05-06-14 Regular Meeting Minutes i
MAY 6,2014
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,May 6, 2014.
1. Roll call showed:
Present - Vice Mayor Shelly Petrolia
Commissioner Alson Jacquet
Deputy Vice Mayor Jordana Jarjura
Mayor Cary Glickstein
Absent- Commissioner Frankel
Also present were - Louie Chapman, Jr., City Manager
Terrill Pyburn, Interim City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Chaplain Anthony Cuseo.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. APPROVAL OF MINUTES.
Vice Mayor Petrolia moved to approve the Minutes of the Special Meeting
of February 28, 2014, seconded by Deputy Vice Mayor Jarjura. Upon roll call the
Commission voted as follows: Mr. Jacquet — Yes; Deputy Vice Mayor Jarjura — Yes;
Mayor Glickstein— Yes; Vice Mayor Petrolia Yes. Said motion passed with a 4 to 0
vote.
Deputy Vice Mayor Jarjura moved to approve the Minutes of the Regular
Meeting of March 18, 2014, seconded by Mayor Glickstein. Upon roll call the
Commission voted as follows: Deputy Vice Mayor Ja&ra — Yes; Mayor Glickstein —
Yes; Vice Mayor Petrolia— Yes; Mr. Jacquet — Yes. Said motion passed with a 4 to 0
vote.
5. PRESENTATIONS:
5.A. Recognizing and commending the Atlantic Community High School
Robotics Team
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Mayor Glickstein read a Special Recognition Award recognizing and
commending the Atlantic Community High School Eagles Robotics Xperience (ERX)
Team which went undefeated against 30 robotic teams competing throughout the Tri-
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County area. He stated ERX advanced to the Florida State Championship where they
finished in second place and advanced to the United States Southern Division Super
Regional representing the top 72 teams out of 800 in the Southeastern U.S. where they
also claimed the second place title. Mayor Glickstein stated last month ERX traveled to
the FIRST (For Inspiration and Recognition of Science and Technology) Tech Challenge
World Championship attended by the top 128 teams out of over 3,500 throughout the
world and won. Mayor Glickstein stated competing for the last three (3) years ERX's 13
members have worked together to design and build robots to tackle prescribed game
challenges released at the start of each year. Atlantic High's Robotics Team is also
actively involved in our community. The team has created a non-profit organization
called STEM HQ (www.stemhq.org) which hosts the Delray/Boca Robotics League a
program where students interested in robotics can engage in Lego Robotics and be
mentored by ERX team members. Mayor Glickstein congratulated Atlantic High School
Principal Dr. Anthony Lockhart, Ph.D., Robotics Team Coach Vladimir Safin, and the
entire World Champion ERX Team.
5.13. Recomiziny and commending the Carver Middle School Robotics Club
Mayor Glickstein read a special recognition award recognizing and
commending Carver Middle School Robotics Club for their outstanding achievement in
the FIRST LEGO League 2013 Robotics Extravaganza. The Club, participating for the
first time in this event, earned the "Against All Odds"Award. The competition was held
at the Safe Schools Center in Boca Raton on February 1, 2014. Carver Middle School
Robotics Club promotes science and technology through robotics activities and
competitions. In October 2013, the six (6) members of the club worked as a team to
compete in the FIRST (For Inspiration and Recognition of Science and Technology)
LEGO League tournament. The competition required students to build a LEGO robot
and program it to conduct rescue and clean missions in several natural disaster scenarios.
Mayor Glickstein congratulated Carver Middle School Principal Kiwana Prophete for
doing wonderful things at Carver to improve the school's character and academic
programs, Club Coach Juan Andrade, and the entire Robotics Club.
5.C. "Plastic-Not So Fantastic" - Unity School of Delray Beach
Ms. Lucille "Lu" ('mummer, Unity School of Delray Beach, introduced her
7t' grade science class. The students gave a brief PowerPoint presentation regarding the
worldwide problem of plastics in our oceans. After the missing Malaysia Airlines Flight
370 was nowhere to be found they discovered how polluted the ocean really is and how it
is negatively affecting the environment.
5.1). 2014 Delray Affair Wrap-Up - Karen Gram_er, President and CEO
Chamber of Commerce
Karen Granger, President and CEO and President of the Delray Beach
Chamber of Commerce, gave a brief PowerPoint presentation regarding the 2014 Delray
Affair.
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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 inquiries.
With regard to a previous comment at the last meeting regarding the beach
pavilion and the pigeon deterrents, the City Manager stated those pigeon deterrents have
been ordered and will be installed at the pavilion by the end of the month.
Secondly, with regard to previous comments about sidewalk deferrals, the
City Manager stated staff recommends to the City Commission that sidewalk deferrals be
placed on the July Workshop agenda for discussion.
6.13. From the Public.
6.13.1. Steve Blum, 115 Venetian Drive, Delray Beach, FL 33843 (speaking
from a business only standpoint), stated the most important element that any employer
can have in their employees is confidence. Mr. Blum stated this city, City Commission,
and the people of Delray have lost their confidence in their current City Manager. He
urged the City Commission to ask for the City Manager's resignation immediately. Mr.
Blum stated if the City Manager does not comply he feels the City Commission has an
obligation to vote him out of his position and immediately start a search for a new City
Manager. Mr. Blum stated he has no faith in the City Manager to handle the
responsibilities of the budget in a responsible manner.
6.13.2. Pauline Moody, 609 S.W. 8'h Avenue, Delray Beach, FL 33444, stated
the City Manager has only been employed for one year. She urged the City Commission
to work together as a team. Ms. Moody urged the City Commission to promote the
Interim City Attorney to the City Attorney position.
6.13.3. _Mitzi Kaitz, 110 N.E. 0 Street, Delray Beach, FL 33444 (representing
S.A.F.E), stated there are no bike lanes on Atlantic Avenue and asked where bicyclists
can ride safely. Ms. Kaitz read a brief statement into the record and stated S.A.F.E.
requests the following: (1) do nothing to improve pedestrian/bicycle safety, (2) eliminate
parking on one side of the street for adding bike lanes, (3) close Atlantic Avenue to motor
vehicle traffic, or (4) approve a shared lane use.
6.13.4. Carol Anderson, 1441 East Bexley Park Drive, Delray Beach, FL
33445, stated we need to deal with a mix of people, vehicles, and bicycles in congested
areas in this city.
Secondly, Ms. Anderson expressed concern over the suggestion that the
City charge $1.00 for the trolley service. She stated this is anathema to all that S.A.F.E.
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has been trying to accomplish as well as other community organizations trying to reduce
vehicle traffic. Ms. Anderson stated the city needs more alternate means of
transportation and feels the trolley should be preserved as a "free" ride. Ms. Anderson
stated according to the South Florida Regional Transportation Authority they will not
find any shuttle bus systems that charge a fair at the door.
6.B.5. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483
(Chairman of S.A.F.E.), stated if it were not for the love of family and friends millions
of more Americans would find themselves homeless. Mr. Smith stated if the City starts
charging for the use of the trolley it will jeopardize South Florida Regional
Transportation Authority (SFRTA) funding, Florida Department of Transportation
(FDOT) funding, and maybe Community Redevelopment Agency (CRA) funding. Mr.
Smith urged the City Commission to support, promote, and expand the round-a-bout. In
addition, Mr. Smith requested that the City conduct a ridership survey and most
importantly help organizations to help the homeless until they are able to help
themselves.
Vice Mayor Petrolia stated she has a meeting tomorrow with Pamela
Goodman with the League of Women Voters who works with the Phil Louis Homeless
Resource Center in West Palm Beach.
6.B.6. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL
33483, commented about Items 9.A. and 9.B. and urged the Commission to not hire any
type of outside consultant because she feels the Solid Waste Authority (SWA) can do this
work for the City and the residents already pay for it. Ms. Morrison stated the SWA has
already designed their franchise agreement and has also designed invitation to bid
packages and other documents that are free for the City to use.
Secondly, Ms. Morrison stated the downtown has to have some kind of
compaction in particular behind the restaurants where the dumpsters are located which
would do away with the smell, rodents, and other issues that come along with the trash.
She urged that this be added to the contract.
Lastly, Ms. Morrison stated she received a notice that they are going to be
taking down the red lights and the traffic signals on the two (2) intersections on the
beachside of Atlantic Avenue for fifteen (15) months. Ms. Morrison stated this is a long
time to be without traffic lights especially where there are pedestrians, bikes, and people
going to the beach and she feels this could be a potentially dangerous situation. Ms.
Morrison urged City staff to look into how the City can expedite that process with the
County and State.
6.B.7. Betty Goodman, 930 S.W. 111h Terrace, Delray Beach, FL 33444,
expressed concern that the City Manager is being treated with disrespect and that he is
being judged because of the color of his skin and not his knowledge.
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Mayor Glickstein stated he does not feel there is any sentiment here
regarding leadership being defined by a person's creed, religion, color of their skin. He
stated it would be naive to think that there are not people in this community that
subscribe to that archaic way of thinking he does not feel that belief belongs in City
leadership and he does not believe it exists on the dais. Mayor Glickstein stated if Ms.
Goodman asks Mr. Chapman personally if he felt that anybody on this Commission
subscribed to that way of thinking, he believes Mr. Chapman would say that he has
gotten an honest shake in that regard. Mayor Glickstein stated discrimination has no place
in this city on any level in any shape or form and it is incumbent upon the leadership of
this town to demonstrate that there is a zero (0) tolerance policy. He stated he feels the
City Commission has demonstrated and encouraged leadership in all positions of this city
regardless of the color of a person's skin, religion, or gender. Mayor Glickstein stated the
way the City hires, evaluate, and deal with staff at every level is merit based 100% and he
has made that clear with every person he has spoken to prior to taking his seat in office
and believes his Commission colleagues subscribe to that same way of thinking.
6.B.8. Henry Henderson, employee with the Parks_Maintenance_Division,
(sneaking on Mr. Chanman's behalf), stated he is a hardworking man and participates
in a lot of things with City workers. Mr. Henderson stated everyone has different ideas
and he encouraged everyone to work together in love,peace, and unity.
6.B.9. Linda Prior, 2445 Lindell Boulevard, Delray Beach, FL Board
member of Family Promise), stated Family Promise provides those who are homeless
with a safe place to stay. Ms. Prior stated charging $1.00 to ride the trolley may prevent
homeless people from riding the trolley but it does not address the problems that
homeless individuals and families face.
6.B.10. Mario Lopes, Water Meter Reader, thanked the City Manager for
making sure the Service Employees International Union (SEIU) employees receive
benefits.
6.B.11. Nancy Stewart-Franczak, Executive Director Delray Arts, Inc., 227
South Swinton_ Avenue, Delray Beach, FL 33444, stated they are contracted by the
Delray Beach Chamber of Commerce to do their Wine and Seafood Event and the Delray
Affair and they also own the St. Patrick's Festival and the Garlic Festival. Ms. Stewart-
Franczak reported that they reached the $500,000 mark that they have contributed back to
the community. She gave a brief overview of the organizations and what their money
went towards this year. Ms. Stewart-Franczak stated these are organizations that cannot
go for grants or foundation funding.
6.B.12. Rick Konsavage, 10 North Ocean Boulevard, Delray Beach, FL 33483
General Manager of the Delray Beach Marriott and is present toda along with the
fellow_own_ers of the East Atlantic Avenue businesses), stated they are strongly
opposed to the FDOT proposal to replace the traffic lights at Atlantic Avenue at the
intersections of Venetian Drive and Gleason Street with stop signs. Mr. Konsavage
stated this would be a major traffic nightmare as well as a huge safety hazard for anyone
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crossing Atlantic Avenue. He suggested that FDOT leave the traffic lights up until the
new light posts and new lights are ready to be installed. Mr. Konsavage stated this will
cause a huge burden to his business and guest safety if it is not stopped. Mr. Konsavage
suggested that the City Commission to not start this project until the new lights come
from FDOT and that they have a minimal downtime and use temporary stop lights instead
of stop signs during this installation.
6.11.13. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445 suggested that
the City of Delray Beach adjust the hiring requirements for the new City Attorney to
eliminate the ten (10) year requirement for City Attorney. In her opinion, Mrs. Finst
stated to bring someone in from the outside to fill the job that Ms. Pyburn is currently
doing does not make sense. Mrs. Finst suggested that the City hire another Assistant City
Attorney. Mrs. Finst stated Ms. Pyburn has too much experience to spend her time
training somebody new and feels the City needs to keep her and enjoy the fact that she
knows the history of the city and the responsibilities of the City.
6.B.14. Chuck Ridley, 210 N.W. 2nd Avenue Delray Beach FL 33444 stated
he started his relationship with the public service workers approximately three (3) years
ago and at that time he has never seen a department where the morale was so low. Mr.
Ridley stated these employees who often have the lowest wages and may be the hardest
working and most dedicated employees but they felt ignored. He stated these employees
feel that they have a place that they can come and hold a conversation about work related
issues and they feel that this Commission also supports that. He stated under Mr.
Chapman's leadership these employees feel that their voice has been heard and that their
concerns are being addressed. Mr. Ridley stated there are segments of the community
who see this very differently and urged the City Commission to take a broad look and
make sure that all voices are heard.
6.11.15. Andy Katz 220 South Ocean Boulevard Delray Beach FL 33483
(speakinu on behalf of the Beach Property Owners' Association commented about
the FDOT project with regard to stop signs that will replace the traffic lights at Gleason
Street, Venetian Drive, and Atlantic Avenue. Mr. Katz stated safety is a big concern and
noted there are definite visibility issues at both of those intersections. He stated on
Venetian Drive as you are facing north ready to turn west onto Atlantic Avenue there are
some beautiful mature trees lined up but they block visibility that is required to make a
left turn. Mr. Katz stated at Gleason Street there are three (3) parking spaces to the west
of Gleason Street on the south side of Atlantic Avenue and for whatever duration of time
the City has stop signs there, he suggested that those three (3) parking spaces be
eliminated to increase visibility. Mr. Katz urged the Commission to reduce with FDOT
the length of time that the traffic lights will be out, (2) removing the three (3) parking
spaces by Gleason Street, and(3)have electric signs (flashing lights around the stop signs
like in Pineapple Grove, and leave in place the electric billboard that announces there is a
traffic change and that you are approaching a stop sign.
6.B.16. Fred Fetzer, 932 Evergreen Drive, Delray Beach, FL 33483, stated he
believes the City made a good decision with the Charter change that was done several
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years ago to require a super majority in order to terminate a City Manager. However, Mr.
Fetzer stated the times have changed now and he feels the City is at the point where we
need to drive more accountability into the City government. Mr. Fetzer stated he feels
Delray Beach needs to require a simple majority as like other cities and supports the City
placing this Charter Review question on the ballot.
6.13.17. Dr. Josh Smith, Jr., 3616 Avenue De Gien, Delray Beach, FL 33445,
stated the color of a person's skin should not be the basis of making a determination as to
whether a person is hired or whether a person is terminated. He made reference to when
Jimmy Carter was President of the United States who had wonderful personal traits but at
that time the nation felt the country needed an effective leader and did not re-elect him
for a second term. Dr. Smith stated the name of the game is productivity and the basis for
a decision being made to hire or terminate should be based solely upon one's
effectiveness; if in fact the person is effective which reflects competence it justifies the
decision to hire and not terminate; if the exact opposite is the case then that should not be
the decision. With regard to the referendum being placed on the August primary ballot,
Dr. Smith stated the public should be given an opportunity to weigh in regardless of what
the Commission's decision may be with regard to the City Manager. Dr. Smith stated the
public should have an opportunity to weigh in and" he supports (as well as other
individuals)placing that referendum on the August primary.
6.B.18. Jon Levinson, 943 Evcrareen Drive,Delrav Beach, FL 33483, stated he
was part of 1990 and 1991 Charter Review Committee which made the decision to put
the super majority for the City Manager as well as the other items which were term limits
and the three (3) year two (2) year term issues on the ballot. Mr. Levinson stated there
was a Commission prior to 1990 that not only was having a difficult time making
decisions, but there were no coalitions; it was not 3 to 2 or 4 to 1 but it was 1 to 1, 1 to 2,
and 1 to 3. Therefore, Mr. Levinson stated it made sense because of that to institute the
super majority requirement to insulate the City Manager from the political atmosphere at
that time. He stated that time has now passed and what they did not anticipate was that
the insulation of the City Manager from the politics would also provide a level of
insulation from the community from being responsive, attentive to resident's needs, and
the Commission. Mr. Levinson stated the Commission's decision tonight is not whether
or not to change from 4 to 3 but the decision is whether or not to put that on the ballot
and let the residents decide that issue. He urged the Commission to support to vote to put
this on the ballot.
6.B.19. Kevin Warner, 248 Venetian Drive, Delray Beach,FL 33483, feels this
Commission should have had the courage to initiate changing the City's Charter. Mr.
Warner stated the current Commission is undoing decisions that they do not like and
chasing things down from the past and urged the Commission to focus on the issues for
the future of this city. Mr. Warner stated he does not support having this placed on the
ballot in August and expressed concern that thousands of voters will be up north and he
does not feel that this is open government with transparency.
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6.11.20. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the AlIianco, stated the City Manager has a lot of support from
the public this evening.
Secondly, Dr. Kirson stated the homeless people have enough issues and
does not support charging them $1.00 to ride the trolley.
7. AGENDA APPROVAL.
Mayor Glickstein stated he would like to add a discussion to the regular
agenda as Item 9.A.A., FDOT's Plan to Remove the Traffic Signals at Atlantic
Avenue and Gleason Street and and Venetian Drive.
The Interim City Attorney requested to reorder Item 9.A. and Item 9.A.1.,
reading as follows: Item 9.A., Settlement Agreement with Waste Management and
Item 9.A.1., Resolution 23-14 Interim Service Agreement/Waste Mana eg ment.
Vice Mayor Petrolia requested that Item S.H., Purchase Award/The
Dumont Company be removed from the Consent Agenda and moved to the Regular
Agenda as Item 9.A.A.A. and Item 8.J., Nomination for Appointment to the Green
Implementation Advancement Board, be removed from the Consent Agenda and
moved to the Regular Agenda as Item 9.A.A.A.A.
Vice Mayor Petrolia moved to approve the agenda as amended, seconded
by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor
Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Deputy Vice Mayor
Jarjura Yes. Said motion passed with a 4 to 0 vote.
8. CONSENT AGENDA: City Manager Recommends Approval.
S.A. ACCEPTANCE OF A WATER AND SEWER
EASEMENT/ATLANTIC DENTAL: Approve a water and sewer easement deed for
water and sanitary sewer lines for Atlantic Dental located at 5065 West Atlantic Avenue.
S.B. HOLD HARMLESS AGREEMENT/435 N.E. 8' AVENUE:
Approve a Hold Harmless Agreement with Brian Vaas to install a fence and landscaping
in the City right-of-way, on the east side of N.E. 8th Avenue, between N.E. 4th Street and
N.E. 5" Street.
8.C. SERVICE AUTHORIZATION NO. 12-04/CALVIN, GIORDANO
AND ASSOCIATES, INC.: Approve Service Authorization No. 12-04 with Calvin,
Giordano and Associates, Inc. (CGA) in the amount of $97,117.46 for professional
design services (RFQ #2012-06) related to the N.W. 12' Avenue, Atlantic
Avenue/Martin Luther King (MLK) Project (Project No. 10-041). This recommendation
is in compliance with Ordinance No. 2913, Section 36.02(C)(3), "Acquisition of Goods
and Services and Disposal of City Property: Methods of Acquisition, Direct Acquisition
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Method, Professional Services". Funding is available from 334-3162-541-6860 (General
Construction Fund: Other Improvement/ NW 12th Avenue — Atlantic/Martin Luther
King), 448-5461-538-68.60 (Storm Water Utility Fund: Other Improvement/N.W. 12th
Avenue — Atlantic/Martin Luther King) and 442-5178-536-68.60 (Water & Sewer
Renewal & Replacement Fund: Improvements Other/ N.W. 12th Avenue- Atlantic/
Martin Luther King).
8.D. RESOLUTION NO. 15-14/LOCAL AGENCY PROGRAM LAP
AGREEMENT: FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT):
Approve Resolution No. 15-14 authorizing the Local Agency Program (LAP) Agreement
Extension with Florida Department of Transportation (FDOT) for the construction of the
Federal Highway Beautification Project No. 2009-009.
The caption of Resolution No. 15-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO
EXTEND THE DEADLINE FOR THE LOCAL AGENCY
PROGRAM (LAP) AGREEMENT WITH THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION
VIA A SUPPLEMENTAL AGREEMENT TO PROVIDE
UNTIL DECEMBER 31, 2015 FOR THE
DEPARTMENT'S PARTICIPATION IN MILLING AND
RESURFACING OR RECONSTRUCTING PORTIONS
OF US 1/SR-5 FROM SOUTH OF HARBORSIDE
DRIVE TO BOND WAY (PROJECT CONSISTING OF
LANDSCAPING, LIGHTING, AND MINOR
DRAINAGE IMPROVEMENTS) AND RESURFACING
ON ATLANTIC AVENUE FROM SOUTHBOUND US-1
TO NORTHBOUND US-1 WITHIN THE CITY OF
DELRAY BEACH; PROVIDING FOR CONFLICTS;
PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 15-14 is on file in the City Clerk's
office.)
8.E. CHANGE ORDER NO. 2/SEALAND CONTRACTORS
CORPORATION: Approve Change Order No. 2 in the amount of $56,283.84 to
Sealand Contractors Corporation for a nine (9) day extension of time; and additional
work for the Federal Highway Beautification Project (Bid No. 2012-21). This is in
compliance with Ordinance No. 29-13, Section 36.06(A)(1), "City Commission
Approved Contracts, Beyond The Scope of Work", and Section 36.06(A)(3), "City
Commission Approved Contracts, Extension of Completion Dates". Funding is to be paid
out of the Contract's Undefined General Allowance.
S.F. AMENDMENT NO. 2 TO THE INTERLOCAL
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AGREEMENT/SCHOOL BOARD OF PALM BEACH COUNTY:
Approve Amendment No. 2 to the Interlocal Agreement with the School Board of Palm
Beach County to share infonnation with the Milagro Center and Learning and Leadership
in Families, Inc. as part of the Campaign for Grade-Level Reading.
8.G. TRIPARTITE INTERLOCAL AGREEMENT/CITY OF DELRAY
BEACH SCHOOL OF PALM BEACH COUNTY AND ACHIEVEMENT
CENTERS FOR CHILDREN AND FAMILIES (ACCF): Approve a Tripartite
Interlocal Agreement between the City of Delray Beach, School Board of Palm Beach
County and the Achievement Centers for Children and Families for shared use of the Pine
Grove Elementary School.
S.H. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.
8.I. CONSENT TO ASSIGNMENT/RMS PROPERTIES IX, LLC.:
Approve the Consent to Assignment from Oxford Business Corporation to RMS
Properties IX, LLC.
8.J. THIS ITEMS HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.A.
8.K. RESOLUTION NO. 16-141107 N.W. 10' AVENUE: Approve
Resolution No. 16-14 assessing costs for abatement action required for the emergency
board-up of an unsafe structure located at 107 N.W. 10th Avenue.
The caption of Resolution No. 16-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT
TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH, ASSESSING COSTS FOR
ABATEMENT ACTION REGARDING AN UNSAFE
BUILDING ON LAND(S) LOCATED WITHIN THE
CITY OF DELRAY BEACH; SETTING OUT ACTUAL
COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING THE COST OF
SUCH ACTION; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING
OF THIS RESOLUTION, AND DECLARING SAID
LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS;
PROVIDING FOR THE MAILING OF NOTICE.
(The official copy or Resolution No. 16-14 is on file in the City Clerk's
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office.)
S.L. RESOLUTION NO. 17-14/2213 — 2215 N.E. 3" AVENUE: Approve
Resolution No. 17-14 assessing costs for abatement action required for the emergency
board-up of an unsafe structure located at 2213 - 2215 N.E. 3rd Avenue.
The caption of Resolution No. 17-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT
TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH, ASSESSING COSTS FOR
ABATEMENT ACTION REGARDING AN UNSAFE
BUILDING ON LAND(S) LOCATED WITHIN THE
CITY OF DELRAY BEACH; SETTING OUT ACTUAL
COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING THE COST OF
SUCH ACTION; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING
OF THIS RESOLUTION, AND DECLARING SAID
LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS;
PROVIDING FOR THE MAILING OF NOTICE.
(The official copy of Resolution No. 17-14 is on file in the City Clerk's
office.)
S.M. RESOLUTION NO. 18-14/610 S.E. 2" AVENUE: Approve
Resolution No. 18-14 assessing costs for abatement action required for the emergency
board-up of an unsafe structure located at 610 S.E. 2nd Avenue.
The caption of Resolution No. 18-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT
TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH, ASSESSING COSTS FOR
ABATEMENT ACTION REGARDING AN UNSAFE
BUILDING ON LAND(S) LOCATED WITHIN THE
CITY OF DELRAY BEACH; SETTING OUT ACTUAL
COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING THE COST OF
SUCH ACTION; PROVIDING FOR AN EFFECTIVE
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DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING
OF THIS RESOLUTION, AND DECLARING SAID
LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS;
PROVIDING FOR THE MAILING OF NOTICE.
(The official copy of Resolution No. 18-14 is on file in the City Clerk's
office.)
8.N. RESOLUTION NO. 19-141401 S.W. 8TH AVENUE: Approve
Resolution No. 19-14 assessing costs for abatement action required for the emergency
board-up of an unsafe structure located at 401 S.W. 8t"Avenue.
The caption of Resolution No. 19-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT
TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH, ASSESSING COSTS FOR
ABATEMENT ACTION REGARDING AN UNSAFE
BUILDING ON LAND(S) LOCATED WITHIN THE
CITY OF DELRAY BEACH; SETTING OUT ACTUAL
COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING THE COST OF
SUCH ACTION; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING
OF THIS RESOLUTION, AND DECLARING SAID
LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS;
PROVIDING FOR THE MAILING OF NOTICE.
(The official copy of Resolution No. 19-14 is on file in the City Clerk's
office.)
S.O. RESOLUTION NO. 20-14/41 S.W. 7TH AVENUE: Approve Resolution
No. 20-14 assessing costs for abatement action required for the emergency board-up of an
unsafe structure located at 41 S.W. 7th Avenue.
The caption of Resolution No. 20-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT
TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE
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LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH, ASSESSING COSTS FOR
ABATEMENT ACTION REGARDING AN UNSAFE
BUILDING ON LAND(S) LOCATED WITHIN THE
CITY OF DELRAY BEACH; SETTING OUT ACTUAL
COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING THE COST OF
SUCH ACTION; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING
OF THIS RESOLUTION, AND DECLARING SAID
LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS;
PROVIDING FOR THE MAILING OF NOTICE.
(The official copy of Resolution No. 20-14 is on file in the City Clerk's
office.)
S.P. RESOLUTION NO. 21-1412201 - 2203 N.E. 3rd AVENUE: Approve
Resolution No. 21-14 assessing costs for abatement action required for the emergency
board-up of an unsafe structure located at 2201-2203 N.E. 3rd Avenue.
The caption of Resolution No. 21-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT
TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH, ASSESSING COSTS FOR
ABATEMENT ACTION REGARDING AN UNSAFE
BUILDING ON LAND(S) LOCATED WITHIN THE
CITY OF DELRAY BEACH; SETTING OUT ACTUAL
COSTS INCURRED BY THE CITY TO ACCOMPLISH
= SUCH ABATEMENT AND LEVYING THE COST OF
SUCH ACTION; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING
OF THIS RESOLUTION, AND DECLARING SAID
LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS;
PROVIDING FOR THE MAILING OF NOTICE.
(The official copy of Resolution No. 21-14 is on file in the City Clerk's
office.)
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80. PROCLAMATIONS:
1. Better Hearing Month—May 2014
2. Civility Month—May 2014
3. Kids To Parks Day—May 17, 2014
4. National Emergency Medical Services Week—May 18-24, 2014
S.R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period April 14, 2014 through May 2, 2014.
8.S. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Tampa Armature Works (TAW) Power Systems Inc.,
(Bid No. 2014-23) in the amount of$33,740.00 for the purchase of
a replacement standby generator related to the Public Utilities
Generator Replacement project. This recommendation is in
compliance with Ordinance No. 29-13, Section 36.02(A)(1),
"Acquisition of Goods and Services and Disposal of City Property:
Methods of Acquisition, Sealed Competitive Method, Competitive
Bids". Funding is available from 442-5178-536-64.90 (Water &
Sewer Renewal & Replacement Fund:
Machinery/Equipment/Other Machinery/Equipment).
2. Bid award to Arbor Tree and Land, Inc. in the amount of
$123,145.00 for construction of the Swales Project (Bid No. 2014-
21). This recommendation is in compliance with Ordinance No.
29-13, Section 36.01(A), "Acquisition of Goods and Services and
Disposal of City Property: Applicability; Definitions,
Applicability", and Section 36.02(A)(1), "Acquisition of Goods
and Services and Disposal of City Property: Methods of
Acquisition, Sealed Competitive Method, Competitive Bids".
Funding is available from 448-5461-538-46.43 (Storm Water
Utility Fund/Repair and Maintenance Service/Drainage Swales).
Vice Mayor Petrolia moved to approve the Consent Agenda as amended,
seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as
follows: Vice Mayor Petrolia — Yes; Mr. Jacquet -- Yes; Deputy Vice Mayor Jarjura —
Yes; Mayor Glickstein—Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 7:26 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10. ORDINANCE NO. 11-14: Consider approval to amend Chapter 91,
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"Animals", by repealing "Sea Turtles", Sections 91.50 through 91.99, in their entirety
and enacting a new Section 91.50 in its place in order to adopt by reference the Palm
Beach County Code provisions regarding the same.
The caption of Ordinance No. 11-14 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 AMENDING
CHAPTER 91, "ANIMALS", BY REPEALING "SEA
TURTLES", SECTIONS 91.50 THROUGH AND 91.99,
IN THEIR ENTIRETY AND ENACTING A NEW
SECTION 91.50 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. 11-14 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.
Al Berg, Assistant Director of Community Improvement, gave a brief
presentation.
Mayor Glickstein declared the public hearing open.
Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane 42110. Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delr_a_y
Beach and Member of the Alliance), expressed concern over the discussion of turtles
and asked why the turtles have more rights than those people that use the beach. Dr.
Kirson stated several restaurants on Atlantic Avenue serve turtle soup and he feels this is
more concerning than worrying about the turtles on the beach.
There being no one else from the public who wished to address the
Commission,the public hearing was closed.
Mr. Jacquet moved to adopt Ordinance No. 11-14 on Second and FINAL
Reading, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as
follows: Mr. Jacquet—Yes; Deputy Vice Mayor Jarjora—Yes; Mayor Glickstein—Yes;
Vice Mayor Petrolia Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 7:33 p.m., the Commission moved back to
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Item 9.A.A. of the Regular Agenda.
9. REGULAR AGENDA:
9.A.A. FDOT's Plan to Remove the Traffic Signals at Atlantic Avenue and
GIeason Street and Venetian Drive
Randal Krejcarek, Director of Environmental Services, stated FDOT on a
regular basis does inspections of their signalized intersections especially the mast arms.
Mr. Krejcarek stated last year (May 2013) FDOT did an inspection which showed that
these signalized intersections at these two intersections were in a deteriorated state and
are rusting from the inside out. He stated at that point there was nothing that was raised
as an issue that they needed to be replaced at that point. Mr. Krejcarek stated earlier this
year he received a telephone call from FDOT stating that they would be doing another
inspection. Mr. Krejcarek stated FDOT is at a point now where they need to take them
down and he had a conversation with the Operations Director with FDOT regarding the
options. He stated FDOT was very concerned about the deteriorated condition of the
mast arms and their maintenance people were concerned about the horizontal arms falling
down. Mr. Krei carek stated FDOT suggested that the City look at three-way stops at
those two intersections and there was discussion internally about it and Mr. Krejcarek
stated the City is in agreement with but the City wants trombone mast arms back up. Mr.
Krejcarek stated the permanent mast arms will go up sometime late 2015; FDOT stated
these are not budgeted this fiscal year but they are budgeted for their next fiscal year
(starts in July 2015). Mr. Krejcarek stated he spoke to the Operations Director this
afternoon and he indicated that he touched base with his maintenance people again and
asked them if they could hold off taking down the existing horizontal mast arms;
however, the maintenance people are pushing to take them down.
Mayor Glickstein stated there is an unusual confluence of automobile and
pedestrian traffic at those intersections and if this were not two-way traffic in both
directions the stop sign (a temporary measure) would be acceptable without a lot of
objection. Mayor Glickstein stated there is a lot of objection from the hotels and most of
restaurants he has heard from who rely on a lot of pedestrian traffic and the ability to
move out of the hotels and around the downtown. He stated there are two intersections,
stop signs that will stop people that are coming in two different directions that will arrive
at those stop signs at different times and accelerating at different times which will make it
impassable to get from Venetian Drive to Gleason Street onto Atlantic Avenue traveling
any direction that is going to be compounded significantly when the bridge comes down
and that road becomes a speedway from people impatient from sitting at the bridge and
trying to travel east. In addition, Mayor Glickstein stated there is the other unusual
condition of sidewalks on both the east and west sides of both Venetian Drive and
Gleason Street traveling east and west across Atlantic Avenue in addition to the
pedestrian traffic moving across Atlantic Avenue at those intersections east and west. He
stated there is temporary signalization that FDOT feels they can install within three (3)
months and feels this needs to happen. Mayor Glickstein stated the City has to decide
whether or not to hold off on the stop signs and avoid that and leave the conditions as
they are (which are potentially unsafe) until those signals are in place or use the stop
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signs for the next three (3)months.
Vice Mayor Petrolia asked how long have the mast arms been up. In
response, Mr. Krejcarek stated these have been up since 1996. Vice Mayor Petrolia
stated this is a busy intersection but there are even busier intersections throughout the
City. She expressed concern that the City could end up in the same situation with regard
to other mast arms and asked why the City did not know about this until the last minute in
having to get it down that it is ready to fall. Mr. Krejcarek stated the City knew last year
(May 2013). Vice Mayor Petrolia asked begun that process last year so that at this point
this year the mast arms would have been replaced out. Mr. Krejcarek stated he does not
know what FDOT's process is. Vice Mayor Petrolia asked if there are other issues
pending. Mr. Krejcarek stated FDOT does inspections of their mast arms on a regular
basis. Vice Mayor Petrolia asked if there is a way to reinforce the current mast arm until
the City gets the three (3) month temporary signal in. Mr. Krejcarek stated part of the
issue with the current mast arms is the rusting at the base. Vice Mayor Petrolia stated she
would like staff to explore this because if there is a way to be able to not have the three
(3) month down time while going to a temporary. Vice Mayor Petrolia stated she would
like to see if staff can find a way to be able to not have the situation where the City does
not have a light there. Vice Mayor Petrolia asked when the City would actually see the
new mast arms. Mr. Krejcarek stated they are going to start the design process when the
City commits to the additional funding to get trombone mast arms back up (the City will
work with the CRA) to do that. As soon as FDOT receives the notification from the City
they will start the design process so that they can award the construction contract at the
beginning of the 2015 fiscal year.
Deputy Vice Mayor Jarjura stated it is disappointing that FDOT was made
aware of the problem last year and did not budget accordingly for it and now the City is
faced with an emergency situation where the City Commission has to decide between two
(2) potentially life safety issues. Deputy Vice Mayor Jarjura stated she supports a
temporary fix rather than waiting for 15 months and she would like to know the response
to Vice Mayor Petrolia's question about whether this is an immediate unsafe structure
issue. Mr. Krejcarek stated he will contact FDOT in the morning and when he receives a
response he will email it to the entire City Commission. Deputy Vice Mayor Jarjura
inquired about the liability issue and asked whether or not this is the City's liability or
FDOT's liability.
Mayor Glickstein stated FDOT has put the City in a very difficult position
of having to choose between unsafe conditions that their inability to budget and plan has
placed this city and believes that is the crux of the problem. He stated the business
owners were not in the loop on this and the first time he heard about it was an email from
a resident. Mayor Glickstein stated FDOT handled this poorly operationally but they
handled it poorly in terms of engaging the people most affected by the change. He stated
he does not feel the FDOT has properly thought out the safety implications of the
alternative that they are proposing and does not believe it is a safe condition.
Deputy Vice Mayor Jarjura stated as much as she feels that the stop signs
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create an unsafe condition she wants a more immediate of the other. Therefore, Deputy
Vice Mayor Jar ura stated she supports the stop signs for three (3) months until FDOT
installs the temporary lights if they cannot be reinforced.
With regard to Deputy Vice Mayor's concern about the liability issue, the
Interim City Attorney stated that area of Atlantic Avenue is owned, operated, and
maintained by FDOT it would be FDOT's liability but it is always possible that the City
could be sued.
Deputy Vice Mayor J a�ura asked staff to also have FDOT do a report of
the inspections they have done on other lights throughout the city to let the Commission
know where those lights are in terms of their repair or disrepair.
It was the consensus of the City Commission that if there is no ability to
reinforce them such that the City can avoid the stop signs for three (3) months, then the
stop signs are acceptable for the three (3) month period until the City can get the stand
poles in place.
9.A.A.A. RATIFICATION OF COLLECTIVE BARGAINING
AGREEMENT/SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU):
Approve the ratification of the Collective Bargaining Agreement with the Service
Employees International Union(SEIU).
Shirley McKennon, Director of Human Resources, stated this item is the
ratification of the Collective Bargaining Agreement with the Service Employees-
International Union (SEIU). Ms. McKennon stated the City of Delray Beach has
received a two (2) year Collective Bargaining Agreement with SEIU and April 9, 2014
the Agreement was ratified by the SEIU members with a vote of 104 to 0. She stated the
duration of this Agreement is from October 1, 2013-September 30, 2015. Ms.
McKennon stated several changes in the Agreement those being as follows: (1) across
the board wage increase in the amount of 4% retroactive to the first full payroll after
October 1, 2014; individual performance increase in the range of 0-3% effective fiscal
year 2014-15 (2) provides for no layoffs or furloughs during fiscal year 2013-14 (3)
permit employees to take two hours of leave with pay to attend two (2) parent-teacher
conferences per fiscal year. Staff recommends the ratification of the Collective
Bargaining Agreement between SEIU and the City of Delray Beach.
Vice Mayor Petrolia confirmed with the Human Resources Director that
the first year is across the board and the second year is on merit pay only for an additional
0-3%. Vice Mayor Petrolia asked why is there such a difference between the bargaining
on the SEIU employees and the Police and Fire. Ms. McKennon stated the bargaining for
Police and Fire had to do with pension. However, with the SEIU bargaining unit, pension
was not an issue because they were more concerned with across the board wage increases
because wages were frozen for the last four (4) years. Vice Mayor Petrolia stated she felt
very much like the City was not able to do anything and that there was a lot of time
lapsing between.
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Mayor Glickstein stated he is pleased that everyone is happy with the
Agreement; however, he does not recall the Commission being briefed on the status of
those negotiations where there were problems. He stated while he agrees that the pension
makes Collective Bargaining with Police and Fire much more complex but these are also
employees that the Commission needs to know how they are being treated in terms of the
compensation and wages which can get complicated but are not beyond the bandwidth of
this Commission to understand.
Mr. Jacquet thanked Ms. McKennon and City staff for the work that has
been done on this. Mr. Jacquet stated these are the men and women that actually run the
city and he met all the guys in their break room they told him they had never seen a
single elected official has ever been there to see how hard they work and see what they
do. Mr. Jacquet stated the City came up with a solution that he feels everyone is happy
with.
Vice Mayor Petrolia moved to approve the Ratification of the Collective
Bargaining Agreement with the Service Employees International Union (SEW),
seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Deputy Vice
Mayor Jarjura—Yes; Mayor Glickstein—Yes; Vice Mayor Petrolia—Yes; Mr. Jacquet—
Yes. Said motion passed with a 4 to 0 vote.
At this point, Mr. Jacquet left the dais and passed the gavel to Vice Mayor
Petrolia.
9.A.A.A.A. GRANT AWARD/DEPARTMENT OF HOMELAND SECURITY:
STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER):
Authorize acceptance of the Staffing for Adequate Fire and Emergency Response
(SAFER) Grant in the amount of $646,043.00 to hire four (4) additional
Firefighter/Paramedics for a twenty-four(24)hour period.
Vice Mayor Petrolia stated she wants to make sure that the City is in need
of the four (4) positions before the Commission makes that decision to go forward with
the grant. Ms. Connor stated the grant was for four (4) individuals and their salaries and
benefits for the period of two (2) years. Ms. Connor stated in 2010 they provided the
salary, pension, and benefits for two (2) years and then the City had to continue their
employment for one (1) year after that. She stated they will provide the salary, pension,
and benefits for a period of two (2) years but then there is no commitment to continue
that employment forward. However,towards attrition and so forth,they would be able to
keep those particular employees and typically it does not result in layoffs. Ms. Connor
stated this grant was written at the end of last summer it was to replace the funding for
the four (4) positions from the Fire-Rescue budget that had been eliminated in the budget
process. Ms. Connor stated this is the replenishment of those funds and without the
funding last year resulted in staff levels of 32 people per day; the minimum staffing level
for the Fire-Rescue Department is 33 persons per day. She stated this meant at least the
partial closure of a rescue unit so this is bringing their staffing level up to at a minimum
to what it should have been last year. Ms. Connor stated further analysis will be reflected
in the project budget this year to bring the staffing level up to where it should be. Ms.
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Connor stated with regard to this item, staff received a letter from FEMA dated April 18,
2014 at which time the City has thirty (30) days from that date of award to accept or
reject the grant. Ms. Connor recommends that the City accept this grant at this time and
i
if deemed necessary in the future the City can reject it later.
i
With regard to Vice Mayor Petrolia's comments, Deputy Vice Mayor
Jarjura stated the Finance Department recommendations cover that and it is subject to the
following: At the end of the two (2) year grant period the City can either retain the then
currently open positions, retain new positions approved through the normal budget
process, or terminate them.
Vice Mayor Petrolia moved to approve Item. 9.A.A.A.A. (formerly Item
8.1), seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as
follows: Mayor Glickstein Yes; Vice Mayor Petrolia—Yes; Mr. Jacquet—Yes; Deputy
Vice Mayor Jarjura—Yes. Said motion passed with a 4 to 0 vote.
9.A. SETTLEMENT AGREEMENT: Consider approval of the proposed
Settlement Agreement with Waste Management, Inc., Florida.
The Interim City Attorney stated this item is before the City Commission
to settle the matter between the City of Delray Beach versus Waste Management in the
case that was filed recently with regards to Amendment No. 5 to the franchise agreement
entered into between the City of Delray Beach and Waste Management. On March 28,
2014, the Honorable Judge Meenu Sasser issued an order granting the City motion for
summary of judgment declaring the eight (8) year extension of the franchise agreement
via Amendment No. 5 was void because it violated the City's procurement code. On
April 14, 2014, Waste Management filed a Notice of Appeal of Judge Sasser's order.
This settlement agreement provides that Waste Management will dismiss their appeal
within five (5) business days of execution of the agreement and the associated Interim
Service Agreement (Item 9.A.1.). It further provides that the City will proceed with a
competitive solicitation process and that the competitive solicitation document shall not
permit the litigation to negatively affect the evaluation of Waste Management and that
both the City and Waste Management are waiving their rights to any past claims and
Waste Management has agreed to pay the City $130,000 for attorney's fees and costs at
this time. The Interim City Attorney stated if the Interim Services Agreement is not
entered into (next item on the agenda)then the settlement agreement will be null and void
after five (5)days.
Vice Mayor Petrolia stated she concurs with comments expressed by
Commissioner Jacquet.
Mr. Jacquet stated he has been consistent on this issue since 2012 and
believes he was the only one currently on the Commission that was here when this issue
first came up. Mr. Jacquet stated he spoke clearly about his position at that time and ever
since then the decision was made, even over his objection, to proceed with it. He stated
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when the Commission looked at it again in 2013 at which time he stayed consistent with
his position, and the Commission sent it out to get a look at and it came back and told the
City that they could potentially get out of this contract at that time he looked at it as a
"win-win" for the taxpayers of this city as like he looked at in 2012. Mr. Jacquet stated
he is very proud to have been on this side of the issue to help save the taxpayers some
money. Mr. Jacquet stated he applauds Waste Management for the level of service they
have provided.
Vice Mayor Petrolia stated she concurs with comments expressed by
Commissioner Jacquet. Vice Mayor Petrolia stated she is glad to have brought it to this
Commission to have been the person to have led and brought this to the Commission.
Deputy Vice Mayor Jarjura commended Weiss, Scrota, Helfman,
Pastoriza, Cole and Boniske for doing an excellent job in laying out a very clear legal
argument that Honorable Judge Sasser agreed with. Deputy Vice Mayor Jarjura stated
the settlement agreement accomplishes everything that she had concerns with in terms of
the Waste Management agreement. She stated it was not about the quality of the vendor
but it is that this contract should have been publicly bid in accordance with law. Deputy
Vice Mayor Jar ura stated the contract had indefinite five (5) year renewals on top of
what would have been a twenty (20)year contract that had not been publicly bid. Deputy
Vice Mayor Jadura stated this settlement agreement makes the City whole in terms of
getting the City's attorney's fees recuperated, the City goes out to publicly bid and if
Waste Management is the best and most qualified bidder they will get the contract again.
Then according to the term of the contract is it will be publicly bid again and the City will
know that it is getting the best price, the best vendor, and in accordance with law.
Deputy Vice Mayor Jarjura stated she is very happy with the settlement agreement.
Mr. Jacquet inquired about the language as far as any potential bias or
discrimination against the current contract holder based on the litigation with regards to
the settlement agreement. The Interim City Attorney stated this language is in paragraph
5 of the settlement agreement.
Mayor Glickstein echoed comments of the rest of the City Commission
and stated he disagrees with those in the public that think looking back is a bad practice
because this is something that should have never been swept under the rug. Mayor
Glickstein commended those Commissioners who withstood the criticism about why it is
improper to look back. As as stated by Commissioner Jarjura, Mayor Glickstein stated it
is not looking back but it is looking forward to ensure that the integrity of the process by
which the City does business is intact. He commended Waste Management for doing a
very good job and stated they have been a very good contractor for the City. Mayor
Glickstein it has always been about a process that was systematic of many things that
have gone wrong in the city over the years. Mayor Glickstein stated he applauds his
colleagues for standing tall on this issue and stated the City had the good fortune of a
great law firm, good lawyers, and a very capable judge. Mayor Glickstein stated he fully
supports the settlement and noted that the bidding process is not just about price but it is
about defining a scope of work in the context of today.
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05/06/14
Deputy Vice Mayor Jarlura moved to approve the settlement agreement,
seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice
Mayor Petrolia Yes; Mr. Jacquet — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor
Glickstein—Yes. Said motion passed with a 3 to 0 vote.
9.A.1. RESOLUTION NO. 23-14: INTERIM SERVICE
AGREEMENT/WASTE MANAGEMENT, INC., FLORIDA: Consider approval of
Resolution No. 23-14; authorizing the City to enter into an Interim Service Agreement
with Waste Management, Inc., Florida to provide for continued garbage collection
services until October 31, 2014 with up to a maximum of three (3), one (1) month
extensions to allow the City the opportunity to engage in a competitive solicitation
process for garbage collection services.
The caption of Resolution No. 23-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
AN INTERIM SERVICE AGREEMENT WITH WASTE
MANAGEMENT INC. OF FLORIDA TO PROVIDE
FOR THE CONTINUATION OF GARBAGE AND
RECYCLING COLLECTION SERVICES WHILE THE
CITY ENGAGES IN A COMPETITIVE SOLICITATION;
DECLARING BY A FOUR-FIFTHS AFFIRMATIVE
VOTE THAT THE CITY'S SEALED COMPETITIVE
METHOD OR WRITTEN QUOTATIONS
PROCUREMENT METHOD OR WRITTEN
QUOTATIONS PROCUREMENT METHOD FOR THE
TEMPORARY CONTINUATION OF SERVICES IS NOT
IN THE BEST INTEREST OF THE CITY; PROVIDING
FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 23-14 is on file in the City Clerk's
office.)
The Interim City Attorney stated this Interim Service Agreement is
brought to the City Commission as part and parcel of the settlement agreement. This
Interim Service Agreement provides that Waste Management will continue to provide
interim services for garbage collection through October 31, 2014 and it does provide that
the interim service period may be extended on month-to-month basis upon written
agreement of the City Manager and Waste Management for a maximum of three (3)
months. Additionally, the Interim City Attorney stated it does provide for the status quo
of service during that interim period. The Interim City Attorney stated the City has taken
possession of 128 big belly solar compactors; initially it was anticipated that there would
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be 130 under the prior agreement; however, to the extent that the City has not taken
possession of any big belly solar compactors, the City will not take possession of any
additional big belly solar compactors during this interim period. The Interim City
Attorney stated Waste Management is no longer required to provide the City with in-kind
services of$20,000 which was required prior. The Interim City Attorney stated there is
clarification with regard to the bus shelters and Waste Management is currently picking
up for 71 bus shelter sites which is provided for in the agreement as well as the sidewalk
cans and that information has been updated to reflect the status quo as to the services that
have been provided. The Interim City Attorney stated Resolution No. 23-14 is associated
with this which will require a unanimous vote at this point since Commissioner Frankel is
not present for the meeting.
Vice Mayor Petrolia stated the sidewalk cans and the bus shelters are
status quo. With regard to the renewal language, Vice Mayor Petrolia recommended to
change the City Manager to the City Commission. It was the consensus of the City
Commission to change the renewal language from the City Manager and to the City
Commission.
The Interim City Attorney read Resolution No. 23-14 into the record.
Deputy Vice Mayor moved to approve Resolution No. 23-14, seconded by
Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet —
Yes; Deputy Vice Mayor Jarjura— Yes; Mayor Glickstein— Yes; Vice Mayor Petrolia—
Yes. Said motion passed with a 4 to 0 vote.
9.B. AUTHORIZATION TO ENGAGE TO PREPARE PROCUREMENT
DOCUMENTS: Consider authorization to engage Weiss, Scrota, Helfinan, Pastoriza,
Cole and Boniske to prepare procurement documents for garbage collection services in
the amount of$215.00 per hour. This is in compliance with Ordinance No. 29-13 Section
36.02(C)(3), "Acquisition of Goods and Services and Disposal of City Property: Methods
of Acquisition, Direct Acquisition Method, Professional Services". Funding is available
from 433-3711-5343190 (Sanitation Fund: Professional Services/Other Professional
Services).
The Interim City Attorney stated this item is before the Commission to
discuss the ability of engaging Weiss, Scrota, Helfama, Pastoriza, Cole and Boniske to
prepare procurement documents for garbage and recycling collection services. The
Interim City Attorney stated this firm handles the litigation with regards to the Waste
Management case and their rate is $215.00 per hour. In addition, the Interim City
Attorney stated they have attached a retainer agreement and if the Commission decides to
go with Weiss, Scrota, et al she would suggest some changes to their retainer agreement
subject to approval of both parties. If the Commission decides to go with Weiss, Scrota,
et al, the Interim City Attorney suggested that the Commission discuss what the
deliverable will look like and whether or not they plan to utilize them from the drafting of
the document .through any possible bid protest to the implementation of garbage
collection services. The Interim City Attorney stated this item is time sensitive given the
fact that the City only has interim garbage collection services up through October 31,
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2014 and maybe up to three(3) months beyond that.
Deputy Vice Mayor Jarjura stated if Weiss, Serota, Helfinan, Pastoriza,
Cole and Boniske would start the process and their client goes for the contract they would
have to withdraw because of a conflict. The Interim City Attorney stated if Weiss,
Scrota, Helfman, Pastorza, Cole and Boniske submit a competitive solicitation then
Deputy Vice Mayor Jarjura's statement is correct. Deputy Vice Mayor stated with regard
to Ms. Morrison's comments that the Solid Waste Authority (SWA) provides these
services for free and asked if this option has been explores. In response, the Interim City
Attorney stated the City has obtained a copy of the SWA's latest franchise agreement that
was drafted last year. The Interim City Attorney stated that is something that could be
handled in-house if that is the desire of the Commission. The Interim City Attorney
stated is also willing to work on this as well and the City could utilize those documents,
go outside with an attorney, or go outside with a consultant; all those options are
available to the Commission. For the benefit of the public, Deputy Vice Mayor Jarjura
stated given that this package is a potentially a $65 million given all the issues that the
City has had in terms of procurement the Commission felt it was important for the City to
get it right with this bid package. She stated with a contract of this size and importance
given what had occurred in the past, the Commission did not feel that it was something
that they could risk having done improperly again so that is why the Commission was
looking for outside sources. Deputy Vice Mayor stated she does not feel it is ready to be
on the agenda tonight and is not comfortable with moving forward given the two (2)
communications she received from the Interim City Attorney over the past two (2) days.
Vice Mayor Petrolia stated she concurs with comments expressed by
Deputy Vice Mayor Jarjura and feels the City Commission has not fully vetted this
entirely. Vice Mayor Petrolia stated the Interim City Attorney mentioned 3 or 4 names
outside of the attorney firm that is here representing the City up to this point and she feels
it would be important for the Commission to look at it. Vice Mayor Petrolia stated the
Solid Waste Authority (SWA) template is almost used by people even out-of-state and
asked how much more work is involved than using that. She stated the City would have
to tweak it to some of the things that we have here locally (i.e. bus shelter pick up) and
things that are different for our city and possibly adding some additional refuse pick up if
the City decides to go down the path of a heavier recycling program. Vice Mayor
Petrolia asked if this is something a consultant can handle or does the City need an
attorney firm doing this. The Interim City Attorney stated the parameters would need to
be set the City Commission.
Vice Mayor Petrolia asked the Interim City Attorney how many hours it
will take to do something like this because there are no caps in this. The Interim City
Attorney stated staff can put a cap with regard to hours and believes with the drafting of
procurement documents she knows that most outside entities whether it be consultant or
attorneys will want to meet with the City Commission and also City staff which could
take some time. Vice Mayor Petrolia stated this is time sensitive and knows the City has
to get it right.
Mr. Jacquet thanked Jamie and his team for helping the City on this. Mr.
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Jacquet asked what parameters does the City Commission want to set and if the City
wishes to hire Weiss, Scrota, Helfman, Pastoriza, Cole and Boniske to prepare the
procurement documents to do this short term then he is all for it. Mr. Jacquet stated the
concern comes if the City Commission wants them to start from the beginning and go all
the way to the end and if the City gets into the speculation of a potential conflict then he
is more skeptical going forward with the law firm.
Deputy Vice Mayor Jarjura stated it is very disappointing to her that the
City Commission has to have this discussion and that the City Manager does not feel that
he is able to manage this process in-house. She stated if the City Commission goes with
Mr. Jacquet's first option that the Commission just have Weisss, Serota, Helfman,
Pastoriza, Cole and Boniske draft how does the City avoid all the issues that we have had
time and time again in the past year alone on procurement and bidding issues. Also,
Deputy Vice Mayor Jarjura asked how the City ensures that it is not going to open itself
up to future litigation and bid protest because we did not do it right. She asked the City
Manager if he has the faith in the Department Heads and staff to handle it if the City
Commission has Weiss, Scrota, Helfman, Pastoriza, Cole and Boniske draft the RFP or
does he not feel the City is capable of doing that. The City Manager stated this is a very
complicated issue and whether this ends up being a law firm or a consultant the best way
to go is from start to finish.
In his opinion, Mayor Glickstein stated litigation would not be part of the
criteria on selecting who is guiding the City through the process and noted they can
always select a litigator. Mayor Glickstein stated the process is the integrity of the
documents that go out on the street and it is the integrity of the process once the bidding
starts and the City carries that through a selection. He stated the City was very lucky to
have the law firm at the time that they did and feels without the opinion letter the City
Commission would not be here this evening discussing options because before the
opinion letter the only option the City had was a contract in perpetuity. Mayor Glickstein
stated the notion that there would be any potential conflict is disconcerting for him. He
stated with regard to the Interim City Attorney's comment that there is risk involved in
having Weiss, Serota, represent the City in this process Mayor Glickstein stated the
Purchasing Department should not be involved in given the history of what the
Commission has seen in far less complex RFP's and bidding processes. Mayor
Glickstein stated he is not prepared to make a selection tonight in terms of who is going
to be doing it. Mayor Glickstein stated the opportunity the Commission is presented with
is to define the scope of work that best suits the City today. Mayor Glickstein asked staff
to research between now and next Tuesday any means and methods available and come
back to this Commission with a very short list of recommendations of consultants and
attorneys.
Deputy Vice Mayor Jarjura asked the Interim City Attorney's assessment
to reach out to the individuals she is looking to recommend that they put an estimate of
fees from drafting to taking it to award.
Mayor Glickstein stated any type of conflict is an acute issue for the City
Commission right now and thanked Jamie for shepherding the City Commission through
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the process in getting them to this point. Mayor Glickstein stated Broward County is so
far ahead of Palm Beach County in terms of how they are handling recycling and he is
looking for somebody outside of this area for that reason because he wants that
knowledge, expertise, and creative ideas on how Delray Beach can better the service
from what we had.
It was the consensus of the City Commission to bring this item back as a
special item at the Workshop meeting of May 13, 2014.
9.C. DISCUSSION OF PROPOSED CHARTER
AMENDMENT/REFERENDUM: Consider Commission discussion of a proposed
change to Delray Beach Charter, Article IV, Section 4.02(B); and possible municipal
referendum to be placed on the August 26, 2014 Primary Election ballot.
The Interim City Attorney stated this item is before the Commission as a
result of a discussion at the April 16, 2014 regular meeting. The City Commission
requested that this item be placed on tonight's agenda. The Interim City Attorney stated
to the extent that the City Commission decides that they would like to go forward with
this in order to comply with time deadlines for the August ballot a proposed ordinance
will need to be placed on May 20, 2014 City Commission agenda. The Interim City
Attorney stated the first reading/first public hearing will take place May 20, 2014 and the
second reading/second public hearing will take place on June 3, 2014 and then there
would be a resolution calling for a Special Election which will also be placed on the May
20, 2014 City Commission agenda and a proclamation calling for an election would be
placed on the June 17, 2014 City Commission agenda because the deadline to submit
items for that August Election to the Supervisor of Elections is June 20, 2014. The
Interim City Attorney stated staff also attached timeline requirements and staff did a
survey of other municipalities in South Florida and their requirements with regards to
employment, termination of the City Manager, and other senior positions. The Interim
City Attorney stated the cost for participation in this Special Election would be $2,500.
Vice Mayor Petrolia stated she supports this and explained that she looked
at the municipal survey approximately 30 towns that have their managerial positions as to
whether or not they are hired under a super majority and fired under a super majority or
just a regular majority. Vice Mayor Petrolia stated she only found three (3) other
municipalities that had super majority with both the hiring and the firing of the City
Manager. She stated the one initiative that was left off the ballot is troubling to her and
she believes it is important that the people vote to make the decision whether or not to
vote for it or against it. Vice Mayor Petrolia stated this should not be delayed any longer
and she feels it should have been on the original ballot.
Deputy Vice Mayor Jarjura commended staff for preparing the backup for
this item because she found it very informative and educational in terms of showing how
different we are versus other cities. She stated it is odd that Delray Beach would have a
normal majority for hiring but a super majority for termination. Deputy Vice Mayor
Jarjura stated it should be either both a super majority but not to have one or the other.
She stated the conversation that Mr. Warner raised that the City Commission is hiding its
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i
true intentions and she plans to speak on that issue when it is appropriate during City
Commission comments regarding the City Manager and her evaluation of his
performance. Deputy Vice Mayor Jarjura stated this is separate from that and it does not
make sense from a business perspective standpoint and the City Commission is asking
whether or not they agree with their position.
Mr. Jacquet stated this was brought up about two (2) years ago as part of a
Charter Review Committee and at that time the Commission (which he was a part of)
decided not to take this particular item and add it on the ballot. He stated the discussions
that day were centered on the continuity/stability of the city. Mr. Jacquet stated someone
mentioned that back in the late 1980's early 1990's there was a high turnover for City
Managers and when there is a simple three vote majority that creates the high turnover
because every election the balance changes. For example, Mr. Jacquet stated in 2013
new people got elected so different priorities took place. Mr. Jacquet stated that means
that every election cycle there is the possibility of having some kind of shift or change
that could change the simple majority. He stated when it was brought up to him it made
sense to him because when you think of firing your Chief Operating Officer by a simple
three (3) majority vote which can be very political it breeds instability. Mr. Jacquet
stated the simple majority makes sense when you do not have coalitions and it does not
make sense when you have coalitions because it is easier to fire a City Manager or hire a
City Manager based on just having three (3) people on the dais. Mr. Jacquet stated he
stands by his prior decision and his position. Mr. Jacquet stated he does not support
placing this on the August ballot. He suggested that if the Commission wants to do this
(which he disagrees with)then he suggested that this be placed on the March ballot when
everyone is used to dealing with Delray Beach issues.
Mayor Glickstein stated there was a derogatory comment that this was
somehow authored by former Mayor Tom Lynch while the idea was authored by former
Mayor Tom Lynch when in fact as Mr. Jacquet mentioned the Charter Review
Committee put in place by the prior Commission approximately 18 months ago
recommended the exact Charter change that the Commission is seeking today. Mayor
Glickstein stated that Charter Review Committee had several recommendations all of
those were adopted approved by the Commission at that time and approved by the voters
this being the only exception to that. Mayor Glickstein stated he views everything in
context and stated some people will make this about the current City Manager and in the
context of today it is reasonable to make that connection. However, Mayor Glickstein
stated this is about accountability and in public service there is a huge sense of urgency
attached to that. He stated not one city uses the rule that we have because in current
context it is antiquated from a managerial standpoint in term of how the best colleges and
business schools teach best managerial practices in this country. Mayor Glickstein stated
it is antiquated in term of accountability when you have a higher standard for your City
Manager than you do for your elected officials. He stated not one of the 30
municipalities has a super majority for termination that does not also have a super
majority for hiring and of those there was only two or three. Mayor Glickstein stated in
terms of corporate governance there is not one Fortune 500 company in this country that
has anything other than a super majority to hire its Chief Executive Officers. He stated
those Boards of Directors are not elected every three (3) years like they are now they are
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elected every year by the shareholders of that company. Mayor Glickstein stated in terms
of politicizing those types of appointments he looks to the model of corporate governance
where there is no better example of accountability. Furthermore, Mayor Glickstein stated
if you have accountability then stability is a consequence of accountability. Mayor
Glickstein stated he spoke to the Supervisor of Elections regarding this and noted there
are significant issues on the August ballot that will impact Palm Beach County residents
in a very significant way two of those are a County referendum that is going to determine
whether or not the Children's Services Council which every Delray Beach taxpayer pays
on their tax bill is going to be on the ballot as to whether or not they can continue. In
addition, Mayor Glickstein stated the Palm Beach County School Board is entertaining a
half cent increase in sales tax to fund school construction. Mayor Glickstein stated the
percentage of voters in the August Election is greater than the turnout for the March
Election and he fully supports this.
Mr. Jacquet inquired about what is required to change the Election of City
Commissioners to August.
Mayor Glickstein stated you afford the City residents the opportunity to
vote regardless of when it is because that is a better test of what is better policy than the
five (5) Commission members voting regardless of the turnout because there are going to
be more than five (5) voters. He stated the voters whether they are voting in August,
November, or March are not voting to change the rules by which they are elected; the
voters are not voting to determine whether a super majority of residents are needed to
change the Election outcome. Mayor Glickstein stated the reason for the sense of
urgency is the accountability that is required in this Office and he is not willing to wait
until November or March to accomplish this. He stated the fact that you have a super
majority does not necessarily insure that the process is not going to be politicized but it
makes it more difficult to make a change. Mayor Glickstein stated he believes that is
poor policy.
Vice Mayor Petrolia moved to give the Interim City Attorney direction to
draft an ordinance in order to move forward on the Charter Amendment for the August
referendum, seconded by Vice Mayor Jarjura. Upon roll call the Commission voted as
follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor
Petrolia — Yes; Mr. Jacquet — No. Said motion passed with a 3 to I vote, Mr. Jacquet
dissenting.
9.D. AMENDMENT NO. 1 TO THE LICENSE AGREEMENT/BRIGHT
HORIZONS INVESTMENT CORPORATION d/b/a 32 EAST RESTAURANT:
Consider approval of Amendment No. 1 to the License Agreement with Bright Horizons
Investment Corporation dlb/a 32 East Restaurant to modify the terms of the agreement
from one (1) year to three (3) years, regarding the restaurant's balcony encroachment into
the City-owned public right-of-way.
The Interim City Attorney stated this is a license agreement between the
City of Delray Beach and 32 East dealing with the balcony that encroaches into the City
owned public right-of-way over the sidewalk touching Atlantic Avenue where 32 East
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restaurant is located. The agreement was entered into last year and it provided for annual
renewals by the City Manager and a fee of$5,000 per year. The Interim City Attorney
stated they changed their $5,000 fee; however, they have not officially requested their
one-year renewal because they would like to have this renewed for a period of three (3)
years.
Vice Mayor Jarjura moved to approve Amendment No. 1 to the License
Agreement with Bright Horizons Investment Corporation d/b/a 32 East to modify the
terms of the agreement from one (1) year to three (3) years, seconded by Deputy Vice
Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein —
Yes; Vice Mayor Petrolia— Yes; Mr. Jacquet— Yes; Deputy Vice Mayor Jarjura— Yes.
Said motion passed with a 4 to 0 vote.
Vice Mayor Petrolia requested to move Item 9.I. before Item 9.E.
Y q
Vice Mayor Jarjura moved to approve to move Item 9.1. before Item 9.E.
on the agenda, seconded by Deputy Vice Mayor Petrolia. Upon roll call the Commission
voted as follows: Deputy Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Vice Mayor
Jar ura—Yes; Mayor Glickstein—Yes. Said motion passed with a 4 to 0 vote.
99I. NOMINATION FOR APPOINTMENT TO THE DELRAY BEACH
HOUSING AUTHORITY BOARD: Nominate one (1)regular member for appointment
to the Delray Beach Housing Authority to serve a four year term ending March 6, 2018.
Based upon the rotation system, the nomination/recommendation for appointment will be
made by Commissioner Frankel (Seat#3).
Brief discussion between the Interim City Attorney and the City
Commission followed.
Vice Mayor Jarjura suggested to amend the rules going forward to clarify
and put the absence with the deferral because as it reads now it is two separate issues; the
deferral is one issue and the absence is another and it is not tied together. Vice Mayor
Jarjura recommended that this rule be cleaned up so that it matches the interpretation.
The Interim City Attorney stated she concurs with Vice Mayor Joura that this is not
clear and tonight in fairness to the fact that it is not clear that a courtesy be given to
Commissioner Frankel.
Deputy Vice Mayor Petrolia requested that this be added to the Workshop
meeting as a special item.
Mr. Jacquet asked the City Clerk to ensure that the local rules are available
on the dais from now on.
After brief discussion, Mr. Frankel's appointment has been deferred to the
next regular meeting of May 13, 2014.
At this point, the time being 9:26 p.m., the Commission moved to Item
9.E. of the agenda.
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9.E. BID AWARD/FERGUSON ENTERPRISES, INC.: Consider approval
of a bid award to Ferguson Enterprises, Inc., the second lowest responsive bidder, in the
amount of $63,250.00 for Standard Automatic Flushing System (Bid No. 2014-26)
purchase of piping materials, fittings, valves and other miscellaneous appurtenances by
various divisions in the Environmental Services Department. This recommendation is in
compliance with Ordinance No. 29-13, Section. 36.03(B), "Acquisitions of Goods and
Services: City Commission Approval, Multiple Acquisitions from a Vendor exceeding
$25,000.00 in any Fiscal Year". Funding is available is from 442-5178-536-64.90 (Water
and Sewer Renewal and Replacement Fund: Machinery/Equipment/ Other
Machinery/Equipment.
Randal Krejcarek, Director of Public Utilities, stated this item is a bid
award to Ferguson Enterprises, Inc. who is the second lowest bidder for flushers. Mr.
Krejcarek stated the Commission approved the first part of this (the installation); this is
the actual purchase of the flushers. He stated the City will be receiving a grant in the
amount of$25,000 back from South Florida Water Management District (SFWMD) once
the City completes the installation of these flushers. Mr. Krejcarek stated the low bidder
did not provide references and made a note that once the City provides them the contract
they would provide the references. Mr. Krejcarek stated staff deemed that as non-
responsive and therefore staff is requesting to award the bid to the second low bidder.
Vice Mayor Petrolia stated for the record whether or not this was
something that was necessary and was it actually did and do other cities utilize these
flushers and staff indicated that other cities do use them because we have areas where
stagnate water is present and needs to have the water flushed through in order to be able
to increase the quality of the water so this is something that is necessary.
Vice Mayor Petrolia moved to approve the bid award the bid to Ferguson
Enterprises, Inc. (second lowest bidder), seconded by Deputy Vice Mayor Jarjura. Upon
roll call the Commission voted as follows: Mr. Jacquet — Yes; Deputy Vice Mayor
Jarjura— Yes; Mayor Glickstein Yes; Vice Mayor Petrolia— Yes. Said motion passed
with a 4 to 0 vote.
At this point, Deputy Vice Mayor Jadura stepped away from the dais.
9.F. PURCHASE AWARD/H.D. SUPPLY WATERWORKS/FERGUSON
ENTERPRISES, INC.: Consider approval of a purchase award to H.D. Supply
Waterworks and Ferguson Enterprises, Inc. in an amount not to exceed $360,000.00; for
the purchase of piping materials, fittings, valves and other miscellaneous appurtenances,
by various divisions in the Environmental Services Department; in the current fiscal year.
j This recommendation is in compliance with Ordinance No.
29-13, Section 36.03(B), "Acquisitions of Goods and Services: City Commission
Approval, Multiple Acquisitions from a Vendor Exceeding $25,000.00 in any Fiscal
Year". Funding is available from multiple Environmental Services Department funding
sources.
Randal Krejcarek, Director of Environmental Services, stated this
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purchase award is before the Commission because the City has made multiple purchases
from both H.D. Waterworks and Ferguson. Enterprises, Inc. for different utility fittings,
pipes, etc. Mr. Krejcarek stated these were purchased in two different ways; one is
through the in-house warehouse and there are capital projects that are completed by the
in-house staff and those projects staff gets quotes on or bids and then they come before
the Commission for approval. However, Mr. Krejcarek stated because of the aggregate
of the bids, the individuals are before the Commission tonight to continue purchasing
from these two companies.
Vice Mayor Petrolia moved to approve the Purchase Award to H.D.
Supply Waterworks and Ferguson Enterprises, Inc., seconded by Mr. Jacquet. Upon roll
call the Commission voted as follows: Mayor Glickstein— Yes; Vice Mayor Petrolia—
Yes; Mr. Jacquet—Yes. Said motion passed with a 3 to 0 vote.
9.G. PURCHASE AWARD/GOODYEAR TIRE AND RUBBER
COMPANY: Consider approval of a purchase award to Goodyear Tire and Rubber
Company in the amount of$200,000.00 for auto and truck tires, and repairs for City of
Delray Beach vehicles, to multiple vendors who are authorized dealers for Goodyear Tire
and Rubber. Purchases are at government pricing according to the current State of
Florida contract 9563-000-10-1, which expires February 27, 2015. This recommendation
is in compliance with Ordinance No. 29-13, "Acquisition of Goods and Services: Section
36.02(C)(7)(a), "Methods of Acquisition: Direct Acquisition Method, Utilization of Other
Governmental Entities' Contract, non-real property". Funding is available from 501-
3311-591.52-50 (Garage Fund: Operating Supplies, External Parts), and 501-3311-
591.52-52 (Garage Fund: Operating Supplies, C.G. - Outside Services).
Randal Krejcarek, Director of Environmental Services, stated this
purchase award is for tires and the City is piggybacking off the State government
contract. Mr. Krejcarek stated all the State contracts are handled via the website. Staff
recommends approval.
Vice Mayor Petrolia moved to approve the Purchase Award to Goodyear
Tire and Rubber Company, seconded by Mr. Jacquet. Upon roll call the Commission
voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet —
Yes. Said motion passed with a 3 to 0 vote.
At this point, Deputy Vice Mayor Jarjura returned to the dais.
9.H. PURCHASE AWARD/THE DUMONT COMPANY: Consider
approval of a purchase award to The Dumont Company in an amount not to exceed
$156,000.00 for the purchase and delivery of sodium hypochlorite for remote stations
within the water distribution system. Staff estimates the annual unit cost of sodium
hypochlorite to these remote stations to be $52,000.00 per year. The contract term is three
years, with the option to renew for two additional one year periods. This
recommendation is in compliance with Ordinance No. 29-13, Section. 36.02 (A)(1),
"Acquisition of Goods and Services: Methods of Acquisition, Sealed Competitive
Method, Competitive Bids". Funding is available from 441-5123-536-52.21 (Water and
Sewer Fund: Operating Supplies/Chemicals).
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Randal Krejcarek, Director of Public Utilities, stated this is a purchase
award for Sodium Hypochlorite for the City's Water Treatment PIant which the City uses
annually. Mr. Krejcarek stated the City received two (2) bids on this and the City is
going to the second low bidder because the references provided were only one entity. He
stated what they supply for Broward County is just at the water wells and they do not
provide the quantity the City is asking for. Therefore, Mr. Krejcarek stated the City is
selecting the second low bidder because staff wants to make sure the City gets the
product when we need it and we get a quality product.
Vice Mayor. Petrolia moved to approve the Purchase Award with Dumont
Company, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission
voted as follows: Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Deputy Vice Mayor
Jarjura---Yes; Mayor Glickstein—Yes. Said motion passed with a 4 to 0 vote.
9.J. NOMINATION FOR APPOINTMENT TO THE GREEN
IMPLEMENTATION ADVANCEMENT BOARD: Nominate one (1) alternate
member for appointment to the Green Implementation Advance Board to serve an
unexpired term ending July 31, 2015. Based on the rotation system, the nomination for
appointment will be made by Commissioner Frankel (Seat#3).
Due to his absence, Mr. Frankel's appointment has been deferred to the
next City Commission meeting of May 20, 2014.
At this point,the Commission moved to Item 11, First Readings.
11. FIRST READINGS:
11.A. ORDINANCE NO. 13-14: Consider approval to amend Chapter 118,
"Solicitors and Peddlers and Distribution of Handbills", Section 118.01 "Definitions" to
include definitions for panhandling and aggressive panhandling; Section 118.03
"Prohibited Acts Regarding Soliciting and Peddling", in order to designate prohibited
areas for panhandling and to prohibit aggressive panhandling city-wide. If passed, a
public hearing will be held on May 20, 2014.
The caption of Ordinance No. 13-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 118, "SOLICITORS AND
PEDDLERS AND DISTRIBUTION OF HANDBILLS",
SECTION 118.01 "DEFINITIONS" TO INCLUDE
DEFINITIONS FOR PANHANDLING AND
AGGRESSIVE PANHANDLING; SECTION 118.03
"PROHIBITED ACTS REGARDING SOLICITING AND
PEDDLING" IN ORDER TO DESIGNATE
PROHIBITED AREAS FOR PANHANDLING AND TO
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PROHIBIT AGGRESSIVE PANHANDLING CITY-
WIDE; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 13-14 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Deputy Vice Mayor Jarjura briefly reviewed the following changes to
Section 118.01 (Definitions) for the record: (1 Subsection (a) should read: "Aggressive
panhandling or solicitation means any of the following:", (2) Subsection (d) Panhandling
means any of the following, and (3) in paragraph(1)the"and" was removed and replaced
with "or", (4) Subsection (c)(3) area within fifteen (15'), in any direction, of a sidewalk
cafe or outdoor dining area;, and (4) Subsection (c)(4) — that there be commas placed
after the word parking lot, and parking garage. The Interim City Attorney stated staff
will make these changes prior to the public hearing and will provide the Commission
with regards to an analysis of development case law before the Public Hearing.
Mr. Jacquet inquired if the changes to the ordinance are scrivener's
changes or are they substantive changes. Deputy Vice Mayor Jarjura stated these
changes are substantive with the exception of the last change.
It was the consensus of the City Commission that they agree with all the
changes that Deputy Vice Mayor Jarjura pointed out.
Vice Mayor Petrolia moved to approve Ordinance No. 13-14 on FIRST
Reading, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted
as follows: Mr. Jacquet — Yes; Deputy Vice Mayor Jarjura— Yes; Mayor Glickstein —
Yes; Vice Mayor Petrolia Yes. Said motion passed with a 4 to 0 vote.
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
12.A. City Manamer
The City Manager recommended that the City Commission have a Special
Workshop meeting on Thursday, June 12, 2014 to consider the Fire-Rescue
Consolidation issue. The City Manager stated there are other agenda items scheduled for
the Workshop meeting and this issue is very lengthy and complicated so staff requests
that it be a single subject issue.
Secondly, the City Manager stated the City Commission received an email
from Dot Bast about the potential for scheduling City Attorney interviews. The City
Manager stated staff will suggest some other dates after June 1St and noted it will take two
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(2) days. Also, the City Manager stated he made an offer subject to background check to
Dana Little for the Planning and Zoning Director position and the final background check
will be completed by the end of this week.
With regard to the City Attorney position, Deputy Vice Mayor Jarjura
asked the City Manager if he is going to advise the applicants because there has been no
contact since January. In response, the City Manager stated staff will go back and poll
the candidates to make sure that they are still available and he will provide the City
Commission with the short list of who is on that list.
I
12.B. City Attorney
I
The Interim City Attorney stated she sent an email to the City Commission
with regard to the Sober House Legislation that did not pass. She asked the City
Commission if they would like to discuss at a future meeting the possibility of a State
Lobbyist with regard to that issue.
Secondly, the Interim City Attorney stated she received the Palm Beach
County Code of Ethics pocket guide from the Director of the Ethics Commission and she
will be handing this out to all boards including the City Commission.
Mayor Glickstein stated he prefers to not address the State Lobbyist this
evening. He requested in an update regarding the Federal Lobbyist.
The Interim City Attorney stated recently Congresswoman Lois Frankel at
the Y
request of the City's Federal Lobbyist Omar Franco did meet with most of the Civil
q Y
Rights Division of the Department of Justice and it is her understanding that the meeting
went well. The Interim City Attorney stated they are going to schedule a visit with those
same people from the Department of Justice to come to see us and she will keep the
Commission updated as soon as she hears anything further on that.
12.C. City Commission
12.C.1. Deputy Vice Mayor Jariura
Deputy Vice Mayor Jarjura requested an update on the recommended
revisions to the LDRs and asked when the City Commission expects these revisions. The
City Manager stated he will follow up on this and inform the City Commission when
staff plans on providing that.
Secondly, Deputy Vice Mayor Jarjura stated she asked the City Manager
for a memo on how the City would implement a local small business program and also
requested that the City Manager participate in the County's Disparity Study because they
are putting out an RFP and the City of Delray Beach has to elect to be included in that if
they would like to be part of that study which is the prerequisite to get a minority women
owned business program here in the city.
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Deputy Vice Mayor Jarjura stated the Commission received an email that
statements have been made that the City has approved construction of a second parking
garage. Deputy Vice Mayor Jarjura stated the City Manager stated that statement is not
correct and that the City Commission had not approved a second parking garage. Deputy
Vice Mayor Jarjura stated she wanted to clear up that misconception. Deputy Vice
Mayor Jar ura stated before looking at building and constructing another parking garage
without doing an economic feasibility study and without having a parking management
plan which would include enforcement that she would not be in support of building
another parking garage without knowing the City's demand and supply and whether or
not it was a revenue generating infrastructure. In addition to enforcement, Deputy Vice
Mayor Jarjura stated she would like to see Master Plan and Code amendments to
encourage non-vehicular uses, complete streets, electric cars, multi-modal transportation
at the Old School Square Parking Garage where the city would have electric cars and
trolleys bringing people from the western side and dropping them off to the parking
garage and bringing them to the beach and throughout the city.
With regard to charging for the trolley, Deputy Vice Mayor Jarjura stated
the City has the resident card and that is one way of handling the trolley. She would like
the trolley to be the benefit for the City residents that if you have a resident card then you
do not have to pay to ride the trolley. Deputy Vice Mayor Jarjura asked staff to obtain
some background information on suggestion.
Lastly, Deputy Vice Mayor Jarjura stated she read the Office of Inspector
General (OIG) Report and in her opinion the most offensive part of this is either by the
City Manager's statements either there are Department Heads and City staff members
that made multiple mis-representations and they are lying, or three staff members say the
City Manager is lying. Deputy Vice Mayor Jarjura stated when made aware of the
situation the City Manager made mis-representations to his bosses (the City Commission)
and if it is the City Manager's position that his subordinates made misrepresentations to
him, then why was nothing done in terms of disciplining them. Deputy Vice Mayor
Jarjura stated she has concerns that the City Manager not only lied to the City
Commissioners but he lied to an investigating governing agency. In addition, Deputy
Vice Mayor Jarjura stated Auburn Trace was very upsetting to her and the fact that he
said on the record that he"caved" even though he did not think it should be on the agenda
and now this with the OIG, she feels these are grounds for termination and is extremely
disappointed in the City Manager.
12.C.2. Mr. Jacquet
Mr. Jacquet stated this past Saturday he had the opportunity to speak to the
Urban League National Achievers Society which is a group of students that are selected
based on their grades, academic performance, and their extracurricular activities. He
stated most of these kids are Bak School of the Arts students and IB (International
Baccalaureate) students. Mr. Jacquet stated he was the keynote speaker at St. Matthew's
Episcopal Church and it was great to welcome them to Delray Beach.
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Secondly, Mr. Jacquet stated he had the opportunity to go to Orchard
View Elementary School where he worked with a community servant referred to as "big
mama". Mr. Jacquet stated she came to the city and helped give out over 300 turkeys to
families in need. Mr. Jacquet stated she contacted him yesterday and noted that she has
roses for Mother's Day that she wants to give to certain students to take home to their
mothers. He stated they went to Orchard View Elementary School because of their
demographics and it is a school most in need and she delivered approximately 300 roses
that will be given out to the 4a' and P graders so they can take home to their mothers.
Mr. Jacquet commended the City Manager for hiring Suzanne Davis,
Director of the Parks and Recreation Department.
Mr. Jacquet congratulated Chevelle Nubin, City Clerk, for doing a
phenomenal job serving the City of Delray Beach.
Mr. Jacquet stated the trolley issue was brought up by Carol Anderson and
Jim Smith (S.A.F.E.) and Linda Prior and he has had a problem with charging for the
trolley since the first time it was brought up. Mr. Jacquet stated had it been presented as
a fiscal concern from an economist viewpoint he may have supported it but feels it is
discrimination against the homeless by trying to charge money in in order to keep those
people off the bus. He stated he will never agree to charge for the trolleys. However,
Mr. Jacquet stated he does support more golf carts, bicycling, electric cars but feels if the
City is going to keep the trolley then it should be free.
Mr. Jacquet stated on April 26, 2014 the Black Elected Officials (BEO) of
Palm Beach County met at the Community Center and it was a wonderful meeting. Mr.
Jacquet stated a lot of the youth were there having basketball practice and two
Commission members (one from West Palm Beach and one from Riviera Beach) who
observed the basketball players complimented their appearance and their respectfulness.
Mr. Jacquet stated Commissioner Cedrick Thomas from Riviera Beach spoke to the
coach to ask what they are doing in the City of Delray Beach with the youth programs
and in the Parks and Recreation Department because he was so impressed by the
appearance of the players. Mr. Jacquet gave kudos to the Parks and Recreation
Department and to the coaches.
Lastly, Mr. Jacquet congratulated the Atlantic Community High School
Robotics Team.
12.C.3. Vice Mayor Petrolia
Vice Mayor Petrolia commented about the findings from the OIG Report
and stated she is very disappointed in the City Manager because the trust that she had for
the City Manager was broken. Vice Mayor Petrolia stated it was not just one time that
she was not given the correct information it was over and over again including emails
from the City Manager who let her know that he had no idea of the garbage carts being
on order or even being here. Vice Mayor Petrolia suggested that this be discussed at the
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next meeting because as a Commissioner one of the most important things that she needs
to feel is trust in those that are providing information for her otherwise she cannot do
what she needs to do for the public and that is her responsibility. She stated this is not an
issue of black and white but this is an issue about trust and being able to be a
Commissioner that can make the right decisions for this town based on information that is
being brought to her. She stated as horrible as the meeting was on March 18, 2014 it is
even more disappointing to her to sit on the dais and feel as though she cannot trust the
person she needs to put her trust into which is the City Manager. Vice Mayor Petrolia
reiterated that the OIG Report be placed on an agenda (where the Commission can make
decisions) so the City Commission can make sure that it is transparent to the public what
occurred, how it occurred, and why there is a breach of trust.
Vice Mayor Petrolia stated she would like to have discussion about
improving the appearance of the beach on an upcoming Workshop meeting (not
necessarily in May). Vice Mayor Petrolia stated she saw some pictures online this
weekend from Pompano Beach where their boardwalk was spectacular. She suggested
that it would be great to start thinking about what we can do in order to spruce up the
look of the beach area since it is one of the City's largest assets. Vice Mayor Petrolia
stated she understands the City does not have it in the budget now; however, she feels if
the City starts planning now, by the time the City does have it in the budget the City will
know what they are dealing with and where they want to go with it.
Vice Mayor Petrolia stated it has been brought to her attention that after
hours or early in the morning downtown the sidewalks are looking grimy. She stated
with having these large festivals where 300,000 people are walking around it adds to the
grime. Vice Mayor Petrolia emphasized that she is not saying that the City did not have a
beautiful cleanup because we did but she is talking about the sidewalks and the grime that
builds up on it.
Vice Mayor Petrolia stated there is a City Attorney review coming up and
suggested that the Performance Evaluation form be available online to make it easy for
the City Commission. In addition, Vice Mayor Petrolia stated she did not know where to
send it after she filled it out and noted these are procedural things that should be written.
Lastly, Vice Mayor Petrolia thanked everyone who was involved in the
Delray Affair. She stated it was a great success and the event brought hundreds of
thousands of people into the area. Vice Mayor Petrolia stated simultaneous to the Delray
Affair the City also hosted the U.S. Leg of the Lime June Tennis Cup presented by the
Venetian in Las Vegas and a group of top ranked ladies across the United States came out
to play to win a spot fully paid to represent the United States in Paris. Vice Mayor
Petrolia stated it was a privilege and honor for her to be asked to present one of the
awards and to be in the awards ceremony. She stated the Delray Affair provided a great
backdrop to the tournament.
Deputy Vice Mayor Jarjura stated she received Commissioner Petrolia's
email regarding the Interim City Attorney and she was told by the Human Resources
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Director that the evaluation for the Interim City Attorney was October 1, 2014 and the
City Manager was for April 1, 2014. Deputy Vice Mayor Jarjura stated she followed up
with the Interim City Attorney and she advised that the rules had changed and the
evaluations would be discussed on May 20, 2014.
Vice Mayor Petrolia stated she sent out an email that she did not feel it
was appropriate for the City Commission to be evaluating the City Attorney at this time
especially as Interim City Attorney and also the fact that the City is going through the
process of hiring a City Attorney.
It was the consensus of the City Commission that there is no need to
evaluate the Interim City Attorney.
12.C.4. Mayor Glickstein
Mayor Glickstein stated he too was distracted the OIG Report and there is
a majority of the community that has not had the opportunity to digest the conclusions in
that report and he will be speaking further with the Inspector General and the
investigating staff there about the report. He stated the allegations in the report are so
incredible that he has not been able to get his head around it in terms of how to deal with
this in a way that is appropriate. Mayor Glickstein stated the Commission is going to
discuss this OIG Report as a Special meeting item at the May 13, 2014 Workshop
meeting. He stated the reliance on the City Manager is everything much like it is in any
other large institution. Mayor Glickstein stated the City Commission was misled and
when the City Manager is speaking to each Commission member he is really speaking to
the public. In his opinion, Mayor Glickstein stated the public needs to digest that as well.
Secondly, Mayor Glickstein stated the George Bush Bridge opens at will,
the Linton Bridge opens on the half hour, and the Atlantic Avenue Bridge opens on the
quarter and three-quarter hours. . Mayor Glickstein requested that staff contact the
appropriate authorities to see if George Bush can also mirror that of Linton Boulevard
and open on the half hour and hour.
Mayor Glickstein stated someone sent him the job posting for the City
Attorney position in West Palm Beach and he distributed a copy to the Commission and
noted it is in stark contrast to the City of Delray Beach's postings. He stated the City of
West Palm Beach uses interesting photos of the city, a brief summary of the city and
community history, descriptions about the city government, the subject department and
the specific position with a concise description of their "ideal" candidate. Mayor
Glickstein stated a job posting is we are marketing our city to attract the best possible
candidate.
With regard to the budget cycle, Mayor Glickstein stated the City's public
tennis center operates at approximately a $330,000 annual loss. He stated the tennis
stadium which sits largely unused for much of the year and is not open for public use
costs the City $1.8 million per year or $2.3 million if you include the Community
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Redevelopment Agency (CRA) annual contribution of $535,000. Mayor Glickstein
stated this significant deficit, unless something changes, will hinder the City's finances
for the next 20 plus years as a result of a 30 year obligation to host various tennis
tournaments. Mayor Glickstein stated one of the stated goals of the Commission (before
Deputy Vice Mayor Jarjura was elected) was to fix this recurring black hole. Mayor
Glickstein stated he would like to issue parallel RFP's to either sell or lease the facility to
an owner/operator that can redevelop the property as a multi-use facility that will serve a
far larger part of this community than celebrity tennis tournaments and get the City out of
this 30 year obligation. He stated he would like to see the City examine how best to turn
this significant liability into a more productive facility for all parts of this community.
Mayor Glickstein stated he has talked to Chief Financial Officer Jack Warner, Assistant
City Manager Barcinski, and Interim City Attorney regarding professionals to guide the
City through crafting an RFP which should have city-wide input to attract capable
owner/operators. Mayor Glickstein stated every day the tennis stadium languishes and
sits unused it costs the City more to operate and maintain and it will cost next to nothing
to determine what options the City has. He stated the Commission just received the
binder of the 2013 goals nearly five (5)months into 2014.
Mayor Glickstein stated the Spady Museum has been operating on a
shoestring budget for a long time. Mayor Glickstein stated he would like to see the
Finance staff figure out ways to pick up some of their operating expenses for things that
the city is doing already at City facilities (i.e. mowing the lawn, air conditioning
contract). He stated the Spady Museum is a cultural amenity and feels the City needs to
support these cultural amenities.
Mayor Glickstein requested that the Parks and Recreation Director meet
with the Seacrest Soccer Complex people and Plumosa School because there is a
recurring problem on weekends with this parking lot being closed. He stated kids and
parents show up for soccer games with no place to park and have to park on Seacrest
Boulevard while hundreds of parking spaces are fenced and empty. Mayor Glickstein
stated that was part of a public/private partnership that put that facility there.
Mayor Glickstein stated despite the OIG's Report and despite the Waste
Management issue a common thread running through many of the problems that have
created tension between Commissioners and have undermined confidence in the city has
been the City's Purchasing Department. Mayor Glickstein stated it is Mr. Chapman's job
as a City Manager to deal with personnel other than the City Manager. Mayor Glickstein
stated this Commission has asked Mr. Chapman time and time again how he is correcting
the problems in the Purchasing Department. In addition, Mayor Glickstein stated as
recently as a month ago he asked the City Manager for a summary of what changes he is
going to make in that department and to this date has received no response. Mayor
Glickstein requested that the Human Resources Department hire a contract administrator
and with the consensus of the Commission he would like that process to start as soon as
possible so that these problems do not reoccur time and time again. Mayor Glickstein
reiterated that he wants someone with experience in Contract Administration and
Procurement Officer that has done this on a larger scale than what Delray Beach has and
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can restructure that department from top to bottom. Mayor Glickstein stated he is not
suggesting that people lose their job; perhaps there are places in that department for such
as existing personnel or places in other departments for these personnel.
The Interim City Attorney stated Jack Warner was recently hired as the
new Finance Director and he will be presenting this item on the May 13, 2014 Workshop
meeting.
Mayor Glickstein asked the City Manager to look into the possibility of
expanding the City's new Sustainability Officer John Morgan to give him more
pedestrian bike coordinator responsibility. Mayor Glickstein stated at a recent Human
Powered Delray meeting people expressed the need for help in that regard and Mr.
Morgan expressed interest in expanding his responsibilities.
With regard to the bike lane on US-1, Mayor Glickstein stated he was
informed that it may be a green bike lane the entire distance and the threshold to do that
is very low and is paid for not by the City. Mayor Glickstein asked Mr. Krejcarek to look
into this and see if this is a possibility because that would be a nice way to promote the
use of a bike lane.
Lastly, Mayor Glickstein reiterated that the City Commission will have a
Special meeting on June 12, 2014 for the possible consolidation of fire and a Special
meeting on May 13, 2014 regarding the engagement of a consultant for garbage
collection services and the OIG findings.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 10:26 p.m.
City Clerk
ATTEST:
I
AYOR
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 May 6, 2014, which Minutes were formally approved and adopted by the City
Commission on July 15, 2014.
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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.
i
i
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