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03-14-13 Special Workshop MinutesSPECIAL /WORKSHOP MEETING MARCH 14, 2013 A Special/Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas F. Carney, Jr. in the Commission Chambers at City Hall at 6:00 p.m., on Thursday, March 14, 2013. Roll call showed: Present - Commissioner Christina Morrison Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Thomas F. Carney, Jr. Absent - None Also present were - Douglas. E. Smith, Interim City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Mayor Carney called the Special /Workshop meeting to order and announced that it had been called for the purpose of considering the following Items. SPECIAL MEETING AGENDA MUNICIPAL ELECTION RESULTS /RESOLUTION NO. 20 -13: Canvass the returns, and declare the results of the March 12, 2013 First Nonpartisan and Special (Referendum) Election; approve Resolution No. 20 -13. Mayor Carney asked for a motion to accept the results and approve the resolution. Ms. Morrison moved to accept the results and approve Resolution No. 20 -13, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes. Said motion passed with a 3 to 0 vote. 2. WAIVER REQUESTMELRAY BEACH TWILIGHT FESTIVAL: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.7p(3)(f , Special Event Non Roadway Banner Signing ", to allow sponsor banners to be hung on the perimeter fencing of the Delray Beach Twilight Festival (bike races) site and to allow banners to exceed 20 square feet, from Match 22 -23, 2013. (Quasi judicial Hearin Mayor Carney read the City of Delray Beach Quasi-judicial rules into the record for this item. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Carney, asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Mr. Robert Barcinski, Assistant City Manager, stated this is for approval of a waiver to allow banners in designated areas for the twilight festival. He stated tuff has reviewed this and is recommending approval. Mr. Frankel 'stated Commission is getting these every week and asked if the Commission can allow Mr. Barcinski to use his discretion in this matter when it is a two or three day event. Mr. Brian Shutt, City Attorney, stated Lula Butler, Community Improvement Director, is looking at the sign code on this. Mr. Jacquet asked if we have done this type of waiver before for this specific event. Mr. Barcinski stated it was done last year. Mr. Jacquet asked about the Bike Race. The City Attorney went through the board order with Commission and stated based on the board order the Commission would approve the event subject to the condition that each side must provide the name, tune, date and location of the event. He asked for a motion to adopt the board order. Mrs. Gray moved to adopt the board order approving the waiver request, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel - Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 3. PROPOSED CHANGES TO THE RULES FOR PUBLIC PARTICIPATION: Approve the proposed change to the Rules for Public Participation. Mr. Shutt stated this item is based on the last change to the local rules to make it consistent with expanding the public comment section and to :make the rules for public participation consistent with the Local Rules. Mr. Frankel asked about the amendment. Mr. Jacquet referenced the rules regarding general remarks by individuals. He asked if this is without consensus of the Commission. The City Attorney discussed this and stated he could change the language to make it consistent. Mr. Frankel moved to approve the changes to the Rules for Public Participation, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison -- Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 4. CONTRACT AWARD /PREMIERE BUILDING SERVICES: Approve a contract award with Premiere Building Services in the amount of $59,739.60 for janitorial services for the cleaning of various City buildings in addition to requested janitorial services "as needed" by departments. Funding is available from various departmental operating budgets. Mr. Victor Majtenyi, Interim Environmental Services Director, presented this item and stated sixteen (16) bids were received with varying ranges for cost. He stated staff spoke to vendors and checked references for vendors. Mr. Frankel referenced the length of the contract and the renewal. Mr. Douglas Smith, Interim City Manager, stated this may have been written this way in the bid package when it was released but could still be at Commission's discretion. 2 March 14, 2013 Mayor Carney asked about the language and the pricing; he stated automatic renewals axe now an issue. Mr. Smith stated to the extent that some of the contract terms can be extended it takes the load off of staff with constant rebidding. Mr. Shutt stated this is a one year agreement and Commission can direct staff to come back to them with this before it is renewed. He stated if Commission wants a three year term then it would have to go back out to bid. Mrs. Gray asked about the difference in the prices and asked if we are sure they will be able to do the job. Mr. Majtenyi discussed the reference checks regarding whether they had everything in the scope of services and that they can complete the job since it was a much lower bid. Mrs. Gray asked what happens if at mid -year the company decides they cannot complete the job for that amount. Mr. Majtenyi discussed the three month probationary period. Ms. Morrison asked if the three month probation is without cause. Mr. Shutt asked if this language is in the Request For Proposals (RFP). Ms. Morrison asked about the current contract with O.T. Services. Mr. Majtenyi stated the contract with O.T. Services has expired. Ms. Morrison asked when was the last time we bid out this contract. Ms. Patsy Nadal, Purchasing Manager, discussed the last time the contract went out to bid. Mr. Jacquet stated it should be for one year with the option to renew and stated his favorite part about this is the three month probationary period which allows us to terminate without cause if the city is not satisfied with what they are doing. He stated his concerns are that it is a very small company so that questions whether they can cover all of our facilities and the price is so significantly low it triggers a concern. However, he stated that does not deter him from awarding the contract to them and we are saving $50,000 or more. Mayor Carney asked if this will be approved as amended regarding the 90 -day probation and that it is not an automatic renewal. Mrs. Gray discussed the change in service from five (5) to three (3) days cleaning and asked if this new company will pick up the days because it is needed. Ms. Nadal discussed the cleaning of city facilities. Mr. Smith suggested that Commission award the contract the way it is presented tonight and then staff can bring this back to the Commission for the options for getting extra days added on. Discussion continued between Commission and staff. Ms. Morrison asked if the chemicals are supplied by the City. Ms. Nadal stated anything of paper and plastic are supplied by the City and the vendor supplies the chemicals. March 14, 2013 Mr. Frankel moved to approve a contract award with Premiere Building Services in the amount of 559,739.60 for janitorial services, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. Mayor Carney adjourned the Special Meeting at 6:30 p.m. Before moving on to the Workshop Agenda, Mr. Jacquet stated he brought up the valet parking issue because it is a major concern for everyone and suggested that the valet workshop be done at a different time since there are other items on this agenda so that there can be more time to go through this in detail. Mr. Frankel stated he and the city attorney spoke earlier and stated he feels they should hear all of the items or postpone all of them. Ms. Morrison stated this is just a workshop so there are no decisions that will be made. She stated we are gathering information. Mr. Frankel stated there will be no votes but direction will be given. Mr. Jacquet stated one item can be postponed without postponing the others as have been done in the past and stated the valet issue is a major one and stated he felt it would be wise to wait a week or two. Mayor Carney stated he has been preparing and looking at this issue for some time but if the Commission wishes to postpone the item that is fine too. Mrs. Gray stated she agrees that not everything should be postponed on the agenda but thinks there is some value in looking at this item tonight and giving direction. Ms. Morrison stated the valet parking issue on SE 2 Avenue is a disaster waiting to happen and feels the issue should be talked about and the conversation should start tonight. She stated even if a decision is not made tonight at least the issues will be on the table and the police are here to discuss the situation. It was the consensus of the Commission to move forward with the Valet Parking item. WORKSHOP MEETING AGENDA 1. Police Department Staffing Update Police Chief Anthony Strianese presented this item. He stated 158 would be the number for the Police Department to be totally staffed and discussed the changes in staffing and the hiring process. Chief Strianese stated there are new hotels and large residential developments coming in and stated we have a higher crime rate than Boynton Beach and Boca Raton. He discussed the Uniform Crime Report (UCR) and stated crime is continuing to come down and feels they are doing a good job with less people. He stated we have a vibrant downtown, a world class beach and have become recognized as an international tourist destination. He stated we have in excess of 200 recovery facilities, three (3) psychiatric receiving facilities in fifteen square miles, etc. and these are things that other communities do not have and this makes Delray Beach very unique in what we deal with. Chief Strianese stated based on the direction and budget he has been given 4 March 14, 2013 they have adequate resources to provide the basic functions of a law enforcement agency. He stated moving forward it has to be looked at long term regarding budget. Mx. Frankel stated this had been touched on during the workshop with the State Attorney and feels the Police Department needs help. He stated he feels Commission going forward needs to provide the Police with more support, more officers and increase the momentum of the officers as well as civilian employees. He stated it is very important to recognize what the Police Department does with what they have. Mr. Frankel referenced probation, parole, mental health and an increased homeless population and urged the Commission to recognize that during the upcoming budget cycle. Mrs. Gray thanked the Police Department for all they do and for keeping us safe. She stated they'realize hour both the Police Department and Fire- Rescue Department are important to the city. She asked why is Delray Beach so much higher regarding the number of sex offenders. Chief Strianese stated it could be possible that we received an influx from the north and south and also it could be due to probation and parole being here. Mrs. Gray stated she is concerned about the Caring Kitchen being in the middle of a residential area and she has heard complaints from some of the residents in the area. She asked if another location could be found for them.. Mr. Shutt stated this facility is leased to the American Legion who subleases to the Caring Kitchen. He stated Commission could provide direction on whether they want to relocate this or not. Mrs. Gray asked about the Drug Task Force. Chief Strianese stated this was revamped and they are back up and running. Ms. Morrison thanked the Police Department for all they do for us and provided information regarding a review of the Police staffing. She stated there are residential units, hotels, shopping centers, the beach population has doubled, and the Wallace Drive Corridor is being developed so there are a lot of changes coming. She stated they have great policemen and commented that Police Department gave $1 million dollars back last year and thanked them. Mr. Jacquet stated Commission is in agreement that the Police Department needs to maintain their staff and needs to have the number of necessary officers. He stated the Police Department should reflect the population and mirror the demographics of the people they serve and thanked them for they work they have done. He stated they appreciate it and the police need all of the support they can get. Chief Stdanese stated we are approximately 10 -15% off in minority representation and stated this problem will persist for a while here and in other municipalities. He then discussed budget and putting officers through the police academies. Mayor Carney stated Commissioner Morrison made a good point regarding the number of residential units, shopping centers and hotels coming online and we sometimes fail to take into account the number of snowbirds as we look at the population. The Police Department has been doing great with the resources that they have and encouraged the Chief to be more aggressive regarding budget. 5 March 14, 2013 2. Utility Service Line Warranty Program Mr. Rich Reade, Public Information /Sustainability Officer, stated this is a program that was brought to their attention by Commissioner Gray from the National League of Cities and this program provides insurance for single family residential homes for coverage of their utility lines from our meters to their homes. This is a service a number of communities are providing to their residents. He explained the two different types of agreements and stated the cost is estimated to be $5.75 -$7.75 per month. He stated they spoke with persons from Greenacres and Fort Lauderdale. Mr. Mike Madden, Maitland, Florida, stated he likes what has been done in Delray Beach and stated he used to live here some time ago. He spoke regarding the goals, cost, letters and use of the City Logo for the program. He provided background information regarding the company. Mr. Jacquet stated this is a great concept and idea but.he has some concerns after reviewing this. He stated one is the issue that Fort Lauderdale had about their logo being used and feels that with a company coming in and using the Delray Beach logo people will buy into this because the City is sending them a letter not because a private company is sending a letter. In addition, he spoke about marketing and stated he cannot understand why we would want to partner up with a private company to sell their service to individuals. He stated another concern is the automatic renewal in the contract and asked about the monthly and annual cost. Mrs. Gray stated she brought this forward because she is a business owner and owns a residence and provided a scenario regarding a line breaking and the city determines that the homeowner is responsible. She stated most homeowners are not aware of this. It cost approximately $4,000- $5,000 to repair the line. She stated she called other cities to see if there were issues or problems. She stated this is an investment for the residents and would be a free service to our residents as a member of the National League of Cities. This is revenue back to the city. Mrs. Gray stated there will be a list of local contractors who would rotate. Ms. Morrison thanked Mr. Madden for the presentation. She asked regarding the $4,000 limit per occurrence how is this determined, how local contractors are chosen and if they are screened. She asked if the rates charged to the residents have to do with the age of the line. Ms. Morrison discussed referrals. Mr. Madden discussed the contractors, the lines, content of the letters, etc. Mr. Jacquet asked how do they determine a pre- existing condition. Mr. Madden stated there is no pre - existing condition as long as they wait through the thirty days and no material denials. He stated the denial rate is less than 2% -they mostly pay everything that comes in that has a problem. Mr. Frankel stated he has no concerns and thinks this is an optional program. Mayor Carney asked how will the people be billed and about an assignment fee and indemnification. It was the consensus of the Commission that this is fine as long as it is an optional program. Mr. Shutt asked if Commission wants staff to come back with an agreement worked out with the company. He stated he has a copy of Fort Lauderdale's agreement and stated a copy of the letters /mailers can be attached to the agreement. Mayor Carney asked about a disclaimer. March 14, 2013 It was the consensus of the Commission to attach the letter to the agreement. 3. Valet Parking Program Review Mr. Scott Aronson, Parking Management Specialist, conducted this presentation. He provided a history of the program, number of queues, spaces, locations and valet program options. He mentioned an employee parking program. Mr. Aronson also discussed the SE 2nd Avenue valet queue recommendations regarding the agreements and the options. Ms. Morrison asked about the spaces for the Prime Steakhouse and if we know what other cities charge for parking. Mr. Frankel asked about the courthouse garage and stated it is supposed to be open to citizens with employees parking in the back. He asked Mr. Aronson to check into this and asked about using the facility at nights, on weekends and during the holidays. He stated he likes the amendment of violations /penalties for inappropriate behaviors of valet employees. Mr. Frankel stated he agrees with the recommendation to maintain the current program. He stated regarding SE 2nd Avenue, Mr. Aronson should talk to Mr. Rack who is interested in establishing a queue outside of his restaurant. Mrs. Gray stated she is in favor of the current program. She asked if there is still a valet queue at the Seagate Hotel. Mr. Aronson stated they did not renew. Mrs. Gray stated as far as SE 2nd Avenue is concerned she is in favor of the two additional spaces and asked what is the fee for the additional spaces. She stated the city should not have to pay and she is not in favor of having the two (2) queues that close to Atlantic Avenue. She stated she can only support one queue on SE 2nd Avenue not two. Mr. Aronson discussed Prime's revised request and stated they requested to move their queue onto Atlantic Avenue. Discussion continued regarding the request. Ms. Morrison discussed eliminating the left hand turn signal at SE 2nd Avenue. The City Attorney asked Randal. Katejcarek, City Engineer, if we have the ability to do this. Mr. Krejcarek stated this is something that can be done by the city. Mr. Aronson discussed separation of pickup and delivery of cars. A Delray Beach Sergeant spoke about downtown parking. Mr. Frankel stated the officer gave a great presentation at the Downtown Development Authority (DDA) meeting and stated Commission may want to consider funding more Clean and Safe Officers. Ms. Morrison asked if it is hard to obtain more street lights. Mr. Krejcarek stated the city will have to work with Florida Power & Light (FP &L) for upgrading lighting. At this point, the Commission allowed Mr. Fran Marincola to speak and Mr. Marincola stated he agrees with Mr. Aronson's recommendation to have .five (5) spaces and eliminate the node. 7 March 14, 2013 Mr. Jacquet stated he is glad Mr. Marincola spoke. He discussed the valet queues and prices. He stated the city should not be paying for anything. Mayor Carney stated there is a sense that there are too many queues. He stated we need better enforcement of how queues are being operated. Mr. Frankel stated there are valet signs being placed out before the right time. Commission and staff discussed the agreements pertaining to City Manager renewal and making them retroactive to July 2012. In addition, they decided to add a violation regarding the behavior of valet queue employees. Regarding SE 2nd Avenue, they want no left hand turns 24/7, on the west side add five (5) spaces, add two (2) spaces on the east side and no taxpayer dollars spent on improvements. The City Commission stated the city prefers to do the work in our own Right of Ways (K-0-NN). Mr. Shutt discussed an agreement regarding the R -O -W and stated the cost to the vendor would be spread out over twelve (12) months. 4. Discussion regarding the Conceptual Design of N.E. 3rd Avenue Mr. Krejcarek discussed the Artists Alley concept sketch as well as the east end of N.E. Yd Street way finder signs to direct people into the alley. He stated staff is looking for Commission consensus tonight. Mr. Krejcarek stated the Community Redevelopment Agency (CRA) has paid for the concept and will pay for the design and some of the construction. Ms. Morrison asked about the timing. Mayor Carney asked if this came out of the Charette that was held. Mrs. Gray stated this is a very beautiful design and will be in the location of where taxpayers have paid over $1 million for a building. She asked if the alley will still be in the back of the warehouse. Mr. Krejcarek discussed the goal of the project. Mr. Frankel discussed the park area at the east end of NE 3`d Street and stated it will be remarkable. He commended Mr. Krejcarek on the presentation. Mayor Carney stated this was a great presentation. 5. Discussion regarding Multi-Space Parking Meters for the Old School Square Garage Mr. Aronson stated staff would like to put in meters and discussed quotes. He stated they can opt for a coin option for convenience. Mr. Douglas Smith asked if this is the same technology as the beach lots. Mr. Frankel stated he is in favor of doing the pay station automation. He discussed West Palm Beach's parking system at the City Center and referenced their coin system. He asked if staff has checked the system out regarding cost. Mr. Aronson stated it will cost $1 million. Mrs. Gray stated she is glad to see something is being done and asked about the contract. She asked if we will automatically use them again. March 14, 2013 Ms. Morrison asked will we charge for the parking 24 hours seven days a week now. Mr. Aronson stated we will charge on Thursday, Fridays and Saturdays until 4:00 p.m. Mr. Jacquet asked how many elevator landings do we have and is this for all five regarding cost. Mayor Carney stated this is a great plan and long overdue. He stated staff should look at meters on A -1 -A as well. Mayor Carney adjourned the Workshop Meeting at 9:16 p.m. City Clerk ATTEST: YOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, March 14, 2013, which Minutes were formally approved and adopted by the City Commission on May 7, 2013. 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 amendments, additions or deletions to the Minutes as set forth above. March 14, 2013