11-04-14 Regular Meeting Minutes i
NOVEMBER 4,2414
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at
City Hall at 6:00 p.m., Tuesday,November 4, 2014.
1. Roll call showed:
Present- Vice Mayor Shelly Petrolia
Commissioner Alson Jacquet
Commissioner Adam Frankel
Deputy Vice Mayor Jordana Jarjura
Mayor Cary Glickstein
Absent- None
Also present were - Terry Stewart, Interim City Manager
Noel Pfeffer, City Attorney
Chevelle D.Nubin, City Clerk
2. The opening prayer was delivered by Chaplain Anthony Cusco.
I
At this point, Mayor Glickstein announced the passing of Shelly Weil an
outstanding community leader in Delray Beach who passed away last week. Mayor
Glickstein read a brief statement into the record and on behalf of the City Commission
extended heartfelt condolences to Mr. Weil's family and friends and their appreciation
for his devotion to the city.
Mayor Glickstein congratulated the Delray Beach Chamber of Commerce
on a very successful Gala Awards and recognized all of the great business and
community leader nominees and congratulated the award winners in particular former
Mayor Tom Lynch on receiving the Lifetime Achievement Award. Mayor Glickstein
stated it was a great event and extended kudos to the Chamber and their staff.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. APPROVAL OF MINUTES.
None.
i
i
i
11/04/14
S. PRESENTATIONS:
5.A. Recounizina and commendinz Jeff and Julie Kadel for their
dedication and service in the community with the Delray Beach Miracle Lea-gue
Mayor Glickstein read the proclamation into the record recognizing and
commending Jeff and Julie Kadel. Jeff Kadel came forward to accept the proclamation
and gave a few brief comments.
Mayor Glickstein thanked and commended Jeff and Julie Kadel for their
countless hours and dedication to the Miracle League.
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 question raised by Dr. Victor Kirson regarding the
commercial development at Linton Boulevard and Federal Highway, the Interim City
Manager stated there are some issues regarding the parking; eleven percent (11%)
reduction in the parking and there are some things that must be done and the developer
will be required alleviate these issues through a number of different mechanisms
depending on how significantly the parking is affected at the site.
The Interim City Manager stated there were numerous people who spoke
at the last meeting about the Artists Alley and staff was asked to take a look at this and
determine if there is a way that the city can become involved in helping to ensure
whatever way that the Artists Alley will continue to thrive. The Interim City Manager
stated a meeting is scheduled that will include Mayor Glickstein, himself, and the
Planning and Zoning Director to discuss this. The Interim City Manager stated the sale
of the property has been postponed until February 23, 2015.
With regard to an individual who spoke about crime in the city and his
concern about the number of shootings and homicides, the Interim City Manager stated
every city has unique policing challenges and to compare one city to the next based on
size and population alone is not always the best indicator especially for a community like
Delray where there are so many people coming in from the outside. The City's true
population based upon the census is never reflected in how many the city actually has
here. The Interim City Manager stated the City has an excellent crime clearance rate and
the City's crime rate is dropping according to the UCR numbers provided by the FBI. He
stated the Police Department has undertaken some initiatives with the appointment of
Police Chief Goldman that are reaching out to the community and becoming more
community centric and more community active.
2
11/04/14
I
The Interim City Manager stated staff met with OIG today and they are
incredibly encouraged about the positive way the city is working together with them.
Jack Warner, Chief Financial Officer, stated there are 15 "prior approval"
items on the Agenda being sponsored by Purchasing and all relate to City Code Section
36.03(B) which is any acquisitions during the fiscal year with a single vendor greater
than $25,000 requires prior authorization by the City Commission. Mr. Warner stated
staff has been developing the information systems that give the City the ability to predict
these purchases and take the proper action before they occur; sometimes the proper action
is a bid or simply to recognize that the situation is going to occur.
Mayor Glickstein stated the Agenda items which state "prior approvals"
should read "advanced approvals" and this is an example of how Mr. Warner is being
proactive on dealing with this issue.
Mr. Warner stated staff will be discussing all of the changes that have
I
been made and are continuing to make at Purchasing including the new Chief Purchasing
Officer joins and begins work on Monday,November 10, 2014. j
6.B. From the Public.
i
i
6.B.1. Virginia Snyder, 200 South Swinton Avenue, Delray Beach, FL 33444,
urged the City Commission to look into the attempted murder of Melissa Bean.
6.B.2. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, read a brief
statement into the record regarding Shelly Weil's life and commented about his obituary.
Ms. Finst stated also this week in obituaries was Delray Beach resident Virgil Norris, the
first African-American surgeon in Palm Beach County and the first black doctor to serve
at Bethesda Memorial Hospital. In addition, Ms. Finst stated also this week in obituaries
was Randall Cooper who was a coach at Seacrest High School from 1955 through the
70's until the mid-1980's. A memorial service will be held on Sunday, November 30,
2014 at 2:00 p.m. in the end zone of the football field at the old Atlantic High School.
Ms. Finst also stated that Betty Matthews worked to preserve the beach and the barrier
island through her activities through the BPOA and Phyllis Plume participated in the
founding of the Child Care Center and the Housing Authority. Ms. Finst asked that space
be found in City Hall for a picture and a brief bio to recognize those living currently and
deceased who brought Delray Beach to where it is today. She requested that this item be
placed on an upcoming Agenda.
6.B.3. Kevin Warner, 148 Venetian Drive, Delray Beach_FL 33483, briefly
spoke about his tax bill increasing and encouraged the Commission that when they meet
to discuss goals that they lower the tax rate or diversify the City's tax revenue sources.
I
i
3
11/04/14
Secondly, Mr. Warner referenced a summary of the citizens' request on
page 1 of the Downtown Delray Beach Master Plan: "encourage development fronting
along the Avenue with three stories as the ideal height and four stories being the
maximum desired height." Mr. Warner stated this is what the residents want and urged
the Commission to get the proposed LDRs codified, passed, endorsed and put into play.
6.B.4. _Carol Anderson, 1441 East Bexley Park Drive, Delray Beach, FL
33445 (speaking on behalf of S.A.F.E.), distributed a handout to the City Commission
and briefly spoke about the sidewalk cafes and the new proposed LDRs. Ms. Anderson
stated the City needs to make sure that the existing sidewalk cafes know that as of their
next renewal they are going to have to comply with the new provisions.
Mayor Glickstein informed Ms. Anderson that her comments were
forwarded to Treasure Coast and the Planning and Zoning Director for their
consideration.
6.B.5. Ron Nobili, 159 Marine Way, Boat Slip 415,Delray Beach, FL 33444,
expressed concern over the parking at the historical district. Mr.Nobili stated he spoke at
the last meeting and noted the response was something that was communicated at the last
meeting but it was not cast in stone. However, Mr. Nobili stated it is a compromise that
he can live with and other people would have one (1) single vehicle and would give
people the opportunity to use two (2) parking spots. Mr. Nobili stated the boaters need
more than one guest pass because they are not all there at the same time, they do not have
driveways or other places to be able to park a vehicle, and sometimes someone may be
coming from Jupiter and someone coining from Boca to offload and go on a cruise for a
day. Mr. Nobili reiterated that the boaters have no other place to park but in front of the
boats. Mr. Nobili stated five (5) years ago there was not a problem with regard to
parking at all and the boaters were able to utilize both sides of the street on Marine Way
except when there are carnivals held on Atlantic Avenue.
6.B.6. Bob Victorin, 120 South Ocean Boulevard, Apt. #2-A, Delray Beach,
FL 33483 (President of the BPOA), commended the Commission for reaching a huge
step to preserve a major accent of Delray Beach and that is 11/4 municipal beach and A-1-
A walk. Mr. Victorin thanked the Commission and the City Manager for their vision by
supporting the Beach Area Master Plan. In addition, Mr. Victorin specifically thanked
Mayor Glickstein for challenging the City Manager to research and present a plan to
implement and fund the Beach Area Master Plan. He stated Suzanne Davis, Parks and
Recreation Director has drafted a Beach Master Plan timeline for improvements with
immediate and long-term items. The Environmental Services Department has appraised
the draft and Ms. Davis has scheduled a date to meet with the BPOA to review the plan
prior to it coming before the Commission. Mr. Victorin stated the BPOA has re-
evaluated the original plan and would like to suggest a shift in some of the elements and
priorities.
i
4
11/04/14
1
Secondly, Mr. Victorin recommended that the Commission establish a
Beach Management Advisory Board to include City staff members and City residents
similar to other advisory boards. He stated the Beach Management Advisory Board's
mission would be to monitor the beachfront presence, design improvements, create and
implement funding to maintain the beachfront in a first class condition to benefit all
residents, visitors and tourists. Mr. Victorin stated previously a Beach Area Master Plan
Committee was formed but has not been effective since it has had no formal relationship
with the City Commission. He stated other communities have boards of this nature in
place (i.e. Fort Lauderdale has a formal Beach Redevelopment Advisory Board) and they
are now considering a full scale redevelopment of the beach area surrounding Las Olas
Boulevard and A-1-A and will cost in excess of$72 million including major construction.
6.B.7. Bob Currie, 72 South Ocean Boulevard, Delray Beach, FL 33483,
stated the BPOA designed and paid for the new pavilion sign.
Secondly, Mr. Currie stated they are in for a building permit for the two
gazebos (one at the north end of the beach and one at the south end of the beach) and are
going to reflect the same character as the pavilion. He stated they would like to start
construction March 1, 2015. Mr. Currie presented the Commission with a check from the
Lattner Family Foundation in the amount of$40,000.
6.B.8. James Quillian, 925 S.E. 2nd Avenue, Delray Beach, FL 33483, stated
Delray Beach is losing Police Officers to cities directly to the north or south. He stated
these Police Officers know all the problems that are specific to Osceola Park and other
areas of the city. Mr. Quillian stated he is hoping that in the near future something can be
worked out so that the city does not have the attrition rate that we are experiencing in
Delray Beach with the Police Officers.
6.B.9. Gary Wulf, 831 S.E. 4th Avenue, Delray Beach, FL 33483, commented
about the condition of the Osceola Park neighborhood and urged the Commission to go to
4th Street where he owns property. Mr. Wulf stated there is a carpet of litter (i.e. beer
bottles, etc.) and he suggested to the Planning and Zoning Board that before moving
forward with anything that the City clean up Osceola Park. Mr. Wulf stated his property
is surrounded by rehab facilities and he has a non-stop 7 days a week parade of drug
rehabbers surrounding his property who walk down 4 and 9d' and in the back of his
house. He expressed concern over City taxes and stated the City is sending out water
bills for$500, $600 and $700 for houses with two people.
6.B.10. Mitzi Kaitz, 331 N.E. 8tb Avenue, Delray Beach, FL 33483, briefly
spoke about two historic houses that through their raising fell apart and stated through the
Hudson Holding project seven (7) historic houses are supposed to be moved and hopes
that it does not become convenient that those house fall apart.
Secondly, Ms. Kaitz commented about the consultant services for the
Solid Waste and Recycling Collection Services agreement and she expressed concern that
$20,000 is a lot of money the City is spending to get this project done.
5
11/04/14
f
Mr. Jacquet stated he appreciates Mr. Wulf s concern about the Osceola
Park neighborhood and wanting to help join the fight in cleaning up the neighborhoods.
Mr. Jacquet suggested that Mr. Wulf speak to James Quillian and Gail-Lee McDermott
who live in that community as well as he does and stated this neighborhood is not
accessible the way Mr. Wulf has portrayed it. Mr. Jacquet stated it is the most vibrant
neighborhoods and the Police have been able to clean up very well.
7. AGENDA APPROVAL.
For clarification, the City Attorney stated Item 10.A., Amended and
Restated Development Agreement Regarding Atlantic Crossinji and Release, Hold
Harmless and Indemnification Agreement was previously deferred by the County
Commission it is on the Agenda this evening as a courtesy notice only; Items 10.B.,
10.C., and 10.D. with respect to the LDRs for the Central Business District (CBD) have
been postponed; notice was posted on the City's website and they have been re-
advertised for November 18, 2014 and December 2, 2014.
Mr. Frankel moved to approve the Agenda as amended, seconded by Vice
Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet—Yes; Mr.
Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein--Yes; Vice Mayor
Petrolia—Yes. Said motion passed with a 5 to 0 vote.
8. CONSENT AGENDA: City Manager Recommends Approval.
I
8.A. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN
$25,000 WITH BROWN BROTHERS CONSULTING, INC.: Authorize prior
approval for annual spending with Brown Brothers Consulting, Inc. in an amount not to
exceed $50,000.00 for business cards, sizable print jobs, binding and finishing, brochures
and poster boards with stands (design, layout and print), specialty paper products and
specialty printing and mailing services. This is in compliance with the City Code of
Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section
36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method"
and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any
Fiscal Year".
S.B. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN
$25,000 WITH A&A ASSOCIATES INTERNATIONAL: Authorize prior approval
of annual spending with A&A Associates International in an amount not to exceed
$100,000.00 to provide short term temporary staffing in departments due to resignation
and vacancies. This is in compliance with the City Code of Ordinances Chapter 36,
Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations
Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B),
"Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year".
6
11/04/14
8.C. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN
$25,000 WITH MANPOWER: Authorize prior approval of annual spending with
Manpower an amount not to exceed $100,000.00 to provide short term temporary
staffing in departments due to resignation and vacancies. This is in compliance with the
City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method";
Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions
Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding
$25,000.00 in Any Fiscal Year".
i
8.1). PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN
$25,000 WITH ROBERT HALF: Authorize prior approval of annual spending with
Robert Half in an amount not to exceed $100,000.00 to provide short term temporary
staffing in departments due to resignation and vacancies. This is in compliance with the
City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method";
Section 36.02 (B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions
Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding
$25,000.00 in Any Fiscal Year.
S.E. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN
$25,000 WIT_H_WELLS FARGO: Authorize prior approval of annual spending with
Wells Fargo in an amount not to exceed $100,000.00 to provide short term temporary
staffing in departments due to resignation and vacancies. This is in compliance with the
City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method";
Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions
Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding
$25,000.00 in Any Fiscal Year".
S.F. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN
525,000 WITH OFFICE TEAM: Authorize prior approval of annual spending with
Office Team in an amount not to exceed $100,000.00 to provide short term temporary
staffing in departments due to resignation and vacancies. This is in compliance with the
City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; j
Section 36.02(B), "Written Quotations Method'; Section 36.02(C), "Direct Acquisitions
Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding
$25,000.00 in Any Fiscal Year".
I
8.G. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN
$25,000 WITH UNITED STATES POSTAL SERVICE: Authorize prior approval of
annual spending with the United States Postal Service in an amount not to exceed
$75,000.00 for postage. This is in compliance with the City Code of Ordinances Chapter
36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written
Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section
36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal
Year".
I
7
11/04/14
I
8.H. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN
$25,000 WITH CDW-GOVERNMENT FOR INFORMATION TECHNOLOGY
E UIPMENT AND SERVICES: Authorize prior approval of spending with CDW-
Government in an amount not to exceed $200,000.00 for the acquisition of hardware and
software maintenance, renewals of maintenance agreements, and equipment that is
included in the approved Capital Improvement Plan such as printers, scanners, plotters,
laptops, software, higher end PC's for engineering functions and video surveillance
cameras and network cabling. This is in compliance with the City Code of Ordinances
Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written
Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section
36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal
Year".
8_I. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN
$25,000 WITH GOVCONNECTION FOR INFORMATION TECHNOLOGY
EQUIPMENT AND SERVICES: Authorize prior approval of spending with
GovConnection in an amount not to exceed $100,000.00 for the acquisition of hardware
and software maintenance, renewals of maintenance agreements, and equipment that is
included in the approved Capital Improvement Plan such as printers, scanners, plotters,
laptops, software, higher end PC's for engineering functions and video surveillance
cameras and network cabling. This is in compliance with the City Code of Ordinances
Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written
Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section
36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal
Year".
i
8..T. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN
j 525,000 WITH PCMG FOR INFORMATION TECHNOLOGY EQUIPMENT
AND SERVICES: Authorize prior approval of spending with PCMG in an amount not
j to exceed $200,000.00 for the acquisition of hardware and software maintenance,
renewals of maintenance agreements, and equipment that is included in the approved
Capital Improvement Plan such as printers, scanners, plotters, laptops, software, higher
end PC's for engineering functions and video surveillance cameras and network cabling.
This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A),
"Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section
36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions
from Vendor Exceeding $25,000.00 in Any Fiscal Year".
8.K. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN
$25,000 WITH PALM BEACH NEWSPAPERS, INC.: Authorize prior approval of
spending with Palm Beach Newspapers, Inc. in an amount not to exceed $60,000 for
bidding activities and to meet legal notice requirements regarding ordinances by several
departments. This is in compliance with the City Code of Ordinances Chapter 36, Section
36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations
Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B),
"Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year".
8
11/04/14
8.L. MEMORANDUM OF UNDERSTANDINGIDEPARTMENT OF
HIGHWAY SAFETY AND MOTOR VEHICLES: Approve a Memorandum of
Understanding with the Florida Department of Highway Safety and Motor Vehicles to
give the Delray Beach Police Department electronic access to the Driver and Vehicle
Information Database (D.A.V.I.D.) which allow searches for driver's license and vehicle
records to aid law enforcement in investigations.
8.M. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA)/TENNIS CENTER SPONSORSHIP: Approve an Interlocal
Agreement between the City and the Community Redevelopment Agency (CRA) for the
sponsorship of City tennis tournament, Delray Beach Open by the Venetian Las Vegas,
for FY 14-15.
I
8.N. RATIFICATION OF APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of
alternate representative Mr. David Cook for a two (2) year term ending July 31, 2016.
8.0. APPOINTMENT OF A STAFF ASSISTANT CITY ATTORNEY:
Approve the appointment of Ms. Stephanie Spritz for the position of Staff Assistant City
Attorney.
S.P. PROCLAMATIONS:
1. None
50. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period October 13, 2014 through October 24, 2014.
S.R. AWARD OF BIDS AND CONTRACTS:
1. Bid award to ConSery Building Services (Bid No. 2014-43) i
for HVAC chiller maintenance and service at City Hall in
the amount of$14,664.00 and the Delray Beach Library in
the amount of $14,064.00 for a total cost of $28,728.00.
This is in compliance with the City Code of Ordinances
Chapter 36, Section 36.02(A), "Sealed Competitive
Method". Funding is available from 001-3431-519-46.10
(General Fund: Repair & Maintenance Service/Building
Maintenance) and 001-3431-519-46.20 {General Fund:
Repair& Maintenance Service/Equipment Maintenance).
2. Award to Sanders Company, Inc., a single source supplier,
in the amount of $48,606.00 for the purchase of a
replacement transfer pump at the Water Treatment Plant
(WTP). Funding is available from 442-5178-536-6490
(Water & Sewer Renewal & Replacement Fund:
Machinery/Equipment/ Other Machinery/Equipment).
9
11/04/14
i
Vice Mayor Petrolia moved to approve the Consent Agenda, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes;
Deputy Vice Mayor Jarjura— Yes; Mayor Glickstein -- Yes; Vice Mayor Petrolia— Yes;
Mr. Jacquet Yes. Said motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. _WAIVER REQUEST/SPODAK DENTAL GROUP: Consider
approval of a waiver request to Land Development Regulations (LDR) Section
4.6.7(E)(7), "Design Standard Matrix", to allow the installation of a monument sign to be
placed in the bio swale area for Spodak Dental Group located at 3 911 West Atlantic
Avenue. (Quasi-Judicial Hearing)
Mayor Glickstein read the City of Delray Beach Quasi-Judicial rules into
the record for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Glickstein asked the City Commission to disclose their ex parte
communications. Mr. Frankel stated he is a patient of Dr. Spodak and heard about this
project. Deputy Vice Mayor stated she too is a patient of Dr. Spodak and previously sat
on the Planning and Zoning Board with him, and she also heard about this project.
Mayor Glickstein stated he spoke with Dr. Spodak. Vice Mayor Petrolia stated she has
not spoken to Dr. Spodak about this. Mr. Jacquet stated he is also a patient of Dr.
Spodak's and briefly spoke to him about this issue.
Lula Butler, Director of Community Improvement, stated this item is
consideration of approval by the City Commission to allow the installation of a
monument sign to be placed in the bio Swale area for Spodak Dental Group located at
3911 West Atlantic Avenue. Ms. Butler stated this case was before the City Commission
in October 2013 after having gone to SPRAB in September 2013. The City Commission
awarded five (5) waivers to this project based on the investment that this company has
made into being a LEED certified buildings. Ms. Butler stated the applicant represented
at the time that he was not going to be able to put a monument sign in the bio swale area.
She stated when heading west on West Atlantic Avenue because of the linear foot of the
building and the way you approach it you cannot see it until you get right up close on it.
Ms. Butler stated in the applicant's opinion it has created some dangerous situations
because people stop real quick trying to turn in. She stated the monument sign could
have been approved administratively because it is eligible under 4.6.7(E)(7); however,
because of policy implications staff felt it was more appropriate for the Commission to
affirm staff recommendation before taking final action and because the Commission was
the approving body that granted the waiver to accept the justifications from the applicant.
Staff recommends approval of the installation of the monument sign.
10
11/04/14
Dr. Spodak,Anplicant, 904 N.E. 2nd Avenue, Delray Beach, FL 33444,
stated he did not anticipate the size of the vegetation and how fast it would grow but as
you approach from the west to the east the building comes up upon you very quickly; it is
a larger building but a smaller frontage. Dr. Spodak stated they have received numerous
complaints from patients that they are having trouble finding the building and when they
do find the building, it comes up on them so quickly that they have to merge over and
there is no dedicated turn so it creates a hazardous situation. Dr. Spodak stated they are
able now to rearrange their bio-swale now that they have received their LEED gold
certification.
There was no rebuttal or cross-examination
Mayor Glickstein asked if anyone from the public would like to speak in
favor or in opposition of the waiver request, to come forward at this time. There being no
one from the public who wished to address the Commission, the public comment was
closed.
Deputy Vice Mayor Jarjura supports this and stated this is a project that
we should encourage other developers to emulate; she stated this is a phenomenally
designed and a great investment in the city by a local business and local community
leader. Deputy Vice Mayor Jadura stated she agrees with Dr. Spodak that it is easy to
miss the turn and people cross over three lanes to do the immediate U-turn.
Vice Mayor Petrolia asked if any of waivers previously given to the other
signage as a result of this. Ms. Butler stated the fact that Dr. Spodak could not at the time
put his free standing sign there is one of the justifications; however, Ms. Butler stated
there were a number of things as it relates to the way the building is structured and the
visibility(to be able to see it before you get to it).
Mr. Jacquet stated he is in support of the waiver request.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Frankel moved to approve the Board Order, seconded by Mr. Jacquet.
Upon roll call the Commission voted as follows: Mr. Frankel —Yes; Deputy Vice Mayor
Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet Yes.
Said motion passed with a 5 to 0 vote.
11 I
11/04/14
I
i
9.B. RESOLUTION NO. 57-141GRANICUS, INC.: Consider approval of
Resolution No. 57-14; approving the continuation of services for video/audio streaming
of Commission meetings and audio streaming of the City's emergency radio station while
the City engages in a competitive bid solicitation; declaring by a four-fifths affirmative
vote that the City's sealed competitive method or written quotations procurement method
for the purchase is not in the best interest of the City. This is in compliance with the City
Code of Ordinances Chapter 36, Section 36.02(c)(11), "Best Interest Acquisition".
Funding is available from 001-1316-512-46.90 (General Fund: Repair & Maintenance
Service/Other Repair/Maintenance Costs).
I
The caption of Resolution No. 57-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
THE CONTINUATION OF SERVICES FOR
VIDEO/AUDIO STREAMING OF COMMISSION
MEETINGS AND AUDIO STREAMING OF THE
CITY'S EMERGENCY RADIO STATION WHILE THE
CITY ENGAGES IN A COMPETITIVE BID
SOLICITATION; DECLARING BY A FOUR FIFTHS
AFFIRMATIVE VOTE THAT THE CITY'S SEALED
COMPETITIVE METHOD OR WRITTEN
QUOTATIONS PROCUREMENT METHOD FOR THE
PURCHASE IS NOT IN THE BEST INTEREST OF THE
CITY; PROVIDING FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 57-14 is on file in the City Clerk's
office.)
Francine Ramaglia, Assistant City Manager, stated this item is to approve
continuation of the contract that does the broadcasting of the livestreaming City
Commission meetings. She stated the contract was originally approved in 2007 by the
City Commission and renewed in 2012 through November 2014; however, this was not
done with Commission approval. Ms. Ramaglia stated requests approval of this contract
for a period no to exceed one-year while the City goes out for competitive solicitation
which staff expects to complete in February 2015 for approval of a contract either with
vendor or whoever wins the competitive selection.
Mr. Frankel stated he has received complaints frequent that the video
q p
streaming is not working and it freezes up and su gg ested that the city needs improvement
in this area. He stated many people who are out of the area or out-of-state, they rely on
the video streaming to follow what is going on and asked for a major upgrade in this area.
Ms. Ramaglia stated staff agrees and that is why this is being taken out for a competitive
solicitation and is an inclusive as possible and reiterated that this will be brought back to
the City Commission in February 2015.
I
12
11/04/14
Mr. Frankel moved to approve Resolution No. 57-14, seconded by Deputy
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—
Yes; Mr. Frankel—Yes. Said motion passed with a 5 to 0 vote.
9.1C. CONSULTANT SERVICES FOR SOLID WASTE AND
RECYCLING COLLECTION SERVICES RFP: Motion to approve a consultant
services agreement with Mr. David Dee in an amount not to exceed $20,000.00 to
finalize an award of the Solid Waste and Recycling Collection Services RFP. This is in
compliance with the City Charter, Section 4.08(A), "Legal Counsel Appointment,
Removal Compensation; Appointment".
The City Attorney stated the RFP was published October 6, 2014 and
vendor questions were required by October 22, 2014. The City received questions from
the following six (6) vendors: (1) Progressive Waste Solutions, (2) Waste Pro of Florida,
Inc., (3) Advanced Disposal Services Solid Waste Southeast, Inc., (4) Southern Waste
System. (SWS), (5) Republic Service of Palm Beach, and (6) Waste Management of
Florida, Inc. The City Attorney stated all submitted questions and detailed responses
were provided by the end of last week and posted on the web. The City Attorney stated
some of the questions raised legitimate issues and the City issued a third addendum that
made some minor changes to both the RFP and Franchise Agreement in response to some
of the vendor questions. The City Attorney stated the proposals are due Friday,
November 7, 2014 and at that date the Cone of Silence will go into effect. The City
Attorney stated the City Manager and the City Attorney's office would like to continue to
have available Mr. Dee as we go through vendor selection and in the event there are any
unforeseen issues. The City Attorney stated it is important that Mr. Dee be available as
we go to vendor selection and as staff goes through a complex RFP and an important
vendor selection. The City Attorney stated whatever additional fess Mr. Dee would incur
would be substantially less than what he is requesting.
Mr. Frankel asked how much Mr. Dee has been paid to date. The City
Attorney stated $25,000. Mr. Frankel asked how much the other group was paid. The
City Attorney stated Bill Redman had a similar budget and does not believe he has
reached his budget cap and he is doing very little if any services from this point.
Deputy Vice Mayor Jarjura asked if this is one of the City's largest
contracts. The Interim City Manager stated this is one of the City's largest contracts for
multi-years and it is the expenditure of tens of millions of dollars on the part of the
citizens of the city. Deputy Vice Mayor Jarjura stated normally she would concur with
Commissioner Frankel's concerns and the residents' concerns that the city should have
the capabilities to handle this in-house given the magnitude of this contract, the issues
that the city had previously and the fact that we just now getting the Purchasing Officer
started, she feels it is a very specific field and it is important to have an expert on board.
Deputy Vice Mayor stated she hopes that the city does not reach the $20,000.00 but
having Mr. Dee here as a consultant to guide everyone but not to be relying on him in
terms of major work product. Deputy Vice Mayor Jarjura asked if Mr. Dee will be
involved in any bid protest or will the city handle in-house.
13
11/04/14
The City Attorney stated he believes the city has the capacity to handle most of the
protest work in house. The City Attorney stated his expectation would be unless it
overwhelms the resources in his office he would expect to handle it.
The Interim City Manager stated the idea is to have the expertise to do as
much upfront to avoid having bid protests; it does not mean it keeps it from happening
but it levels the playing field more in the city's favor.
Deputy Vice Mayor Jarjura moved to approve the Consultant Services
Agreement with Mr. David Dee in the amount not to exceed $20,000, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein—Yes; Vice
Mayor Petrolia—Yes; Mr. Jacquet Yes; Mr. Frankel—Yes; Deputy Vice Mayor Jazjura
—Yes. Said motion passed with a 5 to 0 vote.
At this point,the time being 7:08 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. AMENDED AND RESTATED DEVELOPMENT AGREEMENT
REGARDING ATLANTIC CROSSING AND RELEASE HOLD HARMLESS
AND INDEMNIFICATION AGREEMENT: Consider approval of an Amended and
Restated Development Agreement ("Amended Agreement") consistent with the January
2014 site plan approved by the City Commission and the Atlantic Crossing Conditional
Use and Class V Site Plan Approval Staff Letter dated February 12, 2014. (At the
direction of the City Commission this item has been deferred for further review. Since
this matter was previously advertised for action on November 4, 2014, this courtesy
notice is included in the agenda.)
10.B. ORDINANCE NO. 33-14 (FIRST READING/FIRST PUBLIC
HEARING): Imposing a temporary moratorium on the operation of medical marijuana
treatment centers and dispensing organizations within the city for a period of one (1)
year. If passed, a second public hearing will be held on November 18, 2014.
The caption of Ordinance No. 33-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
IMPOSING A TEMPORARY MORATORIUM ON THE
OPERATION OF MEDICAL MARIJUANA
TREATMENT CENTERS AND DISPENSING
ORGANIZATIONS WITHIN THE CITY FOR A PERIOD
OF ONE (1) YEAR; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
i
14
11/04/14
(The official copy of Ordinance No. 33-14 is on file in the City Clerk's j
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.
i
The City Attorney stated this ordinance imposes a moratorium with
respect to Amendment Two which is on today's ballot and also with respect to the
compassionate medical marijuana which was passed in the 2014 legislative session. The
City Attorney stated the basis for the moratorium is that the legal sale of marijuana would
permit land to be used in a way that has historically been prohibited by law. He stated
this ordinance would propose a one year moratorium to allow the city to review and
determine the proper zoning and land development regulations for this potential new use.
The City Attorney stated if Amendment Two passes tonight on the ballot he would
anticipate that rules with respect to its sale and cultivation would likely be adopted by the
legislature during the 2015 session and typically there is an effective date of July 1St. The
City Attorney stated because the City Commission is going to deal with the subject
matter of medical sales of marijuana he included the compassionate marijuana laws so
they could address the subject matter as a single matter. The City Attorney stated if the
referendum were not to pass this evening, then he would not recommend at second
hearing that the City Commission consider enacting a moratorium.
Mayor Glickstein declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 33-14,
the public hearing was closed.
The City Attorney stated when he first considered this he did not know
whether or not to do a moratorium or to get with Dana Little to discuss with him the
appropriate zoning districts and the land development regulations with respect to
someone who chooses to cultivate, dispense, and offer this for sale. The City Attorney
stated if the Commission chooses to allow it what zoning districts is it appropriate to
allow for cultivation and sale versus what zoning districts and what land development
regulations are appropriate to prohibit its use. The City Attorney stated this moratorium
is not at all to encroach should it pass tonight the ability to enact laws to allow for it to
legally be dispensed for medical reasons.
Mr. Jacquet stated should this ordinance pass tonight and people across the
state within a year have the right to do whatever that business is that the amendment
allows would they have that same right in the City of Delray. The City Attorney stated
they would have the right but like any other business they would have to satisfy the
applicable land development regulations and zoning regulations. The City Attorney
stated during the pendency of this moratorium it could not be done notwithstanding the
moratorium the earliest anyone could do this would be July 1, 2015.
15
11/04/14
The City Attorney stated if this were to pass tonight well before next July there would be
conversation between the City Attorney's Office and Mr. Little to come up with a set of
recommendations for the City Commission as to what might be the appropriate response.
Brief discussion continued between the City Attorney and Mr. Jacquet.
Mr. Jacquet stated he understands why the city needs to look into this
moratorium because of safety, health issues, and regulation reasons within the city.
However, Mr. Jacquet expressed concern over the process. Mr. Jacquet stated tonight is a
huge election across the state and this is a huge ballot issue on the ballot and the City
Commission Chambers is empty. The City Attorney stated the reason he prefers to have
this done as soon as possible is so that there are not placeholder businesses in anticipation
of the outcome.
Vice Mayor Petrolia moved to approve Ordinance No. 33-14 on First
Reading/First Public Hearing, seconded by Deputy Vice Mayor Jarjura. Upon roll call
the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Jacquet — No; Mr.
Frankel —No; Deputy Vice Mayor Joura— Yes; Mayor Glickstein— Yes. Said motion
passed with a 3 to 2 vote, Commissioner Jacquet and Commissioner Frankel dissenting.
At this point, the time being 7:20 p.m., the Commission moved back to
Item 9.D. of the regular agenda.
9.D. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN
$25,000 WITH KONICA MINOLTA BUSINESS SOLUTIONS: Consider prior
approval of annual spending with Konica Minolta Business Solutions in an amount not to
exceed $60,000.00 via Florida State Contract 4600-000-11-1 for multiyear lease
agreements for the acquisition of copiers and related services from Konica Minolta
Business Solutions. This is in compliance with the City Code of Ordinances Chapter 36,
Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations
Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B),
"Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year".
Jack Warner, Chief Financial Officer, stated this is the first of the four
remaining Code Sections 36.03(B) items and these are on the regular agenda because
when this agenda was put together the policy was to have all piggyback contracts on the
regular agenda. Mr. Warner stated that policy has since been changed and therefore
going forward the City Commission will see all of these items on the Consent Agenda.
He stated these are a series of individual contracts and as each of the copier contracts
comes up for renewal staff looks at the specifications of the machine and what is the best
price. Mr. Warner stated it is not that there is a decision at the beginning of the year but
rather than the cumulation of the individual decisions that are made over the course of the
year add up to more than $25,000.
16
11/04/14
i
Deputy Vice Mayor Jarjura moved to approve prior approval of fiscal year
2015 spending greater than $25,000 with Konica Minolta Business Solutions, seconded
by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet Yes; Mr.
Frankel — Yes; Deputy Vice Mayor Jarjura— Yes; Mayor Glickstein— Yes; Vice Mayor
Petrolia—Yes. Said motion passed with a 5 to 0 vote.
9.E. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN
$25,000 WITH OFFICE DEPOT: Consider prior approval of annual spending with
Office Depot in an amount not to exceed $150,000 via Florida State Contract #615-000-
11-1 for office and educational consumables. This is in compliance with the City Code of
Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section
36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method"
and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any
Fiscal Year".
Jack Warner, Chief Financial Officer, stated this item is for Office Depot
i
and is a State of Florida Department of Management Services contract and a category
such as office supplies and educational consumables that permits the city the pricing from
Office Depot.
Deputy Vice Mayor Jarjura asked if this is similar to the $100,000 that the
City Commission retroactively approved for the credit card purchases but this is for going
forward. Mr. Warner confirmed that it is. Deputy Vice Mayor Jarjura stated she would
like to make sure that the City is ensuring proper oversight of the individual purchases at
Office Depot, Home Depot, etc.
Vice Mayor Petrolia asked if there is still the same number of credit cards.
In response, Mr. Warner stated staff is part way through the review process and have not
completed the final review. Mr. Warner stated he does not expect there to be a large
change.
The Interim City Manager stated every card that they have that has been
dispensed staff has required each department for an updated justification for why a
particular employee must have access to the card. The Interim City Manager stated staff
will review the justification and make a determination as to whether or not it makes sense
for certain employees to have a card.
Mr. Frankel moved to approve prior approval of fiscal year 2015 spending
greater than $25,000 with Office Depot, seconded by Deputy Vice Mayor Jarjura. Upon
roll call the Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor
Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes.
Said motion passed with a 5 to 0 vote.
17
11/04/14
9.F. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN
525,000 WITH RED WING SHOE COMPANY: Consider prior approval of annual
spending with Red Wing Shoe Company in an amount not to exceed $35,000 via Brevard
County Central Services contract P-2-12-19 for acquisitions of safety shoes. This is in
compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed
Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C)
"Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor
Exceeding $25,000.00 in Any Fiscal Year".
Jack Warner, Chief Financial Officer, stated Red Wing Shoes are required
by almost every field organization in the city and it is a series of small purchases that
occur over the course of the year and the City of Delray Beach is piggybacking on a
Brevard County Services Contract.
Vice Mayor Petrolia moved to approve prior approval of fiscal year 2015
spending greater than $25,000 with Red Wing Shoe Company, seconded by Mr. Frankel.
Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes;
Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel —
Yes. Said motion passed with a 5 to 0 vote.
9.G. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN
$25,000 WITH RICOH USA, INC.: Consider prior approval of annual spending with
Ricoh USA, Inc., in an amount not to exceed $60,000 via on Miami Dade contract
#033KK11 for multiyear lease agreements for the acquisition of copiers and related
i
services from Ricoh USA, Inc. This is in compliance with the City Code of Ordinances
Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written
Quotations Method"; Section 36.02(C) "Direct Acquisitions Method" and Section
36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal
Year".
Jack Warner, Chief Financial Officer, stated this item is one of the other
vendors from whom copiers are available in that series of individual decisions that are
made over the course of the year and the City of Delray Beach is piggybacking off a
Miami/Dade School Board contract.
Deputy Vice Mayor Jarjura moved to approve prior approval of fiscal year
2015 spending greater than $25,000 with Ricoh USA, Inc., seconded by Vice Mayor
Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein—Yes; Vice
Mayor Petrolia—Yes; Mr. Jacquet—Yes; Mr. Frankel—Yes; Deputy Vice Mayor Jarjura
—Yes. Said motion passed with a 5 to 0 vote.
i
i
i
18
i
11/04/14
i
9.11. PURCHASE AWARD/MUNICIPAL EQUIPMENT COMPANY,
LLC (MECO): Consider approval of a purchase award to Municipal Equipment
Company, LLC (MECO) in the amount of $32,331.00 for 15 sets of Firefighting
Protective Equipment based on the Lake County Contract #12-0806M. This is in
compliance with the City Code of Ordinances, Chapter 36, Section 36.02(C)(6)(b), "City
Standard" and Section 36.02(C)(7), "Utilization of Other Governmental Entities'
Contracts". Funding is available from 001-2315-526-64.60 (General Fund: Machinery
Equipment/Other Machinery/Equipment) and 001-2313-522-64.90 (General Fund:
Machinery/Equipment/Other Machinery/Equipment.
Danielle Connor, Fire Chief, stated this is item is for the purchase of
fifteen (15) bunker gear sets piggybacking off the Lake County Contract to provide for
the new employees who are scheduled to start on November 17, 2014. Chief Connor
stated the goal of the Fire-Rescue Department is to provide the second set for all
firefighters.
Mr. Frankel moved to approve the purchase award to Municipal
Equipment Company, LLC (MECO) in the amount of $32,231.00 for 15 sets of
firefighting protective equipment, seconded by Vice Mayor Petrolia. Upon roll call the
Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr.
Frankel —Yes; Deputy Vice Mayor Jarjura—Yes; Mayor Glickstein—Yes. Said motion
passed with a 5 to 0 vote.
i
Mayor Glickstein commented about the email the Interim City Manager
forwarded to the City Commission from Chief Connor regarding the fifteen (15) new
hires 10 of which are comprised of three (3) African-American, three (3) Hispanic, one
(1) Indian, and three (3) women and the other five (5) employees round out that group.
Mayor Glickstein complimented Chief Connor on the diversity and stated it is reflective
of the community.
At this point, the time being 7:26 p.m., the Commission moved to Item
11, First Readings.
I
11. FIRST READINGS:
11.A. ORDINANCE NO. 34-14: Consider an amendment to Chapter 32,
"Departments, Boards and Commissions", of the Code of Ordinances; amending the rules
for removal for members of City boards; amending Section 32.15, "Definitions",
amending Section 32.17, "Grounds for Removal"; and by repealing Section 32.19, "Vote
Necessary for Removal" in its entirety. If passed, a public hearing will be held on
November 18, 2014.
I
19
11/04/14
The caption of Ordinance No. 34-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 32, "DEPARTMENTS,
BOARDS AND COMMISSIONS", OF THE CODE OF
ORDINANCES; AMENDING THE RULES FOR
REMOVAL FOR MEMBERS OF CITY BOARDS;
AMENDING SECTION 32.15, "DEFINITIONS",
AMENDING SECTION 32.17, "GROUNDS FOR
REMOVAL"; AND BY REPEALING SECTION 32.19,
"VOTE NECESSARY FOR REMOVAL" IN ITS
ENTIRETY, PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 34-14 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and the City
Commission directed staff to revise the ordinance with respect to the process for potential
removal of board members. The City Attorney stated when this last came before the City
Commission it had removal at the discretion of the board and they felt it was too broad.
Therefore, the City Attorney stated in this ordinance he added a definition for "removal
for conduct unbecoming." He stated this is a standard that is used by other governments
and other employers. The City Attorney stated it has been defined to mean "any conduct
by a board member which in the opinion of the City Commission is inappropriate or
unsuitable and which has a tendency to adversely affect, lower, or destroy City
Commission respect or confidence and the ability of the member to perform his or her
duties as a member of the city board or conduct which brings disrepute or discredit to the
board." The City Attorney stated he left in all the other standards that were in the prior
ordinance; however, he added this language to capture other types of conduct.
Deputy Vice Mayor Jarjura stated for abandonment of office it is failure to
attend three (3) consecutive regular meetings of a city and a lot of other municipalities
have three (3) consecutive regular meetings or accumulative of four (4) or five (5)
meetings. She stated if someone is missing four (4) meetings out of a twelve (12) month
period whether or not they are consecutive, then that individual should not be on that
board anymore. The City Attorney suggested that the City Commission make a motion
"to approve as amended" and he can include this language in the next draft.
Brief discussion followed by the City Commission.
After brief discussion, it was the consensus of the City Commission that
failure of a City Board member to attend three (3) consecutive regular meetings or any j
five(5)regular meetings over the course of a year are subject to automatic termination.
20
11/04/14
The City Attorney stated it would an automatic termination; however,
nothing would prohibit the City Commission if they chose to reappoint that person if
there were extenuating circumstances (i.e. health).
I
Vice Mayor Petrolia moved to approve Ordinance No. 34-14 on FIRST
Reading as amended, seconded by Deputy Vice Mayor Jacquet. Upon roll call the
Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice
Mayor Jar ura— Yes; Mayor Glickstein Yes; Vice Mayor Petrolia Yes. Said motion
passed with a 5 to 0 vote.
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
12.A. City Manager
None.
12.B. City Attorney
The City Attorney introduced the new Staff Assistant City Attorney
Stephanie Spritz. Ms. Spritz graduated with a 3.95 GPA from the University of
Wisconsin, and then attended Chicago-Kent College of Law where she graduated in the
top 14% of her class. The City Attorney stated Ms. Spritz is also a resident of Delray
Beach.
12.C. City Commission
12.0.1. Mr. Frankel
None.
i
12.C.2. Deputy Vice Mayor Jariura
With respect to a public comment made by Mr. Victorin about the City of
Fort Lauderdale having a Beach Redevelopment Advisory Board, Deputy Vice Mayor
Jarjura stated the Beach Redevelopment Advisory Board is actually an advisory board to
the Beach CRA. Deputy Vice Mayor Jarjura stated the City of Fort Lauderdale has
several different CRA areas and one of them is the Beach CRA and the City Commission
sits as the CRA and the $72 million worth of public improvements is all being paid for by
the Beach CRA which has been in existence since 1989 and has been collecting that
money and has not spent it. She stated she forwarded the presentation to the Interim City
Manager, Planning and Zoning Director and the City Attorney because it has very
informative data in terms of public improvements.
Secondly, Deputy Vice Mayor Jarjura reminded everyone that Thursday,
November 6, 2014 is Delray Reads Day.
21
11/04/14
12.C.3. Vice Mayor Petrolia
Vice Mayor Petrolia reminded everyone that on Tuesday, November 11,
2014 there will be a Veteran's Day Ceremony beginning at 9:30 a.m. at Veteran's Park
and a parade immediately following which will proceed along Atlantic Avenue from the
park to the Delray Beach Center for the Arts at Old School Square.
12.C.4. Mr. Jacquet
Mr. Jacquet stated he is looking forward to the results from the Election
today.
12.C.5. Mayor Glickstein
Mayor Glickstein stated he received a letter from the Bloomberg
Philanthropies and they are inviting cities with more than 30,000 residents to submit
proposals for temporary public art that demonstrates close collaboration between artists,
art organizations and city government. He stated three cities will be selected to receive
up to $1 million each over two (2) years. Mayor Glickstein asked Mr. Stewart to
determine who would be best to handle this project.
Secondly, Mayor Glickstein stated with regard to the staff report dated
October 13 2014 there is a,notation from Police Chief Goldman regarding concerns
g g
about how many special events are impacting the department's overtime budget. Mayor
Glickstein stated he would like to know which events specifically Police Chief Goldman
is speaking about that are not covered by the promoter.
Mayor Glickstein stated on the Workshop Agenda there will be a
discussion regarding the Purchasing Procurement Process Presentation. He asked that
staff be prepared to elaborate on the Internal Auditor and Contract Manager positions
within existing personnel or new additions to staff to embellish that department. Mayor
Glickstein stated he would like these two positions discussed as part of that presentation
with that auditor reporting to the City Commission not the City Manager.
I
Mayor Glickstein stated he received an email that in Boston they hired an
Arts Czar who is responsible for coordinating all of the arts related city-wide cultural
planning events, etc. He feels the City should have been more proactive about what is
happening in Artists Alley and stated Mr. Bill Nix brought to his attention that the City
has a clearing house for what is happening within our community that is arts related.
Mayor Glickstein stated the arts has been such an importance part of the renaissance of
this city and he does not want to see that happen again where there is some opportunity
missed or some asset we are not leveraging to our full advantage.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 7:39 p.m.
22
11/04/14
4
City Clerk
ATTEST:
i
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on November 4, 2014, which Minutes were formally approved and adopted by the City
Commission on April 6, 2015.
City Clerk
i
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
I
23
11/04/14
i
i
I
I
� ,_