrs. Petrolia stated if there is going to be a membership starting and
finishing throughout the year there is never going to be a time that there is not going to
have a problem if you change over again. Mrs. Petrolia stated if there is going to be a
membership there should be a sun setting date and it should coordinate when the City
would be annually sun- setting the original policy. Mrs. Petrolia inquired about the
financial statements.
Milena Walinski, Interim Finance Director, briefly discussed the financial
statements and stated she reviewed the payment history for the last two years and it
appears that they were a late payer.
Mayor Glickstein inquired about a monetary default provision in the
contract. Mayor Glickstein confirmed with the City Attorney that there is a 30 -day
cancellation clause for any reason whatsoever.
Mrs. Petrolia suggested that there be a city number for people to call if
they have a problem because it would eliminate having to go through the current vendor
and relying on the current vendor to get the information to the city. She requested
monthly reporting numbers from the vendor because she feels the city needs to know
what this asset is producing. Mrs. Petrolia stated in the future when the city goes out for
another RFP that it has those numbers so they can make sure that it is not something that
is missing from a future RFP and that the only person that has it is the current vendor.
Mrs. Petrolia expressed concern over a recent alleged felony charge with regard to the
vendor.
Mayor Glickstein expressed concern over there not being enough data
gathering in the RFP and stated it would be nice to understand who is visiting the beach,
from where, when, etc.
Mrs. Petrolia suggested moved to approve to throw out the RFP as
recommended by the City Manager and submit to the process again.
Mr. Jacquet stated prolonging this process anymore is the real tragedy and
will make the city look bad. He stated he was the deciding vote for this to go out to bid
because of the following: (1) he felt it was a usurpation of the Commission's power when
this was extended; he felt it needed to be addressed and the Commission did address it;
(2) he felt that there was a lot of money left on the table and in a controversial move he
made an attempt to get more money, ride out the contract for the remaining 16-18 months
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and go out for an RFP and (3) if there is something lacking in the RFP, he would not
blame the City Manager but would blame himself because he feels the Commission has
had plenty of time to look at this and ask for things to be put in it or to be removed. Mr.
Jacquet stated there has been a lot of discussion about the rate and noted when you are
doing business in America and the costs go up there is a good chance your customers are
going to be paying a little more. He stated it does not seem business friendly to ask
someone to pay 45% more because we want to make money and think it is more valuable
but then not charge the customers more. Mr. Jacquet commented about the issue with the
payment and asked how long this went on with the vendor. Ms. Walinski stated the
vendor was in the rears since 2009. Brief discussion between Mr. Jacquet and Ms.
Walinski regarding the payments continued. Mr. Jacquet stated in the beginning of this
issue he felt it was a just cause because he felt something was wrong but feels now the
City needs to fix it. Mr. Jacquet stated the City sent the contract out to bid and received
one response which is 45% more money than the City was already receiving and feels the
longer the Commission continues to have discussion on this the more money the City is
losing. Mr. Jacquet stated he supports this only for the reasons stated.
At this point, the vendor made a statement that at the start of the contract
all the equipment must be new and they will provide new equipment. Mr. Jacquet asked
if that means everything out there right now will be gone. The vendor confirmed that all
the equipment that is currently on the beach now will be gone.
Mrs. Gray reiterated that she was not in favor of sending this out to bid.
She stated she is a business person and expressed concern that this contract that states for
no particular reason the City can cancel the contract. However, Mrs. Gray stated since
the Commission decided to send this out to bid and received one responsive bidder. Mrs.
Gray stated she supports this contract tonight and is ready to move forward tonight.
At this point, Mrs. Petrolia entered photographs into the record of new and
not new beach equipment.
Mayor Glickstein made reference to the bid specifications Section C.1.
"At no time will more than two hundred fifty (250) beach chairs, cabana, umbrellas, and
windbreakers, etc...." and believes the intention is 250 total pieces of equipment. He
stated there was another bid that was not considered and the numbers were somewhat
similar. Mayor Glickstein stated that gives him some degree of comfort that they are not
operating completely in the dark. Mayor Glickstein stated the RFP process was sloppy
and not well thought out. Mayor Glickstein agrees it is time to move on and therefore
supports the bid award and the termination.
Mr. Jacquet moved to approve the bid award to Oceanside Beach Service,
Inc. with the extra contract language the City Attorney read to the City Commission
which provides that the Parks and Recreation Director in conjunction with the vendor
start changing out some of the new equipment starting sometime after tomorrow; and,
that a clarification in the contract be made for 250 total pieces of beach equipment; and,
that the annual pass not extend beyond October 31, 2018, seconded by Mrs. Gray. Upon
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roll call the Commission voted as follows: Mrs. Petrolia — No; Mr. Jacquet — Yes; Mrs.
Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 3 to 1 vote,
Commissioner Petrolia dissenting.
9.B.1. TERMINATION OF AGREEMENT /OCEANSIDE BEACH
SERVICES, INC.: Consider approval to terminate an agreement with Oceanside Beach
Services, Inc., for the beach equipment rental concession on the City's municipal beach.
Mr. Jacquet moved to approve the termination of the agreement with
Oceanside Beach Services, Inc., seconded by Mrs. Gray. Upon roll call the Commission
voted as follows: Mr. Jacquet — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs.
Petrolia - No. Said motion passed with a 3 to 1 vote, Commissioner Petrolia dissenting.
At this point, the time being 7:49 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 28 -13: Consider a city initiated rezoning for Pelican
Pointe Condominium to change the zoning district map from RM (Medium Density
Residential) District in part and GC (General Commercial) in part to RM (Medium
Density Residential) District for the property located east of South Federal Highway
between Tropic Isle Drive and Bosun Way.
office.)
The caption of Ordinance No. 28 -13 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT IN PART AND GC (GENERAL
COMMERCIAL) IN PART TO RM (MEDIUM DENSITY
RESIDENTIAL); SAID LAND BEING A PARCEL
LOCATED EAST OF SOUTH FEDERAL HIGHWAY,
BETWEEN TROPIC ISLE DRIVE AND BOSUN WAY
AND KNOWN AS PELICAN POINTE CONDOMINIUM,
AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, JANUARY 2012 "; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 28 -13 is on file in the City Clerk's
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The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
At this point, Commissioner Petrolia stepped away from the dais.
Mayor Glickstein declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 28 -13,
the public hearing was closed.
Mrs. Gray moved to approve Ordinance No. 2813 on Second and FINAL
Reading, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows:
Mrs. Gray — Yes; Mayor Glickstein — Yes; Mr. Jacquet — Yes. Said motion passed with a
3 to 0 vote.
10.13. ORDINANCE NO. 29 -13: Consider approval to repeal Chapter 36,
"Finance; City Property Transactions ", and replacing it with a new Chapter 36,
"Acquisition of Goods and Services and Disposal of City Property ".
office.)
The caption of Ordinance No. 29 -13 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REPEALING CHAPTER 36, "FINANCE; CITY
PROPERTY TRANSACTIONS ", AND ENACTING A
NEW CHAPTER 36, "ACQUISITION OF GOODS AND
SERVICES AND DISPOSAL OF CITY PROPERTY";
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 29 -13 is on file in the City Clerk's
The City Attorney read the caption of the ordinance and
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Mayor Glickstein declared the public hearing open.
Ken MacNamee, 1049 Del Haven Drive, Delray Beach, FL 33483,
stated he sent an email to the Commission recommending that they reject Ordinance No.
29 -13 and made reference to the Commission Agenda from November 5, 2013 (Item
8.Y.4, Purchase award to Otto Environmental Systems, as a sole source provider, and it
was for garbage carts). Mr. MacNamee commented about a memo from Lula Butler
through Louie Chapman and stated procurement is still a problem in the city.
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Josh Smith, 3616 Avenue De Gien, Delray Beach, FL 33483, urged the
Commission to vote "no" on Ordinance No. 29 -13 because the City's procurement
policies are too questionable from the community viewpoint.
Chuck Ridley, 210 N.W. 2 "d Avenue, Delray Beach, FL 33444, stated
the Commission is doing a good job and has a great City Manager. Mr. Ridley does not
support Ordinance No. 29 -13.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 29 -13, the public hearing was closed.
Mrs. Gray asked how many contracts the Commission actually sees. The
City Manager stated the Commission currently sees 93% of the City's contracts. Mrs.
Gray asked how many of the City's contracts are over $15,000. The City Manager stated
thousands of contracts are over $15,000 and if the Commission approves the $65,000
they would see approximately 56% of the contracts.
Mrs. Petrolia asked what 93% represent in numbers of contracts and what
does 56% represent in numbers of contracts. The City Manager stated approximately
10,000 contracts.
Mr. Jacquet concurs with comments expressed by Commissioner Petrolia.
Mr. Jacquet stated he too would like to know if the Commission moves in this direction
how many contracts is the City taking outside the Commission's control which is the
same concern that the community has. Mr. Jacquet stated right now it is too soon for the
Commission to move the sliding scale to $65,000 and allow that number of contracts to
be out of the Commission's control.
Mayor Glickstein stated the context is not right and a large part of this
ordinance that is not about the dollar value but it is about cleaning up consistencies and
practices that the City needs. Mayor Glickstein suggested changing that number from
$65,000 to $25,000 which would be a $10,000 increase from where we are now which
will not be a material difference in the amount of contracts the Commission is
considering.
Mr. Jacquet disagrees with the $25,000.
Mayor Glickstein stated the time that the City has had the $15,000 number
if you added CPI increases from the time that has been our ordinance the City would be
well over $25,000 in present day value.
Mr. Jacquet stated the $65,000 moves the scale too far up and removes too
many contracts from the purview of the Commission. Mr. Jacquet expressed concern
over the Purchasing Department being understaffed in comparison to other municipalities
and feels that the staffing for the Purchasing Department needs to be included as well.
Mayor Glickstein stated anything related to staffing is not something that can be put into
an ordinance. Mayor Glickstein stated cleaning up the procurement ordinance will help
with the staffing.
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Brief discussion by the Commission followed regarding amending the
higher end number from $65,000 to $25,000 for City Manager approval.
Mrs. Petrolia moved to approve Ordinance No. 29 -13 with the
amendment that acquisitions between $10,000 and $25,000 (not S65,000) must be
approved by the City Manager but only after receiving three (3) written quotes, seconded
by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes;
Mrs. Petrolia — Yes; Mr. Jacquet — No; Mrs. Gray — Yes. Said motion passed with a 3 to
1 vote, Commissioner Jacquet dissenting.
10.C. ORDINANCE NO. 30 -13: Consider an amendment to Chapter 99,
"Noise Control ", of the Code of Ordinances, by amending Section 99.03, "Loud and
Unnecessary Noises Prohibited ", to amend allowable times for devices and construction
noise.
The caption of Ordinance No. 30 -13 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 99 "NOISE CONTROL" OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 99.03,
"LOUD AND UNNECESSARY NOISES PROHIBITED ",
TO AMEND ALLOWABLE TIMES FOR DEVICES
AND CONSTRUCTION NOISE; AND PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 30 -13 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Lula Butler, Director of Community Improvement, stated there are three
changes being made to this ordinance: (1) clarify that the noise ordinance does apply in
all areas of the city 24 hours a day seven days a week except as specified within the
downtown area. Also, Mrs. Butler stated there was a correcting item under Section 93.03
(A)(i) and noted the time has been changed from 11:59 p.m. to 12:01 a.m. Monday
through Friday. In addition, Mrs. Butler stated under Section 93.03(4) the provision for
construction noise and construction is allowed to occur between 7:00 a.m. to 6:00 p.m.
weekdays and between 5:00 a.m. -- 4:00 p.m. on Saturdays.
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Mayor Glickstein declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 10.C.,
the public hearing was closed.
Mayor Glickstein asked if there are complaints for repeated offenders in
particular the downtown area. Mrs. Butler stated staff is working with the Police
Department and they have come up with a counting that they do under their civil
violation notices and staff accounts for those as well. Therefore, Mrs. Butler stated there
is merging of the two numbers.
After brief discussion, it was noted that IL Bacio is a violator of the noise
ordinance; however, Mrs. Butler stated IL Bacio has a variance for noise which permits
them to play louder music until 2:00 a.m. because there is a covenant that goes with the
land. Mrs. Butler reiterated that IL Bacio is grandfathered in.
Mr. Jacquet moved to approve Ordinance No. 30 -13, seconded by Mrs.
Petrolia. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr.
Jacquet — Yes; Mrs. Gray — Yes; Mayor Glickstem — Yes. Said motion passed with a 4 to
0 vote.
At this point, the time being 8:27 p.m., the Commission moved back to
Item 9.C. of the Regular Agenda.
9.C. RESOLUTION NO. 50- 13/BUDGET AMENDMENT: Consider
approval of Resolution No. 50 -13 amending Resolution No. 49 -12 adopted September 20,
2012, which made appropriations of sums of money for all necessary expenditures of the
City of Delray Beach for the FY 201212013, by setting forth the anticipated revenues and
expenditures for the operating funds of the City for FY 201212013.
office.)
The caption of Resolution No. 50 -13 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
RESOLUTION NO. 49 -12 ADOPTED SEPTEMBER 20,
2012 WHICH MADE APPROPRIATIONS OF SUMS OF
MONEY FOR ALL NECESSARY EXPENDITURES OF
THE CITY OF DELRAY BEACH, FLORIDA, FOR THE
FISCAL YEAR 2012/2013, BY SETTING FORTH THE
ANTICIPATED REVENUES AND EXPENDITURES
FOR THE OPERATING FUNDS OF THE CITY FOR
THE FISCAL YEAR 2012/2013; REPEALING ALL
RESOLUTIONS INCONSISTENT HEREWITH.
(The official copy of Resolution No. 50 -13 is on file in the City Clerk's
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Milena Walinski, Interim Finance Director, stated the State of Florida
provides the City with a Comprehensive Annual Financial Report (CAFR) Management
Letter and comments in the letter if the City goes over the budget. Ms. Walinski stated
and if the City has the same comment for three consecutive years the City is supposed to
address it. Ms. Walinski briefly reviewed the adjustments and stated normally these
changes are done at a mid -year budget amendment; however, these changes were not
addressed.
For clarification, Mayor Glickstein stated this is a reallocation; revenue
and expense neutral.
Mrs. Petrolia inquired why this is being addressed in the current fiscal
year (201312014) rather than fiscal year 201212013. She asked why staff is going
backwards and what if the Commission does not support the resolution. Ms. Walinski
stated if the Commission does not support it then this would not get done and there would
be another comment on the management letter. Ms. Walinski stated this year all it
covered was grants and if the City received money from grants it would increase the
revenue and increase the expense; this time staff did not have the opportunity to do it
because normally this would be covered in May.
Mrs. Gray moved to approve Resolution No. 5013, seconded by Mrs.
Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mrs. Gray
— Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 0
vote.
9.1). APPOINTMENT TO THE CODE ENFORCEMENT BOARD:
Appoint one (1) regular member to the Code Enforcement Board to serve an unexpired
term ending January 14, 2015. Based upon the rotation system, the appointment will be
made by Commissioner Jacquet (Seat #2).
Mr. Jacquet moved to appoint Robert Marks to the Code Enforcement
Board as a regular member to serve an unexpired term ending January 14, 2015,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray —
Yes; Mayor Glickstein — Yes; Mrs. Petrolia — No; Mr. Jacquet — Yes. Said motion passed
with a 3 to 1 vote, Commissioner Petrolia dissenting.
At this point, the time being 8:33 p.m., the Commission moved to Item
12, First Readings.
11. FIRST READINGS:
11.A. ORDINANCE NO. 31 -13: Consider an amendment to Chapter 113,
"Alcoholic Beverages ", of the Code of Ordinances by amending Section 113.15, "Hours
of Sale and Consumption; Exemption ", to remove the restriction of selling alcoholic
beverages on Sunday morning. If passed, a public hearing will be held on December 3,
2013.
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The caption of Ordinance No. 31 -13 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 113, "ALCOHOLIC
BEVERAGES" OF THE CODE OF ORDINANCES BY
AMENDING SECTION 113.15, "HOURS OF SALE AND
CONSUMPTION; EXEMPTION ", TO REMOVE THE
RESTRICTION OF SELLING ALCOHOLIC
BEVERAGES ON SUNDAY MORNING, PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 31 -13 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated with regard
to the written ordinance there is a scrivener's error under Section 113.15(A). There
should be language in there that will be stricken that says however nothing provided in
this section shall prevent alcoholic beverages defined in Florida Statute Chapter 561 for
being sold, consumed on the premises of an alcoholic beverage establishment beginning
at 7:00 a.m. on Sunday mornings. The City Attorney stated this was the previous year's
change allowing the consumption of alcohol to take place on Sunday mornings. He
stated what is being done now based on the direction of the City Commission is the City
is allowing the consumption as well as the sale of alcohol to take place on Sunday
morning.
Mrs. Gray moved to approve Ordinance No. 31 -13 on FIRST Reading,
seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mayor
Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mrs. Gray — Yes. Said motion
passed with a 4 to 0 vote.
I1.B. ORDINANCE NO. 32 -13: Provide for Charter revisions by amending
Section 3.12, "Procedure ", to provide clarification regarding the voting procedure;
providing for a referendum on March 11, 2014. If passed, a public hearing will be held on
December 3, 2013.
The caption of Ordinance No. 32 -13 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
PROVIDING FOR CHARTER REVISIONS BY
AMENDING SECTION 3.12, "PROCEDURE "; TO
PROVIDE CLARIFICATION REGARDING THE
VOTING PROCEDURE; PROVIDING FOR A
REFERENDUM ON MARCH 11, 2014; PROVIDING A
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SAVINGS CLAUSE; GENERAL REPEALER CLAUSE;
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 3213 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated what the
City is trying to do with this change is to get away with the Court Order back in 2004
where the Court said based on the language of the City's Charter a 212 vote is no action.
The City Attorney stated one of the changes staff proposes is that procedurally a 2/2 vote
fails because you must have 3 votes to adopt the motion. The other change staff proposes
that there be language in the ordinance so that in the event there is a vacancy or a
required extension, that the City allows the remaining Commissioners (which could be
under 3) to vote as long as the vote is unanimous on a particular item. The City Attorney
stated he concurs with the recommendation and feels this should be added into the
Charter as well.
The City Attorney expressed concern that there may be some things where
the City Commission has to take action on certain things where they cannot wait one or
two months. Mr. Jacquet asked if there a rule that gives the Commission the flexibility to
be able to do something that is urgent or something that is time sensitive. The City
Attorney stated the only exceptions the Commission has is on vacancies and also on
forfeitures of office where if there is only two remaining Commissioners then those two
Commissioners can go through the process of what it would take to appoint another
Commissioner if they can agree to appoint another Commissioner.
Mrs. Gray asked if this gets the Commission more in line with Roberts
Rules. The City Attorney stated the first part of it does. The City Attorney stated if there
is a 2/2 vote the motion fails but then someone can make another motion to try to approve
something.
Mrs. Petrolia asked how this ordinance is going to affect the Commissions
local rules. The City Attorney stated none of this will change until after the March
Election if the Commission adopts it and it is passed at referendum.
Mr. Jacquet stated he believes there is a reason why Roberts Rules does
not address the two person unanimous vote as being part of doing business. Mr. Jacquet
agrees that a 2/2 the motion fails and dies. He stated if you only have three
Commissioners present then all business must be unanimous in order for it to go forward
otherwise less than three votes dies. Mr. Jacquet urged the Commission to support the
first part that a 2/2 vote dies but not the second part that 2 Commission members alone
can make decisions for the entire city.
The City Attorney recommended that the Commission approve this
because if something like that happens and there is something that comes in front of the
Commission that the Commission really wants to approve but by law or because you
were unlucky there is only two people on the dais who can vote.
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Mayor Glickstein stated the eventuality of that happening is so remote that
is would be under such extreme circumstances but you cannot leave an operating concern
in libo. Mayor Glickstein reiterated the no business in the world would operate without
some contingency plan for that kind of highly unlikely crisis eventuality.
The City Attorney stated if there is a massive hurricane and three
Commissioners have to leave the state because of personal concerns they resign from the
Commission and there are two Commissioners left.
Mayor Glickstein agrees that there has to be a contingency plan.
Mrs. Gray moved to approve Ordinance No. 32 -13 on FIRST Reading,
seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs.
Petrolia — Yes; Mr. Jacquet No; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said
motion passed with a 3 to 1 vote, Mr. Jacquet dissenting.
11.C. ORDINANCE NO. 33 -13: Consider an amendment to the Code of
Ordinances by repealing Chapter 119, "Vehicles for Hire ", in its entirety and enacting a
new Chapter 119 in its place, in order to adopt, by reference, the Palm Beach County
provisions regarding the same. If passed, a public hearing will be held on December 3,
2013.
office.)
The caption of Ordinance No. 33 -13 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, BY REPEALING
CHAPTER 119, "VEHICLES FOR HIRE" IN ITS
ENTIRETY AND ENACTING A NEW CHAPTER 119,
"VEHICLES FOR HIRE" IN ITS PLACE IN ORDER TO
ADOPT BY REFERENCE THE PALM BEACH
COUNTY CODE PROVISIONS REGARDING SAME;
PROVIDING A GENERAL REPEALER CLAUSE;
SAVING CLAUSE; AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 33 -13 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Lula Butler, Director of Community Improvement, stated this ordinance
amends Section 19.01 to adopt the County's ordinance in its entirety and it requires
people doing business in Delray Beach for taxis, limos, and the like will have to go
through the County's permit process.
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Mr. Jacquet thanked staff for looking into this and asked what other things
are included in Palm Beach County's ordinance that the City does not have currently.
Mrs. Butler stated they do background checks on all the drivers, regulate the signage,
regulate the types of vehicles and standards for those insurance requirements, advertising,
media accuracy, method of customer payment, location and storage, and penalties.
Captain Tommy Mitchell, Police Department, stated regardless if the City
regulated the signs in Delray Beach, any taxi within Palm Beach, Broward, or Martin
County would still be allowed to drop off in our city. Mr. Mitchell stated the only thing
the City of Delray Beach could do would stop them from being able to pick up in the city.
He stated there is no regulation in Palm Beach County on how much a company can
charge for a fare; each company has their own right to set their rate.
Mr. Jacquet moved to approve Ordinance No. 33 -13 on FIRST Reading,
seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet
— Yes; Mrs. Gray — Yes; Mayor Glickstein Yes; Mrs. Petrolia — Yes. Said motion
passed with a 4 to 0 vote.
Mr. Jacquet moved to reconsider the noise ordinance issue, seconded by
Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor
Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 4 to
0 vote.
Mr. Jacquet moved to approve Ordinance No. 30 -13, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs.
Petrolia — No; Mr. Jacquet — Yes; Mrs. Gray — Yes. Said motion passed with a 3 to 1
vote, Mrs. Petrolia dissenting.
12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
12.A. City Manager
The City Manager stated he is glad the City Commission decided to move
forward with the Purchasing Ordinance No. 29 -13. The City Manager stated the
Inspector General's recommendations are that the City's Purchasing requirements be
changed. The City Manager stated if the Commission does not want to change the
numbers it is their responsibility because they are the policy makers.
Secondly, the City Manager stated the Commission approved an early
retirement option several months ago and he failed to mention that Paul Dorling,
Planning Director and Ron Hoggard, AICP, Principal Planner are taking advantage of
that early retirement without penalty by the end of November. In addition, the City
Manager stated Sue Luteran, Executive Assistant and Mary Arm Young, CGFO,
Accounting Manager with the Finance Director.
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1111.9113
12.B. City Attorney
The City Attorney stated with regard to the Robert Desisto Case there was
a $750,000 verdict. The City Attorney stated staff had a Court Hearing recently where
the Judge imposed sovereign immunity limits of $100,000 and staff is still appealing.
12.C. City Commission
12.C.1. Mr. Jacquet
Mr. Jacquet stated he is not feeling too well tonight and apologized for
being a little short with the rest of the Commission.
Secondly, Mr. Jacquet stated yesterday he was at Village Academy where
a local attorney Mr. Lee Cohen and his company donated brand new basketball uniforms
to the entire basketball team of Village Academy.
Mr. Jacquet stated on Saturday he had the opportunity to link up with a
lady from Miami known as "Big Mama" and they were able to distribute about 100
turkeys to families in need.
Lastly, Mr. Jacquet asked that staff give Mr. Malcolm Scar a response.
12.C.2. Mrs. Petrolia
Mrs. Petrolia stated she attended Delray Reads last week and noted it was
spectacular.
Secondly, Mrs. Petrolia stated she enjoyed the Chris Evert Tennis Charity
Event this weekend.
She stated earlier this evening there was discussion about preserving the
appearance of the downtown and she would like to see staff move forward with this.
Mrs. Petrolia stated she had a wonderful opportunity to spend time with
the Senior Group at Pompey Park for their Thanksgiving Luncheon. She stated children
from one of the academies sang and a woman performed an artistic dance. Mrs. Petrolia
stated it was phenomenal.
Lastly, Mrs. Petrolia wished everyone a Happy Thanksgiving.
12.C.3. Mrs. Gray
Mrs. Gray commented about Delray Reads and thanked Janet Meeks for
an excellent job.
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Secondly, Mrs. Gray stated the Chris Evert Tennis Charity Event was well
attended and it raised over $600,000 for her charity.
Mrs. Gray thanked the Sports Destination Committee for bringing "Perfect
Games" to the City of Delray Beach. She stated "Perfect Games" is the largest scouting
groups in the country and this weekend they brought in 47 baseball teams to the City of
Delray Beach. Mrs. Gray stated this was a huge economic impact for Delray Beach.
Mrs. Gray thanked City staff (Nigel Roberts and Jennifer Costello) for
doing an awesome job organizing the Affordable Care Act meeting.
Mrs. Gray stated Mr. Eugene Herring brought in a Karate Tournament to
Pompey Park on Saturday, November 16, 2013 and she thoroughly enjoyed it.
Lastly, Mrs. Gray wished everyone a Happy Thanksgiving.
12.C.4. Mavor Glickstein
Mayor Glickstein stated on Saturday, November 16, 2013 aside from the
Chris Evert Tennis Tournament other activities such as the Karate Tournament, the
baseball "Perfect Games ", and a surfing contest.
Secondly, Mayor Glickstein requested that staff follow -up with Mary
Alford's concern about the roadway and her Gateway Association (N. W. 12th Avenue
and MLK Blvd. (N.W. 2 °d Street).
Mayor Glickstein stated he received an email from Mayor Abrams about
striping on Linton Boulevard and Congress Avenue and two other county roadways.
Mayor Glickstein stated in terms of Commissioner Petrolia's comment
about the downtown the Commission will all be interviewed by Treasure Coast Regional
Planning Council and suggested if the issues regarding the downtown are important to
Mrs. Petrolia then this would be the time to bring that up.
He stated there have been several Department Head vacancies now there is
one additional and we have both a Finance Department Head and Planning Department
Head. Mayor Glickstein requested timelines on those as to when the City Manager
expects those positions to be filled.
The City Manager stated staff is close to hiring someone for the Director
of Parks and Recreation but may have to re- advertise for the Human Resources Director.
Mayor Glickstein commented about the proper language for addressing
the City Commission on the dais and he would like this done before the end of the year.
Lastly, Mayor Glickstein stated he is Jewish and the invocation this
evening was offensive to him.
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11/19/13
Commissioner Jacquet stated he shares the same concerns as Mayor
Glickstein because we do not want to favor any particular religion because it does
become offensive to others. Commissioner Jacquet suggested that perhaps there be a
moment of silence after the Pledge of Allegiance versus the invocation.
At this point,' a woman from the public came forward and suggested that
instead of eliminating the prayer altogether that the City consider having only Chaplains
say the prayer if it is creating a problem.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 9:13 p.m.
ATTEST:
YOR
City Clerk
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on November 19, 2013, which Minutes were formally approved and adopted by the City
Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
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